1 ORGANIZATIONAL MEETING WEDNESDAY, JANUARY 4, 1999 1:30 PM

The Board met in accordance with the rules.

The meeting was called to order by the Clerk of the Board.

The roll was called showing all members present.

The Pledge of Allegiance.

TEMPORARY CHAIRMAN

Nominations were called for Temporary Chairman. Motion was made by Mr. Kramer and seconded by Mrs. Avery that Mr. Moore act as Temporary Chairman.

Nominations were closed for Temporary Chairman.

The Clerk called the roll for Mr. Moore to act as Temporary Chairman. Ayes - 1,814 Noes - 0 Absent - 0 Adopted.

Mr. Moore took the chair and called for nominations for the Chairman of the Board for the year 1999.

CHAIRMAN OF THE BOARD

Motion made by Mr. Wahl and seconded by Mr. Jaeger that the name of Lance H. Bassage be placed in nomination for the Chairman of the Board.

Motion made by Mr. Kramer and seconded by Mr. Daley that the name of James C. Merrick be placed in nomination for the Chairman of the Board.

Mr. Moore entertained a motion for the Clerk to cast one ballot to close the nominations for Chairman of the Board. Mr. Daley moved and Mr. Derrenbacher seconded to cast one ballot to close the nominations for Chairman of the Board. Adopted.

Mr. Moore directed the Clerk to call the roll for the nomination of Lance H. Bassage for Chairman of the Board. The roll was called as follows: Ayes - Layland, 141; Bassage, 128; Wahl, 208; Essler, 94; Jaeger, 26; House, 112 Total 709 Noes - Daley, 194; Avery, 71; Stewart, 187; Merrick, 54; Moore, 72; Olverd, 146; Derrenbacher, 180; Davis, 29; Marks, 51; Kramer, 78; Cansdale, 43 Total 1,105 Lost.

Mr. Moore directed the Clerk to call the roll for the nomination of James C. Merrick for Chairman of the Board. The roll was called as follows: Ayes - Daley, 194; Avery, 71; Stewart, 187; Merrick, 54; Moore, 72; Olverd, 146; Derrenbacher, 180; Davis, 29; Marks, 51; Kramer, 78; Cansdale, 43 Total 1,105 Noes - Layland, 141; Bassage, 128; Wahl, 208; Essler, 94; Jaeger, 26; House, 112 Total 709 Adopted.

2 Mr. Merrick was declared Chairman of the Board for 1999.

Mr. Moore congratulated Mr. Merrick.

Mr. Daley and Mr. Kramer escorted Mr. Merrick to the seat of the Chairman of the Board.

Mr. Merrick thanked those Board members who supported him and stated he looks forward to working with the Board throughout the upcoming year.

VICE CHAIRMAN

Mr. Merrick appointed Mr. Moore as Vice Chairman for the year 1999.

Mr. Moore thanked Mr. Merrick for the appointment.

COMMENTS FROM THE CHAIRMAN OF THE BOARD

Mr. Merrick stated that the Board has been working on several projects throughout 1998, and it is his intentions to continue those projects--namely the County Highway Facility, Mt. Morris/Groveland water and sewer, and the public safety communication upgrade. Mr. Stewart is working on the Gateway Project that will be located across from the Wal-Mart plaza. The County is still awaiting funds for the Dansville Properties (Castle on the Hill) project. Conesus Lake is a valuable resource to the County, and the Watershed Inspection Program will continue. The Town of Caledonia is awaiting financing for the CRC project. Last but not least, the American Rock Salt Company has begun their plant construction in the Town of Groveland and this will be a great opportunity for employment and prosperity for the County.

Mr. Merrick stated the 1999 Standing Committee appointments will be finalized this week and mailed to the Board. The Chairman of each committee was asked to inform Virginia at their earliest convenience of their committee schedule.

ADJOURNMENT Motion made by Mr. Moore and seconded by Mr. Layland to adjourn the meeting to Wednesday, January 13, 1999 at 1:30 PM. Carried.

The Board adjourned at 1:42 PM.

4

REGULAR BOARD MEETING WEDNESDAY, JANUARY 13, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Messrs. Derrenbacher and Kramer.

The Pledge of Allegiance.

MINUTES Minutes of 12/23/98 Regular Meeting and 1/4/99 Organizational Meeting were approved as presented.

Mr. Kramer entered.

COMMUNICATIONS 1. Notice of Claim in the matter of Shaun Grimmelt 2. Thank you note from Lisa Grosse 3. Thank you note from Michele Rees 4. Thank you note from Virginia Amico 5. Letter from Mt. Morris Village Clerk Louis J. Sciotti regarding SEQRA Findings Statement for Genesee & Wyoming Railroad Proposed Rail Spur made by the Village of Mt. Morris Zoning Board of Appeals on October 20, 1998 6. Letter from Mt. Morris Town Clerk Joyce Swanson regarding SEQRA Findings Statement for Genesee & Wyoming Railroad Proposed Rail Spur made by the Town of Mt. Morris Planning Board on October 21, 1998. 7. Letter from the U.S. Department of Agriculture, New York Rural Development approving the grant to extend public water to the Hamlet of Conesus 8. Subpoenas have been served on various County Officials by the Commission of Investigation to appear and testify before the Commission on January 22, 1999. The County Attorney stated that Dennis House, Emery Jaeger, Patrick Rountree, Barbara Campbell and former Local Conditional Release Commission Members Gustave D=Aprile, Joseph Temperato, Thomas Tremer and Marc Connolly have been subpoenaed to testify. The consensus of the Board was to have the County Attorney represent those in attendance. 9. The Supervisors Committee resolution setting the 1999 Board of Supervisor Meeting Dates has been pulled from the agenda.

RESOLUTION NO. 99-001. APPROVING ABSTRACT OF CLAIMS #1A - JANUARY 13, 1999 Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #1A dated January 13, 1999 in the total amount of $1,165,313.13. Dated at Geneseo, New York January 13, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

PRIVILEGE OF THE FLOOR There was not a request for Privilege of the Floor. 5

RESOLUTION NO. 99-002. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY SOIL AND WATER CONSERVATION BOARD Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the following members be appointed to the Livingston County Soil & Water Conservation District Board of Directors for a term to expire as designated: Gary D. Moore Supervisor Member 12/31/99 Ivan C. Davis Supervisor Member 12/31/99 Robert Schramm Farm Bureau 12/31/2001 Dated at Geneseo, New York January 13, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-003. APPOINTING MEMBERS TO THE NEW YORK STATE FISH AND WILDLIFE MANAGEMENT BOARD Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby appointed to the New York State Fish and Wildlife Management Board to fill the unexpired term of Lonnie Meeusen, DVM, as Landowner Representative expiring December 31, 2000: Rodney Graham, 41 Bailey Road, Hunt, New York 14846; and, it is further RESOLVED, that the following person is hereby appointed to the New York State Fish and Wildlife Management Board as the Landowner Representative Alternate expiring December 31, 2000: Harlan (Butch) James, 745 Route 436, Hunt, New York 14846. Dated at Geneseo, New York January 13, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-004. AUTHORIZING TRANSFER OF FUNDS - VARIOUS (EMERGENCY MANAGEMENT SERVICES, OFFICE FOR THE AGING, PUBLIC HEALTH) Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York January 13, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-005. AUTHORIZING CHAIRMAN TO FILE APPLICATION FOR GRANT ASSISTANCE UNDER THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND Mr. Marks presented the following resolution and moved its adoption: WHEREAS, Livingston County has been awarded numerous grants by the State Archives and Records Administration Grants Unit, and WHEREAS, the State Archives and Records Administration is receiving applications for the award of additional records management grants, and WHEREAS, the County intends to utilize additional State funding to assist in carrying out records 6 management proposals and initiatives to be conceived as part of the records management plan, now, therefore, be it RESOLVED, that the Board of Supervisors hereby authorizes the Chairman to file an application for grant assistance under the Local Government Records Management Improvement Fund to help continue the County=s records management program. Grant application on file in Clerk=s office. Dated at Geneseo, New York January 13, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-006. ESTABLISHING PETTY CASH FOR VARIOUS DEPARTMENTS Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the following petty cash amounts and designees be established for the year 1999 as follows: DEPARTMENT CUSTODIAN AMOUNT Board of Sup./Cty. Adm. Terrence Donegan $ 100.00 Counseling Services Mark Brown 2,500.00 County Clerk James Culbertson 650.00 Economic Development Patrick Rountree 150.00 Highway Donald Higgins 1,000.00 J.T.P.A. Gloria Brand 300.00 Personnel Tish Lynn 100.00 Planning David Woods 125.00 Probation Barbara Campbell 350.00 Public Health Joan Ellison 150.00 Sewer District Judy Travis 150.00 Sheriff=s Dept. John York 2,500.00 SNF - Geneseo Frank Bassett 500.00 SNF - Campus Peter Carter 2,300.00 Social Services W. Michael Woodhouse 2,000.00 Treasurer Arlene Johnston 2,000.00 Weights & Measurers Michael Cloonan 150.00 Women=s Health Center Joan Ellison 500.00 Youth Bureau Gloria Brand 100.00 Dated at Geneseo, New York January 13, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-007. SUPPORTING LEGISLATION AUTHORIZING PAYMENT TO LIVINGSTON COUNTY FOR THE STATE-MANDATED SALARY INCREASE OF THE LIVINGSTON COUNTY DISTRICT ATTORNEY Mr. Marks presented the following resolution and moved its adoption: WHEREAS, New York State has mandated the salary of Livingston County=s District Attorney, and WHEREAS, New York State, on December 21, 1998, increased the salary for the Livingston County District Attorney from $99,000.00 to $119,800.00, effective January 1, 1999, and WHEREAS, New York State enacted the legislation mandating the $20,800.00 salary increase to the Livingston County District Attorney without input, consultation, or consent of the Livingston County Board of 7

Supervisors, and WHEREAS, the salary increase to the Livingston County District Attorney is, at present, a County charge, and WHEREAS, New York State has assumed responsibility for District Attorney salary increases in the past, and as recently as 1996, amended County Law 700 subdivision 11 such that the counties were relieved of State mandated District Attorney salary increases, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors request that the State of New York enact an amendment to County Law section 700 subdivision 11 providing that the salary increase mandated by the State of New York, effective January 1, 1999, become a State charge, and be it further RESOLVED, that certified copies of this resolution be sent to Governor George E. Pataki, Lieutenant Governor Mary O. Donohue, New York State Senators Joseph Bruno, Ronald Stafford, Dale M. Volker, and Patricia McGee; New York State Assembly Members Sheldon Silver, Herman D. Farrell Jr., Gerald E. Johnson, Craig Doran, and Dan Burling; Robert King, New York State Budget Director; and Katherine N. Lapp, Commissioner of the Division of Criminal Justice. Dated at Geneseo, New York January 13, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-008. APPOINTING MEMBER TO THE LIVINGSTON COUNTY BOARD OF ETHICS - KNAPP Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, Brewster Depuy was appointed as a member of the Livingston County Board of Ethics for a three-year term expiring 12/31/98 and he does not desire to be reappointed, it is hereby RESOLVED, that Dwight Knapp of 10342 Hoataling Road, Dansville, New York 14437 is hereby appointed to the Livingston County Board of Ethics for a three-year term to commence January 1, 1999 and expire December 31, 2001. Dated at Geneseo, New York January 13, 1999 Legislative Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

Mr. Daley moved and Mr. Kramer seconded to defer the Public Safety Committee resolution Declaring Surplus Property - Sheriff=s Department to the end of the meeting. Carried.

RESOLUTION NO. 99-009. AUTHORIZING SIGNATURE OF CHANGE ORDER NUMBER ONE FOR THE HEMLOCK TRANSMISSION PROJECT - BEARDSLEY PIPELINE, INC. Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Beardsley Pipeline has submitted a change order to the Hemlock Transmission Project which decreases the overall contract price by $406.00, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes and directs that the above referenced change order be executed by the Chairman of the Board, subject to review by the County Attorney and County Administrator. Copy of change order on file in Clerk=s office. Dated at Geneseo, New York January 13, 1999 Public Works Committee Catherine Muscarella, Public Works Director, explained that due to some changes in the project, the total project cost decreased by $406.00. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted. 8

RESOLUTION NO. 99-010. AUTHORIZING EASEMENT - RICHARD L. DODD AND LINDA S. DODD Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Richard and Linda Dodd have requested a four foot easement over lands owned by the Conesus Lake County Sewer District for the purpose of installing a waterline from West Lake Road to their residence at 5111 West Lake Road, Geneseo, New York, now therefore be it, RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign all papers necessary to grant said easement, after review by the County Administrator and County Attorney. Copy of easement on file in Clerk=s office. Dated at Geneseo, New York January 13, 1999 Public Works Committee The County Attorney explained the need for the easement. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-011. APPOINTING MEMBERS TO THE BOARD OF THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY - RIEDMAN, WAHL Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the following individuals be appointed to the board of the Livingston County Water and Sewer Authority for the terms designated: MEMBER TERM EXPIRES Frank Riedman 12/31/01 2620 East Lake Road Livonia, NY 14487

Timothy R. Wahl 12/31/01 3829 Federal Road Livonia, NY 14487 Dated at Geneseo, New York January 13, 1999 Public Works Committee Mr. Essler stated that Mr. Riedman is being appointed to serve another three-year term, and Mr. Wahl is replacing Francis Kosakowski. There is still a position on the Board vacated by Joseph Daley. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-012. AUTHORIZING PURCHASE OF A 15-PASSENGER VAN FROM STATE CONTRACT FOR THE DEPARTMENT OF SOCIAL SERVICES Mrs. Avery presented the following resolution and moved its adoption: RESOLVED, that the Commissioner of Social Services is hereby authorized to purchase one (1) new 1999 Chevrolet 15-passenger van through New York State Contract #40540 from SUN Chevrolet, Inc., 104 West Genesee Street, Chittenango, NY 13037, with options including power door locks/windows and tilt wheel, and speed control at a total cost of $21,358.10. Dated at Geneseo, New York January 13, 1999 Social Services Committee Michael Woodhouse, Commission of Social Services, explained that the department had two 1989 buses given to them from Rochester Regional Transportation Authority and the one bus is beyond repair. Funds have been 9 encumbered from the 1998 budget to purchase the new van. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-013. CORRECTING TAX ROLL - VARIOUS TOWNS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to fifteen (15) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of Avon, Conesus, Livonia, Mt. Morris, Portage, West Sparta and York on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Avon Livingston County 57.78 6.96 0.00 50.82 MARTIN, Richard Avon Town Tax 16.43 1.98 0.00 14.45 Tax Map Number Total $74.21 $8.94 $0.00 $65.27 34.15-1-3.56

2. 1999 Avon Livingston County 2160.19 1688.21 0.00 471.98 COYNE, Edward . & Dorothy Avon Town Tax 1077.76 842.28 0.00 235.48 Tax Map Number Avon Fire 1 526.76 423.06 0.00 103.70 33.20-1-7 Total $3764.71 $2953.55 $0.00 $811.16

3. 1999 Avon Livingston County 787.97 648.75 0.00 139.22 GILBRIDE, John W. Avon Town Tax 224.05 184.46 0.00 39.59 Tax Map Number Total $1012.02 $833.21 $0.00 $178.81 34.15-1-3.32

4. 1999 Conesus Livingston County 386.18 386.18 0.00 0.00 DREXLER, Donald A. Conesus Town Tax 341.03 341.03 0.00 0.00 Tax Map Number Conesus Fire #1 45.57 45.57 0.00 0.00 101.78-2-10 County Water Dist.#1 479.00 10.00 469.00 469.00 Total $1251.78 $782.78 $469.00 $469.00

5. 1999 Conesus Livingston County 597.94 597.94 0.00 0.00 KUKLA, George Conesus Town Tax 528.04 528.04 0.00 0.00 Tax Map Number Conesus Fire #1 70.55 70.55 0.00 0.00 110.69-1-2 Liv. Co. Water #1 479.00 0.00 0.00 479.00 Total $1675.53 $1196.53 $0.00 $479.00

6. 1999 Conesus Livingston County 367.52 367.52 0.00 0.00 DELORME, Bruce C. Conesus Town Tax 324.55 324.55 0.00 0.00 Tax Map Number Conesus Fire 1 43.37 43.37 0.00 0.00 110.69-1-3 Co. Water #1-Zone 1 479.00 0.00 0.00 479.00 Unpd.C.L. Sewer 275.00 275.00 0.00 0.00 Total $1489.44 $1010.44 $0.00 $479.00

7. 1999 Conesus Livingston County 744.69 744.69 0.00 0.00 10

LASOTA, Edmund P. & Rita Conesus Town Tax 657.63 657.63 0.00 0.00 Tax Map Number Conesus Fire 1 87.87 87.87 0.00 0.00 110.69-1-6 Co.Water #1-Zone 1 479.00 0.00 479.00 479.00 Total $1969.19 $1490.19 $479.00 $479.00

8. 1999 Conesus Livingston County 863.12 863.12 0.00 0.00 HENNESSY, James M. & Barbara Conesus Town Tax 762.21 762.21 0.00 0.00 Tax Map Number Conesus Fire 1 101.85 101.85 0.00 0.00 110.69-1-7 Co.Water #1-Zone 1 479.00 0.00 0.00 479.00 Unpd.C.L. Sewer 275.00 275.00 0.00 0.00 Total $2481.18 $2002.18 $0.00 $479.00

9. 1999 Conesus Livingston County 886.93 886.93 0.00 0.00 HALL, Robert B. Conesus Town Tax 783.24 783.24 0.00 0.00 Tax Map Number Conesus Fire 1 104.66 104.66 0.00 0.00 110.69-1-8 Co.Water #1-Zone1 479.00 0.00 0.00 479.00 Total $2253.83 $1774.83 $0.00 $479.00

10. 1999 Livonia Livingston County 0.00 0.00 0.00 0.00 COUNTY OF LIVINGSTON Livonia Town Tax 0.00 0.00 0.00 0.00 Tax Map Number Livonia Fire #3 0.00 0.00 0.00 0.00 75.7-1-3 Livonia Water #3 0.00 0.00 0.00 0.00 County Water #1 10.00 0.00 0.00 10.00 Total $10.00 $0.00 $0.00 $10.00

11. 1999 Livonia Livingston County 237.36 237.36 0.00 0.00 MARSHALL, Keith Livonia Town Tax 149.88 149.88 0.00 0.00 Tax Map Number Livonia Fire #3 35.10 35.10 0.00 0.00 84-1-34.212 Town Water #4 72.28 0.00 0.00 72.28 County Water #1 10.00 0.00 0.00 10.00 Total $504.62 $422.34 $0.00 $82.28

12. 1999 Mt. Morris Livingston County 365.05 365.05 0.00 0.00 SAUNDERS, Burt Liv. Co. Penalties 52.83 0.00 0.00 52.83 WHITE, Pamela Mt. Morris Town Tax 355.23 355.23 0.00 0.00 Tax Map Number Keshequa Sch. Relevy 754.70 0.00 0.00 754.70 156-1-7 Mt. Morris Fire 1 27.94 27.94 0.00 0.00 Total $1555.75 $748.22 $0.00 $807.53

13. 1999 Portage WISE, John F., Et Al Livingston County 251.11 251.11 0.00 0.00 Tax Map Number Liv. Co. Penalties 37.84 0.00 0.00 37.84 206-1-24.2 Portage Town Tax 347.92 347.92 0.00 0.00 Keshequa Sch. Relevy 540.53 0.00 0.00 540.53 Portage Fire 1 27.42 27.42 0.00 0.00 Total $1204.82 $626.45 $0.00 $578.37

14. 1999 West Sparta Livingston County 616.48 616.48 0.00 0.00 MARTIN, Paul A. Liv. Co. Penalties 207.03 91.36 0.00 115.67 Tax Map Number West Sparta Town Tax 802.65 802.65 0.00 0.00 186-1-44.115 Keshequa Sch. Relevy 2957.59 1305.19 0.00 1652.40 West Sparta Fire 1 90.73 90.73 0.00 0.00 T/C Pro Rated Tax 225.89 225.89 0.00 0.00 Total $4900.37 $3132.30 $0.00 $1768.07

15. 1999 York Livingston County 839.76 720.02 0.00 119.74 ARNEY, Ila Mary York Town Tax 528.65 453.27 0.00 75.38 Tax Map Number York Fire #1 127.49 109.31 0.00 18.18 41-1-23 York Light #1 32.64 27.99 0.00 4.65 11

Water #2 Occ.Units 275.15 275.15 0.00 0.00 Total $1803.69 $1585.74 $0.00 $217.95 Dated at Geneseo, New York January 13, 1999 Tax Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

OTHER BUSINESS 1. 1999 Standing Committee Assignments

LIVINGSTON COUNTY BOARD OF SUPERVISORS STANDING COMMITTEES 1999

AGRICULTURE AND SOIL PUBLIC SAFETY: CONSERVATION: Daley, Chairman Davis, Chairman Moore, Vice Chairman Stewart, Vice Chairman Derrenbacher House PUBLIC WORKS & BUILDINGS, GROUNDS & TRANSPORTATION: PARKS: Essler, Chairman Olverd, Chairman Avery, Vice Chairman Moore, Vice Chairman Wahl House SALARY & NEGOTIATING: FINANCE: Moore, Chairman Derrenbacher, Chairman Derrenbacher, Vice Chairman Marks, Vice Chairman Cansdale Stewart Bassage Wahl HEALTH: Bassage, Chairman SOCIAL SERVICES: House, Vice Chairman Avery, Chairman Avery Layland, Vice Chairman Kramer Essler Wahl Olverd Daley HIGHWAY: Stewart, Chairman SUPERVISORS: Davis, Vice Chairman Marks, Chairman Jaeger Essler, Vice Chairman Layland Olverd Marks TAX: JUDICIAL: Kramer, Chairman Jaeger, Chairman Bassage, Vice Chairman Daley, Vice Chairman Jaeger Cansdale

LEGISLATIVE & PUBLIC RELATIONS: Cansdale, Chairman Kramer, Vice Chairman Layland 12

2. The Chairman of the Board announced the following appointments for the year 1999: - Timothy R. Wahl, Livonia Town Supervisor, to serve on Finger Lakes Association Board of Directors - Gary Moore, Vice Chairman (Chairman Designee); Dennis House, York Town Supervisor; Emery Jaeger, Ossian Town Supervisor; Catherine Muscarella (Alternate), Director of Public Works, to serve as members on the GLOW Solid Waste Committee - Dennis House, York Town Supervisor (Chairman Designee); Richard Essler, Nunda Town Supervisor; Timothy Wahl, Livonia Town Supervisor (Alternate); Robert Yull and David Woods, Director of Planning (Ex officio) to serve on the Genesee Finger Lakes Regional Planning Council

EXECUTIVE SESSION Motion made by Mr. Daley and seconded by Mr. Moore that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing information regarding proposed, pending or current canine litigation, and the proposed sale or lease of real property and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole and County Administrator Dominic F. Mazza, County Attorney David Morris, Deputy Director Economic Development Aaron Gagne and Undersheriff Maloney remain present. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF THE COMMITTEE OF THE WHOLE

The Board of Supervisors having met in Executive Session for the purpose of discussing information regarding proposed, pending or current canine litigation, and the proposed sale or lease of real property hereby reports as follows:

1. No action taken.

Dated January 13, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary

Motion made by Mr. Layland and seconded by Mr. Daley that the Report of the Committee of the Whole be accepted. Carried.

RESOLUTION NO. 99-014. DECLARING SURPLUS PROPERTY - LIVINGSTON COUNTY SHERIFF===S DEPARTMENT Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain items of personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following as surplus property to be disposed of as determined by the County Administrator: LIVINGSTON COUNTY SHERIFF=S DEPARTMENT One (1) Canine named JAG Dated at Geneseo, New York January 13, 1999 Public Safety Committee 13

The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

OTHER BUSINESS cont. 1. The County Attorney announced that there is pending litigation regarding the $1,000,000 authorized for public works improvements at the new Highway Facility at Hampton Corners. The County is being represented by the law firm Boylan, Brown, Code, Fowler, Vigdor & Wilson LLP of 2400 Chase Square, Rochester, New York 14604 and this case is scheduled to be heard on January 21, 1999. 2. Mr. Daley, Chairman of the Public Safety Committee, provided a status report on the COPS Universal Grant, and the Retsof fire department training incident at the Fire Training Tower.

ADJOURNMENT Motion made by Mr. Moore and seconded by Mr. Layland to adjourn until Wednesday, January 27, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:50 p.m. 14

REGULAR BOARD MEETING WEDNESDAY, JANUARY 27, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 1/13/99 Regular Board Meeting were corrected by Mrs. Cansdale as follows: Change Mr. Avery and Mr. Cansdale to read Mrs. Avery and Mrs. Cansdale. The minutes were approved as amended.

PUBLIC HEARING - 1:35 PM The Public Hearing to receive comments on the Small Cities Grant Program was called in accordance with the notices published in the official newspapers:

Chairman Merrick announced that any person wishing to be heard would have the opportunity to do so at this time.

Stuart I. Brown stated that the deadline for submitting the application is February 3, 1999. Mr. Brown explained that the public hearing conducted on January 7, 1999 announced the County=s intent to apply for funding and today=s public hearing is to announce the project that the County intends to submit. Livingston County has determined to submit the Microbusiness Assistance Program that will assist small business throughout the County. The Board reviewed the proposed grant budget (on file).

The Chairman stated that the Public Hearings would remain open until the end of the meeting.

COMMUNICATIONS 1. Intercounty Association of Western New York meeting notice for February 18, 1998, 9:30 a.m., Allegany County, Alfred State Tech College, Vocational Division, Wellsville, New York PROGRAM: Tour of Machinist Program at Alfred Tech

RESOLUTION NO. 99-015. APPROVING ABSTRACT OF CLAIMS #1B - JANUARY 27, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #1B dated January 27, 1999 in the total amount of $1,916,798.98. Dated at Geneseo, New York January 27, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR There was no request for Privilege of the Floor.

RESOLUTION NO. 99-016. AUTHORIZING TRANSFER OF FUNDS - PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested 15 transfers per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the County Administrator. Dated at Geneseo, New York January 27, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-017. AUTHORIZING A PILOT AGREEMENT WITH DANSVILLE CASTLE HOUSING DEVELOPMENT FUND COMPANY, INC. Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston has entered into an agreement to sell the so-called Dansville Castle property to Home Properties; and WHEREAS, the terms of the contract contain contingencies relative to payments to the County of Livingston in lieu of real property taxes and payments to the County of Livingston for the purchase of the property; and WHEREAS, the County of Livingston and Dansville Castle Housing Development Fund Company, Inc. propose to combine both payments into one Pilot Agreement; now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a Pilot Agreement with Dansville Castle Housing Development Fund Company, Inc., such agreement to combine the payments previously approved by the Livingston County Board of Supervisors in the contract of sale, subject to the approval of the County Attorney and County Administrator. Copy of Pilot Agreement on file in Clerk=s office. Dated at Geneseo, New York January 27, 1999 Finance Committee The County Administrator explained that this agreement will combine the $200,000 purchase price and terms and the payment-in-lieu of taxes into one agreement. This agreement will provide better security for failure to pay. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-018. DECLARING SURPLUS PROPERTY - RECORDS MANAGEMENT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain items of personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following various items surplus property to be disposed of as determined by the County Administrator: RECORDS MANAGEMENT Map cabinets: L 35" x W 37" with one hanging rack in the middle and doors L 36" x W 39" with a center shelf and doors Dated at Geneseo, New York January 27, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-019. APPROVING MAXIMUM WAGE RATES FOR TOWN, VILLAGE AND COUNTY HIGHWAY EMPLOYEES WHILE ENGAGED IN SNOW AND ICE WORK ON STATE HIGHWAYS FROM 1/1/99 -12/31/99 AND FOR WORK DONE FOR THE COUNTY DURING THAT 16

PERIOD Mr. Stewart presented the following resolution and moved its adoption: RESOLVED, that the maximum wage rates shown on the attached schedule for Town, Village and County Highway Employees be, and the same hereby are, approved for snow and ice control on State Highways and for work done within the County of Livingston from 1/1/99-12/31/99.

STATE OF NEW YORK - DEPARTMENT OF PUBLIC WORKS Division of Operation and Maintenance

MAXIMUM WAGE RATES - COUNTY, TOWN, VILLAGE EMPLOYEES SNOW AND ICE CONTROL ON STATE HIGHWAYS

COUNTY LIVINGSTON SEASON OF 1998-1999 DATE 1/1/99

Title: Rate: Employed By:

TOWN OF AVON TOWN OF AVON

Tim Quinlan Deputy & Equip Oper. 14.78* Pay overtime for all hours except 40 between Charles Mader Equip. Operator 14.78 7am - 3:30pm, Mon - Fri (2 hr. noon) Tom Crye " " 14.78 SUMMER HOURS: Approx. May -Sept Wes Clements " " 14.78 6:00am - 4:30pm, Mon-Th (4 - 10 hr. days) Norm Barrett P.T. 10.00 2 HR. CALL-IN POLICY *Deputy does not get extra pay

TOWN OF CALEDONIA TOWN OF CALEDONIA

James Sawyer Deputy & Equip. Oper. 15.67 Pay overtime for all hours except 40 between John Pike Equip. Operator 15.42 7am - 3:30pm, Mon - Fri (2 hr. noon) Mark Schroeder " " 15.42 SUMMER HOURS: Tom Martin " " 15.42 6:00am - 4:30pm, Mon - Th (4 - 10 hr. days) Ivan Carson P.T. 8.50 PART TIME - O.T. after 40 hrs., no benefits Marc Chapman " 8.50 Walter Joe Weiland " 8.50 2 HR. CALL-IN POLICY Kyle Sayers " 8.50

TOWN OF CONESUS Reg Rate/ TOWN OF CONESUS Rate Long. Timothy Partridge Deputy & HMEOper. 15.90 16.068* Pay overtime for all hours except 40 between Gerrard Schreiner HME Operator 14.90 15.068* 7am - 3:30pm, Mon - Fri (2 hr. noon) Ron Schillinger " " 14.90 15.068* 2 HR. CALL-IN POLICY David Losey " " 14.90 15.02* FRI. & SAT. WILL BE CALL IN Tim Sparks LMEO 13.15 13.294* FRI. & SAT. WILL BE CALL IN John Clarke " " 13.15 13.174* 6:00am - 4:30 Mon-Th (4 - 10 hr. days) Dick Paul P.T. 9.00 WINTER HOURS Harry Rowe " 9.00 G. Schreiner, 3pm - 11:30pm, Mon - Fri J. Clarke, 11:00pm-7:30am, Mon.-Fri. (eff. 1/1/99- ?) $1.00 per hour more for these shifts *INCLUDES LONGEVITY / OT BASED ON REGULAR RATE

TOWN OF GENESEO TOWN OF GENESEO

Dean Art Carney Deputy & Equip. Oper. 15.75 Pay overtime for all hours except 40 between Wayne Semmel Equip. Operator 15.00 7am - 3:30pm, Mon - Fri (2 hr. noon) Samuel Young " " 15.00 17

Fred Yates " " 15.00 SUMMER HOURS: Donald Rice " " 15.00 6:30am - 4pm, Mon - Th, 6:30am - 10:30am, Fri Alan Flickner " " 15.00 Damon Knights PT 8.50 2 HOUR CALL-IN POLICY

TOWN OF GROVELAND TOWN OF GROVELAND

Mark Caldwell Deputy & Equip. Oper. 13.40 Pay overtime for all hours except 40 between William Wilson Equip. Operator 13.00 7am - 3:30pm, Mon - Fri (2 hr. noon) Philip Scott Rongo " " 13.00 SUMMER HOURS: David Anderson " " 13.00 6:00am - 4:30pm, Mon - Th, Seymour Linsner P.T. 6.50 2 HOUR CALL-IN POLICY Carl Blekkenk " 6.50 NIGHT SHIFT DIFFERENTIAL - $.80/hr. Donald Mark Caldwell Sr. " 8.00

TOWN OF LEICESTER TOWN OF LEICESTER

Mauro Montemarano Equip. Operator 14.47 Pay overtime for all hours except 40 between Edward Roffe " " 14.47 7am - 3:30pm, Mon - Fri (2 hr. noon) Edward Hauslauer " " 14.47 Carl Deming " " 14.47 SUMMER HOURS: Approx. Apr. - Sept. Jim Dodge " " 14.47 6am - 4:30pm, Mon - Th (4 - 10 hr. days) Bob Cassidy P.T. 7.50 Russ Page " 7.50 2 HR. CALL-IN POLICY

TOWN OF LIMA TOWN OF LIMA

Jerry Thomas Equip. Operator 15.80 Pay overtime for all hours except 40 between Ken Arner " " 14.50 7am - 3:30pm, Mon - Fri (2 hr. noon) Ken East 13.00 SUMMER HOURS: Approx. Apr. - Nov. Paul Luft P.T. " 9.00 6am - 4:30pm, Mon - Th (4 - 10 hr. days) Sara Gillette " " 9.00 NO CALL-IN POLICY

TOWN OF LIVONIA TOWN OF LIVONIA

David Peck Deputy & Equip. Oper. 16.37 Pay overtime for all hours except 40 between Kenneth Witherow Equip. Operator 15.37 7am - 3:30pm, Mon - Fri (2 hr. noon) Raymond Gascon " " 15.37 SUMMER HOURS: Approx. Apr. - Nov. James Smith " " 15.37* 6am - 4:30pm, Mon - Th (4 - 10 hr. days) William Kurtz " " 15.37 2 HOUR CALL-IN POLICY Richard Hughes " " 15.37 1 2 pay, double/Christmas Elmer Swick P.T. 11.41 PART TIME: O.T. only after 8 hr./day Vince Schuster " 11.41 Al Spencer " 11.41 *When Jim Smith mows he gets $11.41

TOWN OF MT. MORRIS TOWN OF MT. MORRIS

Kenneth Troglauer Supt. 18.85 Pay overtime for all hours except 40 between John Nasca Deputy & Equip. Oper. 14.10 7am - 3:30pm, Mon - Fri (2 hr. noon) John Nichols Equip. Operator 12.45* SUMMER HOURS: Allen McClements " " 14.10 6:30am - 5pm, Mon - Th (4 - 10 hr. days) Kenneth Steen " " 11.75 Roy Yorks " 11.15 4 HR. CALL-IN POLICY Vern Dillon P.T. 12.00 1 2 pay; 2 2 pay/Holiday Ben Kysor " 10.00 * $.75/hr more included in this rate because he does Don Bryant " 8.35 not take hospitalization Other Seasonals " 6.95

18

TOWN OF NORTH DANSVILLE TOWN OF NORTH DANSVILLE

Jim McWhorter Supt. 16.82 Pay overtime for all hours except 40 between Fred Canfield Deputy & Equip. Oper. 13.25 7am - 3:30pm, Mon - Fri (2 hr. noon) F.T. ONLY Kevin Robinson Equip. Operator 11.75 SUMMER HOURS: Approx. May - Oct. John Dibble P.T. 10.00 6:30am - 5pm, Mon - Th (4 - 10 hr. days) Dick Fournier " 10.00 3 HOUR CALL-IN POLICY Melvin Gridley " 10.00

TOWN OF NUNDA TOWN OF NUNDA

Hugh Thompson Deputy & Equip. Oper. 14.25 Pay overtime for all hours except 40 between Kenneth Weaver Equip. Operator 14.25 7am - 3:30pm, Mon - Fri (2 hr. noon) Bruce Buchinger " " 14.25 Rodney Green " " 14.25 SUMMER HOURS: Approx. May - Oct Luke Fraser P.T. 7.75 6:30am - 5pm, Mon - Th (4 - 10 hr. days) Calvin Moffat " 7.75 PART TIME: O.T. after 8hr./day Troy Bennett " 7.75 Bill Truax " 7.75 2 HOUR CALL-IN POLICY Dick Powers " 7.75

TOWN OF OSSIAN TOWN OF OSSIAN

Kenneth Guy Supt. 18.365 Pay overtime for all hours except 40 between Burton Brokaw Deputy & Equip. Oper. 12.30 7am - 3:30pm, Mon - Fri (2 hr. noon) Doug Carter Equip. Operator 12.05 Winter OT over 8 hr. day. Robert Smith " " 11.35 SUMMER HOURS: Approx. Apr - Sept Doug Brokaw P.T. 8.10 6:30am - 5pm, Mon - Th (4 - 10 hr. days) Don Rawleigh " 8.10 NO CALL-IN POLICY PT Equip Oper Under 5 yr. " 5.50 Laborers " 5.00

TOWN OF PORTAGE TOWN OF PORTAGE

Stephen Howe Equip. Operator 12.35 Pay overtime for all hours except 40 between Fred Garwood " " 12.35 7am - 3:30pm, Mon - Fri (2 hr. noon) Don Coon " " 12.35 Malcom Perry P.T. 7.45 SUMMER HOURS: Approx. Apr - Oct Don Pike, Jr. " 7.45 6:30am - 5pm, Mon - Th (4 - 10 hr. days) Ron Pattridge " 7.45 NO CALL-IN POLICY Jim Crocker " 7.45 Warren Smith " 7.45

TOWN OF SPARTA TOWN OF SPARTA

Gary Kreily Supt. 15.38 Pay overtime for all hours except 40 between Bill Fronk Deputy & Equip. Oper. 13.15 7am - 3:30pm, Mon - Fri (2 hr. noon) Ron Schuster Equip. Operator 12.65 SUMMER HOURS: Approx. Apr - Oct. Kevin Herrington " " 12.65 6am - 4:30pm, Mon - Th (4 - 10 hr. days) Peter Swarts " " 10.45 2 HOUR CALL-IN POLICY

TOWN OF SPRINGWATER TOWN OF SPRINGWATER

Ron Mastin Supt. 19.23 Pay overtime for all hours except 40 between Floyd Wester Deputy & Equip. Oper. 13.65 7am - 3:30pm, Mon - Fri (2 hr. noon) Richard Mastin Equip. Operator 13.40 NIGHT SHIFT: Mike Barber " " 13.40 7pm - 3:30am, 3 men split shift 19

Jack Gessner " " 13.40 No shift differential Mark Humphrey " " 13.40 They actually work 7am-4:30pm (45 hour week) Stephen Holmes " " 13.40 NO CALL-IN POLICY Harlan Cowley P.T. 10.00

TOWN OF WEST SPARTA TOWN OF WEST SPARTA

Daniel Pragle Deputy & Equip. Oper. 12.44* Pay overtime for all hours except 40 between Larry Johnson Equip. Operator 12.44 7am - 3:30pm, Mon - Fri (2 hr. noon) F.T. ONLY Ricky Pernicone " " 12.44 SUMMER HOURS: W. Cramer P.T. Experience 9.00 6am - 4:30pm, Mon - Th (4 - 10 hr. days) T. Wampole " " 9.00 NO CALL-IN POLICY B. Kysor " " 9.00 * Deputy gets $.50/hr. extra when Supt is off David Dale " " 9.00 Ronald Johnson " " 9.00 Wayne Pragle Flagman 6.00 Shannon Griese " " 6.00

TOWN OF YORK TOWN OF YORK

George Landers Deputy & Equip. Oper. 15.47 Pay overtime for all hours except 40 between Michael Nevin Equip. Operator 14.97 7am - 3:30pm, Mon - Fri (2 hr. noon) Larry McClurg " " 14.97 John (Jack) Deming " " 14.97 PART TIME - O.T. after 8hr./day, or Dave Templeton " " 14.97 40 hr./week with no scheduled hours. Bruce MacIntyre P.T. 9.30 Don Lubanski " 9.30 SUMMER HOURS: May-Sept Don Barnhardt " 9.30 6am-4:30pm, Mon - Th (4 - 10 hr. days) James Mayes " 9.30 OT after 10 hours daily or 40 hours weekly Louis Price " 9.30 2 HOUR CALL-IN Mike Orlando " 9.30 Shift Diff. $.75 Wm. Hasler " 9.30

LIVINGSTON COUNTY LIVINGSTON COUNTY

Kevin Barnhart MEO II 13.22 Dean Bourgoine MEO III 15.37 " " " 5/9/99 15.66 Christopher Buckley MEO II 13.22 Thomas Canute MEO III 15.66 Raymond Clark MEO III 15.66 Stephen Cowley Rd.Const. Foreman 18.63 David Crawford Rd. Maint. Foreman 19.32 Michael Donovan MEO II 13.22 Christopher Grosse MEO III 14.04 Howard Guldenschuh MEO II 14.46 " " " 5/19/99 14.74 Charles Hamsher MEO II 14.18 " " " 7/4/99 14.46 William Henry MEO II 14.46 " " " 5/23/99 14.74 Bruce Hitchcock MEO II 12.67 Lawrence LaRue Eng. Tech. 17.69 " " " 1/3/99 18.06 Brian Mastin Weld./Fab. 17.69 " " " 9/12/99 18.06 Cathy MacPherson Sign Shop Tech. 12.67 Michael Mott Eng. Tech. 16.07 20

Richard Paul Br. Const. Foreman 19.72 Fred Shutt MEO III 15.37 Dan Walkley W. Foreman 17.51 Dave Wentworth Rd. Maint. Foreman 19.32 Steven Widener Sr. Sign Tech. 15.95 David Wilkins MEO III 15.66 Ronald Brown Shop Foreman 20.12 Michael Gridley Auto. Mech. 17.17 John Kenney Auto. Mech. 17.51

VILLAGE OF NUNDA VILLAGE OF NUNDA

Larry Walsworth Superintendent 14.73 WINTER HOURS: 7am - 3:30pm, Mon - Fri Ronald Macomber Equip. Operator 14.01 James Garwood " " 13.76 SUPERINTENDENT: 1 2 pay for O.T. Bob King " " 13.35 RATES EFFECTIVE: 6/1/98 - 5/31/99 Dated at Geneseo, New York January 27, 1999 Highway Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-020. APPROVING THE OFFICIAL UNDERTAKING OF PUBLIC EMPLOYEES FIDELITY (BLANKET) BOND FOR GENESEE/FINGER LAKES REGIONAL PLANNING COUNCIL Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the County of Livingston has appropriated the sum of $8,449.43 as its share of the 1999 operating funds of the Genesee/Finger Lakes Regional Planning Council; and WHEREAS, pursuant to Section 119-oo of the General Municipal Law of the State of New York, the County is authorized to provide for the payment of such appropriations to an officer of the agency designated by the agency to receive such monies provided that such officer shall have executed an official undertaking approved by the governing body of the County; and WHEREAS, the Genesee/Finger Lakes Regional Planning Council has designated Paul L. Howard, Executive Director of the Council, as the officer to receive payments of such monies; and WHEREAS, the Genesee/Finger Lakes Regional Planning Council has secured a Public Employees Fidelity (Blanket) Bond, issued by National Grange Mutual Insurance Company, providing faithful performance blanket bond coverage for officers and employees of the Council in the amount of $220,000.00; now, therefore be it, RESOLVED, that the Livingston County Board of Supervisors hereby approves such bond as the official undertaking required pursuant to Section 119-oo of the General Municipal Law. Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-021. PROCLAIMING THE MONTH OF FEBRUARY 1999 AS LIVINGSTON COUNTY SCHOOL-TO-WORK MONTH Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the Livingston County Business/Education Alliance, Livingston County Chamber of Commerce, Employment and Training, GLOW School-to-Work Partnership, and New York State Department of Labor have joined efforts to provide area students an opportunity to connect school with work, and 21

WHEREAS, School-to-Work opportunities demonstrate business and education=s partnership commitment to providing youth of our community with insight to current job market trends, expectations and responsibilities, and WHEREAS, the School-to-Work experiences allow students to interact with local employers throughout Livingston County, exposing students to a variety of career fields and the application of academic skills in the workforce, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaim the month of February 1999 as ΑLIVINGSTON COUNTY SCHOOL-TO-WORK MONTH≅ Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-022. APPOINTING VOTING REPRESENTATIVES TO THE INTERCOUNTY ASSOCIATION OF WESTERN NEW YORK FOR THE YEAR 1999 Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed as Livingston County voting representatives for the Intercounty Association of Western New York for the year 1999:

Dennis R. House Supervisor, Town of York 3894 Telephone Road Caledonia, NY 14423

Richard J. Essler Supervisor, Town of Nunda 23 South Walnut Street Nunda, NY 14517

Emery Jaeger Supervisor, Town of Ossian 4707 Christian Road Dansville, NY 14437 Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-023. REAPPOINTING MEMBERS TO THE COMMUNITY INITIATIVES COUNCIL Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby reappointed to the Livingston County Community Initiatives Council, as representatives of the Private Sector, for a term commencing on January 1, 1999, and expiring December 31, 2001: Gary Blythe, 56 Main Street, PO Box 127, Geneseo, NY 14454 Marcea Clark, 18 Seminole Avenue, Geneseo, NY 14454 Kelly Jo Landers, 5699 Marrowback Road, Conesus, NY 14435 Dated at Geneseo, New York January 27, 1999 22

Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-024. AUTHORIZING SUBMISSION OF APPLICATION FOR RESTORE GRANT Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the New York State Division of Housing and Community Renewal (NYS DHCR) has announced the availability of funds under the RESTORE (Residential Emergency Services to Offer Home Repair for the Elderly) Program; now therefore be it RESOLVED, that the Chairman of the Board of Supervisors be, and he hereby is, authorized to sign and submit an application to NYS DHCR for a RESTORE Program grant. Copy of grant on file in Clerk=s office. Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-025. AUTHORIZING AMENDED CONTRACTS WITH THE FINGER LAKES ASSOCIATION, THE SUNY RESEARCH FOUNDATION, AND THE LIVINGSTON COUNTY SOIL & WATER CONSERVATION DISTRICT - CLAWS IX Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, Board of Supervisors Resolution No. 98-91 authorized contracts with the Finger Lakes Association and with the Livingston County Soil & Water Conservation District (CLAWS IX); and WHEREAS, Board of Supervisors Resolution No. 98-402 authorized a contract with the SUNY Research Foundation; now, therefore be it RESOLVED, that the Chairman be, and hereby is, authorized to sign amended contracts with the Finger Lakes Association, the SUNY Research Foundation, and the Livingston County Soil & Water Conservation District after review by the County Administrator and the County Attorney. Copy of contracts on file in Clerk=s office. Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-026. APPOINTING MEMBERS TO LIVINGSTON COUNTY PLANNING BOARD Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby reappointed to the Livingston County Planning Board for a term commencing January 1, 1999, and expiring December 31, 2001: Town of Mt. Morris - Carl Swanson, 13 Elm Street, Mt. Morris, NY 14510 Town of North Dansville - Marie Roberts, 53 Clara Barton St., Dansville, NY 14437 Town of Nunda - Gary Ayers, 2050A Paine Road, Dalton, NY 14836 Town of Ossian - Joan Wamp, 5332 Ossian Hill Road, Dansville, NY 14437 Town of Portage - Rodney Graham, 41 Bailey Road, Hunt, NY 14846 Town of Sparta - Andrew Blaise, 6071 N. Dansville-Sparta Town Line Road, Dansville, NY 14437 Town of Livonia - Donald Richards, 3244 East Lake Road, Livonia, NY 14487 Village of Dansville - Vacant Village of Lima - Barry Ingalsbe, 2036 Michigan Avenue, Lima, NY 14485 and be if further RESOLVED, that the following person is hereby reappointed as an alternate member of the Livingston 23

County Planning Board for a term commencing January 1, 1999, and expiring December 31, 1999: Planning Board Alternate #1 - John Crandall, 10115 State Street, Dalton, NY 14836 24

Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-027. AUTHORIZING EXTENSION OF SECTION 8 CONTRACTS WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the Local Administrator of the Planning Department=s Office of Housing Assistance be, and she hereby is, authorized to sign contract extensions with the NYS Housing Finance Agency and the NYS Division of Housing and Community Renewal, for the Section 8 Certificate, Section 8 Voucher, and Section 8 Moderate Rehabilitation Programs, after review by the County Attorney and County Administrator. Copy of contracts on file in Clerk=s office. Dated at Geneseo, New York January 27, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-028. AMENDING THE 1999 SALARY SCHEDULE - CENTRAL SERVICES, SHERIFF, HIGHWAY, PUBLIC HEALTH AND DEPARTMENT OF SOCIAL SERVICES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: CENTRAL SERVICES Create one (1) Building Maintenance Person position Delete one (1) Building Maintenance Mechanic position

SHERIFF Create one (1) Civilian Dispatcher position

HIGHWAY Change the step for Brian Mastin from 4 to 5

PUBLIC HEALTH Change the step and wage for Deborah Brown from step 2, $16.29 to step 1, $16.86 Change the wage for Christine Phelps from $16.78** to $16.79**

DEPARTMENT OF SOCIAL SERVICES Change the longevities for Mary Lou Chapman from * to ** Dated at Geneseo, New York January 27, 1999 Salary & Negotiating Committee Mr. Moore explained that the amendments to the Highway, Public Health and Department of Social Services are correcting typographical errors. The Central Services position speaks for itself. Mr. Moore asked the County Administrator to comment on the creation of a Civilian Dispatcher position. The County Administrator stated that the position has been budgeted. There has been an increase number of calls and a lack of available part- time personnel. There will be an increased need when the Village of Dansville transfers the radio dispatching to the Sheriff=s Department. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. RESOLUTION NO. 99-029. CORRECTING TAX ROLL - VARIOUS TOWNS Mr. Kramer presented the following resolution and moved its adoption: 25

WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to fifteen (15) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of Avon, Conesus, Livonia, North Dansville, Nunda and York on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Avon Livingston County 632.05 316.02 0.00 316.03 DRISCOLL, Mary E. Avon Town Tax 179.71 89.86 0.00 89.85 Tax Map Number Total $811.76 $405.88 $0.00 $405.88 34.9-1-46

2. 1999 Avon Livingston County 456.53 273.92 0.00 182.61 FORREST, Helen C. Avon Town Tax 129.81 77.88 0.00 51.93 Tax Map Number Total $586.34 $351.80 $0.00 $234.54 34.10-1-36

3. 1999 Avon Livingston County 727.41 509.19 0.00 218.22 HANNA, Dorothy Avon Town Tax 206.83 144.78 0.00 62.05 Tax Map Number Total $934.24 $653.97 $0.00 $280.27 34.10-2-60

4. 1999 Avon Livingston County 383.16 249.05 134.11 134.11 PIKE, Monica Avon Town Tax 191.17 124.26 66.91 66.91 Tax Map Number Avon Fire #1 112.25 112.25 0.00 0.00 34.15-2-3 Total $686.58 $485.56 $201.02 $201.02

5. 1999 Conesus Livingston County 481.44 481.44 0.00 0.00 GERBER, Vincent Conesus Town Tax 425.16 425.16 0.00 0.00 Tax Map Number Conesus Fire #1 56.81 56.81 0.00 0.00 110.69-1-1 Co. Water #1-Zone 1 479.00 0.00 479.00 479.00 Total $1442.41 $963.41 $479.00 $479.00

6. 1999 Conesus Livingston County 260.03 260.03 0.00 0.00 MARR, Richard A. & Brenda J. Conesus Town Tax 229.63 229.63 0.00 0.00 Tax Map Number Conesus Fire 1 30.68 30.68 0.00 0.00 110.55-1-7 Co. Water #1-Zone 1 479.00 479.00 0.00 0.00 Unpd.C.L. Sewer 75.00 0.00 0.00 75.00 Total $1074.34 $999.34 $0.00 $75.00

7. 1999 Livonia Livingston County 450.86 450.86 0.00 0.00 HARDING, David J. Livonia Town Tax 284.68 284.68 0.00 0.00 26

Tax Map Number Livonia Fire 3 78.43 78.43 0.00 0.00 66-1-6.1 Co.Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $860.97 $813.97 $0.00 $47.00

8. 1999 Livonia Livingston County 652.42 652.42 0.00 0.00 CARPENTER, Gregory & Joyce Livonia Town Tax 411.95 411.95 0.00 0.00 Tax Map Number Livonia Fire #3 96.48 96.48 0.00 0.00 66-1-10.2 Co.Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $1207.85 $1160.85 $0.00 $47.00

9. 1999 Livonia Livingston County 550.31 550.31 0.00 0.00 SHULL, Steven D. Livonia Town Tax 347.48 347.48 0.00 0.00 Tax Map Number Livonia Fire #3 81.38 81.38 0.00 0.00 66-1-20 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1026.17 $979.17 $47.00 $47.00

10. 1999 Livonia Livingston County 583.46 583.46 0.00 0.00 BERRY, Joseph Jr. Livonia Town Tax 368.41 368.41 0.00 0.00 Tax Map Number Livonia Fire #3 86.28 86.28 0.00 0.00 66-1-47.14 Co.Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $1085.15 $1038.15 $0.00 $47.00

11. 1999 Livonia Livingston County 528.43 528.43 0.00 0.00 DUFFY, Dane & Cheri Livonia Town Tax 333.66 333.66 0.00 0.00 Tax Map Number Livonia Fire 3 78.14 78.14 0.00 0.00 66-1-47.112 Co.Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $987.23 $940.23 $0.00 $47.00

12. 1999 Livonia Livingston County 584.12 584.12 0.00 0.00 REID, Guy Livonia Town Tax 368.83 368.83 0.00 0.00 Tax Map Number Livonia Fire 3 86.38 86.38 0.00 0.00 66-1-54 Co. Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $1086.33 $1039.33 $0.00 $47.00

13. 1999 North Dansville Livingston County 375.19 356.67 0.00 18.52 PARTRIDGE, Arthur & Rita N.Dansville Town Tax 95.32 90.61 0.00 4.71 Tax Map Number Total $460.51 $447.28 $0.00 $23.23 189.19-1-12

14. 1999 Nunda Livingston County 80.31 80.31 0.00 0.00 BAUMAN, Melvin G. Liv.Co. Penalties 11.95 0.00 0.00 11.95 Tax Map Number Nunda Town Tax 89.43 89.43 0.00 0.00 171-1-9.111 Keshequa Sch.Relevy171.19 0.00 0.00 171.19 Nunda Fire 1 8.34 8.34 0.00 0.00 Total $361.22 $178.08 $0.00 $183.14

15. 1999 York Livingston County 393.77 292.53 0.00 101.24 BANCROFT, Lea M. York Town Tax 247.89 184.16 0.00 63.73 Tax Map Number York Fire 1 46.39 34.46 0.00 11.93 27

69-1-12.2 Total $688.05 $511.15 $0.00 $176.90

Dated at Geneseo, New York January 27, 1999 Tax Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PUBLIC HEARING The Chairman asked if anyone wished to speak regarding the Public Hearing for the Small Cities Grant Program. No one wished to speak.

The Chairman declared the public hearings closed.

RESOLUTION NO. 99-30. AUTHORIZING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SMALL CITIES GRANT PROGRAM Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Administrator is hereby authorized as the official representative of the County to execute and submit the Small Cities application to HUD, all understandings and assurances contained therein, and is hereby directed and authorized to act in connection with the submission of the application and to provide such additional information as may be required. Dated at Geneseo, New York January 27, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS 1. The Chairman of the Board announced that he appointed David Woods, Planning Director, as an Alternate to the Genesee Transportation Council.

2. NYMIR presentations

Local Government Leadership Award (Five-Year Membership) - The County Administrator reflected on the municipal insurance crisis in the mid 1980's, the creation of NYMIR, and provided an overview of the benefits the County has gained from being a member of NYMIR. The County Administrator introduced Brian Custer, NYMIR Vice President, Director of Marketing, who presented the County with a Five-Year Participation Award to Richard J. Essler, 1998 Chairman of the Supervisors= Committee and Leopold Marks, 1999 Chairman of the Supervisors Committee. Brian Custer stated that the Town of Avon will also be given a Five-Year Membership Award. Avon Supervisor Joseph Daley commended NYMIR for their excellent work.

Municipal Risk Management Award - The County Administrator explained that the County formulated and submitted information pertaining to nine different categories to be considered for this award. The County Administrator commended Lisa Grosse, Administrative Assistant, for her outstanding efforts in developing the information package. J. Brett Carruthers of NYMIR, reviewed the criteria used to select the recipient of the award and presented the Municipal Risk Management Award to Lisa Grosse on behalf of Livingston County.

EXECUTIVE SESSION Motion made by Mr. Daley and seconded by Mr. Layland that the Board adjourn and reconvene as a Committee 28 of the Whole for the purpose of discussing information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed, and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole and County Administrator Dominic F. Mazza, and County Attorney David Morris remain present. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF THE COMMITTEE OF THE WHOLE

The Board of Supervisors having met in Executive Session for the purpose of discussing information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed, hereby reports as follows:

1. No action taken.

Dated January 27, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary

Motion made by Mr. Daley and seconded by Mr. Stewart that the Report of the Committee of the Whole be accepted. Carried.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, February 10, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:55 p.m. 28

REGULAR BOARD MEETING WEDNESDAY, FEBRUARY 10, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 1/27/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. NYSAC 1999 Annual Legislative Conference, February 28, March 1 & 2, at the Desmond Hotel, Albany, New York. 2. Acknowledgment from Assemblymen Jerry Johnson, Daniel Burling and Craig Doran regarding Res. No. 99-7 supporting legislation authorizing payment to Livingston County for the state-mandated salary increase of the Livingston County District Attorney. 3. Acknowledgment from Assemblyman Craig Doran responding that he has researched the matter regarding Res. No. 99-7 and at the present time the Governor has allotted half of the money to cover the salary increase for district attorneys in his proposed budget, and Assemblywoman Calhoun is in the process of drafting a bill to cover the other half. 4. Thank you note from the family of Richard G. Essler for the donation to the Teresa House 5. Second Revised Standing Committee Schedule

RESOLUTION NO. 99-031. APPROVING ABSTRACT OF CLAIMS #2A - FEBRUARY 10, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #2A dated February 10, 1999 in the total amount of $1,048,755.02. Dated at Geneseo, New York February 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR There was no request for Privilege of the Floor.

RESOLUTION NO. 99-032. AWARDING BID FOR BUILDING 1, FIFTH FLOOR AIR- CONDITIONING - ELECTRICAL Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for Building 1, Fifth Floor Air Conditioning - Electrical, six bids were received, then opened on January 11, 1999, now, therefore, be it RESOLVED, that the bid of Schuler-Haas Electric Corp. of 224 Mt. Hope Avenue, Rochester, New York 14620, in an amount not to exceed Thirty-Four Thousand Four Hundred Fifty Dollars ($34,450.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York 29

February 10, 1999 Buildings Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-033. AWARDING BID FOR BUILDING 1, FIFTH FLOOR AIR- CONDITIONING - MECHANICAL Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for Building 1, Fifth Floor Air Conditioning - Mechanical, four bids were received, then opened on January 11, 1999, now, therefore, be it RESOLVED, that the bid of Mida Heating & Air Conditioning of 15 Evelyn Street, Rochester, New York 14606, in an amount not to exceed Ninety Six Thousand Five Hundred Fifty Six Dollars ($96,556.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Buildings Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-034. AUTHORIZING TRANSFER OF FUNDS - EMERGENCY MANAGEMENT, PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York February 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-035. CHANGING MILEAGE RATE Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the standard mileage rate for Livingston County is hereby 314 per mile effective April 1, 1999. Dated at Geneseo, New York February 10, 1999 Finance Committee The County Administrator explained that the County received notification from the IRS to decrease the mileage rate. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-036. AUTHORIZING REAPPROPRIATION OF FUNDS - SHERIFF AND WATERSHED PROGRAM Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer be and she hereby is directed and authorized to make the following transfers:

SHERIFF 30

From: A3110.2680 Sheriff/Insurance Recoveries $17,718.27 To: A3110.4127 Sheriff/Outside Repairs $175.27 A3110.2100 Sheriff/Automotive Equip. $17,543.00

WATERSHED PROGRAM From: A4097.2680 Watershed/Insurance Recoveries $385.49

To: A4097.4127 Watershed/Outside Repairs $385.49 Dated at Geneseo, New York February 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-037. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Administrator and County Attorney:

University of Rochester - Strong Center for Developmental Disabilities 11/9/98 - 12/31/99 for Early Intervention Services Diane Leitgeb for Early Intervention Services 11/9/98 -12/31/99 Karla Sue Babcock for Early Intervention Services 1/1/99 - 12/31/99 Judith Stachowski for Early Intervention Services 5/28/98 - 12/31/99 Hearing and Speech Center of Rochester, Inc. for Early Intervention Services 5/28/98 - 12/31/99 New York State Department of Health for Family Planning Grant 4/1/99 - 3/31/00 Highland Hospital for Inpatient Care and Respite Care 12/1/98 - 11/31/99 Visiting Nurse Service (VNS) to Provide Nursing Infusion Visits 2/10/99 - 2/10/01 Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-038. REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY BOARD OF HEALTH - MCCARTHY, BASSAGE Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed to the Livingston County Board of Health for the term designated: Anne McCarthy, 584 West Lake Rd., Geneseo, New York 14454 for a six-year term commencing 1/1/99 and ending 12/31/04; Lance H. Bassage, 7192 W. Main Street, Lima, NY 14485 for a term to expire 12/31/99. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-039. AUTHORIZING THE CHAIRMAN TO SIGN CONTRACT BETWEEN 31

ELIZABETH EMBSER WATTENBERG AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR COORDINATING GENESEE VALLEY HEALTH NETWORK GRANT, COMMENCING JANUARY 1, 1999 AND TERMINATING DECEMBER 31, 1999. Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Board is hereby authorized to sign a contract between Elizabeth Embser Wattenberg and the Livingston County Department of Health for coordinating the Genesee Valley Health Network Grant, commencing January 1, 1999 and terminating December 31, 1999, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-040. AUTHORIZING THE CHAIRMAN TO SIGN A CONTRACT BETWEEN THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE STATE INDOOR RADON GRANT YEAR 9 Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between the New York State Department of Health and the Livingston County Department of Health for the State Indoor Radon Grant Year 9, commencing on October 1, 1998 and terminating on September 30, 1999, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-041. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD AND SUBCOMMITTEES - NILSSON, METZGER, DUNCOMBE, CORNELL, DEARING-CANUTI, MAROZAS, DERBY, ELLISON, CANNE, HUNTER, HERKIMER, KELLEY Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed to the Livingston County Community Services Board and Subcommittees for a term to commence 1/1/99 and expire 12/31/02: Livingston County Community Services Board Jonatha Nilsson, 6996 Harder Road, Hemlock 14466 Paul Metzger, 4952 High Street, Leicester, NY 14481 Karen Duncombe, 64 N. Main Street, Mt. Morris, NY 14510 Mental Health Subcommittee James Cornell, DSS, 3 Livingston Campus, Mt. Morris, NY 14510 Terry A. Dearing-Canuti, P.O. Box 473, Dansville, NY 14437 Developmental Disability Subcommittee Donald Marozas, 14 Summers Street, Livonia, NY 14487 Mary Derby, 64 Second Street, Geneseo, NY 14454 Chemical Dependency Subcommittee Joan Ellison, 2 Livingston Campus, Mt. Morris, NY 14510 Laura Canne, Box 31, Caledonia, NY 14423 Nadene Hunter, M.D., County Road 46, Dansville, NY 14437 Martin Herkimer, Sheriff=s Dept., Geneseo, NY 14454 32

Larry Kelley, 26 Crossett Road, Geneseo, NY 14454 Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-042. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR COMMUNITY SERVICES DEPARTMENT Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Community Services Department according to the term designated, subject to review by the County Administrator and County Attorney: Catholic Charities for Youth Mentoring 1/1/99-12/31/99 Catholic Charities for Host Home Program 1/1/99-12/31/99 Compeer of Livingston County for Adult Advocacy 1/1/99-12/31/99 The Health Association for Operation Friendship 1/1/99-12/31/99 The Health Association for Transportation 1/1/99-12/31/99 The Health Association for WorkGuide Program 1/1/99-12/31/99 Hillside Children=s Center for GLOW Children & Youth Family Support 1/1/99-12/31/99 Hillside Children=s Center for SED Teacher Training and Support 1/1/99-12/31/99 Livingston-Wyoming ARC - Hilltop Industries for SPMI Sheltered Workshop 1/1/99-12/31/99 The Mental Health Association of Rochester for Adult Outreach 1/1/99-12/31/99 Lakeview Mental Health Services for SPMI Housing 1/1/99-12/31/99 Steuben Church People Against Poverty (SCAP) for Supported Housing 1/1/99-12/31/99 SCAP for Crisis Respite 1/1/99-12/31/99 Livingston County Council on Alcoholism and Substance Abuse for Alcoholism 1/1/99-12/31/99 Treatment, Prevention and Education Livingston County Council on Alcoholism and Substance Abuse for Substance 1/1/99-12/31/99 Abuse Prevention Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-043. AUTHORIZING CONTRACTS BETWEEN THE VILLAGE OF AVON, ST. JOHN===S EPISCOPAL CHURCH, AND MASONIC TEMPLE/PHOENIX LODGE FOR LEASE OF SPACE FOR THE SENIOR NUTRITION PROGRAM Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, Livingston County desires to lease space from the Village of Avon, 74 Genesee Street, Avon, New York; the St. John=s Episcopal Church, 23 State Street, Mt. Morris, New York; and the Masonic Temple/Phoenix Lodge, 68 Elizabeth Street, Dansville, New York for the Office for the Aging Senior Nutrition Program, it is hereby RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to execute the following leases, subject to review by the County Administrator and County Attorney: Village of Avon for a term of one year commencing January 1, 1999, in the sum of $3,600 per year to be paid in monthly installments of $300.00 St. John=s Episcopal Church for a term of one year commencing January 1, 1999, in the sum of $6,000 per year to be paid in monthly installments of $500.00; and 33

Masonic Temple/Phoenix Lodge for a term of one year commencing January 1, 1999, in the sum of $6,000 per year to be paid in monthly installments of $500.00. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-044. AUTHORIZING CONTRACTS WITH ANN D. MILLER, RD FOR DIETARY CONSULTATION SERVICES FOR THE OFFICE FOR THE AGING Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the Livingston County Office for the Aging desires to contract with Ann D. Miller, R.D., for dietetic consultation and support services, it is hereby RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract with Ann D. Miller, R.D. for dietetic consultation and support services commencing 4/1/99 and terminating 3/31/00 averaging four and 1/4 (4.25) hours per week, subject to review by the County Attorney and County Administrator, and it is further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract with Ann D. Miller, R.D. for dietetic consultation and support services commencing 1/1/99 and terminating 12/31/99 averaging five and 3/4 (5.75) hours per week, subject to review by the County Attorney and County Administrator, and it is further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract with Ann D. Miller, R.D. for dietetic consultation and support services commencing 1/1/99 and terminating 12/31/99 averaging two (2) hours per week, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-045. AUTHORIZING A CONTRACT WITH GENESEE VALLEY FAMILY MEDICINE P.C. FOR ATTENDING PHYSICIAN SERVICES LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, a Request for Proposal was issued and proposals were received and reviewed by the Health Committee of the Livingston County Board of Supervisors for attending physician services, and WHEREAS, Genesee Valley Family Medicine P.C. was determined to be the most qualified to provide the required medical services to the residents of the Livingston County Health Care Facilities, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Genesee Valley Family Medicine for Attending Physician Services for a two-year term from March 1, 1999 through February 28, 2001, with the option to renew the contract for two (2) additional one-year periods, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee Mr. Kramer stated that he is concerned that this contract will cause patients to be diverted to other hospitals other than Noyes Memorial Hospital. Frank Bassett, Sr. Nursing Home Administrator, explained some of the disadvantages of the existing contract and the advantages offered by the proposed contract. F. Bassett stated that the concern of diverting patients from Noyes was considered at length when developing the proposal. F. Bassett reported that 66 patients have been admitted from the nursing homes to Noyes Memorial and it is expected that the admissions will remain the same. The contract will include language requesting a quarterly report from Noyes 34

Memorial to verify the admissions. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-046. AUTHORIZING A CONTRACT WITH ALIPIO ENCARNACION M.D. FOR MEDICAL DIRECTOR SERVICES FOR THE LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, a Request for Proposal was issued and proposals were received and reviewed by the Health Committee of the Livingston County Board of Supervisors for medical director services, and WHEREAS, Alipio Encarnacion, M.D. was determined to be the most qualified to provide the required medical director services to the Livingston County Health Care Facilities, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Alipio Encarnacion, M.D. for a two-year term from March 1, 1999 through February 28, 2001, with the option to renew the contract for two (2) additional one-year periods, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-047. AUTHORIZING CONTRACT(S) WITH NICHOLAS H. NOYES MEMORIAL HOSPITAL FOR LABORATORY SERVICES FOR THE LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, a Request for Proposal was issued and a proposal was received and reviewed by the Health Committee of the Livingston County Board of Supervisors for laboratory services for the Livingston County Health Care Facilities, and WHEREAS, Nicholas H. Noyes Memorial Hospital was determined to be the most qualified to provide the laboratory services to the Livingston County Health Care Facilities, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Nicholas H. Noyes Memorial Hospital for a two-year term from March 1, 1999 through February 28, 2001, with the option to renew the contract for two (2) additional one-year periods, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-048. AUTHORIZING CONTRACTS WITH MOBILE DIAGNOSTICS TESTING SERVICES (MDTS), INC. FOR MOBILE DIAGNOSTIC SERVICES FOR THE LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, periodic mobile diagnostic services are required by residents of the Livingston County Health Care Facilities and Mobile Diagnostics Testing Services (MDTS), Inc. is the most qualified to provide those services, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Mobile Diagnostics Testing Services (MDTS), Inc. for a one-year term from March 1, 1999 through February 28, 2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York 35

February 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-049. AUTHORIZING PURCHASE OF TIMBER BRIDGE MATERIALS FOR HIGHWAY DEPARTMENT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County Board Resolution 98-399 authorized a cooperative bidding agreement for timber bridge materials between the County of Livingston and the County of Allegany, and WHEREAS, after legal advertisement, the County of Allegany on January 27, 1999 publicly opened and read sealed bids for Prefabricated, Glulaminated, Timber Bridge Decks, and WHEREAS, the bid of Laminated Concepts Inc. of Big Flats, NY was the lowest of two (2) bids received, and said bid meets all bid specifications, now therefore be it, RESOLVED, that said bid, totaling $115,743.00 for two(2) bridge structures, be accepted, and the Superintendent of Highways be, and he hereby is, authorized to purchase said timber bridge materials for said price, upon the successful bidder signing a contract with the County of Livingston, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Highway Committee Donald Higgins, County Highway Superintendent, explained that the Board authorized to bid the bridge materials last year and this resolution is to purchase those materials for the Blank Hill Road and Poags Hole Road bridge projects. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-050. AUTHORIZING EXTENSION OF SNOW AND ICE AGREEMENT BETWEEN NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND LIVINGSTON COUNTY THROUGH THE 2000-2001 SEASON Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the County of Livingston, pursuant to Section 12 of the Highway Law, relating to control of snow & ice on State Highways in towns and incorporated villages, has heretofore entered into an Agreement with the State of New York for such purposes, and WHEREAS, Section 7 and 10 of said Agreement respectively provide a method of modification of the map of affected State highways and of annually updating the estimated expenditure, and WHEREAS, it would be in the interest of Livingston County to extend the Agreement as modified and updated, for an additional one year, through the 2000-2001 season, now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors of Livingston County is hereby authorized and directed on behalf of Livingston County to execute an Agreement affecting such extension and modification, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Highway Committee Donald Higgins, County Highway Superintendent, explained that the current contract expires June, 2000. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-051. APPROVING RENEWAL OF LEASE AGREEMENT FOR LAND ADJACENT TO THE LIVINGSTON COUNTY HIGHWAY FACILITIES, CONESUS, NEW YORK Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, a current Lease Agreement between the County of Livingston and James R. and Barbara Stewart of Conesus, N.Y., for a 1.564 acre parcel of land adjacent to the Livingston County Highway Department 36 facilities on Railroad Avenue, Conesus, New York expires on February 28,1999, and WHEREAS, said parcel of land is utilized by the Highway Department as a stockpile area for various maintenance and construction materials, and will continue to be necessary until the Department moves to new facilities at Hampton Corners, now, therefore, be it RESOLVED, that the Chairman of Livingston County Board of Supervisors is hereby authorized to execute a two-year Lease Renewal through February 28, 2001, at an annual rate of $725.00, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Highway Committee Donald Higgins, County Highway Superintendent, stated that the current annual rate for this lease is $725.00. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-052. AUTHORIZING THE CHAIRMAN OF THE BOARD TO SIGN AN AGREEMENT BETWEEN THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES FOR INTENSIVE SUPERVISION PROGRAM Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, funding from New York State Division of Probation and Correctional Alternatives has been made available to the Livingston County Probation Department for an Intensive Supervision Program in an amount not to exceed $14,500 annually, and WHEREAS, these funds are 100% reimbursable for approved expenditures, it is hereby RESOLVED, that the Chairman of the Board is hereby authorized to sign said agreement with the New York State Division of Probation and Correctional Alternatives for Intensive Supervision Program for the period January 1, 1999 to December 31, 1999, for an amount not to exceed Fourteen Thousand Five Hundred Dollars ($14,500), subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Judicial Committee Barbara Campbell, Probation Director, explained Res. Nos. 99-52 and 99-53. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-053. AUTHORIZING THE LIVINGSTON COUNTY ALTERNATIVES TO INCARCERATION ADVISORY BOARD TO SUBMIT AN APPROVED 1999 ATI SERVICE PLAN UPDATE PROPOSING THE CONTINUATION OF STATE FUNDING FOR THE SHERIFF===S WORK RELEASE PROGRAM Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the Livingston County ATI Advisory Board has reviewed and approved the 1999 Service Plan Update for submission to the New York State Division of Probation and Correctional Alternatives recommending continued State funding for the Sheriff=s Work Release Program, and WHEREAS, this ATI Service Plan will be used to prepare a new contract between Livingston County and the New York State Division of Probation and Correctional Alternatives for the period January 1, 1999 through December 31, 1999, providing for 50% reimbursement of approved expenditures up to $21,600 for the Sheriff=s Work Release Program, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the 1999 Service Plan Update for submission to the New York State Division of Probation and Correctional Alternatives, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Judicial Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 37

RESOLUTION NO. 99-054. AWARDING BID FOR WEATHERIZATION MATERIALS - HOME WEATHERIZATION ASSISTANCE PROGRAM Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, after due advertisement, bids were opened on January 20, 1999 by the Office of the Livingston County Administrator for the purchase of weatherization materials used by the Livingston County Home Weatherization Assistance Program, and the following bidders were the low acceptable bids, for various materials, which are on file at the Office of the Livingston County Administrator:

Ace General Hardware 21 Chapel Street Mt. Morris, NY 14510

Distributors Unlimited R.D. 2, Box 236A Newport, PA 17074

Harris Supply Co., Inc. 36 Central Place Wellsville, NY 14895

Kasson & Keller, Inc. School Lane Fonda, NY 12068

Nunda Lumber & Hardware P.O. Box 730 Nunda, NY 14517

Power Survey 2 Cooper Avenue Rensselaer, NY 12144

NOW, THEREFORE, BE IT RESOLVED, that the Livingston County Weatherization Department is hereby authorized to purchase weatherization materials from the bidders hereinbefore set forth during the terms of their bid, beginning February 1, 1999 and ending January 31, 2000, and it is further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign said contracts, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-055. AUTHORIZING CONTRACT WITH CENTER FOR GOVERNMENTAL RESEARCH, INC. Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the eight-year review of the Agricultural District Program requires the preparation of Agricultural District maps; and WHEREAS, the E-911 system requires up-to-date base maps of Livingston County; now therefore be it 38

RESOLVED, that the Chairman be, and he hereby is, authorized to sign a contract with the Center for Governmental Research, Inc. for the preparation of the Agricultural District maps and TIGER maps at a cost not to exceed Twelve Thousand Dollars ($12,000.00), after review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-056. REAPPOINTING MEMBER TO LIVINGSTON COUNTY PLANNING BOARD - KANE Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby reappointed to the Livingston County Planning Board for a term commencing January 1, 1999, and expiring December 31, 2001: Village of Dansville - Michael Kane, Mayor, 14 Clara Barton Street, Dansville, NY 14437 Dated at Geneseo, New York February 10, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-057. AUTHORIZING A CONTRACT WITH ONEIDA COUNTY FOR THE HOUSING OF PRISONERS AT THE CENTRAL NEW YORK PSYCHIATRIC CENTER Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the County of Livingston and the County of Oneida desire to enter into a cooperative agreement pursuant to General Municipal Law, section 119-o for the housing, from time to time, of Livingston County prisoners in the Central New York Psychiatric Center Forensic Unit, and WHEREAS, the two counties have negotiated such an agreement, a copy of which is available in the Office of the Clerk of the Board, it is hereby RESOLVED, that the 1999 Agreement between the County of Livingston and the County of Oneida, is hereby approved and the Chairman of the Board of Supervisors is hereby authorized to execute said agreement on behalf of the County of Livingston, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-058. AWARDING BIDS FOR THE PURCHASE OF FIVE MARKED VEHICLES AND ONE UNMARKED VEHICLE FOR THE LIVINGSTON COUNTY SHERIFF===S DEPARTMENT Mr. Daley presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the purchase of five (5) marked vehicles and one (1) unmarked vehicle and trade of six; five to DeLacy Ford and one to Livonia Fire District, for the Livingston County Sheriff's Department, bids were received and opened on January 18, 1999, now, therefore, be it RESOLVED, that the bid of DeLacy Ford Inc., 3061 Transit Road, Elma, New York 14059 for five (5) marked and one (1) unmarked 1999 Ford Crown Victoria vehicles in an amount not to exceed One Hundred Seven Thousand Seven Hundred Ninety Dollars ($107,790.00) which includes trade-in allowances of six vehicles, be and hereby is accepted as the lowest responsible bid. Dated at Geneseo, New York February 10, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 39

RESOLUTION NO. 99-059. AUTHORIZING THE CHAIRMAN TO SIGN A CONTRACT WITH MSE ENVIRONMENTAL, INC. FOR THE GLOW REGION FARM PESTICIDES COLLECTION EVENT Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors accepted grant funding by Resolution 98-408 from the USEPA for a GLOW Region Farm Pesticide Collection event, and WHEREAS, the GLOW Region Solid Waste Management issued a Request for Proposals and after review of all proposals, recommended MSE Environmental, Inc. be selected as the contractor, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors selects MSE Environmental, Inc. as the contractor for the GLOW Region Farm Pesticide Project, and, be it further RESOLVED, that the Livingston County Board of Supervisors authorizes and directs the Chairman of the Board to sign a contract with MSE Environmental, Inc., subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 10, 1999 Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

Cathy Muscarella discussed the County Water District #1 Rules & Regulations (on file) and reported that there may be a resolution presented at the next board meeting to adopt the regulations.

RESOLUTION NO. 99-060. AMENDING THE 1999 SALARY SCHEDULE - CAMPUS SKILLED NURSING FACILITY AND MENTAL HEALTH Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: CAMPUS SKILLED NURSING FACILITY Create two (2) Nursing Assistant positions. MENTAL HEALTH Create one (1) Mental Health Clinical Therapist position. Dated at Geneseo, New York February 10, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-061. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - DISTRICT ATTORNEY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: DISTRICT ATTORNEY Increase the salary of District Attorney Thomas Moran to $119, 800 effective January 1, 1999. Dated at Geneseo, New York February 10, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-062. ESTABLISHING LEAVE BENEFITS FOR PART-TIME CERTIFIED NURSING ASSISTANTS (CNA===s)- SKILLED NURSING FACILITIES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Part-Time Certified Nursing Assistants working in the County=s Skilled Nursing Facilities shall be provided with paid time off consistent with the attached proposal, with the first accruals being provided to 40 employees on April 1, 1999 based upon service between January 1, 1999 - March 31, 1999. Should a Part-Time Certified Nursing Assistant having paid time-off, become a full-time Certified Nursing Assistant, the paid time off will be converted to vacation time. Dated at Geneseo, New York February 10, 1999 Salary & Negotiating Committee Frank Bassett, Sr. Nursing Home Administrator, explained that establishing leave benefits for part-time certified Nursing Assistants will hopefully retain those workers by providing them paid time off. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-063. AUTHORIZING THE CHAIRMAN TO SIGN A CONTRACT WITH HILLSIDE CHILDREN===S CENTER FOR THE COMMUNITY SERVICES PROGRAM FOR YOUTH Mrs. Avery presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute an agreement between the County of Livingston and Hillside Children=s Center for the Community Services Program for Youth, commencing December 28, 1998 through June 28, 2000, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Social Services Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-064. AUTHORIZING A CONTRACT WITH RMSCO, INC. TO ADMINISTER THE SELF-INSURED WORKERS=== COMPENSATION PROGRAM Mr. Marks presented the following resolution and moved its adoption: WHEREAS, Res. No. 90-38 approved an original three-year contract with RMSCO, Inc. of Rochester, New York, to administer the Self-Insured Workers= Compensation Fund, and WHEREAS, the existing contract between the County of Livingston and RMSCO, Inc. expires February 15, 1999, it is hereby RESOLVED, that the Chairman of the Board is hereby authorized to sign a three-year contract not to exceed $53,000 annually between the County of Livingston and RMSCO, Inc. of Rochester, New York, to administer the Self-Insured Workers= Compensation Fund, commencing February 15, 1999 and to expire February 15, 2002, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 10, 1999 Supervisors Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-065. CORRECTING TAX ROLL - VARIOUS TOWNS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to eight (8) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of Livonia, and York on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll 41 corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Livonia Livingston County 669.65 669.65 0.00 0.00 KARPINSKI, Harry & Maryanne Livonia Town Tax 422.84 422.84 0.00 0.00 Tax Map Number Livonia Fire 3 99.02 99.02 0.00 0.00 66-1-9 Co. Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1238.51 $1191.51 $47.00 $47.00

2. 1999 Livonia Livingston County 465.44 465.44 0.00 0.00 FARRON, Alfred & Jane Livonia Town Tax 293.89 293.89 0.00 0.00 Tax Map Number Livonia Fire 3 68.83 68.83 0.00 0.00 66-1-18 Co. Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $875.16 $828.16 $47.00 $47.00

3. 1999 Livonia Livingston County 720.71 720.71 0.00 0.00 MARLOWE, Clarence & Rosemary Livonia Town Tax 455.07 455.07 0.00 0.00 Tax Map Number Livonia Fire 3 131.08 131.08 0.00 0.00 66-1-22 Co. Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1353.86 $1306.81 $47.00 $47.00

4. 1999 Livonia Livingston County 660.37 660.37 0.00 0.00 PIAMPIANO, Donald & Maria Livonia Town Tax 416.98 416.98 0.00 0.00 Tax Map Number Livonia Fire 3 97.65 97.65 0.00 0.00 66-1-47.17 Co. Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1222.00 $1175.00 $47.00 $47.00

5. 1999 Livonia Livingston County 567.55 567.55 0.00 0.00 PUSATERI, James & Nancy Livonia Town Tax 358.36 358.36 0.00 0.00 Tax Map Number Livonia Fire 3 83.93 83.93 0.00 0.00 66-1-47.18 Co. Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1056.84 $1009.84 $47.00 $47.00

6. 1999 Livonia Livingston County 195.72 195.72 0.00 0.00 NEIDERMAIER, Estate of Matt Livonia Town Tax 92.69 92.69 0.00 0.00 Tax Map Number Livonia Fire 3 36.18 36.18 0.00 0.00 93.13-1-23 Livonia Water 4 140.22 140.22 0.00 0.00 Co. Water #1-Zone 4 47.00 47.00 0.00 0.00 Unpd.So.Liv.Water 114.40 0.00 114.40 114.40 Total $626.21 $511.81 $114.40 $114.40

7. 1999 Livonia Livingston County 0.00 0.00 0.00 0.00 CITY OF ROCHESTER Livonia Town Tax 0.00 0.00 0.00 0.00 Tax Map Number Livonia Fire 1 0.00 0.00 0.00 0.00 94-1-1 Livonia Water 1 0.00 0.00 0.00 0.00 Co. Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $47.00 $0.00 $0.00 $47.00

8. 1999 York Livingston County 326.55 326.55 0.00 0.00 SWEARINGEN, Samuel & Cherie York Town Tax 205.57 205.57 0.00 0.00 Tax Map Number York Fire 1 76.41 76.41 0.00 0.00 70-1-22.114 York Light 1 19.56 19.56 0.00 0.00 York Water 1 203.34 0.00 203.34 203.34 Total $831.43 $628.09 $203.34 $203.34 Dated at Geneseo, New York February 10, 1999 Tax Committee 42

The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS 1. Mr. Daley, Chairman of the Public Safety Committee, provided status reports on the following: 1) Training Tower - The County has been in contact with the insurance company, and it appears that the training tower will be operational by April 1999. 2) Jail Population - A preliminary study on the present and future needs of the Livingston County Jail and the future of Crime and how it will impact the County Jail was submitted to the Judicial Committee by the District Attorney. The Committee has asked the Sheriff to provide comments related to the studies and to report back to the committee by May, 1999.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Stewart to adjourn until Wednesday, February 24, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:41 p.m. 43

REGULAR BOARD MEETING WEDNESDAY, FEBRUARY 24, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Mr. Derrenbacher.

The Pledge of Allegiance.

MINUTES Minutes of 2/10/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Petition for Establishment of County Water District #2. 2. Notice of Claim in the matter of Willie Perez versus the State of New York, County of Livingston, Sonyea, New York. 3. Acknowledgment from the Teresa House for the donation in memory of Richard G. Essler. 4. The NYS Division of Municipal Affairs and NYS Office for Technology are sponsoring a statewide teleconference entitled ΑFinal Countdown to the Year 2000" to be held at the Livingston Cornell Cooperative Extension conference room on Thursday, March 18, 1999 from 6:15 p.m. - 8:45 p.m. A registration form has been placed on each Supervisor=s desk. 5. Acknowledgment from Senator Patricia K. McGee regarding a funding request for the Dansville Castle Project. 6. Notification from Livingston County Industrial Development Agency regarding a Notice of Public Hearing for the Metalade, Inc. And ECO Rochester Realty, LLC- Proposed Bond Issue. 7. Judgment Order in the matter of RAGE vs. County of Livingston. 8. Rules & Regulations for County Water District #1.

Mr. Essler, Chairman of Public Works Committee, announced that the Rules and Regulations for County Water District #1 have been finalized by the County Attorney and are on the desks for review. A resolution will be prepared for the 3/10/99 board meeting.

RESOLUTION NO. 99-066. APPROVING ABSTRACT OF CLAIMS #2B - FEBRUARY 24, 1999 Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #2B dated February 24, 1999 in the total amount of $1,069,299.89. Dated at Geneseo, New York February 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

PRIVILEGE OF THE FLOOR Patrick Rountree, Director of Economic Development announced that the Dansville Industrial Park and Avon Crossroads Industrial Park were awarded participation in New York=s innovative $1.8 million Build Now-NY Initiative. P. Rountree provided a historical overview of the application and the significance of the funding. The Mt. Morris Industrial Park was not included in the application because of the unresolved environmental issues unresolved at the time of application but will be considered in the near future. P. Rountree stated that the participation in the Build-Now Program will provide the opportunity for these 44

industrial parks to be marketed as premier sites. P. Rountree thanked the Board for their long-term commitment to invest in infrastructure within the County, the Livingston County Industrial Development Agency for acting as lead agency and Aaron Gagne for the development of the application.

