JANUARY 3, 2011 1

REGULAR BOARD MEETING WEDNESDAY, JANUARY 3, 2011 1:30 P.M.

The Board met in accordance with the rules.

The Clerk of the Board stated it is an honor and privilege to call the 2011 Livingston County Board of Supervisors Organizational Meeting to order. She commented she is looking forward to working with the entire Board of Supervisors, the County Administrator, Administrative Staff and all the Department Heads.

ROLL CALL The roll was called showing all members present except Mr. Davis (Portage) and Mr. Cosimano (West Sparta).

PLEDGE OF ALLEGIANCE The Clerk of the Board led the Pledge of Allegiance.

NOMINATIONS FOR TEMPORARY CHAIRMAN Nominations were called for Temporary Chairman. Mr. Gott nominated Mr. Moore to act as Temporary Chairman and Mr. Schuster seconded the nomination. Carried.

MOTION TO CLOSE NOMINATIONS FOR TEMPORARY CHAIRMAN Mr. Martello moved to close the nominations and Mr. Pangrazio seconded the motion. Carried.

MOTION TO DIRECT THE CLERK OF THE BOARD TO CAST ONE VOTE FOR TEMPORARY CHAIRMAN Mr. Martello moved and Mr. Pangrazio seconded to direct the Clerk of the Board to cast one vote for Temporary Chairman. Carried. Mr. Moore took the chair and thanked the Board for their confidence and wished everyone a Happy New Year.

ELECTING THE 2011 CHAIRMAN OF THE BOARD Mr. Moore called for nominations for the Chairman of the Board for the year 2011. Mr. Pangrazio nominated Groveland Supervisor James C. Merrick for Chairman of the Board for the year 2011. Mr. DiPasquale seconded the nomination. Mr. Moore asked if there were any other nominations. Mr. Gott moved and Mrs. Donohue seconded to close the nominations for Chairman of the Board and directed the Clerk to cast one vote. Carried.

CHAIRMAN OF THE BOARD DECLARED & ESCORTED Mr. Moore declared James C. Merrick as Chairman of the Board for the year 2011. Mr. Gott and Mr. Deming escorted Mr. Merrick to the Chairman of the Board seat.

CHAIRMAN OF THE BOARD REMARKS Chairman Merrick presented the following remarks: Thank you for the honor of and for your continued support. This will be my 13th year as your Chairman. It is great to have a Board of Supervisors that steps up to the plate when needed, Department Heads who respond when asked, a County Administrator with a great financial background, and an administrative staff with many years of office experience. Put this all together and you have a County—Livingston County that stands out like a shining star. We all hope the worst of the recession is over but I believe a shadow will remain for a couple of years. Again, thank you for your support and I look forward to working with all of you.

APPOINTMENT OF VICE CHAIRMAN OF THE BOARD

2 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Chairman Merrick stated Leicester Supervisor Gary D. Moore has been the Vice Chairman of the Board for the past twelve years and he continues to have the confidence in Mr. Moore. Chairman Merrick appointed Mr. Moore as Vice Chairman for the year 2011. Vice Chairman Gary Moore thanked the Chairman for appointing him as Vice Chairman and thanked the Board of Supervisors, Department Heads, Elected Officials and County Employees for serving as public officials. Chairman Merrick thanked Mr. Moore and the other Supervisors who have attended functions in his absence.

RESOLUTION RESOLUTION NO. 2011-001 RATIFYING TENTATIVE COLLECTIVE BARGAINING AGREEMENT WITH THE CSEA PART-TIME EMPLOYEES UNIT AND AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the collective bargaining agreement between the CSEA Part-time employees unit and Livingston County expired on December 31, 2009; and WHEREAS, the negotiating teams for the parties have reached a tentative agreement for a new collective bargaining agreement; and WHEREAS, the CSEA Part-time employees unit has ratified this tentative agreement; and WHEREAS, the Ways & Means Committee recommends the ratification of this agreement by the County; now, therefore, be it RESOLVED, that the tentative agreement commencing January 1, 2010 and expiring December 31, 2012, a copy of which is attached hereto, is hereby ratified; and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the County Administrator are hereby authorized to execute a collective bargaining agreement consistent with the terms of the tentative agreement. Dated at Geneseo, New York January 3, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,694; Noes - 0; Absent –Davis, 24; Cosimano, 34; Total – 58; Adopted.

OTHER BUSINESS

1. 2011 STANDING COMMITTEE APPOINTMENTS AND CONFIRMING SCHEDULE FOR 2011 Chairman Merrick appointed the following committees for the year 2011. The Committee list was distributed to the Board of Supervisors. LIVINGSTON COUNTY BOARD OF SUPERVISORS’ STANDING COMMITTEES FOR 2011

WAYS AND MEANS HUMAN SERVICES PUBLIC SERVICES Daniel L. Pangrazio, Chairman J. Peter Yendell, Chairman Gerald L Deming, Chairman Eric R. Gott, Vice Chairman Mark J. Schuster, Vice Chairman David L. LeFeber, Vice Chairman Dennis P. Mahus Brenda B. Donohue Charles J. DiPasquale Thomas B. Baldwin Ivan C. Davis Norbert W. Buckley William S. Wadsworth Dominic I. Cosimano Domenick J. Martello James C. Merrick James C. Merrick James C. Merrick Gary D. Moore Gary D. Moore Gary D. Moore Chairman Merrick commented he made a Chairman and two Vice Chairmen changes and he thanked those that have served in those capacities. He acknowledged Mr. Martello and Mrs. Donohue for serving as the Chairman and Vice Chairman of the Human Services Committee and commended them for doing a wonderful job. He explained it is his intention to give some other people experience as Chairman and Vice Chairman, and he stated the bottom line is that we are all into this together. The Committee Chairpersons were given a memorandum requesting confirmation of their committee schedule and directing them to report back to the Clerk as soon as possible.

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3. FLOWER FUND COLLECTION - $20.00 Chairman Merrick announced the Clerk is collecting $20.00 for the Flower Fund for the year 2011.

STATE OF THE COUNTY Chairman Merrick asked the Clerk of the Board to read the following letter:

STATE OF THE COUNTY JANUARY 3, 2011 Dear Citizens of Livingston County, On behalf of the Livingston County Board of Supervisors, it is my pleasure to present the 2011 State of the County. In concluding my twelfth year as Chairman of the Board of Supervisors, I am proud that our County government continues to be progressive and efficient in the way we deliver services to the residents of the County. 2010 was a milestone year. A County Jail addition was completed to house 166 inmates at a cost of $28 Million with a ribbon cutting ceremony held on November 4, 2010. In addition, capital project renovations were completed at Building #1 on the Mt. Morris Campus and the Livingston-Rushville Dental Clinic began providing services on October 13, 2010. We certainly felt the effects of the recessionary economy and this budget year was a struggle to maintain the status quo. I would like to commend County Administrator Ian M. Coyle at this time for his due diligence in presenting an acceptable and prudent budget. County government is service-based and without a responsive, exemplary staff and a dedicated team of volunteers, each displaying pride in the performance of their responsibilities, we would no doubt be in a more precarious state as we head into this new decade. For this, I thank our Department Heads, staff and volunteers. The support of our elected officials is also paramount to our success, as their attention to the County’s needs is essential and important in this era of State budget crises. And last, but certainly not least, I am especially grateful for the administrative staff that I have the pleasure to work with on a daily basis. Our goal is to preserve the high quality of services that Livingston County provides to residents and plan now so that the County will be well positioned to meet future challenges. I wish you all a happy and safe New Year. James C. Merrick Chairman of the Board

The County Administrator presented a 2011 State of the County power-point presentation (on file). The presentation included the following:

Four-Year Financial Review  Resulting in an estimated General Fund Balance for year ending 2010 of $25,000,000.