RESOLUTION NO. 99-067. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, PUBLIC HEALTH, RECORDS MANAGEMENT, RISK RETENTION, SHERIFF, YOUTH BUREAU Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York February 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-068. DECLARING SURPLUS PROPERTY - COUNTY CLERK Mr. Marks presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such item of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item surplus property to be disposed of as determined by the County Administrator: COUNTY CLERK Masterline Cabinet, Livingston County Property #70, hanging map file. Dated at Geneseo, New York February 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-069. AUTHORIZING A CONTRACT WITH E & M ENGINEERS & SURVEYORS, PC FOR BRIDGE DESIGN AND ENGINEERING SERVICES Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the Livingston County Highway Superintendent has determined that there would be a significant long-term cost savings in adopting a ΑGeneric Bridge Design Package of Plans≅, similar to that used in Allegany County, and WHEREAS, the same engineering firm which prepared Allegany County=s design package can provide a similar package for Livingston County at a much lower cost than other firms, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors authorizes the Chairman of the Board to sign a contract with E & M Engineers & Surveyors, PC of 24 Derrick Road Bradford, PA, 16701-3350, for preparation of a ΑGeneric Bridge Design Package of Plans≅ as outlined in a proposal dated 02/12/99, in an amount not to exceed $14,600.00, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York February 24, 1999 Highway Committee Donald Higgins, County Highway Superintendent, stated that Allegany County has used this same firm to prepare generic bridge design plans and reviewed the cost of $40,000 for engineering three bridges within the County. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted. RESOLUTION NO. 99-070. AUTHORIZING THE FORMATION OF A WORKFORCE INVESTMENT 45

AREA UNDER THE WORKFORCE INVESTMENT ACT Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the Workforce Investment Act of 1998, which will replace the Job Training Partnership Act on July 1, 2000, requires that there be established a ΑWorkforce Investment Area≅ in which employment and training programs will be administered; and WHEREAS, under this legislation, local units of government having a population of 200,000 or more that were a Service Delivery Area under the Job Training Partnership Act may be designated a Workforce Investment Area; and WHEREAS, the Counties of Genesee, Livingston, Orleans, and Wyoming have an aggregate 1990 population of 206,785; and WHEREAS, the Counties of Genesee, Livingston, Orleans, and Wyoming are currently and have been a four-county Service Delivery Area under the Job Training Partnership Act since 1983; now, therefore, be it RESOLVED, that this Board of Supervisors hereby endorse and support the petitioning of the Governor of the State of New York to designate the counties of Genesee, Livingston, Orleans, Wyoming as a Workforce Investment Area under the Workforce Investment Act of 1998; and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized and directed to participate in such discussions, planning, and development of programs that may be required to form the Workforce Investment Area, establish a Workforce Investment Board, and related activities; and be it further RESOLVED, that this authorization is contingent upon similar formal endorsement of the three remaining Counties, final federal rules and regulations and further that this authorization does not commit this Board to the expenditure of any County funds; and be it further RESOLVED, that certified copies of this resolution be sent by the Clerk of the Board to Genesee, Orleans and Wyoming Counties, GLOW Private Industry Council, New York State Department of Labor, Governor George E. Pataki, New York State Senators Dale M. Volker, and Patricia McGee; New York State Assembly Members Gerald E. Johnson, Craig Doran, and Daniel Burling. Dated at Geneseo, New York February 24, 1999 Legislative Committee Keith Mitchell, Employment & Training/Youth Bureau Coordinator, provided an overview of the Workforce Investment Act. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-071. AMENDING THE 1999 SALARY SCHEDULE - SOCIAL SERVICES AND PUBLIC HEALTH Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: SOCIAL SERVICES Create one (1) Caseworker/Caseworker Trainee position Create one (1) Senior Caseworker position PUBLIC HEALTH Convert two (2) job sharing Registered Professional Nurse/Public Health Nurse positions to two half-time Registered Professional Nurse/Public Health Nurse positions Dated at Geneseo, New York February 24, 1999 Salary & Negotiating Committee Joan Ellison, Public Health Director, reported that the foregoing amendment to the salary schedule is in conjunction with the reorganization of the Public Health Department. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted. 46

RESOLUTION NO. 99-072. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - PUBLIC HEALTH Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: PUBLIC HEALTH Appoint Erik A. Henderson of 4623 Shelly Road, Livonia, New York 14487 to the position of Financial Supervisor effective February 25, 1999 at an annual salary of $28,000. Dated at Geneseo, New York February 24, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-073. CORRECTING TAX ROLL - VARIOUS TOWNS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to thirteen (13) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of Conesus and Livonia on the tax roll for the years hereinafter set forth, and

WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Conesus Livingston County 705.43 673.25 32.18 32.18 DAY, Todd & Carol H. Conesus Town Tax 622.96 594.54 28.42 28.42 Tax Map Number Conesus Fire 1 83.24 79.44 3.80 3.80 101-1-5.314 Total $1411.63 $1347.23 $64.40 $64.40

2. 1999 Conesus Livingston County 1244.55 1233.61 10.94 10.94 MULVANEY, Daniel & Shirley Conesus Town Tax 1099.05 1089.39 9.66 9.66 Tax Map Number Conesus Fire 1 223.36 223.36 0.00 0.00 101-1-99.2 Total $2566.96 $2546.36 $20.60 $20.60

3. 1999 Conesus Livingston County 894.66 838.02 56.64 56.64 YARNES, Gail R. & Carolyn Conesus Town Tax 790.06 740.05 50.01 50.01 Tax Map Number Conesus Fire 1 105.57 98.88 6.69 6.69 110.39-1-35 Co.Water #1-Zone 1 479.00 479.00 0.00 0.00 Total $2269.29 $2155.95 $113.34 $113.34

4. 1999 Conesus Livingston County 412.57 316.03 96.54 96.54 PRESLER, Kenneth, Milton, Harold Conesus Town Tax 364.34 279.08 85.26 85.26 Tax Map Number Conesus Fire 1 48.68 37.29 11.39 11.39 129-1-23.11 Total $825.59 $632.40 $193.19 $193.19

5. 1999 Livonia Livingston County 1417.55 1417.55 0.00 0.00 47

WALLACE, Allan L. & Teresa A. Livonia Town Tax 895.07 895.07 0.00 0.00 Tax Map Number Livonia Fire 3 209.62 209.62 0.00 0.00 66-1-5.1 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $2569.24 $2522.24 $47.00 $47.00

6. 1999 Livonia Livingston County 712.75 712.75 0.00 0.00 WARD, Roger & Marilyn Livonia Town Tax 450.05 450.05 0.00 0.00 Tax Map Number Livonia Fire 3 120.10 120.10 0.00 0.00 66-1-7 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1329.90 $1282.90 $47.00 $47.00

7. 1999 Livonia Livingston County 454.50 454.50 0.00 0.00 MORRELL, Timothy & Masami Livonia Town Tax 286.98 286.98 0.00 0.00 Tax Map Number Livonia Fire 3 89.61 89.61 0.00 0.00 66-1-10.3 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $878.09 $831.09 $47.00 $47.00

8. 1999 Livonia Livingston County 916.30 916.30 0.00 0.00 WILSON, James & Susan Livonia Town Tax 578.57 578.57 0.00 0.00 Tax Map Number Livonia Fire 3 135.50 135.50 0.00 0.00 66-1-15.1 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1677.37 $1630.37 $47.00 $47.00

9. 1999 Livonia Livingston County 444.89 444.89 0.00 0.00 MALONEY, Patricia L. Livonia Town Tax 280.91 280.91 0.00 0.00 Tax Map Number Livonia Fire 3 65.79 65.79 0.00 0.00 66-1-21 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $838.59 $791.59 $47.00 $47.00

10. 1999 Livonia Livingston County 427.65 427.65 0.00 0.00 SHAFFER, Thomas & Leah Livonia Town Tax 270.03 270.03 0.00 0.00 Tax Map Number Livonia Fire 3 84.32 84.32 0.00 0.00 66-1-47.21 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $829.00 $782.00 $47.00 $47.00

11. 1999 Livonia Livingston County 928.23 928.23 0.00 0.00 STANLEY, Keith Livonia Town Tax 586.11 586.11 0.00 0.00 MCKENDRICK, Keri Livonia Fire 3 143.15 143.15 0.00 0.00 Tax Map Number Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 66-1-47.29 Total $1704.49 $1657.49 $47.00 $47.00

12. 1999 Livonia Livingston County 647.11 647.11 0.00 0.00 ROGERS, Janice S. Livonia Town Tax 408.60 408.60 0.00 0.00 Tax Map Number Livonia Fire 3 95.69 95.69 0.00 0.00 66-1-47.31 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1198.40 $1151.40 $47.00 $47.00

13. 1999 Livonia Livingston County 825.47 825.47 0.00 0.00 WILLIAMS, John & Shea Livonia Town Tax 521.22 521.22 0.00 0.00 Tax Map Number Livonia Fire 3 122.06 122.06 0.00 0.00 84-1-34.11 Livonia Water 4 23.65 23.65 0.00 0.00 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1539.40 $1492.40 $47.00 $47.00 Dated at Geneseo, New York February 24, 1999 Tax Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted. 48

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Daley to adjourn until Wednesday, March 10, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:04 p.m. 49

REGULAR BOARD MEETING WEDNESDAY, MARCH 10, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 2/24/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Notification from Assemblyman Jerry Johnson regarding the Proposed CHIPS and Revenue Sharing Allocations and STAR deadline extension endorsement. 2. Letter from State of New York Department of Agriculture and Markets certifying that the County has complied with the procedural requirement of the statute and Agricultural District No. 1 is eligible for redistricting. 3. Letter from Senator Patricia K. McGee acknowledging receipt of Res. No. 99-7 Supporting Legislation Authorizing Payment to Livingston County for the State-Mandated Salary Increase of the Livingston County District Attorney. 4. Letter from James T. Dillon, Executive Deputy Commissioner of the State of New York Department of Labor, regarding issues relating to the Workforce Investment Act of 1998. 5. Acknowledgment from Assemblymen Jerry Johnson and Craig Doran for receipt of Res. No. 99-70 Authorizing the Formation of a Workforce Investment Area 6. Intercounty Association of Western New York meeting notice, Ontario County Host, Thursday, March 18, 1999 at 9:30 a.m. at Mickeys Finn=s, Victor, New York PROGRAM: Synopsis on Drug Court--presented by Stephen D. Aronson Ontario County Home Health Care--New Direction, presented by Board Vice Chairman Donald L. Leysath and Deputy County Administrator Geoffrey C. Astles.

RESOLUTION NO. 99-074. APPROVING ABSTRACT OF CLAIMS #3A - MARCH 10, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #3A dated March 10, 1999 in the total amount of $1,150,042.60. Dated at Geneseo, New York March 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR Gloria Brand, Director of Employment & Training/Youth Bureau introduced Keith Mitchell, Emp. & Training/Youth Bureau Coordinator who presented an overview of the Integrated County Planning Project (The America=s Promise Search Institute Survey). K. Mitchell explained that surveys have been sent to all nine schools districts and grades 7-10 will complete the survey. The purpose of survey is to assess the 40 developmental assets as outlined in the brochure distributed (on file). K. Mitchell stated that the surveys should be returned to the Institute by the end of the month and Livingston County results should be available within 8-10 weeks. The objective of the survey is to identify the Αdevelopmental assets≅ among Livingston 50

County youth and provide this information to the professionals to determine where improvements can be made to help our young people make wise decisions, choose positive paths, and grow up competent, caring and responsible.

RESOLUTION NO. 99-075. APPOINTING MEMBER TO THE BOARD OF THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY - PUFFER Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the following individual be appointed to the board of the Livingston County Water and Sewer Authority for the term designated:

MEMBER TERM EXPIRES Vance K. Puffer 12/31/01 3601 Avon Caledonia Road Caledonia, NY 14423 Dated at Geneseo, New York March 10, 1999 Public Works Committee Mr. Essler reviewed the credentials of Vance K. Puffer and introduced him to the Board of Supervisors. Vance K. Puffer briefly reviewed his qualifications and why he would be an asset The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-076. CONFIRMING RULES AND REGULATIONS FOR COUNTY WATER DISTRICT NO. 1 Mr. Essler presented the following resolution and moved its adoption: WHEREAS, on February 2, 1999, the Public Works and Transportation Committee established Rules and Regulations to determine annual property assessments for County Water District No. 1, now therefore be it RESOLVED, that the Livingston County Board of Supervisors confirms the Rules and Regulations for County Water District No. 1 established by the Public Works and Transportation Committee. Dated at Geneseo, New York March 10, 1999 Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-077. APPOINTING HEARING BOARD MEMBER FOR THE ADMINISTRATION OF THE LIVINGSTON COUNTY SOURCE SEPARATION LAW - COYNE Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors adopted a Local Source Separation and Recycling Law on July 22, 1992, and WHEREAS, a Hearing Board is required to conduct hearings for arbitration of differences between the County and permittees on matters concerning interpretation and execution of the provisions of the Local Law, now therefore be it RESOLVED, that the following person be appointed to the Hearing Board for the term commencing January 1, 1999 through December 31, 2001: Ellen Coyne 5117 Littleville Road Avon, NY 14414 Dated at Geneseo, New York March 10, 1999 Public Works Committee 51

Cathy Muscarella, Public Works Director, explained the purpose of the Source Separation Hearing Board. Mr. Daley commented that Ellen Coyne is very skilled as a practicing attorney, and Town Justice and recommended Ellen Coyne be appointed to the Hearing Board. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-078. AWARDING BID FOR THE PURCHASE OF ONE (1) PICK UP TRUCK FOR THE CENTRAL SERVICES DEPARTMENT Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the purchase of one (1) pick up truck and a trade of a 1986 GMC truck, for the Central Services Department, three (3) bids were received and opened on February 16, 1999, now, therefore, be it RESOLVED, that the bid of DeLacy Ford Inc., 3061 Transit Road, Elma, New York 14059 for one (1) 1999 Ford F150 pick up truck in an amount not to exceed Thirteen Thousand One Hundred Seventy Six Dollars ($13,176.00) which includes trade-in allowance of one vehicle, be and hereby is accepted as the lowest responsible bid. Dated at Geneseo, New York March 10, 1999 Buildings Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-079. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, OFFICE FOR THE AGING, PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York March 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-080. AUTHORIZING 1999 APPROPRIATION TO COOPERATIVE EXTENSION ASSOCIATION FOR LIVINGSTON COUNTY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the sum of $289,500.00 is hereby appropriated to the Cooperative Extension Association of Livingston County for the fiscal year beginning January 1, 1999, and ending December 31, 1999, to be expended in accordance with budgets submitted to the Board of Supervisors, and be it further RESOLVED, that the County Treasurer is hereby authorized and directed to pay the sum not to exceed $289,500.00 in twelve monthly installments in advance of the first day of each month beginning January 1, 1999, to the duly elected and properly bonded Treasurer of the Cooperative Extension Association of Livingston County, and be it further RESOLVED, that the Chairman of the Board of Supervisors of Livingston County is hereby authorized to sign and execute such Memorandum of Agreement as may be duly approved by Cornell University as agent for the State, outlining the above conditions and methods of payment and directing the above Association to expend the funds only for the purpose set forth in said budget of said Association referred to herein and requiring an annual report at the end of the year containing therein a true and accurate account of all receipts and expenditures of said County Association for the fiscal year, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York March 10, 1999 52

Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. RESOLUTION NO. 99-081. DECLARING SURPLUS PROPERTY - COMMUNITY SERVICES, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby

RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: COMMUNITY SERVICES Epson LQ1050 #0TG1034668 Wang PC 250/16 A0776W Wang DT1 W019156 Wang 06500 Wang 8519KK Wang ZR0232 Wang 06295 Wang 8501KK SHERIFF 1975 International Bucket Truck, Vin # D0522EHA47289 Dated at Geneseo, New York March 10, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-082. SUPPORTING THE AMENDMENT OF THE MEDICARE DEFINITION OF LIVINGSTON COUNTY FROM MSA TO RURAL TO ALLOW FOR MEDICARE COVERAGE FOR PARAMEDIC INTERCEPT SERVICES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors supports the County Volunteer Ambulance Services, and WHEREAS, the Board upholds quality prehospital care in the most cost effective manner for the injured or ill, and WHEREAS, Livingston County=s designation as Metropolitan Statistical Area prevents payment for advanced life support medical care provided by a non-transporting ambulance service to patients being transported by a basic life support ambulance service under medical regulations, now therefore, be it RESOLVED, that the Livingston County Board of Supervisors supports amending the Medicare definition of Livingston County, for the purpose of this legislation only, in the same way it is defined under section 1869 (d) (2) (D) in regulation at Section 412.62 (f): A rural area outside of a Metropolitan Statistical Area (MSA) to allow for coverage under Part B of the medical program for paramedic intercept services delivered in support of public, volunteer, or non-profit providers of ambulance services, and be it further RESOLVED, that certified copies of this resolution be sent to Governor George E. Pataki; Senator Charles Schumer; Senator Daniel Patrick Moynihan; Congressman Thomas Reynolds; Robert Niemann of the Health Care Financing Administration; Walter Greg, Acting Director of NYS Department of Health--Office of Rural Health; and Edward Ronski, Director of Bureau of EMS. Dated at Geneseo, New York 53

March 10, 1999 Health Committee Kaaren Smith, Director for the Office for the Aging, explained the purpose of this resolution and asked the Board for their support. K. Smith explained the background of how Livingston County was classified as a Metropolitan Statistical Area. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-083. AUTHORIZING A CONTRACT WITH THE DEPARTMENT OF VETERANS AFFAIRS FOR THE PROVISION OF LONG TERM HEALTH CARE PROGRAM SERVICES TO BENEFICIARIES OF THE DEPARTMENT OF VETERANS AFFAIRS FOR THE LIVINGSTON COUNTY CAMPUS SKILLED NURSING FACILITY Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with the Department of Veterans Affairs for the provision of Long Term Health Care Program Services to beneficiaries of the Department of Veterans Affairs for Livingston County Campus Skilled Nursing Facility, commencing April 1, 1999 and terminating on March 31, 2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-084. AWARDING BID AND AUTHORIZING A CONTRACT WITH SIEMENS BUILDING TECHNOLOGIES, INC. FOR HEALTH CARE FACILITIES FIRE SYSTEMS MAINTENANCE AND INSPECTION SERVICES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for Health Care Facilities Fire Systems Maintenance and Inspection Services, one bid was received, then opened on February 19, 1999, now, therefore, be it RESOLVED, that the bid of Siemens Building Technologies, Inc. of 220 Brighton-Henrietta Townline Road, Rochester, NY 14623, be awarded according to prices on file in the Office of the County Administrator. This award shall be effective April 1, 1999 and terminate March 31, 2001 and may be renewed at the County=s sole option for two (2) additional one-year periods, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-085. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - Home & Health Care Services, Inc. for the Hospice Program, Tammy Westfall-Cox for Speech and Language Pathology Services for Early Intervention Program, Legal Assistance of the Finger Lakes for Evaluation for Representation and Referral Services, Dr. Teresita Gungon for Medical Consultant Services Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Administrator and County Attorney: 54

Home & Health Care Services, Inc. for Hospice Program 2/1/99 - 1/31/01 Tammy Westfall-Cox for Speech and Language Pathology Services 2/1/99 - 1/31/00 for Early Intervention program Legal Assistance of the Finger Lakes for Evaluation for Representation 1/1/99 - 12/31/99 and Referral Services Dr. Teresita Gungon for Medical Consultant Services 1/1/99 - 12/31/99 Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-086. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT RENEWAL BETWEEN THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE GENESEE VALLEY HEALTH NETWORK Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract renewal between the New York State Department of Health and the Livingston County Department of Health for the Genesee Valley Health Network, commencing on 7/1/98 and terminating on 6/30/99, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-087. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A RENEWAL CONTRACT BETWEEN NEW YORK STATE AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR EARLY INTERVENTION (EI), INFANT-CHILD HEALTH ASSESSMENT (I-CHAP), AND CHILDREN WITH SPECIAL HEALTH CARE NEEDS (CHSCN) FUNDING. Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a renewal contract between New York State and the Livingston County Department of Health for EI, I-CHAP and CHSCN funding, commencing on 10/1/98 and terminating on 9/30/99, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-088. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN MONROE COUNTY AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR MEDICAL EXAMINER SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between Monroe County and the Livingston County Department of Health for medical examiner services, commencing on 1/1/99 and terminating on 12/31/99, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York 55

March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-089. AWARDING BID FOR MEDICAL SUPPLIES FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH TO BUFFALO HOSPITAL SUPPLY Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after due advertisement, bids were opened on February 8, 1999 by the Office of the Livingston County Administrator for the purchase of medical supplies for use by the Livingston County Public Health Department, it is hereby RESOLVED, that the Livingston County Public Health Department is hereby authorized to purchase medical supplies from Buffalo Hospital Supply Company, Inc., of 130 Pineview Drive, Amherst, NY 14228. The original bids are on file in the Office of the County Administrator. This award shall be effective March 1, 1999 through February 28, 2000, with the option to renew for one (1) additional twelve (12) month period, and, it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute said contract, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-090. PROCLAIMING WEEK OF APRIL 5-10, 1999 AS PUBLIC HEALTH WEEK Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, we as Americans, enjoy better health, live in healthier conditions, know more about how to take care of our health and live longer than any time in the past; and WHEREAS, public health at the local, state and national levels use systematic, population-based approaches to: Prevent epidemics and the spread of disease Protect against environmental hazards Prevent injuries Promote and encourage healthy behaviors Respond to disasters and assist communities in recovery Assure the quality and accessibility of health services; and WHEREAS, the Livingston County Health Department has made great progress in eliminating measles, reducing exposure to lead, promoting seat belts and bike helmets, reducing smoking, promoting healthier life styles and promoting quality care through its home care agency, hospice and clinics, now therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaims April 5-10, 1999 as Public Health Week. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-091. AWARDING BID FOR TRUCK FOR LIVINGSTON COUNTY DOG CONTROL Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the purchase of one (1) pick up truck and a trade of a 1994 Ford truck, for Livingston County Dog Control, three (3) bids were received and opened on February 16, 56

1999, now, therefore, be it RESOLVED, that the bid of DeLacy Ford Inc., 3061 Transit Road, Elma, New York 14059 for one (1) 1999 Ford Ranger truck in an amount not to exceed Sixteen Thousand Three Hundred Fifty Three Dollars ($16,353.00) which includes trade-in allowance of one vehicle, be and hereby is accepted as the lowest responsible bid. Dated at Geneseo, New York March 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-092. URGING THE RESTORATION OF CRITICAL HIGHWAY AND BRIDGE FUNDING Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, included in the 1999-2000 Executive Budget submission to the State Legislature is a $26,000,000 capital funding cut in the Consolidated Highway Improvement Program (CHIPS); and WHEREAS, the Governor has also proposed a $5,000,000 reduction in the ΑMarchiselli Program,≅ representing the State=s matching share of funds committed for federal projects at the local government level; and WHEREAS, the CHIPs and Marchiselli transportation programs represent a successful state and local partnership delivering necessary capital and preventative maintenance funding to over 1,600 levels of local government; and WHEREAS, these budget cuts strike at programs with proven records of accomplishment for sustaining transportation infrastructure, promoting motorist safety and sustaining construction and related jobs at the local government level; and WHEREAS, to fund these vital programs at lower levels is to permit the further deterioration of our transportation infrastructure so vital to the economic well being of the State of New York and to the safety and welfare of its citizens; and WHEREAS, the local property tax base cannot alone sustain the investment desperately needed at the local level, now therefore be it RESOLVED, that the Livingston County Board of Supervisors strongly urges the state legislature to restore this critical funding; and be it further RESOLVED, that the Livingston County Board of Supervisors strongly urges the Governor and the State Legislature to reauthorize the CHIPs and Marchiselli Programs during the 1999 legislative session so that municipalities can plan for their respective 2000 county budgets; and be it further RESOLVED, that copies of this resolution be forwarded to Governor George E. Pataki, New York State Senators Dale M. Volker, and Patricia McGee; New York State Assembly Members Gerald E. Johnson, Craig Doran, and Daniel Burling; and all others deemed necessary and proper. Dated at Geneseo, New York March 10, 1999 Highway Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-093. APPROVING CONTRACT FOR THE PURCHASE OF PROPERTY FOR HIGHWAY CONSTRUCTION - TOWN OF PORTAGE Mr. Stewart presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract for the purchase of property located between NYS Route 436 and Short Tract Road, Town of Portage from Willett Farms, Inc. for highway construction, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York 57

March 10, 1999 Highway Committee Don Higgins, County Highway Superintendent, explained that this intersection is a safety hazard. The purchase of this property will allow the intersection to be changed. The Planning Department will be responsible for implementing the SEQR process. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-094. REAPPOINTING MEMBER TO THE COMMUNITY INITIATIVES COUNCIL - LANDERS Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby reappointed to the Livingston County Community Initiatives Council, as a representative of the Private Sector, for a term commencing on January 1, 1999, and expiring December 31, 2001: Kelly Jo Landers, 5699 Marrowback Road, Conesus, NY 14435 Dated at Geneseo, New York March 10, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-095. REAPPOINTING MEMBER TO LIVINGSTON COUNTY PLANNING BOARD - INGALSBE Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby reappointed to the Livingston County Planning Board for a term commencing January 1, 1999, and expiring December 31, 2001: Village of Lima - Barry Ingalsbe, 2036 Michigan Avenue, Lima, NY 14485. Dated at Geneseo, New York March 10, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-096. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY FIRE ADVISORY BOARD - AYERS, ELLIS, PECK, TABER Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed to the Livingston County Fire Advisory Board for a three-year term commencing January 1, 1999 and expiring December 31, 2001: Howard M. Ayers (Secretary) P.O. Box 81 Lakeville, NY 14480

John Ellis 7256 Main Street Websters Crossing, NY 14584 (replacing Richard Kane)

Elwood Peck 6479 Stonehill Road Livonia, NY 14487

Donald Taber 3136 Ridge Road 58

Mt. Morris, NY 14510 (replacing Ronald Donovan-deceased) Dated at Geneseo, New York March 10, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-097. AMENDING THE 1999 SALARY SCHEDULE - SOCIAL SERVICES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: SOCIAL SERVICES Create one (1) Senior Caseworker position. Dated at Geneseo, New York March 10, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-098. CORRECTING TAX ROLL - TOWNS OF CONESUS AND LIVONIA Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to eighteen (18) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of Conesus and Livonia on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Conesus Livingston County 372.67 372.67 0.00 0.00 GASCON, Chester J., II Conesus Town Tax 329.10 329.10 0.00 0.00 Tax Map Number Livonia School Relevy 984.44 984.44 0.00 0.00 101-1-28.22 Conesus Fire 1 43.97 43.97 0.00 0.00 Co.Water #1-Zone3 347.00 0.00 0.00 347.00 Total $2077.18 $1730.18 $0.00 $347.00

2. 1999 Conesus Livingston County 60.50 60.50 0.00 0.00 LOVETRO, Gale J. Conesus Town Tax 53.43 53.43 0.00 0.00 Tax Map Number Conesus Town (Penalty) 1.31 1.21 0.10 0.10 101-1-28.23 Conesus Fire 1 7.14 7.14 0.00 0.00 Co.Water #1-Zone 3 10.00 0.00 10.00 10.00 Total $132.38 $122.28 $10.10 $10.10

3. 1999 Conesus Livingston County 298.00 298.00 0.00 0.00 LOVETRO, Gale J. Conesus Town Tax 263.17 263.17 0.00 0.00 Tax Map Number Conesus Town (Penalty) 9.43 5.96 3.47 3.47 101-1-28.242 Conesus Fire 1 35.16 35.16 0.00 0.00 59

Co.Water #1-Zone 3 347.00 0.00 347.00 347.00 Total $952.76 $602.29 $350.47 $350.47

4. 1999 Conesus Livingston County 277.41 277.41 0.00 0.00 INGERICK, Andrew James Conesus Town Tax 244.98 244.98 0.00 0.00 Tax Map Number Livonia School Relevy 732.81 732.81 0.00 0.00 101-1-29.2 Conesus Fire 1 32.73 32.73 0.00 0.00 Co.Water #1-Zone3 347.00 0.00 0.00 347.00 Total $1634.93 $1287.93 $0.00 $347.00

5. 1999 Conesus Livingston County 1406.99 1406.99 0.00 0.00 LEVERSON, John S. & Angela Conesus Town Tax 1242.50 1242.50 0.00 0.00 Tax Map Number Conesus Fire 1 166.02 166.02 0.00 0.00 101-1-96.2 Co.Water #1-Zone1 2395.00 1437.00 958.00 958.00 Total $5210.51 $4252.51 $958.00 $958.00

6. 1999 Conesus Livingston County 463.42 463.42 0.00 0.00 FULLER, William A. Conesus Town Tax 409.24 409.24 0.00 0.00 Tax Map Number Conesus Town (Penalty) 14.06 9.27 4.79 4.79 110-1-50.2 Conesus Fire 1 54.68 54.68 0.00 0.00 Co.Water #1-Zone 1 479.00 0.00 479.00 479.00 Total $1420.40 $936.61 $483.79 $483.79

7. 1999 Conesus Livingston County 700.92 700.92 0.00 0.00 TETA, Nicholas Conesus Town Tax 618.98 618.98 0.00 0.00 Tax Map Number Livonia School Relevy 1851.57 1851.57 0.00 0.00 110.69-1-5 Conesus Fire 1 82.71 82.71 0.00 0.00 Co.Water #1-Zone 1 479.00 0.00 0.00 479.00 Unpd.Con.Lake Sewer 275.00 275.00 0.00 0.00 Total $4008.18 $3529.18 $0.00 $479.00

8. 1999 Livonia Livingston County 556.24 556.24 0.00 0.00 VANDERKAMP, John P. & Livonia Town Tax 351.23 351.23 0.00 0.00 Pierrette D., Jr. Livonia Fire 3 96.77 96.77 0.00 0.00 Tax Map Number Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 66-1-8.1 Total $1061.24 $1014.24 $47.00 $47.00

9. 1999 Livonia Livingston County 527.10 527.10 0.00 0.00 VANDERVEER, Livonia Town Tax 332.83 332.83 0.00 0.00 Clifton D. & Deborah Livonia Fire 3 77.94 77.94 0.00 0.00 Tax Map Number Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 66-1-12 Total $984.87 $937.87 $47.00 $47.00

10. 1999 Livonia Livingston County 301.01 301.01 0.00 0.00 VELDHUIZEN, David W. & Linda Livonia Town Tax 190.07 190.07 0.00 0.00 Tax Map Number Livonia Fire 3 44.51 44.51 0.00 0.00 66-1-16 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $582.59 $535.59 $47.00 $47.00

11. 1999 Livonia Livingston County 555.61 555.61 0.00 0.00 GLEASON, Eugene Livonia Town Tax 350.83 350.83 0.00 0.00 Tax Map Number Livonia Fire 3 86.28 86.28 0.00 0.00 66-1-17 Co.Water #1-Zone 4 47.00 0.00 0.00 47.00 Total $1035.60 $988.60 $0.00 $47.00

12. 1999 Livonia Livingston County 573.52 573.52 0.00 0.00 SHULL, William K. & Steven Livonia Town Tax 362.13 362.13 0.00 0.00 Tax Map Number Livonia Fire 3 84.81 84.81 0.00 0.00 66-1-19.1 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 60

Total $1067.46 $1020.46 $47.00 $47.00

13. 1999 Livonia Livingston County 526.44 526.44 0.00 0.00 ANSTEY, Kenton & Brenda Livonia Town Tax 332.41 332.41 0.00 0.00 Tax Map Number Livonia Fire 3 77.85 77.85 0.00 0.00 66-1-47.2 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Unpd.Lakeville Water 184.07 184.07 0.00 0.00 Total $1167.77 $1120.77 $47.00 $47.00

14. 1999 Livonia Livingston County 580.81 580.81 0.00 0.00 OCWEN FEDERAL BANK,FSB Livonia Town Tax 366.74 366.74 0.00 0.00 Tax Map Number Livonia Fire 3 85.89 85.89 0.00 0.00 66-1-47.13 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1080.44 $1033.44 $47.00 $47.00

15. 1999 Livonia Livingston County 546.33 546.33 0.00 0.00 KELLY, Stephen & Sherry Livonia Town Tax 344.97 344.97 0.00 0.00 Tax Map Number Livonia Fire 3 80.79 80.79 0.00 0.00 66-1-47.16 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1019.09 $972.09 $47.00 $47.00

16. 1999 Livonia Livingston County 563.57 563.57 0.00 0.00 GARLAND, Rebecca A. Livonia Town Tax 355.85 355.85 0.00 0.00 Tax Map Number Livonia Fire 3 83.34 83.34 0.00 0.00 66-1-47.20 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1049.76 $1002.76 $47.00 $47.00

17. 1999 Livonia Livingston County 543.68 543.68 0.00 0.00 CICIOTTI, Sheila Macaluso Livonia Town Tax 343.29 343.29 0.00 0.00 Tax Map Number Livonia Fire 3 80.40 80.40 0.00 0.00 66-1-47.30 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1014.37 $967.37 $47.00 $47.00

18. 1999 Livonia Livingston County 813.53 813.53 0.00 0.00 MCCAFFERY, Stephen Livonia Town Tax 513.68 513.68 0.00 0.00 Tax Map Number Livonia Town (Penalty) 15.07 14.60 0.47 0.47 66-1-52 Livonia Fire 3 133.05 133.05 0.00 0.00 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 Total $1522.33 $1474.86 $47.47 $47.47 Dated at Geneseo, New York March 10, 1999 Tax Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

EXECUTIVE SESSION Motion made by Mr. Moore and seconded by Mr. Daley that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing the employment history of a particular person, and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF THE COMMITTEE OF THE WHOLE

The Board of Supervisors having met in Executive Session for the purpose of discussing the employment history of a particular person, hereby reports as follows:

1. No action taken. 61

Dated March 10, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary

Motion made by Mr. Moore and seconded by Mr. Daley that the Report of the Committee of the Whole be accepted. Carried.

OTHER BUSINESS 1. Mr. Merrick thanked those Supervisors who were in attendance the day (3/5/99) Governor Pataki visited Livingston County. 2. Discussion of bidding salt for County, Town and Village use for the 1999-2000 season in lieu of utilizing the OGS contract - D. Higgins stated that Larry Milliken of American Rock Salt made a presentation at the Highway Committee meeting of 3/3/99 suggesting that the County bid for salt for the 1999-2000 season. D. Higgins reported that bid specifications were sent and the bid opening is scheduled for April 26, 1999. 3. Mr. Marks reported that he had the opportunity to attend the NYSAC Conference in Albany, February 29, March 1 & 2, 1999. Mr. Marks stated that he has attended NYSAC Conferences in the past and feels the conferences provide the benefit of networking as well as getting the facts and updates on new legislation. Mr. Marks encouraged his fellow Supervisors to attend the next NYSAC Conference to be held in Lake Placid, New York, September 12-14, 1999. NYSAC will be celebrating their 75th Anniversary.

ADJOURNMENT Motion made by Mr. Moore and seconded by Mr. Layland to adjourn until Wednesday, March 24, 1999 at 1:30 p.m. Carried.

The Board adjourned at 3:11 p.m. 62

REGULAR BOARD MEETING WEDNESDAY, MARCH 24, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 3/10/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Acknowledgment from Assemblyman Daniel J. Burling regarding Res. No. 99-70 the Workforce Investment Act of 1998 2. Invitation from the Geneseo Garden Club to attend a tree-planting ceremony on Arbor Day, April 30, 11:00 a.m, Courthouse grounds, in memory of Jeanette McClellan. 3. Certification from State of New York Department of Labor of the GLOW Private Industry Council 4. Acknowledgment from the family of Marion Callan for the flower arrangement 5. Acknowledgment from the family of Florence E. DeRoos for the donation to the Lima Presbyterian Church 6. Acknowledgment from the Lima Presbyterian Church in memory of Florence E. DeRoos 7. Letter from Assemblyman Jerry Johnson acknowledging receipt of Res. No. 99-92 regarding the restoration of highway and bridge funding 8. Summons and Complaint in the matter of Renee Collins versus the County of Livingston 9. A Special Meeting of the Board of Supervisors has been scheduled to discuss the proposed reorganization of the Livingston County Board of Supervisors Standing Committees

RESOLUTION NO. 99-099. APPROVING ABSTRACT OF CLAIMS #3B - MARCH 24, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #3B dated March 24, 1999 in the total amount of $1,129,228.90. Dated at Geneseo, New York March 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR There was no request for privilege of the floor.

RESOLUTION NO. 99-100. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, CONTINGENCY/YOUTH BUREAU, MENTAL HEALTH, PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York March 24, 1999 63

Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-101. AUTHORIZING REAPPROPRIATION OF FUNDS - SHERIFF AND WATERSHED PROGRAM Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer be and she hereby is directed and authorized to make the following transfers: SHERIFF From: A3110.2680 Sheriff/Insurance Recoveries $18,536.58 To: A3110.2100 Sheriff/Automotive Equip. $18,536.58 WATERSHED PROGRAM From: A4097.2680 Watershed/Insurance Recoveries $1,000.00 To: A4097.4127 Watershed/Outside Repairs $1,000.00 Dated at Geneseo, New York March 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-102. AUTHORIZING A PARTIAL ASSIGNMENT OF THE AVON CROSSROADS INDUSTRIAL PARK OPTION TO THE LIVINGSTON COUNTY INDUSTRIAL DEVELOPMENT AGENCY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign an agreement assigning to the Livingston County Industrial Development Agency up to 8 acres of the Avon Crossroads Industrial Park. Dated at Geneseo, New York March 24, 1999 Finance Committee The County Administrator provided a historical background of the County=s goals to improve economic development throughout the County. The County Administrator distributed and reviewed the original, and modified 1999 budget, the Infrastructure Budget for 2000, and the 1999-2005 Economic Development Infrastructure Program (on file). The County Administrator recommended that Board of Supervisors authorize the assignment of the Avon Crossroads Industrial Park, approve the infrastructure capital budget 1999-2000 and approve the three infrastructure projects. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-103. APPROVING ECONOMIC DEVELOPMENT INFRASTRUCTURE CAPITAL BUDGET 1999-2000 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby approves the implementation of the proposed Economic Development Infrastructure Capital Budget for 1999-2000. See next page Dated at Geneseo, New York March 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 64

RESOLUTION NO. 99-104. APPROVING THE AVON CROSSROADS, CALEDONIA WATER LINE AND GENESEO GATEWAY ECONOMIC DEVELOPMENT INFRASTRUCTURE PROJECTS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Legislative and Public Relations and the Finance Committees of the Livingston County Board of Supervisors have duly reviewed and recommended the Avon Crossroads, Caledonia Water Line and Geneseo Gateway Economic Development Infrastructure Projects, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors approves said projects as proposed, and be it further RESOLVED, that the Livingston County Board of Supervisors directs the County Attorney and County Administrator to prepare any necessary agreements and budgetary appropriations for the implementation of these projects.

Avon Crossroads Industrial Park Execution of Remaining Option and Installation of Additional Infrastructure

Project Proposal: To acquire fee title to the remaining lands in the Avon Crossroads Industrial Park that are currently reserved via an option agreement between the County of Livingston and the Espevee Land Company (David Vasile et. al.). The proposal also includes the installation of infrastructure (including road, water, sewer, gas, electric and telephone) to be able to serve and resell I-390 frontage property.

Proposed Funding: $1,100,000.

Project Benefits: The implementation of the overall plan for investment in the Avon Crossroads Industrial Park is expected to achieve substantial cost savings in the mid and long term by avoiding the repetitive costs of small incremental development steps. Attacking the project in small two or three lot phases is proving to be a very costly process, and many of the costs that are repeated between phases, like legal steps, engineering duplication, administrative repetition and construction duplication can be minimized or avoided altogether.

Caledonia Water Transmission Main Up-Sizing

Name of Project: Caledonia Water Transmission Main Up-Sizing Project Type: County Sponsored Applicant: Livingston County Water & Sewer Authority Municipal Sponsor: Town of Caledonia

Project Description: As mitigation of a TCE chemical spill that occurred in Caledonia, the NYSDEC and EPA Superfund are installing a water connection from the Monroe County Water Authority in Mumford to serve contaminated wells in Caledonia. The proposal from the NYSDEC is to install an 8" water line. 65

This proposal is seeking funding to increase the size of that line to 12". The proposal costs only include the incremental costs between the 8" line and the 12" line.

Project Financing Requested: $154,000.

Other Funds Committed or Leveraged: $1,473,000. of NYSDEC and EPA Superfund monies committed.

Identified Economic Development Project or Secondary Beneficiary: No specific projects defined in application. Secondary benefits derived by proposed Commodity Resource Corporation Transload Facility in Town of Caledonia. Additional benefits derived from expansion of infrastructure to developable currently industrially zoned area.

Project Developer: NYSDEC Project Engineer: Sterns & Wheler, LLC Project Counsel: Catherine Foerster, Esq. of Boylan, Brown et. al.

Geneseo Gateway Infrastructure Project

Name of Project: Geneseo Gateway Infrastructure Project Project Type: Municipal Sponsored Applicant: Town of Geneseo Municipal Sponsor: Same

Project Description: With the support of the EDIF, the Town of Geneseo plans to install a municipal road connection between Route 20a and Lima Road. All appurtenant utilities are also planned to be installed as a component of the proposed project. The project corresponds with the plans set forth in the Gateway component of the Town Comprehensive Plan. Municipal zoning has been modified to accommodate projected growth.

Project Financing Requested: $1,534,005.

Other Funds Committed or Leveraged: $51,860. of Town funds invested to date in overall Gateway planning and engineering.

Identified Economic Development Project or Secondary Beneficiary: No specific projects defined in application. Benefits derived from expansion and enhancement of industrially and commercially zoned lands.

Project Developer: Town of Geneseo Project Engineer: MRB Group, P.C. Project Counsel: James Coniglio, Town Counsel Dated at Geneseo, New York 66

March 24, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-105. REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD AND SUBCOMMITTEES - DUNCOMBE, MAROZAS, HERKIMER Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby reappointed to the Livingston County Community Services Board and Subcommittees for a term to commence 1/1/99 and expire 12/31/02: Livingston County Community Services Board Karen Duncombe, 64 N. Main Street, Mt. Morris, NY 14510 Developmental Disability Subcommittee Donald Marozas, 14 Summers Street, Livonia, NY 14487 Chemical Dependency Subcommittee Martin Herkimer, Sheriff=s Dept., Geneseo, NY 14454 Dated at Geneseo, New York March 24, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-106. APPOINTING MEMBER TO THE LOCAL CONDITIONAL RELEASE COMMISSION - REEDER Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, Res. No. 89-230 established a Conditional Release Commission to determine whether individuals should be conditionally released from County Jail and to monitor them if they are released, and WHEREAS, the Livingston County Board of Supervisors desires to have more than four members on the Local Conditional Release Commission, it is hereby RESOLVED, that Frank E. Reeder of 4896 York Road, Leicester, New York 14481 is hereby appointed to the Local Conditional Release Commission for a four-year term to expire March 24, 2003. Dated at Geneseo, New York March 24, 1999 Judicial Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-107. OPPOSING THE 1999 EXECUTIVE BUDGET PROPOSAL TO ELIMINATE THE MAIL-IN RENEWALS GOING TO LOCAL DMV OFFICES Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the New York State Vehicle and Traffic Law delegates to 51 Counties, through the respective County Clerks, the responsibility of operating a Department of Motor Vehicles, and WHEREAS, the 1999 Executive budget has eliminated the processing of mail-in license and registration renewals by the local DMV offices, and WHEREAS, the loss of revenue from said mail-in renewals would be devastating to Livingston County, and WHEREAS, over the past few years local, county run DMV=s have shouldered a heavier responsibility and deal with many additional time intensive transactions, and WHEREAS, with the loss of revenue, Livingston County must seriously consider the services provided by the DMV and must consider ways of running this more Department efficiently, and WHEREAS, Livingston County Board of Supervisors has always been proud of its DMV office and the services provided, however, with the loss of mail-in renewal revenue, the DMV office is quickly becoming an 67 unfunded mandate, and WHEREAS, while the Executive Budget increased the retention fee for some transactions from 9.3% to 12.7% the gap is still too big to overcome, now, therefore, be it RESOLVED, the Livingston County Board of Supervisors opposes the 1999 Executive Budget Proposal to eliminate the mail-in renewals going to local DMV offices, and be it further RESOLVED, that the Livingston County Board of Supervisors supports Senate Bill #3235 and Assembly Bill #6287, which would guarantee mail-in renewals stay with local DMV=s and also increases the retention rate, and be it further RESOLVED, that a copy of the resolution be sent to Governor George Pataki, Senator Joseph Bruno, Senator Ronald Stafford, Senator John Bonacic, Senator Pat McGee, Senator Dale Volker and Speaker Sheldon Silver, Member of Assembly Elizabeth O=Connor Little, Assemblyman Jacob Gunther, Assemblyman Jerry Johnson, Assemblyman Craig Doran, Assemblyman Daniel Burling, and the New York State Association of Counties. Dated at Geneseo, New York March 24, 1999 Judicial Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-108. OPPOSING EXTENSION OF LOCAL CONDITIONAL RELEASE COMMISSION ENABLING LEGISLATION Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, in 1989, the New York State Legislature adopted Article 12 of the Corrections Law establishing Local Conditional Release Commissions, and WHEREAS, this legislation transferred the responsibility for the determination of early release and subsequent supervision of local inmates from the State of New York to the Counties, and WHEREAS, no training or funds have been provided to the Counties since the time this legislation was adopted, and WHEREAS, it is difficult for smaller counties to find individuals with sufficient work experience and the necessary education to serve on the Local Conditional Release Commission, and WHEREAS, this legislation is due to expire on September 1, 1999, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors opposes any additional extension of the legislation imposing the responsibility for the early release determinations and supervision of local inmates beyond the September 1, 1999 expiration date, and be it further RESOLVED, that any further extension, if authorized by the State, should be accompanied by State funding for training and implementation of the program, and be it further RESOLVED, that certified copies of this resolution be forwarded to Governor George E. Pataki, New York State Senators Dale M. Volker and Patricia McGee; New York State Assembly Members Gerald E. Johnson, Craig Doran, and Daniel Burling, the Intercounty Association of Western New York, and the New York State Association of Counties. Dated at Geneseo, New York March 24, 1999 Judicial Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-109. APPOINTING MEMBER TO THE LIVINGSTON COUNTY YOUTH BOARD - ZOBREST Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that this Board of Supervisors does hereby approve the appointment of the following person to the Livingston County Youth Board to serve the term designated: NAME REPRESENTS TERM EXPIRES Bobbi Jo Zobrest Youth 8/31/99 2553 Genesee Street Piffard, NY 14533 68

Dated at Geneseo, New York March 24, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-110. PROCLAIMING MAY 2-8, 1999 AS NATIONAL TOURISM WEEK Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, tourism plays a major economic impact in New York State, ranking second only to agriculture. In the Finger Lakes Region alone, there are over 6,000 businesses employing approximately 80,000 people with an annual payroll in excess of $821,000,000. The Activity Index reflects over 9,000,000 visitations which generates an overall economic impact of 1.5 billion dollars; and WHEREAS, being the oldest tourism promotion agency in the country and the largest in New York State, the Finger Lakes Association is proud of the role it has played in creating the positive image and strong identity this vacationland has come to enjoy; now, therefore be it RESOLVED, that the Livingston County Board of Supervisors hereby designate May 2-8, 1999 as National Tourism Week in Livingston County. Dated at Geneseo, New York March 24, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-111. PROCLAIMING APRIL 10-17, 1999, AS FEDERATION OF NEW YORK INSURANCE PROFESSIONALS=== WEEK Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, professional insurance people play a very important part in the insurance industry; and WHEREAS, they are most effective locally in promoting public awareness of such important issues as automobile safety, the problem of drinking and driving, and education, legislative issues and explaining policy coverages needed in order to promote peace of mind for the public, and WHEREAS, they endeavor to affirm to the industry as a whole the highest professional standard and service, and WHEREAS, the professional men and women deserve commendation and recognition for their past, present and future accomplishments in this economically vital industry, now, therefore, it is hereby RESOLVED, that the Livingston County Board of Supervisors proclaims April 10-17, 1999, as Federation of New York Insurance Professionals= Week, and urges our citizens to honor these professionals who are performing such important and diverse roles throughout the risk and insurance industry. Dated at Geneseo, New York March 24, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-112. AUTHORIZING CHAIRMAN TO SIGN A WEATHERIZATION CONTRACT WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Mrs. Cansdale presented the following resolution and moved its adoption:

WHEREAS, the New York State Division of Housing and Community Renewal has awarded $203,000 in Weatherization funds to Livingston County, now therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a Weatherization contract with the New York State Division of Housing and Community Renewal, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 24, 1999 Legislative Committee 69

The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-113. ESTABLISHING PUBLIC HEARING FOR COUNTY WATER DISTRICT #1 FOR THE HAMLET OF CONESUS PORTION OF THE PROJECT - ZONE 2 Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Res. No. 98-131 approved County Water District #1 which requires a grant of not less than $600,000 for the construction of facilities in Zone 2, and WHEREAS, an equal but different financial package has been received for Zone 2 from Rural Development, it is hereby RESOLVED, that a public hearing shall be held to receive comments on County Water District #1 Zone 2 on April 14, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and there shall be given at least six (6) days notice thereof by posting on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York March 24, 1999 Public Works Committee Mr. Essler stated that this resolution may not need to be acted upon depending on the outcome of Audit and Control. C. Muscarella explained that Audit and Control may require the County to conduct another public hearing or amend the resolution. No short term financing for this project will be available until some type of action is taken. This resolution is to authorize the paperwork to be prepared. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-114. CORRECTING TAX ROLL - TOWN OF LIVONIA Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to three (3) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Town of Livonia on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application.

Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 1999 Livonia Livingston County 611.97 611.97 0.00 0.00 CHRISTIANO, Sara Livonia Town Tax 386.41 386.41 0.00 0.00 Tax Map Number Livonia Fire 3 90.49 90.49 0.00 0.00 66-1-47.15 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 T. of Livonia(Penalties) 11.36 10.89 0.47 0.47 Total $1147.23 $1099.76 $47.47 $47.47

2. 1999 Livonia Livingston County 566.89 566.89 0.00 0.00 HAGMIRE, Robert P. & Livonia Town Tax 357.95 357.95 0.00 0.00 Harriet Lee Livonia Fire 3 83.83 83.83 0.00 0.00 Tax Map Number Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 66-1-47.19 Total $1055.67 $1008.67 $47.00 $47.00

3. 1999 Livonia Livingston County 517.82 517.82 0.00 0.00 FRANCO, James J. & Cheryl J. Livonia Town Tax 326.97 326.97 0.00 0.00 Tax Map Number Livonia Fire 3 76.57 76.57 0.00 0.00 93-1-60.14 Co.Water #1-Zone 4 47.00 0.00 47.00 47.00 70

Total $968.36 $921.36 $47.00 $47.00 Dated at Geneseo, New York March 24, 1999 Tax Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-115. AUTHORIZING THE COUNTY===S OPTION TO PURCHASE THE REMAINING ACREAGE OF THE AVON CROSSROADS INDUSTRIAL PARK Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign an agreement assigning to the Livingston County Industrial Development Agency the County=s option to purchase the remaining acreage of the Avon Crossroads Industrial Park. Dated at Geneseo, New York March 24, 1999 Finance Committee The County Administrator announced that this resolution assigns the remaining acreage of the Avon Crossroads Industrial Park to the LCIDA. Res. No. 99-102 did not have the correct language. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-116. RECOGNIZING LIVINGSTON COUNTY EMPLOYEES WITH 10 AND 25 YEARS OF FULL-TIME SERVICE Mr. Moore moved and Mr. Kramer seconded to present the following resolution: WHEREAS, Livingston County Employees who serve the citizens of this County with dedication and faithfulness are valued by the Livingston County Board of Supervisors, and WHEREAS, the Livingston County Board of Supervisors desires to acknowledge individuals who have demonstrated these values, it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby recognizes the following employees who have served Livingston County for 25 years:

Public Health Deborah Farberman

Sheriff=s Department Robin Maloney William T. Smith

Skilled Nursing Facilities Richard Baumgardner Linda Burns Catherine Goodell

Social Services Paula Callaro Dorothy Stella and, it is further

RESOLVED, that the Livingston County Board of Supervisors hereby recognizes the following employees who have served Livingston County for 10 years: Central Services Vicky E. Cousins

71

County Treasurer Patricia A. Gardner Sharon Mark

Data Processing Dale Nieswiadomy

Economic Development Patrick Rountree

Highway Thomas L. Canute, Jr. Michelle Lunn David C. Wentworth

Personnel Marlene Hamilton

Public Health Laurie Calnan James Kanouse Doris Smith Laurie Wester

Sheriff Christine M. Bovee Michael J. Bradley Raymond DiPasquale Brenda Smith

Skilled Nursing Facility- Campus Jane Maloney Kathleen Mehlenbacher

Skilled Nursing Facility-Geneseo Debra Barney Lisa Caldwell Irene Covell Jin States

Social Services Donna Chasey Diane M. Deane Susanne Helles and, it is further RESOLVED, that the Livingston County Board of Supervisors desires to honor these employees at a ceremony conducted on March 24, 1999 in conjunction with the Regular Board Meeting and sponsor a reception at the Big Tree Inn, Geneseo, New York. Dated at Geneseo, New York March 24, 1999 Committee of the Whole The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 72

EMPLOYEE RECOGNITION CEREMONY - HONORING EMPLOYEES WITH 10 AND 25 YEARS OF FULL-TIME SERVICE Chairman Merrick welcomed everyone in attendance and thanked those employees who are being honored for their years of service. The County Administrator provided a brief history of how the employee recognition program was developed and acknowledged Virginia Amico, Clerk of the Board, for suggesting the program to the Board of Supervisors. The County Administrator called forward those Department Heads who have employees that will be recognized. Chairman Merrick, Vice Chairman Moore, the County Administrator presented the 10 and 25 year awards. Vice Chairman Moore again thanked those employees for their years of service and announced that a reception will be held at the Big Tree Inn, Geneseo, New York immediately following the Board meeting, to honor the employees.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Derrenbacher to adjourn until Wednesday, April 14, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:26 p.m. 77

REGULAR BOARD MEETING WEDNESDAY, APRIL 14, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Messrs. Wahl, Olverd, Marks and House.

The Pledge of Allegiance.

MINUTES Minutes of 3/24/99 Regular Board Meeting and 3/31/99 Special Board Meeting were approved as presented.

COMMUNICATIONS 1. Intercounty Association of Western New York meeting notice, Genesee County Government Day, April 15, 1999, at the Holiday Inn, Batavia, 11:00 a.m. PROGRAM: New York State Lieutenant Governor Mary Donahue 2. American Rock Salt Company LLC Mine Project Update dated March 25, 1999 3. Notice of Appeal and Notice of Motion in the matter of Christopher Koehler versus the Livingston County Department of Social Services 4. Letter from Mt. Morris Supervisor James Olverd regarding participation on the Hampton Corners Development Committee 5. Letters from Senator Patricia K. McGee and Commissioner of Labor James J. McGowan acknowledging receipt of Res. No 99-70 Authorizing Formation of Workforce Investment Area 6. Letters from Senator Patricia K. McGee and Assemblyman Craig Doran acknowledging receipt of Res. No. 99-92 Urging the Restoration of Critical Highway and Bridge Funding 7. Letters from Senator Patricia K. McGee, Assemblymen Jerry Johnson and Daniel J. Burling, and NYSAC Legislative Director Stephen J. Acquario acknowledging receipt of Res. No. 99-107 Opposing the 1999 Executive Budget Proposal to Eliminate the Mail-in Renewals Going to Local DMV Offices and Res. No. 99-108 Opposing Extension of Local Conditional Release Commission Enabling Legislation 8. Letter from Elizabeth O=Connor Little acknowledging receipt of Res. No. 99-107 Opposing the 1999 Executive Budget Proposal to Eliminate the Mail-in Renewals Going to Local DMV Offices 9. Reminder that a tour of the Livingston County Facilities has been scheduled for Thursday, April 22, 1999 at 8:30 a.m. Please return the luncheon choice handout to Virginia today.

RESOLUTION NO. 99-117. APPROVING ABSTRACT OF CLAIMS #4A - APRIL 14, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #4A dated April 14, 1999 in the total amount of $1,602,171.14. Dated at Geneseo, New York April 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

PRIVILEGE OF THE FLOOR 1. Art Hatten, Vice President for College Advancement of SUNY Geneseo and Chairman of the Livingston County United Way Campaign stated that the 1999 goal for the United Way campaign is $250,000. Pat 78

McGinn stated that the United Way had set an ambitious goal this year and stated that the United Way supports 16 agencies in the County. Sue Guenther stated that she and Lisa Grosse are again working on the Livingston County campaign and requested that the Board of Supervisors set an example and make a donation. 2. Avon Mayor Richard Burke thanked the Tax Committee for presenting a resolution defining a policy for Tax Exemption of Water Filtration Plants and explained the importance of water quality. 3. Status of the American Rock Salt Co. Mine Project - Gunther Buerman introduced himself, Neil Cohen, Joseph Bucci, and Larry Milliken. Gunther Buerman stated that the Board of Supervisors will be receiving a newsletter that will provide a periodic update of the mine project. Mr. Buerman thanked the Livingston County Industrial Development Agency for their efforts and assistance. The sitework is expected to be completed between October-December. The present depth of the shaft is 120 feet. The salt is approximately at a depth of 1,400 feet. Mr. Buerman stated that the company expects to reach salt late this year and will be able to sell salt by the fall and winter of 1999. The representatives fielded questions from the Board. Mr. Merrick thanked American Rock Salt Co. representatives for coming to update the Board.

RESOLUTION NO. 99-118. AWARDING BID FOR INSTALLATION OF VINYL SIDING FOR BUILDINGS 7 & 8 Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for installation of vinyl siding for Buildings 7 & 8, three bids were received, then opened on March 29, 1999, now, therefore, be it RESOLVED, that the bid of B& B Consolidated of 21 Murray Street, Mt. Morris, NY 14510, in an amount not to exceed Twenty-Six Thousand One Hundred Dollars ($26,100.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Buildings Committee Mr. Bassage questioned the location of Buildings 7 & 8. Lisa Grosse reported that Building 7 housed the Take Pride program and Building 8 housed the Office for the Aging. A map of the campus buildings will be provided to each Supervisor. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-119. AWARDING BID FOR ELECTRICAL UPGRADE FOR BUILDINGS 4 & 5 Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for an electrical upgrade for Buildings 4 & 5, four bids were received, then opened on March 15, 1999, now, therefore, be it RESOLVED, that the bid of Schuler-Haas Electric Corp. of 224 Mt. Hope Avenue, Rochester, NY 14620, in an amount not to exceed Forty-Three Thousand One Hundred Dollars ($43,100.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Buildings Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted. 79

RESOLUTION NO. 99-120. AUTHORIZING TRANSFER OF FUNDS - OFFICE FOR THE AGING AND PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York April 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-121. AUTHORIZING REAPPROPRIATION OF FUNDS - SHERIFF AND CENTRAL SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer be and she hereby is directed and authorized to make the following transfers: SHERIFF From: A3110.2680 Sheriff/Insurance Recoveries $5,266.00 To: A3110.2100 Sheriff/Automotive Equip. $5,266.00 CENTRAL SERVICES From: A1620.2680 Central Services/Insurance Recoveries $20,058.00 To: A1620.4110 Central Services/Building Repairs $20,058.00 Dated at Geneseo, New York April 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-122. DECLARING SURPLUS PROPERTY - COUNTY HISTORIAN, MENTAL HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: COUNTY HISTORIAN SERIAL NUMBERS Selectric IBM Typewriter SN2105067 Harris 3M Copier 876360 Table Lamp Fluorescent Desk Lamp Fluorescent Table Lamp MENTAL HEALTH Epson LQ1050 0TG1034668 Wang PC 250/16 A0776W Wang DT1 W019156 80

Wang 06500 Wang 8519KK Wang ZR0232 Wang 06295 Wang 8501KK Dated at Geneseo, New York April 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-123. AMENDING 1999 BUDGET - DEPARTMENT OF SOCIAL SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Livingston County Department of Social Services was awarded various grants, and WHEREAS, the Livingston County Board of Supervisors accepted said grants pursuant to Res. No. 98-425, and WHEREAS, there remains unexpended portions of these grants, now, therefore, be it RESOLVED, that the County Treasurer is hereby authorized and directed to amend the following accounts: Managed Care Increase Revenue Account A6010.3614 Estimated Revenues - State $3,369.00 Increase Revenue Account A6010.4614 Estimated Revenues - Federal $3,370.00 Increase Appropriation Account A6010.4484 Managed Care $6,739.00 TWIF (Treatment Works Involving Families) Increase Revenue Account A6010.4610 Estimated Revenues - Federal $63,335.00 Increase Appropriation Account A6010.4190 Agency Contracts $63,335.00 Work Now II Increase Revenue Account A6010.4610 Estimated Revenues - Federal $25,409.00 Increase Appropriation Account A6010.4190 Agency Contracts $25,409.00 JD/PINS CAP Savings Increase Revenue Account A6010.3610 Estimated Revenues - State $62,437.00 Increase Appropriation Account A6010.4190 Agency Contracts $58,937.00 Increase Appropriation Account A6010.4060 Office Supplies $3,500.00 Nutrition Education Increase Revenue Account A6010.4610 Estimated Revenues - Federal $24,265.00 Increase Appropriation Account A6010.4190 Agency Contracts $24,265.00 Dated at Geneseo, New York April 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-124. INCREASING CAPITAL PROJECT - CONESUS LAKE COUNTY SEWER DISTRICT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, an $85,000 appropriation from the operating fund was budgeted in 1999 for three capital projects for the Conesus Lake County Sewer District, now, therefore, be it RESOLVED, that the County Treasurer is hereby authorized to increase Capital Project H8130.2900 in the amount of $85,000.00 from Estimated Revenue H8130.5031, and it is further RESOLVED, that the County Treasurer is hereby authorized to transfer $85,000.00 from G9550.9000 to 81

Capital Fund H8130.5031. Dated at Geneseo, New York April 14, 1999 Finance Committee Cathy Muscarella, Public Works Director, explained the three capital projects for the Conesus Lake County Sewer District (1) developing a sludge management reed beds, (2) televising the Village of Livonia collection system, (3) installing a metering manhole. C. Muscarella explained the meaning of in-flow (illegal water flowing into the system) and infiltration (a break in the system). The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-125. AUTHORIZING A LEASE AGREEMENT BETWEEN SAMUEL D===ANGELO FOR WOMEN===S HEALTH CENTER CLINIC SPACE AT THE AVON SITE AND RICHARD NEUMAN FOR WOMEN===S HEALTH CENTER CLINIC SPACE AT THE DANSVILLE SITE Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a lease agreement between Samuel D=Angelo and the Livingston County Department of Health, Women=s Health Center for Avon site clinic space, commencing 2/1/99 and terminating 12/31/2002, subject to review and approval by the County Attorney and County Administrator, and, it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a lease agreement between Richard Neuman of 7930 Route 16, PO Box 74, Franklinville, NY and the Livingston County Department of Health, Women=s Health Center for the Dansville clinic site, to commence on 2/1/99 and terminate on 1/31/2003, subject to review and approval by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Health Committee Mr. Bassage stated that the Health Committee agreed to a one-year lease with Samuel D=Angelo and requested an amendment. MOTION TO AMEND: Mr. Layland moved and Mr. Daley seconded to amend the resolution to read that the Αlease agreement between Samuel D=Angelo and the Livingston County Department of Health, Women=s Health Center for Avon site clinic space, commencing 2/1/99 and terminating 1/31/2000". The Chairman called for Ayes and Noes and declared the amendment adopted. The roll was called as follows on the resolution as amended: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-126. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - Roberts Wesleyan College for Student Clinical Experience, Wayland Laboratory Services, Maria Benzoni for Early Intervention Services, Blue Cross Blue Shield for Reimbursement for Diabetic Classes Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Administrator and County Attorney: Roberts Wesleyan College for Student Clinical Experience 3/1/99 - 8/31/99 Wayland Laboratory Services 5/1/99 - 4/30/01 Maria Benzoni for Early Intervention Services 3/1/99 - 12/31/99 Blue Cross Blue Shield for Reimbursement for Diabetic Classes upon execution until September 1, 1999 with one year renewals 82

thereafter Dated at Geneseo, New York April 14, 1999 Health Committee The County Attorney stated that the contract with Blue Cross Blue Shield should read September 1, 2000. MOTION TO AMEND: Mr. Daley moved and Mr. Moore seconded to amend the resolution to reflect a contract term for Blue Cross Blue Shield to read Αupon execution until September 1, 2000 with one year renewals thereafter.≅ The Chairman called for Ayes and Noes and declared the amendment adopted. The roll was called as follows on the resolution as amended: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-127. PROCLAIMING WEEK OF MAY 3-7, 1999 AS PUBLIC HEALTH NURSING WEEK Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the delivery of the best quality preventive and home health care to all residents is the function of the Livingston County Department of Health nursing staff, and WHEREAS, this official agency established in 1924 is able to provide a wide range of health and supportive services which emphasizes the dignity and independence of residents in their homes; and WHEREAS, contributions by the nursing staff of the Livingston County Department of Health over the past 75 years have strengthened the role of preventive and home health services within our county=s total health care system, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors recognizes the contributions of Livingston County Department of Health=s nursing staff, and do hereby proclaim the week of May 3-7, 1999, as Public Health Nursing Week. Dated at Geneseo, New York April 14, 1999 Health Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-128. AUTHORIZING CONTRACT WITH NOYES MEMORIAL HOSPITAL FOR EMERGENCY ALERT RESPONSE SYSTEM / LIFELINE SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign an agreement commencing April 1, 1999 and terminating March 31, 2000, with Nicholas H. Noyes Memorial Hospital for Emergency Alert Response System/Lifeline Services, after review by the County Administrator and County Attorney. Dated at Geneseo, New York April 14, 1999 Health Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-129. AUTHORIZING CONTRACT WITH UNLIMITED CARE, INC. FOR EXPANDED IN-HOME SERVICES TO THE ELDERLY PROGRAM (EISEP) NON-MEDICAL AIDE SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign an agreement for a term commencing April 1, 1999 and terminating March 31, 2000, with Unlimited Care, Inc. for Expanded In-Home 83

Services to the Elderly Program (EISEP) which includes non-medical personal care/housekeeper services, after review by the County Administrator and County Attorney. Dated at Geneseo, New York April 14, 1999 Health Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-130. APPOINTING MEMBER TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD SUBCOMMITTEE - NICHOLS Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby appointed to the Livingston County Community Services Board Subcommittee for a term to commence 1/1/99 and expire 12/31/02: Mental Health Subcommittee Kathleen Nichols, Box 566, Lakeville, NY 14480 to fill expired term formerly held by Elizabeth Rogers. Dated at Geneseo, New York April 14, 1999 Health Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-131. AUTHORIZING A CONTRACT BETWEEN LIVINGSTON COUNTY HEALTH CARE FACILITIES AND LIVINGSTON COUNTY HEALTH DEPARTMENT, CERTIFIED HOME HEALTH AGENCY, FOR THE PROVISION OF INTERMITTENT OCCUPATIONAL THERAPY SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with the Livingston County Health Department, Certified Home Health Agency, for the provision of intermittent occupational therapy services, commencing May 1, 1999 and terminating on May 1, 2001 with the option to renew for one additional year, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Health Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-132. AWARDING BIDS AND AUTHORIZING PURCHASE OF CONSTRUCTION MATERIALS AND SERVICES FOR THE HIGHWAY DEPARTMENT THROUGH CALENDAR YEAR 1999 Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, after legal advertisement, bids for Construction & Maintenance Materials and Services were received and opened on March 18, 1999 in Room 205 of the Livingston County Government Center, and WHEREAS, the Bid Specifications, Bid Submissions, Bid Tabulations and Bid Award Package are all on file at the office of the Livingston County Highway Department, for the following Materials and Services: Corrugated Metal Pipe - Delivered Corrugated Polyethylene Flexible Tubing Corrugated Metal Pipe - No delivery Precast Catch Basins Corrugated Polyethylene Pipe - Delivered Heavy Duty Frames and Grates Structural Steel, Steel Sheet Piling, Railroad Rails Controlled Low- Strength Material (Flowable Fill) Used Heavy Steel Pipe, Boiler Shells Transit Concrete Mix 84

Gabions Propane Fuel Calcium Chloride, Liquid Calcium Chloride, Tembind Pavement Markings Geotextile Fabrics - Delivered Modified Asphalt Crack Filler Geotextile Fabrics - No delivery. Asphalt Concrete Mixes Guiderailing, Guiderail Installation Superpave Hot Mix Asphalt Liquid Bituminous Materials - Priced through Distributor Liquid Bituminous Materials - Price through Mix Paver Paver Placed Chip Seal/ Ultrathin Hot Mix Asphalt Asphalt Emulsion Slurry Seal Recycled Asphalt Pavement (Cold) Full Depth Reclamation - Type III Recycling Furnishing and Placing Asphalt Concrete Pavement Furnishing and Placing Cold Mix Asphalt Pavement now, therefore, be it RESOLVED, that said bids be accepted, and that the Superintendent of Highways is hereby authorized to purchase said Materials and Services for said prices through calendar year 1999 with the option to renew for a one- year period from date of expiration, upon each successful bidder signing a contract with the County of Livingston, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Highway Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-133. AWARDING BIDS AND AUTHORIZING RENTAL OF VARIOUS PIECES OF CONSTRUCTION EQUIPMENT FOR THE HIGHWAY DEPARTMENT THROUGH CALENDAR YEAR 1999 Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, after legal advertisement, bids for Rental of Various Pieces of Construction Equipment opened and read, on March 18, 1999 in Room 205 of the Livingston County Government Center, and, WHEREAS, the Bid Specifications, Bid Submissions, Bid Tabulations and Bid Award Package are all on file at the office of the Livingston County Highway Department, for rental of the following pieces of construction equipment: Compressors Hydraulic Excavator Track Pneumatic Impact Breakers Rubber Tired Excavator Portable Sand Blasting Equipment Truck Cranes Asphalt & Bituminous Pavers Truck Mounted Hydraulic Guiderail Driver Pavement Profilers Water Pumps Self Propelled Shoulder Widener Concrete Power Trowel Rollers, Static & Vibratory Concrete Power Screed Truck Mounted Concrete Pump Trailer Mounted Brush Chipper Curb Pavers PC200 Excavator Concrete Saws Dual Pavement Sweepers Motor Graders Self Propelled Cath Basin Suction Machine Loaders, Crawler & Wheel Self Propelled Sheeps Foot Roller Crawler Dozers Towed Sheeps Foot Roller Self Propelled Pavement Broom Pull Type Pavement Broom 85

Self Powered Chip Spreader Rubber or Track Hydraulic Excavator Cold Mix Paver with Grappling Hook Micro Surfacing Continuous Flow Mixing Stump and Tree Grinder Machine Tractor-Loader-Backhoe Micro Surfacing Truck Mounted Mixing 6' Brush Hog Machine 4 WD Self Propelled Snorkel 40 ton Equipment Trailer Portable Screening Plant Dump Trailer Portable Crushing Plant & conveyor Dump Trucks Closed Circuit Crushing Plant Articulated Off-Road Dump Trucks Material Crushing Service Bucket Trucks Sub-Surface Edge-Drain Tiling Hydraulic Rock Splitter Installation Service Trench Shields Removal of Asphalt Pavement by Grinding Vermeer Pavement Cutter Sheet Pile Driving Service now, therefore, be it RESOLVED, that said bids be accepted, and that the Superintendent of Highways is hereby authorized to rent pieces of construction equipment for said prices through calendar year 1999, upon each successful bidder signing a contract with the County of Livingston, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Highway Committee Mr. Stewart clarified that all Towns and Villages within the County are eligible to take advantage of this bid. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-134. AWARDING BID AND AUTHORIZING PURCHASE OF ONE (1) NEW 1999 170 HP HYDRAULIC TRACK EXCAVATOR FOR HIGHWAY DEPARTMENT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, after legal advertisement, bids for one (1) new 170-Horsepower, 52,000 Pound Hydraulic Track Excavator were opened on March 18, 1999 in Room 205 of the Livingston County Government Center, and WHEREAS, the bid of Five Star Equipment, Inc. of Rochester, New York in the total amount of $199,944.00 for one (1) new 1999 John Deere Model 230LC, was the lowest of two (2) bids received, and said bid meets bid specifications dated March 3, 1999, now, therefore, be it RESOLVED, that said bid be accepted, and the Superintendent of Highways is hereby authorized to purchase said Hydraulic Track Excavator for said price, contingent upon Five Star Equipment, Inc. signing a contract with the County of Livingston, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Highway Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-135. AWARDING BIDS AND AUTHORIZING PURCHASE OF BULK SODIUM CHLORIDE (CRUSHED ROCK SALT) FOR LIVINGSTON COUNTY AGENCIES Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, after legal advertisement, bids for Crushed Rock Salt were received and opened on April 6, 1999 in Room 303A of the Livingston County Government Center, and WHEREAS, submittals were received from four (4) companies, and the following two (2) bids are the lowest 86 bids which meet all specifications dated March 16, 1999: BID#1 - DELIVERED TO ANY POINT IN LIVINGSTON COUNTY IMC Salt, Inc. of Overland Park, Kansas $25.91 per ton. BID#2 - F.O.B. STOCKPILE SITE (GROVELAND, NY) American Rock Salt Co., of Peckville, PA $24.00 per ton. Now, therefore, be it RESOLVED, that said bids be accepted, and authorization be given to purchase said material for said prices, contingent upon IMC Salt, Inc. and American Rock Salt Company signing contracts with the County of Livingston, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 14, 1999 Highway Committee Mr. Stewart explained the two bids for delivered and pick up of sodium chloride and clarified that the product will not be available from American Rock Salt Company until January 1, 2000. Mr. Moore reminded the Board of Supervisors that letters of intent must be sent to the State by April 15, 1999 if a municipality is going to contract with the State for sodium chloride. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-136. PROCLAIMING JUNE 2, 1999 AS APPRECIATION DAY FOR THE LIVINGSTON COUNTY SHERIFF===S DEPARTMENT FROM THE BOARD OF ELECTIONS Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Elections has requested a day of special recognition in honor of the Livingston County Sheriff=s Department in appreciation for the cooperation and assistance given by these men and women during the election process, it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby proclaims June 2, 1999 as Sheriff=s Department Appreciation Day. Dated at Geneseo, New York April 14, 1999 Judicial Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-137. AWARDING BID FOR ONE BOAT FOR THE LIVINGSTON COUNTY SHERIFF===S DEPARTMENT Mr. Daley presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for one (1) boat for the Livingston County Sheriff's Department, bids were sent to six marinas and one bid was received and opened on March 22, 1999, now, therefore, be it RESOLVED, that the bid of Leisure Time Marina of 5364 East Lake Road, Conesus, NY 14435 for one (1) 1999 Bayliner 2052 Trophy Boat, a 1999 Escort Galvanized Tandem Axle Trailer and a 1999 Mercruiser 4.3 Liter E.F.I. Motor in an amount not to exceed Twenty-Four Thousand Six Hundred Eighty-Five Dollars ($24,685.00) which includes trade-in allowance of 1992 Sea Ox Trailer and motor, be and hereby is accepted as the lowest responsible bid. Dated at Geneseo, New York April 14, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted. 87

RESOLUTION NO. 99-138. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD - HIGGINS, MOORE, YORK, SPRUNG, WOODS, NENNI, NIEDERMAIER, NIEDERMAIER, SMITH, GRAY, ROWE, TROGLAUER, VREELAND, MACKAY, RYCHLICKI Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed to the Livingston County Traffic Safety Board for the term designated: NAME AND REPRESENTATION TERM EXPIRATION Donald Higgins, 6207 Main Street, Conesus, NY 14435 12/31/99 Superintendent of Livingston County Highway Department Gary Moore, Liv. Cty. Gov. Center, 6 Court Street, Geneseo, NY 14454 12/31/99 Livingston County Public Safety Vice Chairman Sheriff John York, 4 Court Street, Geneseo, NY 14454 12/31/99 Livingston County Sheriff=s Department Sgt. Joan Sprung, 4638 Route 63, Geneseo, NY 14454 12/31/99 New York State Police David Woods, Liv. Cty. Gov. Center, 6 Court Street, Geneseo, NY 14454 12/31/99 Livingston County Planning Department Joe Nenni, 5443 Geneseo Lakeville Road, Lakeville, NY 14480 12/31/99 Representing NYS DOT Kevin Niedermaier, Liv. Cty. Gov. Center, 6 Court Street, Geneseo, NY 14454 12/31/99 Emergency Management Services Patricia Niedermaier, Liv. Cty. Gov. Center, 6 Court Street, Geneseo, NY 14454 12/31/99 Executive Secretary, Traffic Safety Board Sgt. Chris Smith, 4 Court Street, Geneseo, NY 14454 12/31/99 Livingston County Sheriff=s Department, filling unexpired term of Ron Huff Richard Gray, 5287 Booher Hill Road, Geneseo, NY 14454 12/31/01 Town and Village of Geneseo John Rowe, 3593 Rock Spring Hill, Dansville, NY 14437 12/31/01 Town of West Sparta Ken Troglauer, 80 Parker Road, Mt. Morris, NY 14510 12/31/01 Town of Mt. Morris Sanford Vreeland, 2561 Kingston Road, Leicester, NY 14481 12/31/01 Town of Leicester Mike McKay, 3040 Idas Lane, Caledonia, NY 14423 12/31/01 Village of Caledonia Pam Rychlicki, 493 Barks Road, Caledonia, NY 14423 12/31/01 Town of Caledonia Dated at Geneseo, New York April 14, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-139. RESCINDING RES. NO. 99-113 ESTABLISHING PUBLIC HEARING FOR COUNTY WATER DISTRICT #1 FOR THE HAMLET OF CONESUS PORTION OF THE PROJECT - ZONE 2 Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors established a public hearing date for April 14, 88

1999 to hear comments on the financing proposal for the Hamlet of Conesus water project, and WHEREAS, the Livingston County Board of Supervisors was informed that if the public hearing was determined to be unnecessary by Audit and Control, the resolution would be rescinded, and WHEREAS, Audit and Control has responded that the hearing is not necessary, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors rescinds Res. No. 99-113. Dated at Geneseo, New York April 14, 1999 Public Works Committee Mr. Essler explained that Audit and Control determined that it was unnecessary for the County to conduct a public hearing on this matter. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-140. AMENDING THE APPROVAL OF COUNTY WATER DISTRICT #1 Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors has previously approved the establishment of the County Water District #1 and pursuant to Res. No. 98-131 restricted construction on the proposed transmission main from the corner of East Lake Road and Sliker Hill Road to the Hamlet of Conesus, the cost of which is to be borne by Zone 2, until such time the County receives a commitment for a grant of an amount no less than $600,000 for the construction of such facilities, and WHEREAS, the original cost estimate for such a project was $1,300,000, and WHEREAS, the revised cost estimate for such project is now $865,000 with the plan of financing proposed being a $361,000 grant and a $504,000 long-term loan, and WHEREAS, the estimated cost of such a project to the typical property owner in Zone 2 will not be increased as a result thereof, now, therefore, be it RESOLVED, that Res. No. 98-131 is hereby amended to remove the requirement of a grant commitment of $600,000 as a prerequisite for the construction of the proposed transmission main referred to in the preambles hereof, and be it further RESOLVED, that establishment of the County Water District #1 is hereby ratified and confirmed, and be it further RESOLVED, that this resolution is subject to a permissive referendum. Dated at Geneseo, New York April 14, 1999 Public Works Committee Cathy Muscarella, Public Works Director, explained that the foregoing resolution was redrafted at the request of the bond counsel. C. Muscarella explained the grant funding and how it will impact the residents. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-141. RE-ESTABLISHING THE RELEVY DATE FOR THE CONESUS LAKE COUNTY SEWER DISTRICT Mr. Essler presented the following resolution and moved its adoption: WHEREAS, water and sewer billing is being consolidated for cost saving and efficiency measures, and WHEREAS, the relevy date for the water billing is October 25th of each year which is coordinated with the needs of the Real Property Tax Office, and WHEREAS, the Conesus Lake County Sewer District, has a July 30th relevy date, which requires the District to maintain two receivable balances until the October 25th date, now, therefore, be it RESOLVED, that the Conesus Lake County Sewer District relevy date will be October 25th starting in 1999. Dated at Geneseo, New York 89

April 14, 1999 Public Works Committee Cathy Muscarella, Public Works Director, explained the need for this resolution. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

EXECUTIVE SESSION Motion made by Mr. Moore and seconded by Mr. Daley that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing the employment of a particular person, and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole. Tish Lynn, Personnel Officer and David Morris, County Attorney remain present. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF THE COMMITTEE OF THE WHOLE

The Board of Supervisors having met in Executive Session for the purpose of discussing the employment of a particular person, hereby reports as follows:

1. No action taken.

Dated April 14, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary

Motion made by Mr. Moore and seconded by Mr. Bassage that the Report of the Committee of the Whole be accepted. Carried.

RESOLUTION NO. 99-142. AMENDING THE 1999 SALARY SCHEDULE - CAMPUS SKILLED NURSING FACILITY, GENESEO SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: CAMPUS SKILLED NURSING FACILITY Create two (2) Licensed Practical Nurse positions. Create two (2) Nursing Assistant positions. GENESEO SKILLED NURSING FACILITY Convert a Temporary Clerk Typist position to a Full-Time Clerk Typist position. Dated at Geneseo, New York April 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-143. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - CAMPUS SKILLED NURSING FACILITY, GENESEO SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: CAMPUS SKILLED NURSING FACILITY Create a Nursing Home Administrator position. 90

GENESEO SKILLED NURSING FACILITY Create an Assistant Director of Nursing position with an annual salary range of $40,000 - $42,000. Appoint Jerry W. Owens, P. O. Box 381, Elizabethtown, NY 12932, to the position of Nursing Home Administrator at a salary of $52,500 effective May 10, 1999. Dated at Geneseo, New York April 14, 1999 Salary & Negotiating Committee Frank Bassett, Sr. Nursing Home Administrator, introduced Jerry W. Owens. Mr. Owens provided a brief background of his work experience and stated that he looks forward to working for Livingston County for many years to come. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-144. ADOPTING TAX EXEMPTION POLICY FOR WATER FILTRATION PLANTS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, Section 406 (3) of the Real Property Tax Law authorizes a municipality to grant whole or partial tax exemptions to property owned by another municipal corporation and used for water treatment, and WHEREAS, the County of Livingston desires to adopt a consistent policy to be used when municipal corporations seek tax exemptions for new water filtration plants, it is hereby RESOLVED, it shall be the policy of the County of Livingston to grant full exemptions, upon application to the Livingston County Board of Supervisors, to municipal corporations of the County of Livingston for property used for new water filtration plants. These exemptions shall apply only to the water filtration plant value and not to the real estate or any other improvements located therein or thereunder, and be it further RESOLVED, it shall also be the policy of the County of Livingston to consider payment-in-lieu of tax agreements with municipal corporations located outside the County of Livingston, for property within the County of Livingston, used for new water filtration plants, and it is further RESOLVED, that this policy shall expire April 14, 2019. Dated at Geneseo, New York April 14, 1999 Tax Committee Mr. Kramer stated that this resolution does include a statement that the policy shall expire the year 2019. The County Attorney stated that this policy was developed to provide consistency for future requests of tax exemption for water filtration plants. Mr. Layland stated that once the systems get localized the Livingston County Water and Sewer Authority may not be able to take over the operations. Mr. Layland congratulated the Tax Committee on presenting a well, thought out policy, and he would be voting in favor of the policy. Mr. Daley also thanked the Tax Committee, the County Administrator and County Attorney for developing this policy. Mr. Layland stated he thought it was a good idea to have a timeframe set on this policy. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

RESOLUTION NO. 99-145. AUTHORIZING EXEMPTIONS PURSUANT TO REAL PROPERTY TAX LAW SECTION 406 (3) Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors has adopted a Tax Exemption Policy for Water Filtration Plants, pursuant to Res. No. 99-144, and WHEREAS, the Village of Avon is seeking an exemption from taxation for their water filtration plant building on property located in the Town of Geneseo (Tax Map No. 64-2-32.112), and WHEREAS, the Village of Mt. Morris is seeking an exemption from taxation for their water filtration plant 91 building on property located in the Town of Mt. Morris (Tax Map No. 105-1-8), and WHEREAS, the Village of Nunda is seeking an exemption from taxation for their water filtration plant building on property located in the Town of Nunda (Tax Map No. 208-1-15.1), and WHEREAS, section 406 (3) of the Real Property Tax Law authorizes the governing board of a municipal corporation to grant a whole or partial exemption to property owned by another municipal corporation and used for a water filtration plant, now, therefore, be it, RESOLVED, that pursuant to the aforementioned policy, the County of Livingston grants an exemption from taxation to the Village of Avon for the Water Filtration Plant building in the Town of Geneseo, said exemption to apply only to the building value and not to the real estate or any other improvements located therein or thereunder, and, it is further RESOLVED, that the County of Livingston grants an exemption from taxation to the Village of Mt. Morris for the Water Filtration Plant building in the Town of Mt. Morris, said exemption to apply only to the building value and not to the real estate or any other improvements located therein or thereunder, and, it is further RESOLVED, that the County of Livingston grants an exemption from taxation to the Village of Nunda for the Water Filtration Plant building in the Town of Nunda, said exemption to apply only to the building value and not to the real estate or any other improvements located therein or thereunder. Dated at Geneseo, New York April 14, 1999 Tax Committee The County Attorney stated that the exemptions will appear on the 1999 assessment roll. Mr. Stewart questioned whether the storage building was exempted. The County Attorney responded that only the water filtration plant is exempted according to the policy written. The roll was called as follows: Ayes - 1,443; Noes - 0; Absent - Wahl, 208; Marks, 51; House, 112; Total, 371; Adopted.

OTHER BUSINESS 1. Mr. Merrick encouraged the Supervisors to attend a tour of the Livingston County Facilities on April 22, 1999 beginning at 8:30 a.m. at the Liv. Cty. Government Center. A tour of the County Campus will be scheduled in the near future. 2. Mr. Daley, Public Safety Committee Chairman, updated the Board on the following: 1) The Director of Emergency Management Services has reported that the Towns and Villages within Livingston County have applied for $101,000 of FEMA reimbursement as a result blizzard on March 4, 1999. 2) The repairs to the Fire Training Tower have been completed. The tower will reopen on May 1, 1999. 3. Mr. Bassage questioned whether the County has acquired the property for the radio communications tower in the Town of Livonia. The County Attorney responded that he is in the process of finalizing the contract. 4. Mr. Essler commented on the County approving the tax exemptions for the water filtrations plants by saying he is hopeful that the cooperation shown by the Board of Supervisors would be reflected back to the County by the Towns and Villages cooperating and working with the Livingston County Water and Sewer Authority in the future. Mrs. Avery concurred with Mr. Essler. Mr. Daley stated that cooperation has already begun due to the Village of Avon supplying water to South Avon and that the Livingston County Water and Sewer Authority will become lead agency for this project. 5. Mr. Davis updated the Board on a recent Fish and Wildlife Management meeting regarding the number of hunters in Livingston County in 1997 (600,000) and 1998 (400,000), the number of deer killed (6,965). The State is considering a 30% increase of the fee for hunting license.

ADJOURNMENT 92

Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, April 28, 1999 at 1:30 p.m. Carried.

The Board adjourned at 3:28 p.m. 93

REGULAR BOARD MEETING WEDNESDAY, APRIL 28, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Messrs. Essler & Stewart.

The Pledge of Allegiance.