Management Report Card Budget & Financial Summary  2011 County Budget maintains adequate fund balances and a strong cash position The County Administrator commented we aim for stability in the preparation of our budgets and our fund balances remains strong, which provides a cushion in emergency situations and assists in promoting our bond rating.  Sales tax collections rebound (+6%)  Operating surplus of ~$1,000,000+ expected at year-end 2010  Prudent use of one-time stimulus monies  $500,000 set aside for long-term capital and building projects for 2011 Other Highlights  SHAPE program  County Grant Program - $2.5 million in 2010  Buy Local Initiative – It’s In Livingston 4 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Recognitions, Awards & Achievements  Treasurer of the Year – Carolyn Taylor  Corrections Officer of the Year – Major James Rose  4th Healthiest County in New York  Distinguished Leader Award – Joan Ellison  Court Security Officer of the Year – Deputy Aaron Galvin  Distinguished Service Award – County Clerk James Culbertson  Third Place – Slice Dice & Spice – Mt. Morris Supervisor Charles DiPasquale and County Administrator Ian Coyle participated in this event

Selected Departmental Accomplishments  CSBG ARRA efforts - “best success story in the State”  Opening of Dental Clinic on Mt. Morris Campus  Nearing 2,000th admission at the CNR; 98.45% occupancy  Lowest tax levy subsidy in CNR’s five-year history  DSS Employment Unit helped place over 250 hires in 2010  Jail Addition Ribbon-Cutting and LCSO Open House  Highway commenced Stagecoach Road reconstruction project  One of four County Clerk’s Offices to be selected for pilot study of eFiling civil records  Saved thousands of dollars in construction expenses through the use of in-house Central Services staff labor on various capital projects  No major issues with transfer from lever to optical scan voting machines  Workforce Development added services such as a weekly Job Club for out-of-work individuals and workshops on Applying for Civil Service jobs  The Probation Department commenced oversight of Leandra’s Law offenders

The State of the County: An Assessment  County Government is financially sound with adequate reserves  Expenses for just ten (10) select state mandates make up over 97% of our tax levy in 2011  Both staffing and operations are stable  Capital Project work continues to improve campus centers and allows realization of new rental income  Health insurance and retirement rates continue to rise at unsustainable levels  Department Heads and Staff continue to display excellence in service

The Goals of the County: Looking Ahead to 2011  Complete Jail Annex and Restoration Project on time and under budget and move inmates in  Upon successful completion of environmental compliance efforts, market the former Wilcox Press site for sale and eventual return to the tax rolls  Continue to Implement Wellness Programming through SHAPE  Emphasize investment in entrepreneurship and community redevelopment  Continue to implement the 36 recommendations in the Conesus Lake Watershed Management Plan.  Completion of interior renovations at Mt. Morris Campus and Millennium Drive Complex  Increase the number of Temporary Assistance clients who secure employment (257 employed)  Complete the implementation of an electronic medical record at the CNR

Continuation of Pictures of those Receiving Awards & Recognition

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The County Administrator stated Livingston County is in very good shape and this is a testament to the Board of Supervisors and Department Heads. He added he is happy to be a part of this and is willing to meet any challenges. He thanked the Board and Department Heads for their support.

Chairman Merrick thanked the County Administrator for presenting the 2011 State of the County.

The following is the 2011 State of the County in its entirety: SPECIAL DEPARTMENTAL RECOGNITIONS Several County departments and individual employees were recognized in 2010 for their exceptional service:  Public Health Director Joan Ellison was honored by the Livingston County Chamber of Commerce as “Distinguished Leader of the Year” for 2010.  Major James Rose was named Corrections Officer of the Year and was honored by the Livingston County Board of Supervisors and the County American Legion. Ceremonies were held at the Livingston County American Legion and at the convention held in Syracuse, honoring his work in correctional services at the Livingston County Jail.  Deputy Aaron Galvin was awarded Court Security Officer of the Year at a ceremony in Albany by the New York State Sheriff’s Association.  County Treasurer Carolyn Taylor was selected by the New York State County Treasurers and Finance Officers Association as County Treasurer of the Year for 2010.  County Clerk James Culbertson received the Lifetime Achievement Award from the New York State Association of County Clerks.  After completing a countywide revaluation of assessments, the Office of Real Property Tax Services received the Excellence in Equity Award from the New York State Department of Taxation and Finance-Office of Real Property Tax Services.  Real Property Tax Director Joseph Pukos, who serves on the New York State Valuation Issues Team, was awarded the designation of State Certified County Director by the New York State Department of Taxation and Finance-Office of Real Property Tax Services.  Director Dale Nieswiadomy was elected President of the New York State Local Government Information Technology Directors Association.  The Robert Wood Johnson Foundation and the University of Wisconsin Population Health Institute presented the 2010 County Health Rankings, a collection of reports that reflect the overall health of counties across the nation. The County Health Rankings are based upon a model of population health improvement: In this model, health outcomes are measures that describe the current health status of a county. Livingston County was ranked the 4th Healthiest County in New York.  The Livingston County Certified Home Health Agency was named to HomeCare Elite for the fifth consecutive year. HomeCare Elite nationally recognizes agencies that meet certain national criteria and standards for the delivery of home care services.

HEALTH & HUMAN SERVICES  The Youth Bureau/Board, in conjunction with the Board of Supervisors, recognized 98 recipients of the Annual "Teen Recognition Award" in April.  The Youth Bureau and the youth council EDIFY in conjunction with ABVI-Goodwill have established a Youth Center in the building recently remodeled by ABVI-Goodwill in the old Ames Plaza in Geneseo.  The Veteran Services Agency continued to submit numerous claims for the new Agent Orange presumptive conditions, with ischemic heart disease being the most common condition. The Agency continues to process and submit claims for Compensation, Pension, Dependents Indemnity Compensation, Education, Burial, Home Loans, Insurance, and requests for Medals and Military Records.  In partnership with Livingston County and the Town of Geneseo, the Town of Livonia was awarded $358,132 under a New York State Local Waterfront Revitalization Program Grant for stream bank assessment and remediation. 6 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 The Planning Department established a 46-member Complete Count Committee, including representatives from towns, villages, County departments and not-for-profit organizations to raise awareness and increase the mail- in participation rate for Census 2010.  The Planning Department conducted an ash tree inventory in all towns and villages as a preliminary assessment of the Emerald Ash Borer threat in Livingston County. Working with eight SUNY Geneseo interns and two Master Foresters, Planning Department staff identified 690 ash trees located on County property, in municipal parks and in villages between sidewalks and the road. In total, 330 volunteer hours were leveraged for this inventory. This inventory information can be used in DEC Urban Forestry Grant applications to secure funding for community response plans and removing and replanting trees in our communities.  10 LET’S Plan training sessions given or sponsored by the Planning Department were held in 2010, which translates into 301 hours of training for local planning and zoning officials. These trainings were free of charge.  Through the Community Services Block Grant Program, 106 jobs were either created or retained using CSBG ARRA funding in 2010.  The County was awarded $90,000 from the FY2010 Interoperable Emergency Communications Grant Program (IECGP) to prepare a Livingston County Emergency Communications Plan. The Planning Department prepared the grant application.  Through a collaborative effort that included the County, Department of Health, Rushville Health Center, and Rochester Primary Care Network, the clinic for dental services opened in October. The clinic will serve all ages, those with and without insurance and will provide cleanings and routine dental work. Dental services in the County have been an identified need for those with Medicaid and/or without insurance.  The Department of Health participated with the Livingston County Center for Nursing and Rehabilitation in the planning of the Home Health Aide/Certified Nurse Assistant dual certification training course.  Through a NYSDOH Healthy Communities Capacity Building Initiative Grant, the Department of Health worked with seven local restaurants to offer healthy menu options. Two grocery stores participated by labeling healthy food items. The Livingston County Chamber of Commerce, through its Tourism Office, developed Hike and Bike brochures to encourage physical activity among community members and visitors.  The Department of Health was one of four counties nation wide to be awarded a Vaccine Safety Grant by the National Association of County and City Health Officials. The grant will determine barriers and solutions to obtaining vaccines for pregnant women and children.  The Tobacco Action Partnership was pleased to announce that the following tobacco free facilities have been designated: all owned and leased property including parks, playgrounds and parking lots in the Village of Geneseo, three day care centers, Annie’s Ark, Harmony Day Care and Great Expectations Child Care Center and the playground area at the Central Presbyterian Church in Geneseo.  Through the Healthy LIVINGston Program, data collected from 2008-2009 and 2009-2010 revealed that students in kindergarten, second and fourth grade showed an increase of 3% in the healthy weight category, a decrease of 3% in the overweight category, but a 1% increase in the obese category in six local school districts. Six Livingston County Schools have completed the Centers for Disease and Prevention’s School Health Index (SHI). As a result of the SHI, a total of twenty-seven policy/practice changes regarding nutrition and physical activity have been created, implemented and evaluated in these school districts. There was an 11% increase in the number of healthy options sold at several of the school concession stands.  The Department of Health, Genesee Valley Health Partnership, Excellus Blue Cross Blue Shield, Genesee Region Public Health Association and Monroe Plan for Medical Care sponsored the 12th Annual Taste of Livingston County. Fifteen local restaurants prepared heart healthy dishes for 473 guests to sample!  Completing the intense work related to reducing the spread of the H1N1 virus, the Department’s work was recognized by the New York State Department of Health, Center for Disease Control and Prevention’s Emerging Infections Programs and the National Association for County and City Health Officials for participation in the H1N1 Sentinel Network.  Through a HRSA (Health Resources and Services Administration) Grant, in collaboration with the University of Rochester, Livingston County Departments of Health and Office for the Aging, Tri-County Family Medicine and the Genesee Valley Health Partnership, a program to identify and assist older adults in the community through JANUARY 3, 2011 7