MINUTES Minutes of 4/14/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Notice of Claim in the matter of Cynthia Welch versus the County of Livingston 2. United Way donation cards are due today. 3. Reminder that the Public Health Department Anniversary Celebration is May 14, 1999 at the Genesee River and reservations are to be sent to the Health Department by May 5, 1999. 4. Summons and Complaint in the matter of Laura Stiggens versus Livingston County Health Related Facility

RESOLUTION NO. 99-146. APPROVING ABSTRACT OF CLAIMS #4B - APRIL 28, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #4B dated April 28, 1999 in the total amount of $961,466.68. Dated at Geneseo, New York April 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

PRIVILEGE OF THE FLOOR 1. Stephen Beauvais, Project Manager and Wayne McCready Landscape Architecture/Environmental Services Manager of NYSDOT; Sandy Brennan Director of Natural Resources of NYSDEC and Fran Gotcsik, Executive Director of Friends of Genesee Valley Greenway presented an overview of the proposal for the Genesee Valley Greenway Multi-Use Trail. The proposal of the NYSDOT is to construct a separate pedestrian bridge on the existing railroad abutments and piers that are located upstream, just west of the existing Route 36 highway bridge over the Genesee River in Mt. Morris. The Federal government will pay 80%, and the State 20%; there will be no local share in this project. Steve Beauvais requested that the Board of Supervisors provide a letter of support for this project. MOTION: Mr. Bassage moved and Mr. Olverd seconded to direct the Chairman of the Board to write a letter of support for the Genesee Valley Greenway multi-use trail crossing over the Genesee River in Mt. Morris, New York. Carried. 2. David Woods, Planning Director, announced Spring 1999 Regional Planning and Zoning Workshop sponsored by the Genesee/Finger Lakes Regional Planning Council to be held on May 14, 1999 from 8:00 a.m. to 5:00 p.m. at the Genesee River Hotel, Mt. Morris, New York. Registration deadline is May 6, 1999. 3. Joan Ellison, Public Health Director, presented the Public Health Department 1998 Annual Report. The report is on file. 4. David Woods, Planning Director and Susan Walker, Chairperson of Environmental Management 94

Council presented the Environmental Management Council Earth Day Award to Ralph VanHouten of Livingston County Environmental Health. The award is presented to a person that has contributed to protecting and improving the environment. Ralph VanHouten expressed his gratitude for being selected as the recipient of this award.

RESOLUTION NO. 99-147. APPOINTING MEMBERS TO THE FOREST PRACTICE BOARD - HUMPHREY, DAVIS...... Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby appoints the following persons to the Region 8 Forest Practice Board for a three-year term commencing January 1, 1999 and ending December 31, 2001: William Humphrey, 6840 Liberty Pole Road, Dansville, NY 14437 Ivan C. Davis, 10042 South River Road, Hunt, NY 14846 Dated at Geneseo, New York April 28, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-148. APPOINTING MEMBER TO THE AGRICULTURAL AND FARMLAND PROTECTION BOARD - HOUSE Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby appoints the following person to the Agricultural and Farmland Protection Board for a term coterminous with his tenure in the stated office: Dennis R. House, Supervisor, Town of York, of 3894 Telephone Road, Caledonia, NY 14423. Dated at Geneseo, New York April 28, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-149. AUTHORIZING TRANSFER OF FUNDS - OFFICE FOR THE AGING, PUBLIC HEALTH, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York April 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-150. AUTHORIZING REAPPROPRIATION OF FUNDS - HIGHWAY Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer is hereby authorized to make the following transfers: HIGHWAY From: DM5130.2680 Insurance Recoveries $373.40 To: DM5130.4127 Outside Repairs $373.40 Dated at Geneseo, New York April 28, 1999 Finance Committee 95

The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-151. INCREASING THE NOT TO EXCEED LIMIT AUTHORIZED BY RESOLUTION NO. 97-91 - AUTHORIZING CONTRACT WITH FREDERICK S. WOOD, P.E., FOR ENGINEERING SERVICES FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM UPGRADE Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Board of Supervisors Resolution No. 97-091 authorized a contract with Frederick S. Wood, P.E. for engineering services for the Public Safety Communications System Upgrade, and WHEREAS, Resolution No. 97-091 specified a not-to-exceed limit of $40,000, and WHEREAS, Livingston County has requested the engineer to perform various additional services beyond what was originally envisioned, now, therefore be it RESOLVED, that the not to exceed limit authorized by Resolution No. 97-091 is increased from $40,000 to $50,000. Dated at Geneseo, New York April 28, 1999 Finance Committee David Woods, Planning Director, explained that Fred Wood is the engineer hired to provide professional engineering services for the radio communications upgrade. As the project unfolds, there have been several occasions where the County is using the services of Fred Wood that were not included in the original contract. This resolution will allow the not to exceed limit to be increased from $40,000 to $50,000. The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-152. APPOINTING MEMBER TO LIVINGSTON COUNTY PLANNING BOARD - FOWLER Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby appointed to the Livingston County Planning Board to replace Barbara Kemnitz, who resigned, for a term to expire December 31, 2000: Village of Caledonia - Diane Fowler, 23 Spring Street, Caledonia, NY 14423 Dated at Geneseo, New York April 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-153. APPOINTING MEMBER TO LIVINGSTON COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL - KING Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the following person is hereby appointed to the Livingston County Environmental Management Council for a term commencing April 28, 1999 and to expire December 31, 1999 in the Industry/Commerce category. Town of Avon - Scott D. King, 1425 West Henrietta Road, Avon, NY Dated at Geneseo, New York April 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-154. ADOPTING SUBJECT MATTER LISTS REQUIRED BY THE PUBLIC OFFICERS LAW Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, Section 87 (3) (c) of the Public Officers Law requires the County of Livingston to maintain a 96 detailed list by subject matter of all records in the possession of the County, now, therefore, be it RESOLVED, that the County of Livingston adopts the subject matter lists, to the extent applicable, contained in Records Retention and Disposition Schedule CO-2 and the Retention and Disposition Schedule for Election Records, prepared by the New York State Education Department and designates those subject matter lists as the lists the County is required to maintain under Public Officers Law Section 87 (3) (c). Dated at Geneseo, New York April 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-155. SUPPORTING THE 1999 LIVINGSTON COUNTY JOB FAIR Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the Livingston County Department of Social Services (Take Pride Program), the Livingston County Employment and Training Department, the Livingston County Economic Development Department, the Livingston County Chamber of Commerce, the New York State Department of Labor, VESID and Catholic Charities of Livingston County sponsored the first Job Fair in Livingston County in 1997; and WHEREAS, these organizations have scheduled the 1999 Job Fair for May 13, 1999 at the Genesee River Hotel and Reception Center in Mt. Morris, New York, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors supports the 1999 Livingston County Job Fair on May 13, 1999 and urges area employers and job seekers to attend. Dated at Geneseo, New York April 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

RESOLUTION NO. 99-156. AMENDING THE 1999 SALARY SCHEDULE - COUNTY CLERK, SOCIAL SERVICES, HIGHWAY, GENESEO SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption:

RESOLVED, that the 1999 Salary Schedule be amended as follows: COUNTY CLERK Convert one (1) part-time Motor Vehicle Clerk to full-time effective May 9, 1999. Convert one (1) part-time Index Clerk to full-time effective May 9, 1999. SOCIAL SERVICES Effective April 25, 1999 Denise Bentley=s wage is $21.37**** HIGHWAY Effective April 25, 1999 Richard Paul=s wage is $20.12**** GENESEO SKILLED NURSING FACILITY Delete one (1) Registered Professional Nurse position. Dated at Geneseo, New York April 28, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,533; Noes - 0; Absent - Stewart, 187; Essler, 94; Total, 281; Adopted.

OTHER BUSINESS 1. Mrs. Marjorie Cansdale, Chairman of the Legislative Committee, reported that the Committee reviewed the Committee Restructuring proposal on April 20, 1999. The Committee made some revisions to the proposal and will be meeting again, a date to be announced, to review the second draft of the proposal. 97

ADJOURNMENT Motion made by Mr. Bassage and seconded by Mr. Layland to adjourn until Wednesday, May 12, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:30 p.m. 98

REGULAR BOARD MEETING WEDNESDAY, MAY 12, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Mr. Derrenbacher.

The Pledge of Allegiance.

MINUTES Minutes of 4/28/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Intercounty Association of Western New York meeting notice, Cattaraugus County, May 20, 1999, 9:30 a.m., Doyle Hall, St. Bonaventure University, Olean, New York PROGRAM: Dr. Roger Sorochty, Vice President of the Achievement Center for Continuous Learning - St. Bonaventure=s outreach in the Western New York Region in strategic solutions for personal, professional and organization effectiveness. 2. The 1999 Job Fair will be held on May 13, 1999, at the Genesee River Hotel, Mt. Morris, New York. 3. Letter from Assemblyman Craig Doran acknowledging receipt of Res. No. 99-107 Opposing the 1999 Executive Budget Proposal to Eliminate the Mail-in Renewals Going to Local DMV Offices and Res. No. 99-108 Opposing Extension of Local Conditional Release Commission Enabling Legislation. 4. Tour of the Campus County Facilities is scheduled for Friday, June 11, 1999. If you plan to attend, please notify the Clerk. 5. Letter from William R. Nojay, Chairman of the Rochester-Genesee Regional Transportation Authority and a letter from Bradford J. Race, Jr., Secretary to the Governor, confirming the appointment of Joseph A. Errigo as a Member of the Rochester-Genesee Regional Transportation Authority. 6. Letter from Assembly Speaker Sheldon Silver acknowledging receipt of Res. No. 99-107 Opposing the 1999 Executive Budget Proposal to Eliminate the Mail-in Renewals Going to Local DMV Offices.

RESOLUTION NO. 99-157. APPROVING ABSTRACT OF CLAIMS #5A - MAY 12, 1999 Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #5A dated May 12, 1999 in the total amount of $788,440.10. Dated at Geneseo, New York May 12, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

PRIVILEGE OF THE FLOOR 1. Mark Brown, Director of Community Services, invited the Board of Supervisors to attend an Open House of the Community Services Department today in celebration of May is Mental Health Month. Mark Brown also provided an overview of the programs provided by the Community Services Department and the use of reinvestment dollars. 2. Arlene Johnston, County Treasurer, presented her 1998 Annual Report (on file). The County Treasurer stated that this is her twelfth annual report and will be her last because she is retiring at the end of this year. She commended her staff for the fine job they have done over the past years and stated she enjoyed working with the different Supervisors and Department Heads throughout her tenure. The County 99

Treasurer provided some interesting statistics comparing 1965 (the year she began working for the County) to date. 1965 To Date County Budget $3 million $74 million Employees 250 800-900 Fund Balance $500,000 $10 million The County Treasurer stated there were several things that she is appreciative of namely the Data Processing Department for computerizing her department and the new working environment in the Livingston County Government Center. The County Treasurer again thanked the Board of Supervisors and Administration for assisting her throughout her tenure. Mr. Merrick thanked the County Treasurer for the fine annual report and her departing words.

RESOLUTION NO. 99-158. APPOINTING MEMBER TO THE CORNELL COOPERATIVE EXTENSION OF LIVINGSTON COUNTY BOARD OF DIRECTORS Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby appoints the following person to the Cornell Cooperative Extension of Livingston County Board of Directors for a term coterminous with his tenure in the stated office: Ivan C. Davis, Chairman of the Agriculture and Soil Conservation Committee, 10042 South River Road, Hunt, NY 14846 Dated at Geneseo, New York May 12, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-159. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, LEGAL FEES/LABOR CONTRACTS Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York May 12, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-160. AUTHORIZING REAPPROPRIATION OF FUNDS - SHERIFF, CENTRAL SERVICES Mr. Marks presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer is hereby authorized to make the following transfers: SHERIFF From: A3110.2680 Insurance Recoveries $1,000.00 To: A3110.2100 Auto Equipment $1,000.00 CENTRAL SERVICES From: A1620.2680 Insurance Recoveries $5,374.94 To: A1620.4110 Buildings Repairs $5,374.94 Dated at Geneseo, New York May 12, 1999 100

Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-161. DECLARING SURPLUS PROPERTY - MENTAL HEALTH Mr. Marks presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: MENTAL HEALTH Serial Number CTX Monitor 9033905870 CTX Monitor 9033907862 Dated at Geneseo, New York May 12, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-162. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - HEALTH NOW NY FOR COMPREHENSIVE HOSPICE AND HOME CARE SERVICES; STEPPINGSTONE AGENCY FOR EARLY INTERVENTION SERVICES; HARTMAN HEALTH ASSOCIATES FOR OCCUPATIONAL THERAPY SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Administrator and County Attorney: Health NOW NY for Comprehensive Hospice and Home Care Services 5/1/99 - 6/30/2000 Steppingstone Agency for Early Intervention Services 5/1/99 - 12/31/99 Hartman Health Associates for Occupational Therapy Services 5/1/99 - 4/30/2001 Copy of contracts on file in Clerk=s office. Dated at Geneseo, New York May 12, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-163. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A COMPUTER SOFTWARE END-USER LICENSE AGREEMENT BETWEEN THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH AND AHLERS & ASSOCIATES FOR THE WOMEN===S HEALTH CENTER Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a computer software end-user license agreement between the Livingston County Department of Health and Ahlers & Associates for the Women=s Health Center, commencing on the date of delivery and continuing in perpetuity as long as the monthly support charges are paid or unless sooner terminated as provided therein, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York 101

May 12, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-164. PROCLAIMING WEEK OF MAY 16-22, 1999 AS EMERGENCY MEDICAL SERVICES WEEK Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the Emergency Medical Services community in Livingston County volunteers many hours to save lives and minimize the effects of unforeseen injuries; and WHEREAS, EMS services are available 365 days a year, it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares May 16-22, 1999 as Emergency Medical Services Week in Livingston County to honor EMS personnel, nurses and physicians who serve their community through ambulance corps and in the emergency rooms in Livingston County. Dated at Geneseo, New York May 12, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-165. PROCLAIMING THE WEEK OF MAY 9-15, 1999 AS NURSING HOME WEEK Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, we as Americans experience aging as the natural order of life, live longer than at any time in the past, and seek to maintain our highest practicable functional level in periods of infirmity; and WHEREAS, nursing homes at the local, state and national level engage in providing skilled nursing care and related services for individuals who require medical or nursing care, and rehabilitation services for the rehabilitation of injured, disabled, or sick persons; and WHEREAS, the Livingston County Health Care Facilities, consisting of the Livingston County Skilled Nursing Facility located in Geneseo and the Livingston County Campus Skilled Nursing Facility located in Mt. Morris provide a variety of skilled nursing and rehabilitation services to meet the needs of Livingston County residents and the greater community, now therefore be it RESOLVED, that Livingston County Board of Supervisors proclaims May 9-15, 1999 as Nursing Home Week. Dated at Geneseo, New York May 12, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-166. APPROVING EXTENSION AND RATE PER MILE FOR COUNTY ROAD SNOW AND ICE CONTROL CONTRACT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the current County Snow & Ice Control Contract is effective through August 31, 1999, but allows for annual extensions through September 1, 2007 under the same terms and conditions, and WHEREAS, the Contract also provides for the ΑRate Per Mile≅ to be negotiated each year, and WHEREAS, the ΑRate Per Mile≅ for the past two (2) years has been $2,800.00, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors agrees to extend the County Snow & Ice Control Contract through August 31, 2000, and further, be it RESOLVED, that the ΑRate Per Mile≅ for said Contract Extension Period be set at $2,900.00. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York 102

May 12, 1999 Highway Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-167. AUTHORIZING CONTRACT WITH ROCHESTER MUSEUM AND SCIENCE CENTER Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County is proposing to relocate the intersection of County Route 20 and State Route 436 in the Town of Portage, and WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation is requiring that a Phase I Cultural Resource Investigation be done as part of the SEQR review; now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract with Rochester Museum and Science Center to conduct the investigation at a cost not to exceed $3,100.00, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York May 12, 1999 Highway Committee Mr. Kramer questioned the purpose of this contract. The County Attorney explained that the Highway Department is proposing to change the intersection of County Route 20 and State Route 436 in the Town of Portage and the State has determined that this area has artifacts on it and is requiring an archeological study. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-168. AMENDING LIVINGSTON COUNTY LOCAL CONDITIONAL RELEASE COMMISSION POLICIES AND PROCEDURES Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, Livingston County Local Conditional Release Commission desires to clarify the date that applications are deemed to be received by the Commission, and WHEREAS, the current policies require the applications to be considered received upon the Conditional Release Monitor signing and dating the application, it is hereby RESOLVED, that the Livingston County Board of Supervisors amends the Livingston County Local Conditional Release Commission Policies and Procedures as follows: 3) Delete the last sentence in paragraph 1. 4) Change the last sentence of paragraph 2 to read as follows: The Conditional Release Monitor will maintain a log of accepted applications including the name of the applicant, the date of acceptance and the date the application was forwarded to the Livingston County Probation Department. 5) Change paragraph 3 to read as follows: Upon receiving an application the Probation Department will log the application, confirm the application is properly accepted and immediately send copies of the complete application to all members of the Conditional Release Commission and to the Clerk of the Board of Supervisors. The log maintained by the Probation Department will include the name of the applicant, the date of receipt from the jail and the date the application was forwarded to the Conditional Release Commissioners. The Clerk of the Board of Supervisors shall date stamp the application when received. Applications are considered received by the Conditional Release Commission as of the date stamped by the Clerk of the Board of Supervisors. 6) Change paragraph 4 to read as follows: The Probation Department shall provide any supplemental information necessary as requested by the Conditional Release Commission. The Probation Department shall send a copy of the requested 103

supplemental information to each Commission member for review and to the Clerk of the Board of Supervisors within five (5) business days of the Probation Department=s receipt of the request. The attached revised Policies and Procedures will be made part of this resolution.

LIVINGSTON COUNTY LOCAL CONDITIONAL RELEASE COMMISSION

POLICIES AND PROCEDURES

APPLICATIONS FOR CONDITIONAL RELEASE FROM THE LIVINGSTON COUNTY JAIL

In order to comply with Corrections Law and to provide procedures for Conditional Release Applications the following procedures will be followed:

1) All applicants shall be instructed to include information supporting their request for early release with their application and present the same to Livingston County Jail Conditional Release Monitor upon completion. 2) All applications shall be accepted by Livingston County Jail Conditional Release Monitor when the applicant has properly completed all required sections. The Conditional Release Monitor will confirm applications are properly filed (no earlier than 60 days from a previous filing by the applicant), complete the form as indicated, sign and date the application, and forward the original applications to the Probation Department within 48 hours. The Conditional Release Monitor will maintain a log of accepted applications including the name of the applicant, the date of acceptance and the date the application was forwarded to the Livingston County Probation Department. 3) Upon receiving an application the Probation Department will log the application, confirm the application is properly accepted and immediately send copies of the complete application to all members of the Conditional Release Commission and to the Clerk of the Board of Supervisors. The log maintained by the Probation Department will include the name of the applicant, the date of receipt from the jail and the date the application was forwarded to the Conditional Release Commissioners. The Clerk of the Board of Supervisors shall date stamp the application when received. Applications are considered received by the Conditional Release Commission as of the date stamped by the Clerk of the Board of Supervisors. 4) The Probation Department shall provide any supplemental information necessary as requested by the Conditional Release Commission. The Probation Department shall send a copy of the requested supplemental information to each Commission member for review and to the Clerk of the Board of Supervisors within five (5) business days of the Probation Department=s receipt of the request. 5) The original applications together with a copy of the supplemental information shall be kept on file in the Probation Department. 6) Upon the Conditional Release Commission meeting and making a release determination, the inmate, the Jail Conditional Release Monitor and the Probation Department shall be notified. The inmate will receive only a notification of the Commission=s decision, the inmate=s application and supplemental information are not to be returned to the inmate. If the application is denied a letter addressed to the inmate shall inform the inmate of the denial and the Commission=s reasons for denial. If the application is approved the appropriate form, signed by a majority of the Commissioners meeting, shall be forwarded to the Probation Department. The Probation Department shall then notify the Conditional Release Monitor of the Commissions=s approval. 7) The Commissioners= copies of applications and supplemental information shall be returned to the Clerk of the Board of Supervisors once a release determination has been made. The Clerk of the Board shall file the said applications and supplemental information as well as any other records of the Conditional Release Commission according to the Livingston County Records Management Policy. 104

Revised 5/12/99 Dated at Geneseo, New York May 12, 1999 Judicial Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-169. AWARDING BID FOR COFFEE USED BY THE LIVINGSTON COUNTY JAIL Mr. Daley presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement three (3) bids for coffee used by the Livingston County Jail were received, then opened on April 12, 1999, now, therefore, be it RESOLVED, that the bid of LaTouraine Coffee Company of 116 Gruner Road, Cheektowaga, NY 14227, be accepted according to prices on file in the Office of the County Administrator. This award shall be effective June 1, 1999 and terminate May 31, 2000, and be it further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a contract with LaTouraine Coffee Company, subject to review by the County Administrator and County Attorney. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York May 12, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-170. AUTHORIZING NO COST TIME EXTENSION TO LRS EXCAVATING INC. AND DIRECTING THAT CHANGE ORDER NO. 1 BE EXECUTED Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the East Lake Road water main project got a late start due to audit and control approval, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes a no cost time extension to LRS Excavating, Inc. to May 28, 1999 as a completion date, and be it further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign the appropriate change order, subject to review by the County Attorney and County Administrator. Copy of change order on file in Clerk=s office. Dated at Geneseo, New York May 12, 1999 Public Works Committee Cathy Muscarella, Public Works Director, explained that the County and LRS Excavating, Inc. have agreed to a completion date of May 28, 1999. If the project is not completed by this date, the County will be able to claim liquidated damages. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-171. AWARDING BID TO INFRATECH INTERNATIONAL FOR THE TELEVISING OF THE SANITARY SEWERS IN THE VILLAGE OF LIVONIA Mr. Essler presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the televising of the sanitary sewers in the Village of Livonia, one bid was received and opened on April 21, 1999, now, therefore, be it RESOLVED, that the bid of Infratech International, of 3605 Hartzdale Drive, Camp Hill, PA 17011 in the amount not to exceed Twenty-Seven Thousand Six Hundred Twenty-Five Dollars ($27,625.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign said contract, 105 subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York May 12, 1999 Public Works Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

OTHER BUSINESS 1. Mr. Moore requested and was granted Privilege of the Floor to distribute the proposed Law Enforcement Council By-Laws (on file). Mr. Moore stated that he has been serving on the Law Enforcement Council as a Member of the Public Safety Committee. The County Administrator and County Attorney have been involved in developing the By-Laws. Mr. Moore stated that he would like to the Board to review the By-Laws and a resolution to create the Law Enforcement Council will be presented at the next Board meeting. Mr. Moore stated that Mt. Morris Chief of Police Charles DiPasquale is the Chairman of the Law Enforcement Council and Captain William V. Powell of NYSDEC, will be in attendance at the May 26, 1999 Board meeting. The County Administrator stated that the Law Enforcement Council will provide coordination among the local law enforcement agencies and would recommend the creation of this Council. 2. The County Administrator stated he would like to take this opportunity to thank the Board of Supervisors for the cards, letters and fruit basket while he was recently on medical leave. The Board stated they were pleased to have the County Administrator back to work.

EXECUTIVE SESSION Motion made by Mr. Moore and seconded by Mr. Daley that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing information regarding current litigation, and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole and County Administrator Dominic Mazza, and County Attorney David Morris remain present. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF THE COMMITTEE OF THE WHOLE

The Board of Supervisors having met in Executive Session for the purpose of discussing information regarding current litigation, hereby reports as follows: 1. No action taken. Dated May 12, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary Motion made by Mr. Moore and seconded by Mr. Daley that the Report of the Committee of the Whole be accepted. Carried.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, May 26, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:45 p.m. 106

REGULAR BOARD MEETING WEDNESDAY, MAY 26, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Mr. Derrenbacher.

The Pledge of Allegiance.

MINUTES Minutes of 5/12/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Notice of Claim in the matter of Gail R. Yarnes versus the County of Livingston, the Livingston County Water Authority and LRS Construction Company 2. Please notify Virginia if you plan to attend the Campus Tour, June 11, 1999.

INTRODUCTION OF LOCAL LAW

LOCAL LAW NO. A 1999 - A LOCAL LAW IN RELATION TO ITEM PRICING AND SCANNER ACCURACY IN RETAIL ESTABLISHMENTS

SECTION I. LEGISLATIVE-FINDINGS AND INTENT.

The Livingston County Board of Supervisors finds that there is a technology which utilizes computer-assisted pricing systems which offer the user numerous efficiencies and economies in the operation of the retail industries, the use of which may make it economically advantageous for retail stores to remove price markings on individual commodities. This Board further finds that the absence of individual price markings may make it difficult for consumers to make a fully informed purchase choice or to detect overcharges when they occur at the registers. It is the intention of this Board to require that all retail stores place individual item prices on products which they sell and to require accuracy at the checkout registers. Further, it is the intention of this Board to provide for a waiver of the item pricing requirement for certain stores which maintain a very high degree of computer-assisted pricing accuracy and which provide certain other services to permit consumers to record and verify individual item prices. It is also the intention of this Board to require clear and legible shelf labels. Finally it is the intention of this Board to ensure that consumers in Livingston County know what they are paying and are not charged more than that amount at the registers.

SECTION 2. DEFINITIONS.

For the purpose of this local law the following terms shall have the following meanings: a. "Advertised Price≅ shall mean the price of a SKI which a store has caused to be disseminated by means of promotional methods such as an in-store sign, newspaper, circular, television, or radio advertising; b. "Computer Assisted Checkout System" shall mean any electronic device, computer system, or machine which determines the selling price of a SKI by interpreting the item's UPC, or any other use of a price look-up function; c. ΑDirector" shall mean the Director of Weights and Measures of Livingston County; 107 d. ΑEnforcement officer≅ shall mean the Director of Weights and Measures of Livingston County; e. ΑHearing officer≅ shall mean the person so designated by the Livingston County Board of Supervisors. The Hearing Officer shall have such qualifications and experience as determined by the Livingston County Board of Supervisors; f. ΑInspector" shall mean an authorized representative of the Livingston County Bureau of Weights and Measures; g. "Item Price" shall mean the tag, stamp, or mark affixed by an authorized person to a SKI which sets forth, in Arabic numerals, the retail price thereof; h. "Price Look-Up Function" shall mean the capacity of any checkout system to determine the retail price of a SKI by way of the manual entry into the system of a code number assigned to that particular SKI by the store or the checkout operator's consultation of a file maintained at the point of sale; i. ΑRetail price≅ shall mean the lowest price of SKIs as determined by item, sale, shelf or advertised price of such SKI; j. "Sale Price" shall mean the price of SKIs offered for sale in good faith at a price below the price for which such SKIs are usually sold in that store; k. "Shelf Price" shall mean the sign or tag placed by an authorized person at each point of display of a SKU, which clearly sets forth the retail price of the SKIs within that SKU; l. "Stock-Keeping Item" (SKI) shall mean each item within a SKU being offered or exposed for sale; m. "Stock-Keeping Unit" (SKU) shall mean each group of items offered for sale of the same brand name, quantity of contents, retail price, and variety within; n. "Store≅ shall mean any establishment which offers SKUs for sale at retail. Each separate building within which such SKUs are offered for sale at retail shall constitute a separate store; o. "Store-Coded item" shall mean the application of an UPC to any SKI by that particular store; p. "Universal Product Code" (UPC) shall mean the digit figure depicted through the use of bars and spaces that may be scanned into pricing systems; and q. "Waiver" shall mean a waiver from item pricing issued pursuant to Section 10 of this local law.

SECTION 3. ITEM PRICING REQUIRED.

Every person, store, firm, partnership, corporation, or association which sells, offers for sale or exposes for sale at retail, SKUs, shall disclose to the consumer the item price of such SKUs, except as provided in Sections 4 or 10 of this local law, by causing to be conspicuously, clearly, and plainly marked, stamped, typed, or affixed thereto the retail price in Arabic numerals; except, however, that the provisions of this section shall not apply to a store that: a. has as its only full-time employees the owner or franchisee thereof, or the parent, spouse, or child of the owner or franchisee, or in addition thereto not more than two full-time employees; or 108

b. engages primarily in the sale of food for consumption on the premises; or c. holds a current waiver as provided in Section 10 of this local law.

SECTION 4. CERTAIN ITEMS EXEMPTED. a. The following SKIs need not be item priced as provided in Section 3 of this local law provided that a shelf price is posted at the point of display, consistent with Section 12 of this local law, and a price look-up function is maintained for such SKIs: i. SKIs within a multi-item package that are properly price marked; ii. Milk, cream, half-and-half, and other similarly packaged liquid dairy products and juices; iii. Eggs; iv. Unpackaged bulk or fresh produce; v. SKIs sold through a vending machine; vi. Food sold for consumption on the premises; vii. Snack foods, such as cakes, gum, candies, chips, and nuts offered for sale in single packages and weighing five ounces or less; viii. Cigarettes, cigars, tobacco, and tobacco products; ix. Frozen foods, gelatin, pudding and yogurt; x. Baby food in jars; xi. SKIs which weigh three ounces or less and are priced under one dollar; xii. Greeting cards, magazines, books, and periodicals; xiii. Live plants; xiv. Lumber, fencing, and bulk electrical wire; xv. Pet food weighing six ounces or less; xvi. Single drink bottles or cans located in a cooler; b. SKIs which must be purchased with the assistance of a sales person need not be item priced as provided in Section 3 of this local law, nor be shelf priced at the point of display. For purposes of this section, merely accepting payment for the merchandise does not constitute assistance.

SECTION 5. ITEM PRICING INSPECTIONS.

For the purpose of determining a store's compliance with Section 3 of this local law, an inspection shall be conducted of a sample of no fewer than fifty and no more than three hundred SKUs. The sample shall be selected by the inspector from a cross section of all SKUs offered for sale at the store inspected, exclusive of exempt SKUs.

SECTION 6. ITEM PRICING VIOLATIONS AND PENALTIES.

a. The failure to item price three or more SKIs of a particular SKU shall constitute a single violation. The failure to item price additional SKIs within the same SKU shall not constitute an additional violation. Each day a violation is continued shall constitute a separate violation.

b. Any store found in violation of Section 3 of this local law shall be subject to the following penalties: the store shall pay a penalty of $50.00 for each violation, but in no case shall the total penalty exceed $2,500.00. For a second or subsequent violation within a calendar year (January 1 through December 31), the above penalties shall be doubled, with a maximum total penalty of $5,000.00. 109

SECTION 7. PRICE ACCURACY REQUIRED.

No store shall charge a retail price for any exempt or non-exempt SKI which exceeds the lowest of any item, shelf, sale, or advertised price of such SKIs.

SECTION 8. PRICE ACCURACY INSPECTIONS. a. For any price accuracy inspection under this local law, the store representative shall afford the inspector access to the test mode of the computer-assisted checkout system in use at the store or to a comparable function of said system and to the retail price information contained in a price look-up system. b. In a store with a laser scanning or other computer-assisted checkout system, the inspector shall be permitted to compare the item, shelf, sale, or advertised price of any SKIs offered in the store, not to exceed 300 SKIs selected from a cross section of all SKUs offered for sale at the location at any one inspection, with the programmed computer price. The store shall provide such access to the computer as necessary for the inspector to make the determination. c. Price verification inspections shall be guided by the procedures outlined in "Examination Procedure for Price Verification" of the National Conference on Weights and Measures. d. Stop Removal Order. An inspector shall have the authority to issue a stop removal order with respect to any device, system, or stock keeping unit being used, handled, or offered for sale in violation of Section 3 or 7 of this Local Law. Any such order shall be in writing and direct that the device, system or stock keeping item, as the case may be, shall be removed from use or sale pending correction.

SECTION 9. PRICE VIOLATIONS AND PENALTIES. a. The following penalties are established for pricing accuracy inspection violation, based on a sample of not less than fifty nor more than three hundred stock keeping units. A violation exists when the programmed computer price exceeds the retail price. 1. 97% or better pricing accuracy, pricing corrected. 2. 96% or better but less than 97% pricing accuracy, a penalty of $250.00. 3. 95% or better but less than 96% pricing accuracy, a penalty of $500.00. 4. 94% or better but less than 95% pricing accuracy, a penalty of $750.00. 5. Below 94% pricing accuracy, a penalty of $1,000.00 b. For a second or subsequent violation within a calendar year (January 1 through December 31), the above penalties shall be doubled.

SECTION 10. WAIVER FROM ITEM PRICING. a. Every person, store, firm, partnership, corporation, or association which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in Section 3 of this local law may make application in writing to the Director for a waiver of said item pricing requirement. A separate application shall be required for each store. Each application shall be subject to a non-refundable processing fee to cover the cost of conducting scanner accuracy inspections as provided in subsection c of this section. The Director shall determine the processing fee and may revise it from time to time to reflect said costs, but in no case shall said fee exceed 110

$1,000.00 per application. b. Waiver applications and the required fee must be received at the Bureau of Weights and Measures on or before January 1, 2000 and on or before each January I thereafter. Stores which fail to comply will be subject to all the provisions contained within Section 3. New stores or establishments which did not previously hold waivers may apply after the January 1 deadline and the application fee and the length of waiver will be appropriately adjusted. c . Upon receipt of an application and fee as provided in subsection a of this section, the Director shall cause to be conducted a scanner accuracy inspection of the store for which the application has been submitted. This inspection shall be conducted in the manner prescribed in Section 8 of this local law. In the event that any violations are detected, penalties shall be assessed as provided in Section 9 of this local law. If the number of SKIs found to be in violation does not exceed two percent of all SKIs inspected, the Director shall grant to the applicant a one year revocable waiver from the item pricing requirement. Any store with a current waiver shall be exempt from the requirements of Section 3 of this local law. d. A waiver from item pricing shall be valid for a period of one year from the date of issuance. Stores may reapply annually for renewal of a waiver. A processing fee and inspection shall be required for each annual renewal application, as required for an original waiver application. e. In the event that total violations in excess of two percent are discovered in the inspection provided for in subsections c or d of this section, the director shall not grant a waiver to the applicant. Such a store must take corrective action to pass an inspection within 30 days, or they shall forfeit the processing fee. Stores found to be in compliance within thirty days upon a second inspection shall not be required to pay a second processing fee. Stores not in compliance after thirty days may reapply for a waiver by forwarding a second application and processing fee to the Director of Weights and Measures. Stores which do not reapply must he in compliance with all the requirements of Section 3 within 60 days from the date of failure of the inspection. f. In the event that the director is unable to conduct inspections pursuant to subsection c or d of this section within 30 days of receipt of a complete waiver application and proper processing fee, the Director shall grant a temporary waiver, pending completion of the inspection. The Director shall cause said inspection to be completed as soon as practicable. If upon completion, the inspection detects a violation rate of two percent or less, the Director shall issue a regular waiver with an expiration date one year from the commencement date of the temporary waiver. If the inspection detects a violation rate in excess of two percent, the temporary waiver shall be immediately revoked and the provisions of subsection e of this section shall apply. g. As a condition of the waiver from item pricing pursuant to this section, each store which accepts a waiver must agree to meet the following requirements, and no regular or temporary waiver shall be granted to a store which has not agreed to these requirements in writing:

i. The store shall designate and make available a price check scanner to enable consumers to confirm the price of a SKI. This price check scanner shall be in a location convenient to consumers with a sign of sufficient sized lettering identifying it to the consumers. Stores will submit their proposed sign and device location to the Director for approval;

ii. The store shall not charge any customer a price for any SKI which exceeds the item, shelf, sale, or advertised price of that SKI, whichever is least;

iii. The store shall cause to be posted in conspicuous location (s) , accessible by all consumers and approved by the Director, sign(s) explaining the rights of consumers concerning this Local Law. The

Director will specify the content, size and number of sign(s) by regulation. The store is also required to post the temporary or annual waiver, along with a copy of this local law and any regulations promulgated there to by the Director, in the area designated for handling price discrepancies;

iv. The store shall make a good faith effort to resolve all legitimate complaints of overcharges, and make payment to consumers who have been overcharged. The overcharged consumer shall be entitled to a payment of ten (10) times the overcharge or $1.00, whichever is greater. Each store is required to designate at least one individual who is authorized to issue these payments during all of the store's operating hours. Failure to make such effort or make such payments may be grounds for the Director to revoke that store location's waiver from item pricing; and

v. The store shall correct all pricing errors identified by consumers at store level within three hours and, if applicable, at their firm, partnership, corporation, or association within 24 hours. h. In no event shall any store, person, firm, partnership, corporation or association which has been granted a waiver for item pricing under this Section be relieved of the requirements of Section 7 of this Local Law.

SECTION 11. REVOCATION OF WAIVER. a. The Director may revoke a waiver from item pricing for any of the following reasons:

I. Failure to comply with any provision of Sections 10 or 12 of this local law; ii. Deliberate overcharging of any consumer; and iii. Material misrepresentation in the application for a waiver. b. A store which has had its waiver revoked pursuant to this section may not reapply for a new waiver for a period of twelve months following the date of revocation. This store location must be in compliance with Section 3 of this local law within 60 days from the date of the revocation notification.

SECTION 12. READABLE SHELF LABELS REQUIRED. a. Any store which has been granted a waiver from item pricing pursuant to Section 10 of this local law shall provide a clear and readable shelf label for every SKU. b. The director may, by regulation, specify standard shape, typeface, placement, and format of shelf labels, and may set other requirements to ensure the readability of shelf labels and the ability of consumers to identify which shelf label applies to each SKU. c. No provision of this section shall be construed to diminish the requirements of Section 214-h of the Agriculture and Markets Law. If any provisions of this section of this local law conflicts with Section 214-h of the Agriculture and Markets Law, the Agriculture and Markets Law shall control.

SECTION 13. PENALTIES FOR FAILURE TO PROVIDE PROPER SHELF LABELING

In the event that shelf labels do not conform with the provisions of Section 12 of this local law, the store will be subject to the following penalties. For violations of the provisions of Section 12 of this local law, a penalty in the amount of $10.00 per violation shall be imposed, but in no event shall the total penalty for all violations identified at such first inspection exceed $500.00. For a second or subsequent violation within a calendar year (January 1 through December 31), the above penalties shall be doubled, up to a maximum of $2,000.00 per inspection. Each 112

SKU for which proper shelf labeling is not provided shall constitute a separate violation. Every day a violation is continued shall constitute a separate violation.

SECTION 14. ENFORCEMENT BY DIRECTOR. a. The Legislature & Agriculture Affairs Committee of the Livingston County Board of Supervisors shall have the authority to promulgate such regulations as are necessary to carry out the purposes of this local law. This local law and the regulations promulgated thereunder shall be enforced by the Director, and made available to consumers as specified in Section 10. b. The Director shall, within available appropriations, cause retail stores to be inspected to ensure compliance with this local law. c. Upon finding a violation of the provisions of this local law, or of the rules and regulations promulgated hereunder, the Director shall expeditiously attempt to correct the same.

SECTION 15. HEARINGS AND APPEALS. a. When the Director believes a violation has occurred, a hearing may be held to determine if a violation of this Local Law has occurred. b. The Hearing Officer and/or his designee, may issue subpoenas and administer oaths in connection with any hearing under this Local Law and shall issue subpoenas at the request of and upon behalf of the respondent. c. The Hearing Officer and/or his designee shall not be bound by the laws of evidence in the conduct of hearing proceedings, but the findings shall be founded upon sufficient legal evidence to sustain them.

d. Written notice of hearing shall be served at least fifteen days prior to the date of the hearing.

e. Service of notice of hearing shall be made by personal service or by registered or certified mail. Where service is made upon a partnership, corporation, governmental subdivision, association, board or commission, it shall be made upon the person or persons designated to receive personal service by article three of the civil practice law and rules.

f. Such notice shall contain a concise statement of the facts constituting the alleged violation and shall set forth the date, time and place that the hearing will be held. The Hearing Officer shall also serve a stipulation offer to the respondent for the respondent=s first violation within any calendar year (January 1 through December 31). The stipulation offer shall allow the respondent to enter into a stipulation with the Director, agreeing to correct the violation under the terms and conditions set forth in the stipulation offer. One condition of the stipulation offer shall be payment by the respondent of an administrative penalty in the amount of 50% of the penalty that would otherwise have been imposed if the respondent had been found to have committed the violations complained of.

g. At the hearing, the respondent may appear personally, shall have the right to counsel, and may cross-examine witnesses against him and produce evidence and witnesses in his behalf.

h. Following the hearing, the Hearing Officer shall make findings and recommendations and present same to the Enforcement Officer.

I. If the Hearing officer determines a violation has occurred, the Enforcement Officer may impose a civil penalty pursuant to applicable sections of this Local Law. 113 j. The decision of the Hearing Officer shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. k. The Livingston County Board of Supervisors may authorize the Enforcement Officer, through the County Attorney's Office, subsequent to any appeal having been finally determined, to bring an action to recover the civil penalty provided in applicable sections of this Local Law.

SECTION 16. SEVERABILITY.

If any provision, clause, sentence or paragraph of this Local Law or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Local Law which can be given effect without the valid provision or application, and to this end the provisions of this Local Law are declared to be severable.

SECTION 17. CONSTRUCTION.

This local law shall be construed liberally so as to provide maximum protection to the consumers of Livingston County.

SECTION 18. EFFECTIVE DATE.

This local law shall be effective upon filing with the Secretary of State.

The County Attorney explained that the law will insure that the scanners within Livingston County are accurate. Mr. Jaeger requested an explanation of the items exempted from the law.

RESOLUTION NO. 99-172. APPROVING ABSTRACT OF CLAIMS #5B - MAY 26, 1999 Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #5B dated May 26, 1999 in the total amount of $908,275.03. Dated at Geneseo, New York May 26, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

PRIVILEGE OF THE FLOOR 1. Mt. Morris Police Chief Charles DiPasquale presented an overview of the establishment of the Livingston County Law Enforcement Council. Chief DiPasquale stated that Sheriff York had requested a meeting to see if there was a need to form a Law Enforcement Council in Livingston County. Monroe County has a Council and has gained a lot from the agencies communicating with one another. Chief DiPasquale stated that he believes there is a definite benefit to get all the law enforcement agencies within the County together in one forum to discuss issues at hand. The Executive Committee Law Enforcement Council will meet the third Tuesday of each month at 9:30 a.m. The full Council will meet on the Third Tuesday during the months of January, April, July and November. The location varies. Mr. Moore stated he has been involved in the initial process of establishing the Law Enforcement Council and believes the Council will only enhance the public safety within Livingston County. Mr. Daley, as Chairman of the Public Safety Committee, concurred with Mr. Moore.

114

RESOLUTION NO. 99-173. CREATING THE LIVINGSTON COUNTY LAW ENFORCEMENT COUNCIL Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors desires to promote coordinated law enforcement services throughout the County of Livingston, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors creates the Livingston County Law Enforcement Council, and it is further RESOLVED, that the functions, membership and organization of the Council shall be as set forth on the attached policy statement. Dated at Geneseo, New York May 26, 1999 Public Safety Committee

LIVINGSTON COUNTY LAW ENFORCEMENT COUNCIL (LEC)

The Livingston County Board of Supervisors by Resolution No. 99-173 dated May 26, 1999, creates and authorizes the Livingston County Law Enforcement Council (LEC).

STATEMENT OF PURPOSE

The purpose of the Livingston County LEC is to work collectively with the Livingston County Board of Supervisors, County Administrator and local governing bodies on issues relating to law enforcement services and the implementation and coordination of such services throughout the County of Livingston.

On matters that affect law enforcement, the Board of Supervisors, the County Administrator and the Public Safety Committee work collectively with the LEC.

FUNCTIONS

By resolution, the Livingston County Board of Supervisors defines the functions of the LEC as follows: 1. To work collectively with the Board of Supervisors, the County Administrator, or their designee on matters concerning law enforcement and public safety issues. 2. To discuss, advise and make recommendations on matters which affect law enforcement and public safety throughout the County. 3. Upon request by the County Administrator, participate in the interview and selection process for appointments to positions created through the LEC=s efforts. 4. To review, discuss and develop budget requests for any law enforcement programs proposed by the LEC.

COORDINATION

The most positive and measurable by-product of the LEC is the inter-agency dialogue and coordination that will be developed at the Local, County, State and Federal law enforcement level.

EXECUTIVE COMMITTEE

The Executive Committee of the LEC will consist of the chief law enforcement executive of each police jurisdiction serving in Livingston County, including the Sheriff, District Attorney and the County Administrator. 115

Membership by local Village and Town Departments shall be upon resolution of the local legislative body of said jurisdiction.

LEADERSHIP

The LEC will have an elected Chairman and Vice Chairman who shall be elected by the Executive Committee from the Executive Committee membership.

ORGANIZATION

The LEC=s Executive Committee will meet the third Tuesday of each month. The full LEC will meet on the third Tuesday during the months of January, April, July and November. The meeting time and location will be made in writing to each participant. The LEC meeting will consist of two sections: the General Meeting and the Executive Committee Meeting. In the General meeting, representatives from Federal, State, County and Local agencies report on operational and support matters which affect Criminal Justice in Livingston County. During the Executive Committee meeting, business shall be conducted as per the Council=s defined functions. The LEC may also function through the designation of standing committees. Committee assignments will be made by the Chairman as recommended by the Executive Committee. These Committee(s) shall advise the Executive Committee on specific law enforcement matters. The following membership will make up the LEC Executive Committee: Avon Police Department Caledonia Police Department Dansville Police Department Geneseo Police Department Mt. Morris Police Department Nunda Police Department Livingston County Administrator Livingston County District Attorney=s Office Livingston County Sheriff=s Office NYS Department of Environmental Conservation Police, Captain, Region 8, Avon New York State Park Police, Chief, Letchworth State Park New York State Police, Major, Troop E, Canandaigua, NY New York State University Police Department, Director, Geneseo, NY Recommended attendees, but not Executive Council Members are as follows: Livingston County Board of Supervisor=s Representation Public Safety Committee Chairman of the Livingston County Board of Supervisors The Drug Enforcement Administration, Rochester, NY US Secret Service Office, Rochester, NY Internal Revenue Service Criminal Investigation Division, Rochester, NY Federal Bureau of Investigation Field Office, Rochester, NY Livingston County Probation Department, Geneseo, NY New York State Liquor Authority Livingston County Office of Emergency Management Services New York State Division of Parole, Rochester Office Livingston County Coroners United States Marshall=s Office, Western NY District, Rochester, NY United States Attorney=s Office, Rochester, NY 116

Superintendent Groveland Correctional Facility Superintendent Livingston Correctional Facility United States Customs, Buffalo, NY United States Border Patrol Immigration and Naturalization Service The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-174. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. A 1999 - A LOCAL LAW IN RELATION TO ITEM PRICING AND SCANNER ACCURACY IN RETAIL ESTABLISHMENTS Mr. Davis presented the following resolution and moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on May 26, 1999, a proposed Local Law entitled Local Law A 1999, a Local Law in Relation to Item Pricing and Scanner Accuracy in Retail Establishments, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 9th day of June, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York May 26, 1999 Agriculture Committee Mr. Bassage questioned whether the establishments had been notified of the proposed law, and stated he would be notifying the establishments within the Town of Lima. The County Attorney responded that it presently is by word of mouth. Mr. Layland stated that he does not believe that a law is needed for this and suggested to let the newspapers publicize the inspection results. Mr. Daley stated the County cannot print those results without reason and a local law would authorize the publication. Mr. Jaeger questioned whether the Division of Food Control has any responsibility of inspecting scanner accuracy. Michael Cloonan, Director of Weights and Measures, stated that the State does not have any agency enforcing scanner accuracy. Mr. Essler stated that if the law is adopted, the County must take the responsibility of insuring that every establishment is inspected. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-175. AWARDING BID FOR LIVINGSTON COUNTY HIGHWAY FACILITY - ELECTRICAL Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the Livingston County Highway Facility - Electrical, eleven bids were received, then opened on May 19, 1999, now, therefore, be it RESOLVED, that the bid of Wise Electric, Inc. of 244 West Water Street, Elmira, NY 14902, in an amount not to exceed Three Hundred Thirteen Thousand Two Hundred Dollars ($313,200.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 26, 1999 Buildings Committee Mark Balling of Bovis Construction Corp. answered questions from the Board with regard to the contracts for the Livingston County Highway Facility. Mr. Balling stated that the ground breaking is expected sometime in June and the project should be completed early next year. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted. 117

RESOLUTION NO. 99-176. AWARDING BID FOR LIVINGSTON COUNTY HIGHWAY FACILITY - GENERAL CONSTRUCTION Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the Livingston County Highway Facility - General Construction, seven bids were received, then opened on May 19, 1999, now, therefore, be it RESOLVED, that the bid of Whitney East, Inc. of 1504 Scottsville Road, Rochester, NY 14623, in an amount not to exceed One Million Two Hundred Twelve Thousand Fifty Dollars ($1,212,050.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 26, 1999 Buildings Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-177. AWARDING BID FOR LIVINGSTON COUNTY HIGHWAY FACILITY - HVAC Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the Livingston County Highway Facility - HVAC, twelve bids were received, then opened on May 19, 1999, now, therefore, be it RESOLVED, that the bid of Lawman Heating and Cooling, Inc. of 713 Smith Street, Rochester, NY 14606- 1021, in an amount not to exceed Two Hundred Sixty-Four Thousand Seven Hundred Thirteen Dollars ($264,713.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 26, 1999 Buildings Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-178. AWARDING BID FOR LIVINGSTON COUNTY HIGHWAY FACILITY - PRE-ENGINEERED METAL BUILDING Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the Livingston County Highway Facility - Pre- Engineered Metal Building, two bids were received, then opened on May 19, 1999, now, therefore, be it RESOLVED, that the bid of Fast Trak Structures of 107 Lincoln Parkway, P. O. Box 29, East Rochester, NY 14445-0029, in an amount not to exceed One Million Two Hundred Forty-Nine Thousand Nine Hundred Eighty Dollars ($1,249,980.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 26, 1999 Buildings Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-179. AUTHORIZING TRANSFER OF FUNDS - CONTINGENCY/CAPITAL FUND, DATA PROCESSING, HAMPTON CORNERS, OFFICE FOR AGING, RISK RETENTION, SHERIFF 118

Mr. Marks presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York May 26, 1999 Finance Committee The County Administrator explained the transfer for Data Processing was to replace computers that are not Y2K compliant. An amount of $150,000 is recommended to be transferred from Appropriated Fund Balance to cover the shortfall of the Highway Facility budget. The County Administrator explained that the Highway Development Team made significant changes to the project to reduce the budget. The remaining resolutions are general housekeeping transactions. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-180. INCREASING CAPITAL PROJECT - HAMPTON CORNERS Mr. Marks presented the following resolution and moved its adoption: WHEREAS, the Hampton Corners Development Project Team has reviewed the construction bids and budget for the proposed Highway Facility to be constructed at Hampton Corners, and WHEREAS, in order to complete this project to the desired level, additional funding will be required, now, therefore, be it RESOLVED, that the County Treasurer is hereby authorized to increase Capital Project H5011.2900 in the amount of $150,000 from Estimated Revenue H5011.5031. Dated at Geneseo, New York May 26, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-181. APPROVING APPORTIONMENT OF THE MORTGAGE TAX RECEIPTS - OCTOBER 2, 1998 THROUGH MARCH 31, 1999 Mr. Marks presented the following resolution and moved its adoption: WHEREAS, the Finance Committee submits the following report on Apportionment of the Mortgage Tax receipts for the period October 2, 1998 through March 31, 1999, among the several Towns and Villages of the County, it is hereby RESOLVED, that the County Treasurer be and hereby is directed to pay to the various municipalities the amount set forth herein:

TAX DISTRICT AMOUNT DISTRIBUTED DISTRIBUTED TO TOWNS TO VILLAGES

AVON 42,070.97 32,876.06 9,194.91 CALEDONIA 39,314.98 30,613.26 8,701.72 CONESUS 24,975.64 24,975.64 GENESEO 60,153.98 45,797.57 14,356.41 GROVELAND 13,555.08 13,555.08 LEICESTER 13,222.58 11,992.18 1,230.40 LIMA 37,881.50 30,970.91 6,910.59 LIVONIA 89,562.86 83,359.51 6,203.35 MT. MORRIS 23,293.00 16,276.05 7,016.95 NORTH DANSVILLE 26,649.70 16,475.63 10,174.07 119

NUNDA 16,417.40 13,463.45 2,953.95 OSSIAN 5,429.98 5,429.98 PORTAGE 4,208.61 4,208.61 SPARTA 12,769.01 12,769.01 SPRINGWATER 12,610.71 12,610.71 WEST SPARTA 7,399.82 7,399.82 YORK 20,511.67 20,511.67

$ 450,027.49 $383,285.14 $ 66,742.35 Dated at Geneseo, New York May 26, 1999 Finance Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-182. AUTHORIZING CONTRACT WITH SUNY RESEARCH FOUNDATION FOR ANALYSIS OF AQUATIC WEED GROWTH IN CONESUS LAKE - CLAWS X Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, Livingston County desires to have an analysis of aquatic weed growth in Conesus Lake; and WHEREAS, Dr. Isidro Bosch of SUNY Geneseo and Dr. Joseph Makarewicz of SUNY Brockport have the required professional expertise and experience to study aquatic vegetation and water quality in Conesus Lake; and WHEREAS, there are grant funds available from the CLAWS X grant; now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors be, and he hereby is, authorized to sign a contract with the SUNY Research Foundation, after review by the County Attorney and County Administrator. Dated at Geneseo, New York May 26, 1999 Legislative Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99-183. AUTHORIZING CONVEYANCE OF COUNTY PROPERTIES ACQUIRED BY TAX DEEDS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, the County of Livingston has acquired title by tax deed to the following parcels of land, and WHEREAS, the Livingston County Board of Supervisors' Tax Committee has auctioned said parcels, it is hereby RESOLVED, that the following conveyances be approved: Tax Map No. 44.5-1-3 Town of Avon Formerly owned by and/or assessed to: James B. & Wife (Mary L.) Slocume Conveyed to: Michael Hanson Amt. $1,500.00

Tax Map No. 129.-1-55 Town of Conesus Formerly owned by and/or assessed to: Francis J. & Wf. (Joanne M.) Batz Conveyed to: Trathen Logging Company, Inc. Amt. $1,800.00

Tax Map No. 138.-2-69 Town of Springwater Formerly owned by and/or assessed to: Arshad Hussain Conveyed to: Mario Dragani Amt. $100.00

Tax Map No.152.-1-58.2 Town of Springwater Formerly owned by and/or assessed to: Lance F. Nash 120

Conveyed to: John Mazzo Amt. $1,800.00 Tax Map No. 152.-1-58.3 Town of Springwater Formerly owned by and/or assessed to: Mark Nash Conveyed to: Larry Canute Amt. $3,000.00 and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute the quit-claim deed of conveyances and any and all related documents prepared by the County Attorney to complete the aforesaid conveyances. Dated at Geneseo, New York May 26, 1999 Tax Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

OTHER BUSINESS 1. Mr. Kramer announced that the Tax Committee auctioned the aforementioned parcels, however, one parcel did not sell in the Town of Nunda. Mr. Kramer proposed that the Board consider transferring the property to the Town of Nunda. Nunda Supervisor Richard Essler will discuss this matter with the Town Board. 2. The County Administrator distributed information (on file) regarding the sales tax on college textbook legislation and Medicaid Cost Containment and explained the serious impact these two issues have on Livingston County. The County Administrator stated that if the Medicaid Cost Containment issue is not resolved by June 30, it could result in a 11.3% increase in County property taxes resulting in an estimated $1.6 million the County would have to absorb. The County Administrator urged the Board of Supervisors to contact their State Legislative representatives. The Finance Committee has been made aware of this and will be reviewing the matter in the near future.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Olverd to adjourn until Wednesday, June 9, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:25 p.m. 121

REGULAR BOARD MEETING WEDNESDAY, JUNE 9, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Messrs. Daley and Essler.

The Pledge of Allegiance.

MINUTES Minutes of 5/26/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. GLOW Regional Solid Waste Management Committee Financial Statements, December 31, 1998 are on file.

PUBLIC HEARING - 1:35 PM

LOCAL LAW NO. A 1999 - A LOCAL LAW IN RELATION TO ITEM PRICING AND SCANNER ACCURACY IN RETAIL ESTABLISHMENTS

The Chairman directed Michael Cloonan, Director of Weights and Measures, to provide an overview of the history of the development of the Local Law and the highlights contained in the Law. M. Cloonan stated that sixteen counties (the majority are downstate) presently have a similar law. M. Cloonan reviewed the highlights of the Law and provided some scanner inspection statistical information from 1995 to present.

The Chairman asked if anyone wished to speak regarding the Public Hearing for the Local Law in Relation to Item Pricing and Scanner Accuracy in Retail Establishments.

1. Clair Milburn, of Milburn Big M, Lima, New York - opposed to item pricing and the waiver fee 2. Rita Glongy, Avon Wegmans Manager - opposed to item pricing and the annual waiver fee, in support of some type of pricing scanner accuracy law but not as written 3. Roger (?), consumer - supported item pricing 4. Nancy M. Greco of West=s Shurfine in Livonia - opposed to item pricing and waiver fees but supported some type of pricing accuracy law 5. Frank West, owner of West=s Shurfine in Livonia - opposed to item pricing and but supported some type of pricing accuracy law but not as written 6. Laura Charron, Manager of Avon Tops Market - opposed to item pricing but supported some type of regular inspection

Mr. Layland moved and Mr. Bassage seconded to move the orders of the day. Specifically, to move the motion to vote on Local Law No. A 1999 from the end of the meeting to this part of the meeting. Carried.

Mr. Merrick asked the Board of Supervisors if they had any further discussion on the matter.

1. Caledonia Supervisor James Layland stated that the majority of stores monitor themselves and those establishments that are not obtaining a good rating should be monitored and the results published in the newspapers. Mr. Layland believed that the payment of ten times the overcharge or $1.00, whichever is 122

greater, is excessive. Mr. Layland stated he would be voting no on this Local Law. 2. Sparta Supervisor Leopold Marks stated that the sections with regard to item pricing and the waiver fees should be reviewed. 3. Geneseo Supervisor W. Harold Stewart, and a member of the Agriculture Committee, commented that several stores within the County do a good job with pricing accuracy; however, the Agriculture Committee observed that there had been a error against the consumer over a long period of time and determined that the Board would not be responsible if they had ignored the issue. 4. Mt. Morris Supervisor James F. Olverd agreed with the price accuracy inspection; however, he believed the cost of the item pricing would be passed onto the consumers. 5. Portage Supervisor Ivan C. Davis, and the Chairman of the Agriculture Committee, stated he concurred with Mr. Stewart, and he commented that the waiver fee cannot exceed $1,000. Mr. Davis stated he had talked with 69 different consumers and all were in favor of enactment of this Law. 6. Lima Supervisor Lance H. Bassage stated that he believed the waiver fee only adds additional costs to the consumer, the exemption list was excessive and vague, and he has not heard that pricing accuracy has been a widespread problem throughout the County. Mr. Bassage stated that it appears that the County will have to hire additional staff to enforce this Law, and that he would be voting no on this Law. 7. Livonia Supervisor Timothy R. Wahl did not agree with the payment of ten times the overcharge or $1.00, whichever is greater and stated he would be voting no as the Law is written. Mr. Wahl recommended to refer the Law back to the Agriculture Committee for review. 8. Ossian Supervisor Emery Jaeger stated he would be voting no because he did not believe that a need had been determined. 9. Geneseo Supervisor W. Harold Stewart stated again that the error against the consumer is increasing and this Law will protect the consumers in Livingston County and recommended that the Law be adopted. 10. Portage Supervisor Ivan C. Davis requested that Michael Cloonan explain the recent complaints that the Department of Weights and Measures had received in the past few months. M. Cloonan explained the type of complaints and stated that he is receiving approximately 3-4 complaints a week. 11. York Supervisor Dennis R. House and member of the Agriculture Committee stated that he would be voting no on the proposed Law as written and recommended to refer the Law back to the Agriculture Committee for review. 12. Springwater Supervisor Howard J. Kramer recommended that the Law be tabled. 13. Chairman of the Board and Groveland Supervisor James C. Merrick stated he had attended the Agriculture Committee meetings when the Committee was developing this Law, and after hearing the public comments, Mr. Merrick agreed with the other Supervisors that the Law needs more review and input from business establishments.

Mr. Moore moved and Mr. Marks seconded to table this Local Law indefinitely and refer the matter back to the Agriculture Committee for further review. Carried.

The Chairman declared the public hearing closed.

RESOLUTION NO. 99-184. APPROVING ABSTRACT OF CLAIMS #6A - JUNE 9, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #6A dated June 9, 1999 in the total amount of $1,037,899.61. Dated at Geneseo, New York June 9, 1999 Finance Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

123

PRIVILEGE OF THE FLOOR 1. Frank Bassett, Sr. Nursing Home Administrator, presented the 1998 Annual Report for the Health Care Facilities (on file) and demonstrated a video tape of a commercial of the Health Care Facilities.

Mr. Bassage questioned whether it was proper to entertain motions during a public hearing. The County Attorney clarified that both motions would take precedence and could be entertained by the Chairman during a public hearing.

RESOLUTION NO. 99-185. AUTHORIZING A CONTRACT EXTENSION WITH NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE PETROLEUM QUALITY TEST PROGRAM Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract extension with the Department of Agriculture and Markets for the Petroleum Quality Test Program for the period April 1, 1999 through March 31, 2000, subject to review by the County Administrator and County Attorney. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York June 9, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-186. AWARDING BID FOR LIVINGSTON COUNTY HIGHWAY FACILITY - PLUMBING Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the Livingston County Highway Facility - Plumbing, six bids were received, then opened on May 19, 1999, now, therefore, be it RESOLVED, that the bid of Dixon Mechanical, Inc. of 190 Murray Street, Rochester, NY 14606, in an amount not to exceed Two Hundred Twenty Eight Thousand Eight Hundred Dollars ($228,800.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York June 9, 1999 Buildings and Finance Committees The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-187. AUTHORIZING TRANSFER OF FUNDS - MENTAL HEALTH, OFFICE FOR THE AGING, PLANNING, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York June 9, 1999 Finance Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-188. CLOSING CAPITAL PROJECT - SHERIFF===S MOBILE DATA Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Capital Project H3152.2900 Sheriff=s Mobile Data project has been completed, be it now 124

RESOLVED, that the County Treasurer be authorized to close the above-named capital project. Dated at Geneseo, New York June 9, 1999 Finance Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-189. DECLARING SURPLUS PROPERTY - DATA PROCESSING, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator:

DATA PROCESSING Wang 5574 Model 1 Printer 26C- 40416 Wang 5577 Printer PV 2531

SHERIFF Long sleeve shirts (gray) 210 Short sleeve shirts (gray) 180 Winter pants (gray) 265 Summer pants (gray) 160 Blouse coats (gray) 14 Stetson hats (gray) 57 Dated at Geneseo, New York June 9, 1999 Finance Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-190. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN AMENDED SUBCONTRACT BETWEEN HEALTH RESEARCH INC. (HRI) AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE TOBACCO CONTROL COALITION Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an amended subcontract between Health Research Inc. (HRI) and the Livingston County Department of Health for the Tobacco Control Coalition, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York June 9, 1999 Health Committee The roll was called as follows: Ayes - 1,448; Noes - Kramer, 78; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-191. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN AGREEMENT BETWEEN THE CONESUS LAKE NURSING HOME AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH HOSPICE PROGRAM FOR NURSING FACILITY CARE 125

Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an agreement between the Conesus Lake Nursing Home and the Livingston County Department of Health Hospice Program for Nursing Facility Care, commencing on the date of execution by both parties and remaining continuous until revised or terminated, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York June 9, 1999 Health Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-192. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH, CERTIFIED HOME HEALTH AGENCY AND DEBORAH STROLLO, BSW FOR SOCIAL WORK SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between the Livingston County Department of Health, Certified Home Health Agency and Deborah Strollo, BSW, of Perry, NY for Social Work Services, commencing on June 1, 1999 and terminating on May 31, 2001, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York June 9, 1999 Health Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-193. SUPPORTING THE ELIMINATION OF THE SUNSET PROVISION OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND ( LGRMIF) Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York=s more than 4,300 local governments, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the LGRMIF operated successfully and supported essential advisement and grants projects to improve the management of records and information in local governments, and WHEREAS, the New York State Legislature in 1995 extended the sunset date to December 31, 2000, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments as no cost to the taxpayers, and WHEREAS, Livingston County has benefited from technical assistance, training, publications and 8 grants totaling $281,416 supported by the LGRMIF, and WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of Livingston County, therefore, be it RESOLVED, that the Livingston County Board of Supervisors supports the elimination of said sunset provision of December 31, 2000 in order to make the LGRMIF permanent. Dated at Geneseo, New York June 9, 1999 Judicial Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted. RESOLUTION NO. 99-194. SUPPORTING STATE LEGISLATION INCLUDING CONSECUTIVE 126

SENTENCES FOR SERIAL RAPISTS (A.2913), EXPANSION OF THE DNA IDENTIFICATION INDEX (A.2974A), SEXUAL ASSAULT REFORM ACT (A.3062-A), AND CIVIL CONFINEMENT OF SEXUALLY VIOLENT PREDATORS (A.3395) TO PROVIDE ADDITIONAL PROTECTION TO OUR SOCIETY Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, we the undersigned members of the Livingston County Board of Supervisors support initiatives that will extend a greater realm of protection to members of our society; and WHEREAS, Governor George Pataki=s comprehensive package of criminal justice reform measures are aimed at strengthening penalties and providing better enforcement tools in the fight against sexual assault, rape and child abuse; and WHEREAS, in the interest of safety and protection, the Livingston County Board of Supervisors is in favor of the above criminal justice reform package and advocates for the immediate passage of such legislation; and WHEREAS, three of the four initiatives have already passed the New York State Senate, but all are still pending action in the New York State Assembly; and WHEREAS, this important state legislation includes: Expansion of the DNA Database to require convicted felons to submit DNA samples, Sexual Assault Reform Act to give women greater protection from rape and sexual assault, Civil Confinement of Sexually Violent Predators who are prone to repeat offenses such as rape and child abuse, and Consecutive Sentences for Serial Rapists to ensure that serial rapists serve time for each rape, not just one; and WHEREAS, on April 19, 1999, in accordance with Article III Section 18 of the State Constitution and Article 2-A of the Legislative Law, certain members of the New York State Assembly delivered to the Clerk of the Assembly a request for the convening of the New York State Legislature in extraordinary session to consider and act upon Consecutive Sentences for Serial Rapists (A.2913, Ravitz), Expansion of the DNA Identification Index (A.2974-A, Faso), Sexual Assault Reform Act (A.3062-A, Seaman), Civil Confinement of Sexually Violent Predators (A.3395, Seaman); and WHEREAS, pursuant to said Constitutional and Legislative Law provisions, an extraordinary session shall be convened when two-thirds of the members of each house of the legislature sign a petition requesting such an extraordinary session; and WHEREAS, the Livingston County Board of Supervisors fully supports any effort that advocates the timely passage of the above mentioned legislation; NOW, THEREFORE, BE IT RESOLVED, that the Livingston County Board of Supervisors does hereby endorse and support the above mentioned legislation now before the New York State Legislature, which would undoubtedly provide additional safety provisions to our society; AND, BE IT FURTHER RESOLVED, that the Livingston County Board of Supervisors does hereby urge the New York State Legislature, namely the New York State Assembly, and the individual Assembly members thereof, to execute the appropriate petition and to convene in an extraordinary session to immediately act on the above mentioned legislative initiatives; AND, BE IT FURTHER RESOLVED, that the Livingston County Board of Supervisors does hereby direct that this statement of its will and intent be sent to and circulated among the leadership of the New York State Legislature and those lawmakers who represent the County in that body. Dated at Geneseo, New York June 9, 1999 Judicial Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-195. AUTHORIZING CHAIRMAN TO SIGN FFY 2000 CSBG CONTRACT WITH NEW YORK STATE DEPARTMENT OF STATE Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the New York State Department of State has awarded Federal Fiscal Year 2000 Community Services Block Grant funds to Livingston County; and 127

WHEREAS, the Community Initiatives Council has allocated these funds to human service agencies in Livingston County; now therefore be it RESOLVED, that the Chairman of the Board of Supervisors be, and he hereby is, authorized to sign the FFY 2000 CSBG contract, and amendments thereto, with the New York State Department of State, after review by the County Attorney and County Administrator; and be it further RESOLVED, that the Planning Director be, and he hereby is authorized to sign FFY 2000 Delegate Agency Agreements with CSBG delegate agencies, pursuant to said contract with the New York State Department of State, after review by the County Attorney and County Administrator; and be it further RESOLVED, that the Planning Director shall be the authorized representative to sign CSBG Financial Reports, Program Reports, and Vouchers. Copy of contracts on file in Clerk=s office. Dated at Geneseo, New York June 9, 1999 Legislative Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-196. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD - SPRUNG, MACKAY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby appointed to the Livingston County Traffic Safety Board for the term designated: NAME AND REPRESENTATION TERM EXPIRATION Sgt. Joan Sprung, 4638 Route 63, Geneseo, NY 14454 12/31/99 New York State Police

Mike McKay, 3040 Idas Lane, Caledonia, NY 14423 12/31/01 Village of Caledonia Dated at Geneseo, New York June 9, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-197. AWARDING BID FOR MEAT USED BY THE LIVINGSTON COUNTY JAIL Mr. Moore presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for meat for the Livingston County Jail, five bids were received, then opened on May 17, 1999, now, therefore, be it RESOLVED, that the bid of Leon Kastner Meats of 774 Jay Street, Rochester, New York 14611, be awarded according to prices on file in the Office of the County Administrator. This award shall be effective June 1, 1999 and terminate May 31, 2000, and be it further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a contract with Leon Kastner Meats, subject to review by the County Administrator and County Attorney. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York June 9, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-198. AUTHORIZING ADDITIONAL EXPENDITURE TO THE R.G. BURNS 128

CONTRACT Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, some additional control work needs to be accomplished to fully utilize the SCADA System for the Water District, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes the additional expenditure for the SCADA system in an amount not to exceed $13,000.00. Dated at Geneseo, New York June 9, 1999 Public Works Committee Cathy Muscarella, Public Works Director, explained that this resolution authorizes additional expenditure for the radio link to the computer system and that a change order will be forthcoming. The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

RESOLUTION NO. 99-199. AMENDING THE 1999 SALARY SCHEDULE - SHERIFF, PUBLIC HEALTH Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: SHERIFF Create two (2) Civilian Dispatcher positions

PUBLIC HEALTH Correct the wage rate of Peggy Klice to $16.42 effective January 1, 1999. Dated at Geneseo, New York June 9, 1999 Salary & Negotiating Committee Mr. Moore stated that a report was distributed justifying the need for the creation of two Civilian Dispatcher positions (on file). The roll was called as follows: Ayes - 1,414; Noes - 0; Absent - Daley, 194; Essler, 94; House, 112, Total 400; Adopted. RESOLUTION NO. 99-200. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - BOARD OF SUPERVISORS, GENESEO SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: BOARD OF SUPERVISORS Create one (1) Confidential Secretary to Clerk position at a salary range of $18,000 - $22,000.

GENESEO SKILLED NURSING FACILITY Appoint to the position of Assistant Director of Nursing Nancy Tinsley of 59 Pearson Lane, Rochester, New York 14612 effective June 14, 1999 at an annual salary of $42,000. Dated at Geneseo, New York June 9, 1999 Salary & Negotiating Committee Mr. Moore asked the County Administrator to explain the need for the creation of the Confidential Secretary to the Clerk position. The County Administrator stated that the workload in the Clerk of the Board=s office has increased, and the Clerk is in need of a person to perform clerical duties. The County Administrator reviewed the following statistics: 129

1995 1998

RESOLUTIONS 414 475

LOCAL LAWS 2 8

CHAIRMAN 6 56 CORRESPONDENCE

COMMITTEE 79 159 MEETINGS

The County Administrator stated that the increase number of law suits, requests from the news media, public and the Board of Supervisors, and the growth of the County, have impacted the workload in the Clerk=s office. The original request of a part-time typist was presented to the Supervisors= Committee. Mr. Essler, Vice Chairman of the Supervisors= Committee, was very adamant that a full-time position was needed0. The Supervisors= Committee approved a full-time position and referred the matter to the Salary & Negotiating Committee. Mr. Merrick stated that when he became Chairman of the Board in January he questioned the workload within the Clerk=s office and realized that the Clerk was in the process of gathering information for justification of some type of clerical assistance. Mr. Merrick stated he supported the request of a full-time position. The roll was called as follows: Ayes - 1,526; Noes - 0; Absent - Daley, 194; Essler, 94, Total 288; Adopted.

Frank Bassett, Sr. Nursing Home Administrator, introduced Nancy Tinsley. Nancy Tinsley provided a brief description of her current work experience, thanked the Board for giving her the opportunity to work for Livingston County and stated she looks forward to working in the Geneseo Skilled Nursing Facility.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, June 23, 1999 at 1:30 p.m. Carried.

The Board adjourned at 3:37 p.m. 130

REGULAR BOARD MEETING WEDNESDAY, JUNE 23, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 6/9/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Letters from Senator Patricia K. McGee, Assemblymen Jerry Johnson, Craig J. Doran and Daniel J. Burling acknowledging receipt of Res. No. 99-193 Supporting the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund and Res. No. 99-194 Supporting State Legislation Including Consecutive Sentences for Serial Rapists, Expansion of the DNA Identification Index, Sexual Assault Reform Act, and Civil Confinement of Sexually Violent Predators to Provide Additional Protection to Our Society. 2. The 1998 Departmental Annual Reports are on file in the Office of the Clerk of the Board for your review. 3. Notice of Claim in the matter of John M. and Shelly Ames versus the Livingston County Department of Social Services. 4. Thank you note from Supervisor Gerald Derrenbacher. 5. The report from the State of New York Commission of Investigation entitled Investigation Into Allegations by the Livingston County Board of Supervisors Against Sheriff John York and the Operations of the Livingston County Conditional Release Commission is on file. Any questions should be referred to the County Attorney or County Administrator. 6. Seventh Annual Safe Summer Dime Carnival will be held on Wednesday, July 14, 1999 from 10:00 a.m. to 12:00 noon. Please let Virginia know today if you would like to participate in attending a booth.

INTRODUCTION OF LOCAL LAW NO. B 1999 - SUPERSEDING COUNTY LAW ∋∋∋151 (3) RELATING TO THE MANNER OF SELECTION OF THE VICE CHAIRMAN OF THE BOARD OF SUPERVISORS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1:

The Board of Supervisors of Livingston County intends by this Local Law to supersede the portion of County Law ∋151(3) which authorizes the Board of Supervisors to select a Vice Chairman of the Board of Supervisors. The Board of Supervisors has determined that the Vice Chairman of the Board of Supervisors should be appointed by the Chairman of the Board of Supervisors.

Section 2:

The Livingston County Board of Supervisors hereby determines that it is in the best interest of the County of Livingston to supersede the portion of ∋151(3) of the County Law which authorizes the Board of Supervisors to 131 select a Vice Chairman of the Board of Supervisors. The Vice Chairman of the Livingston County Board of Supervisors shall be appointed by the Chairman of the Board of Supervisors. The appointment shall be made within fifteen (15) days of the election of the Chairman of the Board of Supervisors. The term of office of the Vice Chairman shall expire at the end of the calender year in which he is appointed.

Section 3: This local law shall become effective when it is filed with the Secretary of State.

Dated at Geneseo, New York June 23, 1999 (Introduced)

INTRODUCTION OF LOCAL LAW NO. C 1999 - APPOINTING THE VICE CHAIRMAN OF THE BOARD OF SUPERVISORS, IN THE ABSENCE OF THE CHAIRMAN OF THE BOARD OF SUPERVISORS, A MEMBER EX-OFFICIO OF ALL COMMITTEES OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1:

The Board of Supervisors of Livingston County intends by this Local Law to expand the duties of the Vice Chairman of the Board of Supervisors as set forth in County Law ∋151(6-a).

Section 2:

The Livingston County Board of Supervisors hereby determines that the Vice Chairman of the Livingston County Board of Supervisors shall be a member ex-officio of all committees of the Livingston County Board of Supervisors and shall be entitled to vote at all such meetings. This authority may only be exercised by the Vice Chairman when the Chairman is not present at the committee meeting.

Section 3: This local law shall become effective when it is filed with the Secretary of State.

Dated at Geneseo, New York June 23, 1999 (Introduced)

Discussion of the Local Laws was deferred until the resolutions for the public hearings later in meeting.

RESOLUTION NO. 99-201. APPROVING ABSTRACT OF CLAIMS #6B - JUNE 23, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #6B dated June 23, 1999 in the total amount of $1,415,261.18. Dated at Geneseo, New York June 23, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR 1. County Administrator Dominic F. Mazza and Planning Director David Woods provided a Millennium 132

Celebration update. The County Administrator introduced the members of the Millennium Committee to the Board. The County Administrator gave a brief outline of the planned Millennium Celebration events and reviewed the budget. P. Schaap explained the undertaking of the book and samples from other counties were distributed. The County Administrator emphasized that the book project cannot be rushed at the expense of quality; however, the goal is to have the pictorial book completed by December 2000. A brief explanation was given regarding the Speaker Series which may be in conjunction with SUNY Geneseo. Ellen Herzman, Executive Director of the Council on the Arts, was introduced as the Chairperson of the Millennium Committee and provided enlightening remarks about the Millennium Celebration. The County Administrator acknowledged Kat Nichols for designing the Millennium logo, and he stated that the Livingston County News is willing to publish the scholarship news articles. In conclusion, the County Administrator stated that this Millennium Celebration is intended to be a County- wide project and encouraged everyone to participate.

RESOLUTION NO. 99-202. AUTHORIZING APPROVAL OF A DEDUCT CHANGE ORDER FOR THE METAL BUILDING CONTRACT FOR THE HIGHWAY FACILITY - FAST TRAK GENERAL CONTRACTORS Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, the Highway Development Committee has reviewed a proposed change order for work related to the metal building contract for the Highway Facility awarded to Fast Track General Contractors by Res. No. 99- 178, and WHEREAS, these changes and work have been reviewed by Fraser, Vesper & Associates P.C. and Bovis Construction Corp., it is hereby RESOLVED, that a deduct change order for the metal building contract for the Highway Facility be approved with Fast Trak General Contractors of 107 Lincoln Parkway, P. O. Box 29, East Rochester, NY 14445- 0029, in an amount of Eighty Four Thousand Two Hundred Seventy Three Dollars ($84,273.00), and the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign said change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York June 23, 1999 Buildings and Finance Committees The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-203. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, HISTORIAN, PUBLIC HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York June 23, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-204. APPROVING THE ISSUANCE OF CERTAIN BONDS BY THE LIVINGSTON COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND CONCURRING IN THE ISSUER'S DETERMINATION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT - RED JACKET CENTER, INC.,/NOYES H. MEMORIAL HOSPITAL, INC. CIVIC FACILITY Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors (the ΑBoard of Supervisors≅) has been advised 133 by the Livingston County Industrial Development Agency (the ΑIssuer≅) that the Issuer proposes to issue, contingent upon the adoption of this resolution, its Tax-Exempt Civic Facility Revenue Bonds, Series 1999A (Red Jacket Center, Inc./Noyes H. Memorial Hospital, Inc. Civic Facility) in an aggregate principal amount sufficient to pay the cost of acquiring, renovating, constructing, reconstructing, installing and equipping the below described facility (the ΑFacility≅), presently estimated to be approximately $6,967,610 (the ΑTax-Exempt Bonds≅); and WHEREAS, the Facility shall consist of collectively, the acquisition, renovation, construction, reconstruction, installation and equipping of certain civic facilities as follows: (1)(I) the acquisition of an approximately 10.77 acre parcel of land located at East South Street in the Village of Geneseo, Town of Geneseo, Livingston County, New York (the "Geneseo Parcel"), (ii) the construction on the Geneseo Parcel of an approximately 36,000 square foot two-story building (the "Geneseo Building") and (iii) the acquisition and installation in and around the Geneseo Building of certain equipment, machinery and other tangible personal property (the "Geneseo Equipment", and together with the Geneseo Parcel and the Geneseo Building, the "Geneseo Facility"), which Geneseo Facility is to be leased (or sold on an installment basis) by the Issuer to the Red Jacket Center, Inc. (the ΑCompany≅), a portion of which shall be subleased (or leased) by the Company to, and used by Nicholas H. Noyes Memorial Hospital, Inc. (the ΑHospital≅) as a Multiple Service Ambulatory Care Center, and the remainder of which shall be subleased (or leased) by the Company to, and used by private practice physicians for office space in their respective practices; (2) the reconstruction, renovation and equipping of the Hospital's current obstetrical/gynecological department at its existing approximately 72,200 square foot four-story hospital building (the "Hospital Building") located on an approximately 6.89 acre parcel of land at 111 Clara Barton Street, in the Village of Dansville, Town of Dansville, Livingston County, New York (the "Dansville Parcel") for use as labor/delivery/recovery and postpartum suites; (3) the refinancing of the Issuer's $2,250,000 1993 Civic Facility Revenue Bond (Red Jacket Center, Inc./Nicholas H. Noyes Memorial Hospital, Inc. Civic Facility) (the "Series 1993 Bond"), having an approximate outstanding principal balance of $1,608,542, the proceeds of which were used (I) to pay the costs of constructing and equipping those areas of the Medical Services Building which are leased to the Company and subleased to and used by the Hospital for non- medical purposes, and (ii) to refinance that portion of a mortgage indebtedness of the Company (the "Riley Mortgage"), the proceeds of which were principally used to pay the costs of constructing and equipping those areas of an approximately 21,600 square foot two-story medical office building on the Dansville Parcel (the "Riley Building") which are leased to the Company and subleased to, and used by the Hospital for non-medical purposes; and (4) the refinancing of a mortgage indebtedness of the Company having an approximate outstanding principal balance of $721,770, the proceeds of which were used (I) to pay the costs of constructing and equipping those areas of the Medical Services Building which are subleased to and used by the Hospital for medical purposes, and (ii) to refinance that portion of the Riley Mortgage the proceeds of which were principally used to pay the costs of constructing and equipping those areas of the Riley Building which are subleased to, and used by private practice physicians for office space in their respective practices; and WHEREAS, the Issuer proposes to sell the Facility to the Company and to the Hospital, each duly organized and validly existing New York not-for-profit corporations, and organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the ΑCode≅) which are exempt from federal income taxation pursuant to Section 501(a) of the Code; and _ WHEREAS, on January 8, 1999, the Issuer completed its environmental review of the Facility in compliance with the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law of the State of New York (the ΑState≅); and _ WHEREAS, pursuant to Section 147(f) of the Code, interest on the Tax-Exempt Bonds will not qualify for exclusion from gross income for federal income purposes unless the issuance of the Tax-Exempt Bonds is approved by the Livingston County Board of Supervisors after a public hearing to consider both the issuance of 134 the Tax-Exempt Bonds and the nature and location of the Facility has been conducted following reasonable public notice; and _ WHEREAS, on March 22, 1999 and on April 19, 1999, the Issuer held such public hearings upon proper notice in compliance with the Code; and _ WHEREAS, to aid the Livingston County Board of Supervisors in its deliberations, the Issuer has made available to each member of the Livingston County Board of Supervisors prior to this meeting (a) the Company's application to the Issuer; (b) minutes of the public hearing, 8 the Issuer=s SEQR findings and (d) the Issuer's Inducement Resolution with respect to the proposed issuance of the Tax-Exempt Bonds. _ NOW, THEREFORE, BE IT RESOLVED by the Livingston County Board of Supervisors as follows: Section 1. For the sole purpose of qualifying the interest payable on the Tax-Exempt Bonds for exclusion from gross income for Federal income purposes pursuant to the provisions of Sections 103 and 141 through 150 of the Code, the Livingston County Board of Supervisors, as the elected legislative body of Livingston County (the ΑCounty≅), hereby approves the issuance by the Issuer of the Tax-Exempt Bonds, provided that the Tax-Exempt Bonds, the premium (if any) and interest thereon shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon. _ Section 2. The Livingston County Board of Supervisors concurs in the finding of the Issuer that the Facility will not have a Αsignificant effect≅ on the environment within the meaning of Article 8 of the Environmental Conservation Law of the State. _ Section 3. The Livingston County Board of Supervisors shall neither limit nor alter the rights hereby vested in the Issuer to acquire, construct, reconstruct, improve, maintain, equip and furnish the Facility, to establish and collect rentals, fees and other charges and to fulfill the terms of any agreements made with the holders of the Tax- Exempt Bonds nor in any way impair the rights and remedies of the holders of the Tax-Exempt Bonds until the Tax-Exempt Bonds, together with interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the holders of the Tax-Exempt Bonds are fully met and discharged. _ Section 4. This resolution shall be deemed to be made for the benefit of the holders, from time to time, of the Tax-Exempt Bonds and shall constitute a contract between the County and the holders of the Tax-Exempt Bonds. Section 5. This resolution shall take effect immediately. _ Dated at Geneseo, New York June 23, 1999 Finance Committee Patrick Rountree, Executive Director and James Coniglio, Agency Council, of the Livingston County Industrial Development Agency spoke regarding the legislation authorizing the ability to assist non-profit organizations. Steve Miller, Chief Financial Officer of Noyes Memorial Hospital, explained the project and the use of the funds. The projects are composed of renovation to the Obstetrics area of the building in Dansville, the construction of the Ambulatory Care Center in Geneseo, and, in addition, refinancing the current IDA mortgage. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-205. AWARDING BID FOR KITCHEN EQUIPMENT FOR THE CAMPUS SKILLED NURSING FACILITY 135

Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for kitchen equipment for the Livingston County Campus Skilled Nursing Facility, four (4) bids were received, then opened on June 7, 1999, and the following bidders submitted the low acceptable bids for the following kitchen equipment, which are on file at the Office of the Livingston County Administrator: VENDOR QUANTITY EQUIPMENT PRICE/UNIT Direct Supply Health Care Equip. 2 Hot plate dispensers, Lakeside 8209 $954.50 6767 North Industrial Road 3 Utility Carts, Lakeside 444 245.60 Milwaukee, WI 53223 Buffalo Hotel Supply Co. Inc. 1 4-Well Hot Food Unit, Seco 4HF $2,900.00 375 Commerce Drive 1 Steam Kettle, Cleveland KDL25T 4,328.36 Amherst, NY 14228 Sysco Food Services 1 Hot Warmer, Seco 473-3166 $2,224.00 P.O. Box 160 1 Dish Dolly, Lakeside 2007 334.00 Jamestown, NY 14702 NOW, THEREFORE, BE IT RESOLVED, that the Campus Skilled Nursing Facility is hereby authorized to purchase kitchen equipment from the bidders hereinbefore set forth for an amount not to exceed Twelve Thousand Four Hundred Thirty Two Dollars and Sixteen Cents ($12,432.16), and it is further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign contracts with said bidders, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York June 23, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-206. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY YOUTH BOARD - JAMES, HERKIMER Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that this Board of Supervisors does hereby approve the appointment of the following persons to the Livingston County Youth Board to serve the term designated:

NAME REPRESENTS TERM EXPIRES Sandy James Town of Springwater 8/31/01 6839 Liberty Pole Road Dansville, NY 14437 replaces Beth White

Major Martin Herkimer Livingston County 8/31/00 Livingston County Sheriff=s Dept. Sheriff=s Dept. 4 Court Street Geneseo, NY 14454 replaces Joseph Rychlicki Dated at Geneseo, New York June 23, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-207. APPOINTING MEMBERS TO THE GENESEE-LIVINGSTON-ORLEANS- 136

WYOMING (GLOW) PRIVATE INDUSTRY COUNCIL - JOHNSON, BLAKE Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that this Board of Supervisors does hereby approve the appointment of the following persons to the Genesee-Livingston-Orleans-Wyoming Private Industry Council for such designated term: NAME REPRESENTS TERM EXPIRES Lois Johnson Private Sector Business 6/30/00 Wyoming County Bank 152 Franklin Street P.O. Box 148 Dansville, NY 14437 replaces self

Carol T. Blake, Commissioner At-large Public Assistance 6/30/00 Orleans County Dept. Of Social Agencies Services 14016 Route 31 West Albion, NY 14411 replaces W. Michael Woodhouse Dated at Geneseo, New York June 23, 1999 Legislative Committee The County Attorney explained that the while the Board of Supervisors is aware that the Rules of Order are being revamped, there are two issues which need a public hearing for Local Laws. The first issue is changing or adding to the manner of selection of the Vice Chairman of the Board of Supervisors and appointing the Vice Chairman of the Board of Supervisors a member Ex-Officio of all committees of the Board of Supervisors in the absence of the Chairman of the Board of Supervisors. There was discussion of the voting rights. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-208. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. B 1999 Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on June 23, 1999, a proposed Local Law entitled Local Law B 1999, Superseding County Law ∋151 (3) Relating to the Manner of Selection of the Vice Chairman of the Board of Supervisors, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 14th day of July, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York June 23, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-209. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. C 1999 Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on June 23, 1999, a proposed Local Law entitled Local Law C 1999 Appointing the Vice Chairman of the Board of Supervisors, in the 137

Absence of the Chairman of the Board of Supervisors, a Member Ex-officio of All Committees of the Livingston County Board of Supervisors, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 14th day of July, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York June 23, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-210. AWARDING BID FOR FOOD USED BY THE LIVINGSTON COUNTY JAIL Mr. Daley presented the following resolution and moved its adoption: WHEREAS, after due advertisement, bids were opened on June 7, 1999 by the Office of the Livingston County Administrator for the purchase of food items used by the Livingston County Jail, and the following bidders were the low acceptable bids, for various food groups, which are on file at the Office of the Livingston County Administrator: Food (groceries) Perry Jacobstein, Inc. 15 Airline Drive Rochester, NY 14624

Bread & Rolls Stroehmann Bakeries L.C. 900 Jefferson Road Rochester, NY 14623

Dairy (milk only) Byrne Dairy, Inc. 240 Oneida Street Syracuse, NY 13202 NOW, THEREFORE, BE IT RESOLVED, that the Livingston County Sheriff is hereby authorized to purchase food items from the bidders hereinbefore set forth during the terms of their bid, beginning July 1, 1999 and ending June 30, 2000 with an option to renew for two additional one year periods expiring June 30, 2002, and, it is further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign said contracts, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York June 23, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99-211. APPOINTING THE NURSING HOME ADMINISTRATOR FOR THE CAMPUS SKILLED NURSING FACILITY - SOBON Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Robert Sobon of 90 West Girard Blvd., Kenmore, New York 14217 is hereby appointed to the position of Nursing Home Administrator for the Campus Skilled Nursing Facility effective July 7, 1999 at an annual salary of $50,000.00. Dated at Geneseo, New York 138

June 23, 1999 Salary & Negotiating Committee Frank Bassett, Senior Nursing Home Administrator, introduced the new Campus SNF Administrator, Robert E. Sobon, and Mr. Sobon gave a brief history of his qualifications. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, July 14, 1999 at 1:30 p.m. Carried. The Board adjourned at 2:27 p.m. 138

REGULAR BOARD MEETING WEDNESDAY, JULY 14, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members except Messrs. Daley, Essler, Davis and House.

The Pledge of Allegiance.

MINUTES Minutes of 6/23/99 Regular Board Meeting were approved as presented.

PUBLIC HEARINGS - 1:35 P.M. The Public Hearings to receive comments on Local Law No. B 1999 - Superseding County Law ∋151 (3) Relating to the Manner of Selection of the Vice Chairman of the Board of Supervisors and Local Law No. C 1999 - Appointing the Vice Chairman of the Board of Supervisors, in the Absence of the Chairman of the Board of Supervisors, a Member Ex-officio of All Committees of the Livingston County Board of Supervisors were called in accordance with the notices published in the official newspapers.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. No one wished to speak.

The Chairman stated that the Public Hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Thank you from Kathy Montemarano, Records Management Director. 2. Receipt of Letters from Speaker Sheldon Silver, Assemblyman Jerry Johnson and Assemblywoman Nancy Calhoun regarding Grant Award for Local Government Records Management Improvement Fund. 3. Receipt of Letter of Resignation from Michael D. Kane from the L.C. Water & Sewer Authority. 4. Receipt of Press Release for Governor Pataki Announcing March Snow Aid Payments to County, Towns and Villages. 5. Letter from NYSAC acknowledging receipt of Resolution No. 99-193 and 99-194. 6. Correspondence from William A. Mulligan addressed to Governor George E. Pataki regarding the Investigation of Sheriff John York. Any questions should be referred to the County Attorney or County Administrator. 7. Notice of Claim in the matter of Scott Yarnes and Diane Knipper Individually and as Natural Parents and Guardians of Adam Scott Yarnes an Infant, and Adam Scott Yarnes, an Infant versus the Livonia Central School District, Scott Bishoping, as Principal, the County of Livingston, the Livingston County Probation Department, Probation Department Director Barbara Campbell, the Livingston County Sheriff=s Department, Livingston County Sheriff John M. York, Investigator Douglas Morsch. 8. Thank you from Virginia Amico, Clerk of the Board.

RESOLUTION NO. 99-212. APPROVING ABSTRACT OF CLAIMS #7A - JULY 14, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #7A dated July 14, 1999 in the total amount of $1,619,943.37. Dated at Geneseo, New York 139

July 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

PRIVILEGE OF THE FLOOR 1. Dominic F. Mazza, County Administrator presented an update to the Board of Supervisors regarding the Committee Restructuring. The County Administrator stated that the leadership of the Board of Supervisors had requested that the County Administrator develop a proposal for committee restructuring. The proposal was referred to the Legislative Committee and the Committee has discussed and reviewed the proposal on several occasions. The Legislative Committee presents the Committee Organizational Chart and Description of Committese and the Draft Rules of Order (on file) for the Board review and consideration. The County Administrator reviewed the proposed changes:

13 committees to 8 the membership of each committee will consist of 5 or 7 review of the operating departments and functional areas/other agencies for each committee every Supervisor will hold a Chairmanship or Vice Chairmanship of a committee clarification that the Chairman of the Board of Supervisors is elected by the Board Order of Business has been changed to reflect existing and proposed procedures the Local Laws that will be voted on today will provide for the Vice Chairman of the Board to be appointed by the Chairman of the Board and be an ex-officio member in committee meetings in the absence of the Chairman of the Board there shall be no committee meetings held the morning of the day of a Board meeting unless authorized by the Chairman of the Board some housekeeping deletions addition of section entitled Preferred Agenda - The County Administrator reviewed the process.

The County Administrator stated that the Legislative Committee intends to present the Rules of Order to the Board of Supervisors at the July 28, 1999 meeting and the 2/3 vote on the new Rules will be August 11, 1999. The new committee structure will be effective September 1, 1999.

Mr. Layland, as member of the Legislative Committee, stated that the committee restructuring proposal looks favorable in the form presented.

The County Administrator stated that the Chairman of the Board will be disseminating Committee Meeting Policies in order to create a continued business-like atmosphere and to inform Department Heads what is expected of them.

Mr. Moore commented that he believes the committee proposal has been fine tuned and would recommend adoption of the changes.

RESOLUTION NO. 99-213. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, CENTRAL SERVICES, CONTINGENCY/COUNTY ADMINISTRATOR, DATA PROCESSING, HIGHWAY, OFFICE FOR THE AGING, PUBLIC HEALTH, SHERIFF E-911 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been 140 approved by the County Administrator. Dated at Geneseo, New York July 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-214. AUTHORIZING ACCEPTANCE OF GRANT AND AMENDING THE 1999 COUNTY BUDGET - RECORDS MANAGEMENT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has been awarded a grant in the amount of $32,934 by the State Archives and Records Administration (SARA) for a files management project to be divided between 1999 and 2000, and WHEREAS, the County of Livingston is honored that it has been selected to receive this grant, now, therefore, be it RESOLVED, that the County Treasurer be and she hereby is authorized to accept said grant from the State Archives and Records Administration, and, be it further RESOLVED, that the 1999 Livingston County Budget is hereby amended by increasing Account A3060 Revenues State Aid in the amount of $32,934 and by increasing the following Appropriation Account: A1665.1950 Records Management/Temporary Services $2,500 A1665.4110 Records Management/Building Repair $13,683 A1665.8100 FICA $204 A1655.8200 Retirement $80 Total $16,467 Dated at Geneseo, New York July 14, 1999 Finance Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-215. AWARDING BID FOR THE PURCHASE OF ONE (1) MINI VAN FOR USE BY THE LIVINGSTON COUNTY BOARD OF SUPERVISORS AND DEPARTMENT HEADS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the purchase of one mini van, for use by the Livingston County Board of Supervisors and Department Heads, bids were received and opened on June 14, 1999, now, therefore, be it RESOLVED, that the bid of The New Zigrossi Motors of 15 West Avenue, Attica, New York 14011 for one new 1999 Plymouth Grand Voyager in an amount not to exceed Twenty Thousand Nine Hundred Sixty Five Dollars ($20,965.00), be and hereby is accepted as the lowest responsible bid. Dated at Geneseo, New York July 14, 1999 Finance Committee The County Administrator stated that this minivan will replace the existing administration car used by the Board of Supervisors and Department Heads. The existing car has had numerous breakdowns and the repairs bills have been costly. The County Administrator stated that the Supervisors Committee concurred that a new vehicle should be purchased. The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-216. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS 141

FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - New York State Department of Health for Diabetes Control Program, Irene Dobstaff for Early Intervention Services and New York State Department of Health for WIC Contract Renewal Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Administrator and County Attorney: New York State Department of Health for Diabetes Control Program 7/1/98 - 9/30/99 Irene Dobstaff for Early Intervention Services 6/1/99 - 5/31/00 New York State Department of Health for WIC Contract Renewal 10/1/99 - 9/30/00 Copy of contracts on file in Clerk=s office. Dated at Geneseo, New York July 14, 1999 Health Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-217. AUTHORIZING CONTRACT WITH LISA S. MISITI, CSW FOR CONSULTING SOCIAL WORK SERVICES FOR THE LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Lisa S. Misiti, CSW of 10894 Ryan Road, Medina, New York 141903 for a three-year term from June 1, 1999 through May 31, 2002, at an hourly rate of $40.00 through May 31, 2001 and an hourly rate of $45.00 for the term June 1, 2001 through May 31, 2002, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 14, 1999 Health Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-218. AUTHORIZING CHAIRMAN OF THE BOARD TO SIGN AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES FOR CONTINUATION OF THE CONTRACT PROVIDING STATE FUNDS FOR THE SHERIFF===S WORK RELEASE PROGRAM Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the County of Livingston has applied to the Division of Probation and Correctional Alternatives for funding and has been allocated up to $21,600 for continuation of the Sheriff=s Work Release Program; and WHEREAS, the County=s application has been approved for the period January 1, 1999 through December 31, 1999, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the ATI contract agreement between the New York State Division of Probation and Correctional Alternatives and the County of Livingston for the period January 1, 1999 through December 31, 1999, for an amount of $21,600, subject to review by the County Administrator and County Attorney. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York 142

July 14, 1999 Judicial Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-219. AUTHORIZING CHANGE ORDER NO. ONE FOR HEMLOCK WATER SUPPLY PROJECT CONTRACT 1 PUMP STATION (GENERAL) - M. HUBBARD CONSTRUCTION, INC. Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, Livingston County entered into a contract with M. Hubbard Construction, Inc. pursuant to Res. No. 98-278, and WHEREAS, there were several minor changes implemented during the construction of the pump station such as the installation of vinyl siding, additional valving, additional security measures, additional materials as a requirement of Niagara Mohawk Power, now, therefore, be it RESOLVED, that Livingston County Board of Supervisors authorizes Change Order no. One to the M. Hubbard Construction, Inc. contract in an amount not to exceed Seven Thousand Four Hundred Thirty-Four Dollars and Eight-Five Cents ($7,434.85), and, be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the appropriate change order, subject to review by the County Attorney and County Administrator. Copy of change order on file in Clerk=s office. Dated at Geneseo, New York July 14, 1999 Public Works Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-220. AUTHORIZING THE CHAIRMAN TO SIGN AN AGREEMENT WITH AMERICAN ROCK SALT FOR SEWER AND WATER SYSTEM ACCESS Mrs. Avery presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign an agreement with American Rock Salt Company LLC for the payment to the County of Livingston of water and sewer system access charges. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 14, 1999 Public Works Committee Mr. Olverd requested a status report of the American Rock Salt project as it relates to the water and sewer and the negotiations between the Town and Village of Mt. Morris and the Livingston County Water and Sewer Authority. Catherine Muscarella, Public Works Director, stated that the resolution presented today is the commitment from American Rock Salt Company to provide $500,000 for it=s share of the water and sewer constructional costs. The County has appropriated $500,000 for this project from the economic development infrastructure fund. The EDA has reviewed all the information for $1.5 million, and the County is still waiting for final approval. The archeological study has been completed by the Rochester Museum and Science Center and there was no additional work recommended. Ms. Muscarella stated that the Livingston County Water and Sewer Authority have made appropriate responses to EDA questions regarding our application for funding. Ms. Muscarella continued to state that the Livingston County Water and Sewer Authority presented a proposal on ownership issues to the Town of Mt. Morris in April 1999 and received a letter of response from the Town of Mt. Morris in June 1999. The Authority Board is reviewing that response and will respond to the Town of Mt. Morris in July 1999. The County Administrator emphasized the need for all parties to work simultaneously on all of these issues related to this 143 project. Ms. Muscarella reported that the Village of Mt. Morris is setting up a joint meeting with the Village, Town and the Livingston County Water and Sewer Authority to discuss these issues on Monday, July 19, 1999 at 5:00 p.m. at the Mt. Morris Village offices. The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-221. OPPOSING SENATE BILL 2684 AND ASSEMBLY BILL 5549 - SHERIFF CO-EMPLOYER LEGISLATION Mr. Moore presented the following resolution and moved its adoption: WHEREAS, a bill has been introduced in the New York State Senate (Senate Bill 2684) and in New York State Assembly (Assembly Bill 5549) which would amend the Civil Service Law and make an elected sheriff a joint employer with the County as it regards employees of the Sheriff=s Department, and WHEREAS, this amendment would make the Sheriff a necessary party to collective bargaining negotiations and contracts and other contracts affecting County employees in the Sheriff=s Department, and WHEREAS, the issues dealt with in collective bargaining, i.e. terms and conditions of employment, are more appropriately addressed by the Board of Supervisors, who are accountable to the citizens of the County for the expenditure of funds and raising of revenue, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors expresses its strong opposition to Senate Bill 2684 and Assembly Bill 5549 and urges it=s elected representatives to assist in the defeat of this legislation, and be it further RESOLVED, that certified copies of this resolution be forwarded to Governor George E. Pataki, Senator Dale M. Volker, Senator Patricia K. McGee, Assemblyman Gerald E. Johnson, Assemblyman Craig Doran and Assemblyman Daniel J. Burling. Dated at Geneseo, New York July 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-222. ADOPTING LIVINGSTON COUNTY SHERIFF===S DEPARTMENT GENERAL MUNICIPAL LAW SECTION 207-C POLICY - COMPENSATION FOR DISABLING INJURIES OR ILLNESSES WHICH RESULTED FROM THE EMPLOYEE===S LINE OF DUTY WORK Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors adopts the attached Livingston County Sheriff=s Department General Municipal Law Section 207-C Policy - Compensation for Disabling Injuries or Illnesses Which Resulted from the Employee=s Line of Duty Work, to be effective immediately upon adoption of this resolution. LIVINGSTON COUNTY SHERIFF===S DEPARTMENT GENERAL MUNICIPAL LAW SECTION 207-C POLICY

Purpose: The purpose of this policy is to set forth the procedures by which the Livingston County Sheriff=s Department will comply with the requirements of General Municipal Law (ΑGML≅) section 207-c. This section provides certain law enforcement personnel with compensation when they suffer from disabling injuries or illnesses which resulted from the employee=s line of duty work. It is not the intent of this policy to provide compensation beyond that which is required by the statute, nor should any provision of this policy be construed to provide any compensation not required by the statute.

Policy: The Livingston County Sheriff=s Department will comply fully with the requirements of GML section 207- 144 c.

Procedure: The exclusive procedure for handling GML section 207-c claims is as follows:

1. Designation of Administrator. The County Administrator shall designate an administrator who shall have the exclusive authority to make determinations on behalf of Livingston County pursuant to GML section 207-c.

2. Notice of Disability or of Need for Medical Treatment. A law enforcement officer who alleges to be injured in the performance of duty or who alleges to be taken sick as a result of the performance of duty and who seeks any benefit afforded by GML section 207-c shall notify his/her supervisor as required by the Rules and Regulations of the Livingston County Sheriff=s Department as stated in Rule A16A:

a. An employee injured in the line of duty shall:

i. Immediately report the injury and the incident causing the injury to his/her immediate supervisor;

ii. Ask the supervisor to respond to the scene of the injury to conduct an investigation; and

iii. Submit a written report concerning all of the details of the injury along with any other pertinent reports of the incident within 24 hours.

b. An employee taken sick as a result of the performance of duty shall:

i. Immediately report the illness to his/her supervisor and inform the supervisor in writing that he/she is requesting 207-c benefits.

Notification to the County shall fully describe the nature of the injury or sickness which is the basis for the employee=s 207-c claim.

3. Status Pending Determination of Eligibility for Benefits. In the event a law enforcement officer asserts an inability to perform duties, he/she shall be placed on sick leave or may use other available accrued leave, consistent with the collective bargaining agreement. Upon a determination by the administrator that a law enforcement officer who has been unable to work is eligible for payment of the full amount of regular salary or wages pursuant to the provisions of GML section 207-c, all sick leave or other paid leave which was utilized pursuant to this paragraph shall be restored in full. A law enforcement officer receiving payment of the full amount of regular salary or wages pursuant to GML section 207-c shall not suffer any reduction of accrued leave while in receipt of such payment. A law enforcement officer seeking the benefits of this section of law who, in the judgment of the administrator has a temporary injury or sickness, may be examined by a physician selected by the administrator to verify the existence of an injury or sickness.

4. Benefit Determination. An application for the benefits of GML section 207-c shall be processed as follows. An individual seeking benefits must demonstrate by substantial evidence his/her entitlement to them. The administrator shall promptly review an application timely made and any other pertinent documents or evidence available and, if a determination is made that the injury occurred in the performance of duty or that the sickness is a result of the performance of duty, shall direct payment of the full amount of regular salary or wages and shall insure municipal responsibility for the reasonable and customary cost of treatment and hospital care associated with the injury or illness. A written notice of such a determination by the administrator shall be provided to the law enforcement officer. The payment of regular salary or wages and medical expenses may be discontinued as provided by GML section 207-c. 145

In the event a question arises as to initial eligibility for benefits or their continuation once awarded, the following procedure shall apply. The administrator shall promptly inquire into the applicable facts and may require the claimant to submit to one or more medical examinations as may be reasonably necessary to determine the existence of a disability and its extent. To resolve questions of initial or continued eligibility for benefits, the administrator shall make a decision on the basis of any medical evaluations and information available or otherwise provided by the claimant. A claimant may produce any document, sworn statement, or other record relating to the alleged injury or sickness or the incident alleged to have caused such injury or sickness. The administrator shall have the authority to employ medical specialists and other appropriate individuals; may at reasonable times and on reasonable notice require the attendance of the claimant or any witness to an incident to secure information; may require the applicant to sign a release for information pertaining to his/her medical history; and may undertake any other reasonable act necessary for making a determination pursuant to this procedure. The administrator shall make a determination as to initial or continued eligibility for benefits based upon evidence collected or obtained. A claimant shall be notified in writing of any determination made by the administrator.

5. Assignment to Light Duty. The administrator may assign a disabled individual specified light duties, consistent with his/her physical or mental condition. The administrator may cause a medical examination of the individual to be made at the expense of the municipality for the purpose of determining whether a light duty assignment is appropriate, and if so, what duties are acceptable. Upon review of the medical assessment of the law enforcement officer=s ability to perform a light duty assignment, the administrator may make a light duty assignment.

6. Review of Eligibility for Benefits. The administrator may review the continued eligibility of an individual to receive the benefits of this section of law by initiating a due process hearing for consideration and determination of the matter. The burden of proof in such a hearing shall be upon Livingston County.

7. Effect of Other Disability Determination. A determination made by an officer, agency, or court regarding an entitlement to any other statutory disability benefit or regarding the existence of a disability or its extent may be noticed by, but shall not be controlling upon, Livingston County.

8. Appeals. Any final determinations made regarding an employee=s eligibility or continued eligibility for 207-c benefits shall be subject to review only as provided by Article 78 of the Civil Practice Law and Rules.

Dated at Geneseo, New York July 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-223. RENAMING THE DATA PROCESSING DEPARTMENT THE INFORMATION AND TECHNOLOGY SERVICES DEPARTMENT Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby renames the Data Processing Department the Information and Technology Services Department. Dated at Geneseo, New York July 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted. 146

RESOLUTION NO. 99-224. AMENDING THE 1999 SALARY SCHEDULE - DATA PROCESSING, DISTRICT ATTORNEY, GENESEO SKILLED NURSING FACILITY, CAMPUS SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: DATA PROCESSING Change the wage grade for Computer Training Coordinator/Operator from Grade 14 to Grade 17 under the CSEA Collective Bargaining Agreement effective July 18, 1999. Create One (1) Computer Training Coordinator/Operator. DISTRICT ATTORNEY Change the wage grade for the title Senior Legal Typist from Grade 7 to Grade 11 under the CSEA Collective Bargaining Agreement effective July 18, 1999. GENESEO SKILLED NURSING FACILITY Create two (2) Full-Time Nursing Assistant positions. CAMPUS SKILLED NURSING FACILITY Create one (1) Full-Time Nursing Assistant position. Dated at Geneseo, New York July 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

RESOLUTION NO. 99-225. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - DATA PROCESSING Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: DATA PROCESSING Rename the position of Director of Data Processing to Director of Information and Technology Services. Rename the position of Systems Programmer to Deputy Director of Information and Technology Services. Establish a salary range for the position of Deputy Director of Information and Technology Services of $50,000 to $55,000 per year. Dated at Geneseo, New York July 14, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

PUBLIC HEARINGS The Chairman asked if anyone wished to speak regarding the Public Hearings on Local Law No. B 1999 or Local Law No. C 1999. No one wished to speak.

The Chairman declared the public hearings closed.

ADOPTION OF LOCAL LAW NO. (B) 1999

Mr. Layland moved and Mr. Moore seconded to call Local Law No. B 1999 to the table.

LOCAL LAW NO. 2 1999 - SUPERSEDING COUNTY LAW ∋∋∋151 (3) RELATING TO THE MANNER OF 147

SELECTION OF THE VICE CHAIRMAN OF THE BOARD OF SUPERVISORS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1:

The Board of Supervisors of Livingston County intends by this Local Law to supersede the portion of County Law ∋151(3) which authorizes the Board of Supervisors to select a Vice Chairman of the Board of Supervisors. The Board of Supervisors has determined that the Vice Chairman of the Board of Supervisors should be appointed by the Chairman of the Board of Supervisors.

Section 2:

The Livingston County Board of Supervisors hereby determines that it is in the best interest of the County of Livingston to supersede the portion of ∋151(3) of the County Law which authorizes the Board of Supervisors to select a Vice Chairman of the Board of Supervisors. The Vice Chairman of the Livingston County Board of Supervisors shall be appointed by the Chairman of the Board of Supervisors. The appointment shall be made within fifteen (15) days of the election of the Chairman of the Board of Supervisors. The term of office of the Vice Chairman shall expire at the end of the calender year in which he is appointed.

Section 3: This local law shall become effective when it is filed with the Secretary of State.

Dated at Geneseo, New York June 23, 1999 (Introduced) The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

ADOPTION OF LOCAL LAW NO. (C) 1999

Mr. Layland moved and Mr. Kramer seconded to call Local Law No. C 1999 to the table.

LOCAL LAW NO. 3 1999 - APPOINTING THE VICE CHAIRMAN OF THE BOARD OF SUPERVISORS, IN THE ABSENCE OF THE CHAIRMAN OF THE BOARD OF SUPERVISORS, A MEMBER EX- OFFICIO OF ALL COMMITTEES OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1:

The Board of Supervisors of Livingston County intends by this Local Law to expand the duties of the Vice Chairman of the Board of Supervisors as set forth in County Law ∋151(6-a).

Section 2:

The Livingston County Board of Supervisors hereby determines that the Vice Chairman of the Livingston County Board of Supervisors shall be a member ex-officio of all committees of the Livingston County Board of Supervisors and shall be entitled to vote at all such meetings. This authority may only be exercised by the Vice Chairman when the Chairman is not present at the committee meeting. 148

Section 3: This local law shall become effective when it is filed with the Secretary of State.

Dated at Geneseo, New York June 23, 1999 (Introduced) The roll was called as follows: Ayes - 1,385; Noes - 0; Absent - Daley, 194; Essler, 94; Davis, 29; House, 112; Total 429; Adopted.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Wahl to adjourn until Wednesday, July 28, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:17 p.m. 149

REGULAR BOARD MEETING WEDNESDAY, JULY 28, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members except Mr. House.

The Pledge of Allegiance.

MINUTES Minutes of 7/14/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. The County Treasurer submitted the General Purpose Financial Statements and Independent Auditors= Report and Single Audit Reports for the Year Ended December 31, 1999 prepared by Deloitte & Touche. 2. Thank you note from the family of Willard (Mike) Essler. 3. Letter from Frank West, President of West=s Shurfine Food Mart, Livonia, New York regarding the results of the Item Pricing and Scanner Accuracy public hearing . 4. NYSAC 1999 75th Anniversary Fall Seminar, September 12-14, 1999, Lake Placid Resort, Lake Placid, New York. Hotel reservations must be received by August 12, 1999. If you plan to attend the conference, please notify the Clerk of the Board by August 2. Reservations are on a first come first serve basis. 5. Letter from William A. Mulligan to Governor George E. Pataki.

RESOLUTION NO. 99-226. APPROVING ABSTRACT OF CLAIMS #7B - JULY 28, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #7B dated July 28, 1999 in the total amount of $1,045,782.60. Dated at Geneseo, New York July 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

PRIVILEGE OF THE FLOOR There was no request for Privilege of the Floor.

RESOLUTION NO. 99-227. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, HIGHWAY, OFFICE FOR THE AGING, SOCIAL SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York July 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

150

RESOLUTION NO. 99 - 228. DECLARING SURPLUS PROPERTY - BOARD OF SUPERVISORS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such item of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item surplus property to be disposed of as determined by the County Administrator: BOARD OF SUPERVISORS 1992 Ford Crown Victoria 2FACP72W4NZ225555 Dated at Geneseo, New York July 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 229. AUTHORIZING REAPPROPRIATION OF FUNDS - SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer is hereby authorized to make the following transfer: SHERIFF From: A3110.2680 Insurance Recoveries $6,341.00 To: A3110.2100 Auto Equipment $6,341.00 Dated at Geneseo, New York July 28, 1999 Finance Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 230. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN THE UNITED STATES GEOLOGICAL SURVEY (USGS) AND LIVINGSTON COUNTY Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between the United States Geological Survey (USGS) and Livingston County for USGS services in the monitoring of drilling activities and water quality testing as funded by Akzo Nobel Salt, Inc., commencing on June 14, 1999 and terminating on September 30, 2000, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 28, 1999 Health Committee Mr. Moore questioned the number of wells that will be monitored. J. Ellison, Public Health Director, explained that three new wells will be drilled. The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 231. AUTHORIZING THE CHAIRMAN TO SIGN A QUIT CLAIM DEED AND RELATED DOCUMENTS TO TRANSFER PARCELS ON EAST LAKE ROAD AND ROUTE 256 Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the State of New York has previously discontinued maintenance of certain portions of East Lake Road and Route 256, and WHEREAS, the Superintendent of Highways has determined that the following parcels of property are of no 151 further use for highway purposes for the County of Livingston, and WHEREAS, the Superintendent of Highways has recommended that the following parcels be abandoned to the adjoining landowners, now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign quit claim deeds and related documents to transfer the following parcels to the parties listed upon payment to the County of Livingston of $100.00:

John J. And Nancy A. Baldwin, as Trustees under the Baldwin Living Trust and Lori A. Cisco ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Geneseo, County of Livingston, State of New York, bounded and described as follows: COMMENCING at the point of intersection of the south line of U.S. route 20A, Lakeville-Geneseo Road with the division line between the Town of Geneseo on the west and the Town of Livonia on the east, said point also being the centerline of the former Town Line Road;= thence 1) South 7Ε 39' 35" West and along the division line between the Town of Geneseo on the west and the Town of Livonia on the east a distance of 181.14 feet to a point; thence 2) South 82Ε 23' 25" West a distance of 34.21 feet to an iron pipe, said point being on the west highway line of the former Town Line Road; thence 3) northerly running along the west highway line of the former Town Line road a distance of 174.57 feet to a point in the south highway line of U.S. route 15A; thence 4) easterly along the south highway line of U.S. Route 20A on a curve to the right having a radius of 539.96 feet, an arc distance of 36,45 feet to the point of beginning.

Albert F. Brinkerhoff Beginning at an iron stake on the proposed new west line of East Lake Road at its intersection with the easterly extension of the north line of lands of Brinkerhoff, thence 1) S21Ε - 19' - 49"W along a line parallel with and 24.75 feet westerly from the centerline of East Lake Road for a distance of 89.21 feet to an iron stake, thence 2) N11Ε - 23'E and along the former west line of East Lake Road for a distance of 86.37 feet to an iron stake, thence 3) S84Ε - 10'E and along the easterly projection of the north line of lands of Brinkerhoff for a distance of 15.48 feet to the point of beginning. Containing 665 square feet of land.

Louise A. Casciani Beginning at an iron stake on the proposed new west line of East Lake Road at its intersection with the easterly projection of the north line of lands of Casciani, thence 1) S21Ε - 19' - 49"W and along a line parallel with and 24.75 feet westerly from the centerline of East Lake Road for a distance of 43.62 feet to an iron stake, thence 2) N72Ε - 43' - 41"W and along the easterly projection of the south line of lands of Casciani for a distance of 21.86 feet to a point, thence 3) N29Ε - 36' - 59"E and along the former west line of East Lake Road for a distance of 45.18 feet to a point, thence 4) N70Ε - 22' - 56"W and along the easterly projection of the north line of lands of Casciani for a distance of 15.30 feet to the point of beginning. Containing 816 square feet of land.

Michael & Janet Marshall Beginning at an iron stake on the proposed new west line of East Lake Road at its intersection with the easterly projection of the north line of lands of Marshall, thence 1) S21Ε - 19" - 49"W and along a line parallel with and 24.75 feet westerly from the centerline of East Lake 152

Road for a distance of 48.29 feet to an iron stake, thence 2) N84Ε - 10'W and along the easterly projection of the south line of lands of Marshall for a distance of 26.29 feet to an iron stake, thence 3) N19Ε - 26' - 10"E and along the former west line of East Lake Road for a distance of 48.81 feet to a point, thence 4) S82Ε - 17' - 30"E and along the easterly projection of the north line of lands of Marshall for a distance of 27.72 feet to the point of beginning. Containing 1274 square feet of land.

Ronald Schur Beginning at an iron stake on the proposed new west line of East Lake Road at its intersection with the easterly projection of the north line of lands of Schur, thence 1) S21Ε - 19' - 49"W and along a line parallel with and 24.75 feet westerly from the centerline of East lake Road for a distance of 62.26 feet to an iron stake, thence 2) N84Ε - 10'W and along the easterly projection of the south line of lands of Schur for a distance of 15.48 feet to an iron stake, thence 3) N11Ε - 23'E and along the former west line of East Lake Road for a distance of 60.28 feet to an iron stake, thence 4) S84Ε - 10'E and along the easterly projection of the north line of lands of Schur for a distance of 26.29 feet to the point of beginning. Containing 1253 square feet of land.

Barry Shapiro Beginning at an iron stake on the proposed new west line of East Lake Road at its intersection with the easterly projection of the north line of lands of Shapiro, thence 1) S21Ε - 19' - 49"W and along a line parallel with 24.75 feet westerly from the centerline of East Lake Road for a distance of 30.29 feet to an iron stake, thence 2) N82Ε - 17" - 30"W and along the easterly projection of the south line of lands of Shapiro for a distance of 27.72 feet to a point, thence 3) N29Ε - 36' - 59"E and along the former west line of East Lake Road for a distance of 35.64 feet to a point, thence 4) N72Ε - 43' - 41"E and along the easterly projection of the north line of lands of Shapiro for a distance of 21.86 feet to the point of beginning. Containing 789 square feet of land. Dated at Geneseo, New York July 28, 1999 Highway Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 232. CLASSIFYING THE PROPOSED RELOCATION OF THE INTERSECTION OF COUNTY ROUTE 20 (SHORT TRACT ROAD) AND STATE ROUTE 436 IN THE TOWN OF PORTAGE AS AN UNLISTED ACTION, AND ADOPTING A SEQR NEGATIVE DECLARATION PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County intends to purchase 1.8 acres from Willett Farms, Inc., and re-route County Route 20 (Short Tract Road) over that land to meet with State Route 436 west of the existing three-way intersection of County Route 20, State Route 436, and State Route 70; and WHEREAS, the proposed action is not listed as a Type I or Type II action according to the State 153

Environmental Quality Review Act; and WHEREAS, Parts I and II of the Environmental Assessment Form have been completed pursuant to the State Environmental Quality Review Act; and WHEREAS, potential impacts on the environment have been identified and will not result in any large and important impacts; now therefore be it RESOLVED, that the Livingston County Board of Supervisors classify this project as an Unlisted Action pursuant to the State Environmental Quality Review Act; and be it further RESOLVED, that the Livingston County Board of Supervisors does hereby determine that the proposed project will not have a significant effect on the environment, a draft Environmental Impact Statement will not be prepared, and the Livingston County Board of Supervisors does hereby adopt the Negative Declaration for the project and authorizes the County Administrator to sign the Negative Declaration form prepared for the project and file it according to law. Dated at Geneseo, New York July 28, 1999 Highway Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 233. AMENDING RULES OF ORDER OF THE BOARD OF SUPERVISORS Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that effective September 1, 1999, the existing Rules of Order of the Board of Supervisors of Livingston County be, and they hereby are, amended to read as follows: RULES OF ORDER ARTICLE 1 - MEETINGS 1. ORGANIZATION. The members of the Board of Supervisors shall organize the Board and elect a Chairman on or before the 8th day of January in each year. The Board shall annually, by resolution duly adopted during the month of December, fix the date, time and place of the meeting to organize the Board. The Clerk of the Board of Supervisors shall serve upon each member a notice stating the date, time and place of each meeting to organize the Board, and that a Chairman will then be elected. The notice shall be in writing, and shall be served by mail addressed to each member at his last known post office address at least forty-eight hours before the date of the meeting. 2. REGULAR MEETINGS. Regular meetings for the transaction of such business as may be brought before the Board, shall be held on the second and fourth Wednesday of each month in each year, at 1:30 o'clock in the afternoon, except when such days fall on a holiday, in which event the meeting shall be held on the day following. Furthermore, the Board of Supervisors may, by resolution approved by affirmative vote of two- thirds of the members of the Board, change the date of any meeting. Notice of any changed meeting date shall be published in the official papers of the County and mailed to each member by the Clerk of the Board at least forty-eight hours before the date fixed for holding the meeting. 3. SPECIAL MEETINGS. Special meetings shall be held at the call of the Clerk of the Board upon direction of the Chairman, or upon written request signed by a majority of the members of the Board. Notice in writing stating the time, place and purpose of the special meeting shall be served personally or by mail on each member by the Clerk of the Board at least forty-eight hours before the date fixed for holding the meeting, or a member may waive the service of the notice for such meeting by a writing signed by him. Only business specified in the notice thereof may be transacted at a special meeting. 4. PLACE OF MEETINGS. All meetings shall be held in the Livingston County Government Center, Geneseo, New York, except that any meeting can be adjourned and reconvened at another location, and except that special meetings may be held at any other place designated in the call therefore. ARTICLE 2 - ORDER OF BUSINESS At each session of the Board, business shall be taken up in the following order: 1. Roll Call 154

2. Pledge of Allegiance 3. Approval of Minutes 4. Public Hearings 5. Communications 6. Introduction of Local Laws 7. Abstract of Claims 8. Privileges of the Floor 9. Unfinished Business 10. Preferred Agenda 11. Resolutions 12. Other Business 13. Adjournment ARTICLE 3 - COMMITTEES 1. All standing committees, committee chairman and committee vice chairman shall be appointed by the Chairman of the Board, and each member of any standing committee shall serve until the end of the calendar year in which he shall have been selected, unless the Board shall have fixed a different period, but in any event, no member can serve longer than the term for which he shall have been elected as a Supervisor. Each Board member will hold either a Chairmanship or Vice-Chairmanship. Each Board member will hold three (3) Committee memberships. Each Committee shall be composed of five members, except the following which shall be composed of seven members each: Finance & Administration, Personnel & Employee Relations, Highway & Public Works and Health Committees. The Chairman of the Board shall be a member ex-officio of all committees and shall be entitled to vote at all committee meetings. In the absence of the Chairman of the Board of Supervisors, the Vice Chairman of the Board of Supervisors shall be a member ex-officio of all committees and shall be entitled to vote at all such meetings. There shall be no committee meetings conducted before 1:30 p.m. on the day of a Board meeting unless authorized by the Chairman of the Board. 2. Special Committees shall be appointed by the Chairman of the Board whenever authorized by a resolution of the Board, which resolution shall specify the powers and duties of the committee and the number of its members, and the period during which they shall serve. 3. Vacancies in Standing and Special Committees shall be filled by the Chairman of the Board from the Board's membership. 4. The following standing committees shall be appointed, to each of which shall be referred all matters of business embraced by its title and the various subdivisions thereunder: (1) Central Services & Consumer Affairs Committee (2) Finance & Administration Committee (3) Health Committee (4) Highway & Public Works Committee (5) Intergovernmental Affairs Committee (6) Legislative & Agricultural Affairs Committee (7) Personnel & Employee Relations Committee (8) Public Safety & Criminal Justice Committee 5. The Chairman of each committee shall be responsible for approving minutes of each committee meeting and filing them with the Clerk of the Board. 6. The committees shall have charge of all matters related to their respective subheadings. The designated subheadings are all inclusive; however, this is not to be construed to prevent the addition and assignment of other responsibilities as the need arises. ARTICLE 4 - CENTRAL SERVICES & CONSUMER AFFAIRS COMMITTEE Operating Departments: Central Services, Weights & Measures Functional Areas/Other Agencies: Capital Construction Projects, County Park, Engineering, Industrial Parks Capital ARTICLE 5 - FINANCE & ADMINISTRATION COMMITTEE 155

Operating Departments: Budget Officer, Clerk of the Board, County Attorney, County Auditor, County Treasurer, Information and Technology Services, Real Property Tax Services Functional Areas/Other Agencies: Bond Issues, County Budget, Education, Insurance, Investments, Judgment & Claims, Mortgage Tax, Purchasing, Rules of Order, Tax Sales, Town Indebtedness, Workers Compensation ARTICLE 6 - HEALTH COMMITTEE Operating Departments: Community Services, Office for the Aging, Public Health, Skilled Nursing Facilities Functional Areas/Other Agencies: Coroners, Dog Control, Emergency Medical Services (EMS), Livingston County Council on Alcoholism & Substance Abuse, Nicholas H. Noyes Memorial Hospital, Red Cross, Regional Health Planning Council, Rural Health Network ARTICLE 7 - HIGHWAY & PUBLIC WORKS COMMITTEE Operating Departments: Conesus Lake County Sewer District, Highway, Solid Waste, Water Districts Functional Areas/Other Agencies: Conesus Lake Association, Conesus Lake Compact of Towns, Greater Rochester Regional Transportation Authority, Livingston Area Transit Service, Livingston County Water & Sewer Authority ARTICLE 8 - INTERGOVERNMENTAL AFFAIRS COMMITTEE Operating Departments: Employment & Training, Historian, Social Services, Youth Bureau Functional Areas/Other Agencies: Chances & Changes, Historical Society, Youth Board ARTICLE 9 - LEGISLATIVE & AGRICULTURAL AFFAIRS COMMITTEE Operating Departments: Board of Elections, County Clerk, Economic Development, Planning, Records Management Functional Areas/Other Agencies: Ag & Farmland Protection Board, Ag Districts, All Legislation, Board of Ethics, Chamber of Commerce - Tourism, Community Initiatives Council (CIC), Cornell Cooperative Extension of Livingston County, Environmental Management Council (EMC), Farm Bureau, Genesee/Finger Lakes Regional Planning Council, Genesee Valley Council on the Arts, Grants Officer, Livingston County Industrial Development Agency, Livingston County Planning Board, Livingston County Soil & Water Conservation District, Pioneer Library System, Veterans Affairs ARTICLE 10 - PERSONNEL & EMPLOYEE RELATIONS COMMITTEE Operating Departments: Personnel Functional Areas/Other Agencies: Civil Service, Collective Bargaining, Employee Assistance Program, Fringe Benefits, Salary Schedule ARTICLE 11 - PUBLIC SAFETY & CRIMINAL JUSTICE COMMITTEE Operating Departments: District Attorney, Emergency Management Services, Probation, Public Defender, Sheriff Functional Areas/Other Agencies: Alternatives to Incarceration (ATI), E-911, Fire Advisory Board, Justices, Livingston County Law Enforcement Council (LEC), Livingston County Local Conditional Release Commission, Livingston County Traffic Safety Control Board, Livingston Groveland Correctional Advisory Board ARTICLE 12 - CLAIMS AND ACCOUNTS 1. The County Auditor, pursuant to Local Law No. 2 for the year 1990, shall audit all claims, accounts, and demands which are made County charges by law. The County Auditor shall be responsible for presenting to the Finance Committee Abstract of Claims for these charges to be presented for approval by the full Board of Supervisors. The County Auditor, subject to the approval of the Board of Supervisors and the County Administrator, shall promulgate rules and policies governing the presentation of such claims, accounts and demands by County departments and agencies. Upon approval by the Board of Supervisors, the County Auditor shall present such claims to the County Treasurer for payment. 2. The County Administrator, pursuant to Local Law No. 3 for the year 1988, shall be the Chief Budget, Purchasing and Property Officer for the County. The County Administrator, subject to the approval of the Board of Supervisors, shall promulgate rules and policies governing the preparation and management of the County Budget and for the purchasing and property management function of the County. ARTICLE 13 - SALARIES 1. All elective officers and all officers appointed by the Board of Supervisors at fixed salaries shall be paid by the County Treasurer in accordance with the statute or resolution fixing such salaries and upon certification of a proper payroll. 156

2. All other county officials and employees authorized by statute or by a resolution of this Board shall be paid by the County Treasurer in accordance with the statute or resolution fixing their compensation and upon certification of a proper payroll. 3. Such payrolls shall be certified as correct for the period of service and the amount due all employees by their respective department heads. ARTICLE 14 - RESOLUTIONS All resolutions to be presented to the Board at any regular meeting thereof shall be filed with the Clerk of the Board not later than the close of business on Wednesday of the week preceding such regular meeting. Nothing herein contained, however, shall affect the legality of any resolution duly enacted by the Board which has not been so presented. ARTICLE 15 - RULES OF PROCEDURE 1. QUORUM. A majority of the whole number of the members of the Board of Supervisors shall constitute a quorum for the transaction of business, except in such cases where a larger number is required by law, but a less number may adjourn. The term "whole number of the members of the Board", and "whole numbers of its membership" shall be construed to mean the total number which the Board of Supervisors would have were there no vacancies and none of the Supervisors disqualified from acting. 2. CHAIRMAN OF THE BOARD. The Chairman shall preside over all meetings of the Board, and preserve order and decorum during its sessions, and decide all questions of order, subject to appeal to the Board from such decisions. He shall vote all questions before the Board, unless excused from so doing by the Board. A request by the Chairman to be excused from voting, must be made prior to the Clerk of the Board commencing the roll call. 3. VICE CHAIRMAN OF THE BOARD. In the absence of the Chairman, the Vice-Chairman, shall preside over each duly constituted meeting of the board; shall have and exercise all the powers and duties of the Chairman at any meeting over which he is called to preside; and shall have and exercise those additional powers and duties authorized by resolution of the board, provided such resolution shall specify: i. The dates during which the Vice-Chairman may exercise those powers and duties; and ii. That the powers and duties authorized to the Vice-Chairman shall not be exercised by the Chairman during that designated time period. The Vice Chairman of the Board of Supervisors shall be appointed by the Chairman of the Board of Supervisors. The appointment shall be made within fifteen (15) days of the election of the Chairman of the Board of Supervisors. The term of office of the Vice Chairman of the Board of Supervisors shall expire at the end of the calendar year in which he or she is appointed. 4. PRIVILEGES OF MEMBERS. a. No member rising to take part in the proceedings shall proceed until he has addressed the Chairman and has been recognized by him. b. No member shall speak more than twice upon any question without consent of the Board. c. If any member of the Board is called to order while speaking, he shall take his seat until the question is determined, unless permitted by the Board to explain. d. Every member present, when a question is stated by the Chair, shall vote thereon, unless excused by the Board. A request by a member to be excused from voting, must be made prior to the Clerk of the Board commencing the roll call. 5. EXECUTIVE SESSIONS. Executive Sessions may be held during any regular or special meeting of the Board of Supervisors or during any committee meeting. Executive Sessions shall be called in accordance with Article 7 of the Public Officers Law. Prior to entering Executive Session, the members shall select by a majority vote a Chairman to preside and a Clerk to act during the Executive Session. 6. MOTIONS AND RESOLUTIONS: a. No reports of committees, or resolutions or motions calling for an appropriation or the payment of bills shall be presented to the Board unless funds are available for such purposes or otherwise provided. b. Every motion or resolution shall be first stated by the Chairman or read by the Clerk before debate, and 157

immediately before the question is put thereon; and every such motion, except those specified in subdivision "f" of this rule shall be reduced to writing if the Chairman or any member so request. c. After a motion has been stated by the Chair, it shall be deemed before the Board, but may be withdrawn at any time before a vote is had thereon by permission of the Board. d. If a question under debate contains several distinct propositions the same shall be divided by the Chairman upon request of any member, to the end that a vote may be taken on each proposition, but a motion to strike out and insert shall be indivisible. e. When a blank is to be filled, or different sums or times are proposed, the questions shall first be put upon the largest sum, the longest time, or the latest date. f. When any question is under debate, no motion shall be entertained except one of the following: - To fix the time to which to adjourn. - To adjourn. - For special orders of the day. - For the previous question. - To lay on the table. - To postpone to a definite time. - To commit. - To amend. - To postpone indefinitely. - Such motions shall have precedence in the order in which they are stated in this rule. g. No motion for reconsideration, except by unanimous consent, or as hereinafter provided, shall be in order, except during the same meeting, or the meeting following that on which the action which is proposed to be reconsidered took place; nor unless such reconsideration is moved by a member who voted with the majority upon such action. A motion for the reconsideration shall not be renewed after having been once put and lost; nor shall any action be reconsidered a second time without the unanimous consent. In case any member is absent at the time any action is taken by the Board, he may move for reconsideration of such action at the first meeting which he may attend after having learned of such action, subject to the limitations on unfinished business hereinafter contained. 7. RESOLUTIONS AND REPORTS TO LIE OVER. All resolutions calling for or leading to an expenditure of money, and all reports of committees shall, after presentation to the Board, lay over without action until the next meeting of the Board, except that by unanimous consent the same may be acted upon at the time of presentation. An objection to unanimous consent must be made by a member of the Board prior to the Clerk of the Board commencing the roll call. If such matter is not brought up for action at the next meeting after it is originally presented to the Board, it may be brought up at any subsequent meeting on the request of any member of the Board, subject to the limitations on unfinished business hereinafter contained. 8. PREFERRED AGENDA. A preferred agenda may be presented at any regular session of the Board of Supervisors. That agenda shall be limited to resolutions of a routine and non-financial nature (advisory board appointments, declaring surplus equipment, providing for public hearings, proclamations, authorizing conveyance, etc.). Any Supervisor may request and must be granted in all instances, that separate consideration be given to any resolution within the Preferred Agenda, as such Agenda comes before the Board for consideration. The Preferred Agenda, as such, shall be voted upon by a single Roll Call vote. The Clerk of the Board shall assign appropriate numbers to each resolution within the Preferred Agenda. 9. VOTE BY ROLL CALL. Every question which involves an appropriation or expenditure of money by the County shall be determined by a roll call of the members present; but such roll call shall not be necessary upon questions involving an appropriation or expenditure of money by a single town when such motion is made by the member from such town. In the event any member shall demand a roll call upon any other question, the vote shall be taken accordingly; and all votes upon roll call shall be entered upon the minutes. 10. LIMITATIONS ON UNFINISHED BUSINESS. All matters undisposed of at the termination of the calendar year shall automatically die, and must thereafter, if further consideration or action is desired, be brought anew 158

before the Board as if never before introduced, unless otherwise ordered by a majority vote of the Board at any regular meeting thereof held in the month of December. ARTICLE 16 - AMENDMENT OF RULES These rules shall not be amended except upon the affirmative vote of two-thirds of the members of the Board, after the proposed amendment has been submitted in writing and has laid over until the next meeting of the Board, but any rule may be suspended, for one meeting only, by unanimous consent. Revised, July 14, 1993 Revised, February 22, 1995 Revised, December 18, 1996 Revised, July 9, 1997 Revised, August 11, 1999 Dated at Geneseo, New York July 28, 1999 Legislative Committee Pursuant to the Rules of Order, this resolution will be laid over until the next regular meeting.

RESOLUTION NO. 99 - 234. APPOINTING MEMBER TO THE GENESEE-LIVINGSTON-ORLEANS- WYOMING (GLOW) PRIVATE INDUSTRY COUNCIL - MAY Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that this Board of Supervisors does hereby approve the appointment of the following person to the Genesee-Livingston-Orleans-Wyoming Private Industry Council for such designated term: NAME REPRESENTS TERM EXPIRES Stanley May At large/Veterans 6/30/00 District Director of Western NY Vietnam Veterans of America #193 6805 Midvale Drive Castile, NY 14427 Dated at Geneseo, New York July 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 235. AWARDING BID FOR FURNACES FOR THE HOME WEATHERIZATION ASSISTANCE PROGRAM Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for the purchase of furnaces for the Home Weatherization Assistance Program, bids were sent to nine vendors and one bid was received and opened on June 28, 1999 by the Office of the Livingston County Administrator, and Harris Supply of 87 Franklin Street, Dansville, New York 14437 was the low acceptable bid, for the following various types of furnaces, which are on file at the Office of the Livingston County Administrator: High Efficiency Gas Fired High Efficiency Upflow Gas Oil Fired Furnaces NOW, THEREFORE, BE IT RESOLVED, that the Livingston County Director of Planning is hereby authorized to purchase furnaces from the bidder hereinbefore set forth during the term of their bid, beginning July 1, 1999 and ending June 30, 2000, and it is further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign said contract, subject to review by the County Administrator and County Attorney. 159

Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 28, 1999 Legislative Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 236. AUTHORIZING AN AGREEMENT WITH MONROE COUNTY PUBLIC SAFETY LABORATORY (REGIONAL CRIME LABORATORY) FOR FORENSIC LABORATORY SERVICES Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an Agreement between the Monroe County Public Safety Laboratory (Regional Crime Laboratory) for Forensic Laboratory Services for a period January 1, 2000 through December 31, 2000, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 28, 1999 Public Safety Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 237. AMENDING THE 1999 SALARY SCHEDULE - PUBLIC HEALTH Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: PUBLIC HEALTH Create one (1) Administrative Secretary position and delete one (1) Senior Typist position effective August 1, 1999. Create one (1) Full-Time Clinical Aide position and delete one (1) Part-Time Clinical Aide position. Create one (1) Full-Time Caseworker position and delete one (1) Part-Time Caseworker position. Create one (1) Full-Time Public Health Nurse position and delete one (1) Part-Time (3/5) Public Health Nurse position effective August 1, 1999. Create one (1) Part-Time (2) Registered Professional Nurse position. Dated at Geneseo, New York July 28, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted.

RESOLUTION NO. 99 - 238. AUTHORIZING A CONTRACT WITH NEW DIRECTIONS YOUTH & FAMILY SERVICES, INC. FOR NON-SECURE DETENTION SERVICES FOR YOUTH Mrs. Avery presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized and directed to execute an agreement between the County of Livingston and the New Directions Youth & Family Services, Inc. providing for the conditions under which the New Directions Youth & Family Services, Inc. located in New Directions, New York, will receive juveniles from Livingston County during the period July 1, 1999 through June 30, 2000, subject to review by the County Administrator and County Attorney. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York July 28, 1999 Social Services Committee The roll was called as follows: Ayes - 1,702 Noes - 0; Absent - House, 112; Adopted. 160

OTHER BUSINESS 1. Mr. Stewart questioned the weighted vote of 1,832 on the Rules of Order as opposed to the simple majority of 1,814. The County Attorney explained that the amendment to the Rules of Order must be adopted by a 2/3 majority. 2. Mr. Moore questioned the difference in the Town weighted votes. The County Attorney stated that every ten years the weighted vote is mathematically calculated by L. Papayanopoulos, Reapportionment Consultant of West Orange, New Jersey.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Bassage to adjourn until Wednesday, August 11, 1999 at 1:30 p.m. Carried.

The Board adjourned at 1:57 p.m. 161

REGULAR BOARD MEETING WEDNESDAY, AUGUST 11, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members except Mr. Jaeger.

The Pledge of Allegiance.

MINUTES Minutes of 7/28/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. A meeting has been scheduled on August 25, 1999 at 3:00 p.m. in the Livingston County Government Center, Room 205/208 with Grants Officer Stuart I. Brown who will provide an update and discuss the present County/Town grant activities and programs. 2. Finger Lakes Health Systems Agency 1998-99 Annual Report and Audited Financial Statements as of March 31, 1999. 3. Intercounty Association of Western New York, August 19, 1999, 9:30 a.m. Orleans County Marine Park, Point Breeze, New York. PROGRAM: Fly Fishing in Western New York and Tour of Oak Orchard River and the Point Breeze Harbor by Orleans County Tourism Office.

RESOLUTION NO. 99-239. APPROVING ABSTRACT OF CLAIMS #8A - AUGUST 11, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #8A dated August 11, 1999 in the total amount of $2,124,336.38. Dated at Geneseo, New York August 11, 1999 Finance Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

PRIVILEGE OF THE FLOOR 1. County Administrator Dominic F. Mazza presented a number of handouts (on file) which outlined the impacts of the 2000 State Budget on Livingston County. The primary areas of discussion concerned cost shifts and loss of cost containment savings in the Medicaid program. Also discussed were the impact of the national tobacco settlement, County Clerk=s motor vehicle fees, and D & E felon reimbursements. UNFINISHED BUSINESS

Mr. Layland moved and Mr. Daley seconded to move Res. 99-233. Carried.

RESOLUTION NO. 99-233. AMENDING RULES OF ORDER OF THE BOARD OF SUPERVISORS Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that effective September 1, 1999, the existing Rules of Order of the Board of Supervisors of Livingston County be, and they hereby are, amended to read as follows:

RULES OF ORDER 162

ARTICLE 1 - MEETINGS 1. ORGANIZATION. The members of the Board of Supervisors shall organize the Board and elect a Chairman on or before the 8th day of January in each year. The Board shall annually, by resolution duly adopted during the month of December, fix the date, time and place of the meeting to organize the Board. The Clerk of the Board of Supervisors shall serve upon each member a notice stating the date, time and place of each meeting to organize the Board, and that a Chairman will then be elected. The notice shall be in writing, and shall be served by mail addressed to each member at his last known post office address at least forty-eight hours before the date of the meeting. 2. REGULAR MEETINGS. Regular meetings for the transaction of such business as may be brought before the Board, shall be held on the second and fourth Wednesday of each month in each year, at 1:30 o'clock in the afternoon, except when such days fall on a holiday, in which event the meeting shall be held on the day following. Furthermore, the Board of Supervisors may, by resolution approved by affirmative vote of two- thirds of the members of the Board, change the date of any meeting. Notice of any changed meeting date shall be published in the official papers of the County and mailed to each member by the Clerk of the Board at least forty-eight hours before the date fixed for holding the meeting. 3. SPECIAL MEETINGS. Special meetings shall be held at the call of the Clerk of the Board upon direction of the Chairman, or upon written request signed by a majority of the members of the Board. Notice in writing stating the time, place and purpose of the special meeting shall be served personally or by mail on each member by the Clerk of the Board at least forty-eight hours before the date fixed for holding the meeting, or a member may waive the service of the notice for such meeting by a writing signed by him. Only business specified in the notice thereof may be transacted at a special meeting. 4. PLACE OF MEETINGS. All meetings shall be held in the Livingston County Government Center, Geneseo, New York, except that any meeting can be adjourned and reconvened at another location, and except that special meetings may be held at any other place designated in the call therefore. ARTICLE 2 - ORDER OF BUSINESS At each session of the Board, business shall be taken up in the following order: 1. Roll Call 2. Pledge of Allegiance 3. Approval of Minutes 4. Public Hearings 5. Communications 6. Introduction of Local Laws 7. Abstract of Claims 8. Privileges of the Floor 9. Unfinished Business 10. Preferred Agenda 11. Resolutions 12. Other Business 13. Adjournment ARTICLE 3 - COMMITTEES 1. All standing committees, committee chairman and committee vice chairman shall be appointed by the Chairman of the Board, and each member of any standing committee shall serve until the end of the calendar year in which he shall have been selected, unless the Board shall have fixed a different period, but in any event, no member can serve longer than the term for which he shall have been elected as a Supervisor. Each Board member will hold either a Chairmanship or Vice-Chairmanship. Each Board member will hold three (3) Committee memberships. Each Committee shall be composed of five members, except the following which shall be composed of seven members each: Finance & Administration, Personnel & Employee Relations, Highway & Public Works and Health Committees. The Chairman of the Board shall be a member ex-officio of all committees and shall be entitled to vote at all committee meetings. In the absence of the Chairman of the 163

Board of Supervisors, the Vice Chairman of the Board of Supervisors shall be a member ex-officio of all committees and shall be entitled to vote at all such meetings. There shall be no committee meetings conducted before 1:30 p.m. on the day of a Board meeting unless authorized by the Chairman of the Board.

2. Special Committees shall be appointed by the Chairman of the Board whenever authorized by a resolution of the Board, which resolution shall specify the powers and duties of the committee and the number of its members, and the period during which they shall serve. 3. Vacancies in Standing and Special Committees shall be filled by the Chairman of the Board from the Board's membership. 4. The following standing committees shall be appointed, to each of which shall be referred all matters of business embraced by its title and the various subdivisions thereunder: (1) Central Services & Consumer Affairs Committee (2) Finance & Administration Committee (3) Health Committee (4) Highway & Public Works Committee (5) Intergovernmental Affairs Committee (6) Legislative & Agricultural Affairs Committee (7) Personnel & Employee Relations Committee (8) Public Safety & Criminal Justice Committee 5. The Chairman of each committee shall be responsible for approving minutes of each committee meeting and filing them with the Clerk of the Board. 6. The committees shall have charge of all matters related to their respective subheadings. The designated subheadings are all inclusive; however, this is not to be construed to prevent the addition and assignment of other responsibilities as the need arises. ARTICLE 4 - CENTRAL SERVICES & CONSUMER AFFAIRS COMMITTEE Operating Departments: Central Services, Weights & Measures Functional Areas/Other Agencies: Capital Construction Projects, County Park, Engineering, Industrial Parks Capital ARTICLE 5 - FINANCE & ADMINISTRATION COMMITTEE Operating Departments: Budget Officer, Clerk of the Board, County Attorney, County Auditor, County Treasurer, Information and Technology Services, Real Property Tax Services Functional Areas/Other Agencies: Bond Issues, County Budget, Education, Insurance, Investments, Judgment & Claims, Mortgage Tax, Purchasing, Rules of Order, Tax Sales, Town Indebtedness, Workers Compensation ARTICLE 6 - HEALTH COMMITTEE Operating Departments: Community Services, Office for the Aging, Public Health, Skilled Nursing Facilities Functional Areas/Other Agencies: Coroners, Dog Control, Emergency Medical Services (EMS), Livingston County Council on Alcoholism & Substance Abuse, Nicholas H. Noyes Memorial Hospital, Red Cross, Regional Health Planning Council, Rural Health Network ARTICLE 7 - HIGHWAY & PUBLIC WORKS COMMITTEE Operating Departments: Conesus Lake County Sewer District, Highway, Solid Waste, Water Districts Functional Areas/Other Agencies: Conesus Lake Association, Conesus Lake Compact of Towns, Greater Rochester Regional Transportation Authority, Livingston Area Transit Service, Livingston County Water & Sewer Authority ARTICLE 8 - INTERGOVERNMENTAL AFFAIRS COMMITTEE Operating Departments: Employment & Training, Historian, Social Services, Youth Bureau Functional Areas/Other Agencies: Chances & Changes, Historical Society, Youth Board ARTICLE 9 - LEGISLATIVE & AGRICULTURAL AFFAIRS COMMITTEE Operating Departments: Board of Elections, County Clerk, Economic Development, Planning, Records Management Functional Areas/Other Agencies: Ag & Farmland Protection Board, Ag Districts, All Legislation, Board of Ethics, Chamber of Commerce - Tourism, Community Initiatives Council (CIC), Cornell Cooperative Extension of Livingston County, Environmental Management Council (EMC), Farm Bureau, Genesee/Finger Lakes Regional 164

Planning Council, Genesee Valley Council on the Arts, Grants Officer, Livingston County Industrial Development Agency, Livingston County Planning Board, Livingston County Soil & Water Conservation District, Pioneer Library System, Veterans Affairs ARTICLE 10 - PERSONNEL & EMPLOYEE RELATIONS COMMITTEE

Operating Departments: Personnel Functional Areas/Other Agencies: Civil Service, Collective Bargaining, Employee Assistance Program, Fringe Benefits, Salary Schedule ARTICLE 11 - PUBLIC SAFETY & CRIMINAL JUSTICE COMMITTEE Operating Departments: District Attorney, Emergency Management Services, Probation, Public Defender, Sheriff Functional Areas/Other Agencies: Alternatives to Incarceration (ATI), E-911, Fire Advisory Board, Justices, Livingston County Law Enforcement Council (LEC), Livingston County Local Conditional Release Commission, Livingston County Traffic Safety Control Board, Livingston Groveland Correctional Advisory Board ARTICLE 12 - CLAIMS AND ACCOUNTS 1. The County Auditor, pursuant to Local Law No. 2 for the year 1990, shall audit all claims, accounts, and demands which are made County charges by law. The County Auditor shall be responsible for presenting to the Finance Committee Abstract of Claims for these charges to be presented for approval by the full Board of Supervisors. The County Auditor, subject to the approval of the Board of Supervisors and the County Administrator, shall promulgate rules and policies governing the presentation of such claims, accounts and demands by County departments and agencies. Upon approval by the Board of Supervisors, the County Auditor shall present such claims to the County Treasurer for payment. 2. The County Administrator, pursuant to Local Law No. 3 for the year 1988, shall be the Chief Budget, Purchasing and Property Officer for the County. The County Administrator, subject to the approval of the Board of Supervisors, shall promulgate rules and policies governing the preparation and management of the County Budget and for the purchasing and property management function of the County. ARTICLE 13 - SALARIES 1. All elective officers and all officers appointed by the Board of Supervisors at fixed salaries shall be paid by the County Treasurer in accordance with the statute or resolution fixing such salaries and upon certification of a proper payroll. 2. All other county officials and employees authorized by statute or by a resolution of this Board shall be paid by the County Treasurer in accordance with the statute or resolution fixing their compensation and upon certification of a proper payroll. 3. Such payrolls shall be certified as correct for the period of service and the amount due all employees by their respective department heads. ARTICLE 14 - RESOLUTIONS All resolutions to be presented to the Board at any regular meeting thereof shall be filed with the Clerk of the Board not later than the close of business on Wednesday of the week preceding such regular meeting. Nothing herein contained, however, shall affect the legality of any resolution duly enacted by the Board which has not been so presented. ARTICLE 15 - RULES OF PROCEDURE 1. QUORUM. A majority of the whole number of the members of the Board of Supervisors shall constitute a quorum for the transaction of business, except in such cases where a larger number is required by law, but a less number may adjourn. The term "whole number of the members of the Board", and "whole numbers of its membership" shall be construed to mean the total number which the Board of Supervisors would have were there no vacancies and none of the Supervisors disqualified from acting. 2. CHAIRMAN OF THE BOARD. The Chairman shall preside over all meetings of the Board, and preserve order and decorum during its sessions, and decide all questions of order, subject to appeal to the Board from such decisions. He shall vote all questions before the Board, unless excused from so doing by the Board. A request by the Chairman to be excused from voting, must be made prior to the Clerk of the Board commencing the roll 165

call. 3. VICE CHAIRMAN OF THE BOARD. In the absence of the Chairman, the Vice-Chairman, shall preside over each duly constituted meeting of the board; shall have and exercise all the powers and duties of the Chairman at any meeting over which he is called to preside; and shall have and exercise those additional powers and duties authorized by resolution of the board, provided such resolution shall specify: I. The dates during which the Vice-Chairman may exercise those powers and duties; and ii. That the powers and duties authorized to the Vice-Chairman shall not be exercised by the Chairman during that designated time period. The Vice Chairman of the Board of Supervisors shall be appointed by the Chairman of the Board of Supervisors. The appointment shall be made within fifteen (15) days of the election of the Chairman of the Board of Supervisors. The term of office of the Vice Chairman of the Board of Supervisors shall expire at the end of the calendar year in which he or she is appointed. 4. PRIVILEGES OF MEMBERS. a. No member rising to take part in the proceedings shall proceed until he has addressed the Chairman and has been recognized by him. b. No member shall speak more than twice upon any question without consent of the Board. c. If any member of the Board is called to order while speaking, he shall take his seat until the question is determined, unless permitted by the Board to explain. d. Every member present, when a question is stated by the Chair, shall vote thereon, unless excused by the Board. A request by a member to be excused from voting, must be made prior to the Clerk of the Board commencing the roll call. 5. EXECUTIVE SESSIONS. Executive Sessions may be held during any regular or special meeting of the Board of Supervisors or during any committee meeting. Executive Sessions shall be called in accordance with Article 7 of the Public Officers Law. Prior to entering Executive Session, the members shall select by a majority vote a Chairman to preside and a Clerk to act during the Executive Session. 6. MOTIONS AND RESOLUTIONS: a. No reports of committees, or resolutions or motions calling for an appropriation or the payment of bills shall be presented to the Board unless funds are available for such purposes or otherwise provided. b. Every motion or resolution shall be first stated by the Chairman or read by the Clerk before debate, and immediately before the question is put thereon; and every such motion, except those specified in subdivision "f" of this rule shall be reduced to writing if the Chairman or any member so request. c. After a motion has been stated by the Chair, it shall be deemed before the Board, but may be withdrawn at any time before a vote is had thereon by permission of the Board. d. If a question under debate contains several distinct propositions the same shall be divided by the Chairman upon request of any member, to the end that a vote may be taken on each proposition, but a motion to strike out and insert shall be indivisible. e. When a blank is to be filled, or different sums or times are proposed, the questions shall first be put upon the largest sum, the longest time, or the latest date. f. When any question is under debate, no motion shall be entertained except one of the following: - To fix the time to which to adjourn. - To adjourn. - For special orders of the day. - For the previous question. - To lay on the table. - To postpone to a definite time. - To commit. - To amend. - To postpone indefinitely. - Such motions shall have precedence in the order in which they are stated in this rule. 166

g. No motion for reconsideration, except by unanimous consent, or as hereinafter provided, shall be in order, except during the same meeting, or the meeting following that on which the action which is proposed to be reconsidered took place; nor unless such reconsideration is moved by a member who voted with the majority upon such action. A motion for the reconsideration shall not be renewed after having been once put and lost; nor shall any action be reconsidered a second time without the unanimous consent. In case any member is absent at the time any action is taken by the Board, he may move for reconsideration of such action at the first meeting which he may attend after having learned of such action, subject to the limitations on unfinished business hereinafter contained. 7. RESOLUTIONS AND REPORTS TO LIE OVER. All resolutions calling for or leading to an expenditure of money, and all reports of committees shall, after presentation to the Board, lay over without action until the next meeting of the Board, except that by unanimous consent the same may be acted upon at the time of presentation. An objection to unanimous consent must be made by a member of the Board prior to the Clerk of the Board commencing the roll call. If such matter is not brought up for action at the next meeting after it is originally presented to the Board, it may be brought up at any subsequent meeting on the request of any member of the Board, subject to the limitations on unfinished business hereinafter contained. 8. PREFERRED AGENDA. A preferred agenda may be presented at any regular session of the Board of Supervisors. That agenda shall be limited to resolutions of a routine and non-financial nature (advisory board appointments, declaring surplus equipment, providing for public hearings, proclamations, authorizing conveyance, etc.). Any Supervisor may request and must be granted in all instances, that separate consideration be given to any resolution within the Preferred Agenda, as such Agenda comes before the Board for consideration. The Preferred Agenda, as such, shall be voted upon by a single Roll Call vote. The Clerk of the Board shall assign appropriate numbers to each resolution within the Preferred Agenda. 9. VOTE BY ROLL CALL. Every question which involves an appropriation or expenditure of money by the County shall be determined by a roll call of the members present; but such roll call shall not be necessary upon questions involving an appropriation or expenditure of money by a single town when such motion is made by the member from such town. In the event any member shall demand a roll call upon any other question, the vote shall be taken accordingly; and all votes upon roll call shall be entered upon the minutes. 10. LIMITATIONS ON UNFINISHED BUSINESS. All matters undisposed of at the termination of the calendar year shall automatically die, and must thereafter, if further consideration or action is desired, be brought anew before the Board as if never before introduced, unless otherwise ordered by a majority vote of the Board at any regular meeting thereof held in the month of December. ARTICLE 16 - AMENDMENT OF RULES These rules shall not be amended except upon the affirmative vote of two-thirds of the members of the Board, after the proposed amendment has been submitted in writing and has laid over until the next meeting of the Board, but any rule may be suspended, for one meeting only, by unanimous consent. Revised, July 14, 1993 Revised, February 22, 1995 Revised, December 18, 1996 Revised, July 9, 1997 Revised, August 11, 1999 Dated at Geneseo, New York July 28, 1999 (Introduced) August 11, 1999 Legislative Committee The roll was called as follows (2/3 vote): Ayes - 1,807 Noes - 0; Absent - Jaeger, 25; Adopted. Chairman Merrick announced that the Standing Committees will be mailed to the Supervisors by Monday and each Committee Chairman should confirm their committee meeting schedule.

RESOLUTION NO. 99-240. AWARDING BID FOR SIGNAGE - LIVINGSTON COUNTY CAMPUS 167

Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for signage for the Livingston County Campus, five bids were received, then opened on July 22, 1999, now, therefore, be it RESOLVED, that the bid of Visual Impact Graphics of 6816 Byron-Holly Road, Byron, New York 14222, in an amount not to exceed Ten Thousand Five Hundred Dollars ($10,500.00), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman is hereby authorized to sign said contract, subject to review by the County Attorney and County Administrator. RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York August 11, 1999 Buildings Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-241. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, PLANNING, PUBLIC HEALTH, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Finance Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-242. AUTHORIZING SUBMISSION OF AN APPLICATION FOR A HIGHWAY SALT STORAGE ASSISTANCE GRANT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston, herein called the ΑMunicipality≅, 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 ΑProject≅, 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 water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter such a contract; now therefore be it RESOLVED, by the County of Livingston that the Chairman of the Board of Supervisors is authorized to act on behalf of the Municipality=s governing body in all matters related to State assistance under ECL Article 56, Title 3. The Chairman is also authorized to make application, execute the State Assistance Contract, 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 and that funds will be available to initiate the Project=s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation and be it further RESOLVED, that one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments and be it further RESOLVED, that this Resolution take effect immediately. Dated at Geneseo, New York August 11, 1999 168

Finance Committee The County Administrator explained that this resolution allows for an application to be submitted for a highway salt storage grant. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-243. ESTABLISHING CAPITAL PROJECT - HAMLET OF CONESUS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Zone 2 of County Water District #1 - Hamlet of Conesus has now secured a long-term funding commitment from United States Department of Agriculture, New York Rural Development, and WHEREAS, the County of Livingston will be issuing a Bond Anticipation Note for the project in August 1999, now, therefore, be it RESOLVED, that the County Treasurer is authorized and hereby directed to establish capital project account H8311.2900 County Water Zone 2 in the amount of $1,000,000 to be funded from anticipated revenues H4991 Federal grant from United States Department of Agriculture, New York Rural Development in the amount of $417,700 and from Federal Loan from Rural Development in an amount of $582,300. Dated at Geneseo, New York August 11, 1999 Finance Committee Catherine Muscarella, Public Works Director, briefly described the use of the funding sources. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-244. AUTHORIZING THE COUNTY TREASURER TO INCREASE CAPITAL PROJECTS INFRASTRUCTURE ACCOUNT Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors does hereby authorize the County Treasurer to increase Capital Projects H 6989.2900 Infrastructure Projects in the amount of $1,000,000.00 from H 6989.5031 Transfer from General Fund Economic Development and Infrastructure Reserve pursuant to the provisions of Res. No. 99-102 and Res. No. 99-115 both dated March 24, 1999 which authorized the purchase of the remaining acreage of Avon Crossroads Industrial Park. Dated at Geneseo, New York August 11, 1999 Finance Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-245. AUTHORIZING ACCEPTANCE OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT - PROBATION DEPARTMENT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County has been awarded a Juvenile Accountability Incentive Block Grant in the amount of $16,885 by the New York State Division of Criminal Justice Services, and WHEREAS, the County of Livingston is honored that it has been selected to receive this grant, now, therefore, be it RESOLVED, that Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the grant award, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York August 11, 1999 Finance Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-246. DECLARING SURPLUS PROPERTY - CENTRAL SERVICES 169

Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: CENTRAL SERVICES Flink Spreader Model #LMC-6A with pipe frame base, Serial #1642 John Deere Spin Spreader, Model #301. County ID B-1833 Dated at Geneseo, New York August 11, 1999 Finance Committee The County Administrator explained that a process will be determined to dispose of this property and that the towns will be informed once that decision is made. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-247. PROVIDING FOR CLOTHING AND FOOTWEAR EXEMPTION FROM SALES AND USE TAXES FOR THE PERIOD SEPTEMBER 1, 1999 THROUGH SEPTEMBER 7, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the State of New York has enacted legislation exempting clothing purchases from the state- level sales tax during the period of September 1, 1999 through September 7, 1999, and WHEREAS, Counties that have a local sales tax can enact a resolution to also exempt the County-level sales tax from said purchases, and WHEREAS, the Board of Supervisors of Livingston County is also desirous to participate in the one-week exemption, now, therefore, be it RESOLVED, that receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph 30-a of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction, and be it further RESOLVED, that this resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing September 1, 1999 and ending September 7, 1999, although made or occurring under a prior contract. Dated at Geneseo, New York August 11, 1999 Finance Committee Mr. Daley, Avon Supervisor, questioned the loss of revenue as a result of this tax exemption. The County Administrator responded that it is very difficult to determine the amount of revenue lost through this tax exemption process and estimated a figure of approximately $20,000. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-248. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - New York State Department of Health for Childhood Lead Poisoning Prevention Program, and State University of New York at Alfred for Clinical Field Work Experience Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Attorney and County Administrator: New York State Department of Health for Childhood Lead Poisoning Prevention Program 4/01/99 - 3/31/00 170

State University of New York at Alfred for Clinical Field Work Experience 9/1/99 - 8/31/00 Dated at Geneseo, New York August 11, 1999 Health Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-249. REMOVING .16 MILES OF COUNTY ROAD #67 (NOW MORROW ROAD) IN THE TOWN OF YORK FROM THE COUNTY ROAD SYSTEM Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, pursuant to Section 115-b of the Highway Law, the County Superintendent of Highways has recommended the removal of .16 miles of County Road #67 in the Town of York from the County Road System, and WHEREAS, the Town Board of the Town of York has passed a resolution agreeing to the removal, now, therefore, be it RESOLVED, that .16 miles of County Road #67 is removed from the County Road System upon the signing of a written agreement between the Town of York and the County of Livingston, said agreement to be drafted by the County Attorney, and be it further RESOLVED, that upon the signing of the written agreement, the County Road Map is amended to eliminate .16 miles of County Road #67 from the County Road Map referred to in Section 115 of the Highway Law. Dated at Geneseo, New York August 11, 1999 Highway Committee County Attorney David Morris explained that the County had authorized this removal of .16 miles of County Road #67 a number of years ago (Highway Minutes November 5, 1997), and stated that this resolution is authorizing the transfer. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-250. APPOINTING MEMBER TO THE LOCAL CONDITIONAL RELEASE COMMISSION - BOVARD Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, Res. No. 89-230 established a Conditional Release Commission to determine whether individuals should be conditionally released from County Jail and to monitor them if they are released, and WHEREAS, the Livingston County Board of Supervisors originally appointed David W. Bovard pursuant to Res. No. 98-274 for a term expiring 9/5/99, and WHEREAS, David W. Bovard desires to be reappointed for a four-year term, it is hereby RESOLVED, that David W. Bovard of 6256 State Route 63 South, Dansville, New York 14437 is hereby appointed to the Local Conditional Release Commission for a four-year term to expire September 5, 2003. Dated at Geneseo, New York August 11, 1999 Judicial Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-251. AUTHORIZING AMENDED CONTRACT WITH THE FINGER LAKES ASSOCIATION - CLAWS X Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, Board of Supervisors Resolution 98-462 authorized a contract with the Finger Lakes Association, now, therefore be it RESOLVED, that the Chairman be, and hereby is, authorized to sign an amended contract with the Finger Lakes Association, after review by the County Administrator and the County Attorney. Dated at Geneseo, New York 171

August 11, 1999 Legislative Committee David Woods, Planning Director, explained that the original contract authorized a weed pick-up program, and after two unsuccessful bids, no bids were received, it was determined that the contract should be amended to allow funding to be allocated to sample and test the lake and streams. Joan Ellison, Public Health Director, confirmed that the amendment to the contract will allow sampling of the lake and its tributaries and information will be gathered to be able to implement resolutions to the problems. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-252. AUTHORIZING CHANGE ORDER NO. TWO FOR HEMLOCK WATER SUPPLY PROJECT CONTRACT 1 PUMP STATION (GENERAL) - M. HUBBARD CONSTRUCTION, INC. Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Livingston County entered into a contract with M. Hubbard Construction, Inc. pursuant to Res. No. 98-278, and WHEREAS, one additional change was implemented during the construction of the pump station, a transition duct to the generator room dampers, now, therefore, be it RESOLVED, that Livingston County Board of Supervisors authorizes Change Order No. Two to the M. Hubbard Construction, Inc. contract in an amount not to exceed Six Thousand Twenty-Five Dollars and Twenty- Five Cents ($6,025.25), and, be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the appropriate change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York August 11, 1999 Public Works Committee Catherine Muscarella, Public Works Director, briefly explained the change that resulted in the change order. The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-253. AUTHORIZING CHANGE ORDER NO. ONE FOR HEMLOCK WATER SUPPLY PROJECT CONTRACT 2 PUMP STATION (ELECTRICAL) - R. G. BURNS ELECTRIC, INC. Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Livingston County entered into a contract with R. G. Burns Electric, Inc. pursuant to Res. No. 98-279, and WHEREAS, there were several minor changes implemented during the construction of the pump station such as a service entrance modification, Pump feeder conduit reduction, generator flex connector and duct work upgrade, pressure switch relocation and flood float addition in existing building, and control system modifications, now, therefore, be it RESOLVED, that Livingston County Board of Supervisors authorizes Change Order No. One to R. G. Burns Electric, Inc. contract in an amount not to exceed Sixteen Thousand Three Hundred Eighty-Five Dollars and Fifty Cents ($16,385.50), and, be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the appropriate change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York August 11, 1999 Public Works Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

RESOLUTION NO. 99-254. AMENDING THE 1999 SALARY SCHEDULE - PROBATION, PUBLIC HEALTH 172

Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: PROBATION Create one (1) Probation Officer position. PUBLIC HEALTH Convert one (1) Registered Professional Nurse position to a Registered Professional Nurse/Public Health Nurse position. Dated at Geneseo, New York August 11, 1999 Salary & Negotiating Committee The roll was called as follows: Ayes - 1,788 Noes - 0; Absent - Jaeger, 26; Adopted.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Wahl to adjourn until Wednesday, August 11, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:25 p.m. 173

REGULAR BOARD MEETING WEDNESDAY, AUGUST 25, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members were present.

The Pledge of Allegiance.

MINUTES Minutes of 8/11/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Notice of Claim in the matter of Jeffery McDonald versus the County of Livingston and several entities. 2. Letter from State of New York Office of the State Comptroller acknowledging receipt of Sales and Use Tax Exemption Res. No. 99-247. 3. Notice of Claim in the matter of Daniel Garwood versus the County of Livingston. 4. Letter from New York State Office of Parks, Recreation and Historic Preservation informing the County that the Hemlock Fairgrounds, Water Street, Hemlock, NY will be considered for nomination to the National and State Registers of historic places. Comments must be received from the County by September 16, 1999. 5. Letter from New York State Office of Parks, Recreation and Historic Preservation informing the County that The Union Block, 38-42 North State Street, Nunda, NY will be considered for nomination to the National and State Registers of historic places. Comments must be received from the County by September 16, 1999. 6. Reminder there will be a meeting immediately following the Board meeting in the Strong Conference Room with the Grants Officer to discuss the present and future County/Town grant activities and programs.

RESOLUTION NO. 99-255. APPROVING ABSTRACT OF CLAIMS #8B - AUGUST 25, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #8B dated August 25, 1999 in the total amount of $941,188.77. Dated at Geneseo, New York August 25, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

PRIVILEGE OF THE FLOOR 1. Dominic F. Mazza, County Administrator proudly announced that Livingston County was a recipient of a Small Cities Grant totaling $453,850. The grant will be used to target small businesses and provide (1) training and development and (2) a loan program that will allow businesses to apply for up to $25,000. The County Administrator stated that this was the second time the County had applied for this money, and he was very happy to announce that we were successful. The County Administrator clarified that the County did not receive $6 million and stated that the newspapers had published an error. The County Administrator stated that the Town of Livonia also received $400,000 for a sewer upgrade. 2. Richard Sheflin, Real Property Tax Director, provided a historical background of the Frontier of 174

Rochester, Inc. (formerly Rochester Telephone, Inc.) assessment issues and its present status.

RESOLUTION NO. 99-256. REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD Mr. Davis presented the following resolution and moved its adoption: RESOLVED, that the following persons are hereby reappointed to the Livingston County Agricultural and Farmland Protection Board for a term to expire June 1, 2003. Active Farmers Dick Anderson, Agar Road, Avon, NY 14414 Donald Walker, 7570 Walker Road, Wayland, NY 14572 Dated at Geneseo, New York August 25, 1999 Agriculture Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-257. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, CENTRAL SERVICES, EMERGENCY MANAGEMENT SERVICES, WATER DISTRICT #1 PROJECT Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York August 25, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-258. ESTABLISHING CAPITAL PROJECT - MILLENNIUM BOOK PROJECT Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors authorized Res. No. 98-444 entitled Establishing a Livingston County Millennium Committee to Recommend and Assist the Millennium Celebration in Livingston County, and WHEREAS, the Millennium Committee desires to publish a Livingston County Historical Book, now, therefore, be it RESOLVED, that the County Treasurer is authorized to establish capital project account H6410.2900 Publicity/Millennium Book Project in the amount of $60,000.00 to be funded from Estimated Revenue H6410.2655 Minor Sales in the amount of $60,000.00, and it is hereby RESOLVED, that the County Treasurer is hereby directed to advance monies from the General Fund in the amount of $60,000.00. Dated at Geneseo, New York August 25, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-259. APPROVING A PROFESSIONAL SERVICES CONTRACT WITH NICHOLS GRAPHIC DESIGN AND CONSULTING FOR THE GRAPHIC DESIGN, TYPESETTING AND SCANNING OF A 100-YEAR PICTORIAL HISTORY BOOK OF LIVINGSTON COUNTY Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors authorized Res. No. 98-444 entitled Establishing a Livingston County Millennium Committee to Recommend and Assist the Millennium Celebration in Livingston 175

County, and WHEREAS, it has been determined that a primary function of the Millennium Committee will be the publishing of a 100-year pictorial history book of Livingston County, and WHEREAS, the Millennium Committee has reviewed and determined several options for the graphic design, typesetting and scanning of said book, and WHEREAS, the Millennium Committee has determined that Nichols Graphic Design and Consulting, Box 566, Lakeville, New York 14480 can provide the professional services required for the successful production of said book, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Nichols Graphic Design and Consulting for the graphic design, typesetting and scanning of said book in an amount not to exceed Twelve Thousand Dollars ($12,000.00), subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York August 25, 1999 Finance Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-260. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN THE STATE UNIVERSITY OF NEW YORK AT BROCKPORT AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR CLINICAL FIELD WORK EXPERIENCE Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between the State University of New York at Brockport and the Livingston County Department of Health for clinical field work experience, commencing on July 1, 1999 and terminating with one year advance notice in writing by either party, subject to review by the County Attorney and County Administrator. Copy of contract on file in Clerk=s office. Dated at Geneseo, New York August 25, 1999 Health Committee Joan Ellison, Public Health Director, explained that this is a new contract which will allow social worker students the experience of working in the field of public health. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-261. PROCLAIMING THE WEEK OF SEPTEMBER 27, 1999 THROUGH OCTOBER 4, 1999 AS CATHOLIC CHARITIES WEEK Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the network of 1,400 Catholic Charities agencies and institutions qualify Catholic Charities USA as the largest private human care service provider in the United States, and WHEREAS, the network of Catholic Charities agencies reaches out annually to over 4.8 million people, of whom 600 households per year are served by Catholic Charities of Livingston County, the regional subsidiary of Catholic Charities of the Diocese of Rochester; and WHEREAS, since its incorporation in 1912, Catholic Charities of the Diocese of Rochester has provided quality direct service for the poorest of the poor, regardless of creed; and WHEREAS, those served by Catholic Charities include the developmentally disabled, isolated elderly, mentally ill, homeless, at-risk youth, the addicted, imprisoned, the dying and the unborn, refugees, immigrants, migrants, and persons living with HIV/AIDS, among others; and WHEREAS, the agencies of Catholic Charities work in partnership with neighborhoods, faith communities, 176 businesses, government and other human service agencies to address underlying causes of poverty, and family and community strife; and WHEREAS, over 800 professional and volunteer leaders from its national network are gathering in the Diocese of Rochester, October 2-4, 1999 for Catholic Charities USA=s 1999 Annual Conference, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaims September 27, 1999 through October 4, 1999 as Catholic Charities Week. Dated at Geneseo, New York August 25, 1999 Legislative Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-262. DESIGNATING THE FINGER LAKES ASSOCIATION, INC. AS THE OFFICIAL TOURISM PROMOTION AGENCY Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the New York State Grants Program is designed to encourage tourism promotion throughout the regions of New York State, and WHEREAS, the Finger Lakes Association, a non-profit organization promoting tourism in the Finger Lakes Region since 1919, qualifies as an official Tourism Promotion Agency, and WHEREAS, the Finger Lakes Association, which has traditionally been, and currently is, the regional Tourism Promotion Agency for the purpose of this program has requested to be designated again for the year 2000, now, therefore, be it RESOLVED, that the Finger Lakes Association, Inc., be and hereby is designated by the Livingston County Board of Supervisors as their Tourism Promotion Agency under this program and authorized to make application for and receive grants on behalf of the County pursuant to the New York State Tourist Promotion Act, and be it further RESOLVED, that a certified copy of this resolution be filed by the Clerk of this Board with the Finger Lakes Association, Inc. Dated at Geneseo, New York August 25, 1999 Legislative Committee

RESOLUTION NO. 99-263. AUTHORIZING ASSISTANCE TO THE TOWNS OF LIMA AND CALEDONIA FOR REAL PROPERTY TAX ASSESSMENT REVIEW DEFENSE COSTS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, Resolution No. 85-253 authorized Towns within the County to request assistance from the county for defense costs relating to proceedings brought against the Towns to review real property tax assessments, and WHEREAS, the Town of Lima has requested assistance in regard to a proceeding brought by the Lima Country Club, and the Town of Caledonia has requested assistance in regard to a proceeding brought by Caledonia Country Club, and WHEREAS, the Tax Committee, the Director of Real Property Tax Services and the County Attorney have reviewed the request, now, therefore be it RESOLVED, that the County of Livingston agrees to assist the Town of Lima in regard to the real property tax assessment proceeding brought by the Lima Country Club, and the Town of Caledonia in regard to the real property tax assessment proceeding brought by the Caledonia Country Club, such assistance to be given in accordance with the provisions of Res. No. 85-253. Dated at Geneseo, New York August 25, 1999 Tax Committee 177

The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

RESOLUTION NO. 99-264. AUTHORIZING ASSISTANCE TO ALL TOWNS FOR REAL PROPERTY TAX ASSESSMENT REVIEW DEFENSE COSTS Mr. Kramer presented the following resolution and moved its adoption: WHEREAS, Resolution No. 85-253 authorized Towns within the County to request assistance from the county for defense costs relating to proceedings brought against the Towns to review real property tax assessments, and WHEREAS, all seventeen towns in Livingston County, namely Avon, Caledonia, Conesus, Geneseo, Groveland, Leicester, Lima, Livonia, Mt. Morris, N. Dansville, Nunda, Ossian, Portage, Sparta, Springwater, W. Sparta, and York, have requested assistance in regard to several proceedings brought by Frontier Telephone of Rochester, Inc., and WHEREAS, the Tax Committee, the Director of Real Property Tax Services and the County Attorney have reviewed the requests, now, therefore, be it RESOLVED, that the County of Livingston agrees to assist all Towns in Livingston County in regard to any real property tax assessment proceedings brought by Frontier Telephone of Rochester, Inc., such assistance to be coordinated through the Tax Committee, the Director of Real Property Tax Services and the County Attorney. Dated at Geneseo, New York August 25, 1999 Tax Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted..