Emergency Medical Services was implemented in 2006. The Journal of American Geriatrics Society, published the article, “A Novel Emergency Medical Services-Based Program to Identify and Assist Older Adults in a Rural Community” in their November 2010 Journal. “The project demonstrates that home-based screening by EMS for common geriatric syndromes and involvement of transitional case managers is feasible, can identify a number of individuals with unmet needs and can refer or provide interventions for those with needs in a rural community.”  At the Center for Nursing and Rehabilitation (CNR), 2010 set a record for admissions and discharges at 435 through December 14. Our occupancy is 98.45% through November 2010; the regional average is approximately 95%.  2010 saw notable budget and operational improvements at the CNR. The most recent data regarding CNA turnover statewide is 36.1%, while our Center is 23.2%. Mandatory overtime was nearly extinguished in 2010. Full-shift mandatory overtime occurred only six times for LPN’s and seventeen times for CNA’s. The 2011 County subsidy is the lowest budgeted in over five years.  The CNR maintained a 4-Star rating on the Center for Medicaid/Medicare Services’ (CMS’s) Nursing Home Compare website for a 2nd year.  The Office of Mental Health and Community Services Supportive Case Manager Gina Montanye provided a Social Skills curriculum to two age groups on a monthly basis at the Clinic. The age groups were elementary age and adolescents. This curriculum encompassed such topics as hygiene, friendship, sexting and utilized catchy titles such as “What Stinks?”, “All About Me” and “I Want it Now!”. Each session involved a lesson as well as an activity or craft that supported the lesson. These sessions were free, provided in the evening and were highly attended, often with 15 or more participants.  Mental Health Services Coordinator Laura Canne and Deputy Director Ann Miller presented a training to the County Attorney and Judges, the Jail Major and the Forensic Mental Health Therapist regarding Kendra’s Law and AOT (Assisted Outpatient Treatment), which every County is required to provide under Mental Hygiene Law to those individuals who have a serious mental health disorder, a history of legal difficulty and are reluctant to engage in mental health treatment. The goal of the training was to familiarize all with the background and specifics of the legislation, as well as each person’s role or responsibility as part of the team that will work together on AOT cases.  The County Mental Health Clinic revamped services and billing in response to the Office of Mental Health’s launching of the Clinic Restructuring Initiative. This initiative changed the way services could be delivered and billed, requiring extensive training for administrative staff, clinical staff, and financial staff. Additionally, it required the revision of policies and procedures, forms and performance standards and required many hours of staff participation to make this happen.  Numerous Mental Health and Community Services’ employees received certifications in 2010. Intensive Case Manager Mike Allen was certified in September 2010 as an Aging in Place Specialist by the NAHB (National Homebuilders Association). Mental Health Therapist Debbie Murtha became certified in Trauma from the University of Buffalo School of Social Work Program in November of 2010. Mental Health Therapist Laura Bligh became certified in DBT (Dialectical Behavioral Therapy) in November 2010.  The Department of Social Services’ (DSS) Subsidized Employment Program was established by the Employment Unit using federal stimulus funding. 7 Livingston County employers saved $58,000 in wages for 14 new employees with our wage subsidy reimbursements. This program is helping put people to work while strengthening the business positions of local employers.  Our Employment Unit continues to achieve increases in the number of people getting jobs and therefore decreasing reliance on Temporary Assistance. Now averaging 21 people per month securing jobs with our help, our number of hires has risen for the second straight year from 218 in 2008 to 240 in 2009 and now at 257 hires in 2010; quite an achievement at a time when employment opportunities are perceived to be bleak.  DSS in collaboration with the Health Department and Mental Health, created an Adult Crisis Team to respond to vulnerable adults in dangerous situations. The focus has been on the mentally ill, developmentally disabled and frail elderly.  Both a Fathers Group and a Young Mothers Group were formed to help parents be more involved and effective parents. Both have been well attended and received by the participants. 8 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 Our Housing Coordinator developed a curriculum and assembled a Housing Search class. All homeless clients are required to attend the class. The Housing Coordinator teaches the necessary components for a successful permanent housing search. The classes last one hour and are held twice per week. We have received positive feedback from participants and are measuring the impact on the length of temporary stays.  The Commissioner of Social Services organized a Housing Task Force of county and private agencies to plan for much needed housing resources.  The transportation-based New Freedom grant was approved for an additional year. We continue to provide a record setting number of rides for individuals.