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Wednesday, September 8, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:00 p.m. 178

REGULAR BOARD MEETING WEDNESDAY, SEPTEMBER 8, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members were present except Mr. Derrenbacher.

The Pledge of Allegiance.

MINUTES Minutes of 8/25/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Letter from New York State Office of Parks, Recreation and Historic Preservation informing the County that The Tram Site, Route 15A, Town of Livonia has been recommended to be listed on the State Register of Historic Places. 2. Commendation letter from Avon Police Department regarding the participation of Kevin Niedermaier on the Emergency Planning Committee for the Avon Central School 3. Reminder that a Board picture is scheduled for October 13, 1999. If you are unavailable this day, please notify the Clerk.

RESOLUTION NO. 99-265. APPROVING ABSTRACT OF CLAIMS #9A - SEPTEMBER 8, 1999 Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #9A dated September 8, 1999 in the total amount of $1,261,703.88. Dated at Geneseo, New York September 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

PRIVILEGE OF THE FLOOR 1. County Administrator Dominic F. Mazza proudly read a letter addressed to Chairman of the Livingston County Water and Sewer Authority Frank Riedman from the U.S. Department of Commerce Economic Development Administration regarding the approval of a financial assistance grant from the Economic Development Administration (EDA). The grant is in the amount of $1.5 million and will be used to construct water and sewer facilities for American Rock Salt Company. The letter is on file in the Office of the Clerk of the Board. The County Administrator thanked Patrick Rountree, Economic Developer for all his hard work and dedication for making this grant possible. 2. Sheriff John M. York presented the 1998 Sheriff=s Department Annual Report. Sheriff York highlighted program areas that the Sheriff=s Department continues to enhance and also the increasing demands placed on the agency. The comprehensive report is on file in the Office of the Clerk of the Board. Mr. Daley, Chairman of Public Safety and Criminal Justice Committee, thanked Sheriff York for his fine multi-media presentation and stated Livingston County has one of the finest Sheriff=s Departments in the State of New York.

PREFERRED AGENDA

Chairman Merrick announced that the title of each resolution on the Preferred Agenda will be read and discussion 179 will follow.

RESOLUTION NO. 99 - 266. DECLARING SURPLUS PROPERTY - CENTRAL SERVICES WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: CENTRAL SERVICES 50 - Old Wooden Light Poles and Fixtures Dated at Geneseo, New York September 8, 1999 Finance & Administration Committee.

RESOLUTION NO. 99 - 267. SUPPORTING THE CREATION OF THE EMERGENCY MEDICAL SERVICES LINE OF DUTY DEATH MEMORIAL WHEREAS, the creation of this memorial shall show all Emergency Medical Services workers that they are truly respected for the work that they do and that their job is important and imperative, now therefore be it RESOLVED, that the Livingston County Board of Supervisors recognizes the contributions of the Livingston County Emergency Medical Services workers and do hereby adopt this resolution in support of the creation of the Emergency Medical Services Line of Duty Death Memorial. Dated at Geneseo, New York September 8, 1999 Health Committee

PREFERRED AGENDA ROLL CALL VOTE

There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda.

Mr. Layland moved and Mr. Kramer seconded to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99 - 268. INCREASING CONTRACT WITH FRASER, VESPER ASSOCIATES, P.C. FOR ENGINEERING AND DESIGN SERVICES FOR A HIGHWAY FACILITY AT HAMPTON CORNERS Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, Res. No. 98-135 authorized a contract with Fraser, Vesper Associates P.C. for engineering and design services for a Highway Facility at Hampton Corners, and WHEREAS, the Hampton Corners Development Committee has authorized some changes to the original plan resulting in additional design services by Fraser, Vesper Associates, P.C., now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes a contract increase in the amount of Twenty Four Thousand Four Hundred Fifty One Dollars ($24,451.00) for additional services performed by Fraser, Vesper Associates P.C., subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 8, 1999 Central Services & Consumer Affairs Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

180

RESOLUTION NO. 99 - 269. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, HIGHWAY, PLANNING, PUBLIC HEALTH, PUBLIC WORKS, REAL PROPERTY TAX, SHERIFF Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York September 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99 - 270. AUTHORIZING AGREEMENT WITH LIVINGSTON AREA TRANSPORTATION SERVICES FOR TRANSPORTATION SERVICES TO THE SENIOR NUTRITION SITES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an agreement with Livingston Area Transportation Services for Transportation Services to the Senior Nutrition Sites for the period April 1, 1999 through March 31, 2000, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York September 8, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99 - 271. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN CONTRACTS BETWEEN NICHOLAS H. NOYES MEMORIAL HOSPITAL AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR OCCUPATIONAL THERAPY SERVICES AND PHYSICAL THERAPY SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign contracts between Nicholas H. Noyes Memorial Hospital and the Livingston County Department of Health for Occupational Therapy Services and Physical Therapy Services, commencing on July 1, 1999 and terminating on June 30, 2001, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 8, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99 - 272. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN RMSCO, INC. AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE PROVISION OF COVERED SERVICES TO PLAN MEMBERS Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between RMSCO, Inc., of 731 James Street, Syracuse, NY, and the Livingston County Department of Health for the provision of Covered Services to Plan Members, commencing on 9/1/99 and terminating on 8/31/2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 8, 1999 181

Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

RESOLUTION NO. 99 - 273. AUTHORIZING COSMETOLOGY CLINICAL EXPERIENCE AGREEMENT BETWEEN GENESEE-LIVINGSTON-STEUBEN-WYOMING BOCES AND THE LIVINGSTON COUNTY CAMPUS SKILLED NURSING FACILITY Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the Genesee-Livingston-Steuben-Wyoming BOCES desires a clinical experience site for Cosmetology students, and WHEREAS, the Livingston County Campus Skilled Nursing Facility-Mt. Morris has facilities for the student clinical experience, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an agreement between Genesee-Livingston-Steuben-Wyoming Board of Cooperative Educational Services for use of the Livingston County Campus Skilled Nursing Facility - Mt. Morris to be used as a cosmetology clinical training site for the period September 1, 1999 to May 31, 2002, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York September 8, 1999 Health Committee The roll was called as follows: Ayes - 1,634; Noes - 0; Absent - Derrenbacher, 180; Adopted.

OTHER BUSINESS 1. Mr. Moore, Vice Chairman of the Board, Leicester Supervisor, questioned the status of the water and sewer for Hampton Corners Development site and the American Rock Salt project. Chairman Merrick explained that the finances were in order and the process was underway. 2. Mr. Davis, Portage Supervisor, questioned the status of the American Rock Salt Project. Chairman Merrick responded that construction is on schedule and the mine is still expecting to have salt by late fall or early winter. The Board should be receiving another quarterly report by October. The County Administrator stated that the mine has extended an invitation to the Board of Supervisors to tour the facility. Chairman Merrick will make arrangements for a tour of the project.

ADJOURNMENT Motion made by Mr. Daly and seconded by Mr. Bassage to adjourn until Wednesday, September 22, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:17 p.m. 182

REGULAR BOARD MEETING WEDNESDAY, SEPTEMBER 22, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members were present.

The Pledge of Allegiance.

MINUTES Minutes of 9/8/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Local Laws E and F are for your information and review. The Public Safety & Criminal Justice Committee will be introducing these laws at the October 13, 1999 board meeting and a public hearing will be held on October 27, 1999. 2. Letter of commendation to Sheriff John York from Patricia R. Tappan, Commissioner of State Commission of Corrections regarding her visit to the Livingston County Jail 3. Former President George Bush will be speaking at SUNY Geneseo in the Kuhl Gym on Thursday, September 30, 1999 at 8:00 p.m. All Supervisors are encouraged to attend. 4. Notice of Claim in the matter of Marlow R. Henry versus the County of Livingston 5. Notice of Petition in the matter of the Estate of Rosella M. Carpenter a/k/a Rosella Carpenter, Executor versus the County of Livingston, the Livingston County Department of Social Services, and the Livingston County Health Related Facility, a/k/a Livingston County Campus Skilled Nursing Facility 6. The NYS Office of the State Comptroller and the NYS Office for Technology are sponsoring a teleconference on Wednesday, October 13, 1999, 6:15 p.m. - 8:45 p.m. entitled ΑHere Comes the Year 2000". The brochure is on your desk. Refer to brochure for site location. 7. Please be sure to see Theresa Schettine today in the Board of Supervisors= Office to have your picture taken for the pictorial directory. 8. The Clerk of the Board introduced Theresa Schettine who is currently working in the Board of Supervisors= office on a part-time basis.

INTRODUCTION OF LOCAL LAW

LOCAL LAW NO. D - 1999 LOCAL LAW ESTABLISHING THE POWERS AND DUTIES OF THE COUNTY HIGHWAY SUPERINTENDENT, AND THE POWERS, DUTIES, MODE OF SELECTION AND REMOVAL, AND TERM OF OFFICE OF THE DEPUTY SUPERINTENDENT OF HIGHWAYS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1. The County of Livingston has the authority to adopt a local law setting forth the powers and duties of the County Highway Superintendent, and the powers, duties, mode of selection and removal, and term of office of the Deputy Superintendent of Highways provided they are not inconsistent with the Constitution or any general law of the State of New York.

Section 2. The Livingston County Superintendent shall be the head of the County Highway Department and, as such, 183 shall be vested with authority, direction and control over said department, and shall have the power and authority to appoint and remove officers and employees therein subject to the New York State Civil Service Law and any other applicable statutes, rules or regulations. The County Highway Superintendent shall have the power, with the approval of the Board of supervisors, to appoint a Deputy Highway Superintendent for such period or periods as the Board of Supervisors may determine, but limited to the term of office for which such County Highway Superintendent was appointed, with power and authority in the County Highway Superintendent to terminate such appointment at his pleasure.

Section 3. The Deputy Superintendent of Highways shall have all the powers and duties of the County Highway Superintendent, and the authority to act generally for and in the place of the County Highway Superintendent, during the Superintendent=s inability to act, during the Superintendent=s regular or approved vacation periods and at such other times as designated in writing by the County Highway Superintendent.

Section 4.

The minimum qualifications for appointment to the position of County Highway Superintendent are as follows: 1. Graduation from a regionally accredited or New York State registered college or university with a Bachelor=s degree in civil engineering or a closely related area of study and six years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 2. Graduation from high school and ten years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 3. An equivalent combination of training and experience.

Section 5.

The minimum qualifications for appointment to the position of Deputy Highway Superintendent are as follows: 1. Graduation from a regionally accredited or New York State registered college or university with an Associate=s Degree in Civil Engineering, Construction Technology or a closely related area of study, and six years of progressively responsible experience in major highway construction, maintenance, design or development, including at least one year of responsible full-time supervisory experience; or 2. Graduation from high school or possession of a high school equivalency diploma and eight years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 3. An equivalent combination of training and experience.

Section 6.

This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State.

Dated at Geneseo, New York September 22 , 1999 (Introduced)

RESOLUTION NO. 99 - 274. APPROVING ABSTRACT OF CLAIMS #9B - SEPTEMBER 22, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: 184

RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #9B dated September 22, 1999 in the total amount of $1,400,297.78. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR 1. County Administrator Dominic F. Mazza distributed and reviewed a handout prepared by the Office of the State Comptroller regarding the national tobacco settlement principles (on file). The County Administrator commented on some of the important issues in the handout and stated that this money is not guaranteed and recommended not to use this money to fill the shortfalls but rather use the money for non-recurring budget items. The County Administrator encouraged the Board to read this handout provided by the Office of the State Comptroller and the September 1999 NYSAC News featuring an article on mandatory local sales tax exemptions. The County Administrator reported that the State once again eliminated state sales tax without consulting the Counties and stated his concerns if this trend continues.

PREFERRED AGENDA

Chairman Merrick announced that any Supervisor may request any of the following resolutions to be pulled from the preferred agenda and placed on the regular agenda.

RESOLUTION NO. 99 - 275. AUTHORIZING CONVEYANCE OF COUNTY PROPERTIES ACQUIRED BY TAX DEEDS WHEREAS, the County of Livingston has acquired title by tax deed to the following parcels of land, and WHEREAS, the Livingston County Board of Supervisors' Tax Committee has auctioned said parcels, it is hereby RESOLVED, that the following conveyances be approved:

Tax Map No. 128.-1-25.11 Town of Conesus Formerly owned by and/or assessed to: Richard C. & Wf. (Melinda L.) Soukup Conveyed to: Todd Emerson Amt. $19, 000.00

Tax Map No. 128.-1-53.1 Town of Conesus Formerly owned by and/or assessed to: William Murphy Conveyed to: Robert E. Malm Amt. $100.00

Tax Map No. 129.-1-20 Town of Conesus Formerly owned by and/or assessed to: Arch MacArthur Conveyed to: Gerald A. & Charlene Presler Amt. $100.00

Tax Map No.120.-1-53.4 Town of Conesus Formerly owned by and/or assessed to: John G. Fletcher Conveyed to: Robert Weinhart Amt. $5,000.00 and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to

185 execute the quit-claim deed of conveyances and any and all related documents prepared by the County Attorney to complete the aforesaid conveyances. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 276. AUTHORIZING THE CHAIRMAN TO SIGN A QUIT CLAIM DEED AND RELATED DOCUMENTS TO TRANSFER A PARCEL ON WEST LAKE ROAD WHEREAS, the State of New York has previously discontinued maintenance of certain portions of West Lake Road, and WHEREAS, the Superintendent of Highways has determined that the following parcel of property is of no further use for highway purposes for the County of Livingston, and WHEREAS, the Superintendent of Highways has recommended that the following parcel be abandoned to the adjoining landowner, now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a quit claim deed and related documents to transfer the following parcel to the party listed upon payment to the County of Livingston of $100.00: Michael Kazacos All that tract or parcel of land situate in the Town of Geneseo, County of Livingston, State of New York bonded and described as follows: Being a portion of Parcel 8D as shown on a map filed in the Livingston County Clerk=s office as map #B02135 (sheet 8 or 10) Beginning at the point of beginning for Parcel 8D, said point being 88 feet ∀ easterly at right angles from Baseline Station 315+50, thence the following two courses along the retention line and new highway boundary line for West Lake Road (S.H. 397): 2) N16Ε-31'-41"W for a distance of 51 feet ∀ to a point which is 50 feet easterly at right angles from Baseline Sta. 315+83.00, 3) N31Ε-15'-56"E for a distance of 235 feet ∀ to a point, thence 4) Easterly along the westerly extension of the north line of lands of Michael J. Kazacos, Sr. for a distance of 50 feet ∀ to a point on the existing highway boundary line of West Lake Road, thence 5) Southerly along the existing highway boundary line for a distance of 235 feet ∀ to the point of beginning. Dated at Geneseo, New York September 22, 1999 Highway & Public Works Committee

RESOLUTION NO. 99 - 277. PROVIDING FOR PUBLIC HEARING FOR THE PROPOSED ESTABLISHMENT OF RATES FOR COUNTY WATER DISTRICT NO. 1, ZONE 2, HAMLET OF CONESUS WHEREAS, a Bond Anticipation Note has been issued to construct the water facilities for Zone 2, County Water District No. 1, and WHEREAS, the Highway and Public Works Committee has adopted the following rate structure for Zone 2 of County Water District No. 1:

Land Classification Zone 2 Hamlet Conesus

Improved $390 $ 47 186

$437

Vacant Improved $10

Unimproved $5

NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Livingston County Board of Supervisors shall cause the necessary notice to be published in the official newspapers, and be it further RESOLVED, that a public hearing shall be held regarding the rate structure for County Water District No. 1, Zone 2, on October 13, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room, Livingston County Government Center, Geneseo, New York. Dated at Geneseo, New York September 22, 1999 Highway & Public Works Committee

RESOLUTION NO. 99 - 278. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY YOUTH BOARD - NILSSON, BASTA, CHICHESTER, MANKOFF RESOLVED, that the Livingston County Board of Supervisors hereby approves the appointment of the following persons to the Livingston County Youth Board to serve the term designated: NAME REPRESENTS TERM EXPIRES

Ms. Joni Nilsson Town of Livonia 8/31/01 6996 Harder Road Hemlock, NY 14466 replaces self

Mr. Frank Basta Town of North Dansville 8/31/01 4 Cottage Street Dansville, NY 14437 replaces self

Mr. William Chichester Town of Mt. Morris 8/31/01 18 Erie Street Mt. Morris, NY 14510 replaces self

Mr. Howard Mankoff Town of Leicester 8/31/01 2700 Perry Road Mt. Morris, NY 14510 replaces Michele Dudley

Dated at Geneseo, New York September 22, 1999 Intergovernmental Affairs Committee

RESOLUTION NO. 99 - 279. APPOINTING ALTERNATE MEMBER TO LIVINGSTON COUNTY PLANNING BOARD - DEHM RESOLVED, that the following person is hereby appointed as an alternate member of the Livingston County Planning Board for a term expiring December 31, 1999: 187

Planning Board Alternate No. 2 - Bruce Dehm, PO Box 103, Geneseo, New York 14454 Dated at Geneseo, New York September 22, 1999 Legislative & Agricultural Affairs Committee

RESOLUTION NO. 99 - 280. SCHEDULING PUBLIC HEARING FOR AGRICULTURAL DISTRICTS #2, #3, AND #4 AND REFERRING THE DISTRICTS TO THE LIVINGSTON COUNTY PLANNING BOARD AND TO THE LIVINGSTON COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD WHEREAS, Livingston County Agricultural Districts #2, #3, and #4 are up for review and renewal; and WHEREAS, a public hearing on the proposed modification of Agricultural District #2, #3, and #4 is required by NYS Agriculture & Markets Law Section 303-a; now therefore be it RESOLVED, that a public hearing concerning the renewal and modification of Agricultural District #2, #3, and #4 will be held at 1:35 PM on November 10, 1999 in the Board Room at the Livingston County Government Center, Geneseo; and be it further RESOLVED, that a notice of the public hearing be published in the County=s official newspaper, and written notice of said hearing be mailed to the Town Clerks of Avon, Conesus, Geneseo, Groveland, Lima, Livonia, Mount Morris, North Dansville, Nunda, Ossian, Portage, Sparta, Springwater, and West Sparta and the Village Clerks of Avon, Dansville, Geneseo, Lima, Livonia, Mount Morris, and Nunda, all persons, as listed on the most recent assessment roll, whose land is the subject of a proposed modification, and the Commissioner of Agriculture & Markets; and be it further RESOLVED, that the 30-day review period will run from September 21 through October 20; and be it further RESOLVED, that the proposals for Agricultural District #2, #3, and #4 are open for public inspection at the office of the Livingston County Planning Department, Room 305, Livingston County Government Center, Geneseo, and be it further RESOLVED, that the Livingston County Board of Supervisors refers the Districts to the Livingston County Planning Board and to the Livingston County Agricultural and Farmland Protection Board. Dated at Geneseo, New York September 22, 1999 Legislative and Agricultural Affairs Committee

RESOLUTION NO. 99 - 281. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. D 1999 - ESTABLISHING THE POWERS AND DUTIES OF THE COUNTY HIGHWAY SUPERINTENDENT, AND THE POWERS, DUTIES, MODE OF SELECTION AND REMOVAL, AND TERM OF OFFICE OF THE DEPUTY SUPERINTENDENT OF HIGHWAYS WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on September 22, 1999, a proposed Local Law entitled Local Law D 1999 - Establishing the Powers and Duties of the County Highway Superintendent, and the Powers, Duties, Mode of Selection and Removal, and Term of Office of the Deputy Superintendent of Highways, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 13th day of October, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York September 22, 1999 Personnel & Employee Relations Committee

RESOLUTION NO. 99 - 282. PROCLAIMING THE WEEK OF SEPTEMBER 20, 1999 THROUGH SEPTEMBER 24, 1999 AS SHERIFFS=== WEEK 188

WHEREAS, Governor George Pataki and the New York State Sheriff=s Association declared the week of September 20, 1999 through September 24, 1999 as Sheriff=s Week, and WHEREAS, this celebration is in honor of the significant traditional and contemporary contributions made by the Office of Sheriff in county government and in the statewide criminal justice system, and the office is an essential part of the law enforcement community, and WHEREAS, the Sheriff is the highest ranking law enforcement officer in the County, and the Sheriff=s Office provides the community with traditional and high profile police protection through road patrol, criminal investigation and traffic control, and patrols our lakes and waterways, provides security in our courts and in our airports, maintains our County Jail and coordinates the dispatching of all emergency services in the County, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaims the week of September 20, 1999 through September 24, 1999 as Sheriff=s Week. Dated at Geneseo, New York September 22, 1999 Public Safety and Criminal Justice Committee Mr. Daley encouraged the Board to read the letter from Commissioner Patricia R. Tappan, State Commission of Correction, and stated that the letter reflects that the Livingston County Jail presents a model for other jails.

PREFERRED AGENDA ROLL CALL VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda. Mr. Layland moved and Mr. Moore seconded to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

EXECUTIVE SESSION Motion made by Mr. Moore and seconded by Mr. Daley that the Board adjourn and reconvene in Executive Session for the purpose of discussing the appointment of a particular person, and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary of the Committee of the Whole and County Attorney David Morris remain present. Carried.

The Board reconvened in regular session. The following report was presented.

REPORT OF EXECUTIVE SESSION

The Board of Supervisors having met in Executive Session for the purpose of discussing the appointment of a particular person, hereby reports as follows: 1. No action taken. Dated September 22, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary Motion made by Mr. Moore and seconded by Mr. Daley that the Report of Executive Session be accepted. Carried.

RESOLUTION NO. 99 - 283. APPOINTING COUNTY ADMINISTRATOR Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that Dominic F. Mazza be and hereby is appointed as Livingston County Administrator for a term commencing December 1, 1999 and terminating June 30, 2005 and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors be and he hereby is authorized to enter into a professional services contract on behalf of the County of Livingston with the Livingston

189

County Administrator, which shall include salary and benefits, as approved by the Livingston County Board of Supervisors. Said professional services contract to be first reviewed as to form by the County Attorney. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. County Administrator Dominic F. Mazza thanked the Board for their confidence and reappointment, and stated he looks forward to working with the Board in the years ahead.

RESOLUTION NO. 99 - 284. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, CHEMICAL DEPENDENCY, CORONERS, OFFICE FOR THE AGING, PUBLICITY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 285. AMENDING THE CONTRACT WITH HOME PROPERTIES INC. - DANSVILLE CASTLE PROPERTY Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, by Res. No. 98-445, the Livingston County Board of Supervisors authorized the sale of the Castle Property to Home Properties, Inc. pursuant to the terms of a written contract, and WHEREAS, Home Properties, Inc. has requested an extension of time to satisfy certain contingencies contained in the contract, now, therefore, be it RESOLVED, the Livingston County Board of Supervisors approves a one-year extension to all date references contained in the contract between the County of Livingston and Home Properties, Inc. and authorizes the Chairman of the Board of Supervisors to sign a contract amendment to that effect, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 286. AUTHORIZING ASSISTANCE TO CALEDONIA, GROVELAND, LEICESTER, MT. MORRIS, NORTH DANSVILLE, SPARTA, WEST SPARTA AND YORK FOR REAL PROPERTY TAX ASSESSMENT REVIEW DEFENSE COSTS - G & W RAILROAD Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Resolution No. 85-253 authorized Towns within the County to request assistance from the county for defense costs relating to proceedings brought against the Towns to review real property tax assessments, and WHEREAS, all seventeen towns in Livingston County, namely Avon, Caledonia, Conesus, Geneseo, Groveland, Leicester, Lima, Livonia, Mt. Morris, N. Dansville, Nunda, Ossian, Portage, Sparta, Springwater, W. Sparta, and York, have requested assistance in regard to proceedings brought by G & W Railroad, and WHEREAS, the Tax Committee, the Director of Real Property Tax Services and the County Attorney have 190 reviewed the requests, now, therefore, be it RESOLVED, that the County of Livingston agrees to assist the Towns of Caledonia, Groveland, Leicester, Mt. Morris, North Dansville, Sparta, West Sparta and York in Livingston County in regard to any real property tax assessment proceedings brought by G & W Railroad, such assistance to be coordinated through the Tax Committee, the Director of Real Property Tax Services and the County Attorney. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee County Attorney David Morris stated the second Whereas needs to be amended to read the towns included in the title of the resolution and also the references to the Tax Committee should be changed to Finance & Administration Committee. Motion made by Mr. Moore and seconded by Mr. Layland to amend the resolution as necessary. Carried.

AMENDED RESOLUTION NO. 99 - 286. AUTHORIZING ASSISTANCE TO CALEDONIA, GROVELAND, LEICESTER, MT. MORRIS, NORTH DANSVILLE, SPARTA, WEST SPARTA AND YORK FOR REAL PROPERTY TAX ASSESSMENT REVIEW DEFENSE COSTS - G & W RAILROAD Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Resolution No. 85-253 authorized Towns within the County to request assistance from the county for defense costs relating to proceedings brought against the Towns to review real property tax assessments, and WHEREAS, all the Towns of Caledonia, Groveland, Leicester, Mt. Morris, North Dansville, Sparta, West Sparta and York, have requested assistance in regard to proceedings brought by G & W Railroad, and WHEREAS, the Finance & Administration Committee, the Director of Real Property Tax Services and the County Attorney have reviewed the requests, now, therefore, be it RESOLVED, that the County of Livingston agrees to assist the Towns of Caledonia, Groveland, Leicester, Mt. Morris, North Dansville, Sparta, West Sparta and York in Livingston County in regard to any real property tax assessment proceedings brought by G & W Railroad, such assistance to be coordinated through the Finance & Administration Committee, the Director of Real Property Tax Services and the County Attorney. Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 287. CORRECTING TAX ROLL - TOWNS OF YORK, NORTH DANSVILLE AND CONESUS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to three (3) applications for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Towns of York, North Dansville and Conesus on the tax rolls for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to 191

Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions (As of 8/30/99) (As of 8/30/99) 1. 1998 York Livingston County 11.04 11.04 0.00 0.00 GENESEE VALLEY CORPORATION Livingston Co. Penalties 43.52 11.28 32.24 32.24 (Now Richard Roberts) Livingston Co. Advertising 8.50 8.50 0.00 0.00 Tax Map Number York Town Tax 8.89 8.89 0.00 0.00 42-1-3.116 York School Relevy 23.45 23.45 0.00 0.00 York Fire 1 1.22 1.22 0.00 0.00 York Light 1 .34 .34 0.00 0.00 York Water 2 (Occupied) 168.21 0.00 168.21 168.21 Total $265.17 $64.72 $200.45 $200.45

2. 1998 North Dansville Livingston County 172.06 0.00 0.00 172.06 MILLS, Ruth E. Livingston Co. Penalties 94.15 0.00 0.00 94.15 Tax Map Number Livingston Co. Advertising 8.50 0.00 0.00 8.50 203.8-1-1.11 Town of N. Dansville 41.32 0.00 0.00 41.32 Dans. Cent. Sch. Relevy 417.59 0.00 0.00 417.59 $733.62 $0.00 $0.00 $733.62

3. 1999 Conesus Livingston County 872.77 619.18 253.59 253.59 ENGELBRECHT, Conesus Town Tax 770.74 546.79 223.95 223.95 Richard & Linda Conesus Fire 1 102.98 73.06 29.92 29.92 Tax Map Number Co.Water #1-Zone 1 Imp. 479.00 479.00 0.00 0.00 110.39-1-22 Total $2,225.49 $1,718.03 $507.46 $507.46 Dated at Geneseo, New York September 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 288. AUTHORIZING CHANGE ORDER NO. ONE FOR THE EAST LAKE WATER SUPPLY AND DISTRIBUTION PROJECT - CONTRACT NO. 2 - SLIKER HILL ROAD TANK - NATGUN CORPORATION Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County entered into a contract with Natgun Corporation pursuant to Res. No. 98- 305, and WHEREAS, a splash pad was deducted from the project and two sampling taps and one pressure gage were added, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes Change Order No. One to the Natgun Corporation contract as a deduction of Forty Dollars ($40.00), and, be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the appropriate change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 22, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 289. AUTHORIZING AGREEMENT BETWEEN LIVINGSTON COUNTY AND THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY FOR LEASE OF COUNTY WATER FACILITIES Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County has undertaken the construction and financing of transmission and distribution water projects in the Towns of Livonia and Conesus, and WHEREAS, the proposed agreement provides that the Livingston County Water and Sewer Authority will 192 lease the water facilities and the Livingston County Water and Sewer Authority will operate and maintain the facilities for the County, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized and directed to enter into the lease agreement with the Livingston County Water and Sewer Authority, subject to review by the County Attorney and County Administrator and pursuant to the authority granted by Local No. 6 of 1998. Dated at Geneseo, New York September 22, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. Catherine Muscarella, Public Works Director, distributed a handout explaining the terms of the lease (attached to the resolution). The Agreement authorizes a 40-year lease expiring 2036.

RESOLUTION NO. 99 - 290. APPROVING THE GLOW REGION SOLID WASTE COMMITTEE INTER-MUNICIPAL COOPERATION AGREEMENT FOR THE PERIOD JANUARY 1, 2000 THROUGH DECEMBER 31, 2001 Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the Genesee, Livingston, Orleans and Wyoming Counties (ΑGLOW≅) Region Solid Waste Management Inter-Municipal Cooperation Agreement is scheduled to expire on December 31, 1999, and WHEREAS, the GLOW Committee has prepared the sixth amended and restated Inter-Municipal Cooperation Agreement and has recommended that this contract be submitted to the four counties for their review and approval, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors does hereby approve the Sixth Amended and Restated Inter-Municipal Cooperation Agreement for the period January 1, 2000 and terminating December 31, 2001, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the agreement, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 22, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 291. APPROVING 2000 CONTRACT WITH SOCIETY FOR THE GENESEE AND THE LAKES, INC. Mr. Jaeger presented the following resolution and moved its adoption: RESOLVED, that the proposed agreement, for the year 2000, between the Society for the Genesee and the Lakes, Inc., and the County of Livingston, be and the same hereby is approved, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized and directed to execute said contract on behalf of the County of Livingston in the amount of $800.00, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 22, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 292. AMENDING THE 1999 SALARY SCHEDULE - CAMPUS SNF, SHERIFF, SOCIAL SERVICES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: CAMPUS SNF 193

Correct the salary schedule to provide that Cindy Kuhn will receive a longevity on September 12, 1999, bringing her wage rate to $18.92* per hour. SHERIFF Create one Court Security Officer position. SOCIAL SERVICES Create one Caseworker/Caseworker Trainee position. Dated at Geneseo, New York September 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 293. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - COUNTY TREASURER, DISTRICT ATTORNEY, HEALTH CARE FACILITIES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: COUNTY TREASURER Create one (1) temporary Deputy Treasurer Trainee position with a salary range of $30,000 to $37,000 per year. No benefits will be provided to this position. DISTRICT ATTORNEY Create one (1) Part-Time Assistant District Attorney position effective September 26, 1999, and appoint Jennifer Sommers to this position at an annual salary of $23,950.00. HEALTH CARE FACILITIES Delete the Shared Services Coordinator position effective September 1, 1999. Dated at Geneseo, New York September 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 294. APPROVING 2000 STOP-DWI PLAN FOR LIVINGSTON COUNTY Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby approves the 2000 STOP-DWI Plan for Livingston County, and it is further RESOLVED, that the Chairman of the Board is hereby authorized to the sign the 2000 STOP-DWI Plan for Livingston County and forward the Plan to the N.Y.S. Department of Motor Vehicles Governor=s Traffic Safety Committee, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York September 22, 1999 Public Safety & Criminal Justice Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 295. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT WITH THE STATE OF NEW YORK UNIFIED COURT SYSTEM SEVENTH JUDICIAL DISTRICT FOR 1999-2004 SECURITY SERVICES Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with the State of New York Unified Court System Seventh Judicial District for 1999-2004 Security Services for contract period April 1, 1999 through March 31, 2004, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York 194

September 22, 1999 Public Safety & Criminal Justice Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT Motion made by Mr. Daly and seconded by Mr. Kramer to adjourn until Wednesday, October 13, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:37 p.m. 195

REGULAR BOARD MEETING WEDNESDAY, OCTOBER 13, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members except Mr. Olverd.

The Pledge of Allegiance.

MINUTES Minutes of 9/22/99 Regular Board Meeting were approved as presented.

PUBLIC HEARING - 1:35 P.M.

The Chairman announced that a public hearing previously scheduled for this date regarding the rate structure for County Water District No. 1, Zone 2, pursuant to Res. No. 99-277, has been canceled.

The Public Hearing to receive comments on Local Law No. D 1999 - Local Law Establishing the Powers and Duties of the County Highway Superintendent, and the Powers, Duties, Mode of Selection and Removal, and Term of Office of the Deputy Superintendent of Highways was called in accordance with the notices published in the official newspapers.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. No one wished to speak. Tish Lynn, Personnel Officer, explained the purpose of the local law.

The Chairman stated that the Public Hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Board picture rescheduled for Wednesday, November 10, 1999. Please inform the Clerk if you are unable to attend. 2. Notice of Claim in the matter of the Estate of Rosella M. Carpenter a/k/a Rosella Carpenter, by Roger Carpenter, Executor versus the County of Livingston, the Livingston County Department of Social Services and the Livingston County Health Related Facility, a/k/a/ Livingston County Campus Skilled Nursing Facility 3. Acknowledgment from Assemblyman Daniel J. Burling regarding Res. No. 99-193, Asking for support of extending the Local Government Records Management Improvement Fund 4. Please be reminded to notify the Clerk today if you plan to attend the tour of the American Rock Salt Company on October 27, 1999. 5. Letter of commendation to Supervisor Joseph Daley from Yvonne E. Watkins, Geneseo Central Superintendent of Schools regarding the assistance of Kevin Niedermaier developing a Crisis Response Plan 6. Intercounty Association of Western New York meeting notice for October 21, 1999 at the Hillside Inn, 9:30 a.m. PROGRAM: ΑPathways≅ ...A Wyoming County Partnership 7. Order to Show Cause filed in the matter of Peter Bruckel versus James Culbertson, Livingston County Clerk, New York; W. Harold Stewart, Supervisor, Town of Geneseo, New York; Richard A. Gray, Superintendent of Highways, Geneseo, New York; and MRB Group, Town Engineers, Geneseo, New York 196

8. Acknowledgment from Genesee Region Home Care for a donation in memory of Mary Wahl 9. Flu clinic on October 27th, 1999, 12:30-3:30 PM, Livingston County Government Center, Strong Room, Geneseo, New York

INTRODUCTION OF LOCAL LAWS

LOCAL LAW NO. E 1999 - PROVIDING FOR THE MANDATORY ROUTING OF ALL WIRELESS 911 CALLS

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS:

LIVINGSTON COUNTY WIRELESS 911 CALL ROUTING LAW

Section 1. Name. This local law shall be known as the Livingston County Wireless 911 Call Routing Law. Section 2. Authority. This local law is enacted under authority of Section 10 of the Municipal Home Rule Law of the state of New York, Article IX of the State Constitution of New York, the County Law, and other applicable statutory and decisional law. Section 3. Findings and Declaration of Intent. This Board of Supervisors recognizes the paramount importance of the health, safety and welfare of the citizens of the County and further recognizes that when the lives or property of its citizens are in imminent danger that appropriate assistance must be rendered as expeditiously as possible. This Board of Supervisors recognizes further that such assistance is increasingly summoned by wireless communications including but not limited to cellular phones and that unintentional, though avoidable, delays in reaching appropriate emergency aid can and do occur to the detriment and jeopardy of life and property when such wireless 911 calls from within Livingston County are routed to anywhere other than directly to the single county wide Livingston County Public Service Answering Point (PSAP) which is under the jurisdiction of the Livingston County Sheriff=s Office. This Board of Supervisors further finds that a major obstacle to the prompt response to emergent wireless requests for assistance in Livingston County is the failure of one or more wireless telephone service suppliers to directly route such calls to the Livingston County Public Service Answering Point (PSAP). The Board of Supervisors further finds that the Livingston County Public Service Answering Point (PSAP) has the most accurate, current and extensive knowledge of Livingston County=s geography, roadways, landmarks, emergency service resources and similar information of critical importance in emergent situations and can immediately dispatch the number and type of emergency services the situation requires. This Board of Supervisors further finds and declares that, by the enactment of the provisions of this local law, it is the intent of the Board of Supervisors to fulfill its obligation to provide for the health, safety and welfare of the people of this County by mandating the direct routing of all 911 calls, including wireless calls, by service suppliers directly to the Livingston County Public Service Answer Point (PSAP) so as to facilitate the rendering of emergency services as expeditiously and effectively as possible. Section 4. Definitions. For the purpose of this law a) ΑWireless telephone service≅ means all commercial mobile services, as that term is defined in section 332(d) of title 47, United States Code, including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide area specialized mobile radio licensees, which offer real time, two-way voice service that is interconnected with the public switched telephone network. b) ΑWireless Telephone service supplier≅ means any Αcorporation≅ or Αperson≅, as those terms are defined in section 1080 of the Tax Law, which provides wireless telephone service in New York State. c) ΑLivingston County Public Service Answering Point≅ or ΑLivingston County PSAP≅ means the site designated and operated by the County of Livingston through its Sheriff=s Office for the purpose of receiving 197 emergency calls including those from a wireless telephone service and dispatching needed emergency services. Section 5. Routing. All wireless telephone service suppliers doing business in Livingston County shall route all 911 emergency calls to the Livingston County Public Service Answering Point (PSAP). Section 6. Remedies. a) Any wireless telephone service supplier failing to observe the requirements of Section 5 above, shall be liable for personal injury including death and/or property damage caused or exacerbated by reason of said failure. b) The Livingston County Board of Supervisors is authorized to pursue any appropriate legal remedy including but not limited to injunction to effectuate the purposes of this local law. Section 7. Separability and Saving Provisions. This local law is separate and apart from any other local law and each provision hereof is separate from any other provision. If this law or portion thereof is found to be invalid, no other law or unaffected portion of this law shall be affected thereby and shall remain in full force and effect. Section 8. Effective Date. This law shall be effective upon its filing with the New York State Secretary of State. Dated at Geneseo, New York October 13, 1999 (Introduced)

LOCAL LAW NO. F 1999 - ESTABLISHING PENALTIES AND PROCEDURES FOR SECURITY ALARM DEVICES

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS:

Section 1. The prevention of false security alarms helps to insure that emergency services providers are not diverted by false alarms, and, therefore, provides for the protection, safety, health and well being of persons and property within Livingston County. Section 2. Definitions. a) ΑSecurity alarm user.≅ Any person or entity on whose premises a security alarm device is installed. b) ΑSecurity alarm device.≅ Any device which, when activated, transmits an audible or visual signal to the Livingston County Sheriff=s Department or to a private central alarm station which, in turn, relays the message to the Livingston County Sheriff=s Department. c) ΑFalse alarms.≅ Any audible or visual signal transmitted to or relayed to the Livingston County Sheriff=s Department caused by the malfunction of a security alarm device or private central alarm station which results in the unnecessary dispatch of an emergency service provider, whether or not the security alarm user is aware of the malfunction. d) ΑEmergency service provider.≅ Any fire, police, ambulance, medical or rescue service which provides services for relieving human suffering, injury or loss of life or damage to property as the result of an emergency. Section 3. A) All security alarm devices operated within Livingston County, excluding devices within the village limits of villages with security alarm ordinances, must be registered with the Livingston County Sheriff=s Department within sixty (60) days of the effective date of this local law. B) Prior to activation of any security alarm device, the security alarm user must fill out and file with the Livingston County Sheriff=s Department, the Livingston County Sheriff=s Department Alarm Information Sheet. The security alarm user must notify the Livingston County Sheriff=s Department of any changes to the information in the Alarm Information Sheet prior to or simultaneously with any changes and of any deactivation of the security alarm device within five (5) days of the deactivation. Section 4. No automatic security alarm device dialers may use the Emergency 911 phone line. Alarm notification with the Livingston County Sheriff=s Department must be made via a phone number designated solely to alarms or by a dedicated phone line to an alarm board. Section 5. False alarms are hereby prohibited. There is imposed a fine upon any security alarm user for each false alarm as follows: a) 1st and 2nd false alarm per calendar month Written Warning b) 3rd false alarm per calendar month $25.00 Fine c) 4th false alarm per calendar month $50.00 Fine 198

d) Each additional false alarm per calendar month $100.00 Fine

Fines shall be payable to the Livingston County Treasurer within thirty (30) days of receipt by the security alarm user of written notice of the imposition of the fine. Section 6. If any security alarm device emits more than five false alarms in any calendar year, or if any security alarm user fails to comply with any other provision of this local law within thirty (30) days of written notice of the failure to comply, the Livingston County Sheriff=s Department is authorized to notify the security alarm user to immediately disconnect the security alarm device. The security alarm user may not reconnect their security alarm device until the Livingston County Sheriff=s Department is provided satisfactory proof of repair of the security alarm device and proof of compliance with this local law. Section 7. Any security alarm user who receives notice of imposition of a fine or notice of a failure to comply with this local law, may request a hearing before the Public Safety & Criminal Justice Committee of the Livingston County Board of Supervisors regarding such fine or failure to comply by serving a written request for a hearing with the Clerk of the Livingston County Board of Supervisors within fifteen (15) of their receipt of the notice of imposition of a fine or notice of a failure to comply with this local law. Upon service of a written request for a hearing, the deadline for payment of the fine or proof of compliance with this local law shall be extended to fifteen (15) days after receipt by the security alarm user of the hearing result. After making their determination, the Public Safety & Criminal Justice Committee of the Livingston County Board of Supervisors shall give notice thereof to the applicant, who shall be entitled to review said determination by a proceeding pursuant to the provisions of Article 78 of the Civil Practice Law and Rules. Section 8. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect. Section 9. All notices referred to in this local law shall be served either personally or by certified mail return receipt requested. Dated at Geneseo, New York October 13, 1999 (Introduced)

Mr. Olverd entered.

RESOLUTION NO. 99 - 296. APPROVING ABSTRACT OF CLAIMS #10A - OCTOBER 13, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #10A dated October 13, 1999 in the total amount of $1,501,690.26. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR 1. Gloria Brand, Director of Employment & Training, to introduce Keith Mitchell, Employment & Training/Youth Bureau Coordinator who presented a review of ΑThe Survey of Youth Resources and Assets≅. An Executive Summary of the 1999 Survey of Student Resources and Assets is on file. K. Mitchell stated that a survey completed by 2,400 seventh through tenth graders in Livingston County schools indicates that there is a solid base of support for county youth. The Search Institute, who specializes in youth development, has identified 40 developmental assets that all young people need to lead healthy and successful lives. The results from the data indicate that Livingston County youth possess 199

an average of 17.9 assets. People involved in youth development will now have some data they can build on as they work to infuse the assets in our young people.

County Attorney David Morris clarified the procedure of the Preferred Agenda.

PREFERRED AGENDA Chairman Merrick announced that any Supervisor may request any of the following resolutions to be pulled from the preferred agenda and placed on the regular agenda.

RESOLUTION NO. 99 - 297. DECLARING SURPLUS PROPERTY - DEPARTMENT OF SOCIAL SERVICES, CAMPUS SNF, GENESEO SNF WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: DEPARTMENT OF SOCIAL SERVICES Three (3) 30" x 60" Metal Desks, Tag Numbers 574, A0776 and A2107. CAMPUS SNF One (1) Cleveland Steam Kettle, Dual Bowl GENESEO SNF One (1) Duke Steam Table, 5 well One (1) General Electric Pizza Oven, 3 shelves Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 298. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD AND SUBCOMMITTEES - BRAUN, ANDINO, PARKER, HALL, WRIGHT RESOLVED, that the following persons are hereby appointed to the Livingston County Community Services Board and Subcommittees for the term designated: TERM EXPIRES Community Services Board Sandra Braun, 1959 Pole Bridge Road, Avon, NY 14414 12/31/2000 to replace Andrew McFarland Robert Andino, Box 7, 48 Murray Street, Mt. Morris, NY 14510 12/31/2002 to replace Karen Duncombe Nancy Parker, 4600 Federal Road, Livonia, NY 14487 12/31/2000 to replace Larry Kelley Mental Health Subcommittee Sandra Braun, 1959 Pole Bridge Road, Avon, NY 14414 12/31/99 to replace Nancy McFarland Developmental Disabilities Subcommittee Elizabeth Hall, Ph.D., SUNY Geneseo, 220B South Hall, 1 College Circle, Geneseo, NY 14454 12/31/2000 to replace Denise Syed Chemical Dependency Subcommittee Sandra Wright, Livingston County DSS, 3 Livingston Campus, Mt. Morris, NY 14510 12/31/2002 to replace Larry Kelley 200

Dated at Geneseo, New York October 13, 1999 Health Committee

RESOLUTION NO. 99 - 299 PROCLAIMING THE WEEK OF OCTOBER 18-26, 1999 AS MEDIATION WEEK IN LIVINGSTON COUNTY WHEREAS, social conflict and interpersonal disputes are commonplace events, ranging from the most minor disagreement between friends to those between nations which have the potential for global disaster, and WHEREAS, the way in which conflicts are resolved can dramatically affect the quality of life of the individuals involved as well as the communities and society in which they live, and WHEREAS, supporting alternative means of conflict resolution, which reconcile disputing parties, is a goal we should seek to achieve, and WHEREAS, the last three decades have seen an increased awareness and use of dispute resolution processes as alternatives to litigation and adjudication, and WHEREAS, the dispute resolution processes of mediation, conciliation and arbitration are being used to resolve public policy issues, environmental matters, custody and visitation issues, divorce, landlord/tenant problems, lemon law cases, as well as a vast array of criminal, civil, and youth related issues in our community and in our schools, and WHEREAS, in order to increase public awareness concerning alternative dispute processes, a week has been proclaimed to educate and celebrate, it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby proclaims the week of October 18-26, 1999 as Mediation Week in Livingston County, and it is further RESOLVED, that the Livingston County Board of Supervisors recognizes organizations, staff and volunteers who have dedicated themselves to the principles and practice of dispute resolution, with the ultimate goal of serving fellow citizens and further justice in Livingston County and New York State. Dated at Geneseo, New York October 13, 1999 Legislative & Agricultural Affairs Committee

RESOLUTION NO. 99 - 300. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. E 1999 WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on October 13, 1999, a proposed Local Law entitled Local Law E 1999, Providing for the Mandatory Routing of All Wireless 911 Calls, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 27th day of October, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice shall be given by posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York October 13, 1999 Public Safety & Criminal Justice Committee

RESOLUTION NO. 99 - 301. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. F 1999 WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on October 13, 201

1999, a proposed Local Law entitled Local Law F 1999, Establishing Penalties and Procedures for Security Alarm Devices, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 27th day of October, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice shall be given by posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York October 13, 1999 Public Safety & Criminal Justice Committee.

PREFERRED AGENDA ROLL CALL VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda. Mr. Layland moved and Mr. Essler seconded to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTIONS

RESOLUTION NO. 99 - 302. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, COUNTY ADMINISTRATOR, INFORMATION & TECHNOLOGY SERVICES, OFFICE FOR THE AGING, PUBLIC HEALTH, SHERIFF, SOCIAL SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 303. ACCEPTING THE REPORT OF COMMITTEE ON WORKERS=== COMPENSATION INSURANCE ESTIMATE AND APPORTIONMENT OF COUNTY SELF-INSURANCE FOR THE YEAR 2000 Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Finance & Administration Committee has submitted the annual estimate and apportionment of expenses for the Livingston County Self-Insurance Plan for the fiscal year beginning January 1, 2000, and ending December 31, 2000, pursuant to Section 67 Paragraph 1 of the Workers= Compensation Law. SEE NEXT PAGE

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203 and WHEREAS, the Finance & Administration Committee recommends the adoption of the report, it is hereby RESOLVED, that the estimate and apportionment of expenses be approved as submitted, and be it further RESOLVED, that pursuant to Section 67, Paragraph 1, of the Workers= Compensation Law, the amount apportioned to the County and each of the participating towns as set forth in the foregoing report be levied and assessed upon the taxable property of the County, and that other participating municipalities make payment to the County Treasurer not later than thirty days after the commencement of the participants next fiscal year, and be it further RESOLVED, that certified copies of this report and resolution be forwarded to each participant of this plan. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee The County Administrator provided an explanation of the report of Workers= Compensation insurance estimate and apportionment of county self-insurance for the year 2000. The County Administrator noted that this plan provides insurance coverage to all town and village employees and the volunteers within those municipalities. Overall, the fund is in good financial shape. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 304. PROVIDING FOR CLOTHING AND FOOTWEAR EXEMPTION FROM SALES AND USE TAXES FOR THE PERIOD JANUARY 15, 2000 THROUGH JANUARY 21, 2000 Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the State of New York has enacted legislation exempting clothing purchases from the state-level sales tax during the period of January 15, 2000 through January 21, 2000, and WHEREAS, Counties that have a local sales tax can enact a resolution to also exempt the County-level sales tax from said purchases, and WHEREAS, the Board of Supervisors of Livingston County is also desirous to participate in the one-week exemption, now, therefore, be it RESOLVED, that receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph 30-a of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction, and be it further RESOLVED, that this resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing January 15, 2000 and ending January 21, 2000, although made or occurring under a prior contract. Dated at Geneseo, New York Finance & Administration Committee October 13, 1999 The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 305. AUTHORIZING INTERMUNICIPAL COOPERATION AGREEMENT WITH THE TOWN OF GENESEO Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign an intermunicipal cooperation agreement with the Town of Geneseo for the funding and construction of a roadway and water and sewer infrastructure between Lakeville Road and Lima Road, subject to the approval of the County Administrator and County Attorney. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 204

RESOLUTION NO. 99 - 306. AUTHORIZING COUNTY TREASURER TO COLLECT DELINQUENT TAXES Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be authorized to collect delinquent taxes from the Villages of Caledonia, Geneseo, Leicester, Lima, Livonia, Mt. Morris, North Dansville, and Nunda and add 5% to the amount returned by the Village Tax Collector to be collected from October 1, 1999 through November 30, 1999, and, be it further RESOLVED, that the County Treasurer is hereby authorized to add 7% to the amount returned by the Village Tax Collectors to be relevied on December 1, 1999 to the January 1, 2000 tax roll. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 307. SUBORDINATING PORTION OF PREMISES MORTGAGED TO LIVINGSTON COUNTY BY ROBERT METCALFE AND MOTORCITY RACEWAY, INC. Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston currently holds a purchase money mortgage on approximately three hundred fifty (350) acres of land owned by Robert Metcalfe and Motorcity Raceway, Inc. in the Town of Leicester; and WHEREAS, Robert Metcalfe and Motorcity Raceway, Inc. desire to borrow additional money from the Bank of Castile in order to make repairs and improvements to the raceway; and WHEREAS, the Bank of Castile is unwilling to loan this additional money to Robert Metcalfe and Motorcity Raceway, Inc. unless the bank is able to take a first mortgage for the additional funds on approximately seventy (70) acres containing a house and barn; and WHEREAS, Robert Metcalfe and Motorcity Raceway, Inc. have requested that the County of Livingston subordinate their mortgage on that seventy (70) acre parcel with house and barn to the Bank of Castile mortgage, and WHEREAS, the County of Livingston will retain its first mortgage on the balance of the property containing approximately two hundred eighty (280) acres and will have a second mortgage on the seventy (70) acre parcel, NOW, THEREFORE, BE IT RESOLVED, that the County of Livingston agrees to subordinate its mortgage to the Bank of Castile mortgage on approximately seventy (70) acres of land containing a house and barn currently owned by Robert Metcalfe and Motorcity Raceway, Inc. under such terms and conditions as can be negotiated between the County Attorney and the Bank of Castile. Dated at Geneseo, New York October 13, 1999 Finance & Administration Committee Supervisor Daley, Town of Avon, questioned where the house and barn were located in relation to the racetrack. The County Administrator provided an explanation of the location and clarified the need for this resolution. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 308 AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACT FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - (1) Memorandum of Understanding Between Monroe Plan for Medical Care for the Provision of Perinatal Social Assessment and Case Management Services under the Auspices of the Teenage Services Act (TASA) Program; (2) Contract Modification Between the New York State Department of Health for the Budget Modification of WIC Contract; (3) Agreement Between Preferred Care for Diabetes Education; 205

(4)Agreement Between Roberts Wesleyan College for Clinical Experience Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Attorney and County Administrator:

CONTRACT TERM (1) Memorandum of Understanding Between Monroe Plan for Medical Care 10/1/99 - 12/31/2000 for the Provision of Perinatal Social Assessment and Case Management Services under the Auspices of the Teenage Services Act (TASA) Program; (2) Contract Modification Between the New York State Department of Health 10/1/99 - 9/30/2000 for the Budget Modification of WIC Contract; (3) Agreement Between Preferred Care for Diabetes Education; 9/1/99 - 12/31/1999 (4) Agreement Between Roberts Wesleyan College for Clinical Experience 9/30/99 - 8/31/2000 Dated at Geneseo, New York October 13, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 309. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A LETTER OF AGREEMENT BETWEEN PREFERRED CARE AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE 1999 FLU VACCINE CAMPAIGN Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a Letter of Agreement between Preferred Care, located at 259 Monroe Ave., Rochester, NY 14607, and the Livingston County Department of Health for the 1999 Flu Vaccine Campaign, commencing on September 1, 1999 and terminating on December 31, 1999, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York October 13, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 310. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN REID PERKINS AND THE GENESEE VALLEY HEALTH NETWORK (GVHN) FOR COORDINATOR SERVICES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, Livingston County has received a Rural Health Network Grant, herein referred to as Genesee Valley Health Network, and WHEREAS, the County Genesee Valley Health Network (GVHN) wishes to contract with Reid Perkins of Reid Consulting to coordinate the activities of the GVHN, therefore, be it RESOLVED, the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a Memorandum of Agreement between Reid Perkins of 10950 County Rd. 92, Wayland, NY 14572, and the Genesee Valley Health Network, commencing on October 14, 1999 and terminating on June 30, 2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York October 13, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

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PUBLIC HEARING The Chairman asked if anyone wished to speak regarding the Public Hearing on Local Law No. D 1999. No one wished to speak. The Chairman declared the public hearing closed.

MOTION TO VOTE ON LOCAL LAW NO. D 1999 Mr. Layland moved and Mr. Bassage seconded to call Local Law No. D 1999 to the table. Carried.

LOCAL LAW NO. 4 - 1999 LOCAL LAW ESTABLISHING THE POWERS AND DUTIES OF THE COUNTY HIGHWAY SUPERINTENDENT, AND THE POWERS, DUTIES, MODE OF SELECTION AND REMOVAL, AND TERM OF OFFICE OF THE DEPUTY SUPERINTENDENT OF HIGHWAYS

Be it enacted by the Board of Supervisors of the County of Livingston as follows:

Section 1. The County of Livingston has the authority to adopt a local law setting forth the powers and duties of the County Highway Superintendent, and the powers, duties, mode of selection and removal, and term of office of the Deputy Superintendent of Highways provided they are not inconsistent with the Constitution or any general law of the State of New York. Section 2. The Livingston County Superintendent shall be the head of the County Highway Department and, as such, shall be vested with authority, direction and control over said department, and shall have the power and authority to appoint and remove officers and employees therein subject to the New York State Civil Service Law and any other applicable statutes, rules or regulations. The County Highway Superintendent shall have the power, with the approval of the Board of supervisors, to appoint a Deputy Highway Superintendent for such period or periods as the Board of Supervisors may determine, but limited to the term of office for which such County Highway Superintendent was appointed, with power and authority in the County Highway Superintendent to terminate such appointment at his pleasure. Section 3. The Deputy Superintendent of Highways shall have all the powers and duties of the County Highway Superintendent, and the authority to act generally for and in the place of the County Highway Superintendent, during the Superintendent=s inability to act, during the Superintendent=s regular or approved vacation periods and at such other times as designated in writing by the County Highway Superintendent. Section 4. The minimum qualifications for appointment to the position of County Highway Superintendent are as follows:

1. Graduation from a regionally accredited or New York State registered college or university with a Bachelor=s degree in civil engineering or a closely related area of study and six years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 2. Graduation from high school and ten years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 3. An equivalent combination of training and experience. Section 5. The minimum qualifications for appointment to the position of Deputy Highway Superintendent are as follows:

1. Graduation from a regionally accredited or New York State registered college or university with an Associate=s Degree in Civil Engineering, Construction Technology or a closely related area of study, and six years of progressively responsible experience in major highway construction, maintenance,

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design or development, including at least one year of responsible full-time supervisory experience; or 2. Graduation from high school or possession of a high school equivalency diploma and eight years of progressively responsible experience in major highway construction, maintenance, design or development, including at least two years of responsible supervisory experience; or 3. An equivalent combination of training and experience. Section 6. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State.

Dated at Geneseo, New York September 22 , 1999 (Introduced) October 13, 1999 The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS 1. Supervisor Davis, Town of Portage, reported that at the recent Fish & Wildlife Management meeting, the members were informed of the virus that is in southern New York State and announced that if anyone saw any crows or starlings dead to contact the New York State Department of Environmental Conservation.

ADJOURNMENT Motion made by Mr. Moore and seconded by Mr. Layland to adjourn until Wednesday, October 27, 1999 at 1:30 p.m. Carried. The Board adjourned at 2:28 p.m. 208

REGULAR BOARD MEETING WEDNESDAY, OCTOBER 27, 1999 1:30 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 10/13/99 Regular Board Meeting were approved as presented.

PUBLIC HEARINGS - 1:35 P.M.

The Public Hearings to receive comments on Local Law No. E 1999 - Providing for the Mandatory Routing of All Wireless 911 Calls and Local Law No. F 1999 - Establishing Penalties and Procedures for Security Alarm Devices were called in accordance with the notices published in the official newspapers.

The County Attorney explained each local law.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. No one from the public wished to speak.

Mr. Bassage, Lima Supervisor, stated he thought a wireless telephone call would be routed to a destination dependent on where the caller was located. The County Attorney explained that the suppliers are able to reroute the calls.

Mr. Daley, Avon Supervisor and Chairman of the Public Safety & Criminal Justice Committee, stated he has discussed Local Law No. F with the Avon Chief of Police and requested that a change be made to the law to include Town Police Departments.

Mr. Moore, Leicester Supervisor, stated he did not think the fines were high enough.

Mr. House, York Supervisor, stated he spoke with the Chairman of the York Fire Department Board of Directors and the Fire Department is concerned that the schedule of fines for repeated false alarms could allow a faulty alarm system to fail up to 24 times in a year with no monetary penalty.

Mr. Layland, Caledonia Supervisor, concurred with Mr. House, and asked whether the local law could be written to change Section 5 by resolution. The County Attorney explained that modifications to local laws should be done by local law.

The County Attorney explained that changes can be made to Local Law No. F and the revised local law will have to be laid over for 5 days and could be voted on at the November 10th meeting.

Mr. Daley stated that he would be willing to bring Local Law No. F back to the Committee and make these changes.

The Chairman stated that the Public Hearing would remain open until the end of the meeting.

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COMMUNICATIONS Acknowledgment from Supervisor Timothy R. Wahl for the donation in memory of Mary Carol Wahl Livingston County Chamber of Commerce Agriculture Committee thanking the Board for their participation on the Agricultural Decision Makers Tour. Letter from New York State Office of Parks, Recreation and Historic Preservation informing the County that The Tram Site, Route 15A, Town of Livonia has been listed on the State Register of Historic Places. Acknowledgment from The American Diabetes Association for the donation in memory of Marcella Gaffney, family member of Dominic F. Mazza. Correspondence from NYS DOT notifying the County that the State will conduct a study on improving Route 63 travel. Resolution number #12 on the agenda was pulled. A draft resolution was distributed and the Supervisors were requested to review the resolution and its attachments and the resolution will be presented at the next board meeting. The County Administrator explained the SEQR process and the need to adopt this resolution.

INTRODUCTION OF LOCAL LAW

LOCAL LAW NO. G OF THE YEAR 1999 A LOCAL LAW ENTITLED THE LIVINGSTON COUNTY HOTEL AND MOTEL ROOM OCCUPANCY TAX LAW.

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS:

TITLE 100 - GENERAL PROVISIONS: 101. Short Title: This Local Law shall be known as the Livingston County Hotel and Motel Room Occupancy Tax Law. 102. Intent: This Local Law is adopted to implement the provisions of Chapter 290 of the Laws of 1993, effective July 21, 1993, enacting section 1202-M of the Tax Law of the State of New York. 103. Definitions: Unless the context requires a different meaning, when used in this Local Law, the following terms shall mean: a. "County" shall mean the County of Livingston. b. "Person" shall mean an individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. c. "Operator" shall mean any person operating a hotel or motel in the County of Livingston, including but not limited to the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such hotel or motel. d. "Hotel or Motel" or either term singly shall mean any facility or portion thereof providing lodging on an overnight basis. The term "hotel" or "motel" includes an apartment, hotel, motor court or inn, boarding house, cabin, cottage or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as "bed and breakfast" and "tourist" facilities. e. "Occupancy" shall mean the use or possession, or the right to use or possession of any room in a hotel or motel. f. "Occupant" shall mean a person who, for a consideration, uses, possesses, or has the right to use or possess, any room in a hotel or motel under any lease, concession, permit, right of access, license to use or other agreement, or otherwise. g. "Permanent Resident" shall mean any occupant of any room or rooms in a hotel or motel for a period 210

in excess of fourteen consecutive days. h. "Rent" shall mean the consideration received for occupancy valued in money, whether received in money or otherwise. I. "Room" shall mean any room of any kind in any part or portion of a hotel or motel, which is available for or let out for any purpose other than a place of assembly. j. "Return" shall mean any return filed or required to be filed as herein provided. k. "Tax" shall mean the tax imposed pursuant to this Local Law and any increase, reduction or modification hereafter authorized. l. "Treasurer" shall mean the Treasurer of Livingston County or the Treasurer's designee. m. "Board or other charge" shall mean the charge or charges which an operator shall impose for food and meals or for other services and facilities at a hotel or motel which charge is included in the cost of occupancy of a room as a common charge, or, if such charges are separately stated, is a charge which is not optional and is required to be paid by the occupant as part of the cost of occupancy of a room. 104. Territorial Limitations: A tax imposed by this Local Law shall apply only within the territorial limits of the County of Livingston. 105. Reference to Tax: Wherever reference is made in placards, advertisements or other publications to the tax imposed by this Local Law, such reference shall be substantially in the following form: "Tax on occupancy of hotel or motel rooms", except that in any bill, receipt, statement or other agreement or memorandum of occupancy or rent charge issued or employed by an operator, the words "occupancy tax" shall suffice. TITLE 200 - ADMINISTRATION OF TAX LAW 201. Administration: The tax imposed by this Local Law shall be administered and collected by the Treasurer or other fiscal officers of the County as he may designate by such means and in such manner as are other taxes which are now collected and administered by such officers or as otherwise provided by this Local Law. 202. General Powers of the Treasurer: In addition to the powers granted to the Treasurer in this Local Law, the Treasurer is hereby authorized and empowered to: a. make, adopt and amend rules and regulations appropriate to the carrying out of this Local Law and the purposes thereof, provided, however, that no rule or regulation shall become effective until 30 days after such rule or regulation shall have been filed with the Clerk of the Board of Supervisors; b. extend for cause shown, the time of filing any return for a period not exceeding three months, provided not less than 90 percent of the estimated tax for the period for which the return is required to be filed shall be paid together with the request for such extension on or before the due date; and for cause shown to remit penalties but not interest computed at the rate and in the manner provided in section 924-a of the Real Property Tax Law on taxes not paid; and to compromise disputed claims in connection with the tax imposed by this Local Law; c. request information from the Department of Taxation and Finance of the State of New York or the Treasury Department of the United States relative to any person; and to afford information to such taxation department or treasury department relative to any person, any other provision of this Local Law to the contrary notwithstanding; d. delegate his functions hereunder to a deputy treasurer or any employee or employees of the Treasurer, e. prescribe methods for determining the rents for occupancy and to determine the taxable and non-taxable rents; f. require any operator within the County to keep detailed records of the nature and type of hotel maintained, nature and type of service rendered, rooms available and rooms occupied daily, leases or occupancy contracts or arrangements, rents received, charged and accrued, the names and addresses of the occupants, whether or not any occupancy is claimed to be subject to the tax and to furnish such information upon request to the Treasurer; 211

g. assess, determine, revise and readjust the taxes imposed under this Local Law, and require the filing of estimated tax returns and payment of estimated tax where necessary; h. direct the County Attorney to take such action as may be required to enforce this Local Law, including but not limited to providing representation in any administrative proceeding conducted by the Treasurer for enforcement of this Local Law brought in the name of the County in any court of appropriate jurisdiction without any further authorization of the Board of Supervisors. 203. Administration of Oaths and Compelling Testimony: a. The Treasurer or his employees or agents duly designated and authorized by him shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of their powers and duties under this Local Law. The Treasurer shall have power to subpoena and require the attendance of witnesses and the production of books, papers, and documents to secure information pertinent to the performance of his duties hereunder and of the enforcement of this Local Law and to examine them in relation thereto, and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or excused from attendance. b. A justice of the supreme court either in court or at chambers shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and documents called for by the subpoena of the Treasurer under this Local Law. c. Any person who shall refuse to testify or to produce books or records or who shall testify falsely in any material matter pending before the Treasurer under this Local Law shall be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars or imprisonment for not more than one year, or both such fine and imprisonment. d. The officers who serve the summons or subpoena of the Treasurer and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Sheriff and his duly appointed deputies or any officers or employees of the Treasurer, designated to serve such process. TITLE 300 - TAX RATE, PERSONS LIABLE, TAXABLE RENT, EXEMPTIONS 301. Imposition of Tax: On and after the 1st day of January, 2000, there is hereby imposed and there shall be paid a tax of three percent (3%) upon the rent for every occupancy of a room or rooms in a hotel or motel in this County except that the tax shall not be imposed upon a. permanent residents for the period of occupancy in excess of fourteen days, or b. exempt organizations as hereinafter set forth. 302. Statement of Tax to be Collected; Person Liable for Payment of Tax: a. The tax to be collected shall be stated and charged separately from the rent and shown separately on any record thereof, at the time when the occupancy is arranged or contracted for and charged for, and upon every evidence of occupancy or any bill or statement or charge made for said occupancy issued or delivered by the operator, and the tax shall be paid by the occupant to the operator as trustee for and on account of the County, and the operator shall be liable for the collection thereof and for the tax. The operator and any officer of any corporate operator shall be personally liable for the tax collected or required to be collected under this Local Law, and the operator shall have the same right in respect to collecting the tax from the occupant, or in respect to nonpayment of the tax by the occupant as if the tax were a part of the rent for the occupancy payable at the time such tax shall become due and owing, including all rights of eviction, dispossession, repossession and enforcement of any innkeeper's lien that he may have in the event of non-payment of rent by the occupant; provided, however, that the Treasurer or other fiscal officer or officers, employees or agents duly designated by him shall be joined as a party in any action or proceeding brought by the operator to collect or enforce collection of the tax. b. Where the occupant has failed to pay and the operator has failed to collect a tax as imposed by this Local Law, then in addition to all other rights, obligations and remedies provided, such tax shall be 212

payable by the occupant directly to the Treasurer, and it shall be the duty of the occupant to file a return thereof with the Treasurer and to pay the tax imposed thereon to the County Treasurer within 15 days after such tax was due. c. The Treasurer may, whenever he deems it necessary for the proper enforcement of this Local Law, provide by regulation that the occupant shall file returns and pay directly to the Treasurer the tax herein imposed, at such times as returns are required to be filed and payment made over by the operator. d. The tax imposed by this Local Law shall be paid upon any occupancy on and after January 1, 2000, although such occupancy is had pursuant to a contract, lease or other arrangement made prior to such date. Where rent is paid or charged or billed, or falls due on either a weekly, monthly or other term basis, the rent so paid charged, billed or falling due shall be subject to the tax herein imposed to the extent that it covers any portion of the period on and after January 1, 2000. Where any tax has been paid hereunder upon any rent which has been ascertained to be worthless, the Treasurer may by regulation provide for credit and/or refund of the amount of such tax upon application therefor as provided in section 406 of this Local Law. e. For the purpose of the proper administration of this Local Law and to prevent evasion of the tax hereby imposed, it shall be presumed that all rents are subject to tax until the contrary is established, and the burden of providing that a rent for occupancy is not taxable hereunder shall be upon the operator, except that, where by regulation pursuant to section 302(d) an occupant is required to file returns and pay directly to the Treasurer the tax herein imposed, the burden of proving that a rent for occupancy is not taxable shall be upon the occupant. Where an occupant claims exemption from the tax under the provisions of section 304, the rent shall be deemed taxable hereunder unless the operator shall receive from the occupant claiming such exemption a certificate duly executed by an exempt corporation or association certifying that the occupant is its agent, representative, or employee, together with a certificate executed by the occupant that his occupancy is paid or to be paid by such exempt corporation or association, and is necessary or required in the course of or in connection with the occupant's duties as a representative of such corporation or association. Where deemed necessary by the operator, he may further require that any occupant claiming exemption from the tax furnish a copy of a certificate issued by the Treasurer certifying that the corporation or association therein named is exempt from the tax under section 304. 303. Determination of Taxable Rent: a. If the cost of occupancy of a room includes only the cost of occupancy of the room and board and other charges are separately stated and are incurred at the option of the occupant, rent subject to the tax shall be the charge made by the operator for occupancy of a room and the tax shall be based on that amount. b. If the cost of occupancy of a room shall include only board as a common charge, or where board is separately stated and board is not optional and is required to be paid by the occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Total charge includes Room Board

Room, breakfast, lunch, dinner 55% 45% Room, lunch, dinner 65% 35% Room, breakfast, dinner 65% 35% Room, breakfast, lunch 75% 25% Room, dinner 80% 20% Room, lunch 90% 10% Room, breakfast 90% 10% 213

c. If the cost of occupancy of a room shall include only charges, as defined herein, as a common charge, or where other charges are separately stated and such other charges are not optional and are required to be paid by the occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Other Total charge includes Room charge Room, other charge 95% 5% d. If the cost of occupancy of a room shall include charges defined in subparagraphs (b) and (c) of this section as a common charge or, where such charges are separately stated and such charges are not optional and are required to be paid by an occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Board other Total charge includes Room charge Room, breakfast, lunch, dinner, other charge 50% 50% Room, lunch, dinner, other charge 60% 40% Room, breakfast, dinner, other charge 60% 40% Room, breakfast, lunch, other charge 70% 30% Room, dinner, other charge 75% 25% Room, lunch, other charge 85% 15% Room, breakfast, other charge 85% 15% e. When the occupant becomes a permanent resident, the operator shall discontinue collection of the tax f. If the operator neither separately states the charge for board, other charges or both nor uses the above schedules, the entire charge is taxable until the occupant becomes a permanent resident. 304. Exempt Organizations: a. Except as otherwise provided in this section, any use or occupancy by any of the following shall not be subject to the tax imposed by this Local Law: I. The State of New York or any public corporation (including a public corporation created pursuant to agreement or compact with another state or Canada), improvement district or political subdivision of the state; ii. The United States of America, insofar as it is immune for taxation; iii. Any corporation or association, or trust, or community chest, fund or foundation organized and operated exclusively for religious, charitable or education purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; provided, however, that nothing in this section shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this section. b. Where any organization described in section 304(a)(iii) carries on its activities in furtherance of the purposes for which it was organized, in premises in which, as part of said activities, it operates a hotel or motel, occupancy of rooms in the premises and rents therefrom received by such corporation or association shall not be subject to tax hereunder. TITLE 400 - REGISTRATION, RECORDS, RETURNS, PAYMENT, REFUNDS 214

401. Registration: Within ten days after the effective date of this Local Law, or in the case of operators commencing business after such effective date of this Local Law, within three days after such commencement or opening, every operator shall file with the Treasurer an application for a certificate of authority empowering such operator to collect the tax from the occupant. Upon receipt of such application, the Treasurer shall issue a certificate of authority to such operator which when authenticated shall constitute the authority for the purposes of this Local Law. Each application for a certificate of authority shall state the hotel or motel to which it is applicable; the name of the operator of such hotel or motel, the address of such operator, the taxpayer identification number assigned to such operator, the state of incorporation and the date upon which such corporation obtained authority to do business in this state, if not organized in this state, the names of each partner, if a partnership, and such other information as the Treasurer may by rule require. Such certificates of authority shall be prominently displayed by the operator in such manner that it may be seen and come to the notice of all occupants and persons seeking occupancy. Such certificates shall be non-assignable and non-transferable and shall be surrendered immediately to the Treasurer upon the cessation of business at the hotel or motel named or upon its sale or transfer. 402. Records To Be Maintained: Every operator shall keep records of every occupancy and of all rent paid, charged, or due thereon and of the tax payable thereon, in such form as the Treasurer by regulation requires. Such records shall be available for inspection and examination at any time upon demand by the Treasurer or his duly authorized agent or employee and shall be preserved for a period of three years, except that the Treasurer may consent to their destruction within that period or may require that they be kept longer. 403. Returns: a. Every operator shall file with the Treasurer a return of occupancy and of rents, and of the taxes payable thereon for the quarterly periods ending March 31, June 30, September 30 and December 31 of each year, on and after the first day of 2000. Such returns shall be filed within thirty days from the expiration of the period covered thereby. The Treasurer may permit or require returns to be made by other periods and upon such dates as he may specify. If the Treasurer deems it necessary in order to insure the payment of the tax imposed by this Local Law, he may require returns to be made for shorter periods than those prescribed pursuant to the foregoing provisions of this section and upon such dates as he may specify. b. The forms of returns shall be prescribed by the Treasurer and shall contain such information as he may deem for the proper administration of this Local Law. The Treasurer may require amended returns to be filed within twenty days after notice and to contain the information specified in the notice. c. If a return required by this Local Law is not filed, or a return filed is incorrect or insufficient on its face, the Treasurer shall take the necessary steps to enforce the filing of such a return or of a corrected return. 404. Payment of Tax: At the time of filing a return of occupancy and of rents each operator shall pay to the Treasurer the taxes imposed by this Local Law upon the rents required to be included in such return, as well as all other moneys collected by the operator acting or purporting to act under the provisions of this Local Law. Where the Treasurer, in his discretion, deems it necessary to protect revenues to be obtained under this Local Law, the Treasurer may require an operator to file with him a bond, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as the Treasurer may fix to secure the payment of any tax and/or penalties and interest due or which may become due from such operator. In the event that the Treasurer determines that an operator is to file such bond he shall give notice to such operator to that effect specifying the amount of the bond required. The operator shall file such bond within five days after the giving of such notice unless within such five days the operator shall request in writing a hearing before the Treasurer at which the necessity, propriety and amount of the bond shall be determined by the Treasurer. Such determination shall be final and shall be complied with within fifteen days after the giving 215

of such notice thereof. In lieu of such bond, securities approved by the Treasurer or cash in such amount as he may prescribe, may be deposited which shall be kept in the custody of the Treasurer who may at any time without notice to the depositor apply them to any tax and/or interest or penalties due, and for that purpose the securities may be sold by him at public or private sale without notice to the depositor thereof. 405. Determination of Tax: If a return required by this Local Law is not filed, or if a return when filed is incorrect or insufficient the amount of tax due shall be determined by the Treasurer from such information as may be obtainable and, if necessary, the tax may be estimated on the basis of external indices, such as number of rooms, location, scale of rents, comparable rents, type of accommodations and service, number of employees and/or other factors. Notice of such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within thirty days after giving of notice of such determination, shall apply to the Treasurer for a hearing, or unless the Treasurer of his own motion shall re-determine the same. After such hearing, the treasurer shall give notice of his determination to the person against whom the tax is assessed. The determination of the Treasurer shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by proceeding under article seventy-eight of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within thirty days after the giving of the notice of such determination. A proceeding under article seventy-eight of the Civil Practice Law and Rules shall not be instituted unless: a. The amount of any tax sought to be reviewed, with penalties and interest thereof, if any, shall be first deposited with the Treasurer and there shall be filed with the Treasurer an undertaking, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as a justice of the supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding, or b. At the option of the applicant such undertaking filed with the Treasurer may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such determination plus the costs and charges which may accrue against it in the prosecution of the proceeding, in which event the applicant shall not be required to deposit such taxes, penalties and interest as a condition precedent to the application. 406. Refunds: a. In the manner provided in this section the Treasurer shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application to the Treasurer for such refund shall be made within one year from the payment thereof. Whenever a refund is made by the Treasurer, he shall state his reason therefor in writing. Such application may be made by the occupant, operator or other person who has actually paid the tax. Such application may also be made by an operator who has collected and paid over such tax to the Treasurer provided the application is made within one year of the payment by the occupant to the operator, but no actual refund of money, shall be to such operator until he shall first establish to the satisfaction of the Treasurer, under such regulations as the Treasurer may prescribe, that he has repaid to the occupant the amount for which the application for refund is made. The Treasurer may in lieu of any refund required to be made, allow credit therefor on payments due from the applicant. b. An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Treasurer may receive evidence with respect thereto. After making his determination the Treasurer shall give notice thereof to the applicant, who shall be entitled to review said determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided the proceeding is instituted within 30 days after the giving of the notice of determination and provided a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the County Treasurer in such amount and with such sureties as a justice of the supreme court shall approve to the effect that if such proceedings be dismissed or the tax confirmed, the petitioner will 216

pay all costs and charges which may accrue in the prosecution of such proceeding. c. A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which had been determined to be due pursuant to the provisions of section 405 of this Local Law where he has had a hearing or an opportunity for a hearing, as provided in said section or has failed to avail himself of the remedies therein provided. No refund or credit shall be made of the tax, interest or penalty paid after a determination by the Treasurer made pursuant to section 405 of this Local Law unless it is found that such determination was erroneous, illegal or unconstitutional or otherwise improper by the Treasurer after a hearing on the petition of a person liable for payment of the tax brought within thirty days after the filing of a determination of the Treasurer after a hearing pursuant to section 405 of this Local Law, or upon his own motion, or in a proceeding under article seventy-eight of the Civil Practice Law and Rules, pursuant to the provisions of said section. In that event a refund or credit without interest shall be made of the tax, credit or penalty found to have been overpaid. 407. Reserves: In cases where the occupant or operator has applied for a refund and has instituted a proceeding under article seventy-eight of the Civil Practice Law and Rules to review a determination adverse to him on his application for refund, the Treasurer shall set up appropriate reserves to meet any decision adverse to the County. 408. Remedies Exclusive: The remedies provided by section 405 and 406 of this Local Law shall be exclusive remedies available to any person for the review of tax liability imposed by this Local Law, and no determination or proposed determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by an action or proceeding in a nature of a certiorari proceeding under article seventy-eight of the Civil Practice Law and Rules; provided, however, that a taxpayer may proceed by declaratory judgment if he institutes suit within thirty days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Treasurer prior to the institution of such suit and posts a bond for costs as provided in section 405 of this Local Law. TITLE 500 - ENFORCEMENT OF COLLECTION OF TAX, PENALTIES AND INTEREST 501. Proceedings to Recover Tax: a. Whenever any operator or any officer of a corporate operator or any occupant or other person shall fail to collect and pay over any tax and/or to pay any tax, penalty or interest imposed by this Local Law as therein provided, the County Attorney shall, upon the request of the Treasurer bring or cause to be brought an action to enforce the payment of the same on behalf of the County of Livingston in any court of the State of New York or of any other state of the United States. If, however, the Treasurer in his discretion believes that any such operator, officer, occupant or other person is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalties might be satisfied, and that any such tax or penalty will not be paid when due, he may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately. b. As an additional or alternate remedy, the Treasurer may issue a warrant, directed to the Sheriff commanding him to levy upon and sell the real and personal property of the operator or officer of a corporate operator or other person liable for the tax, which may be found within the County for the payment of the amount thereof, with any penalties and interest and the cost of executing the warrant, and to return such warrant to the Treasurer and to pay to him the money collected by virtue thereof within sixty days after the receipt of such warrant. The Sheriff shall, within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such Clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalties and interest for which the warrant is issued and the date when such copy is filed. Thereupon the amount of such warrant so docketed shall become a lien upon the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant, in the same manner, and with like effect, as that provided by law in respect to executions issued against property judgments of a court of record and for services in executing the 217

warrant he shall be entitled to the same fees, which he may collect in the same manner. In the discretion of the Treasurer, a warrant of like terms, force and effect may be issued and directed to any officer or employee of the Treasurer and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs, but shall be paid in the performance of such duty. If a warrant is returned not satisfied in full, the Treasurer may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if the County has recovered judgment therefor and execution thereon has been returned unsatisfied. c. Whenever an operator shall make a sale, transfer, or assignment in bulk of any part or the whole of his hotel or motel or his lease, license or other agreement or right to possess or operate such hotel or motel or of the equipment, furnishings, fixtures, supplies or stock of merchandise, or the said premises or lease, license or other agreement or right to possess or operate such hotel or motel and the equipment, furnishings, fixtures, supplies and stock of merchandise pertaining to the conduct or operation of said hotel or motel, otherwise than in the ordinary and regular prosecution of business, the purchaser, transferee or assignee shall at least ten days before taking possession of the subject of the sale, transfer or assignment, or paying therefor, notify the Treasurer by registered or certified mail, return receipt requested, of the proposed sale and of the price, terms and conditions thereof whether or not the seller, transferror or assignor, has represented to or informed the purchaser, transferee or assignee that it owes any tax pursuant to this Local Law, and whether or not the purchaser, transferee or assignee has knowledge that such taxes are owing, and whether any such taxes are in fact owing. d. Whenever the purchaser, transferee or assignee shall fail to give notice to the Treasurer as required by the preceding paragraph or whenever the Treasurer informs the purchaser, transferee or assignee that a possible claim for such tax or taxes exists, any sums of money, property or chooses in action, or other consideration, which the purchaser, transferee or assignee is required to transfer over to the seller, transferror or assignor shall be subject to a first priority right and lien for any such taxes theretofore or thereafter determined to be due from the seller, transferror or assignor to the County, and the purchaser, transferee or assignee is forbidden to transfer to the seller, transferror or assignor any such sums of money, property or chooses in action to the extent of the amount of the County's claim. For failure to comply with the provisions of this subdivision, the purchaser, transferee or assignee, in addition to being subject to the liabilities and remedies imposed under the provisions of article six of the Uniform Commercial Code, shall be personally liable for the payment to the County of any such taxes theretofore or thereafter determined to be due to the County from the seller, transferrer, or assignor, and such liability may be assessed and enforced in the same manner as the liability for tax under this Local Law. 502. Penalties and Interest: a. Any person failing to file a return or to pay over any tax to the Treasurer within the time required by this Local Law shall be subject to a penalty of five percent of the amount of tax due for each month or portion thereof during which such tax due shall remain unpaid but in no event shall such penalty exceed twenty-five percent of the tax due; plus interest computed at the rate and in the manner provided in section 924-a of the Real Property Tax Law, but in no event shall such interest be less than one percent of such tax for each month of delay; but the Treasurer, if satisfied that the delay was excusable, may remit all or part of the penalty, but not interest computed at the rate of six percent per year. Such penalties and interest shall be paid and disposed of in the same manner as other revenues of such tax. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this Local Law. b. Any operator or occupant and any officer of a corporate operator or occupant failing to file a return required by this Local Law, or filing or causing to be filed, or making or causing to be made or giving a causing to be given any return, certificate, affidavit, representation, information, testimony or statement required or authorized by this Local Law, which is willfully false, and any operator and 218

any officer of a corporate operator willfully failing to file a bond required to be filed pursuant to section 405 of this Local Law, or failing to file a registration certificate and such date in connection therewith as the Treasurer may by regulation or otherwise require or to display or surrender the certificate of authority as required by this Local Law or assigning or transferring such certificate of authority and any operator and any officer of a corporate operator willfully failing to charge separately from the rent the tax herein imposed, or willfully failing to state such tax separately on any evidence or occupancy and on any bill or statement or receipt or rent issued or employed by the operator, or willfully failing or refusing to collect such tax from the occupant, and any operator and any officer of a corporate operator who shall refer or cause reference to be made to this tax in a form or manner other than that required by this Local Law, and any operator failing to keep the records required by section 402 of this Local Law, shall, in addition to the penalties herein or elsewhere prescribed, be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both such fine and imprisonment. Officers of a corporate operator shall be personally liable for the tax collected or required to be collected by such corporation under this Local Law, and subject to the penalties herein above imposed. 503. Returns to be Secret: a. Except in accordance with proper judicial order, or as otherwise provided by law, it shall be unlawful for the Treasurer or any officer or employee of the Treasurer to divulge or make known in any manner the rents or other information relating to the business of a taxpayer contained in any return required to be filed pursuant to this Local Law. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding under the provisions of this Local Law, or on behalf of any party to the action or proceeding under the provisions of this Local Law when the proceeding, in either of which events the court may require the production of, and may admit in evidence, so much of said returns or of the fact shown thereby, as are pertinent to the action or proceeding and no more. Nothing herein shall be construed to prohibit the delivery to a taxpayer or his duly authorized representative of a certified copy of any return filed in connection with his tax nor to prohibit the publication of statistics so classified as to prevent the identification of particular returns and the items thereof, or the inspection by the County Attorney or other legal representatives of the County of the return of any taxpayer who shall bring action to set aside or review the tax based thereon, or against whom an action or proceeding has been instituted for the collection of a tax or penalty. Returns shall be preserved for three years and thereafter until the Treasurer permits them to be destroyed. b. Any violation of section 503(a) shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year or both, in the discretion of the court, and if the offender be an officer or employee of the County he shall be dismissed from office and be incapable of holding any public office for a period of five years thereafter. 504. Notices and Limitations of Time: a. Any notice authorized or required under the provisions of this Local Law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him pursuant to the provisions of this Local Law, or in any application made by him, or if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time which is determined according to the provisions of this Local Law by giving the notice shall commence to run from the date of mailing of such notice. b. The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of a civil remedy shall not apply to any proceeding or action taken by the County to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this 219

Local Law. Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of filing of a return; provided, however, that where no return has been filed as provided by law the tax may be assessed at any time. c. Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented in writing that such period be extended, the amount of such additional tax due may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents in writing made before the expiration of the extended period. TITLE 600 - DISPOSITION OF REVENUES 601. Disposition of Revenues: All revenues resulting from the imposition of the tax under the local laws shall be paid into the treasury of Livingston County and shall be credited to and deposited in the general fund of such county and shall be available thereafter for the promotion of tourism and tourist attractions in Livingston County, as well as the promotion of tourist attractions in Livingston County, as well as the promotion of tourism and tourist attractions of the larger region of which Livingston County is a part provided that funding for regional promotion shall not exceed fifty percent of the revenue received hereunder in any year and that not more than five percent of such revenue shall be used for the cost of administering such tax. Such promotion may be carried out by an appropriate organization or organizations as designated by the Livingston County Board of Supervisors. TITLE 700 - SEPARABILITY AND EFFECTIVE DATE 701. Separability: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect. 702. Effective Date: This Local Law shall take effect on January 1, 2000, and expire on December 31, 2002, except that the provisions of this Local Law relating to registration and the authority of the Treasurer to adopt regulations and take all necessary action to prepare for the implementation and enforcement of this Local Law shall take effect immediately. Dated at Geneseo, New York October 27, 1999 (Introduced)

The County Administrator explained that the current local law is due to expire December 31, 1999. Currently, the law imposes a 3% tax on rent for every occupancy of a room or rooms in a hotel or motel in the County, and there is not any change being proposed. The proposed law will be effective from January 1, 2000 through December 31, 2002.