PUBLIC SERVICES  2010 saw the completion of the Livingston County Jail Addition Project and the beginning of the renovations at the current Livingston County Jail with an expected completion date of May 2011.  Many major crimes have been brought to successful conclusion, including major apprehensions and one of the largest drug seizures of marijuana growing operations in the Town of Groveland and the apprehension of many individuals transporting drugs to and through Livingston County through traffic stops.  The Sheriff’s Office completed its first major pharmaceutical collection program in Livingston County designed to rid our communities of unused and outdated prescribed medications, collecting hundreds of pounds of prescription medications.  Over $100,000 in grants were received by the Livingston County Sheriff’s Office without matching funds providing continued revenue and resources for public safety services at reduced costs. Some of these are through the Governors Traffic Safety Committee Grants, Buckle-up New York Seatbelt Enforcement, Child Safety Passenger Seat Grants, Monroe Traffic Safety Initiative Traffic Enforcement Grant, the State Law Enforcement Terrorist Protection Program and the 1033 Federal Surplus Program.  Following major in-house reconstruction in 2009, Groveland Road (CR-10 - Geneseo/Groveland) was recycled and paved with $1.6 million in ARRA Stimulus funding.  The River Road (CR-84, Caledonia) reconstruction project was completed. New two-year road reconstruction projects were commenced on Dutch Street (CR-30, Mt. Morris) and McCurdy Road (CR-49, Ossian.)  After several years’ worth of unsuccessful attempts to obtain Federal and State assistance, the Board of Supervisors, with County funds, decided to finance the much-needed reconstruction of Stagecoach Road (CR- 71) in Conesus and Sparta. The County Highway Department – with assistance from many Town Highway Departments - completed major portions of the 5.8-mile, two-year, $2 Million project, including: Replacement of all crossover pipes, installation of edge-drain tile, embankment work and other drainage work. The project is scheduled for completion in 2011.  A Federal/State-Aid Bridge Project was completed with the replacement of the Kysorville-Byersville Road (CR- 59) Bridge over Butternut Creek, Town of West Sparta.  Highway maintenance/improvement activities were performed on 42 miles of various County roads, including surface-treating, overlays, ditching, shoulder work, tree trimming and culvert work. Assistance was provided by all 17 Town Highway Departments during 2010. Two large erosion repair projects were completed at the Bailey Road Bridge in Nunda and on Springwater Road (CR-1A) in Sparta.  The County Clerk's Office was selected by the New York State Office of Court Administration (NYS OCA) as one of four County Clerk offices to partner in a statewide pilot program to begin to eFile civil filings.  The County Clerk’s Office continues to provide a secured web server to provide access for any County Clerk record and image based on inquiries and a secure password.  Central Services staff provided the preliminary interior demolition and equipment relocation that preceded the contracted abatement and re-insulation work for the Building #3 renovation project.  Central Services staff painted and prepared the interior of Building #7 for use as Veteran Services Offices and a DSS visitation suite.  The biggest accomplishment in the Board of Elections for 2010 was the smooth transition from the lever voting machine to the optical scan voting machine. The Board was very pleased to transition so smoothly between voting systems, especially since 2010 was a Governor’s election year and had a 52.6% voter turnout. JANUARY 3, 2011 9

 The Livingston County Historian’s office collaborated with Livingston County Tourism to produce a marketing micro-website - www.SullivanCampaignLivingstonCounty.com.