RESOLUTION NO. 99 - 311 ABSTRACT OF CLAIMS #10B - OCTOBER 27, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #10B dated October 27, 1999 in the total amount of $1,188,565.29. Dated at Geneseo, New York October 27, 1999 Finance & administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR David Woods, Planning Director announced that the Genesee/Finger Lakes Regional Planning Fall Regional 220

Planning and Zoning Workshop, will be held on Friday, November 12, 1999 at the Genesee River Conference Center in Mt. Morris. A brochure was distributed and D. Woods asked all Supervisors to encourage Town Planning Board Members and Zoning Officials to attend this workshop. D. Woods also presented an overview of the Proposed Renewal of Agricultural Districts #2,3,4. The information is on file. D. Woods reviewed the summary of change in acreage between the old districts and the new districts (on file). D. Woods explained that after the public hearing on November 10, 1999 resolutions will be presented for determining no significant environmental impact and approving the districts.

PREFERRED AGENDA

RESOLUTION NO. 99 - 312. DECLARING SURPLUS PROPERTY - BOARD OF ELECTIONS WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such item of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item surplus property to be disposed of as determined by the County Administrator: BOARD OF ELECTIONS One (1) Multi Graphics Off-Set Press Model #1360 Dated at Geneseo, New York October 27, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 313. PROVIDING FOR PUBLIC HEARING FOR THE PROPOSED ESTABLISHMENT OF RATES FOR COUNTY WATER DISTRICT NO. 1, ZONE 2, HAMLET OF CONESUS WHEREAS, a Bond Anticipation Note has been issued to construct the water facilities for Zone 2, County Water District No. 1, and WHEREAS, the Highway and Public Works Committee has adopted the following rate structure for Zone 2 of County Water District No. 1:

Land Classification Zone 2 Hamlet Conesus

Improved $175 $ 47 $191

Vacant Improved $10

Unimproved $5 NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Livingston County Board of Supervisors shall cause the necessary notice to be published in the official newspapers, and be it further RESOLVED, that a public hearing shall be held regarding the rate structure for County Water District No. 1, Zone 2, on November 10, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room, Livingston County Government Center, Geneseo, New York. Dated at Geneseo, New York October 27, 1999 Highway & Public Works Committee

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RESOLUTION NO. 99 - 314. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY YOUTH BOARD - HAWKINS, WOODS, BROWN, KELLY RESOLVED, that the Livingston County Board of Supervisors hereby approves the appointment of the following persons to the Livingston County Youth Board to serve the term designated: NAME REPRESENTS TERM EXPIRES Ms. Nita Rae Hawkins Town of York 8/31/01 1734 Wallace Road Piffard, N.Y. 14533 replaces self

Mr. David Woods Planning 8/31/01 Livingston County Planning Department 6 Court Street, Room 305 Geneseo, N.Y. 14454 replaces self

Mr. Mark Brown Community Services 8/31/01 Livingston County Community Services 4223 Lakeville Road Geneseo, N.Y. 14454 replaces self

Mr. Larry Kelley Public Schools 8/31/01 Avon Central School 161 Clinton Street Avon, N.Y. 14414 replaces self Dated at Geneseo, New York October 27, 1999 Intergovernmental Affairs Committee

RESOLUTION NO. 99 - 315. REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD RESOLVED, that the following persons are hereby reappointed to the Livingston County Agricultural and Farmland Protection Board for a term to expire June 1, 2003. Active Farmers Dick Anderson, Agar Road, Avon, NY 14414 Donald Walker, 7570 Walker Road, Wayland, NY 14572 Dated at Geneseo, New York October 27, 1999 Legislative & Agricultural Affairs Committee

RESOLUTION NO. 99 - 316. APPOINTING MEMBER TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD - SZCZESNIAK RESOLVED, that the following person is hereby appointed to the Livingston County Traffic Safety Board for the term designated: NAME AND REPRESENTATION TERM EXPIRATION 222

Major James Szczesniak, 6850 Dugway Road, Conesus, NY 14435 12/31/99 Livingston County Sheriff=s Department (Filling the unexpired term of Sgt. Chris Smith) Dated at Geneseo, New York October 27, 1999 Public Safety & Criminal Justice Committee

PREFERRED AGENDA VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda. Motion made by Mr. Layland and seconded by Mr. Daley to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 317. AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, HIGHWAY, PROBATION, PUBLIC HEALTH, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York October 27, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 318. AUTHORIZING CHAIRMAN TO SIGN 1999 SMALL CITIES GRANT CONTRACT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Chairman of this Board of Supervisors is hereby authorized, subject to review by the County Attorney and County Administrator, to sign a grant contract with the U.S. Department of Housing and Urban Development in an amount not to exceed $453,850. Said 1999 Small Cities grant has been approved by HUD to Livingston County for the provision of technical and financial assistance services to micro business enterprises. Dated at Geneseo, New York October 27, 1999 Finance & Administration Committee The County Administrator explained that at the 8/25/99 Board meeting he announced that the grant was approved and this is the contract in order to receive the money. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 -319. CORRECTING TAX ROLL - TOWN OF LIVONIA Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to one (3) application for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Town of Livonia on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further 223

RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions 1. 1999 LIVONIA Liv. Co. Water District 10.00 0.00(Void) 0.00 10.00 STATE OF NEW YORK Livingston Co. Penalties 1.20 0.00(Void) 0.00 1.20 Tax Map Number Livingston Co. Advertising 8.50 0.00(Void) 0.00 8.50 65.63-1-26.1 T. of Livonia 2nd Notice fee 2.00 0.00(Void) 0.00 2.00 Total $21.70 $0.00(Void) $0.00 $21.70 2. 1999 LIVONIA Liv. Co. Water District 10.00 0.00(Void) 0.00 10.00 STATE OF NEW YORK Livingston Co. Penalties 1.20 0.00(Void) 0.00 1.20 Tax Map Number Livingston Co. Advertising 8.50 0.00(Void) 0.00 8.50 65.63-1-59 T. of Livonia 2nd Notice fee 2.00 0.00(Void) 0.00 2.00 Total $21.70 $0.00(Void) $0.00 $21.70 3. 1999 LIVONIA Liv. Co. Water District 47.00 0.00(Void) 0.00 47.00 STATE OF NEW YORK Livingston Co. Penalties 4.90 0.00(Void) 0.00 4.90 Tax Map Number Livingston Co. Advertising 8.50 0.00(Void) 0.00 8.50 75.11-1-15 T. of Livonia 2nd Notice fee 2.00 0.00(Void) 0.00 2.00 Total $62.40 $0.00(Void) $0.00 $62.40 Dated at Geneseo, New York October 27, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99- 320. AUTHORIZING DIRECTOR TO ADD TAXES ON 2000 VARIOUS TOWN TAX ROLLS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Assessors of the various Towns of the County of Livingston pursuant to Section 520 of the Real Property Tax Law have assessed and subjected to taxation, certain properties which had been exempt; now therefore, be it RESOLVED, that the Director of Real Property Tax Services is hereby authorized to add to the 2000 various town tax rolls, the following taxes as provided by the town assessors as listed on his report attached hereto:

OWNER & PARCEL TOWN ROLL ADDITIONAL AMOUNT TOTAL TO BE LEVIED PER TOWN PIERCE, William W. & Rhonda A. Avon Town $ 81.30 50 River Road, Avon, NY 14414 County $ 295.09 Tax Map Number 34.05-1-18, SWIS Code 242001 Total $ 376.39 (prior owner: Robert & Valerie Taber) THOMAS,George W. Avon Town $ 35.71 c/o Island Mortgage Network County $ 128.90 520 Broodhollow Road, Melville, NY ll747 Total $ 164.61 Tax Map Number 34.05-1-41, SWIS Code 242001 (prior owner: Estate of John Snyder) STRAIGHT, Douglas A. & Maureen K. Avon Town $ 237.37 2075 Sackett Road, Avon, NY 14414 County $ 852.22 Tax Map Number 34.10-1-29, SWIS Code 242001 Total $ 1089.59 (prior owner: Second Society of the Methodist Church of Avon) SHEEHAN, Nicole M. Avon Town $ 45.26 224

150 Temple Street, Avon, NY 14414 County $ 172.20 Tax Map Number 34.10-3-43, SWIS Code 242001 Total $ 217.46 (prior owner: Estate of June H. Amond) CORCORAN, James J. & Rebecah S. Avon Town $ 60.22 160 Clinton St., Avon, NY 14414 County $ 229.12 Tax Map Number 34.11-1-3, SWIS Code 242001 Total $ 289.34 (prior owner: Estate of Agnes L. Miller) LEBERMAN, P. Russell & Heidi L. Avon Town $ 74.88 83 Lacy St., Avon, NY 14414 County $ 263.38 Tax Map Number 34.11-1-5, SWIS Code 242001 Total $ 338.26 (prior owner: Mrs. Howard P. (Faith) McNinch) CONLON, Robert M. & HALL, Julie A. Avon Town $ 168.10 331 Genesee Street, Avon, NY 14414 County $ 606.88 Tax Map Number 34.14-1-21, SWIS Code 242001 Total $ 774.98 (prior owner: Glady M. Browne) 242

REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 10, 1999 1:30 P.M. The Board met pursuant to adjournment.

The roll was called showing all members present.

The Pledge of Allegiance.

MINUTES Minutes of 10/27/99 Regular Board Meeting were approved as presented.

PUBLIC HEARINGS - 1:35 P.M. The Public Hearings to receive comments on: 1. Proposed Establishment of Rates for County Water District No. 1, Zone 2, Hamlet of Conesus. 2. Renewal and Modification of Agricultural District #2, #3, #4 were called in accordance with the notices published in the official newspapers.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. No one from the public wished to speak.

David Woods, Planning Director, explained the renewal and modification process of the Agricultural Districts.

Supervisor Bassage, Town of Lima, questioned whether there was an answer as to why there is more acreage included in the agricultural districts during this renewal process. D. Woods responded that the County has provided a greater awareness of the renewal process coupled with the land owners being knowledgeable of the process.

Catherine Muscarella, Public Works Director, explained that a public informational meeting was held October 28, 1999 and the residents were informed of the proposed rate for 1999 and future years.

The Chairman stated that the Public Hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Intercounty Association of Western New York meeting notice, November 18, 1999, 9:30 a.m., Four Points Sheraton, Dunkirk, NY PROGRAM: Comprehensive Performance Partnership; New Governance for a New Millennium, Chautauqua County Executive Mark W. Thomas 2. Letter to the County Administrator from Blue Cross Blue Shield of Rochester dated October 26, 1999 regarding the recent rise in health care costs 3. Orleans County Legislature Res. No. 393-1099 Creating GLOW Workforce Investment Board 4. Notice of Claim in the matter of Christina Hustings, Individually and as the Natural parent and Guardian of Andrew Michael Hustings an infant, and Andrew Michael Hustings, an Infant versus the County of Livingston and various individuals. 5. Livingston County Council on Alcoholism & Substance Abuse Open House, November 12, 1999, 2:00 p.m. - 4:00 p.m, 30 Commercial Street, Livonia, NY. 6. The Budget Workshop for the 2000 Livingston County Budget will be held Tuesday, November 16, 1999 at 10:30 a.m. in the Board of Supervisors= Assembly Room. All Supervisors are encouraged to attend. 243

7. Letter from Genesee Valley BOCES District Superintendent, Beverly Ouderkirk regarding the Amendment to the Livingston County Sales and Use Tax.

INTRODUCTION OF RESOLUTION

RESOLUTION NO. 99 - 331. INCREASING MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW WHEREAS, the County of Livingston, by Res. No. 98-411 set $13,000.00 as the maximum income eligibility for tax exemption under section 467 of the Real Property Tax Law and by resolution 94-339 adopted the income eligibility sliding scale set forth under section 467(b)(1) and (b)(2) of the Real Property Tax Law for incomes above the maximum income eligibility; now therefore be it RESOLVED, that the amount of income to determine eligibility for tax exemption under section 467 of the Real Property Tax Law is increased to $13,500.00 and it is further RESOLVED, that the income eligibility sliding scale set forth under section 467 (b)(1), (b)(2), and (b)(3) of the Real Property Tax Law shall continue for property owners exceeding the $13,500.00 income eligibility level, and it is further RESOLVED, that this increase shall be effective with the 2000 assessment roll. Dated at Geneseo, New York November 10, 1999 (Introduced) Finance & Administration Committee

INTRODUCTION OF LOCAL LAW

LOCAL LAW NO. (H) OF THE YEAR 1999 - A LOCAL LAW AMENDING LOCAL LAW NO. 2 1998 - INCREASING THE MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION FROM REAL PROPERTY TAXES TO PERSONS WITH DISABILITIES WHO HAVE LIMITED INCOME.

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS:

Section 1. Section 3 of Local Law No. 2 - 1998 entitled ΑA Local Law Providing a Partial Exemption From Real Property Taxes to Persons with Disabilities Who Have Limited Income≅ is amended to read as follows: Section 3. To be eligible for the exemption authorized by Real Property Tax Law ∋459-c and implemented by this Local Law, the maximum income of such person shall not exceed $13,500.00. Any such person having a higher income shall be eligible for an exemption in accordance with the following schedule: PERCENTAGE ASSESSED ANNUAL INCOME VALUATION EXEMPT FROM TAXATION More than $13,500.00 but less than $14,500.00 45 per centum $14,500.00 or more but less than $15,500.00 40 per centum $15,500.00 or more but less than $16,500.00 35 per centum $16,500.00 or more but less than $17,400.00 30 per centum $17,400.00 or more but less than $18,300.00 25 per centum $18,300.00 or more but less than $19,200.00 20 per centum $19,200.00 or more but less than $20,100.00 15 per centum $20,100.00 or more but less than $21,000.00 10 per centum $21,000.00 or more but less than $21,900.00 5 per centum Section 2. 244

This Local Law shall take affect immediately upon its filing in the Office of the Secretary of State. Dated at Geneseo, New York November 10, 1999 (Introduced)

RESOLUTION NO. 99 - 332 ABSTRACT OF CLAIMS #11A - NOVEMBER 10, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11A dated November 10, 1999 in the total amount of $1,455,556.25. Dated at Geneseo, New York October 27, 1999 Finance & administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR 1. Beverly Ouderkirk, Genesee Valley BOCES District Superintendent, presented a statement asking the Board of Supervisors to delay a vote on Amending the Livingston County Sales and Use Tax resolution that will be presented later in the meeting and to schedule a meeting with the School Superintendents to have an open dialogue on this matter.

PREFERRED AGENDA

RESOLUTION NO. 99 - 333. PROVIDING FOR PUBLIC HEARING ON PROPOSED LIVINGSTON COUNTY BUDGET FOR 2000 PURSUANT TO SECTION 359 OF THE COUNTY LAW RESOLVED, that the Livingston County Board of Supervisors, pursuant to Section 359 of the County Law, will hold a public hearing on the proposed Livingston County Budget for the fiscal year 2000 at 1:35 p.m. in the afternoon and also at 7:00 p.m. in the evening on Wednesday, November 24, 1999 in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York and be it further RESOLVED, that the Clerk of the Board will cause a Notice of Public Hearing to be published in the official newspapers of the County in a manner required by Section 359 of the County Law. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 334. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. G 1999 WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on October 27, 1999, a proposed Local Law entitled Local Law G 1999, the Livingston County Hotel and Motel Room Occupancy Tax Law, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 24th day of November, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice shall be given by posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee

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RESOLUTION NO. 99 - 335. PROVIDING FOR PUBLIC HEARING IN ORDER TO INCREASE MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW WHEREAS, Section 467 of the Real Property Tax Law requires a public hearing prior to the passage of any resolution changing the income eligibility for tax exemptions under Section 467, and WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on November 10, 1999, a proposed resolution entitled Increasing Maximum Income Eligibility for Tax Exemption Pursuant to Section 467 of the Real Property Tax Law, now, be it hereby RESOLVED, that a public hearing shall be held by this Board on the 24th day of November, 1999 at 1:35 P.M. in the Board of Supervisors Assembly Room in the Livingston County Government Center, in the Village of Geneseo, New York, and at least six (6) days notice of such hearing shall be given by the Clerk of the Board by due posting thereof on the bulletin board of the Livingston County Government Center, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 336. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. H 1999 LOCAL LAW AMENDING LOCAL LAW NO. 2 1998 INCREASING THE MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION FROM REAL PROPERTY TAXES TO PERSONS WITH DISABILITIES WHO HAVE LIMITED INCOME WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on November 10, 1999, a proposed Local Law entitled Local Law No. H 1999 Local Law Amending Local Law No. 2 1998 Increasing the Maximum Income Eligibility for the Exemption From Real Property Taxes To Persons With Disabilities Who Have Limited Income, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 24th day of November, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 337. PROCLAIMING THE WEEK OF NOVEMBER 14-20, 1999 AS NATIONAL HOME CARE AIDE WEEK WHEREAS, Home Care Aides are a vital link in the Center for Patient Services of the Livingston County Department of Health in providing daily skilled in-home health care services for our community, and WHEREAS, the National Home Care Aide Week Theme is ΑHonoring Home Care Aides: Caring from the Heart≅, now therefore, be it RESOLVED, that the Livingston County Board of Supervisors recognizes the contributions of the Livingston County Home Care Aides and proclaims the week of November 14-20, 1999 as National Home Care Aide Week. Dated at Geneseo, New York November 10, 1999 Health Committee

RESOLUTION NO. 99 - 338. PROCLAIMING NOVEMBER NATIONAL HOSPICE MONTH WHEREAS, it is a goal of the Hospice Staff of the Livingston County Department of Health to promote 246 improved quality of life for their patients, and WHEREAS, the National Hospice Month theme is ΑHospice: Exceptional Care for the People You Love≅, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors recognizes the contributions of the Livingston County Department of Health=s Hospice Staff, and does hereby proclaim November 1999 as National Hospice Month. Dated at Geneseo, New York November 10, 1999 Health Committee

RESOLUTION NO. 99 - 339. PROCLAIMING NOVEMBER NATIONAL HOME CARE MONTH WHEREAS, the Center for Patient Services, a vital link of the Livingston County Department of Health, provides daily skilled in-home health care services in order to promote a return to independent healthy living for our community and strives to improve quality of life for the community, and WHEREAS, the National Home Care Month Theme is ΑHome Care: The Spirit of Health Care in the 21st Century≅, now therefore, be it RESOLVED, that the Livingston County Board of Supervisors does hereby proclaims November 1999 as National Home Care Month. Dated at Geneseo, New York November 10, 1999 Health Committee

PREFERRED AGENDA VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda. Motion made by Mr. Layland and seconded by Mr. Kramer to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 -340. AUTHORIZING TRANSFER OF FUNDS - APPROPRIATED FUND BALANCE, CENTRAL STOREROOM, MACHINERY FUND, OFFICE FOR THE AGING, PUBLIC HEALTH, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 341. AMENDING LIVINGSTON COUNTY SALES AND USE TAX Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that Section 14 of the Livingston County Sales and Use Tax, as passed by Resolution No. 67- 190 and as amended by Resolutions No. 74-22 and No. 92-290 are hereby revoked, and it is further, RESOLVED, that a new Section 14 of the Livingston County Sales and Use Tax be and the same is hereby enacted as follows: SECTION 14. Disposition of revenues. 247

I. Net collections distributed to the County by the State Tax Commission pursuant to subdivision (a) of section 1262 of the Tax Law of the State of New York shall be disposed of as follows: (A) Six and two-third percent (6β%) shall be allocated quarterly to the entire area of the county and shall be applied first to reduce county taxes levied upon real property in the several towns in such area. Any balance remaining shall then be applied to reduce general town taxes levied upon real property in such area. Any town, by local law, ordinance or resolution, however, may provide that the amounts which would be so applied to reduce the county taxes and general town taxes levied upon real property in such town shall be paid directly to such town to be used for any town purpose. If any village, by local law, ordinance or resolution shall so provide, the amounts which would be so applied to reduce the county and general town taxes levied upon real property in such village shall be paid directly to such village in lieu of such tax reduction. Where any village has elected to be paid directly as provided in this subdivision, the amount to be paid to such village shall be determined by the ratio that the full valuation of real property in the village or portion thereof within the town in which such village is located bears to the full valuation of real property in the entire town. If a village wholly or partially within a town has so elected to be paid directly, but the town in which such village is located has not so elected, the amount allocated to the town in which such village is wholly or partially situated shall be applied to reduce county taxes and general town taxes in the area of the town outside such village. If the amount allocated to a town exceeds the amount of the county taxes and general town taxes levied upon real property in the town, the excess shall be apportioned between the town and each village, if any, wholly or partially situated therein, in the ratios that the full valuation of real property in each such village or portion thereof within the town, and the full valuation of real property in the portion of the town outside of such village or villages, respectively, bear to the aggregate full valuation of the entire town. The share of each such village shall be paid directly to such village. The share of the town shall be applied, first, to reduce taxes levied for part-town activities, and any balance remaining shall be paid directly to the town, to be used only for part-town activities. Fifty percent (50%) of the amount to be applied in reduction of county taxes and general town taxes in each town shall be determined on the basis of the ratio which the full valuation of real property on each town bears to the aggregate full valuation of real property in all of the towns in such county. The remaining fifty percent (50%) of the amount to be applied in reduction of county taxes and general town taxes in each town shall be determined on the basis of the respective populations of the several towns in such county, determined in accordance with the latest federal census or special population census taken pursuant to section twenty of the general municipal law, completed and published prior to the end of the quarter for which the allocation is made, which special census must include the entire area of the county. Any local law, ordinance or resolution enacted by a town or village pursuant to this subdivision shall only be effective for the calendar year or years subsequent to its enactment and, further, shall only be effective if it is mailed by registered or certified mail to the chief fiscal officer of the county before the first day of September preceding the calendar year for which the election is made by such local law, ordinance or resolution. Such local law, ordinance or resolution shall remain in effect for subsequent calendar years until rescinded by local law, ordinance or resolution, but the enactment shall rescind the election only if it is mailed in the same manner already provided for in this subdivision, to the chief fiscal officer of the county before the first day of September preceding the calendar year for which the rescission is to apply. (B) The following amounts are hereby set aside for education purposes to be distributed and paid to the several school districts in accordance with the total average daily attendance for the last preceding school year of pupils residing in each such district (without regard to the location of the school attended), provided, however, that in the case of school districts which are partially within and partially without the County, the distribution shall be made to each such school district in accordance with the total average daily attendance of the pupils in such school district who reside in the county and in any such case, the amount to be raised by school taxes by the district from the portions of such district within the County shall be reduced by the amount so distributed. 248

1. For the school year ending June 30, 2000 the sum of $3,332,658.00 to be paid in three equal installments after the Sales Tax quarters ending December 31, 1999; March 31, 2000 and June 30, 2000; ii. For the school year ending June 30, 2001 the sum of $2,221,772.00 to be paid in two equal installments after the Sales Tax quarters ending March 31, 2001 and June 30, 2001; iii. For the school year ending June 30, 2002 the sum of $1,110,886.00 to be paid in one installment after the Sales Tax quarter ending June 30, 2002; iv. For the school years ending after June 30, 2002 no distributions will be to any school districts. (C) The remainder of such monies shall be set aside for County purposes and shall be available for any County purpose. I1. As used in this section, the following terms shall mean or include: (1) Net collections. The monies collected from a tax or taxes imposed pursuant to this resolution, after deducting therefrom expenses of administration and costs and amounts refunded or to be refunded. (2) General town taxes. Taxes levied for any town purpose, including highways, upon the entire area of a town. (3) Full valuation of real property. The assessed valuation of real property divided by the equalization rate as determined by the Board of Supervisors or commissioners of equalization of the county. (4) Part-town activities. Activities of town government, including highway programs, which are chargeable to the area of the town outside of villages, exclusive of special district purposes. RESOLVED, that this resolution shall take effect immediately. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee County Administrator Dominic Mazza read a letter (on file) to the Board of Supervisors dated November 10, 1999. The County Administrator explained the impact of the cost shifts from the recent State Budget, the increases in State aid to local school districts, the impact of the STAR program and the ever-increasing mandate for the costs of pre- school education and other education related programs. The County Administrator explained that in order to achieve responsible tax practices and revenue equity, the Finance and Administration Committee is recommending the elimination of sales tax sharing with Livingston County school districts over a three-year period.

Supervisor Daley, Town of Avon, stated that he strongly supports the schools, but he realizes that the County must face financial realities and fully supports the resolution.

Supervisor Essler, Town of Nunda, stated that he has been Chairman of the Finance Committee in the past and has been involved in making some hard decisions in order to keep the tax rate level. Mr. Essler stated that this decision to eliminate the sales tax from the school districts was thought out thoroughly and is a good sound management decision, and he supports the recommendation of the Finance and Administration Committee.

Supervisor Moore, Town of Leicester, stated that throughout his tenure, he has been involved in several building projects and trying to maintain status quo has been a challenge and would support this resolution.

Supervisor Marks, Town of Sparta, stated that he understands this is an extremely difficult decision, however, the Board must do something in order to keep costs down and to stay in the competitive market in order to maintain professional staff, and he stated he would support this resolution.

Supervisor Layland, Town of Caledonia, stated that the pre-school handicap program has increased in cost over 100%, and the County must take care of its employees. Mr. Layland stated that he did not think the tobacco money should be used to balance the cost shifts but should be used for health related conditions. Mr. Layland stated he is in favor of the resolution. 249

The roll was called as follows: Ayes - 1,736; Noes - 78; Absent - 0; Adopted.

RESOLUTION NO. 99 - 342. AUTHORIZING AN OPERATING SUBSIDY FOR MERCY FLIGHT CENTRAL, INC. Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Mercy Flight Central, Inc. is seeking an appropriation from Livingston County to help assure that services remain available to all in need of emergency transport in Livingston County, and WHEREAS, the Finance & Administration Committee and the Health Committee have reviewed this request, it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby authorizes an operating subsidy in the amount of Ten Thousand Dollars ($10,000.00) for the year 1999, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to enter into a contractual agreement with Mercy Flight Central, Inc. for the provision of these services, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 343. APPROVING A PROFESSIONAL SERVICES CONTRACT WITH Q PUBLISHING FOR THE PUBLISHING, PRINTING, EDITING AND MARKETING OF A 100-YEAR PICTORIAL HISTORY BOOK OF LIVINGSTON COUNTY Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors previously adopted Res. No. 98-444 entitled Establishing a Livingston County Millennium Committee to Recommend and Assist the Millennium Celebration in Livingston County, and WHEREAS, it has been determined that a primary function of the Millennium Committee will be the publishing of a 100-year pictorial history book of Livingston County, and WHEREAS, the Millennium Committee has reviewed and determined several options for the publishing, printing, editing, and marketing of said book, and WHEREAS, the Millennium Committee has recommended after the review of several proposals, that Q Publishing of 117 Gillette Court Franklin, Virginia 23851 provide the professional services required for the successful production of 3,000 books, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Q Publishing for the publishing, printing, editing and marketing of said book at a base price of $10.18 per book, total project not to exceed Thirty Six Thousand Six Hundred Forty-Eight Dollars ($36,648.00), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 344. AUTHORIZING CONTRACT WITH ARC CHILDREN===S SERVICES TO PROVIDE EDUCATION SERVICES AND PROGRAMS FOR 3-5 YEAR OLD CHILDREN WITH DISABILITIES IN LIVINGSTON COUNTY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign 250 a contract with ARC Children=s Services, Holcomb Building, Geneseo, New York to provide education services and programs for 3-5 year old children with disabilities in Livingston County for a term commencing September 1, 1999 through June 30, 2001 and payments will be made in accordance with the contract, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 345. ADOPTING LIVINGSTON COUNTY COMPUTER USE POLICY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors adopts the attached Livingston County Computer Use Policy, to be effective immediately upon adoption of this resolution.

LIVINGSTON COUNTY COMPUTER USE POLICY

PURPOSE: The purpose of this policy is to establish guidelines for the use of County computer equipment and software with the goal of insuring that such equipment and software are used in an appropriate and professional manner.

POLICY:

1. Use of Computer Equipment and Software. Computer equipment and software shall only be used for proper purposes as described herein. All improper uses of such equipment and software are prohibited. Employees who engage in the improper use of computer equipment and software shall be subject to discipline which may involve termination of employment.

a. Proper- Computer equipment and software may be used to enable an employee to carry out his/her job duties and for the furtherance of County business.

b. Improper- Computer equipment and software may not be used for any reason unrelated to County business, including, but not limited to:

- personal use; - accessing and/or attempting to access information contained on County computers without proper authorization; - performing any action which has the purpose or effect of disrupting County business; - performing any action which has the purpose or effect of harassing another person; - creating or distributing materials that are discriminatory or offensive; - violating any Federal, State, Local law or regulation or violating any County work rule or policy; - creating, accessing or distributing pornographic or sexually explicit materials; - engaging in any other behavior which would be considered unprofessional and inappropriate in the workplace by a reasonably prudent person.

In addition, improper use shall include the installation, connection or modification of any computer hardware, software or computer devices on County computer equipment without the express, written authorization from the Director of Livingston County Information and Technology Services (ΑITS≅). 251

2. Installation of Hardware and Software. Any employee with a request to have County business related computer hardware or software installed on or connected to County computer equipment must direct this request to his/her Department Head. If the Department Head approves the request, the Department Head must contact ITS to request installation or connection. All installations and connections shall be performed by ITS unless express, written authorization is given to another person to make an installation or connection.

3. Record Retention Requirements. Employees who create E-mails or other computer documents which involve:

- policies and directives, - correspondence or memoranda related to official business, - work schedules and assignments, - agendas and minutes of meetings, - drafts of documents that are circulated for comment or approval, - any document that initiates, authorizes, or completes a business transaction, - final reports or recommendations, and - any other document which is subject to record retention requirements

must retain such documents pursuant to record retention requirements. Such documents should be retained by printing off a hard copy of the document and retaining this document as required. Documents should not be retained on a computer for more than six months unless there is a reasonable expectation that the user will need computer access to such documents in the future.

4. Monitoring Use. No employee should have an expectation of privacy in his/her use of computer equipment or software. Employee use of computer equipment and software may be monitored by the County in its discretion.

5. Further Information. Any employee who needs further information regarding the proper and improper uses of computer equipment and software should contact the Director of ITS at 243-7191.

6. Modifications to Policy. The County reserves the right to modify this policy at any time.

DEFINITIONS:

ΑComputer equipment and software≅ as used herein means County owned computer equipment (including, but not limited to, personal computers, laptops, hand held devices and any peripheral devices), software provided by the County, E-mail systems provided by the County, Internet services provided by the County, and any other equipment or software related to County computer use which are made available to employees by the County. Software also includes any County business related software: licensed to the County from third parties, obtained from other agencies (State, Federal, etc.), and downloaded from the Internet.

Α County business≅ as used herein means the areas of service which the County provides to the public pursuant to the directives of the Federal Government, State Government, Livingston County Board of Supervisors, and/or the County Administrator.

ΑHard copy≅ as used herein means a tangible, written document. When a computer document has been printed, the result is the Αhard copy.≅ 252

ΑJob duties≅ as used herein means the responsibilities of an employee relating to his/her work for Livingston County.

EFFECTIVE DATE: This policy shall be effective immediately.

Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 346. AUTHORIZING THE COUNTY TREASURER TO INCREASE CAPITAL PROJECTS INFRASTRUCTURE ACCOUNT AND REMIT PAYMENT TO THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors does hereby authorize the County Treasurer to increase Capital Projects H689.2900 Infrastructure Projects in the amount of $250,000.00 from H689.5031 Transfer from the General Fund Economic and Infrastructure reserve, and be it further RESOLVED, that the Livingston County Board of Supervisors hereby authorizes and directs the County Treasurer to remit to the Livingston County Water and Sewer Authority $500,000 representing the County=s share of public water and sewer improvements for the American Rock Salt Mine project and the Livingston County Hampton Corners Highway Facility, upon execution of a repayment agreement which will be subject to the approval of the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 347. APPROVING APPORTIONMENT OF MORTGAGE TAX RECEIPTS FOR PERIOD OF 4/1/99 - 9/30/99 Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Finance & Administration Committee submits the following report on Apportionment of the Mortgage Tax receipts for the period April 1, 1999 through September 30,1999, among the several Towns and Villages of the County, it is hereby RESOLVED, that the County Treasurer be and hereby is directed to pay to the various municipalities the amount set forth herein: TAX DISTRICT AMOUNT DISTRIBUTED DISTRIBUTED TO TOWNS TO VILLAGES

AVON 55,423.28 43,243.42 12,179.86 CALEDONIA 41,863.50 32,588.56 9,274.94 CONESUS 24,097.14 24,097.14 GENESEO 55,669.04 42,593.69 13,075.35 GROVELAND 6,699.73 6,699.73 LEICESTER 12,345.80 11,220.01 1,125.79 LIMA 54,685.35 44,631.37 10,053.98 LIVONIA 68,610.96 63,879.48 4,731.48 MT. MORRIS 22,650.47 15,966.64 6,683.83 253

NORTH DANSVILLE 38,275.46 23,717.37 14,558.09 NUNDA 17,177.54 14,136.12 3,041.42 OSSIAN 6,981.03 6,981.03 PORTAGE 6,738.13 6,738.13 254

SPARTA 11,491.06 11,491.06 SPRINGWATER 16,742.37 16,742.37 WEST SPARTA 5,544.90 5,544.90 YORK 15,180.00 15,180.00

$460,175.76 $385,451.02 $74,724.74 Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 348. PROVIDING FOR LEVY OF ERRONEOUS TAXES TO BE CHARGED TO TOWNS Mr. Derrenbacher presented the following resolution and moved its adoption: The following is a list of items shown on the records of the County Treasurer as having been charged to the following Towns due to erroneous assessments, errors in the levy of the budget or similar items: TOWN CHARGEBACK AVON 1,209.50 CALEDONIA 385.35 CONESUS 958.61 GENESEO 420.01 GROVELAND 583.53 LEICESTER 489.32 LIMA 1,102.24 LIVONIA 1,801.43 MT. MORRIS 216.17 NORTH DANSVILLE -193.18 NUNDA 362.91 OSSIAN .11 PORTAGE 432.71 SPARTA -.09 SPRINGWATER -.02 WEST SPARTA .32 YORK 975.40 Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 349. APPROVING ESTIMATED 2000 SALES TAX DISTRIBUTION Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the list below of 2000 Sales Tax Distribution be, and the same hereby is, approved;

2000 SALES TAX ESTIMATE CREDITS TOWN SALES TAX CREDIT AVON 50,000.00 CALEDONIA 34,000.00 CONESUS 36,000.00 GENESEO 60,000.00 255

GROVELAND 36,000.00 LEICESTER 23,000.00 LIMA 36,000.00 LIVONIA 94,000.00 MT. MORRIS 0.00 NORTH DANSVILLE 17,000.00 NUNDA 0.00 OSSIAN 10,000.00 PORTAGE 9,000.00 SPARTA 0.00 SPRINGWATER 32,000.00 WEST SPARTA 14,000.00 YORK 49,000.00

TOTAL $500,000.00 Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 350. AUTHORIZING ASSESSMENT ROLL FOOTINGS FOR 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Finance and Administration Committee has verified and corrected the footings of the Assessment Rolls referred to it, as made by the Assessors for each tax district: Refer to the next four pages and, WHEREAS, the Finance and Administration Committee recommends to adopt the Assessment Roll Footings for 1999, it is hereby RESOLVED, that the report be accepted and that the several amounts herein be adopted by the Livingston County Board of Supervisors as the basis for the tax levies to be made thereof, and that the totals of the real property herein specified by adopted as the basis of equalization of this Board. Dated at Geneseo, New York November 10, 1999 Finance and Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 351. ESTABLISHING RATIOS FOR THE YEAR 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: The Committee on Finance and Administration presents the following equalization ratios for each township of the County for the apportionment of the 2000 County Tax Levy. Avon 100.00 North Dansville 100.00 Caledonia 100.00 Nunda 100.00 Conesus 100.00 Ossian 100.00 Geneseo 100.00 Portage 100.00 Groveland 100.00 Sparta 100.00 Leicester 100.00 Springwater 100.00 Lima 100.00 West Sparta 84.05 Livonia 100.00 York 100.00 Mount Morris 100.00

256

Weighted County Average 99.70 Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 352. AUTHORIZING DIRECTOR TO APPLY CORRECTIONS FOR TAXES ON 2000 VARIOUS TOWN TAX ROLLS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has attached seventeen (17) applications and recommendations to correct the various 1999-2000 School Tax Rolls (Real Property Tax Law Sections 554, 556, and 733). The following corrections are hereby recommended for the 2000 Tax Rolls for the various towns in Livingston County, RESOLVED, that the Director of Real Property Tax Services is authorized to apply these corrections to the 2000 Tax Rolls. 1. Town of Avon John J. & Kristen A.F. Arnold Tax Map Number 45.-1-33.113 Reason for correction: Due to a clerical error, the taxable assessed value was erroneously listed at $234,500 instead of $159,400. The taxable assessed value should be corrected from $234,500 to $159,400. 2. Town of Caledonia Patricia Wolinsky Tax Map Number 8.-1-28 Reason for correction: This parcel should have received a $35,000 (40%) disability exemption. This exemption should be applied which will correct the taxable assessed value from $87,500 to $52,500 for town and county purposes. 3. Town of Caledonia Joyce C. Watt Tax Map Number 12.-1-4.224 Reason for correction: This parcel should have received a $32,550 (50%) disability exemption. This exemption should be applied which will correct the taxable assessed value from $65,100 to $32,550 for town and county purposes. 4. Town of Caledonia M. Joseph & Maree M. Klingensmith Tax Map Number 21.-1-30.2 Reason for correction: This parcel was erroneously granted an agricultural land exemption. This exemption should be removed which will correct the taxable assessed value from $0 to $78,000. 5. Town of Conesus Richard C. & Linda M. Engelbrecht Tax Map Number 110.39-1-22 Reason for correction: Due to a clerical error, the taxable assessed value for this parcel was erroneously listed as $135,600 instead of $96,200. The taxable assessed value should be corrected from $135,600 to $96,200. 6. Town of Conesus David E. & Roslyn T. Surdej Tax Map Number 110.55-1-54 Reason for correction: The 1999 Conesus Board of Assessment Review lowered the value of this parcel from $21,200 to $12,100. The taxable assessed value should be corrected from $21,200 to $12,100. 7. Town of Conesus Eric & Christine Maxwell Tax Map Number 119.-1-40.2 Reason for correction: The property owners contested the assessed value of this property at a small claims hearing. The taxable assessed value was lowered from $43,700 to $23,500. 8. Town of Conesus Elnora Ernst Tax Map Number 129.-1-45.11 Reason for correction: Due to an error in essential fact, the taxable assessed value of this parcel includes the value of improvements that do not exist. The taxable assessed value should be corrected from $46,200 to 257

$23,400. 9. Town of Groveland Joan Magee Life Estate Tax Map Number 127.-1-22.111 Reason for correction: This parcel should have received a 10% senior citizen=s exemption. The exemption should be applied which will correct the taxable assessed value from $66,075 to $59,467 for town and county purposes. 10. Town of Lima Clark A. Goetzman Tax Map Number 58.-1-11.11 Reason for correction: Due to a clerical error, this parcel did not receive a valid agricultural land exemption. This exemption ($66,677) should be applied which will correct the taxable assessed value from $138,200 to $71,523. 11. Town of Livonia Ruth Tucker Tax Map Number 92.-1-7 Reason for correction: Due to a clerical error, the taxable assessed value is erroneously listed at $29,000 instead of $9,900. The taxable assessed value should be corrected from $29,000 to $9,900. 12. Town of North Dansville Barbara R. Weirich Tax Map Number 189.15-1-1 Reason for correction: The property owner contested the assessment of this parcel at a small claims hearing. The assessment was lowered from $78,000 to $69,000. 13. Town of North Dansville Mrs. Claribel Easton Tax Map Number 203.6-2-29 Reason for correction: Due to a clerical error, this parcel did not receive a valid 15% senior citizens exemption. The exemption should be applied which will correct the taxable assessed value from $61,600 to $52,360. 14. Town of North Dansville Mary Fenti Tax Map Number 203.6-2-58 Reason for correction: Due to a clerical error, this parcel did not receive a valid 45% senior citizens exemption. The exemption should be applied which will correct the taxable assessed value from $1,980 to $1,089. 15. Town of North Dansville John J. McKelvey, III Tax Map Number 203.7-4-2 Reason for correction: The property owner contested the assessment of this parcel at a small claims hearing. The assessment was lowered from $55,000 to $51,000. 16. Town of North Dansville Daniel J. & Laurie A. Stone Tax Map Number 214.-1-44.42 Reason for correction: Due to an error in essential fact, the assessment of this parcel does not include the value of an improvement that exists on this parcel. The taxable assessed value should be corrected from $15,900 to $56,100. 17. Town of York Abbey of the Genesee Tax Map Number 61.-1-98.1 Reason for correction: The land assessed with this parcel is also assessed with parcel 61.-1-25.111. This parcel (61.-1-98.1) should be deleted. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 353. AUTHORIZING CONVEYANCE OF COUNTY PROPERTIES ACQUIRED BY TAX DEEDS Mr. Derrenbacher presented the following resolution and moved its adoption: 258

WHEREAS, the County of Livingston has acquired title by tax deed to the following parcels of land, and WHEREAS, the Livingston County Board of Supervisors' Finance & Administration Committee has auctioned said parcels, it is hereby RESOLVED, that the following conveyances be approved:

Tax Map No. 100.-1-6.2 Town of Groveland Formerly owned by and/or assessed to: Erma J. Reeves Conveyed to: Robert Bush Amt. $150.00

Tax Map No. 136.-1-10 Town of Groveland Formerly owned by and/or assessed to: Din Derti Conveyed to: Arben Brahaj Amt. $8,000.00

Tax Map No. 78.-1-26.11 Town of Leicester Formerly owned by and/or assessed to: Bear Development Company Inc.-Integrated Waste Systems Inc. Conveyed to: Devin Richards Amt. $26,000.00 and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute the quit-claim deed of conveyances and any and all related documents prepared by the County Attorney to complete the aforesaid conveyances. Dated at Geneseo, New York November 10, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 354. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A LETTER OF AGREEMENT BETWEEN THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH AND ARCHER COMMUNICATIONS, INC. FOR PROFESSIONAL SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a Letter of Agreement between the Livingston County Department of Health and Archer Communications, Inc. of 274 North Goodman St., Rochester, for Professional Services, commencing 10/1/99 and terminating 12/31/99, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Health Committee The roll was called as follows: Ayes - 1,763; Noes - 0; Absent - Marks, 51; Adopted.

RESOLUTION NO. 99 - 355. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN EXTENSION OF THE CONTRACT RENEWAL BETWEEN THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH FOR THE GENESEE VALLEY HEALTH NETWORK Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors authorized the Chairman to sign a contract renewal with the New York State Department of Health for the Genesee Valley Health Network, pursuant to Res. No. 99-86 terminating 6/30/99, and WHEREAS, the New York State Department of Health desires to extend the contract term, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign 259 an extension of the Contract Renewal between the New York State Department of Health and the Livingston County Department of Health for the Genesee Valley Health Network, commencing on 7/1/99 through 12/31/99, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Health Committee The roll was called as follows: Ayes - 1,763; Noes - 0; Absent - Marks, 51; Adopted.

RESOLUTION NO. 99 - 356. AUTHORIZING A CONTRACT WITH DENTSERV TO PROVIDE DENTAL SERVICES TO THE RESIDENTS OF THE HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, a Request for Proposal was issued and proposals were received and reviewed by the Health Committee of the Livingston County Board of Supervisors for dental services for the residents of the Livingston County Health Care Facilities, and WHEREAS, Dentserv of 15 Canal Road, Pelham Manor, New York 10803 was determined to be the most qualified to provide the required dental services to the residents of the Livingston County Health Care Facilities, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Dentserv to provide dental services to the residents of the Livingston County Health Care Facilities for a one-year term commencing January 1, 2000 through December 31, 2000, with the option to renew the contract for two (2) additional one-year periods, at a cost not to exceed Fifty One Thousand Dollars ($51,000.00) annually, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 10, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 357. ADOPTING FINDINGS STATEMENT UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND SECTION 305(4) OF THE AGRICULTURE AND MARKETS LAW IN REGARD TO WATER TRANSMISSION MAINS AND SANITARY SEWER LINE TO BE CONSTRUCTED IN THE TOWNS OF GENESEO, GROVELAND AND MT. MORRIS Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, American Rock Salt, Inc. (ΑARS≅), has proposed to construct and operate a new underground salt mine and ancillary support facilities at Hampton Corners in the Town of Groveland (the ΑProject≅) including related water and sewer utilities to be constructed in the Towns of Geneseo, Groveland and Mt. Morris (the ΑUtilities≅); and WHEREAS, in order to provide the Utilities for the Project and to provide water and sewer service to residential and commercial areas within the County, the County will be constructing a water transmission main and sanitary sewer line from the Village of Mt. Morris eastward along NYS Route 408 and then branching south on NYS Route 63 to the Livingston County Highway Facility at Hampton Corners and north on NYS Route 63 to the site of the ARS salt mine facility for service to both residential and commercial users (ΑWater and Sewer Lines≅); and WHEREAS, ARS will depend upon the Water and Sewer Lines for its potable water supply and for sewage disposal, and WHEREAS, a Notice of Intent under Section 305(4) of the Agriculture and Markets Law was submitted to the New York State Department of Agriculture and Markets with respect to the proposed Utilities; and WHEREAS, the Department of Agriculture and Markets, by letter dated September 28, 1995, a copy of which is attached hereto as Exhibit ΑA≅ and made a part hereof, determined that the proposed Utilities Αwill not have an unreasonably adverse effect on the continuing viability of farm enterprises≅ within the relevant agricultural 260 district; and WHEREAS, pursuant to the New York State Environmental Quality Review Act, ECL Section 8-0101, et seq. (ΑSEQR≅), and implementing regulations, 6 NYCRR Part 617, an Environmental Assessment Form (ΑEAF≅) was completed to review the potential environmental impacts for the Project; and WHEREAS, the New York State Department of Environmental Conservation ( the ΑDEC≅ or the ΑDepartment≅) determined that the Project is a Type I action for SEQR purposes, coordinated review with all potential Involved Agencies, and requested to act as Lead Agency for purposes of review of the Project under SEQR; and WHEREAS, the Board of Supervisors of the County (the ΑBoard of Supervisors≅) was identified and listed as an Involved Agency, and participated in the coordinated SEQR review for this Project; and WHEREAS, the Department, acting as Lead Agency, under SEQR, issued a Positive Declaration and Notice of Intent to Prepare a Draft Environmental Impact Statement (ΑDEIS≅) for the Project on December 16, 1994; and WHEREAS, two scoping sessions were held by the Department on January 12, 1995 to solicit public input on the scope of the DEIS for the Project; and WHEREAS, the Department accepted the DEIS for the project on September 20, 1995; and WHEREAS, public hearings on the DEIS and certain applications for permits and/or certificates for the project pending before the Department were held on November 1 and 2, 1995, and written comments were accepted until November 15 1995; and WHEREAS, the Department held an Issues Conference on November 8-10, 1995 to determine whether there were any substantive and significant issues with respect to SEQR and the applications pending before the Department; and WHEREAS, in a Decision dated January 31, 1996, the Commissioner for the Department determined that there were no issues with respect to SEQR and the applications pending before the Department; and WHEREAS, a Final Environmental Impact statement (ΑFEIS≅) was prepared for the Project, and noticed as complete by a Notice of Completion dated February 27, 1996; and WHEREAS, the Department, as Lead Agency, issued an exhaustive Statement of Findings under SEQR on March 18, 1996, which Statement of Findings is attached hereto as Exhibit ΑB≅ and made a part hereof; and WHEREAS, as an Involved Agency, the Board of Supervisors must make its own findings under SEQR prior to funding, undertaking, or approving an Action; and WHEREAS, the Board of Supervisors has reviewed the DEIS, the FEIS and the documents incorporated by reference therein, the DEC Statement of Findings attached hereto as Exhibit ΑB:, as well as such other documents as the Agency felt it necessary or appropriate to examine to adequately review the proposed Action; and WHEREAS, the Board of Supervisors concurs in the DEC Statement of Findings; and WHEREAS, the requirements of 6 NYCRR Part 617 and Section 305(4) of the Agriculture and Markets Law have been met with respect to the Project; and WHEREAS, consistent with the social, economic and other essential considerations, from among the reasonable alternatives thereto, the Project minimizes or avoids adverse environmental effects to the maximum extent practicable, including effects disclosed in the environmental impact statement; and WHEREAS, consistent with social, economic, and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement will be minimized or avoided by incorporating as conditions those mitigative measures which were identified as practicable; and WHEREAS, consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impact revealed in the Notice of Intent and SEQR processes will be minimized or avoided. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Livingston County (a majority of the members thereof affirmatively concurring) that: Section 1 The Action is a Type 1 Action pursuant to SEQR. Section 2 The Board of Supervisors is an Involved Agency for environmental review pursuant to SEQR 261

Section 3 Livingston County=s jurisdiction over the Project will include (i) the construction of the Water and Sewer Lines and (ii) the financing of a portion of the cost thereof through the issuance of the County=s obligations pursuant to the New York Local Finance Law. Section 4 The Board of Supervisors adopts the DEC Statement of Findings attached hereto as Exhibit ΑB≅ as its own Statement of Findings under SEQR. Section 5 Having considered the Draft and Final EIS, and such other documents as may be necessary or appropriate, the Board of Supervisors certifies that; (a) The requirements of 6 NYCRR Part 617 have been met; (b) Consistent with the social, economic and other essential considerations, from among the reasonable alternatives thereto, the Project is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including effects disclosed in the environmental impact statement; and (c) Consistent with social, economic, and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement will be minimized or avoided by incorporating as conditions those mitigative measures which were identified as practicable. Section 6 The basis for this decision is set forth in the DEC Statement of Findings attached as Exhibit ΑB≅ hereto and incorporated by reference herein. Section 7 Having considered the Draft and Final EIS, the Notice of Intent, the September 28, 1995 determination of the department of Agriculture and Markets attached hereto as Exhibit ΑA≅, and such other documents as may be necessary or appropriate, the Board of Supervisors: (a) Certifies that the requirements of Section 305(4) of the Agriculture and Markets Law of the State of New York have been met; and (b) Certifies that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the Notice of Intent and the SEQR processes will be minimized or avoided; and (c) The basis for this decision is set forth in Exhibit ΑB≅ attached hereto, specifically, pages 24 through 26 of Exhibit ΑB≅ attached hereto and incorporated by reference herein. Section 8 This resolution shall take effect immediately. Dated at Geneseo, New York November 10, 1999 Highway and Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PUBLIC HEARINGS The Chairman asked if anyone wished to speak regarding the Public Hearings on the proposed establishment of rates for County Water District No. 1, Zone 2, Hamlet of Conesus and the Renewal and Modification of Agricultural Districts #2, 3, and #4.

County Attorney David Morris explained that the resolution approving Agricultural District #3 approves the district with the exception of tax map no. 176.-1-14 Albert McLaughlin=s property in the Town of Sparta. The parcel was removed at the request of the landowner.

The County Attorney further explained that in order to avoid another public hearing on Agricultural District #2, he reported for the record, that a parcel on Triphammer Road, Town of Geneseo, owned by Harry Pearson tax map no. 664.-1-15, 121.5 acres, may be excluded from Agricultural District #2. The parcel is in the process of being subdivided and some or all of the parcel owners may be requesting removal of their parcel from the proposed 262 district.

The Chairman declared the public hearings closed.

RESOLUTION NO. 99 - 358. CONFIRMING RATE SCHEDULE FOR LIVINGSTON COUNTY WATER DISTRICT NO. 1, ZONE 2, HAMLET OF CONESUS Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, a Public Hearing was held by the Highway and Public Works Committee and the Livingston County Board of Supervisors on November 10, 1999 regarding the proposed water rates for Livingston County Water District No. 1, Zone 2, Hamlet of Conesus, and WHEREAS, on October 20, 1999, the Highway and Public Works Committee, the Administrative Head of the District, established the following rate schedule for the Livingston County Water District No. 1, Zone 2, Hamlet of Conesus:

Land Classification Zone 2 Hamlet Conesus

Improved $175 $ 47 $191

Vacant Improved $10

Unimproved $5 now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors confirms the rate schedule established by the Highway and Public Works Committee, the Administrative Head of the District. Dated at Geneseo, New York November 10, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 359. DETERMINING NO SIGNIFICANT ENVIRONMENTAL IMPACT FOR APPROVAL OF RENEWED AND MODIFIED AGRICULTURAL DISTRICTS #2, #3, and #4. Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the Department of Agriculture & Markets, as lead agency for Agricultural Districts program, has conducted a programmatic review of the environmental effects of agricultural districting and has concluded that there is little likelihood of significant adverse impacts resulting from the formation or modification of such districts; and WHEREAS, no unique circumstances exist in Livingston County which would increase the likelihood of adverse environmental impacts from the renewal and modification of Agricultural Districts #2, #3 and #4; and WHEREAS, the NYS Department of Agriculture & Markets and the Livingston County Board of Supervisors are the only agencies required to undertake actions in this case; now therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby find the renewal and modification of Agricultural Districts #2, #3 and #4 to be an unlisted action pursuant to the State Environmental Quality Review Act; and be it further RESOLVED, that the renewal and modification of Agricultural Districts #2, #3, and #4 will not have a significant effect on the environment and therefore a Draft Environmental Impact Statement will not be prepared. Dated at Geneseo, New York November 10, 1999 263

Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 360. APPROVING RENEWAL AND MODIFICATION OF AGRICULTURAL DISTRICT #3 Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the eight-year anniversary of Agricultural District #3 was March 2, 1998; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board reviewed and recommended approving the renewal and modification of District #3 at its meeting on October 21, 1999; and WHEREAS, the Livingston County Planning Board reviewed and recommended approval of the renewal and modification of District #3 at its meeting on October 14, 1999; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on Agricultural District #3 on November 10, 1999; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental Quality Review Act, that the proposed modification and renewal of Agricultural District #3 will not have a significant impact on the environment; now therefore be it RESOLVED, that the Board of Supervisors hereby makes the findings contained in the Renewal and Modification Plan for Agricultural District #3 dated November 10, 1999; and be it further RESOLVED, that the proposed modification and renewal of Livingston County Agricultural District #3 is hereby approved, with the exception of tax map no. 176.-1-14 which is removed at the owner=s request, and a copy of the proposed plan will be forwarded to the Commissioner of Agriculture and Markets. Dated at Geneseo, New York November 10, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 361. APPROVING RENEWAL AND MODIFICATION OF AGRICULTURAL DISTRICT #4 Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the eight-year anniversary of Agricultural District #4 was August 11, 1998; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board reviewed and recommended approving the renewal and modification of District #4 at its meeting on October 21, 1999; and WHEREAS, the Livingston County Planning Board reviewed and recommended approval of the renewal and modification of District #4 at its meeting on October 14, 1999; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on Agricultural District #4 on November 10, 1999; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental Quality Review Act, that the proposed modification and renewal of Agricultural District #4 will not have a significant impact on the environment; now therefore be it RESOLVED, that the Board of Supervisors hereby makes the findings contained in the Renewal and Modification Plan for Agricultural District #4 dated November 10, 1999; and be it further RESOLVED, that the proposed modification and renewal of Livingston County Agricultural District #4 is hereby approved and a copy of the proposed plan will be forwarded to the Commissioner of Agriculture and Markets. Dated at Geneseo, New York November 10, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 264

OTHER BUSINESS 1. County Administrator Dominic F. Mazza presented an overview on the proposed 2000 Livingston County Budget (on file) and briefly discussed the major factors impacting the proposed 2000 County Budget. The total appropriation is $77,570,989 and the proposed tax rate is $7.02 per thousand of assessed value. The County Administrator indicated that the decision to modify the sales tax formula was in no way a reflection upon the fine quality of education the local school districts provide but was one borne out of financial necessity and revenue equity . The County Administrator stated that a budget workshop has been scheduled for Tuesday, November 16, 1999 at 10:30 a.m. in the Assembly Room where he will explain the 2000 County Budget in more detail.

EXECUTIVE SESSION Motion made by Mr. Moore and Seconded by Mr. Layland that the Board adjourn and reconvene in Executive Session for the purpose of discussing the financial history of particular persons and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary, and Dominic F. Mazza remain present. Carried.

The Board reconvened in regular session. The following report was presented.

Report of Executive Session

The Board of Supervisors having met in Executive Session for the purpose of discussing the financial history of a particular person, hereby reports as follows: No action taken. Dated November 10, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary Motion made by Mr. Moore and Seconded by Mr. Layland that the Report of Executive Session be accepted. Carried.

ADJOURNMENT Motion made by Mr. Bassage and seconded by Mr. Daley to adjourn until Wednesday, November 24, 1999 at 1:30 p.m. Carried.

The Board adjourned at 3:01 p.m. 269

REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 24, 1999 1:30 P.M. The Board met pursuant to adjournment.

The roll was called showing all members except Mr. Davis.

The Pledge of Allegiance.

MINUTES Minutes of 11/10/99 Regular Board Meeting were approved as presented.

PUBLIC HEARINGS - 1:35 P.M. The Public Hearings to receive comments on the following issues were called in accordance with the notice published in the official newspapers: #1 Proposed 2000 Livingston County Budget - County Administrator presentation #2 Increase Maximum Income Eligibility for Tax Exemption Pursuant to Section 467 of the Real Property Tax Law #3 Local Law No. G - 1999 a Local Law Entitled the Livingston County Hotel And Motel Room Occupancy Tax Law #4 Local Law No. H 1999 Local Law Amending Local Law No. 2 1998 - Increasing the Maximum Income Eligibility for Tax Exemption from Real Property Taxes to Persons with Disabilities Who Have Limited Income

The County Administrator presented an overview of the Proposed 2000 Livingston County Budget and discussed the major factors impacting the proposed 2000 County Budget. The total appropriation is $77,570,989 and the proposed tax rate is $7.02 per thousand of assessed value.

The County Attorney explained the purpose of Public Hearings numbered 2, 3 and 4.

The Chairman announced that he will recognize each person to speak and that person is to come forward to the podium and sign in and limit their comments to two (2) minutes. The Public Hearings will be open for one hour. The Board will proceed with the agenda, and the Chairman will reopen the public hearings at the end of the meeting.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. Note: All speakers spoke in regard to the Proposed 2000 Livingston County Budget and the impact of Res. No. 99- 341 Amending the Livingston County Sales and Use Tax. 1. Jim Blizzard, President of Livonia Board of Education - opposed 2. Gary Kone, Geneseo Businessman and Director of Business Education Alliance - opposed 3. Rosemary Taves, President of Geneseo Board of Education - opposed 4. Robert Schwegler, President of Keshequa Central Teachers= Association - opposed 5. Glenda VanRy, President of the Geneseo Central Teachers= Association - opposed 6. Kimberly Dalton-Ferris, Geneseo Central School Board Member - opposed 7. Melissa Alber, work for State School of Industry - opposed 8. Ed Orman, York resident and Pavilion School Superintendent - opposed 9. Jennifer Pavio, School Teacher, parent and taxpayer - opposed 10. Josephine Koch, business person - opposed 11. Sara Ruth Hite, Geneseo Central School - opposed 12. Andy Bill, Foster Wheeler employee, taxpayer - requested to reconsider Res. No. 99-341 270

13. David DeLoria, Livonia Central School Superintendent - requested to reconsider Res. No. 99-341 14. Dave DiNolfo, Cal-Mum Central School Superintendent - opposed 15. Richard Burke, Avon Village Mayor and taxpayer - supported 16. Maurice Dalton, York School Superintendent - reconsider Res. No. 99-341

The Chairman stated that the Public Hearings would remain open until the end of the meeting.

COMMUNICATIONS 1. Notice of Public Hearing for Proposed Local Law E of 1999 for the Town of Naples: Zoning Law of the Town of Naples Amendment No. 2 of 1999 2. Notice of Public Hearing for Proposed Local Law F of 1999 for the Town of Naples: Subdivision Law of the Town of Naples, Amendment No. 1 of 1999 3. Public Hearing Notice concerning the eight-year review of the Monroe County Northeastern and Southeastern Agricultural Districts 4. Summons and Complaint in the matter of the Estate of Rosella M. Carpenter a/k/a Rosella Carpenter, by Roger Carpenter, Executor versus the County of Livingston, the Livingston County Health Related Facility, a/k/a Livingston County Campus Skilled Nursing Facility, and Laura Stiggins 5. Letter from New York State Office of Parks, Recreation, and Historic Preservation informing the County that the William Hartman Farmstead, 9296 Route 63 North, Dansville, Livingston County will be considered for nomination to the National and State Registers of Historic Places . Comments must be received from the County by December 15, 1999. 6. All Supervisors are invited to an Open House of the Livingston County Rehabilitation and Recreation Program (a program of Rochester Psychiatric Center) to be held on Friday, December 3, 1999 at 1:00 - 3:30 p.m at 107 Main Street, Geneseo. If you plan to attend, please inform Virginia today. 7. Letters from the following with regard to the Res. No. 99-341 Amending the Sales and Use Tax adopted at the November 10, 1999 Board meeting: - Geneseo Central School District Board of Education - Livonia Central School District, Superintendent of Schools David P. DeLoria - Mt. Morris Central School District Board of Education 8. Menu choice for 12/8/99 Supervisors= Recognition luncheon must be submitted today.

INTRODUCTION OF LOCAL LAW

LOCAL LAW NO. I - 1999 - COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2000 BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS: Section 1. Effective as hereinafter provided, the annual salary for each of the two Commissioners of Elections shall be increased by $1,650.00. Section 2. Effective as hereinafter provided, the annual salary of the Commissioner of Social Services shall be increased by $5,775.00 ($3,000 of the salary increase represents compensation in lieu of a County vehicle previously provided for the Commissioner). Section 3. Effective as hereinafter provided, the annual salary of the Director of Real Property Tax Services shall be increased by $2,025.00. Section 4. Effective as hereinafter provided, the annual salary of the County Highway Superintendent shall be increased by $2,225.00. Section 5. All salaries set forth herein shall be effective as of January 1, 2000. Section 6. This Local Law shall take effect on the date of filing in the Office of the Secretary of State of the 271

State of New York. Section 7. This Local Law is subject to permissive referendum. Dated at Geneseo, New York November 24, 1999 (Introduced)

RESOLUTION NO. 99 - 362. ABSTRACT OF CLAIMS #11B - NOVEMBER 24, 1999 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11B dated November 24, 1999 in the total amount of $2,369,884.10. Dated at Geneseo, New York November 24, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,734; Noes - 0; Absent - Davis, 29; Marks, 51, Total 80; Adopted.

PRIVILEGE OF THE FLOOR Mr. Kramer expressed an interest to introduce Springwater Supervisor Elect Mark Walker, however, he must have departed the meeting.

PREFERRED AGENDA

RESOLUTION NO. 99 - 363. DECLARING SURPLUS PROPERTY - SHERIFF WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such item of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item surplus property to be disposed of as determined by the County Administrator: SHERIFF Radio Console from Wilson Road tower site Wyse Computer Monitor, serial #21K1005058 Panasonic Fax machine, serial #351111099 Automatic Cut Sheet Feeder, serial #002A002682 Wyse Computer Module, serial #14ZU9B00502 OKIData Pin Printer, serial #004A0014759 IBM Computer Module, serial #51707055940 Tandy Computer Module, serial #90311942 Wyse Computer Keyboard, no vin # Steel Desk with detachable file, ID #01648 Steel Desk, ID #01593 Burnomatic Coffee Maker, ID #01601 Dated at Geneseo, New York November 24, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 364. APPOINTING MEMBER TO LIVINGSTON COUNTY PLANNING BOARD - AYERS RESOLVED, that Marcia Ayers, 2050A Paine Road, Nunda, New York 14517, is appointed to the Livingston County Planning Board, to fill the unexpired term of Gary Ayers, as a representative of the Town of Nunda for a term expiring December 31, 2001. Dated at Geneseo, New York 272

November 24, 1999 Legislative & Agricultural Affairs Committee

RESOLUTION NO. 99 - 365. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY YOUTH BOARD - DUMAR, FOSSA RESOLVED, that the Livingston County Board of Supervisors hereby approves the appointment of the following persons to the Livingston County Youth Board to serve the term designated: NAME REPRESENTS TERM EXPIRES

Trisha Dumar Youth 8/31/00 6544 Route 36 Mt. Morris, NY 14510 replaces Jeanne Piraino

Elizabeth Fossa Youth 8/31/00 6544 Route 36 Mt. Morris, NY 14510 replaces Bobbi Jo Zobrest

Dated at Geneseo, New York November 24, 1999 Intergovernmental Affairs Committee

RESOLUTION NO. 99 - 366. PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. I - 1999 PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2000 WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on November 24, 1999, a proposed Local Law entitled Local Law I - 1999 Providing Salaries For Certain County Officers for the Year 2000, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 8th day of December, 1999 at 1:35 p.m. in the Board of Supervisors Assembly Room in the Livingston County Government Center in the Village of Geneseo, New York, and at least six (6) days notice posting thereof on the bulletin board of the Government Center in this County, and by publishing such notice at least one (1) time in the official newspapers of the County as provided by law. Dated at Geneseo, New York November 24, 1999 Personnel & Employee Relations Committee

PREFERRED AGENDA VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the Preferred Agenda. Motion made by Mr. Layland and seconded by Mr. Jaeger to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,734; Noes - 0; Absent - Stewart, 187; Davis, 29; Marks, 51 Total 267 Adopted.

RESOLUTION NO. 99 -367. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, CENTRAL SERVICES, HIGHWAY, OFFICE FOR THE AGING, PUBLIC HEALTH, SHERIFF Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer 273

Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York November 24, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,734; Noes - 0; Absent - Davis, 29; Marks, 51, Total 80; Adopted.

RESOLUTION NO. 99 - 368. AUTHORIZING PURCHASE OF ONE (1) NEW, UNUSED WHEEL LOADER THROUGH NYS CONTRACT FOR HIGHWAY DEPARTMENT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the Highway Department=s Machinery Fund appropriations include funds for purchase of new road-sweeping equipment, now therefore, be it RESOLVED, that the Superintendent of Highways is hereby authorized to purchase one (1) new, unused JCB 411B -HT 4-wheel-drive articulated wheel loader, with quick-attach tool couplers from Rupp Rental & Sales of Rochester, N.Y. through NYS Contract #PC54972. NOTE: NYS Contract price is $61,880.00. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee Donald Higgins, County Highway Superintendent, explained that the new loader will be very versatile and equipped to accommodate other attachments. The roll was called as follows: Ayes - 1,734; Noes - 0; Absent - Davis, 29; Marks, 51, Total 80; Adopted.

RESOLUTION NO. 99 - 369. DESIGNATING JAKMAN HILL, TOWN OF LIVONIA AS A LIVINGSTON COUNTY ROAD (CR#83) Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the County has constructed a new roadway in the Town of Livonia, said roadway being 0.25 mile in length, running north from Stone Hill Road, and ending at the County E-911 communications tower site, and WHEREAS, said roadway is located on lands duly purchased by Livingston County, now, therefore be it RESOLVED, that said roadway is hereby designated as Jakeman Hill and adopted as a County Road, (County Road 83), and be it further RESOLVED, that the County Road Map referred to in Section 115 of the Highway Law is amended to add 0.25 miles of County Road 83, Jakman Hill. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

Donald Higgins, County Highway Superintendent, explained the County=s share of the cost of preliminary engineering and incidental work for the following three bridge projects.

RESOLUTION NO. 99 - 370. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE ΑΑΑMARCHISELLI≅≅≅ PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS FOR POAGS HOLE BRIDGE OVER CANASERAGA CREEK, TOWN OF N. DANSVILLE Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Poags Hole Bridge over Canaseraga Creek, Town of N. Dansville, Livingston County, P.I.N. 274

# 475277 (Αthe 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 Livingston desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering and Row Incidentals NOW, THEREFORE, The Chairman, duly convened does hereby RESOLVE, that the Board of Supervisors hereby approves the above-subject; and it is hereby further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and ROW Incidentals work for the Project or portions thereof; and it is further RESOLVED, that the sum of $198,000 is hereby appropriated from the Board of Supervisors and made available to cover the cost participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Supervisors 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, it is further RESOLVED, that the Chairman of the Board of Supervisors be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal aid and/or Marchiselli Aid on behalf of the Board of Supervisors with the New York State Department of Transportation in connection with the advancement of 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 therefor that are not so eligible, and, it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and, it is further RESOLVED, this Resolution shall take effect immediately. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee

RESOLUTION NO. 99 - 371. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE ΑΑΑMARCHISELLI≅≅≅ PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS FOR LINZY ROAD BRIDGE OVER SUGAR CREEK, TOWN OF OSSIAN Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Linzy Road Bridge over Sugar Creek, Town of Ossian, Livingston County, P.I.N. # 475279 (Αthe 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 Livingston desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering and Row Incidentals NOW, THEREFORE, The Chairman, duly convened does hereby RESOLVE, that the Board of Supervisors hereby approves the above-subject; and it is hereby further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and ROW Incidentals work for the Project or portions thereof; and, it is further RESOLVED, that the sum of $90,000 is hereby appropriated from the Board of Supervisors and made available to cover the cost participation in the above phase of the Project; and, it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Supervisors 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, it is further 275

RESOLVED, that the Chairman of the Board of Supervisors be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal aid and/or Marchiselli Aid on behalf of the Board of Supervisors with the New York State Department of Transportation in connection with the advancement of 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 therefor that are not so eligible, and, it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and, it is further RESOLVED, this Resolution shall take effect immediately. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee

RESOLUTION NO. 99 - 372. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE ΑΑΑMARCHISELLI≅≅≅ PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS FOR LINZY ROAD BRIDGE OVER SUGAR CREEK, TOWN OF OSSIAN Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Linzy Road Bridge over Sugar Creek, Town of Ossian, Livingston County, P.I.N. # 475280 (Αthe 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 Livingston desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering and Row Incidentals NOW, THEREFORE, The Chairman, duly convened does hereby RESOLVE, that the Board of Supervisors hereby approves the above-subject; and it is hereby further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and ROW Incidentals work for the Project or portions thereof; and it is further RESOLVED, that the sum of $103,000 is hereby appropriated from the Board of Supervisors and made available to cover the cost participation in the above phase of the Project; and, it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the York State Department of Transportation thereof, and, it is further RESOLVED, that the Chairman of the Board of Supervisors be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal aid and/or Marchiselli Aid on behalf of the Board of Supervisors with the New York State Department of Transportation in connection with the advancement of 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 therefor that are not so eligible, and, it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project and, it is further RESOLVED, this Resolution shall take effect immediately. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee

Mr. Moore moved and Mr. Kramer seconded to move all three foregoing resolutions. The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted. 276

RESOLUTION NO. 99 - 373. AUTHORIZING THE CHAIRMAN TO EXECUTE A PURCHASE OFFER FOR THE WATER TANK SITE FOR THE HAMLET OF CONESUS PROJECT Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the best location has been determined by the engineers for a water storage tank for the Hamlet of Conesus water project and is located on Railroad Avenue, Conesus, New York, and WHEREAS, the property is owned by James and Barbara Stewart who are willing to sell the property, now, therefore, be it RESOLVED, the Livingston County Board of Supervisors authorizes the purchase of the water tank site, and be it further RESOLVED, that the Chairman of the Board of Supervisors is authorized to execute the necessary purchase offer, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 374. AUTHORIZING CHANGE ORDER FOR THE HEMLOCK WATER SUPPLY PROJECT CONTRACT NO. 2 - PUMP STATION - ELECTRICAL - R. G. BURNS ELECTRIC. INC. Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, Livingston County entered into a contract with R.G. Burns Electric, Inc. pursuant to Res. No. 98-279 for the construction of the Hemlock Water Supply Project - Contract 2 Pump Station- Electrical, and WHEREAS, the overall budget can accommodate several additional modifications to the SCADA system, and several modifications are necessary to achieve Y2K compliance, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors authorizes Change Order No. 2 for R. G. Burns Electric, Inc. contract in an amount not to exceed Seventeen Thousand Sixty Dollars ($17,060.00), and be it further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign said change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 24, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 375. APPROVING 2000 LIVINGSTON COUNTY SPECIAL DELINQUENCY PREVENTION PROGRAMS (Center For Dispute Settlement/Juvenile And Peer Mediation Program; Legal Aid Society of Rochester/Youth Advocacy Program; Hillside Children's Center/Aggression Replacement Training Program And Community Service Program; Catholic Charities/Community of Caring Program; T.R.I. Group/Intensive Family Therapy Program) Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, State Special Delinquency Prevention Program (SDPP) funds have been appropriated for the services and expense of the New York State Office of Children and Family Services (OCFS) and its contractors for the operation of programs designed to prevent juvenile delinquency and promote youth development, and WHEREAS, Livingston County agrees to perform or be responsible for the performance of services for youth by entering into a County Agreement, OCFS form 3101, and its attachments for the period January 1, 2000 to December 31, 2000, and WHEREAS, the Livingston County Treasurer is hereby authorized to maintain account no. 7314.4 for the Special Delinquency Prevention funds, now, therefore, be it 277

RESOLVED, that the Chairman of the Board of Supervisors be authorized to sign the agreement and any other Special Delinquency Prevention Program related documents, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 24, 1999 Intergovernmental Affairs Committee The roll was called as follows: Ayes - 1,639; Noes - 0; Absent - Davis, 29; Olverd, 146, Total 175; Adopted.

RESOLUTION NO. 99 - 376. APPROVING 2000 LIVINGSTON COUNTY RESOURCE ALLOCATION PACKAGE (YOUTH DEVELOPMENT & DELINQUENCY PREVENTION PROGRAMS) Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, the Livingston County Youth Bureau has prepared and approved its annual Resource Allocation Package based on the needs and interest of local youth, and WHEREAS, this package includes programs, to be operated by private agencies, Village, Town and County Departments on behalf of county youth using state Office of Children and Family Services funds, and WHEREAS, the Livingston County Treasurer is hereby authorized to maintain account no. 7313.4 for the Youth Development and Delinquency Prevention Program, now therefore, be it RESOLVED, that the 2000 Livingston County Resource Allocation package be approved and the Chairman of the Livingston County Board of Supervisors and appropriate Youth Board officials are authorized to execute the agreement with the State and any other Youth Development and Delinquency Prevention Program documents, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 24, 1999 Intergovernmental Affairs Committee The roll was called as follows: Ayes - 1,639; Noes - 0; Absent - Davis, 29; Olverd, 146, Total 175; Adopted.

RESOLUTION NO. 99 - 377. AUTHORIZING THE CREATION OF THE GENESEE, ORLEANS, LIVINGSTON, WYOMING WORKFORCE INVESTMENT BOARD Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, the Chief Elected Officials of Genesee, Livingston, Orleans, and Wyoming Counties (GLOW) petitioned the Governor of the State of New York for temporary designation of the four county area as a Workforce Investment Area under the Workforce Investment Act of 1998, and WHEREAS, the federal Workforce Investment Act of 1998 mandates that each local Workforce Investment Area creates a Workforce Investment Board to administer and oversee the local Workforce Development System, and WHEREAS, the Chief Elected Officials are charged with the responsibility of soliciting and appointing members to this Workforce Investment Board, and WHEREAS, once appointed, the GLOW Workforce Investment Board must develop and negotiate a local plan with the State prior to the implementation of the Workforce Investment Act in 2000, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors officially endorse the creation of the GLOW Workforce Investment Board (WIB), and, be it further RESOLVED, that the GLOW Workforce Investment Board membership composition will be as follows: Genesee County Seats Private Sector 6 Economic Development Agency 1 Title I Dislocated Worker Program Operator 1 Grant Recipient 1 Total 9

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Livingston County Seats Private Sector 6 Adult Education/Literacy 1 Economic Development Agency 1 Title I Youth Program Operator 1 Total 9

Orleans County Seats Private Sector 5 Job Corps 1 Community Based Organization 1 Title I Adult/Welfare to Work Program Operator 1 Total 8

Wyoming County Seats Private Sector 5 Community Services Block Grant/HUD 1 Community Based Organization 1 Local Education Entity 1 Total 8

At-Large Seats Dept. Of Labor Funded Programs 2 (UI, Wagner Peyser, TRA/NAFTA, Veterans) Vocational Rehabilitation (VESID) 1 Title V Older Worker Program 1 Organized Labor 2 Dept. of Social Services 1 Migrant Seasonal Farm workers 1 Perkins Vatea/Local Education Entity 1 Total 9

Grand Total 43 and, further be it RESOLVED, that each County Chief Elected Official will appoint their county representative and those At- Large Members, and be it further RESOLVED, that additional slots will be added to the GLOW Workforce Investment Board if advised by the New York State Department of Labor, and be it further RESOLVED, that the GLOW Workforce Investment Board will be in effect until such legislation repeals it.

Dated at Geneseo, New York November 24, 1999 Intergovernmental Affairs Committee The County Administrator explained that this resolution allows the County to enter into an agreement with the GLOW Workforce Investment Board for a two-year designation period. The County Administrator explained that the current JTPA operation will be changed and operated through the GLOW Workforce Investment Board. The roll was called as follows: Ayes - 1,639; Noes - 0; Absent - Davis, 29; Olverd, 146, Total 175; Adopted.

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RESOLUTION NO. 99 - 378. APPROVING RENEWAL AND MODIFICATION OF AGRICULTURAL DISTRICT #2 Mr. Jaeger presented the following resolution and moved its adoption: WHEREAS, the eight-year anniversary of Agricultural District #2 was November 16, 1997; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board reviewed and recommended approving the renewal and modification of District #2 at its meeting on October 21, 1999; and WHEREAS, the Livingston County Planning Board reviewed and recommended approval of the renewal and modification of District #2 at its meeting on October 14, 1999; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on Agricultural District #2 on November 10, 1999; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental Quality Review Act, that the proposed modification and renewal of Agricultural District #2 will not have a significant impact on the environment; now therefore be it RESOLVED, that the Board of Supervisors hereby makes the findings contained in the Renewal and Modification Plan for Agricultural District #2 dated November 10, 1999; and be it further RESOLVED, that the proposed modification and renewal of Livingston County Agricultural District #2 is hereby approved, with the exception of tax map No. 64.-1-15, which is removed at the request of the owners, as certified by the Supervisor of the Town of Geneseo by letter dated November 16, 1999, a copy of which is on file in the Office of the Clerk of the Board, and a copy of the proposed plan will be forwarded to the Commissioner of Agriculture and Markets. Dated at Geneseo, New York November 24, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 379. AUTHORIZING CONTRACT WITH CENTER FOR GOVERNMENTAL RESEARCH, INC. Mr. Jaeger presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign a contract with the Center for Governmental Research, Inc., for TIGER file maintenance, agricultural district mapping conversion, and GIS technical assistance, at a cost not-to-exceed Nine Thousand Two Hundred Fifty Dollars ($9,250.00), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York November 24, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 380. APPOINTING CONFIDENTIAL SECRETARY TO THE CLERK Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Theresa M. Schettine of 5125 Lee Road, Geneseo, New York 14454 is hereby appointed to the position of Confidential Secretary to the Clerk at an annual salary of $20,000 effective November 26, 1999. Dated at Geneseo, New York November 24, 1999 Personnel & Employee Relations Committee Virginia O. Amico, Clerk of the Board, introduced Theresa M. Schettine and provided a summary of her employment history and credentials. Theresa M. Schettine thanked the Board of Supervisors for considering her appointment and expressed that she is committed to assisting the entire Board to the best of her abilities. The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted. 280

RESOLUTION NO. 99 - 381. APPOINTING DEPUTY TREASURER TRAINEE Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Amy Mann of 51 South State Street, Nunda, New York 14517, is hereby appointed to the position of Deputy Treasurer Trainee at an annual salary of $30,000 effective December 6, 1999. Dated at Geneseo, New York November 24, 1999 Personnel & Employee Relations Committee Supervisor Moore explained that Carolyn Taylor, County Treasurer Elect, has conducted interviews and is recommending Amy Mann to be appointed to the Trainee position. The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 382. INCREASING COMPENSATION FOR COUNTY CORONERS Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors authorizes an increase in compensation for County Coroners to $100.00 per call. Dated at Geneseo, New York November 24, 1999 Personnel & Employee Relations Committee Supervisor Moore stated that the present reimbursement rate is $75.00 per call, and the Coroners have not received an increase in several years. The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 383. AUTHORIZING A CONTRACT WITH ONEIDA COUNTY FOR THE HOUSING OF PRISONERS AT THE CENTRAL NEW YORK PSYCHIATRIC CENTER Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the County of Livingston and the County of Oneida desire to enter into a cooperative agreement pursuant to General Municipal Law, section 119-o for the housing, from time to time, of Livingston County prisoners in the Central New York Psychiatric Center Forensic Unit, and WHEREAS, the two counties have negotiated such an agreement, a copy of which is available in the Office of the Clerk of the Board, it is hereby RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to execute a 2000 Agreement between the County of Livingston and the County of Oneida commencing January 1, 2000 through December 31, 2000, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York November 24, 1999 Public Safety & Criminal Justice Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 384. AUTHORIZING A CONTRACT WITH NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES FOR HOUSING OF STATE READY INMATES Mr. Daley presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute a contract with the New York State Department of Correctional Services for housing of State-ready inmates at a cost of $74.00 per day per inmate commencing February 1, 1999 and terminating March 31, 2000, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York November 24, 1999 Public Safety & Criminal Justice Committee 281

The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted. CLOSE PUBLIC HEARINGS The Chairman asked if anyone wished to speak regarding the following Public Hearings: #2 Increase Maximum Income Eligibility for Tax Exemption Pursuant to Section 467 of the Real Property Tax Law #3 Local Law No. G - 1999 a Local Law Entitled the Livingston County Hotel And Motel Room Occupancy Tax Law #4 Local Law No. H 1999 Local Law Amending Local Law No. 2 1998 - Increasing the Maximum Income Eligibility for Tax Exemption from Real Property Taxes to Persons with Disabilities Who Have Limited Income No one wished to speak. The Chairman declared the foregoing public hearings closed.

The Chairman asked if anyone wished to speak regarding the Public Hearing #1 - Proposed 2000 Livingston County Budget, and restated that as each person is recognized he or she must sign in and there is a 2 minute time limit.

1. Deborah Spratt, parent and resident of Avon - opposed 2. Gary Hammond, Genesee Valley BOCES Assistant Superintendent - opposed 3. Jeanne Doyle, Avon Central School - opposed 4. Kelly Jo Landers, resident of Conesus - supported 5. Norm Barrett, Avon Board of Education Member and Genesee Valley BOCES Board Member - opposed 6. Neil Rochelle, Keshequa Central School Superintendent - opposed 7. Tim Dickenson, Avon Central School Board Member - reconsider Res. No. 99-341 8. David Glover, Mt. Morris Central School Teacher - opposed

Springwater Supervisor Howard J. Kramer expressed that he would like the Board to reconsider Res. No. 99-341.

Mt. Morris Supervisor James F. Olverd stated that he is not on the Finance & Administration Committee, and he stated that a meeting should have been held with the schools to discuss this issue.

MOTION: Supervisor Olverd moved and Supervisor Kramer seconded to have the Board of Supervisors reconsider Res. No. 99-341. The Chairman asked if there was further discussion with regard to this motion.

Livonia Supervisor Timothy R. Wahl moved to postpone the vote on the previous motion until the Public Hearing held at 7:00 p.m. this evening. Mr. Layland seconded the motion. Mr. Olverd and Mr. Kramer agreed to postpone the vote. Carried.

RESOLUTION NO. 99 - 331. INCREASING MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION PURSUANT TO SECTION 467 OF THE REAL PROPERTY TAX LAW Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the County of Livingston, by Res. No. 98-411 set $13,000.00 as the maximum income eligibility for tax exemption under section 467 of the Real Property Tax Law and by resolution 94-339 adopted the income eligibility sliding scale set forth under section 467(b)(1) and (b)(2) of the Real Property Tax Law for incomes above the maximum income eligibility; now therefore be it RESOLVED, that the amount of income to determine eligibility for tax exemption under section 467 of the Real Property Tax Law is increased to $13,500.00 and it is further RESOLVED, that the income eligibility sliding scale set forth under section 467 (b)(1), (b)(2), and (b)(3) of the Real Property Tax Law shall continue for property owners exceeding the $13,500.00 income eligibility level, and it is further 282

RESOLVED, that this increase shall be effective with the 2000 assessment roll. Dated at Geneseo, New York November 10, 1999 (Introduced) November 24, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

MOTION TO VOTE ON LOCAL LAW NO. G 1999 Mr. Kramer moved and Mr. Moore seconded to call Local Law No. G 1999 to the table.

LOCAL LAW NO. 6 1999 A LOCAL LAW ENTITLED THE LIVINGSTON COUNTY HOTEL AND MOTEL ROOM OCCUPANCY TAX LAW. BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS: TITLE 100 - GENERAL PROVISIONS: 101. Short Title: This Local Law shall be known as the Livingston County Hotel and Motel Room Occupancy Tax Law. 102. Intent: This Local Law is adopted to implement the provisions of Chapter 290 of the Laws of 1993, effective July 21, 1993, enacting section 1202-M of the Tax Law of the State of New York. 103. Definitions: Unless the context requires a different meaning, when used in this Local Law, the following terms shall mean: a. "County" shall mean the County of Livingston. b. "Person" shall mean an individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. c. "Operator" shall mean any person operating a hotel or motel in the County of Livingston, including but not limited to the owner or proprietor of such premises, lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such hotel or motel. d. "Hotel or Motel" or either term singly shall mean any facility or portion thereof providing lodging on an overnight basis. The term "hotel" or "motel" includes an apartment, hotel, motor court or inn, boarding house, cabin, cottage or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as "bed and breakfast" and "tourist" facilities. e. "Occupancy" shall mean the use or possession, or the right to use or possession of any room in a hotel or motel. f. "Occupant" shall mean a person who, for a consideration, uses, possesses, or has the right to use or possess, any room in a hotel or motel under any lease, concession, permit, right of access, license to use or other agreement, or otherwise. g. "Permanent Resident" shall mean any occupant of any room or rooms in a hotel or motel for a period in excess of fourteen consecutive days. h. "Rent" shall mean the consideration received for occupancy valued in money, whether received in money or otherwise. I. "Room" shall mean any room of any kind in any part or portion of a hotel or motel, which is available for or let out for any purpose other than a place of assembly. j. "Return" shall mean any return filed or required to be filed as herein provided. k. "Tax" shall mean the tax imposed pursuant to this Local Law and any increase, reduction or modification hereafter authorized. l. "Treasurer" shall mean the Treasurer of Livingston County or the Treasurer's designee. m. "Board or other charge" shall mean the charge or charges which an operator shall impose for food and 283

meals or for other services and facilities at a hotel or motel which charge is included in the cost of occupancy of a room as a common charge, or, if such charges are separately stated, is a charge which is not optional and is required to be paid by the occupant as part of the cost of occupancy of a room. 104. Territorial Limitations: A tax imposed by this Local Law shall apply only within the territorial limits of the County of Livingston. 105. Reference to Tax: Wherever reference is made in placards, advertisements or other publications to the tax imposed by this Local Law, such reference shall be substantially in the following form: "Tax on occupancy of hotel or motel rooms", except that in any bill, receipt, statement or other agreement or memorandum of occupancy or rent charge issued or employed by an operator, the words "occupancy tax" shall suffice. TITLE 200 - ADMINISTRATION OF TAX LAW 201. Administration: The tax imposed by this Local Law shall be administered and collected by the Treasurer or other fiscal officers of the County as he may designate by such means and in such manner as are other taxes which are now collected and administered by such officers or as otherwise provided by this Local Law. 202. General Powers of the Treasurer: In addition to the powers granted to the Treasurer in this Local Law, the Treasurer is hereby authorized and empowered to: a. make, adopt and amend rules and regulations appropriate to the carrying out of this Local Law and the purposes thereof, provided, however, that no rule or regulation shall become effective until 30 days after such rule or regulation shall have been filed with the Clerk of the Board of Supervisors; b. extend for cause shown, the time of filing any return for a period not exceeding three months, provided not less than 90 percent of the estimated tax for the period for which the return is required to be filed shall be paid together with the request for such extension on or before the due date; and for cause shown to remit penalties but not interest computed at the rate and in the manner provided in section 924-a of the Real Property Tax Law on taxes not paid; and to compromise disputed claims in connection with the tax imposed by this Local Law; c. request information from the Department of Taxation and Finance of the State of New York or the Treasury Department of the United States relative to any person; and to afford information to such taxation department or treasury department relative to any person, any other provision of this Local Law to the contrary notwithstanding; d. delegate his functions hereunder to a deputy treasurer or any employee or employees of the Treasurer, e. prescribe methods for determining the rents for occupancy and to determine the taxable and non-taxable rents; f. require any operator within the County to keep detailed records of the nature and type of hotel maintained, nature and type of service rendered, rooms available and rooms occupied daily, leases or occupancy contracts or arrangements, rents received, charged and accrued, the names and addresses of the occupants, whether or not any occupancy is claimed to be subject to the tax and to furnish such information upon request to the Treasurer; g. assess, determine, revise and readjust the taxes imposed under this Local Law, and require the filing of estimated tax returns and payment of estimated tax where necessary; h. direct the County Attorney to take such action as may be required to enforce this Local Law, including but not limited to providing representation in any administrative proceeding conducted by the Treasurer for enforcement of this Local Law brought in the name of the County in any court of appropriate jurisdiction without any further authorization of the Board of Supervisors. 203. Administration of Oaths and Compelling Testimony: a. The Treasurer or his employees or agents duly designated and authorized by him shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of their powers and duties under this Local Law. The Treasurer shall have power to subpoena and require the attendance of witnesses and the production of books, papers, and documents to secure information pertinent to the performance of his duties hereunder and of the enforcement of this Local Law and to examine them in 284

relation thereto, and to issue commissions for the examination of witnesses who are out of the state or unable to attend before him or excused from attendance. b. A justice of the supreme court either in court or at chambers shall have power summarily to enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and documents called for by the subpoena of the Treasurer under this Local Law. c. Any person who shall refuse to testify or to produce books or records or who shall testify falsely in any material matter pending before the Treasurer under this Local Law shall be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars or imprisonment for not more than one year, or both such fine and imprisonment. d. The officers who serve the summons or subpoena of the Treasurer and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil cases in courts of record, except as herein otherwise provided. Such officers shall be the County Sheriff and his duly appointed deputies or any officers or employees of the Treasurer, designated to serve such process. TITLE 300 - TAX RATE, PERSONS LIABLE, TAXABLE RENT, EXEMPTIONS 301. Imposition of Tax: On and after the 1st day of January, 2000, there is hereby imposed and there shall be paid a tax of three percent (3%) upon the rent for every occupancy of a room or rooms in a hotel or motel in this County except that the tax shall not be imposed upon a. permanent residents for the period of occupancy in excess of fourteen days, or b. exempt organizations as hereinafter set forth. 302. Statement of Tax to be Collected; Person Liable for Payment of Tax: a. The tax to be collected shall be stated and charged separately from the rent and shown separately on any record thereof, at the time when the occupancy is arranged or contracted for and charged for, and upon every evidence of occupancy or any bill or statement or charge made for said occupancy issued or delivered by the operator, and the tax shall be paid by the occupant to the operator as trustee for and on account of the County, and the operator shall be liable for the collection thereof and for the tax. The operator and any officer of any corporate operator shall be personally liable for the tax collected or required to be collected under this Local Law, and the operator shall have the same right in respect to collecting the tax from the occupant, or in respect to nonpayment of the tax by the occupant as if the tax were a part of the rent for the occupancy payable at the time such tax shall become due and owing, including all rights of eviction, dispossession, repossession and enforcement of any innkeeper's lien that he may have in the event of non-payment of rent by the occupant; provided, however, that the Treasurer or other fiscal officer or officers, employees or agents duly designated by him shall be joined as a party in any action or proceeding brought by the operator to collect or enforce collection of the tax. b. Where the occupant has failed to pay and the operator has failed to collect a tax as imposed by this Local Law, then in addition to all other rights, obligations and remedies provided, such tax shall be payable by the occupant directly to the Treasurer, and it shall be the duty of the occupant to file a return thereof with the Treasurer and to pay the tax imposed thereon to the County Treasurer within 15 days after such tax was due. c. The Treasurer may, whenever he deems it necessary for the proper enforcement of this Local Law, provide by regulation that the occupant shall file returns and pay directly to the Treasurer the tax herein imposed, at such times as returns are required to be filed and payment made over by the operator. d. The tax imposed by this Local Law shall be paid upon any occupancy on and after January 1, 2000, although such occupancy is had pursuant to a contract, lease or other arrangement made prior to such date. Where rent is paid or charged or billed, or falls due on either a weekly, monthly or other term basis, the rent so paid charged, billed or falling due shall be subject to the tax herein imposed to the extent that it covers any portion of the period on and after January 1, 2000. Where any tax has been paid hereunder upon any rent which has been ascertained to be worthless, the Treasurer may by regulation provide for credit and/or refund of the amount of such tax upon application therefor as provided in 285

section 406 of this Local Law. e. For the purpose of the proper administration of this Local Law and to prevent evasion of the tax hereby imposed, it shall be presumed that all rents are subject to tax until the contrary is established, and the burden of providing that a rent for occupancy is not taxable hereunder shall be upon the operator, except that, where by regulation pursuant to section 302(d) an occupant is required to file returns and pay directly to the Treasurer the tax herein imposed, the burden of proving that a rent for occupancy is not taxable shall be upon the occupant. Where an occupant claims exemption from the tax under the provisions of section 304, the rent shall be deemed taxable hereunder unless the operator shall receive from the occupant claiming such exemption a certificate duly executed by an exempt corporation or association certifying that the occupant is its agent, representative, or employee, together with a certificate executed by the occupant that his occupancy is paid or to be paid by such exempt corporation or association, and is necessary or required in the course of or in connection with the occupant's duties as a representative of such corporation or association. Where deemed necessary by the operator, he may further require that any occupant claiming exemption from the tax furnish a copy of a certificate issued by the Treasurer certifying that the corporation or association therein named is exempt from the tax under section 304. 303. Determination of Taxable Rent: a. If the cost of occupancy of a room includes only the cost of occupancy of the room and board and other charges are separately stated and are incurred at the option of the occupant, rent subject to the tax shall be the charge made by the operator for occupancy of a room and the tax shall be based on that amount. b. If the cost of occupancy of a room shall include only board as a common charge, or where board is separately stated and board is not optional and is required to be paid by the occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Total charge includes Room Board Room, breakfast, lunch, dinner 55% 45% Room, lunch, dinner 65% 35% Room, breakfast, dinner 65% 35% Room, breakfast, lunch 75% 25% Room, dinner 80% 20% Room, lunch 90% 10% Room, breakfast 90% 10% c. If the cost of occupancy of a room shall include only charges, as defined herein, as a common charge, or where other charges are separately stated and such other charges are not optional and are required to be paid by the occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Other Total charge includes Room charge Room, other charge 95% 5% d. If the cost of occupancy of a room shall include charges defined in subparagraphs (b) and (c) of this section as a common charge or, where such charges are separately stated and such charges are not optional and are required to be paid by an occupant as part of the cost of occupancy of a room, the operator shall use the schedule shown below to determine the percentage of the total charge to be apportioned to rent subject to the tax, and collect the tax based on that amount. Board other Total charge includes Room charge 286

Room, breakfast, lunch, dinner, other charge 50% 50% Room, lunch, dinner, other charge 60% 40% Room, breakfast, dinner, other charge 60% 40% Room, breakfast, lunch, other charge 70% 30% Room, dinner, other charge 75% 25% Room, lunch, other charge 85% 15% Room, breakfast, other charge 85% 15% e. When the occupant becomes a permanent resident, the operator shall discontinue collection of the tax f. If the operator neither separately states the charge for board, other charges or both nor uses the above schedules, the entire charge is taxable until the occupant becomes a permanent resident. 304. Exempt Organizations: a. Except as otherwise provided in this section, any use or occupancy by any of the following shall not be subject to the tax imposed by this Local Law: 1. The State of New York or any public corporation (including a public corporation created pursuant to agreement or compact with another state or Canada), improvement district or political subdivision of the state; ii. The United States of America, insofar as it is immune for taxation; iii. Any corporation or association, or trust, or community chest, fund or foundation organized and operated exclusively for religious, charitable or education purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; provided, however, that nothing in this section shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this section. b. Where any organization described in section 304(a)(iii) carries on its activities in furtherance of the purposes for which it was organized, in premises in which, as part of said activities, it operates a hotel or motel, occupancy of rooms in the premises and rents therefrom received by such corporation or association shall not be subject to tax hereunder. TITLE 400 - REGISTRATION, RECORDS, RETURNS, PAYMENT, REFUNDS 401. Registration: Within ten days after the effective date of this Local Law, or in the case of operators commencing business after such effective date of this Local Law, within three days after such commencement or opening, every operator shall file with the Treasurer an application for a certificate of authority empowering such operator to collect the tax from the occupant. Upon receipt of such application, the Treasurer shall issue a certificate of authority to such operator which when authenticated shall constitute the authority for the purposes of this Local Law. Each application for a certificate of authority shall state the hotel or motel to which it is applicable; the name of the operator of such hotel or motel, the address of such operator, the taxpayer identification number assigned to such operator, the state of incorporation and the date upon which such corporation obtained authority to do business in this state, if not organized in this state, the names of each partner, if a partnership, and such other information as the Treasurer may by rule require. Such certificates of authority shall be prominently displayed by the operator in such manner that it may be seen and come to the notice of all occupants and persons seeking occupancy. Such certificates shall be non-assignable and non-transferable and shall be surrendered immediately to the Treasurer upon the cessation of business at the hotel or motel named or upon its sale or transfer. 402. Records To Be Maintained: Every operator shall keep records of every occupancy and of all rent paid, 287

charged, or due thereon and of the tax payable thereon, in such form as the Treasurer by regulation requires. Such records shall be available for inspection and examination at any time upon demand by the Treasurer or his duly authorized agent or employee and shall be preserved for a period of three years, except that the Treasurer may consent to their destruction within that period or may require that they be kept longer. 403. Returns: a. Every operator shall file with the Treasurer a return of occupancy and of rents, and of the taxes payable thereon for the quarterly periods ending March 31, June 30, September 30 and December 31 of each year, on and after the first day of 2000. Such returns shall be filed within thirty days from the expiration of the period covered thereby. The Treasurer may permit or require returns to be made by other periods and upon such dates as he may specify. If the Treasurer deems it necessary in order to insure the payment of the tax imposed by this Local Law, he may require returns to be made for shorter periods than those prescribed pursuant to the foregoing provisions of this section and upon such dates as he may specify. b. The forms of returns shall be prescribed by the Treasurer and shall contain such information as he may deem for the proper administration of this Local Law. The Treasurer may require amended returns to be filed within twenty days after notice and to contain the information specified in the notice. c. If a return required by this Local Law is not filed, or a return filed is incorrect or insufficient on its face, the Treasurer shall take the necessary steps to enforce the filing of such a return or of a corrected return. 404. Payment of Tax: At the time of filing a return of occupancy and of rents each operator shall pay to the Treasurer the taxes imposed by this Local Law upon the rents required to be included in such return, as well as all other moneys collected by the operator acting or purporting to act under the provisions of this Local Law. Where the Treasurer, in his discretion, deems it necessary to protect revenues to be obtained under this Local Law, the Treasurer may require an operator to file with him a bond, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as the Treasurer may fix to secure the payment of any tax and/or penalties and interest due or which may become due from such operator. In the event that the Treasurer determines that an operator is to file such bond he shall give notice to such operator to that effect specifying the amount of the bond required. The operator shall file such bond within five days after the giving of such notice unless within such five days the operator shall request in writing a hearing before the Treasurer at which the necessity, propriety and amount of the bond shall be determined by the Treasurer. Such determination shall be final and shall be complied with within fifteen days after the giving of such notice thereof. In lieu of such bond, securities approved by the Treasurer or cash in such amount as he may prescribe, may be deposited which shall be kept in the custody of the Treasurer who may at any time without notice to the depositor apply them to any tax and/or interest or penalties due, and for that purpose the securities may be sold by him at public or private sale without notice to the depositor thereof. 405. Determination of Tax: If a return required by this Local Law is not filed, or if a return when filed is incorrect or insufficient the amount of tax due shall be determined by the Treasurer from such information as may be obtainable and, if necessary, the tax may be estimated on the basis of external indices, such as number of rooms, location, scale of rents, comparable rents, type of accommodations and service, number of employees and/or other factors. Notice of such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within thirty days after giving of notice of such determination, shall apply to the Treasurer for a hearing, or unless the Treasurer of his own motion shall re-determine the same. After such hearing, the treasurer shall give notice of his determination to the person against whom the tax is assessed. The determination of the Treasurer shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by proceeding under article seventy-eight of 288

the Civil Practice Law and Rules if application therefor is made to the Supreme Court within thirty days after the giving of the notice of such determination. A proceeding under article seventy-eight of the Civil Practice Law and Rules shall not be instituted unless: a. The amount of any tax sought to be reviewed, with penalties and interest thereof, if any, shall be first deposited with the Treasurer and there shall be filed with the Treasurer an undertaking, issued by a surety company authorized to transact business in this state and approved by the superintendent of insurance of this state as to solvency and responsibility, in such amount as a justice of the supreme court shall approve to the effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding, or b. At the option of the applicant such undertaking filed with the Treasurer may be in a sum sufficient to cover the taxes, penalties and interest thereon stated in such determination plus the costs and charges which may accrue against it in the prosecution of the proceeding, in which event the applicant shall not be required to deposit such taxes, penalties and interest as a condition precedent to the application. 406. Refunds: a. In the manner provided in this section the Treasurer shall refund or credit, without interest, any tax, penalty or interest erroneously, illegally or unconstitutionally collected or paid if application to the Treasurer for such refund shall be made within one year from the payment thereof. Whenever a refund is made by the Treasurer, he shall state his reason therefor in writing. Such application may be made by the occupant, operator or other person who has actually paid the tax. Such application may also be made by an operator who has collected and paid over such tax to the Treasurer provided the application is made within one year of the payment by the occupant to the operator, but no actual refund of money, shall be to such operator until he shall first establish to the satisfaction of the Treasurer, under such regulations as the Treasurer may prescribe, that he has repaid to the occupant the amount for which the application for refund is made. The Treasurer may in lieu of any refund required to be made, allow credit therefor on payments due from the applicant. b. An application for a refund or credit made as herein provided shall be deemed an application for a revision of any tax, penalty or interest complained of and the Treasurer may receive evidence with respect thereto. After making his determination the Treasurer shall give notice thereof to the applicant, who shall be entitled to review said determination by a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided the proceeding is instituted within 30 days after the giving of the notice of determination and provided a final determination of tax due was not previously made. Such a proceeding shall not be instituted unless an undertaking is filed with the County Treasurer in such amount and with such sureties as a justice of the supreme court shall approve to the effect that if such proceedings be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding. c. A person shall not be entitled to a revision, refund or credit under this section of a tax, interest or penalty which had been determined to be due pursuant to the provisions of section 405 of this Local Law where he has had a hearing or an opportunity for a hearing, as provided in said section or has failed to avail himself of the remedies therein provided. No refund or credit shall be made of the tax, interest or penalty paid after a determination by the Treasurer made pursuant to section 405 of this Local Law unless it is found that such determination was erroneous, illegal or unconstitutional or otherwise improper by the Treasurer after a hearing on the petition of a person liable for payment of the tax brought within thirty days after the filing of a determination of the Treasurer after a hearing pursuant to section 405 of this Local Law, or upon his own motion, or in a proceeding under article seventy-eight of the Civil Practice Law and Rules, pursuant to the provisions of said section. In that event a refund or credit without interest shall be made of the tax, credit or penalty found to have been overpaid. 289

407. Reserves: In cases where the occupant or operator has applied for a refund and has instituted a proceeding under article seventy-eight of the Civil Practice Law and Rules to review a determination adverse to him on his application for refund, the Treasurer shall set up appropriate reserves to meet any decision adverse to the County. 408. Remedies Exclusive: The remedies provided by section 405 and 406 of this Local Law shall be exclusive remedies available to any person for the review of tax liability imposed by this Local Law, and no determination or proposed determination on any application for refund shall be enjoined or reviewed by an action for declaratory judgment, an action for money had and received or by an action or proceeding in a nature of a certiorari proceeding under article seventy-eight of the Civil Practice Law and Rules; provided, however, that a taxpayer may proceed by declaratory judgment if he institutes suit within thirty days after a deficiency assessment is made and pays the amount of the deficiency assessment to the Treasurer prior to the institution of such suit and posts a bond for costs as provided in section 405 of this Local Law. TITLE 500 - ENFORCEMENT OF COLLECTION OF TAX, PENALTIES AND INTEREST 501. Proceedings to Recover Tax: a. Whenever any operator or any officer of a corporate operator or any occupant or other person shall fail to collect and pay over any tax and/or to pay any tax, penalty or interest imposed by this Local Law as therein provided, the County Attorney shall, upon the request of the Treasurer bring or cause to be brought an action to enforce the payment of the same on behalf of the County of Livingston in any court of the State of New York or of any other state of the United States. If, however, the Treasurer in his discretion believes that any such operator, officer, occupant or other person is about to cease business, leave the state or remove or dissipate the assets out of which the tax or penalties might be satisfied, and that any such tax or penalty will not be paid when due, he may declare such tax or penalty to be immediately due and payable and may issue a warrant immediately. b. As an additional or alternate remedy, the Treasurer may issue a warrant, directed to the Sheriff commanding him to levy upon and sell the real and personal property of the operator or officer of a corporate operator or other person liable for the tax, which may be found within the County for the payment of the amount thereof, with any penalties and interest and the cost of executing the warrant, and to return such warrant to the Treasurer and to pay to him the money collected by virtue thereof within sixty days after the receipt of such warrant. The Sheriff shall, within five days after the receipt of the warrant, file with the County Clerk a copy thereof, and thereupon such Clerk shall enter in the judgment docket the name of the person mentioned in the warrant and the amount of the tax, penalties and interest for which the warrant is issued and the date when such copy is filed. Thereupon the amount of such warrant so docketed shall become a lien upon the interest in real and personal property of the person against whom the warrant is issued. The Sheriff shall then proceed upon the warrant, in the same manner, and with like effect, as that provided by law in respect to executions issued against property judgments of a court of record and for services in executing the warrant he shall be entitled to the same fees, which he may collect in the same manner. In the discretion of the Treasurer, a warrant of like terms, force and effect may be issued and directed to any officer or employee of the Treasurer and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs, but shall be paid in the performance of such duty. If a warrant is returned not satisfied in full, the Treasurer may from time to time issue new warrants and shall also have the same remedies to enforce the amount due thereunder as if the County has recovered judgment therefor and execution thereon has been returned unsatisfied. c. Whenever an operator shall make a sale, transfer, or assignment in bulk of any part or the whole of his hotel or motel or his lease, license or other agreement or right to possess or operate such hotel or motel or of the equipment, furnishings, fixtures, supplies or stock of merchandise, or the said premises or lease, license or other agreement or right to possess or operate such hotel or motel and 290

the equipment, furnishings, fixtures, supplies and stock of merchandise pertaining to the conduct or operation of said hotel or motel, otherwise than in the ordinary and regular prosecution of business, the purchaser, transferee or assignee shall at least ten days before taking possession of the subject of the sale, transfer or assignment, or paying therefor, notify the Treasurer by registered or certified mail, return receipt requested, of the proposed sale and of the price, terms and conditions thereof whether or not the seller, transferror or assignor, has represented to or informed the purchaser, transferee or assignee that it owes any tax pursuant to this Local Law, and whether or not the purchaser, transferee or assignee has knowledge that such taxes are owing, and whether any such taxes are in fact owing. d. Whenever the purchaser, transferee or assignee shall fail to give notice to the Treasurer as required by the preceding paragraph or whenever the Treasurer informs the purchaser, transferee or assignee that a possible claim for such tax or taxes exists, any sums of money, property or chooses in action, or other consideration, which the purchaser, transferee or assignee is required to transfer over to the seller, transferror or assignor shall be subject to a first priority right and lien for any such taxes theretofore or thereafter determined to be due from the seller, transferror or assignor to the County, and the purchaser, transferee or assignee is forbidden to transfer to the seller, transferror or assignor any such sums of money, property or chooses in action to the extent of the amount of the County's claim. For failure to comply with the provisions of this subdivision, the purchaser, transferee or assignee, in addition to being subject to the liabilities and remedies imposed under the provisions of article six of the Uniform Commercial Code, shall be personally liable for the payment to the County of any such taxes theretofore or thereafter determined to be due to the County from the seller, transferror, or assignor, and such liability may be assessed and enforced in the same manner as the liability for tax under this Local Law. 502. Penalties and Interest: a. Any person failing to file a return or to pay over any tax to the Treasurer within the time required by this Local Law shall be subject to a penalty of five percent of the amount of tax due for each month or portion thereof during which such tax due shall remain unpaid but in no event shall such penalty exceed twenty-five percent of the tax due; plus interest computed at the rate and in the manner provided in section 924-a of the Real Property Tax Law, but in no event shall such interest be less than one percent of such tax for each month of delay; but the Treasurer, if satisfied that the delay was excusable, may remit all or part of the penalty, but not interest computed at the rate of six percent per year. Such penalties and interest shall be paid and disposed of in the same manner as other revenues of such tax. Unpaid penalties and interest may be enforced in the same manner as the tax imposed by this Local Law. b. Any operator or occupant and any officer of a corporate operator or occupant failing to file a return required by this Local Law, or filing or causing to be filed, or making or causing to be made or giving a causing to be given any return, certificate, affidavit, representation, information, testimony or statement required or authorized by this Local Law, which is willfully false, and any operator and any officer of a corporate operator willfully failing to file a bond required to be filed pursuant to section 405 of this Local Law, or failing to file a registration certificate and such date in connection therewith as the Treasurer may by regulation or otherwise require or to display or surrender the certificate of authority as required by this Local Law or assigning or transferring such certificate of authority and any operator and any officer of a corporate operator willfully failing to charge separately from the rent the tax herein imposed, or willfully failing to state such tax separately on any evidence or occupancy and on any bill or statement or receipt or rent issued or employed by the operator, or willfully failing or refusing to collect such tax from the occupant, and any operator and any officer of a corporate operator who shall refer or cause reference to be made to this tax in a form 291

or manner other than that required by this Local Law, and any operator failing to keep the records required by section 402 of this Local Law, shall, in addition to the penalties herein or elsewhere prescribed, be guilty of a misdemeanor, punishment for which shall be a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both such fine and imprisonment. Officers of a corporate operator shall be personally liable for the tax collected or required to be collected by such corporation under this Local Law, and subject to the penalties herein above imposed. 503. Returns to be Secret: a. Except in accordance with proper judicial order, or as otherwise provided by law, it shall be unlawful for the Treasurer or any officer or employee of the Treasurer to divulge or make known in any manner the rents or other information relating to the business of a taxpayer contained in any return required to be filed pursuant to this Local Law. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding under the provisions of this Local Law, or on behalf of any party to the action or proceeding under the provisions of this Local Law when the proceeding, in either of which events the court may require the production of, and may admit in evidence, so much of said returns or of the fact shown thereby, as are pertinent to the action or proceeding and no more. Nothing herein shall be construed to prohibit the delivery to a taxpayer or his duly authorized representative of a certified copy of any return filed in connection with his tax nor to prohibit the publication of statistics so classified as to prevent the identification of particular returns and the items thereof, or the inspection by the County Attorney or other legal representatives of the County of the return of any taxpayer who shall bring action to set aside or review the tax based thereon, or against whom an action or proceeding has been instituted for the collection of a tax or penalty. Returns shall be preserved for three years and thereafter until the Treasurer permits them to be destroyed. b. Any violation of section 503(a) shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year or both, in the discretion of the court, and if the offender be an officer or employee of the County he shall be dismissed from office and be incapable of holding any public office for a period of five years thereafter. 504. Notices and Limitations of Time: a. Any notice authorized or required under the provisions of this Local Law may be given by mailing the same to the person for whom it is intended in a postpaid envelope addressed to such person at the address given in the last return filed by him pursuant to the provisions of this Local Law, or in any application made by him, or if no return has been filed or application made, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time which is determined according to the provisions of this Local Law by giving the notice shall commence to run from the date of mailing of such notice. b. The provisions of the Civil Practice Law and Rules or any other law relative to limitations of time for the enforcement of a civil remedy shall not apply to any proceeding or action taken by the County to levy, appraise, assess, determine or enforce the collection of any tax or penalty provided by this Local Law. Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of filing of a return; provided, however, that where no return has been filed as provided by law the tax may be assessed at any time. c. Where, before the expiration of the period prescribed herein for the assessment of an additional tax, a taxpayer has consented in writing that such period be extended, the amount of such additional tax due may be determined at any time within such extended period. The period so extended may be further extended by subsequent consents in writing made before the expiration of the extended 292

period. TITLE 600 - DISPOSITION OF REVENUES 601. Disposition of Revenues: All revenues resulting from the imposition of the tax under the local laws shall be paid into the treasury of Livingston County and shall be credited to and deposited in the general fund of such county and shall be available thereafter for the promotion of tourism and tourist attractions in Livingston County, as well as the promotion of tourist attractions in Livingston County, as well as the promotion of tourism and tourist attractions of the larger region of which Livingston County is a part provided that funding for regional promotion shall not exceed fifty percent of the revenue received hereunder in any year and that not more than five percent of such revenue shall be used for the cost of administering such tax. Such promotion may be carried out by an appropriate organization or organizations as designated by the Livingston County Board of Supervisors. TITLE 700 - SEPARABILITY AND EFFECTIVE DATE 701. Separability: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect. 702. Effective Date: This Local Law shall take effect on January 1, 2000, and expire on December 31, 2002, except that the provisions of this Local Law relating to registration and the authority of the Treasurer to adopt regulations and take all necessary action to prepare for the implementation and enforcement of this Local Law shall take effect immediately. Dated at Geneseo, New York October 27, 1999 (Introduced) November 24, 1999 The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

MOTION TO VOTE ON LOCAL LAW NO. H 1999 Mr. Layland moved and Mr. House seconded to call Local Law No. H 1999 to the table.

LOCAL LAW NO. 7 1999 - LOCAL LAW AMENDING LOCAL LAW NO. 2 1998 - INCREASING THE MAXIMUM INCOME ELIGIBILITY FOR TAX EXEMPTION FROM REAL PROPERTY TAXES TO PERSONS WITH DISABILITIES WHO HAVE LIMITED INCOME Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. Section 3 of Local Law No. 2 - 1998 entitled ΑA Local Law Providing a Partial Exemption From Real Property Taxes to Persons with Disabilities Who Have Limited Income≅ is amended to read as follows: Section 3. To be eligible for the exemption authorized by Real Property Tax Law ∋459-c and implemented by this Local Law, the maximum income of such person shall not exceed $13,500.00. Any such person having a higher income shall be eligible for an exemption in accordance with the following schedule: PERCENTAGE ASSESSED ANNUAL INCOME VALUATION EXEMPT FROM TAXATION More than $13,500.00 but less than $14,500.00 45 per centum $14,500.00 or more but less than $15,500.00 40 per centum $15,500.00 or more but less than $16,500.00 35 per centum $16,500.00 or more but less than $17,400.00 30 per centum $17,400.00 or more but less than $18,300.00 25 per centum 293

$18,300.00 or more but less than $19,200.00 20 per centum $19,200.00 or more but less than $20,100.00 15 per centum $20,100.00 or more but less than $21,000.00 10 per centum $21,000.00 or more but less than $21,900.00 5 per centum Section 2. This Local Law shall take affect immediately upon its filing in the Office of the Secretary of State. Dated at Geneseo, New York November 10, 1999 (Introduced) November 24, 1999 The roll was called as follows: Ayes - 1,785; Noes - 0; Absent - Davis, 29; Adopted.

OTHER BUSINESS There was no other business to come before the Board.

ADJOURNMENT UNTIL 7:00 P.M. Motion made by Mr. Moore and seconded by Mr. Layland to adjourn until 7:00 p.m. Carried.

The Board adjourned at 4:31 p.m.

PUBLIC HEARING FOR THE PROPOSED 2000 COUNTY BUDGET WEDNESDAY, NOVEMBER 24, 1999 7:00 P.M.

The Board met pursuant to adjournment.

The roll was called showing all members present except Mr. Davis.

PUBLIC HEARING The Public Hearing on the Proposed 2000 Livingston County Budget was called in accordance with the notices published in the official newspapers as required by Article 7, Section 239 of the County Law.

The County Administrator presented an overview of the Proposed 2000 County Budget. The Chairman announced that he will recognize each person to speak and that person is to come forward to the podium and sign in and limit their comments to two (2) minutes, and anyone who spoke at the session in the afternoon to please refrain from speaking again to provide others the opportunity to speak.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. 1. Debbie Farberman, Genesee Valley School Boards Association - opposed 2. Tim Hayes, resident of Avon and educator - vote yes to rescind Res. No. 99-341 3. Dan Barefoot, President of York Central School Board of Education - rescind Res. No. 99-341 4. Rob Noble, businessman, resident of Linwood - reconsider Res. No. 99-341 5. Maureen McCarren, Member of Livonia Board of Education - opposed 6. Dr. Gregory Liptak, York Central School Board of Education - rescind Res. No. 99-341 7. Donald R. Covell, Dansville Central Interim School Superintendent - opposed 8. Darcy Young, Member of Livonia Board of Education - rescind Res. No. 99-341 9. Joseph Schultz, Jr., resident of Nunda - opposed 10. Rob Lupicella, Avon Elementary School Principal - reconsider Res. No. 99-341 294

11. Craig French, resident of Geneseo - opposed 12. Tom Porter, resident of Piffard - opposed 13. Keith Stein, resident of Caledonia, Livingston County Farm Bureau - rescind Res. No. 99-341 14. Joe Lintner, resident of Leicester - opposed 15. Terry Manavelle, resident of Leicester - rescind Res. No. 99-341 16. Ted Universal, resident of Geneseo - opposed 17. Larry Kelley, Avon Central Director of Pupil Services and Chairman of Livingston County Youth Bureau - reconsider Res. No. 99-341 18. Anne Mosher, Teacher of Livonia Central School - opposed 19. Harold Long, resident of Mt. Morris - opposed 20. Don Halstead, resident of Geneseo - opposed

The Chairman asked if anyone else from the public wished to speak. No one wished to speak. The Chairman asked if any Supervisor would like to comment.

Caledonia Supervisor James Layland explained that changes have occurred over the last forty years and they will continue to change. Mr. Layland continued to explain that he did not think students are short changed in this County and announced that he would not be changing his mind with regard to Res. No. 99-341.

Livonia Supervisor Timothy R. Wahl stated he is not proud by the way the Board of Supervisors handled the enactment of Res. No. 99-341. Mr. Wahl suggested to organize a team between the schools and local government to discuss this matter. Mr. Wahl stated he believed the Board should go forward with the vote on the 2000 Livingston County Budget, and review the impact of Res. No. 99-341 for the year 2001.

County Administrator Dominic F. Mazza stated that this is the first time in his eleven years that this many people have attended the Budget Public Hearing, and he stated that this is a positive sign that people are interested. He summarized the unfunded mandates that the County is facing and their impact. He suggested that the schools and the County should begin dialogue because he is sure there will be more mandates in the future. The County Administrator explained that the County is responsible for many situations regarding children and some are not pleasant. In addition, he mentioned that the County is financially responsible for other programs such as caring for the frail and elderly, home-delivered meals, preschool handicapped program, etc. The County eliminated the K-9 unit due to cost and referred to a letter from Livonia Central School Superintendent requesting to reinstate the K-9 unit irregardless of cost. The County Administrator stated that years ago there was good collaboration and it is time that we sit down and communicate with each other to determine what we can do with this situation to make it better.

Leicester Supervisor Moore thanked those employees who work in the nursing homes and on Road Patrol, and in the Jail and stated that there are other levels of government that this Board must consider.

Springwater Supervisor Howard J. Kramer stated that he still believes the schools should receive 1/3 of the sales tax revenue.

CLOSE PUBLIC HEARING The Chairman asked if anyone else wished to speak at this time. The Chairman declared the public hearing closed.

Lima Supervisor Lance H. Bassage questioned the meaning of the motion that is on the floor. The County Administrator stated that the motion is to bring Res. No. 99-341 back for discussion.

York Supervisor Dennis R. House questioned exactly what the Board would be reconsidering if the motion is 295 adopted. He explained that the County does not have the authority to raise the sales tax to 8%. The State Legislature is the body that must authorize this action.

Lima Supervisor Lance H. Bassage stated he has heard a lot of persuasive arguments from the school districts but very few average citizens have spoken. Mr. Bassage stated that he realizes that the County must adopt the Budget.

MOTION: Mr. Layland moved and Mr. Jaeger seconded to table the motion made in the afternoon session indefinitely. The roll was called as follows: Ayes - 1,561; Noes - Olverd, 146; Kramer, 78 Total 224; Absent - Davis, 29 Adopted.

Avon Supervisor Daley agreed that there is a need to schedule a meeting with the schools to begin discussion on this matter.

Mt. Morris Supervisor Olverd stated that the Board should have given the schools ample time to review this matter.

Chairman Merrick questioned whether the general consensus of the Board was to form a Task Force to discuss this matter, and he asked, if so, when would the Board want to do this. The consensus was to form a County/School Task Force with the schools and to convene a meeting in December 1999.

MOTION: Supervisor Daley moved and Supervisor Layland seconded to direct the Chairman of Finance & Administration Committee and the County Administrator to report back to the Board of Supervisors on the progress of the County/School Task Force Committee. Carried.

The County Administrator stated that a Committee will be formed including representatives from the County and the School Districts.

RESOLUTION NO. 99 - 385. ADOPTING BUDGET FOR FISCAL YEAR 2000 Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Tentative Budget for the County of Livingston for the year 2000, is hereby approved and adopted as the final budget for the County of Livingston for the year 2000. Dated at Geneseo, New York November 24, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,561; Noes - Olverd, 146; Kramer, 78; Total 224; ; Absent - Davis, 29; Adopted.

RESOLUTION NO. 99 - 386. APPROPRIATIONS OF 2000 ADOPTED BUDGET Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the adopted Livingston County Budget for the year 2000, be appropriated by the County Treasurer as amended. Dated at Geneseo, New York November 24, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,639; Noes - Olverd, 146; Absent - Davis, 29; Adopted.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Daley to adjourn until Wednesday, December 8, 1999 at 1:30 296 p.m. Carried.

The Board adjourned at 8:54 p.m.

297

REGULAR BOARD MEETING WEDNESDAY, DECEMBER 8, 1999 1:30 P.M. The Board met pursuant to adjournment.

The roll was called showing all members except Mr. Olverd.

The Pledge of Allegiance.

MINUTES Minutes of 11/24/99 Regular Board Meeting were approved as presented.

PUBLIC HEARING - 1:35 P.M. The Public Hearing to receive comments on Local Law No. I 1999 Providing Salaries for Certain County Officers for the Year 2000 was called in accordance with the notice published in the official newspapers.

Mr. Moore explained that the Personnel & Employee Relations Committee recommends the salary increases provided for certain county officers.

The Chairman announced that any person wishing to be heard would have the opportunity to do so at this time. No one responded.

The Chairman stated that the Public Hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Correspondence from NYSAC regarding Pre-K Lawsuit - The County Administrator explained that NYSAC canvassed all counties in New York State asking whether they wish to participate as a direct party in a lawsuit against the State with respect to implementation of the Federal Individuals with Disabilities Education Act (IDEA). On behalf of the County, the County Administrator informed NYSAC that Livingston County does wish to participate.

Mr. Olverd entered.

RESOLUTION NO. 99 - 387. ABSTRACT OF CLAIMS #12A - DECEMBER 8, 1999 RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #12A dated December 8, 1999 in the total amount of $881,995.87. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

PRIVILEGE OF THE FLOOR 1. Supervisor Essler introduced Nunda Supervisor Elect Philip Brooks and stated that Mr. Brooks will do a fine job in his role as Supervisor. 2. Supervisor Kramer introduced Springwater Supervisor Elect Mark Walker and stated that Mr. Walker has a diversified work experience which will be an asset to the County.

PREFERRED AGENDA 298

RESOLUTION NO. 99 - 388 DECLARING SURPLUS PROPERTY - COUNTY CLERK, PUBLIC HEALTH, REAL PROPERTY TAX SERVICE WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: COUNTY CLERK One (1) Lanier Tabletop copier Model 6112 Serial #551656 One (1) Lanier Tabletop copier Model 6112 Serial #551645 One (1) Xerox copier Model 5322 Serial #1M2469398

PUBLIC HEALTH Computer, Leading Edge WinPro 486 Model #Win0104VL Serial Number 0047040721436 Color Monitor, US Logic SVGA- #VM3000 Serial Number R9352519-ID# GKR4474A REAL PROPERTY TAX SERVICE One (1) Harris 3M copier Model 6215 Serial Number 26802545

Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 389. PROCLAIMING THE WEEK OF JANUARY 23-29, 2000 TOBACCO FREE AWARENESS WEEK WHEREAS, more than 434,000 Americans die each year from tobacco related illnesses, and WHEREAS, cigarette smoking is the single most preventable cause of premature death and second-hand smoke is the third leading cause of preventable death in the United States, and WHEREAS, the New York State Department of Health sponsors the last week of January as Tobacco Free Awareness Week, and WHEREAS, the goal of the Livingston County Tobacco Control Coalition is to reduce the use of tobacco and exposure to secondhand smoke in Livingston County through activities which encourage prevention and cessation, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaim the week of January 23-29, 2000 to be Tobacco Free Awareness Week. Dated at Geneseo, New York December 8, 1999 Health Committee

PREFERRED AGENDA VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the preferred Agenda. Motion made by Mr. Layland and seconded by Mr. House to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 390. AWARDING BID FOR CUSTODIAL SERVICES - GOVERNMENT CENTER, COURT HOUSE, CAMPUS 299

Mr. Olverd presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for custodial services for the Livingston County Government Center, Livingston County Court House and portions of the Livingston County Campus, three bids were received, then opened on November 3, 1999, now, therefore, be it RESOLVED, that the bid of Service Master of 161 Main Street, Mt. Morris, NY 14510, in an amount not to exceed Twelve Thousand Three Hundred Eighteen Dollars ($12,318.00) per month, be and hereby is accepted as the lowest responsible bid commencing January 1, 2000 and terminating December 31, 2001 with a one-year renewal option to end December 31, 2002, and, it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign said contract, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York December 8, 1999 Central Services & Consumer Affairs Committee The roll was called as follows: : Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 391. NAMING THE ROAD ACCESSING WEATHERIZATION STORAGE BUILDING FROM MURRAY HILL DRIVE AND NAMING THE ROAD ACCESSING THE AL LORENZ PARK Mr. Olverd presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby names the road accessing the Weatherization Storage Building from Murray Hill Drive as Storage Road, and it is further RESOLVED, that the Livingston County Board of Supervisors hereby names the road accessing the Al Lorenz Park as Al Lorenz Lane. Dated at Geneseo, New York December 8, 1999 Central Services & Consumer Affairs Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 392. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, INFORMATION & TECHNOLOGY SERVICES, OFFICE FOR THE AGING, PUBLIC HEALTH, TOURISM Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 393. AUTHORIZING RELEVY OF RETURNED SCHOOL TAXES Mr. Derrenbacher presented the following resolution and moved its adoption: The County Treasurer, to whom all school districts comprising lands in Livingston County upon which taxes remain unpaid must make a return of such unpaid taxes on or before November 15th of each year in accordance with the Education Law, reports that the total of such returns as adjusted made to her covering unpaid 1999 school taxes amount to $2,872,675.06. Since the receipt of such returns, the County Treasurer has collected the sum of $510,222.82, leaving a balance of $2,362,452.24 as of November 30, 1999, which is the last day of school tax collection by the County. A RELEVY figure including the seven percentum required to be added, of $2,527,823.92 300 will be added to the 2000 Town and County tax rolls. TOWN DISTRICT AMOUNT TOTAL

AVON AVON CENTRAL 339,605.64 LIVONIA CENTRAL 8,203.70 HONEOYE FALLS/LIMA 10,030.71 TOWN TOTAL 357,840.05

CALEDONIA LEROY CENTRAL 0.00 PAVILION CENTRAL 0.00 AVON CENTRAL 9,005.80 CALEDONIA CENTRAL 135,870.57 WHEATLAND/CHILI 294.95 TOWN TOTAL 145,171.32

CONESUS LIVONIA CENTRAL 170,336.11 DANSVILLE CENTRAL 8,729.76 WAYLAND CENTRAL 1,115.85 TOWN TOTAL 180,181.72

GENESEO GENESEO CENTRAL 215,497.60 LIVONIA CENTRAL 15,469.77 TOWN TOTAL 230,967.37

GROVELAND GENESEO CENTRAL 83,530.90 MT. MORRIS CENTRAL 2,488.42 DANSVILLE CENTRAL 288.42 TOWN TOTAL 86,307.74

LEICESTER MT. MORRIS CENTRAL 0.00 YORK CENTRAL 87,797.65 PERRY CENTRAL 7,690.99 TOWN TOTAL 95,488.64

LIMA AVON CENTRAL 1,347.81 LIVONIA CENTRAL 16,650.30 HONEOYE FALLS/LIMA 147,812.04 TOWN TOTAL 165,810.15

LIVONIA LIVONIA CENTRAL 317,615.41 HONEOYE FALLS/LIMA 8,892.86 HONEOYE CENTRAL 637.62 TOWN TOTAL 327,145.89

MT. MORRIS MT. MORRIS CENTRAL 157,714.27 KESHEQUA CENTRAL 38,770.90 301

TOWN TOTAL 196,485.17

NORTH DANSVILLE DANSVILLE CENTRAL 177,824.89 TOWN TOTAL 177,824.89

NUNDA KESHEQUA CENTRAL 95,000.76 TOWN TOTAL 95,000.76

OSSIAN CANASERAGA CENTRAL 3,377.82 DANSVILLE CENTRAL 53,354.29 TOWN TOTAL 56,732.11

PORTAGE KESHEQUA CENTRAL 50,909.76 TOWN TOTAL 50,909.76

SPARTA GENESEO CENTRAL 648.92 DANSVILLE CENTRAL 81,336.47 TOWN TOTAL 81,985.39

SPRINGWATER DANSVILLE CENTRAL 3,997.58 NAPLES CENTRAL 2,141.56 WAYLAND CENTRAL 81,215.79 LIVONIA CENTRAL 3,691.25 TOWN TOTAL 91,046.18

WEST SPARTA DANSVILLE CENTRAL 80,609.83 KESHEQUA CENTRAL 2,417.81 TOWN TOTAL 83,027.64

YORK PAVILION CENTRAL 4,141.59 YORK CENTRAL 101,688.72 AVON CENTRAL 68.83 TOWN TOTAL 105,899.14

TOTAL $2,527.823.92

RESOLVED, that the director of Real Property Tax Services Agency be directed to add to the tax rolls of the several towns, the total amount to be relevied against the properties which taxes were originally levied and include the proper amount in the 2000 warrants for the respective towns.

Dated at Geneseo, New York December 8, 1999 302

Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 394. AUTHORIZING RELEVY OF UNPAID VILLAGE TAXES Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Director of Real Property Tax Service Agency be directed to add to the tax rolls of the several towns, the total amount indicated to be relevied against the properties which such taxes were originally levied upon and include the proper total in the 2000 warrants for the respective towns: 303

TOWNS VILLAGES AMOUNT Caledonia Caledonia 28,212.69

Geneseo Geneseo 34,986.96

Leicester Leicester 4,401.80

Lima Lima 12,685.43

Livonia Livonia 38,015.23

Mt. Morris Mt. Morris 53,557.28

North Dansville Dansville 97,499.31

Nunda Nunda 16,996.15

TOTAL $286,354.85

Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 395. DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES AND UNPAID SEWER CHARGES ON 2000 TOWNS OF GENESEO AND YORK TAX ROLL Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Town Supervisors of Geneseo and York, pursuant to Section 198 of the Town Law, have reported to this Board a statement of unpaid water and sewer charges in the Geneseo Water Districts # 1, 2 and 3 and Sewer District #1 and York Water District # 1 and 2 and Retsof Sewer District, and WHEREAS, such statement of unpaid charges is on file with the Clerk of this Board, now, therefore, be it RESOLVED, that pursuant to Section 198 of the Town Law, the Real Property Tax Director be, and he hereby is, authorized and directed to levy the sum stated in said statements against property liable, and state the amounts of the tax in a separate column in the 2000 Towns of Geneseo and York tax roll under the name of "Water Rents" and "Sewer Rents". Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 396. DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES ON 2000 TOWNS OF AVON, CALEDONIA, GROVELAND, LEICESTER, LIMA, LIVONIA, MT. MORRIS AND SPRINGWATER TAX ROLLS Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Town Supervisors of Avon, Caledonia, Groveland, Leicester, Lima, Livonia, Mt. Morris and Springwater, pursuant to Section 198 of the Town Law, have reported to this Board a statement of unpaid water charges in the Avon, Caledonia, Groveland, Leicester, Lima, Livonia, Mt. Morris and Springwater Water Districts, and 304

WHEREAS, such statements of unpaid charges are on file with the Clerk of this Board, now, therefore, be it RESOLVED, that pursuant to Section 198 of the Town Law, the Real Property Tax Director be, and he hereby is, authorized and directed to levy the sum stated in said statements against property liable, and state the amounts of the tax in a separate column in the 2000 Towns of Avon, Caledonia, Groveland, Leicester, Lima, Livonia, Mt. Morris and Springwater tax roll under the name of "Water Rents". Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee Supervisor Olverd questioned how this report is submitted because he was not aware of this report. The County Administrator explained that the Village submits this report on behalf of the Town. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 -397. PROVIDING FOR 2000 APPORTIONMENT OF COUNTY TAXES Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Finance and Administration Committee submits the following table, based on assessed full valuation for the various towns of the County: See Next Page now, therefore be it RESOLVED, that these figures be approved as a basis for the apportionment of taxes for State and County purposes, and be it further RESOLVED, that the figures in the columns containing an apportionment of General Taxes be confirmed and that the figures be used in the forthcoming tax levy. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. RESOLUTION NO. 99 - 398. APPOINTING TRUSTEE FOR THE LIVINGSTON COUNTY DEFERRED COMPENSATION PROGRAM Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, County Treasurer Arlene Johnston is currently named the Trustee for the Livingston County Deferred Compensation Program and she will be retiring effective January 1, 2000, it is hereby RESOLVED, that Carolyn Taylor be named as the Trustee for the Livingston County Deferred Compensation Program effective January 1, 2000. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 399. AUTHORIZING A CONTRACT WITH STUART I. BROWN ASSOCIATES, INC. FOR GRANTSMAN SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the County of Livingston enter into an Agreement with Stuart I. Brown Associates, Inc. for procuring and processing grants in aid for Livingston County, to commence January 1, 2000 and terminate December 31, 2001 and the contract price per day shall be Five Hundred Twenty Five Dollars ($525.00) for 2000 and Five Hundred Fifty One Dollars and Twenty Five Cents ($551.25) for 2001, and it is further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to execute an agreement with Stuart I. Brown Associates, Inc., subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York December 8, 1999 305

Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 400. ACCEPTING DONATIONS TO LIVINGSTON COUNTY MENTAL HEALTH Mr. Derrenbacher presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors accepts the following donations from: Agnes H. Predmore, 6117 Austin Road, Newark, NY 14513 $25.00 In memory of Lewis Predmore Margaret H. Booska, 5601 Megan Drive, Geneseo, NY 14454 $5.00 York-Leicester Towners Senior Citizens $25.00 Given to Cathy Dale after she spoke to a Senior Citizen=s Group and it is further RESOLVED, that the County Treasurer is hereby authorized to accept said donations and make the following transfers: FROM: 4310.2705 Estimated Revenues (Donations) $55.00 TO: 4310.4060 Office Supplies $55.00 Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 401. INCREASING PETTY CASH FOR LIVINGSTON COUNTY MENTAL HEALTH SERVICES Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, Livingston County Mental Health Services is in need of $1,000.00 of additional funds to cover cash transactions for assistance to SPMI & SED clients and agency needs for postage and training registration fees, it is hereby RESOLVED, that the petty cash amount for Livingston County Mental Health Services be increased from $2,500.00 to $3,500.00. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 402. AUTHORIZING WITHDRAWAL FROM THE E. J. LINDSAY MEMORIAL FUND - GENESEO SNF Mr. Derrenbacher presented the following resolution and moved its adoption: WHEREAS, the Geneseo Skilled Nursing Facility desires to have a holiday party and funds are necessary to hire a band, it is hereby RESOLVED, that the County Treasurer is hereby authorized to withdraw Three Hundred Dollars ($300.00) from the E. J. Lindsay Memorial Fund and pay it to the Geneseo Skilled Nursing Facility for the above purpose. Dated at Geneseo, New York December 8, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 403. APPROVING A CONTRACT BETWEEN THE COUNTY OF LIVINGSTON AND HILLSIDE CHILDREN===S CENTER FOR 306

CHILDREN===S DAY TREATMENT PROGRAM AT BOCES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that a contract between the County of Livingston and Hillside Children=s Center for Children=s Day Treatment Program at BOCES for the period commencing September 1, 1999 and terminating August 31, 2000, is hereby approved and ratified, and the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute same, after review by the County Administrator and the County Attorney. Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 404. ESTABLISHING THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH CERTIFIED HOME HEALTH AGENCY FEES FOR 2000 Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after a review of the Agency's 1999 projected cost/unit of service, the estimated cost/unit of service, the Medicare and Medicaid cost limits, as well as the estimated 2000 Medicaid Rates, it has been determined that the 2000 Agency charge structure, to maximize all 2000 third-party revenue, should be increased in some areas from 1999, now, therefore be it RESOLVED, that the following schedule of charges for the Livingston County Certified Home Health Agency be effective January 1, 2000: DISCIPLINE BILLING 1995 1996 1997 1998 1999 2000 Skilled Nursing Per Visit $82.00 $82.00 $82.00 $82.00 $82.00 $85.00 Physical Therapy Per Visit 61.00 61.00 61.00 70.00 70.00 83.00 Speech Pathology Per Visit 76.00 83.00 83.00 83.00 83.00 83.00 Occupational Therapy Per Visit 66.00 66.00 66.00 66.00 66.00 83.00 Medical Social Services Per Visit 63.00 63.00 63.00 83.00 83.00 83.00 Home Health Aide Per Hour 54.00 54.00 54.00 54.00 54.00 54.00 Nutrition 120.00 Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 405. AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS CONTRACTS FOR LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT - (1) New York State Department of Health for the Immunization Action Plan; (2) Village Pharmacy for Pharmaceutical Services; (3)New York State Department of Health for the Healthy Heart Promotion Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts for the Livingston County Public Health Department according to the terms designated, subject to review by the County Attorney and County Administrator: CONTRACT TERM (1) New York State Department of Health for the Immunization Action Plan 11/1/99 - 10/31/2003 (2) Village Pharmacy for Pharmaceutical Services 11/20/99 - 11/19/2001 (3) New York State Department of Health for the Healthy Heart Promotion 10/1/99 - 3/31/2004 307

Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 406. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN HOME HEALTH AIDE CONTRACTS FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH, CERTIFIED HOME HEALTH AGENCY Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign Contracts between the County of Livingston and Aide agencies listed below for Aide services in the Certified Home Health Agency, all commencing on 1/1/2000 and terminating on 12/31/2000, subject to review by the County Attorney and County Administrator. Cost Unit GENESEE-ORLEANS HOMEMAKERS, INC. Home Health Aide $ 13.06 per hour Holiday HHA Rate 19.59 per hour PCA N/A Holiday PCA N/A Not Home Not Found Visits 13.06 per hour

HOME AND HEALTH CARE SERVICES Home Health Aide $14.05 per hour Holiday HHA Rate 14.05 per hour PCA N/A Holiday PCA N/A Not Home Not Found Visits 3.51 15 min. RN N/A RN Holiday Rate N/A LPN N/A LPN Holiday Rate N/A

UNLIMITED CARE, INC. Home Health Aide 13.94 per hour Holiday HHA Rate 18.94 per hour

Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 407. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN HOME HEALTH AIDE CONTRACTS FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH, HOSPICE PROGRAM Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign Contracts between the County of Livingston and Aide agencies listed below for Aide services in the Hospice Program, all commencing on 1/1/2000 and terminating on 12/31/2000, subject to review by the County Attorney and County Administrator. 308

Cost Unit GENESEE-ORLEANS HOMEMAKERS, INC. Home Health Aide $ 13.06 per hour Holiday HHA Rate 19.59 per hour PCA N/A Holiday PCA N/A Not Home Not Found Visits 13.06 per hour

HOME AND HEALTH CARE SERVICES Home Health Aide $14.05 per hour Holiday HHA Rate 14.05 per hour PCA N/A Holiday PCA N/A Not Home Not Found Visits 3.51 15 min. RN N/A RN Holiday Rate N/A LPN N/A LPN Holiday Rate N/A

UNLIMITED CARE, INC. Home Health Aide 13.50 per hour Holiday HHA Rate 18.50 per hour PCA 11.55 per hour Holiday PCA 16.55 per hour Not Home Not Found Visits 0 RN 26.50 per hour RN Holiday Rate 39.75 per hour LPN 23.25 per hour LPN Holiday Rate 34.75 per hour Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 408. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT ADDENDUM BETWEEN THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH, CERTIFIED HOME HEALTH AGENCY AND HOSPICE PROGRAMS AND DAVID BELL FOR SPEECH THERAPY SERVICES Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an addendum to the present contract between the Livingston County Department of Health, Certified Home Health Agency and Hospice Programs and David Bell of 173 Sweet Acres Drive, Rochester, NY for speech therapy services, extending the contract termination date to 7/31/2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted. 309

RESOLUTION NO. 99 - 409. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A CONTRACT BETWEEN THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF HEALTH FOR SOURCE WATER ASSESSMENT PROGRAM APPLICATION AND AGREEMENT Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign an application and agreement between the Livingston County Department of Health and the New York State Department of Health for the Source Water Assessment Program, commencing on April 1, 1999 and terminating on March 31, 2001, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 410. AWARDING BID FOR RESIDENTS ROOM FURNISHINGS FOR THE LIVINGSTON COUNTY HEALTH CARE FACILITIES Mr. Bassage presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement for bids for resident room furnishings for the Livingston County Health Care Facilities, nine (9) bids were received, then opened on November 8, 1999, now, therefore, be it RESOLVED, that the bid of Sterling Health Care Interiors, a division Sterling Textile & Drapery, Inc. of 13825 Parks Steed, Earth City, MO 63045, in an amount not to exceed Five Thousand Seven Hundred Thirty Nine Dollars and Ninety Nine Cents ($5,739.99) for Ten (10) Wardrobes and Nineteen (19) Side Chairs, be and hereby is accepted as the lowest responsible bid, and, it is further RESOLVED, that the bid of Health Tech Products, d/b/a Invacare Continuing Care Group of 739 Goddard Avenue, Chesterfield, MO 63005, in an amount not to exceed Twenty Three Thousand Two Hundred Seventy Five Dollars and Seventy Two Cents ($23,275.72) for Fifty Two (52) Manual Beds, be and hereby is accepted as the lowest responsible bid, and, it is further RESOLVED, that the bid of Simmons Healthcare of 2935 Northeast Parkway, Atlanta GA 30360, in an amount not to exceed Fourteen Thousand Eight Hundred Fifty Five Dollars and Seventy Cents ($14,855.70) for One Hundred Fifteen (115) Nightstands, be and hereby is accepted as the lowest responsible bid, and, it is further RESOLVED, that the bid of Direct Supply of 6767 North Industrial Road, Milwaukee, WI 53223 , in an amount not to exceed Nine Thousand Four Hundred Forty Dollars and Seventy Eight Cents ($9,440.78) for Twenty (20) Overbed Tables and Twenty Two (22) Table Tops (square with base), be and hereby is accepted as the lowest responsible bid, and, it is further RESOLVED, that the bid of Aken Industries, Inc., of P. O. Box 1217, Old Forge, NY 13420, in an amount not to exceed Two Thousand Nine Hundred Sixty Six Dollars and Twenty Four Cents ($2,966.24) for Eight (8) Table Bases and Eight (8) Table Tops (round), be and hereby is accepted as the lowest responsible bid, and it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign said contracts, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York December 8, 1999 Health Committee Supervisor Davis questioned whether all the furniture is being replaced. Frank Bassett, Sr. Nursing Home Administrator, explained that this is the second of three phases for the purchase of furnishings for residents= rooms as part of the capital improvement project. The 2000 Budget includes funding for additional furnishings. The County Administrator announced that the items that will be replaced will be declared surplus property and any town 310 wishing to take ownership may do so. The County makes an effort to give the items to an agency that sends the furniture over seas. The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 411. AUTHORIZING A CONTRACT WITH THE DEPARTMENT OF VETERANS AFFAIRS FOR THE PROVISION OF LONG TERM HEALTH CARE PROGRAM SERVICES TO BENEFICIARIES OF THE DEPARTMENT OF VETERANS AFFAIRS FOR LIVINGSTON COUNTY SKILLED NURSING FACILITY - GENESEO Mr. Bassage presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract between the Department of Veterans Affairs for the Provision of Long Term Health Care Program Services to Beneficiaries of the Department of Veterans Affairs for Livingston County Skilled Nursing Facility - Geneseo, commencing on January 1, 2000 and terminating on December 31, 2000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 8, 1999 Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 99 - 412. AUTHORIZING THE CHAIRMAN TO SIGN A QUIT CLAIM DEED AND RELATED DOCUMENTS TO TRANSFER A PARCEL ON WEST LAKE ROAD Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the State of New York has previously discontinued maintenance of certain portions of West Lake Road, and WHEREAS, the Superintendent of Highways has determined that the following parcel of property is of no further use for highway purposes for the County of Livingston, and WHEREAS, the Superintendent of Highways has recommended that the following parcel be abandoned to the adjoining landowner, now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a quit claim deed and related documents to transfer the following parcel to the party listed upon payment to the County of Livingston of $100.00: Donald G. & Frances O. Smith All that tract or parcel of land situate in the Town of Geneseo and the Town of Livonia, County of Livingston, State of New York bonded and described as follows: Commencing at a point on the easterly highway right of way line of West Lake Road, Scottsburg-Upper Lakeville, Part 2, NYS Route 256, S.H. No. 8397, said point being 27.49 feet easterly, measured at right angles, from base line Station 361 + 74.43, said point also being on the retention and new highway line, as shown on discontinuance maps by the NYS Department of Transportation, Sheet 10 of 10, Parcel 10C, dated April 11, 1990 and approved April 13, 1990; thence 3) South 57Ε 30' 00" East and along the westerly extension of the northerly line of lands conveyed to Donald G. Smith and Frances O. Smith (Ref. Liber 374 of Deeds at page 1041) and (Liber 900 of Deeds at page 212), said line also being the southerly line of lands now or formerly of James C. Yasso and J. Marilyn Yasso (Liber 398 of Deeds at page 1035) for a distance of 60.55 feet to a point marked by an iron pipe on the former easterly highway line of the Old West Lake Road as shown on the Department of Transportation Discontinuance Maps; thence 4) South 17Ε 04' 09" West and along the former easterly highway line of Old West Lake Road, said line being the easterly line of the discontinuance parcel for a distance of 56.63 feet to a point; thence 5) North 57Ε 30' 00" West and along the westerly extension of the southerly line of lands of said Smith for a 311

distance of 59.67 feet to a point marked by an iron pipe on the new highway line and retention line, as shown on said discontinuance maps; thence 6) North 16Ε 12' 45" East and long said new highway line and retention line for a distance of 56.87 feet to the point of beginning. Containing: 0.075 acres between the new highway line and retention and the discontinuance line. Dated at Geneseo, New York December 8, 1999 Highway & Public Works Committee Health Committee The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

CLOSE PUBLIC HEARING The Chairman asked if anyone else wished to speak at this time. No one wished to speak. The Chairman declared the public hearing closed.

MOTION TO VOTE ON LOCAL LAW NO. I - 1999 Mr. Bassage moved and Mr. Layland seconded to call Local Law No. I 1999 to the table. Carried.

LOCAL LAW NO. I - 1999 - COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2000 BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF LIVINGSTON AS FOLLOWS: Section 1. Effective as hereinafter provided, the annual salary for each of the two Commissioners of Elections shall be increased by $1,650.00. Section 2. Effective as hereinafter provided, the annual salary of the Commissioner of Social Services shall be increased by $5,775.00 ($3,000 of the salary increase represents compensation in lieu of a County vehicle previously provided for the Commissioner). Section 3. Effective as hereinafter provided, the annual salary of the Director of Real Property Tax Services shall be increased by $2,025.00. Section 4. Effective as hereinafter provided, the annual salary of the County Highway Superintendent shall be increased by $2,225.00. Section 5. All salaries set forth herein shall be effective as of January 1, 2000. Section 6. This Local Law shall take effect on the date of filing in the Office of the Secretary of State of the State of New York. Section 7. This Local Law is subject to permissive referendum. Dated at Geneseo, New York November 24, 1998 (Introduced) December 8, 1999 The roll was called as follows: Ayes - 1,814; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS 1. Avon Supervisor Daley, Chairman of Public Safety & Criminal Justice Committee, announced that the Committee will be reviewing the organization of the Traffic Safety Board and noted that a draft copy of a Local Law is on the desk of each Supervisor for their review. Mr. Daley stated that the reappointments to the Traffic Safety Board will be withheld until the Local Law is adopted. This Local Law will be introduced at the December 22, 1999 Board meeting. The County Attorney stated that the Vehicle Traffic Safety Law Article 43 outlines the organization and responsibilities of the Traffic Safety Board and the current bylaws of the Livingston County Traffic Safety Board are not in compliance with this law. 312

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Derrenbacher to adjourn until Wednesday, December 22, 1999 at 1:30 p.m. Carried.

The Board adjourned at 2:24 p.m..

313

REGULAR BOARD MEETING WEDNESDAY, DECEMBER 22, 1999 1:30 P.M. The Board met pursuant to adjournment.

The roll was called showing all members except Mr. Derrenbacher and Mr. Jaeger.

The Pledge of Allegiance.

MINUTES Minutes of 12/08/99 Regular Board Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from Joan Ellison for flowers sent in memory of her mother 2. Letter from Assemblyman Daniel J. Burling writing in support of the Town of York’s application for Environmental Bond Act funding to construct a wastewater system to serve the Hamlet of York 3. Letter from Michael Smith, President of Genesee Valley Board of Realtors opposing the withholding of the sales tax revenue to the schools 4. Year 2000 NYSAC Legislative Conference, January 30-February 1, 2000 at the Desmond Americana. If you plan to attend please inform Virginia as soon as possible. Registration deadline is January 8, 2000. 5. Thank you note from County Treasurer Arlene Johnston for the retirement gifts. 6. Correspondence from NYSAC regarding Pre-K Litigation, and the Health Care Reform Act of 1996. The County Administrator explained that NYSAC is working hard to protect the Counties on this matter. 7. Abstract for 2000 for each Town 8. Valuations and Rates for 2000 Town Tax Rolls 9. Local Law No. F 1999 - Establishing Penalties and Procedures for Security Alarm Devices, introduced on October 13, 1999 and referred back to Committee presented in final form, reintroduce in January.

RESOLUTION NO. 99 - 413. ABSTRACT OF CLAIMS #12B - DECEMBER 22, 1999 RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #12B dated December 22, 1999 in the total amount of $1,717,689.15. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26; Adopted.

PRIVILEGE OF THE FLOOR 1. Peggy Grayson, Recycling Administrator of GLOW Solid Waste, proudly announced that GLOW was the recipient of the Governor’s Award for Excellence in Recycling, Reuse and Reduction for the year 1999. 2. Kevin Niedermaier, Emergency Management Services Director, provided a Y2K update, and he reassured the Board that there should be a smooth transition on the eve of December 31, 1999.

PREFERRED AGENDA 314

RESOLUTION NO. 99 - 414. PROVIDING LEVY FOR TOWN BUDGETS FOR 2000 WHEREAS, the Finance & Administration Committee respectfully reports that it has examined the reports, resolutions and communications referred to the Committee from seventeen Towns of the County relating to the amounts necessary to be raised by Tax Levy for the purpose of meeting town charges in such Towns, and that the several amounts herein stated are required for the purpose as set forth by the Towns of the County:

See Next Page 315 316

it is hereby RESOLVED, that the several amounts shown in this report as necessary to be raised by the several Towns in Livingston County for the purpose of meeting Town expenses, be levied and assessed upon the taxable property of the respective Towns as indicated, and that the amounts when collected shall be paid over to the Supervisor of the Town to be paid out by him/her according to law. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 415. ADOPTING TOWN BONDED INDEBTEDNESS REPORTS WHEREAS, the Finance & Administration Committee respectfully reports that it has examined the report for Town Bonded Indebtedness referred to the Committee from each of the seventeen Towns of the County:

1999 REPORT OF TOWN BONDED INDEBTEDNESS INCLUDING SPECIAL DISTRICTS

PURPOSE OR DUE IN NEXT TITLE OF METHOD OF RATE OF FISCAL YEAR UNPAID TOWN OBLIGATIONS PAYMENT INTEREST 2000 BALANCE

AVON Water Tank Serial Bond 5.0% $18,000 $120,000 Town Highway Facility Serial Bond 5.3% $58,620 $540,000 TOTAL $76,620 $660,000

CALEDONIA Water District #1 Water Line Serial Bond 4.9 % $9,287.50 $85,000

CONESUS 1998 CAT Wheel Loader BAN 3.95% $32,050 $160,248.60

GENESEO Long Point Park Serial Bond 6.45% $50,000 $300,000 Water District #2 Serial Bond 4.4% $60,000 $1,220,000 Water District #1 Serial Bond 4.4% $40,000 $720,000 TOTAL $150,000 $2,240,000

GROVELAND Gravel Pit BAN 3.74% $10,000 $80,000 Roof BAN 3.95% $7,500 $45,000 Water District BAN 4.23% $36,940 1,034,320 Truck BAN 3.84% $20,000 $80,000 TOTAL $74,440 $1,293,320

LEICESTER None None - - -

LIMA Water District #2 Serial Bond 7.00% $6,000 $124,000 Water District #1 Serial Bond 7.20% $2,000 $8,000 Town Hall Building & Recon. Serial Bond 7.20% $23,000 $92,000 TOTAL $31,000 $224,000

LIVONIA S. Livonia Water District Serial Bond 5.00% $1,000 $24,000 Livonia Center Water District Serial Bond 5.00% $4,000 $52,000 S. Livonia District Improvements Serial Bond 5.125% $6,000 $170,300 Lakeville District Improvements Serial Bond 4.875% $41,400 $1,419,000 East Lake Road Water District Serial Bond 4.40% $85,000 $2,080,000 Bay Additions to Highway Garage BAN N/A $36,000 $36,000 317

Cold Storage Building BAN N/A $9,000 $18,000 Excavator BAN 3.85 $20,000 $60,000 Truck BAN N/A $19,600 $78,000 TOTAL $222,000 $3,938,000

MT. MORRIS Water District #1 BAN 3.68% $4,000 $53,000 1999 Excavation BAN 3.72% $100,000 $100,000 TOTAL $104,000 $153,000

NORTH DANSVILLE 1999 Ford Truck BAN 4.18% $20,000 $8,000 1996 Ford Truck BAN 3.85% $12,000 - 0- 1994 Ford Truck BAN 4.14% $8,000 - 0 - Renovation & Addition to Town Hall BAN 4.04 $1,500,000 $1,450,00 TOTAL $1,540,000 $1,530,000

NUNDA 1997 Ford Truck BAN 3.99% $21,542 $43,084 1992 Case Excavator BAN 3.9% $6,250 $12,500 TOTAL $27,792 $55,584

OSSIAN None None - - -

PORTAGE 1995 Ford Truck BAN 4.05% $17,255 $17,253

SPARTA Erie Lackawanna RR Bed BAN 4.2% $13,700 - 0 - Ford Truck BAN 4.1% $25,000 $20,000 TOTAL $38,700 $20,000

SPRINGWATER None None - - -

WEST SPARTA None None

YORK Water Improvements BAN 3.67% $8,255 $229,195 Water Improvements BAN 3.67% $4,944 $203,495 Water Improvements BAN 3.67% $7,563 $58,740 Equipment BAN 3.67% $4,600 $13,800 Water Improvements Serial Bond 7.125% $6,000 $199,000 Water Improvements Serial Bond 5% $6,000 $77,000 Water Improvements BAN 3.67% $3,185 $442,650 Water Improvements BAN 3.67% $212 $14,310 Water Improvements BAN 3.65% $765 $35,000 Equipment BAN 3.67% $16,000 $48,000 Equipment BAN 3.67% $24,000 $120,000 TOTAL $81,524 $1,441,190

it is hereby RESOLVED, that the reports containing the Town Bonded Indebtedness from each of the seventeen Towns of the County be received, printed and approved and the Clerk of the Livingston County Board of Supervisors be directed to insert the report into the 1999 Proceedings. Dated at Geneseo, New York 318

December 22, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 416. DECLARING SURPLUS PROPERTY - BOARD OF ELECTIONS WHEREAS, the County of Livingston owns certain personal property no longer necessary for public use, and WHEREAS, such items of personal property owned by the County and no longer necessary for public use shall be declared to be "surplus property", it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby declares the following items surplus property to be disposed of as determined by the County Administrator: BOARD OF ELECTIONS One (1) Multigraphic Platemaker 25TPM One (1)Multigraphic Converter 122 Associated supplies Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee

RESOLUTION NO. 99 - 417. SUPPORTING THE REAUTHORIZATION OF THE OLDER AMERICANS ACT WHEREAS, the current Older Americans Act expired October 1995, and WHEREAS, further delay in the reauthorization of the Act will erode the strength and viability of the programs and services delivered to older adults at the federal, state and community levels and adversely affect the capacity of the aging network to respond to the critical needs of older Americans, and WHEREAS, it is consistent with the consumer-directed focus of the Older Americans Act to expand the role of cost-effective and preferred long-term care community-based services that enable people to remain independent in their own homes, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby calls upon the Congress of the United States to reauthorize the Older Americans Act in the 106th Congress, and, be it further RESOLVED, that Congress fund the National Family Caregiver Support Act Program and the requested level of $125 million in the Older Americans Act to provide information, assistance, and critically needed home and community based services for older Americans and their caregivers, and, be it further RESOLVED, that copies of this resolution be sent to President Clinton, Senators Daniel P. Moynihan and Charles Schumer; State Senators Patricia K. McGee and Dale M. Volker and State Assemblymen Gerald E. Johnson and Daniel J. Burling. Dated at Geneseo, New York December 22, 1999 Health Committee

RESOLUTION NO. 99 - 418. APPOINTING MEMBER TO THE BOARD OF THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY - CANARY RESOLVED, that the following individual be appointed to the board of the Livingston County Water and Sewer Authority for the term designated: MEMBER TERM EXPIRES Chester W. Canary 12/31/2000 89 Case Street to fill the unexpired term of Michael Kane Mt. Morris, NY 14510 Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee Mr. Wahl questioned the term of the appointment, and the Clerk responded 12/31/2000 to fill the unexpired term of Michael Kane. 319

RESOLUTION NO. 99 - 419. ADOPTING 2000 OFFICIAL LIST OF COUNTY OFFICIALS REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE UNDER SECTION 2F OF LOCAL LAW NO. 4 OF THE YEAR 1990 WHEREAS, the Ethics Board of Livingston County has recommended to the Chairman of the Board of Supervisors the 2000 Official List of County Officials required to file an annual statement of financial disclosure, it is hereby RESOLVED, that the Livingston County Board of Supervisors adopts the attached list which constitutes the 2000 Official List of County Officials required to file an annual statement of financial disclosure pursuant to the provisions of the Local Law No. 4 of the year 1990.

APPENDIX 2 2000 OFFICIAL LIST OF COUNTY OFFICIALS REQUIRED TO FILE ANNUAL DISCLOSURE UNDER SECTION 2(f) OF LOCAL LAW #4 - 1990

BOARD OF ELECTIONS Susan N. Guenther, Election Commissioner Gerald L. Smith, Election Commissioner Laura M. Schoonover, Deputy Commissioner Nancy L. Leven, Deputy Commissioner

BOARD OF SUPERVISORS Joseph A. Daley James Layland Donna L. Avery Weston L. Kennison James C. Merrick Gary D. Moore Lance H. Bassage Timothy R. Wahl James F. Olverd Gerald R. Derrenbacher Philip S. Brooks Emery Jaeger Ivan C. Davis Leopold Marks Mark E. Walker Marjorie Cansdale Gerald L. Deming Virginia Amico, Clerk of the Board Theresa M. Schettine, Confidential Secretary to the Clerk

CENTRAL SERVICES David Allen, Supervisors, Buildings & Grounds Laird Simons, Working Foreman

COMMUNITY SERVICES Mark Brown, Community Services Director, Counseling Services Director Dr. Nadene Hunter, Chairperson of Community Services Board

CONESUS LAKE COUNTY SEWER DISTRICT Catherine Muscarella, Director of Public Works 320

Joseph Kornbau, Sr. Plant Operator

COUNTY ADMINISTRATOR Dominic F. Mazza, County Administrator Lisa M. Grosse, Administrative Assistant Michele Rees, Confidential Secretary Katherine Montemarano, Records Inventory Supervisor

COUNTY ATTORNEY David Morris, County Attorney Dennis Cohen, Assistant County Attorney

COUNTY AUDITOR Terrence P. Donegan, County Auditor

COUNTY CLERK James Culbertson, County Clerk Mary Strickland, Deputy County Clerk

COUNTY TREASURER Carolyn Taylor, County Treasurer Amy Mann, Deputy County Treasurer Trainee

DISTRICT ATTORNEY Thomas E. Moran, District Attorney Jennifer M. Sommers, Assistant Robert Wiggins, Assistant Victor D. Rowcliffe, Assistant Kyle MacKay, Assistant Eric Schiener, Assistant

ECONOMIC DEVELOPMENT Patrick Rountree, Administrative Director Aaron B. Gagne’, Deputy Director of Economic Development

INDUSTRIAL DEVELOPMENT AGENCY MEMBERS Philip Brooks George Traber Susan Doerflinger Anthony Morrow Walt Isaac Vacancy

EMERGENCY MANAGEMENT SERVICES Kevin Niedermaier, Emergency Management Services Director

EMPLOYMENT & TRAINING & YOUTH BUREAU Gloria A. Brand, Employment and Training Director III,

HIGHWAY Donald N. Higgins, Superintendent of Highways 321

Dennis J. Barefoot, Deputy Superintendent of Highways Elaine D. Sz. Turner, Administrative Highway Manager

HISTORIAN Mary P. Schaap, County Historian Amie Alden, Deputy County Historian

INFORMATION & TECHNOLOGY SERVICES Dale Nieswiadomy, Director Mark H. Brown, Deputy Director

LIVINGSTON COUNTY WATER AND SEWER AUTHORITY Frank Riedman Dennis L. Witte Vance Puffer Norman G. Sparks Timothy R. Wahl Peter Kanouse Catherine Muscarella, Coordinator/Secretary

LOCAL CONDITIONAL RELEASE COMMISSION Marcea Clark, Chairperson Mark Brown David Bovard Raymond Goll Frank Reeder

OFFICE FOR THE AGING Kaaren Smith, Director Kathy VanWagnen, Director, Senior Nutrition Program Brigid Cotton, Director, Foster Grandparent Program Edie Philipson, Finance Manager

PERSONNEL Tish E. Lynn, Personnel Officer Lauraine M. Beach, Personnel Assistant

PLANNING David Woods, Planning Director Angela Ellis, Planner Donald Huff, Energy Programs Supervisor Ruth Swift, Housing Programs Coordinator

COUNTY PLANNING BOARD Barry Ingalsbe, Chairman Jeff Carone, Vice Chairman

AGRICULTURE & FARMLAND PROTECTION BOARD Jon White, Chairperson Dick Anderson, Vice Chairman 322

ENVIRONMENTAL MANAGEMENT COUNCIL Susan Walker, Chairman , Vice Chairman

COMMUNITY INITIATIVES COUNCIL Debbie Terry, Chairperson Marcea Clark, Vice Chairperson

PROBATION Barbara Campbell, Probation Director II Karen Weidman, Probation Supervisor

PUBLIC DEFENDER John Putney, Public Defender James McCann Kelly Donohue John Lockhart III Stephen M. Kruk

PUBLIC HEALTH Joan H. Ellison, Public Health Director Mary Margaret Stallone, Director of Patient Services Ralph VanHouten, Director, Environmental Health Nadene Hunter, MD, Medical Consultant Catherine Whitney, EMS Coordinator James Peraino, Fiscal Manager Roxanne Clark, Dog Control Officer Cheryl Pletcher, Hospice Administrator Karen Hanglow, Health Care Services Coordinator Nadene D. Hunter, M.D., Medical Director

BOARD OF HEALTH Gregory Liptak, M.D., President Anne McCarthy, Vice President Carol Carey, Secretary Robert Hayes, M.D. David Breen, M.D. Evelyn Roberts Lance H. Bassage

REAL PROPERTY TAX Richard J. Sheflin, Director

SHERIFF John M. York, Sheriff Daniel P. Maloney, Undersheriff James Szczesniak, Major Martin Herkimer, Major James Rose, Major

SKILLED NURSING FACILITY - CAMPUS 323

Franklin Bassett, Senior Administrator Robert E. Sobon, Administrator Peter Carter, Senior Fiscal Manager Eileen Farlow, Director of Nursing Services Cheryl Beach, Housekeeper Debra Sanford, Leisure Time Activities Director Mary Kaye Meehan, Senior Social Work Assistant Gail A. Sparling, R.N. Coordinator Adult Day Health Care Anthony Jarzyna, Occupational Therapist Sue DeGroff, Pharmacist Marc Negrotto, Physical Therapist Lizabeth DeWispelaere, Assistant Director of Nursing Wanda Schillinger, Admissions Coordinator

SKILLED NURSING FACILITY - GENESEO , Administrator Cindy Kandrotas, Director of Nursing Services Joe D'Imperio, Building Maintenance Supervisor Katherine Baumgardner, Leisure Time Activities Director Richard Baumgardner, Physical Therapist Dorothy McClurg, Senior Cleaner Tricia Ruliffson, Occupational Therapist Nancy Tinsley, Asst. Director of Nursing

SOCIAL SERVICES W. Michael Woodhouse, Commissioner of Social Services John Sylvester, Social Services Attorney Michael Allen, Assistant Social Services Attorney Diane Deane, Director of Administrative Services Sandy Wright, Director of Services Sharon Tinelli, Head Social Welfare Examiner James Brand, Staff Development Coordinator Vacant, Case Supervisor Evelyn Vacca, Secretary to the Commissioner Dennis Meissel, Employment Coordinator

WEIGHTS & MEASURES Michael Cloonan, Director of Weights & Measures

James C. Merrick, Chairman Livingston County Board of Supervisors Dated at Geneseo, New York December 22, 1999 Legislative & Agricultural Affairs Committee

PREFERRED AGENDA VOTE There being no further discussion on the foregoing resolutions, Chairman Merrick asked for a motion to present the preferred Agenda. Motion made by Mr. Layland and seconded by Mr. Moore to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted. 324

RESOLUTION NO. 99 - 420. AUTHORIZING TRANSFER OF FUNDS - BOARD OF SUPERVISORS, CHEMICAL DEPENDENCY, COMPENSATION, CONTINGENCY, COUNTY AUDITOR, DARE, DISTRICT ATTORNEY, EMERGENCY MEDICAL SERVICES, HIGHWAY, INDIGENT DEFENSE, INFRASTRUCTURE, MENTAL HEALTH, PUBLIC DEFENDER, PUBLIC HEALTH, SHERIFF, SKILLED NURSING FACILITY - CAMPUS, SKILLED NURSING FACILITY - GENESEO, YOUTH BUREAU, VARIOUS Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer be and she hereby is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the County Administrator. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 421. AUTHORIZING REAPPROPRIATION OF FUNDS - CENTRAL SERVICES Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Livingston County has received insurance recovery funds, be it now, RESOLVED, that the County Treasurer is hereby authorized to make the following transfer: Central Services From: A1620.2680 Insurance Recoveries $9,456.75 To: A1620.4110 Bldg. Repairs $9,456.75 Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 422. AUTHORIZING TRANSFER TO GENERAL FUND Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Capital Project H3151.2900 Emergency Communications System has a balance of $368,743.03 and is no longer needed, now, therefore, be it RESOLVED, that the County Treasurer is hereby authorized to transfer the balance of $368,743.03 to the General Fund, Account 1000.2701 Refund of Prior Years’ Expense. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 423. INCREASING PETTY CASH FOR DEPARTMENT OF SOCIAL SERVICES Mr. Essler presented the following resolution and moved its adoption: WHEREAS, Department of Social Services is in need of $3,500.00 of additional funds to cover any possible Y2K contingencies, it is hereby RESOLVED, that the petty cash amount for Department of Social Services be increased from $1,500.00 to $5,000.00 Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted. 325

RESOLUTION NO. 99 - 424. REPORTING NAMES FOR THE MEMORIAL PAGE FOR THE 1999 PROCEEDINGS Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that the Clerk of the Board call the roll and each Supervisor report the names of any ex-supervisors who have died during the year: None. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 425. ESTABLISHING ORGANIZATIONAL MEETING FOR THE YEAR 2000 Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that this Board shall meet in the Assembly Room in the Livingston County Government Center, Geneseo, New York, at 1:30 P.M. on Monday, January 3, 2000, for the purpose of organizing the Board for the year 2000 and selecting a Chairman for that year, and be it further RESOLVED, that the Clerk of the Board shall mail to each member a written notice of the date, time and place of such meeting, stating that a Chairman will then be selected, such notice to be mailed to each member at least forty- eight hours before the date of such meeting, all pursuant to Section 151 of the County Law. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 426. AUTHORIZING THE CHAIRMAN, THE CLERK OF THE BOARD AND THE REAL PROPERTY TAX DIRECTOR TO EXECUTE TAX WARRANTS FOR COLLECTION OF TAXES OF DECEMBER 31, 1999 Mr. Essler presented the following resolution and moved its adoption: RESOLVED, that warrants for the collection of taxes levied on the 2000 town tax rolls signed by the Chairman, Clerk of the Board and Real Property Tax Director with the seal affixed thereto, be issued under the date of December 31, 1999, and that such warrants shall direct the collectors of the several towns to collect and pay over the several amounts set forth in such tax rolls on or before the 1st day of April, 2000. Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 427. CORRECTING TAX ROLL - TOWN OF NORTH DANSVILLE Mr. Essler presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to one (1) application for correction of the tax roll, pursuant to the Real Property Tax Law, prepared by the Assessor for the Town of N. Dansville on the tax roll for the years hereinafter set forth, and WHEREAS, said parcels were incorrectly assessed and/or taxed for reasons set forth in the application for correction requested from the Director of Real Property Tax Services attached hereto, NOW, THEREFORE, be it resolved that the Director of Real Property Tax Services is authorized and directed to forward a copy of this resolution to the officer having jurisdiction of the tax roll so that the roll can be corrected; and a notice of approval to the applicant, and be it further RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bill. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Taxing Original Corrected Chargeback to 326

Year, Town & Premises Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions

1. 2000 N. DANSVILLE Livingston County 180.16 0.00 0.00 180.16 DANSVILLE AMBULANCE N. Dansville Town Tax 55.49 0.00 0.00 55.49 COMPANY, INC. Total $235.65 $0.00 $0.00 $235.65 Tax Map Number 203.6-3-6.1 Dated at Geneseo, New York December 22, 1999 Finance & Administration Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99- 428. AUTHORIZING PURCHASE OF PORTABLE AND PERMANENT HYDRAULIC VEHICLE LIFTS THROUGH NYS CONTRACT FOR NEW HIGHWAY DEPARTMENT FACILITY. Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the Highway Department’s Machinery Fund appropriations include funds for purchase of new portable and permanent hydraulic vehicle lifts for the new Highway Department facility , now therefore, be it RESOLVED, that the Superintendent of Highways is authorized to purchase one (1) new Mohawk TR-75 permanent lift and one (1) new Mohawk Mp15-6-90 portable lift, with various accessories, from Mohawk Resources Ltd. Of Amsterdam, NY through NYS Contract #PC-54466, at a total cost of $97,633.14. Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee Donald Higgins, County Highway Superintendent, explained the need for the portable and permanent lifts and stated the maximum capacity for the portable lifts is 90,000 lbs. and the permanents lifts will hold 75,000 lbs. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 429. AUTHORIZING A COOPERATIVE BIDDING AGREEMENT FOR TIMBER BRIDGE MATERIALS BETWEEN THE COUNTY OF LIVINGSTON AND THE COUNTY OF ALLEGANY Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, pursuant to sections 119-m and 119-o of Article 5-G of the General Municipal Law, Counties may enter into cooperative agreements, it is hereby RESOLVED, that the Chairman of the Livingston County Board of Supervisors, is authorized to sign an agreement with the County of Allegany for joint bidding process for the purchase of timber bridge materials under a “Systems Purchasing Program,” pursuant to the specific terms of the agreement, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee Donald Higgins, County Highway Superintendent, explained that this is the third year that the County would be entering into an agreement with Allegany County for the purchase of timber bridge materials. Mr. Higgins again thanked the Board of Supervisors for their on-going support of building a new highway facility, and stated that he and the staff are very excited about moving into the new facility. He attributed a special thank you to Messrs. Stewart, Essler, House and Kramer and wished them well because they are leaving the Supervisor’s role. He wished the Board a very safe and happy holiday. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 430. AUTHORIZING THE CHAIRMAN TO SIGN A QUIT CLAIM DEED AND RELATED DOCUMENTS TO TRANSFER A PARCEL AT THE INTERSECTION OF NYS ROUTE 408 327

AND NYS ROUTE 70 Mr. Stewart presented the following resolution and moved its adoption: WHEREAS, the State of New York has previously discontinued maintenance of land located at the intersection of New York State Route 408 and New York State Route 70, and WHEREAS, the Superintendent of Highways has determined that the following parcel of property is of no further use for highway purposes for the County of Livingston, and WHEREAS, the Superintendent of Highways has recommended that the following parcel be abandoned to the adjoining landowner, now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a quit claim deed and related documents to transfer the following parcel to the party listed upon payment to the County of Livingston of $100.00: Steven B. Jeffords All that tract or parcel of land situate in the Town of Nunda, County of Livingston, State of New York bounded and described as follows: Commencing at a point marking the intersection of the easterly highway boundary of New York State Route 408 and the northerly highway boundary of New York State Route 70; thence 3) North 9E 42' 21" east, and along the easterly highway boundary of New York State Route 408, a distance of 206.60 feet; thence 4) South 28E 17' 58" east, a distance of 128.00 feet to a point; thence 5) Southeasterly, a distance of 28.00 feet to the southeast corner of premises now or formerly belonging to Steven B. Jeffords (Liber 977, Page 29); thence 6) Southerly to a point in the northerly highway boundary of New York State Route 70, 190.46 feet easterly, as measured along the northerly highway boundary of New York State Route 70, from its intersection with the easterly highway boundary of New York State Route 408; thence 7) North 71E 41' 46" west, and along the northerly highway boundary of New York State Route 70, a distance of 190.46 feet to the point of beginning. Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 431. AUTHORIZING THE CHAIRMAN TO SIGN A GRANT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICES FOR THE HAMLET OF CONESUS Mr. Stewart presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the Grant Agreement with the United States Department of Agriculture Rural Utilities Services to provide partial funding in the amount of $361,000.00 for a water system in the Hamlet of Conesus, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee Catherine Muscarella, Public Works Director, explained the foregoing resolution. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 432. AUTHORIZING THE CHAIRMAN TO SIGN A LOAN RESOLUTION FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) Mr. Stewart presented the following resolution and moved its adoption: RESOLVED, the Livingston County Board of Supervisors hereby authorizes the Chairman to sign a Loan Resolution from the United States Department of Agriculture (USDA) which will provide for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending its water lines to the Hamlet of Conesus, in the amount of Five Hundred Four Thousand Dollars 328

($504,000.00), pursuant to the provisions of Local Finance Law and Bond Resolutions dated 3/11/98 and 5/13/98, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 22, 1999 Highway & Public Works Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 433. RESCINDING RESOLUTION NO. 99-377 AND AUTHORIZING THE CREATION OF THE GENESEE, ORLEANS, LIVINGSTON, AND WYOMING WORKFORCE INVESTMENT BOARD Mrs. Avery presented the following resolution and moved its adoption: WHEREAS, the Chief Elected Officials of Genesee, Livingston, Orleans, and Wyoming Counties (GLOW) have petitioned the Governor of the State of New York, for temporary designation of the four County area as a Workforce Investment Area under the Workforce Investment Act of 1998, and WHEREAS, the original GLOW Workforce Investment Board membership composition has been revised to provide each county six (6) Business members, and WHEREAS, the original At-Large Perkins VATEA/Local Education Entity has been amended to provide more uniform coverage by two (2) representatives. Now, therefore, Be it RESOLVED, that the new GLOW Workforce Investment Board membership composition will be as follows: GENESEE County Seats Business Sector 6 Economic Development Agency 1 Title I Dislocated/Youth Provider 1 Grant Recipient 1 Total 9 LIVINGSTON County Seats Business Sector 6 Adult Education/Literacy 1 Economic Development Agency 1 Title I Youth Program Operator 1 Total 9 ORLEANS County Seats Business Sector 6 Jobs Corps 1 Community Based Organization 1 Title I Adult/Welfare to Work Program Operator 1 Total 9 WYOMING County Seats Business Sector 6 Community Services Block Grant/HUD/E&T 1 Community Based Organization 1 Local Education Entity 1 Total 9 At-Large Seats Dept. Of Labor Funded Programs 2 (UI, Wagner Peyser, TRA/NAFTA, Veterans) Vocational Rehabilitation (VESID) 1 Title V Older Worker Program 1 Organized Labor 2 329

Dept. Of Social Services 1 Migrant Seasonal Farm Workers 1 Perkins Vatea/Local Education Entity 2 Total 10 Grand Total 46 and, further be it RESOLVED, that each County Chief Elected Official will appoint their county representatives and those At- Large Members, and further be it RESOLVED, that staggered terms for the membership will be recommended for the GLOW Workforce Investment Board, and further be it RESOLVED, that additional slots will be added to the GLOW Workforce Investment Board if advised by the New York State Department of Labor, and further Be it RESOLVED, that the GLOW Workforce Investment Board will be in effect until such legislation repeals it, and it is further RESOLVED, that Resolution No. 99-377 is hereby rescinded. Dated at Geneseo, New York December 22, 1999 Intergovernmental Affairs Committee Gloria Brand, Director of Employment & Training/Youth Bureau, explained the foregoing resolution and provided an overview of the changes that are taking place as a result of the Workforce Investment Act. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 434. AUTHORIZING CHAIRMAN TO SIGN AN AMENDED 1999-2000 WEATHERIZATION CONTRACT WITH THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the New York State Division of Housing and Community Renewal has awarded Livingston County an additional $11,925 of Weatherization Assistance Program grant funds; and WHEREAS, the New York State Division of Housing and Community Renewal has extended the termination date of the 1999-2000 Weatherization contract to April 30, 2000; now therefore, be it RESOLVED, that the Chairman be, and he hereby is, authorized to sign an amended 1999-2000 Weatherization contract with the New York State Division of Housing and Community Renewal, subject to review WHEREAS, the New York State Division of Housing and Community Renewal has awarded Livingston County an additional $11,925 of Weatherization Assistance Program grant funds; and WHEREAS, the New York State Division of Housing and Community Renewal has extended the termination date of the 1999-2000 Weatherization contract to April 30, 2000; now therefore, be it RESOLVED, that the Chairman be, and he hereby is, authorized to sign an amended 1999-2000 Weatherization contract with the New York State Division of Housing and Community Renewal, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 22, 1999 Legislative & Agricultural Affairs Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 435. AUTHORIZING CHAIRMAN TO SIGN A CONTRACT WITH THE NEW YORK STATE COMMUNITY ACTION ASSOCIATION FOR THE NEW YORK STATE ELECTRIC AND GAS POWER PARTNER PROGRAM Mrs. Cansdale presented the following resolution and moved its adoption: WHEREAS, the New York State Community Action Association has awarded Livingston County the New 330

York State Electric and Gas Power Partner Program; now therefore, be it RESOLVED, that the Chairman be, and he hereby is, authorized to sign a contract with the New York State Community Action Association for the New York State Electric and Gas Power Partner Program, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 22, 1999 Legislative & Agricultural Affairs Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 436. AUTHORIZING EXTENSION OF SECTION 8 CONTRACTS WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL Mrs. Cansdale presented the following resolution and moved its adoption: RESOLVED, that the Local Administrator of the Planning Department’s Office of Housing Assistance be, and she hereby is, authorized to sign contract extensions with the NYS Housing Finance Agency and the NYS Division of Housing and Community Renewal, for the Section 8 Certificate, and Section 8 Voucher, after review by the County Attorney and County Administrator. Dated at Geneseo, New York December 22, 1999 Legislative and Agricultural Affairs Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

EXECUTIVE SESSION Motion made by Mr. Moore and seconded by Mr. Daley that the Board adjourn and reconvene in Executive Session for the purpose of discussing information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed and the employment history of a particular person and that James C. Merrick act as Chairman and Virginia O. Amico act as Secretary, and Administrator Dominic F. Mazza, Attorney David J. Morris, and Supervisors Elect Geneseo, York, Springwater, and Nunda remain present. Carried. The Board reconvened in regular session. The following report was presented. REPORT OF EXECUTIVE SESSION The Board of Supervisors having met in Executive Session for the purpose of discussing information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed and the employment history of a particular person hereby reports as follows: No action taken. Dated December 22, 1999 James C. Merrick, Chairman Virginia O. Amico, Secretary Motion made by Mr. Kramer and seconded by Mr. Marks that the Report of Executive Session be accepted. Carried.

RESOLUTION NO. 99 - 437. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - CAMPUS SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: CAMPUS SKILLED NURSING FACILITY Create the position of Director of Long-Term Care. Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,400; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26; Wahl, 208; Total 414; Adopted. 331

RESOLUTION NO. 99 - 438. APPOINTING DIRECTOR OF LONG-TERM CARE - BASSETT Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Franklin N. Bassett be and hereby is appointed as Director of Long-Term Care for a term commencing January 1, 2000 and terminating December 31, 2004 and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors be and he hereby is authorized to enter into a professional services contract on behalf of the County of Livingston with the Director of Long-Term Care, which shall include salary and benefits, as approved by the Livingston County Board of Supervisors. Said professional services contract to be first reviewed as to form by the County Attorney. Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee Supervisor Daley commended Frank Bassett for his dedicated service and stated he is pleased to support the appointment. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted. Frank Bassett, Director of Long-Term Care, stated he appreciated the support that the Board of Supervisors has given him throughout his tenure of eight years. Mr. Bassett stated that the County has shown remarkable growth, and he takes pride that he has been a part of that. Mr. Bassett stated that this appointment is very meaningful to him because he grew up in Livingston County. Mr. Bassett again thanked the Board for their support.

RESOLUTION NO. 99 - 439. AMENDING THE 1999 DEPARTMENT HEAD SALARY SCHEDULE - CAMPUS SKILLED NURSING FACILITY Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Department Head Salary Schedule be amended as follows: CAMPUS SKILLED NURSING FACILITY Delete the position of Senior Nursing Home Administrator. Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 440. APPOINTING NURSING HOME ADMINISTRATOR FOR THE GENESEO SKILLED NURSING FACILITY - VAN DERPOOL Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Nancy A. Van Derpool of 8257 Elmer Hill Road, Rome, New York 13440 is hereby appointed to the position of Nursing Home Administrator for the Geneseo Skilled Nursing Facility effective January 24, 2000 at an annual salary of $52,000.00. Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee Supervisor Bassage explained that this candidate was the selection committee’s first choice when the position was being filled one year ago and was unable to accept the position due to medical reasons, and he is very pleased that the candidate is agreeable to accept the position at this time. Frank Bassett, Director of Long-Term Care, explained that Ms. Van Derpool was unable to be present, and he reviewed her clinical and administrative background and recommended her appointment to the position. The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 441. APPOINTING ASSISTANT DISTRICT ATTORNEY - SCHIENER Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that Eric R. Schiener of 38A Lima Road, Geneseo, New York 14454 is hereby appointed to the position of Assistant District Attorney effective November 29, 1999 at an annual salary of $43,000.00. Dated at Geneseo, New York 332

December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 442. AMENDING THE 1999 SALARY SCHEDULE - DEPARTMENT OF SOCIAL SERVICES Mr. Moore presented the following resolution and moved its adoption: RESOLVED, that the 1999 Salary Schedule be amended as follows: SOCIAL SERVICES Create one (1) Caseworker Trainee/Caseworker position at Salary Grade 13. Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 443. ADOPTING 2000 LIVINGSTON COUNTY DEPARTMENT HEAD SALARY SCHEDULE Mr. Moore presented the following resolution and moved its adoption: RESOLVED, the attached 2000 Livingston County Department Head Salary Schedule is hereby approved effective January 1, 2000.

DEPARTMENT HEAD SALARY SCHEDULE

Board of Supervisors (A1010) 1999 2000

1. Chairman of the Board P/T 1@ 24,500. 25,250. 2. Vice Chairman of the Board P/T 1@ 12,500. 12,875. 3. Members of the Board P/T - (15) 157,500. 162,375. 15@ 10,500. 15@ 10,825. 4. Lisa Grosse, Administrative Asst. (A1345) 37,600. 39,350. 5. Virginia Amico, Clerk of the Board (A1010) 37,600. 39,350. 6. Theresa Schettine, Confidential Secretary to the Clerk 20,000. 7. Michele Rees, Confidential Secretary to the Co. Admin./County Attorney (A1230) 28,425. 29,950. 8. Terrence Donegan, County Auditor (A1320) 42,500. 44,375. 9. Katherine Montemarano, Records Inventory Supervisor (A1665) 28,900. 30,425.

Aging, Office for the 10. Kaaren Smith, Director (A6773) 45,200. 47,150. 11. Anne DeMarte, Aging Services Caseworker (A6779) (9/10/97) 28,050. 29,575. 12. Keith Stratton, Case Manager (A6780) 35,075. 36,775. 13. Edyth Philipson, Financial Supervisor (A6774) 34,075. 35,750. 14. Brigid Cotton, Foster Grandparent Program Director (A6781) 31,700. 33,300. 15. Kathleen VanWagnen, Nutrition Program/HEAP Coord. (A6774) 37,225. 38,975.

Board of Elections(A1450) 16. Susan Guenther, Commissioner 33,575. 35,225. 17. Gerald L. Smith, Commissioner 33,575. 35,225. 18. Nancy Leven, Deputy Commissioner 29,350. 30,900. 19. Laura Schoonover, Deputy Commissioner 29,350. 30,900.

Campus Skilled Nursing Facility (R6120) 20. Robert Sobon, Nursing Home Administrator 50,000. 51,025. 21. Eileen Farlow, Dir. of Nursing Services 50,275. 52,350. 22. Lizabeth DeWispelaere, Assistant Director of Nursing(9/14/98) 42,550. 44,425. 333

23. Karen Hanglow, Health Care Services Coordinator(9/15/97) 37,250. 39,000.

Central Services 24. David Allen, Supervisor of Buildings and Grounds (A1620) 44,850. 46,775. 25. Laird Simons, Building and Grounds Working Foreman(A1610) 41,950. 43,800.

Clerk’s Office (A1410) 26. James A. Culbertson, County Clerk 52,075. 54,175. (4% per year) 2001 56,350. 2002 58,625. 27. Mary F. Strickland, Deputy County Clerk 40,750. 42,575.

County Attorney (A1420) 28. David Morris, County Attorney P/T 49,450. 51,500. 29. Dennis Cohen, Assistant P/T 41,325. 42,575.

District Attorney (A1165) 30. Thomas Moran, District Attorney 119,800. State sets 31. Victor Rowcliffe, Assistant (full-time)(A1166) 38,675. 43,000. 32. Eric R. Schiener, Assistant (full-time)(11/29/99) 43,000. 43,000. 33. Kyle Mackay, Assistant P/T (STOP DWI A3112) 23,950. 24,675. 34. Jennifer Sommers, Assistant (part-time) 23,950. 24,675. 35. Robert Wiggins, Assistant P/T 23,950. 26,675. 36. Geraldine Ehrmentraut, Secretary to the D A 29,825. 31,375. 37. Richard Corrigan, Victim/Witness Assistant Coordinator 28,300. 29,825.

Ecomomic Development Department (A6989) 38. Patrick Rountree, Economic Developer 60,150. 62,475. 39. Aaron B. Gagne, Deputy Economic Developer (6/1/98) 44,075. 46,000.

Emergency Management Services (A3640) 40. Kevin Niedermaier, Emergency Management Services Director 40,200. 42,025.

Employment and Training (J6290) 41. Gloria Brand, Employment and Training Director III/Youth Bureau Director 48,925. 50,950.

Health Care Facilities(R6120) 42. Peter Carter, Senior Fiscal Manager 53,425. 55,575.

Highway Department (D5010) 43. Donald N. Higgins, Superintendent (2/12/97) 56,700. 58,925. 44. Dennis Barefoot , Deputy Superintendent(6/30/97) 47,075. 49,075. 45. Elaine Turner, Highway Administrative Manager (10/5/98) 34,400. 36,075.

Historian (A7510) 46. Mary P. Schaap, County Historian (4/5) 27,975. 29,475. 47. Amy Alden, Deputy County Historian P/T(2/18/97) 8.35 hr. 8.60 hr.

Information and Technology Services (A1680) 48. Dale Nieswiadomy, Director of Information & Technology Services 59,150. 61,450. 49. Mark H. Brown, Deputy Director of Information & Technology Services (10/28/99) 52,000. 52,000.

Mental Health Department (A4310) 50. Mark Brown, Director 66,750. 69,225.

Personnel Department (A1430) 334

51. Tish E. Lynn, Personnel Officer 56,700. 58,925.

Planning Department (A8020) 52. David O. Woods, Planning Director 52,350. 54,475.

Probation Department (A3140) 53. Barbara A. Campbell, Probation Director II 55,200. 56,600.

Public Defender (A1170) 54. John Putney, Public Defender (P/T) 42,350. 43,625. 55. James McCann, First Asst. Public Defender (P/T) 21,975. 22,650. 56. Kelly Donohue, Assistant Public Defender (P/T) 20,275. 20,900. 57. Stephen Kruk, Assistant Public Defender (P/T) 16,500. 17,000. 58. John M. Lockhart,III, Asst. Public Defender (P/T) 19,075. 19,650. 59. , Assistant Public Defender (P/T) 60. , Assistant Public Defender(P/T) 61. Carol Deltoro, Confidential Secretary (12/14/98) 25,000. 26,425.

Public Health Department 62. Joan H. Ellison, Public Health Director (A4010) 67,375. 69,875. 63. Ralph Van Houten, Director of Environmental Health (A4010) 50,075. 52,150. 64. , Director of Family Planning (A4035) 65. Cheryl Pletcher, Director of Patient Services 43,300. 45,200. 66. Mary M. Stallone, Director of Patient Services (A4010) 49,200. 51,250. 67. Roxanne Clark, Dog Control Officer (A3510) 32,075. 33,700. 68. Catherine Whitney, E.M.S. Coordinator (A4013) 32,325. 33,950. 69. James J. Peraino, Financial Manager (A4010) 40,950. 42,775. 70. Erik Henderson, Finance Supervisor (2/25/99) 28,000. 29,250. 71. , Hospice Administrator P/T (A4083) 72. Roberta MacLean, HOSPICE Volunteer Coordinator P/T (A4083) 13.71 hr. 14.12 hr. 73. Nadine Hunter, Physician P/T(11/17/97) 46.35 hr. 47.74 hr. 74. ,WIC Program Coordinator (A4082)

Public Works Department (A8037) 75. Catherine Muscarella, Public Works Director 51,725. 53,825.

Real Property Tax Services (A1355) 76. Richard J. Sheflin, Director 48,275. 50,300.

Sheriff's Department (A3110) 77. John York, Sheriff 65,000. 2000 65,000. 2001 65,000.

John York, Stop DWI Coordinator 5,000. 2000 5,000. 2001 5,000. 78. Daniel P. Maloney, Undersheriff 55,450. 57,650.

Skilled Nursing Facility (N6120) 79. , Nursing Home Administrator 80. Cynthia Kandrotas, Director of Nursing (8/10/98) 45,750. 47,700. 81. Nancy Tinsley, Asst. Director of Nursing (6/14/99) 42,000 42,925. 82. Joseph D'Imperio, Bldg. Maintenance Supervisor 41,950. 43,800.

Social Services (A6010) 335

83. W. Michael Woodhouse, Commissioner 75,425. 81,200. 84. Diane M. Deane, Dir. of Administrative Services 44,350. 46,275.

85. Dennis L. Meissel, Employment Coordinator (JOBS FIRST)(12/9/98) 34,000. 35,650. 86. Sharon Tinelli, Head Social Welfare Examiner 45,600. 47,550. 87. Evelyn Vacca, Secretary to the Commissioner 29,825. 31,375. 88. John T. Sylvester, Social Services Attorney 70,525. 73,100. 89. Michael Allen , Social Services Attorney Part Time (12/9/98) 30,000 30,900.

Traffic Safety Board 90. Patricia Niedermaier, Executive Secretary 4,650. 4,800.

Treasurer (A1325) 91. Carolyn Taylor, Treasurer 40,750. 46,000. 92. Amy Mann, Deputy Treasurer 30,000. 30,000.

Weights and Measures (A6610) 93. Michael Cloonan, Director 33,550. 35,200.

CONTRACTUAL EMPLOYEES

1999 2000 1. D. F. Mazza, County Administrator (A1230) 87,500. 87,500. 7/1/2000 94,000. 2. Franklin N. Bassett, Director of Long Term Care 83,000.

Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,608; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26 Total 206; Adopted.

RESOLUTION NO. 99 - 444. ADOPTING SALARIES OF THE EMPLOYEES OF THE COUNTY COVERED BY THE CIVIL SERVICE EMPLOYEES ASSOCIATION CONTRACT, THE LIVINGSTON COUNTY DEPUTY SHERIFFS' ASSOCIATION CONTRACT, AND THE NEW YORK STATE NURSES ASSOCIATION CONTRACT FOR THE YEAR 2000 Mr. Moore presented the following resolution and moved its adoption: 1. RESOLVED, that the salaries of employees of the County covered by the Civil Service Employees Association contract, the Livingston County Deputy Sheriffs' Association contract and the New York State Nurses Association contract be, and they hereby are, fixed at the rates set forth in the schedule hereto annexed. Such salaries shall be effective January 1, 2000, and, be it further 2. RESOLVED, that the contract between the County of Livingston and the Livingston County Civil Service Employees Association for the period January 1, 1999 through December 31, 2001, and the contract between the County of Livingston and the Livingston County Deputy Sheriffs' Association for the period January 1, 1996 through December 31, 1999 and the contract between the County of Livingston and the New York State Nurses Association for the period January 1, 1999 through December 31, 2000, be and they hereby are, made a part hereof to the effect that all of the provisions of the three contracts shall become a part of the 2000 Livingston County Salary Schedule, and, be it further 3. RESOLVED, that the provisions of said contract between the County of Livingston and the Livingston County Civil Service Employees Association shall inure to the benefit of all Livingston County positions which are included in the Civil Service Employees Association organization, and, be it further 4. RESOLVED, that the provisions of said contract between the County of Livingston and the Livingston County Deputy Sheriffs' Association shall inure to the benefit of all Livingston County Deputy Sheriffs' positions which are included in the Livingston County Deputy Sheriffs' Association organization, and, be it further 5. RESOLVED, that the provisions of said contract between the County of Livingston and the New York State Nurses Association shall inure to the benefit of all positions in the Public Health Department which are included in the New 336

York State Nurses Association organization, and, be it further 6. RESOLVED, that the mileage rate of 31¢ per mile as authorized by Section 203 of the County Law shall be effective for the year 2000 and the mileage rate adjustments for the year 2000 will be governed by Resolution No. 99-035, and, be it further 7. RESOLVED, that the members of the County Board of Health, who are not receiving County salaries, shall be paid at the rate of $10.00 per day for time actually served in 2000 plus allowable mileage, upon audit of their claims by the County Auditor, and, be it further 8. RESOLVED, that the members of the Community Services Board, who are not receiving County salaries, shall be reimbursed for mileage at 31¢ per mile and expenses are paid for meals according to the rates established in the Travel Policy effective March 1, 1998, upon audit of their claims by the County Auditor, and, be it further 9. RESOLVED, that each Officer and Department Head shall keep a written record of all sick leave for himself and his subordinate officers and employees, showing the calendar days absent on sick leave, and, be it further 10. RESOLVED, that effective November 24, 1999, the compensation for services of the four County coroners be fixed at $100.00 per call, plus allowable mileage, and, be it further 11. RESOLVED, that physical examinations for all Geneseo Skilled Nursing employees, Campus Skilled Nursing employees and Public Health Nurses, where required by law to have same, be provided at County expense, and, be it further 12. RESOLVED, that employees benefits, as granted in the Civil Service Employees Association contract to wit: retirement, sick leave, bereavement leave, holiday and personal leave, shall be granted to all Department Heads set forth in the Department Head list except for the Traffic Safety Board Executive Secretary, the Public Health Director, the Director of Patient Services, and the WIC Program Coordinator. The Public Health Director, Director of Patient Services, and the WIC Program Coordinator shall receive retirement, sick leave, bereavement leave, holiday and personal leave as granted in the New York State Nurses’ Association contract. Department Heads will be granted one week vacation after six months employment with the County; 15 working days on the lst through the 10th anniversary; 16-19 working days on the 11th through the 14th anniversary one day will be added on each anniversary; 20 working days on the 15th through the 24th anniversary; and 25 working days on the 25th anniversary. A maximum of two (2) working days vacation may be held over from one anniversary year to the next. These days will not accumulate from year to year, but will be used in the new anniversary year. In addition thereto, Department Heads set forth in the Department Head list shall be entitled to hospitalization (up to and including the equivalent of the cost of a Blue Choice contract), except that the following officers shall not be entitled to hospitalization: Supervisors, County Attorney, Part-time Assistant District Attorneys, Assistant County Attorney, Part-time Public Defender, First Assistant Public Defender, Assistant Public Defenders and the Traffic Safety Board Executive Secretary, and, be it further 13. RESOLVED, that the Clerk of this Board shall forward certified copies of this resolution and the salary schedule attached to each County Official and Head of a Department, and the Personnel Officer, and be it further 14. RESOLVED, that effective January 1, 2000, the portion and parts of all previous resolutions and acts of this Board, which are in conflict with the provisions of this resolution shall be rescinded and annulled.

The page numbers were changed to correspond with the Proceedings.

INDEX - 2000 SALARY SCHEDULE

Animal Control ...... 350 Campus Skilled Nursing Facility ...... 341 Central Services ...... 344 Clerk’s Office...... 345 CSEA Rate Schedule ...... 338 Conesus Lake Sewer District ...... 345 Department Heads ...... 332 337

Deputy Sheriff's Rate Schedule ...... 339 District Attorney ...... 346 Economic Development Department ...... 346 Emergency Management Services ...... 346 Employment and Training ...... 346 Geneseo Skilled Nursing Facility...... 355 Highway Department ...... 346 Information and Technology Services ...... 348 Mental Health Department...... 348 Personnel Department ...... 349 Planning Department ...... 349 Probation Department ...... 350 Public Health Department ...... 350 Public Health Nursing Rate Schedule ...... 340 Real Property Tax Services ...... 353 Sheriff's Department ...... 353 Social Services Department ...... 358 Treasurer's Office...... 362 338

C.S.E.A. RATE SCHEDULE - 2000

Grade New Hire Base 1 2 3 4 5 Increment Longevity

1 8.27 9.19 9.53 9.89 10.27 10.61 10.95 .34 .26

2 8.34 9.27 9.68 10.05 10.49 10.91 11.30 .37 .29

3 8.63 9.59 10.00 10.37 10.80 11.20 11.60 .37 .29

4 8.77 9.74 10.24 10.64 11.07 11.46 11.89 .38 .30

5 9.17 10.19 10.60 11.00 11.43 11.84 12.24 .38 .30

6 9.32 10.36 10.91 11.33 11.77 12.21 12.65 .40 .31

7 9.76 10.84 11.30 11.75 12.19 12.62 13.05 .40 .31

8 10.00 11.11 11.58 12.08 12.54 13.03 13.49 .43 .33

9 10.56 11.73 12.19 12.66 13.11 13.64 14.09 .43 .33

10 10.91 12.12 12.62 13.12 13.68 14.18 14.68 .50 .34

11 11.63 12.92 13.46 14.00 14.54 15.08 15.62 .54 .35

12 12.34 13.71 14.31 14.91 15.51 16.11 16.72 .60 .40

13 13.21 14.68 15.33 15.97 16.63 17.27 17.93 .64 .43

14 14.10 15.67 16.36 17.05 17.76 18.45 19.17 .67 .46

15 15.18 16.87 17.58 18.29 18.99 19.71 20.42 .69 .47

16 16.16 17.95 18.69 19.46 20.20 20.94 21.72 .72 .49

17 17.35 19.28 20.15 20.92 21.75 22.53 23.34 .76 .52

18 18.63 20.70 21.62 22.53 23.44 24.35 25.27 .91 .59

19 19.85 22.05 23.07 24.08 25.09 26.11 27.15 1.00 .65 339

1999 DEPUTY SHERIFFS' RATE SCHEDULE (except Road Patrol Titles)

GRADE BASE 1 2 3 4 5 INCREMENT

1 8.90 9.23 9.58 9.94 10.27 10.61 .31 2 8.98 9.39 9.76 10.17 10.57 10.96 .32 3 9.29 9.69 10.06 10.47 10.85 11.22 .33 4 9.46 9.92 10.32 10.69 11.12 11.54 .34 5 9.87 10.27 10.65 11.08 11.47 11.87 .35 6 10.51 10.94 11.34 11.72 12.13 12.49 .36 7 10.96 11.40 11.83 12.23 12.65 13.06 .39 9 10.98 11.50 12.02 12.54 13.06 13.58 .52 10 11.54 12.08 12.62 13.16 13.70 14.24 .54 11 12.16 12.74 13.32 13.90 14.48 15.06 .58 12A 12.69 13.34 13.94 14.55 15.17 15.78 .60 12B 12.93 13.58 14.20 14.83 15.47 16.09 .60 13 13.51 14.20 14.96 15.60 16.24 16.88 .64 14 14.44 15.16 15.85 16.53 17.23 17.92 .68 15 15.39 16.14 16.88 17.62 18.35 19.10 .72 16 16.42 17.19 17.95 18.77 19.56 20.30 .74 17 17.69 18.54 19.43 20.29 21.17 22.05 .85

1999 DEPUTY SHERIFFS' RATE SCHEDULE (Road Patrol Titles only - ARTICLE XVIII Section 4)

GRADE Base 1 2 3 4 5 INCREMENT

12 12.44 13.07 13.67 14.27 14.88 15.47 .59

13 13.25 13.92 14.67 15.30 15.93 16.56 .63

14 14.17 14.87 15.54 16.21 16.89 17.58 .67

15 15.08 15.83 16.55 17.28 17.99 18.74 .71

16 16.11 16.85 17.61 18.41 19.18 19.92 .72

17 17.35 18.20 19.06 19.91 20.76 21.63 .83 340

PUBLIC HEALTH NURSING RATE SCHEDULE

SCHEDULE A

Base Compensation Rates

A-l.0l Effective January l, l999, a regular employee's base compensation rate (hourly) will be:

Step l Step 2 Step 3 Step 4 Step 5 Registered Professional Nurse 14.85 14.92 15.35 15.74 16.11

Public Health Nurse 15.71 16.05 16.42 16.77 17.14

Supv. Pub. Health Nurse 16.29 16.86 17.42 18.00 18.58

Nurse Practitioner 22.50 23.00 23.50 24.00 24.50

Effective January 1, 2000, a regular employee's base compensation rate (hourly) will be:

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

Registered Professional Nurse $15.37 $15.46 $15.89 $16.29 $16.68

Public Health Nurse 16.26 16.61 16.99 17.35 17.74

Supv. Public Health Nurse 16.86 17.45 18.03 18.63 19.23

Nurse Practitioner 23.29 23.81 24.32 24.84 25.36 341

CAMPUS SKILLED NURSING FACILITY (R6120) 2000 Account Clerk (600) - 1 position - GRADE 6 Linda Anderson 4/9/84 5 13.58***

Account Clerk/Typist (601) - 1 position - GRADE 7 Wendy Detmer 4/9/90 5 13.36* 4/9/2000 13.67** Activities Aide (500) - 4 positions - GRADE 4 Sarah E. Hopkins 7/27/81 5 12.79*** Dawn Lubanski 5/11/86 5 12.49** Pearl Runfola 7/14/80 5 12.79*** 7/16/2000 13.09**** Sharon Tuso 10/21/74 5 13.09****

Administrative Secretary (602) - 1 position - GRADE 10 Patricia L. Murray 5/15/72 5 16.04****

Admissions Coordinator (337) - 1 position-GRADE 14 Wanda Schillinger 2/22/99 2 17.05

Charge Nurse (208) - 5 positions - GRADE 15 Kathy J. Baehr 3/5/84 5 21.83*** Kathleen Mehlenbacher 10/11/88 5 21.36** Sarah Mehlenbacher 3/14/90 5 20.89* 3/26/2000 21.36** Diane M. Nelson 4/19/98 3 18.99 Phyllis Stevens 9/24/93 5 20.89*

Cleaner (804) - 9 positions - GRADE 2 Dorothy A. Cramer 2/11/84 5 12.17*** Colleen Crawford 9/14/84 5 12.17*** Kimberly Ebert 8/5/74 5 12.46**** Judith Hand 3/22/82 5 12.17*** Christine Marble 9/27/78 5 12.46**** Laural Nice 11/2/77 5 12.46**** Rhonda Provino 7/25/82 5 12.17*** Onalee Smith 1/13/86 5 11.88** Bonnie Stamp 6/29/81 5 12.17***

Clerk/Typist (604) - 1 position - GRADE 2 Donna Huff 11/9/98 1 9.68

Custodial Worker (805) - 1 position - GRADE 3 Brenda Stevens 7/2/79 5 12.76****

Hairdresser (704) - 1 position - GRADE 4 Jane E. Clute 3/15/71 5 13.09****

Housekeeper (509) - 1 position - GRADE 11 Cheryl Beach 9/2/74 5 17.02****

Leisure Time Activities Director (504) - 1 position - GRADE 6 342

Debra Sanford 12/8/69 5 13.89****

Licensed Practical Nurse (302) - 23 positions - GRADE 9 Joan F. Barnett 10/14/75 5 15.41**** Cheryl R. Bentley 9/20/98 2 12.66 Theresa Cartwright 1/15/90 5 14.42* 1/16/2000 14.75** Margaret DioGuardi 7/19/87 5 14.75** Sheila Duryee 1/1/94 5 14.42* Susan Edwards 1/27/92 5 14.42* Elizabeth Fisher 10/26/97 3 13.11 Jill R. Fry 1/27/92 5 14.42* Virginia A. Graham 1/26/89 5 14.75** Donna L. Hartnett 2/3/85 5 14.75** 2/13/2000 15.08*** Terre J. Krauss 4/25/93 5 14.42* Mary E. Liberti 5/10/74 5 15.41**** Joanne Nolan-Smith 11/16/98 2 12.66 Theresa Owens 9/14/87 5 14.75** Tonya C. Palmer 4/18/98 3 13.11 Valerie Powers 9/11/92 5 14.42* Lisa M. Reynolds 8/28/90 5 14.42* 9/10/2000 14.75** Donald H. Simpson 11/24/84 5 15.08*** Chere’ L. Wells 6/21/99 2 12.66 Nancy E. Witham 11/25/84 5 15.08*** Betty Youmans 5/24/99 2 12.66 Vacant NH 10.56 Vacant NH 10.56

Nursing Assistant (505) - 57 positions - GRADE 4 Julie Arena 1/1/94 5 12.19* Linda Barnhardt 8/23/93 5 12.19* Lois Beardsley 12/5/82 5 12.79*** Marlee Ann Bickford 6/20/99 1 10.24 Michelle Bonadonna 11/29/93 4 11.76* Sharon Cobb 12/27/83 5 12.79*** Linda Conway 6/22/97 3 11.07 Kelly Craft 10/13/96 3 11.07 Shirete Derti 4/25/99 1 10.24 Marjorie Dickinson 8/25/96 3 11.07 Deborah J. Drew 6/4/89 5 12.49** Samantha Dunn 1/24/99 1 10.24 Joyce M. Fisher 2/17/85 5 12.49** 2/27/2000 12.79*** Helen Follett 1/13/75 5 13.09**** Melanie Follett 10/22/89 5 12.49** Cathy Garland 12/12/99 B 9.41 Laura Genova 8/29/99 B 9.74 Lori Gibson 8/25/96 3 11.07 Cindy Hampton 6/22/86 5 12.49** Jennifer Hoehn 4/25/99 1 10.24 Justina Hoffman 2/22/99 1 10.24 343

Ethel Houghtaling 8/10/97 2 10.64 Suzanne Huber 4/20/97 3 11.07 Dodie Hunt 12/27/98 1 10.24 Mary K. James 10/1/92 5 12.19* Janis Leach 6/22/97 3 11.07 Phylis Mains 11/7/94 5 12.19* Sandra Miller 1/14/79 5 13.09**** Barbara Moore 6/27/82 5 12.79*** Nancy L. Palme 12/20/99 NH 8.77 Sharon Pifer 7/20/97 2 10.64 Donna M. Pike 7/27/98 1 10.24 Patricia S. Predmore 3/1/92 5 12.19* Elise Prevost 3/1/92 5 12.19* Valerie Provorse 8/22/93 5 12.19* Susan Reid 4/19/82 5 12.79*** Maximino Rodriquez,III 10/11/98 1 10.24 Deborah A. Rogers 3/21/99 1 10.24 Crystal Rudgers 5/28/93 4 11.76* Shirley A. Schledorn 6/1/91 5 12.19* Brenda Shaw 8/17/97 2 10.64 Susan Sylvester 10/15/95 4 11.46 10/22/2000 11.76* Sarah Thomas 8/29/99 NH 8.77 Denise M. Thompson 2/2/97 3 11.07 Courtney Valentino 11/21/99 NH 8.77 Stella Vazquez 6/1/91 5 12.19* Brenda Vondell 9/10/92 5 12.19* Steven Vondell 4/8/91 5 12.19* Karen Webster 10/4/99 NH 8.77 Bambi Witherow 10/14/99 NH 8.77 Penny Wood 11/1/98 1 10.24 Bonnie Woollett 9/2/94 5 12.19* Julie Wray 6/22/97 3 11.07 vacant NH 8.77 vacant NH 8.77 vacant NH 8.77 vacant NH 8.77

Occupational Therapist - (270) - 1 position - GRADE 17 Anthony Jarzyna 10/20/97 2 20.92

Pharmacy Aide (639) - 1 position - GRADE 4 Lori Scala 2/8/93 5 12.19*

Physical Therapist (233) - 1 position - GRADE 17 Marc Negrotto 1/27/97 5 23.34

Physical Therapy Assistant (333) 1 position - GRADE 11 Debra Anne McNicholas 10/19/98 2 14.00

Registered Professional Nurse (242) - 7 positions - GRADE 14 Karen L. Cancilla 12/7/98 2 17.05 Robert Huff 1/6/97 4 18.45 344

Barbara Jones 3/5/95 5 19.17 3/12/2000 19.63* Cindy J. Kuhn 9/6/94 5 19.63* Gail Sparling 3/10/80 5 20.55*** 3/12/2000 21.01 **** Deborah Stom 8/2/93 5 19.63* vacant NH 14.10

Senior Account Clerk (619) - 4 positions - GRADE 9 Linda Goodwin 10/10/79 5 15.41**** Jane Maloney 12/19/88 5 14.75** Carol Rittenhouse 5/1/89 5 14.75** Marie Sobel 2/22/72 5 15.41****

Senior Social Work Assistant (268) - 1 position - GRADE 15 Mary Kaye Meehan 1/5/87 5 21.36**

Senior Typist (627) - 3 positions - GRADE 7 Robin Hooker 6/8/87 5 13.67** Barbara A. Orlando 6/26/86 5 13.67** Ann Schwenzer 7/17/89 5 13.67**

Social Work Assistant (254) - 3 positions - GRADE 14 Lynne Heather 5/31/94 5 19.63* Vicki Putney 4/7/80 5 20.55*** 4/9/2000 21.01**** vacant NH 14.10

Supervising Pharmacist (126) - 1 position - GRADE 19 Sue DeGroff 11/29/93 5 27.80*

Telephone Operator (633) - 1 position - GRADE 4 Wendy Smith 5/22/89 5 12.49**

CENTRAL SERVICES (A1610) Administrative Secretary (602) - 1 Position - Grade 10 Sally A. Donnelly 1/31/83 5 15.70***

Building Maintenance Mechanic (701) - 7 Positions - Grade 11 Robert Ellis 3/22/82 5 16.67*** Russell Fasso (N6120) 10/5/70 5 17.02**** Robert Giglio (A1620) 5/15/72 5 17.02**** Randy Gill (R6120) 11/1/79 5 17.02**** Gary Green 11/6/89 5 16.32** Daniel Horr 6/2/75 5 17.02**** Joseph Zambito 12/14/81 5 16.67***

Building Maintenance Person (801) - 4 positions - GRADE 7 Elaine Ellis (R6120) 8/11/75 5 14.29**** John D. Stewart 1/23/84 5 13.98*** John Vogt, Jr. (N6120) 2/23/99 1 11.30 vacant NH 9.76 345

Carpenter (702) - 1 position - GRADE 13 Edwin G. Sparks 4/10/72 5 19.65****

Courier (832) - 1 position - GRADE 5 Deborah Zintel 7/6/70 4 13.04****

Custodial Worker (805) - 2 positions - GRADE 3 Theresa Beardsley 3/16/87 5 12.18** Brenda Smith 2/22/77 4 12.36****

Electrician (703) - 1 position - GRADE 13 Gary G. Peffers 4/3/72 5 19.65****

Plumber (709) - 1 position - GRADE 13 Daniel C. Keenan 12/7/98 4 17.27

CLERK’S OFFICE (A1410) Index Clerk (611) - 3 positions - GRADE 8 Diane Piampiano 1/16/98 2 12.08 Charles Lyons 5/9/88 1 11.58 Barbara Rogers 9/2/97 2 12.08

Motor Vehicle Clerk (612) - 6 positions - GRADE 8 Dawn Johnston 5/9/99 1 11.58 Michelle Levey 11/18/96 3 12.54 Erica Mike 1/4/99 1 11.58 Pamela Minnehan 4/26/82 5 14.48*** Sally A. Morris 7/7/97 2 12.08 Kathleen Olson 1/2/96 4 13.03

Motor Vehicle Supervisor (614) - 1 position - GRADE 12 Diana Moffat 4/20/81 4 17.31***

Senior Index Clerk (644) - 2 positions - GRADE 10 Diane Fusco 5/2/83 5 15.70*** Toni Teresa 2/11/81 5 15.70***

Senior Motor Vehicle Clerk - (645) - 2 positions - GRADE 10 Linda Arndt 10/1/84 5 15.70*** Brenda Peters 5/27/80 5 15.70*** 6/4/2000 16.04****

Telephone Operator (633) - 1 position - GRADE 4 Kathleen Guarino 3/14/94 5 12.19*

CONESUS LAKE SEWER DISTRICT (G8131) Principal Account Clerk (235) - 1 position - GRADE 15 Judith Travis 7/28/89 5 21.36**

Senior Sewage Treatment Plant Operator (309) - 1 position - GRADE 17 C. Joseph Kornbau 1/21/74 5 25.42**** 346

Sewage Plant Operator Trainee (816) - 1 position - GRADE 12 vacant NH 12.34

Sewage Treatment Maintenance Person (817) - 2 positions - GRADE 11 Eric B. Marshall 3/1/86 5 16.32** Richard Stone 11/17/83 5 16.67***

Sewage Treatment Plant Operator (310) - 2 positions - GRADE 13 David S. Caldwell 4/21/80 5 19.22*** 4/23/2000 19.65**** Michael K. Shaver 4/1/83 5 19.22***

DISTRICT ATTORNEY (1165) Senior Legal Typist (643) - 1 position - GRADE 11 Barbara VanIngen 1/19/96 4 15.08

ECONOMIC DEVELOPMENT DEPARTMENT (A6989) Administrative Secretary (602) - 1 position - GRADE 10 Mary Carney 10/4/99 NH 10.91

EMERGENCY MANAGEMENT SERVICES (A3640) Senior Typist (627) - 1 position - GRADE 7 Karol Thomas 2/24/94 5 13.36*

EMPLOYMENT AND TRAINING (J6292) Account Clerk/Typist (601) 1 position - GRADE 7 Pamela Marullo 9/27/99 NH 9.76

Employment & Training Counselor (219) - 6 positions - GRADE 13 Donna M. Bigger 7/11/77 5 19.65**** Wesley Kobylak 9/26/94 5 18.36* Denise Schaller 1/8/96 4 17.27 Helen P. Terry 12/1/97 2 15.97 Vacant NH 13.21 Vacant NH 13.21

Employment & Training/Youth Bureau Coordinator (284) - 1 position - GRADE 15 (J6290) C. Keith Mitchell 4/30/90 5 20.89* 5/7/2000 23.36** Senior Account Clerk (619) - 1 position - GRADE 9 Patricia Fagan 4/3/95 5 14.09 4/9/99 14.42*

HIGHWAY DEPARTMENT Account Clerk/Typist (601) - 1 position - GRADE 7 (D5010) vacant NH 9.76

Automotive Mechanic (700) - 2 positions - GRADE 12 (M5130) Carl Guldenschuh 5/24/99 1 14.31 John Kenney, Jr. 5/22/78 5 18.32****

Bridge Construction Foreman (713) - 1 position - GRADE 14 (D5110) 347

Richard H. Paul, Jr. 4/18/79 5 21.01****

Engineering Technician (315) - 2 positions - GRADE 13 (D5020) Lawrence A. LaRue 1/3/89 5 18.79** Vacant NH 13.21

Motor Equipment Operator II (706) - 8 positions - GRADE 10 (D5110) Kevin Barnhardt 4/1/96 4 14.18 Christopher Buckley 6/3/96 4 14.18 Michael Donovan 5/13/96 4 14.18 Howard A. Guldenschuh 5/8/89 5 15.36** Charles Hamsher, Jr. 6/27/94 5 15.02* William F. Henry 5/15/89 5 15.36** Bruce Hitchcock 7/22/96 3 13.68 Vacant NH 10.91

Motor Equipment Operator III (707) - 7 positions - GRADE 11 (D5110) Dean Bourgoine 5/8/89 5 16.32** Thomas L. Canute, Jr. 8/15/88 5 16.32** Raymond L. Clark 12/7/87 5 16.32** Christopher J. Grosse 4/29/96 4 15.08 Fred R. Shutt 3/1/93 5 15.97* David D. Wilkins 5/18/87 5 16.32** vacant NH 11.63

Principal Clerk (615) - 1 position - GRADE 10 (D5010) Cynthia Dennison 1/1/71 5 16.47**** (.43 included)

Road Contruction Supervisor (715) - 1 position - GRADE 14 Stephen M. Cowley 6/24/96 5 20.09**

Road Maintenance Supervisor (710) - 2 positions - GRADE 14 (D5110) David Crawford 8/24/87 5 20.09** David C. Wentworth 11/7/88 5 20.09**

Senior Account Clerk/Typist (621) - 1 position - GRADE 9 (D5010) Michelle Lunn 11/21/88 5 14.75**

Senior Sign Technician (314) - 1 position - GRADE 11 (D5110) Steven P. Widener 6/4/80 5 16.67*** 6/4/2000 17.02**** Shop Manager (711) - 1 position - GRADE 14 (M5130) Michael J. Gridley 6/2/80 4 19.83*** 6/4/2000 20.29****

Sign Shop Technician (714) - 1 position - GRADE 10(D5110) Stephen Williams 5/3/99 1 12.62

Welder Fabricator (317) - 1 position - GRADE 13 (D5110) Brian Mastin 9/5/89 5 18.79**

Working Foreperson (712) - 2 positions - GRADE 12 (D5110) 348

Daniel Walkley 1/3/78 5 18.32**** vacant NH 12.34

INFORMATION & TECHNOLOGY SERVICES DEPARTMENT (A1680) Computer Training Coordinator/Operator (327) - 3 positions - GRADE 17 Catherine A. Potwora 12/13/99 NH 17.35 Thomas Q. Taylor 5/4/98 1 20.15 Vacant NH 17.35

Programmer (292) - 2 positions - Grade 17 Martin R. DeMarte 1/19/87 5 24.38** Elaine Van Son 1/22/90 5 23.86* 1/30/2000 24.38** Senior Typist (627) - 1 position - GRADE 7 Susan D. Pratt 10/21/81 5 13.98***

MENTAL HEALTH (A4310) Account Clerk/Typist (601) - 1 position - GRADE 7 Sandra L. Woodarek 5/16/94 5 13.36*

Administrative Officer (321) - 1 position - GRADE 15 Joanne Semmel 8/20/84 5 21.83***

Case Management Supervisor (194) - 1 position - GRADE 17 Michael Allen 11/4/96 1 20.15

Clerk/Typist (604) - 1 position - GRADE 2

Renee Westfall 11/15/99 NH 8.34

Community Mental Health Nurse (209) - 1 position - GRADE 17 Pamela Boyd 5/21/91 5 23.86*

Intensive Case Manager (296) - 1 position - GRADE 15 Vacant NH 15.18

Mental Health Clinical Supervisor (283) - 1 position - GRADE 19 Gail Long 1/11/93 5 27.80*

Mental Health Clinical Therapist (228) - 6 positions - GRADE 16 John R. Allard 1/11/95 5 21.72 1/16/2000 22.21* Cathy Dale 7/14/80 4 22.41*** 7/16/2000 22.90**** Kevin J. Lewis 8/11/86 5 22.70** Alice Rogstad 5/11/92 5 22.21* Ruth Rowse 9/11/95 4 20.94 9/24/2000 21.43* Lynn Scott 12/21/92 5 22.21*

Mental Health Social Work Aide (229) - 2 positions - GRADE 13 Sarah Walton 3/9/98 2 15.97 vacant NH 13.21 349

Psychiatric Social Work Assistant (263) - 1 position - GRADE 14 Anne Valentino 2/5/96 4 18.45

Senior Clerk (622) - 1 position - GRADE 7 Lee Schneider 1/29/96 4 12.62

Senior Typist (627) - 1 position - GRADE 7 Christina M. Strain 8/22/80 5 13.98*** 8/27/2000 14.29**** PERSONNEL OFFICE (A1430) Clerk/Typist (604) 1 position - GRADE 2 Vacant NH 9.76

Personnel Assistant (318) - 1 position - GRADE 10 Lauraine M. Beach 3/31/82 5 15.70***

Senior Clerk (622) - 1 position - GRADE 7 Marlene Hamilton 8/29/88 5 13.67**

Senior Typist (627) - 1 position - GRADE 7 Amy J. Griffith 7/13/95 2 11.75 7/16/2000 12.06* PLANNING (A8020) Administrative Secretary (602) - 1 position - GRADE 10 Darlene Essler 12/6/93 5 15.02*

Planner (234) - 1 position - GRADE 17 Angela L. Ellis 5/9/94 5 23.86*

Planning Assistant (328) - 1 position - GRADE 13 Heather Hogarty 10/5/98 1 15.33

Senior Account Clerk (619) - 1 position - GRADE 9 Martha K. Linsner 8/21/78 5 15.41****

PLANNING - HOUSING (A6311) Housing Assistance Representative (610) - 1 position - GRADE 12 Delia P. Keefe 6/18/80 5 17.92*** 6/18/2000 18.32**** Housing Programs Coordinator (222) - 1 position - GRADE 15 Ruth Swift 9/7/82 5 21.83***

Senior Typist (627) - 1 position - GRADE 7 Patricia Therrien 5/18/92 5 13.36*

PLANNING - WEATHERIZATION (A6310) Account Clerk/Typist (601) - 1 position - GRADE 7 Barbara Dutton 4/18/90 5 13.36* 4/23/2000 13.67**

Energy Programs Supervisor (220) - 1 position - GRADE 15 Donald E. Huff 12/15/80 5 21.83*** 350

12/17/2000 22.30**** Winterization Aide (818) - 2 positions - GRADE 6 James George 1/10/95 5 12.65 1/16/2000 12.96* Vacant NH 9.32

Winterization Foreperson (819) - 2 positions - GRADE 11 Terrance Burke 9/2/97 1 13.46 Vacant NH 11.63

PROBATION (A3140) Clerk/Typist (604) - 1 position - GRADE 2 vacant NH 8.34

Probation Officer (238) - 6 positions - GRADE 14 (Trainee (237) - GRADE 13) Mary Clark 8/11/76 5 21.01**** Colleen Fronk (Trainee) 12/27/99 NH 13.21 Dennis Jasinski 8/12/96 3 17.76 Debra Johnston 6/30/97 3 17.76 Lynne C. Mignemi 11/27/87 5 20.09** Lorraine Perrine (Trainee) 11/8/99 NH 13.21 vacant NH 13.21

Probation Supervisor (239) - 1 position - GRADE 17 Karen Sue Weidman 2/14/84 5 24.90***

Senior Probation Officer (248) - 1 position - GRADE 15 Edward Erhard 2/23/76 5 22.30****

Senior Typist (627) - 2 positions - GRADE 7 Beverly Bauer 9/19/83 5 13.98*** Terri Parsons 4/16/79 5 14.29****

PUBLIC HEALTH DEPARTMENT Administrative Secretary (602) - 1 position - GRADE 10 Linda Jordan 6/18/90 4 14.52* 6/18/2000 14.86** Assistant Dog Control Officer (400) - 1 position - GRADE 1 Kathleen Tewksbury 11/13/95 4 10.61 11/19/2000 10.87* Caseworker (206) - GRADE 14 (Trainee (207) - GRADE 13) 1 position Serena Leahey (Trainee) 10/12/99 NH 13.21

Clerk (603)1 position - GRADE 2 Margaret Armold (A4082) 3/1/79 5 12.46****

Clerk/Typist - (604) - 5 positions - GRADE 2 Leane Humphrey 7/28/98 1 9.68 Susan Ladley (A4088) 1/4/99 1 9.68 Marcia Lefave 4/6/98 2 10.05 Kathleen Smith (A4035) 2/26/96 4 10.91 vacant NH 8.34 351

Clinical Aide (501) - 3 positions - GRADE 4 Melisa Fowler 9/1/99 B 9.74 Kathleen Magee (A4035) 2/17/81 5 12.79***

Lynne Martindale (A4082) 5/10/82 5 12.79***

Home Health Aide (502) - 5 positions - GRADE 4 Mary Aronhalt (A4010) 2/2/95 5 11.89 2/13/2000 12.19* Linda Broadwell (A4010) 7/18/97 2 10.64 Jo Buchinger (A4010) 2/9/95 5 11.89 2/13/2000 12.19* Karen A. McGee 3/2/98 2 10.64 Doris Smith (A4010) 1/18/88 5 12.49**

Nurse Practitioner (230) - 2 positions Darlene Taylor (A4035) 1/4/99 2 23.81 Vacant (A4035) 1 23.29

Nursing Team Assistant ( ) - 1 position - GRADE 9 Vacant NH 10.56

Public Health Educator (240) - 2 positions - GRADE 13 Ann Marie Wendland (A4010) 9/22/97 2 15.97 Vacant NH 13.21

Public Health Nurse (241) - 7 positions Laurie Calnan (A4010) 7/7/88 5 18.42** Gretchen Coleman (A4010) 3/29/82 5 18.82*** Tami Coburn (A4010) 5/5/98 3 16.99 Peggy D. Klice (A4091) 7/1/97 4 17.35 Patricia Stewart (A4010) 1/9/95 5 17.74 1/16/2000 18.04* Laurie Wester (3/5 P.T.)(A4083) 1/12/88 5 18.42** Vacant (3/5 PT) (A4010)

Public Health Nurse Job Sharing - 1 position - (fill with PHN or RN) Linda Hamilton (RN 243) (A4010) 9/18/90 5 16.98* 9/24/2000 17.36** Susan Rountree (Public Health Nurse) (A4010) 8/3/92 5 17.44**

Public Health Nurse/Registered Nurse - FT - 3 positions Deana Clark (RN) (A4010) 5/1/97 4 16.29 vacant vacant

Public Health Nurse/Registered Nurse 1/2 -5 positions Wendy Chapman (A4083) (Public Health Nurse) 8/2/99 1 16.26 Donna Kennison (Public Health Nurse) 2/3/94 5 18.04* Linda Simmons (A4083)(Registered Professional Nurse) 9/9/96 5 16.68 Bethany Wadsworth (PHN) 10/20/87 5 18.42** Vacant 352

Public Health Sanitarian (305) - 2 positions - GRADE 14 Joseph Bucci 6/1/98 2 17.05 James Kanouse 6/6/88 3 18.68**

Public Health Technician (307) - 2 positions - GRADE 11 Catherine Giles (A4010) 8/7/95 4 15.08 8/13/2000 15.43* Cathy MacPherson (A4010) 9/5/95 3 14.54 9/10/2000 14.89*

Registered Professional Nurse (243) - 11 positions Sandra Bradt (A4010) 7/13/92 5 16.98* Jill Burley (A4010) 5/7/97 4 16.29 Elaine R. Dearcop (A4035) 11/2/95 5 16.68 11/05/2000 16.98* Theresa A. Gilliland (A4010) 2/6/85 5 17.36** 2/13/2000 17.76*** Lee G. Harris (A4082) 7/28/98 4 16.29 Adrienne Hodge (A4010) 5/6/96 5 16.68 Janet Lewis (A4010) 4/1/82 5 17.76*** Christine J. Phelps (A4035) 4/23/85 5 17.36** 4/23/2000 17.76*** Tina Truax (A4010) 3/9/98 4 16.29 Sandra VanArsdale -Lamb (A4010) 7/7/97 5 16.68 Vacant

Senior Account Clerk/Typist (621) - 2 positions - GRADE 9 Linda Cole (A4010) 10/11/94 5 14.42* Tamara A. Gullo (A4035) 10/26/81 5 15.08***

Senior Public Health Educator (331) - 1 position - GRADE 15 Lisa M. Beardsley 7/12/93 4 20.18*

Senior Public Health Sanitarian (330) - 2 positions - GRADE 16 Richard Davin (A4097) 6/10/87 5 22.70** Deborah Farberman 6/18/73 5 23.68****

Senior Typist (627) - 4 positions - GRADE 7 Janice Boss (A4010) 1/10/94 3 12.50* Josephine Deragon (A4010) 10/27/80 5 13.98*** 11/5/2000 14.29**** Mary Gibson (A4035) 7/5/89 5 13.67** Alise E. Rounsville (A4010) 8/13/84 5 13.98***

Supervising Public Health Nurse (256) 5 positions Deborah Brown (A4010) 9/28/98 3 18.03 Kathy Lehman (A4010) 4/8/86 5 19.91** Cynthia Sheflin (A4010) 2/13/90 5 19.53* 2/13/2000 19.91** Carol Thompson (A4083) 9/20/93 5 19.53* Colleen Vokes(A4035) 5/14/84 5 20.31***

WIC Program Nutritionist (262) - 1 position - GRADE 16 353

Nancy M. Reding (A4082) 9/22/80 5 23.19*** 9/24/2000 23.68**** REAL PROPERTY TAX SERVICES (A1355) Real Property Tax Services Aide (618) - 1 position - GRADE 9 Beverly Dunning 1/31/78 5 15.41****

Senior Tax Map Technician (251) - 1 position - GRADE 15 Joseph Pukos 2/1/82 5 21.83***

Senior Typist (627) - 1 position - GRADE 7 Sandra Johnson 10/9/85 5 13.67** 10/22/2000 13.98***

SHERIFF'S DEPARTMENT Civilian Dispatcher (605) - 11 positions - GRADE 9 (A3151) Christine M. Bovee 7/1/88 5 13.84** William Boyd 7/14/97 3 12.54 Andrew Eve 3/26/98 2 12.02 Heather L. Gross 10/24/94 2 12.14* Larry Heins 12/6/99 B 10.98 Wendy Hopkins 6/9/91 4 13.18* Ami Parekh 1/25/99 1 11.50 Jennifer Paules 12/5/99 B 10.98 Frank Radesi, Jr. 8/9/93 4 13.18* Kelly Switzer 5/10/99 1 11.50 Leon B. Worden 7/24/89 4 13.32**

Clerk/Typist (604) - 3 positions - GRADE 2 Joan E. Emery (A3112) 4/12/84 5 11.39*** Janet Lawrence (A3110) 3/18/96 4 10.57 Stephanie Young (A3147) 8/30/99 1 9.39

Cook (808) - 2 position - GRADE 9 (A3150) Duayne Piniewski 3/26/92 4 13.18* Bradley Shellenbarger 12/27/89 4 13.18* 1/3/2000 13.32**

Corrections Corporal(197) - 4 positions - GRADE 13 (A3150) Raymond Bartolotti 1/27/91 4 16.36* Jamie Kelley 9/14/94 4 16.36* Donald Lubanski 1/27/91 4 16.36* Rodney Schirmer 9/26/87 5 17.14**

Corrections Officer (199) - 16 positions - GRADE 12A (A3150) Mark Cole 11/19/96 3 14.55 Frederick K. Cutcher 7/5/91 4 15.29* Daniel P. DeLeeuw 3/31/93 4 15.29* George P. Frisiras 12/21/97 2 13.94 Jeffrey Hammond 12/1/96 3 14.55 Michael Hillier 9/1/97 3 14.55 Lawrence Kennedy 9/30/97 3 14.55 Donald J. Plank 1/8/98 2 13.94 Matthew Polizzi 4/26/98 2 13.94 354

Daniel Rittenhouse 7/3/97 3 14.55 Patricia Rose 11/4/99 B 12.69 William Sackett 11/7/84 5 16.21*** Matthew Templeton (412-000) 12/27/89 4 15.29* 1/3/2000 15.43** Jeffrey Wiedrick 9/9/93 4 15.29* Todd E. Wilcox (412-000) 12/5/90 4 15.29* 12/17/2000 15.43** Vacant B 12.32

Corrections Sergeant (195) - 1 position - GRADE 14 (A3150) Jack Conklin 11/1/83 5 18.35***

Court Security Officer (196) - 3 positions - GRADE 13 (RP) (A3116) Patrick Lynch 11/23/97 2 14.67 Linda J. Macaluso 10/4/99 B 13.25 Brent Mistretta 12/26/92 4 16.05*

Court Security Sergeant (198) - 1 position - GRADE 14 (RP) (A3116) David Provo 5/12/84 5 18.01***

Deputy Sheriff/Communications Officer (401) - 1 position - GRADE 12 Jodi Giglio-Richardson (A3151) 3/21/83 5 16.52***

Deputy Sheriff/Corporal (Road Patrol) (269) - 1 position - GRADE 14 (RP) Laurence Tetamore 9/10/78 5 18.01***

Deputy Sheriff/Investigator (224) - 6 positions - GRADE 15 (RP) Ray R. Ellis (A3147) 2/10/77 5 19.17*** Ronald Huff, Jr.(A3110) 12/27/89 4 18.11* 1/2/2000 18.25** Gerald H. Kane(A3110) 8/31/85 4 17.99** 9/10/2000 18.42*** Kimberly S. Moran (A3147) 5/10/86 5 19.00** Douglas E. Morsch (A3110) 1/26/79 5 19.17*** William T. Smith (A3110) 2/25/73 5 19.17***

Deputy Sheriff/Major(Corrections) (227) - 1 position - GRADE 16 (A3150) James Rose 9/18/90 4 19.68* 9/24/2000 19.82**

Deputy Sheriff/Major (Investigations) (191) - 1 position - GRADE 17 (RP) (A3110) Martin D. Herkimer 10/19/76 4 21.19***

Deputy Sheriff/Major(Road Patrol) (190) - 1 position- GRADE 17 (RP) (A3110) James Szczesniak 6/1/86 4 21.02**

Deputy Sheriff /Road Patrol (402) - 23 positions - GRADE 13 (RP) (A3110) Phyllis Adamson (A3111) 9/2/96 1 13.92 Brian Applin(A3111) 6/6/94 4 16.05* Jennifer L. Barrett 12/9/98 1 13.92 Matthew Bean 5/28/98 2 14.67 Rodrick J. Bennett 1/27/91 4 16.05* 355

Matthew Burgess 10/14/94 4 16.05* Daniel Burk (A3111) 1/27/91 4 16.05* William Cartwright 2/1/90 4 16.05* 2/13/2000 16.19** Daniel Chapman 6/2/95 4 15.93 6/4/2000 16.05* Gene E. Chichester 5/26/97 3 15.30 William Clarke 7/24/95 4 15.93 7/30/2000 16.05* John N. Curtiss 1/26/83 5 16.99*** Chad Draper 6/29/99 1 13.92 Michael W. Duby 1/24/77 5 16.99*** Kevin Geer 7/26/99 1 13.92 Joseph Granita (A3110) 11/1/82 5 16.99*** Michael Haugh 2/14/98 2 14.67 Bryan Mann 8/2/99 1 13.92 Tamara Miller 3/30/92 4 16.05* Theodore J. Miskell (A3110) 8/16/76 5 16.99*** Cory Noto 9/30/97 3 15.30 Bradley Schneider 8/2/99 1 13.92 Michael Yencer 7/3/97 3 15.30

Deputy Sheriff/Sergeant (Road Patrol) (252) - 7 positions - GRADE 15 (RP) Irving J. Barkan (A3110) 5/8/72 5 19.17*** Michael Bradley (A3110) 7/31/88 4 18.25** Frederick W. Ingalls (A3110) 2/28/87 4 18.25** Robin Maloney (A3110) 11/26/73 5 19.17*** Randall Morris (A3110) 12/19/79 5 19.17*** Christopher L. Smith (A3112) 8/16/86 5 19.00** vacant

Principal Clerk (615) - 1 position - GRADE 10 Pamela B. Rychlicki (A3110) 8/23/76 5 14.67***

Secretary to the Sheriff (016) - 1 position - GRADE 10 Brenda Smith 10/7/88 5 14.50**

Senior Account Clerk (619) - 1 position - GRADE 9 Ellen K. Smith 4/3/89 4 13.32**

SKILLED NURSING FACILITY Activities Aide (500) - 2 positions - GRADE 4 Darla Oliver 9/11/78 5 13.09**** Barbara A. Thompson 7/21/85 5 12.49** 7/30/2000 12.79***

Administrative Secretary (602) - 1 position - GRADE 10 Gail Brundage 2/22/83 5 15.70***

Charge Nurse (208) - 5 positions - GRADE 15 Jo Anne Barratt 12/3/79 5 22.30**** Ruby DeRitter 11/19/92 5 20.89* Christopher Handy 6/8/98 3 18.99 356

Carolyn Ozzello 4/27/98 3 18.99 Cynthia Pender-Canarvis 10/1/90 5 20.89* 10/8/2000 21.36**

Cleaners (804) - 5 positions - GRADE 2 Barbara M. Beardsley 6/2/86 5 11.88** Nancy Harper 8/9/79 5 12.46**** Margaret M. VanBuren 4/4/77 5 12.46**** Lou Ann Weidman 11/17/77 5 12.46**** Vacant NH 8.34

Clerk/Typist (604) - 1 position- Grade 2 Tracy Stallabrass 9/27/99 NH 8.34

Hairdresser (704) - 1 position - GRADE 4 Gwendolyn J. Snyder 10/21/74 5 13.09****

Laundry Worker (812) - 2 positions - GRADE 3 Joyce Johnson 8/21/68 5 12.76**** Esther Myers 12/18/67 5 12.76****

Leisure Time Activities Director (504) - 1 position - GRADE 6 Katherine Baumgardner 6/8/70 5 13.89****

Licensed Practical Nurse (302) - 18 positions - GRADE 9 Donna Albanese 2/8/99 2 12.66 Cheryl Bailey 7/1/91 4 13.97* Crystal Bowman 9/21/87 5 14.75** Dorsy Caudill 9/21/87 5 14.75** Pamela Farruggia 5/31/77 5 15.41**** Sheila Fox 1/10/81 5 15.08*** Brenda Harvey 9/6/95 5 14.09 9/10/2000 14.42* Diane Herbst 10/7/96 4 13.64 Claudia Houtz 3/16/87 5 14.75** Marie LaRue 1/9/89 5 14.75** Patricia Macomber 9/20/77 5 15.41**** Sharon McGinnis 8/5/93 5 14.42* Jennifer Riggerello 7/15/96 4 13.64 Edith Wester 8/27/79 5 15.41**** Shannon Wolcott 8/30/99 1 12.19 Donna Zabrocki 9/5/95 5 14.09 9/10/2000 14.42* vacant NH 10.56 vacant NH 10.56

Medical Typist (613) - 1 position - GRADE 7 Cheryl A. Rossborough 10/9/85 5 13.67** 10/22/2000 13.98*** Nursing Assistant (505) - 54 positions - GRADE 4 Carolyn Aldrich 4/28/86 5 12.49** Lillian Allen 8/4/69 5 13.09**** Bobbi J. Babbitt 5/1/95 5 11.89 357

5/7/2000 12.19* Debra Barney 7/10/88 5 12.49** Dawn Barrett 11/5/90 5 12.19* 11/5/2000 12.49** Debra Beachel 3/22/99 1 10.24 Dorinda Bennett 1/25/93 5 12.19* Donna Brooks 9/28/97 2 10.64 Nancy J. Burch 4/2/80 5 12.79*** 4/9/2000 13.09**** Linda Burns 7/15/73 5 13.09**** Lisa Caldwell 9/13/88 5 12.49** Tina Cartwright 3/31/94 5 12.19* Patricia Chichester 9/8/97 2 10.64 Gerelene Clar 7/17/93 4 11.76* Dionne Claud 3/15/99 1 10.24 Irene Covell 10/3/88 5 12.49** Joyce E. Crane 1/27/94 5 12.19* Linda Craun 10/2/95 4 11.46 10/8/2000 11.76* Tina Dean 7/14/97 2 10.64 Sally Donohue 3/23/95 5 11.89 3/26/2000 12.19* Patricia C. Donovan 8/19/81 5 12.79*** Dale Eldridge 1/13/92 5 12.19* Richard Emerson 9/16/94 5 12.19* Brenda Faulkner 10/10/95 4 11.46 10/22/2000 11.76* Heather Foote 11/29/99 NH 8.77 Margaret Hardy 9/18/79 5 13.09**** JoAnn L. Harrington 1/14/91 5 12.19* Debbie Henry 11/04/96 3 11.07 Saysamone Kettavong 4/28/86 5 12.49** Penny Lauko 9/1/97 2 10.64 Stacy Mandigo 11/20/95 4 11.46 12/3/2000 11.76* Carol McOwen 5/23/99 1 10.24 Tammi Minnehan 8/3/90 4 11.76* 8/13/2000 12.06** Barbara Paddock 9/28/87 5 12.49** Wanda Parsons 11/25/96 3 11.07 Gina Poole 8/16/99 B 9.74 Melody Robinson 6/8/87 5 12.49** Eileen Root 10/8/93 5 12.19* Janel Shoup 12/6/99 NH 8.77 Victoria Smith 5/23/99 1 10.24 Melissa Stanton 9/27/99 NH 8.77 Jin States 4/11/88 5 12.49** Leanne VanLare 9/12/99 NH 8.77 Michelle Walker 3/17/93 5 12.19* Cary Ann Wiedrick 4/16/98 2 10.64 Laurie Willey 9/27/98 1 10.24 Rachael Williams 2/28/99 1 10.24 Elana Wilson 6/21/99 1 10.24 358

Melissa Wormurth 3/22/99 1 10.24 Kelly Wybron 1/22/97 3 11.07 vacant NH 8.77 vacant NH 8.77 vacant NH 8.77 vacant NH 8.77

Occupational Therapist (270) - 1 position - GRADE 17 Tricia A. Ruliffson 9/8/98 2 20.92

Physical Therapist (233) - 1 position - GRADE 17 Richard Baumgardner 7/2/73 5 25.42****

Registered Professional Nurse (242) - 4 positions - GRADE 14 Kathleen Crye 12/20/87 3 18.68** Linda McCauley 8/24/92 3 18.22* Christine Mastin 6/17/79 5 21.01**** Rhonda L. Walker 12/15/98 2 17.05

Senior Cleaner (815) - 1 position - GRADE 5 Dorothy McClurg 2/15/71 5 13.44****

Social Work Assistant (254) - 2 positions - GRADE 14 Noreen Burdick 9/5/67 5 21.01**** John Crandall, Jr. 1/4/71 5 21.01****

Telephone Operator (633) - 1 position - GRADE 4 Renee Chichester 5/13/91 5 12.19*

SOCIAL SERVICES DEPARTMENT (A6010) Account Clerk/Typist (601) - 3 positions - GRADE 7 Jodel M. Donovan 1/5/98 2 11.75 Elaine Hewes 1/17/94 5 13.36* Yvonne Jacobs 8/28/95 4 12.62 9/10/2000 12.93*

Accounting Supervisor (200) - 1 position - GRADE 15 George Macomber 10/4/84 5 21.83***

Case Management Aide (503) - 4 positions - GRADE 7 Vivian C. Buchinger 12/7/81 5 13.98*** Linda Haynes 3/9/98 2 11.75 Maureen Schneider 1/17/82 5 13.98*** vacant NH 9.76

Case Supervisor (205) - 5 positions - GRADE 16 James Cornell 5/10/76 5 23.68**** Michelle Davidson 1/19/81 5 23.19*** Marilyn Simons 6/12/74 5 23.68**** Anne Williams 4/12/76 5 23.68**** vacant NH 16.16

Caseworker (206) - 26 positions - GRADE 14 (Trainee (207) - GRADE 13) 359

Charles Belanger (Trainee) 6/9/99 1 15.33 Jane Bourgoine 9/11/89 5 20.09** Kathleen Carr 1/4/82 5 20.55*** Raquel Cassieri (Trainee) 5/24/99 1 15.33 Tracy Coultry 11/14/94 3 18.22* Dianne Davis (Trainee) 9/15/99 NH 13.21 Barbara DeMay 4/2/90 5 19.63* 4/9/2000 20.09** Kate DeRoberts (Trainee) 4/19/99 1 15.33 Michelle Driscoll-Reed 6/28/93 5 19.63* Susanne Helles 8/8/88 5 20.09** Deborah MacIntyre 12/2/96 3 17.76 Donna Mankoff 9/30/85 5 20.09** 10/08/2000 20.55*** Heather Mitchell 9/30/96 3 17.76 Kelly Monteleone 12/8/89 5 20.09** Mary K. Murphy 4/7/86 5 20.09** Judith Pendleton 4/3/78 5 21.01**** Joni Quackenbush (Trainee) 11/24/99 NH 13.21 Stephen Rapp 12/19/94 5 19.63* Kimberlee S. Schifino(Trainee) 9/15/97 1 15.33 Christina Schneider (Trainee) 3/8/99 1 15.33 Gloria Smith (Trainee) 11/24/99 NH 13.21 Debra Terry (Trainee) 6/14/99 1 15.33 Daniel R.Thompson 1/12/87 5 20.09** Audrey VanOverbake 8/5/85 5 20.09** 8/13/2000 20.55*** Michelle Weaver 9/2/97 2 17.05 vacant NH 13.21

Clerk/Typist (604) 9 positions - GRADE 2 Patricia Cassidy 3/17/86 5 11.88** Audrey T. Huver 1/7/94 5 11.59* Bernita Kelley 6/28/99 1 9.68 Michelle LeFave 2/5/99 1 9.68 Meredith Lockman 5/6/98 2 10.05 Ellen Nichols 6/24/87 5 11.88** Heidi Spaulding 7/22/96 3 10.49 vacant NH 8.34 vacant NH 8.34

Coordinator - Child Support Unit (285) - 1 position - GRADE 15 Antoinette Powell 3/17/81 4 21.12***

Coordinator of Volunteer Services (210) - 1 position - GRADE 14 Maureen Randall 9/17/79 5 21.01****

Courier (832) - 1 position - GRADE 5 Nanci L. Paddock 8/21/83 5 13.14***

Director of Social Services (218) - 1 position - GRADE 19 Sandra Wright 5/21/70 5 29.75**** 360

Legal Assistant (226) - 1 position - GRADE 13 Janis Bassett 3/26/84 5 19.22***

Mobile Work Crew Supervisor (326) - 1 position - GRADE 10 Steven Paddock 7/13/98 1 12.62

Network Administrator ( ) - 1 position - GRADE 17 vacant NH 17.35

Principal Clerk (615) - 1 position - GRADE 10 Bambi Nobles 12/1/82 5 15.70***

Principal Social Welfare Examiner (236) - 5 positions - GRADE 15 Donna Adamson 1/9/85 2 19.23** 1/16/2000 19.70*** Charles Argenna 7/10/78 5 22.30**** Denise Bentley 4/23/79 5 22.30**** Joann Colaizzi 10/7/74 5 22.30**** Howard Mankoff 2/1/82 5 21.83***

Principal Typist (640) - 2 positions - GRADE 10 Eileen Hynes 12/1/80 5 15.70*** 12/3/2000 16.04**** Wendy Preston 8/28/95 4 14.18 9/10/2000 14.52*

Senior Account Clerk (619) - 7 positions - GRADE 9 Deborah Beardsley 4/15/91 5 14.42* Brenda Haywood 10/30/95 4 13.64 11/5/2000 13.97* Mary Hendryx 3/27/67 5 15.41**** Wendy Howell 5/24/99 1 12.19

Senior Account Clerk (619) - GRADE 9 Cont. Francine LoVerde 6/9/80 5 15.08*** 6/18/2000 15.41**** Joan Loop 9/16/85 5 14.75** 9/24/2000 15.08*** Barbara Muscato 12/8/80 5 15.08*** 12/17/2000 15.41**** Senior Caseworker (245) - 6 positions - GRADE 15 Sharon Deming 5/24/93 5 20.89* Pamela Fowler 6/18/90 5 20.89* 6/18/2000 21.36** Laird Gelser 1/4/82 5 21.83*** Gayla Morris 11/10/80 5 21.83*** 11/19/2000 22.30**** Nancy Park 11/6/78 5 22.30**** Patricia Schwegler 9/29/80 5 21.83*** 10/8/2000 22.30****

Senior Clerk (622) 2 positions - GRADE 7 Diane Campfield 8/13/80 5 13.98*** 361

8/13/2000 14.29**** Pamela Lamont 5/24/93 4 12.93*

Senior Social Welfare Examiner (624) - 7 positions - GRADE 12 Christine Clark 11/2/79 5 18.32**** Linda Gray 5/20/74 5 18.32**** Marilyn Hally 5/21/79 5 18.32**** Marianne Hilderbrant 8/13/84 5 17.92*** Mary Ann Johnson 3/2/81 5 17.92*** Virginia Palone (11-15-99) 7/20/89 5 17.52** Robert Wright 2/1/82 5 17.92***

Senior Support Investigator (626) - 1 position - GRADE 12 Ginny Rawleigh 5/11/81 5 17.92***

Senior Typist (627) 14 positions - GRADE 7 Lucille Bacon 5/1/89 5 13.67** Sandra Burr 9/30/85 5 13.67** 10/8/2000 13.98*** Ruthmary Cappadonia 5/19/80 5 13.98*** 5/21/2000 14.29**** Marguerite Chapman 12/9/85 5 13.67** 12/17/2000 13.98*** Mary Lou Chapman 9/28/87 5 13.67** Claudia Dieffenbacher 3/14/78 5 14.29**** Debra Fox 1/3/94 4 12.93* Carolyn Gonyea 7/23/84 5 13.98*** Nancy Gray 9/14/87 5 13.67** Elaine Harcleroad 11/13/90 5 13.36* 11/19/2000 13.67** Rebecca A. Hughes 4/3/84 5 13.98*** Barbara Kemnitz 5/26/81 5 13.98*** Patricia Muscato 2/19/75 5 14.29**** Becky Turybury 8/20/86 5 13.67**

Social Welfare Examiners (631) - 25 positions - GRADE 11 Donna Chasey 5/31/88 5 16.32** Paula Christiano 4/25/95 1 13.46 5/7/2000 13.81* Nancy Cimino 11/20/95 4 15.08 12/3/2000 15.43* Cathlyn DeMitry 8/31/87 5 16.32** Janet Evers 8/31/87 5 16.32** Marlene Fasso 1/3/77 5 17.02**** Aleta Hamilton 2/23/87 5 16.32** Donna Least 2/17/76 5 17.02**** Tamara A. Macomber 12/11/85 5 16.32** 12/17/2000 16.67*** Karla Meyers 8/21/78 5 17.02**** Jeanette Patrick 10/30/95 3 14.54 11/05/2000 14.89* Anita J. Perovich 11/12/75 5 17.02**** Beverly Rizzo 4/13/78 5 17.02**** 362

Judy Rohrbaugh 10/30/89 5 16.32** Susan C. Scicchitano 4/12/76 5 17.02**** Marian Sisson 4/23/79 5 17.02**** Carol Smith 5/31/79 5 17.02**** Linda Taylor 8/16/76 5 17.02**** Tracy Thompson 11/13/89 5 16.32** Kelly Tonkery 1/11/94 2 14.35* Mary Jo Tubbs 10/27/86 5 16.32** Marie L. Van Buskirk 5/26/81 5 16.67*** Dora M. Williams 6/20/94 5 15.97* vacant NH 11.63 vacant NH 11.63

Staff Development Coordinator (255) - 1 position - GRADE 16 James Brand 8/7/72 5 23.68****

Support Investigator (632) - 2 positions - GRADE 11 Melody Carlin 6/28/96 5 16.32** Donna Erwin 1/7/80 5 16.67*** 1/16/2000 17.02**** Telephone Operator (633) - 2 positions - GRADE 4 June C. Argenti 10/26/92 5 12.19* Christine Strobel 9/30/85 5 12.49**

TREASURER (A1325) Senior Account Clerk (619) - 3 positions - GRADE 9 Evelyn Faulkner 2/7/75 5 15.41**** Patricia A. Gardner 6/6/88 5 14.75** William E. Genesky 9/13/93 5 14.42*

Senior Account Clerk/Typist (621) - 1 position - GRADE 9 Sharon Mark 4/25/88 5 14.75**

Title Searcher (507) - 1 position - GRADE 12 Diana Pattridge 4/8/85 5 17.52** 4/9/2000 17.92***

Dated at Geneseo, New York December 22, 1999 Personnel & Employee Relations Committee The roll was called as follows: Ayes - 1,462; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26; Olverd, 146; Total 352; Adopted.

RESOLUTION NO. 99 - 445. AMENDING RES. NO. 99-384 AUTHORIZING A CONTRACT WITH NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES FOR HOUSING OF STATE READY INMATES Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors authorized a contract with New York State Department of Correctional Services for Housing of State Ready Inmates, pursuant to Res. No. 99-384, at a cost of $74.00 per day for inmates housed over 10 days, and WHEREAS, a recent review of the daily costs to house prisoners revealed that the actual cost is $100.00 per day, it is hereby RESOLVED, that Res. No. 99-384 is amended to provide that the Chairman of the Livingston County Board of 363

Supervisors is hereby authorized to execute a contract with the New York State Department of Correctional Services for housing of State-ready inmates at a cost of $100.00 per day per inmate commencing February 1, 1999 and terminating March 31, 2000, subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York December 22, 1999 Public Safety & Criminal Justice Committee The roll was called as follows: Ayes - 1,462; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26; Olverd, 146; Total 352; Adopted.

RESOLUTION NO. 99 - 446. AUTHORIZING A CONTRACT WITH ONTARIO COUNTY FOR THE HOUSING OF PRISONERS Mr. Daley presented the following resolution and moved its adoption: WHEREAS, the County of Livingston and the County of Ontario desire to enter into a cooperative agreement pursuant to General Municipal Law, section 119-o for the housing, from time to time, of Livingston County prisoners in the Ontario County Jail, and WHEREAS, the two counties have negotiated such an agreement, a copy of which is available in the Office of the Clerk of the Board, it is hereby RESOLVED, that the 2000 Agreement between the County of Livingston and the County of Ontario, is hereby approved and the Chairman of the Board of Supervisors is hereby authorized to execute said agreement on behalf of the County of Livingston, after review by the County Administrator and County Attorney. Dated at Geneseo, New York December 22, 1999 Public Safety & Criminal Justice Committee The roll was called as follows: Ayes - 1,462; Noes - 0; Absent - Derrenbacher, 180; Jaeger, 26; Olverd, 146; Total 352; Adopted.

OTHER BUSINESS Mr. Merrick requested a motion to declare a recess in order for the Republicans and Democrats to hold their caucus to determine the official papers of the County of Livingston.

CAUCUS TO DETERMINE OFFICIAL PAPERS Mr. Layland moved and Mr. Bassage seconded to declare a five-minute recess. Carried.

The Board reconvened. The Clerk read the report of each caucus.

REPORT OF THE REPUBLICAN CAUCUS To the Board of Supervisors of Livingston County: At the meeting of the Board of Supervisors of the County of Livingston, We, the Undersigned, being the Republican members of such Board, pursuant to the statute in such case made and provided, do hereby designate Livingston County News as being a paper fairly representing the party to which we belong, and we hereby designate Livingston County News to publish the concurrent resolutions of the legislature and the tax sale notices for the County of Livingston and do hereby designate Genesee Country Express as being a paper fairly representing the party to which we belong and we hereby appoint Genesee Country Express to publish election notices and the official canvass. And, We further designate The Lake and Valley Clarion as being a paper fairly representing the party to which we belong, and we hereby appoint The Lake and Valley Clarion to publish all local laws and acts of this Board of Supervisors, and all other County notices and matters required to be published, hereby designating The Lake and Valley Clarion as one of the official newspapers of the County of Livingston. We do further certify that the Republican Party is one of the two principal parties into which the voters of Livingston County is divided. 364

Dated at Geneseo, New York December 22, 1999 James C. Merrick, Chairman Donna L. Avery, Secretary Timothy Wahl Ivan C. Davis Richard J. Essler Joseph A. Daley James C. Merrick Leopold Marks Lance H. Bassage Dennis R. House Howard J. Kramer W. Harold Stewart Marjorie Cansdale

REPORT OF THE DEMOCRATIC CAUCUS To the Board of Supervisors of Livingston County: At the meeting of the Board of Supervisors of the County of Livingston, We, the Undersigned, being the Democratic members of such Board, pursuant to the statute in such case made and provided, do hereby designate Genesee Country Express as being a paper fairly representing the party to which we belong, and we hereby designate Genesee Country Express to publish the concurrent resolutions of the legislature and the tax sale notices for the County of Livingston and do hereby designate The Lake and Valley Clarion as being a paper fairly representing the party to which we belong and we hereby appoint The Lake and Valley Clarion to publish election notices and the official canvass. And, We further designate Livingston County News as being a paper fairly representing the party to which we belong, and we hereby appoint Livingston County News to publish all local laws and acts of this Board of Supervisors, and all other County notices and matters required to be published, hereby designating Livingston County News as one of the official newspapers of the County of Livingston. We do further certify that the Democratic Party is one of the two principal parties into which the voters of Livingston County is divided. Dated at Geneseo, New York December 22, 1999 James Layland, Chairman James Olverd, Secretary

Chairman Merrick stated he appreciated the support of the Board of Supervisors throughout 1999, and stated that the Board accomplished a lot in 1999 and there are new projects to be started in the year 2000.

ADJOURNMENT Motion made by Mr. Layland and seconded by Mr. Moore to adjourn until Monday, January 3, 2000 at 1:30 p.m. Carried.

The Board adjourned at 4:07 p.m.