FINANCE & MANAGEMENT  In November, the 2011 budget was approved with a property tax rate of $7.68 per thousand, a decrease of one- cent compared to the 2010 rate. The budget continues to fund all existing programs and services. The ten-year average increase in the property tax rate is 1.18%  The County’s fund balance position remains strong with prudent utilization in 2010 and healthy balances of projected unappropriated fund balances in the out years.  Fiscal impact areas in the development of the 2011 budget included: retirement expense increase, health insurance costs, the loss of state aid in the areas of Social Services and Public Health, the additional expense of eight (8) new corrections officer positions for the new jail annex and the budgeting of the additional utility expenses at the new jail.  A $500,000 cash appropriation for capital projects was included in the 2011 budget. It is anticipated that these funds will be used to support radio communications upgrades and complete the courthouse roof renovation.  The Board of Supervisors and the County Administrator organized a successful Legislative Forum with the local NYS Legislature delegation and informational overviews were presented on the 911 Center, Economic Development and Social Services.  Thoma Development, County grant management consultant, secured over $2.5 Million of intergovernmental grants for County departments and municipalities in calendar year 2010.  In a collaborative effort with Blue Springs Energy, Thoma Development, Central Services and the County Administrator, the County secured nearly $240,000 in New York State Energy Research and Development Authority funding for energy efficiency projects at the jail and government center.  The tax payment history for tax parcels was added to the County’s website. Payment history can now be obtained on-line as well as the amount of tax payments owed. This addition allows the public users to access tax information 24/7.  The County ratified a new three-year (2010-2012) contract with the CSEA full-time bargaining unit.  The County established a wellness committee S.H.A.P.E. (Supportive Health Awareness Program for Employees) and commenced health-related programming in 2010, including campus based Weight Watchers, athletic events and the STEP Up Program.  2009 & 2010 Board of Supervisors minutes and Committee meeting minutes were uploaded to the County website.  The Purchasing Department administered the Bid and Request for Proposal process for a multitude of contracts including: various furnishings and supplies for the Jail expansion project, maintenance of County vehicles, Sheriff’s uniforms, various Highway purchases and Health Insurance Broker.  The Information and Technology Services Department redesigned and expanded the official Livingston County website with multiple usability enhancements.  Livingston County Tourism collaborated with and received a grant through the Livingston County Department of Health to further promote and enhance the Lets Go Hike and Bike Card concept-Livingston County Edition. The cards and new trails were unveiled at the annual Taste of Livingston event.  County Administrator Ian M. Coyle and Mt. Morris Town Supervisor Charles DiPasquale joined local chef Tim Knowles from Questa Lasagna representing Livingston County in the regional tourism cook-off “Slice, Dice and Spice.”

ECONOMIC & WORKFORCE DEVELOPMENT  The County Villages Program, administered through the Economic Development Department, began with 5 member villages; Dansville, Geneseo, Lima, Mt. Morris and Nunda. Design guidelines for all 5 villages were completed. Roll out of the Sign and Façade Program is scheduled for early January 2011.  The Livingston County Development Corporation assisted in securing and will administer NY Main Street Grants in Lima and Dansville. 10 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 RPTL 485(n) tax abatement enabling legislation, which was advanced by the Economic Development Department, was introduced in Albany.  The Livingston County Capital Resource Corporation was formed to fill the gap in civic facilities financing caused by state-based restrictions on IDA transactions. The Livingston-Wyoming ARC Kidstart building project was financed and is under construction.  The Livingston County Industrial Development Agency provided incentives that will result in a Hampton Inn motel in Geneseo. The $5.4 Million project will create 20 jobs and increase County sales and bed tax revenue.  The Community Initiatives Council, the Industrial Development Agency, County Planning and Economic Development Departments, with important assistance from SUNY Geneseo faculty and students, originated the County’s first “Buy Local” Campaign.  After more than three years without a grocery store, the Village of Mt. Morris welcomed a Save-A-Lot store. The $750,000 project also created 30 jobs. The IDA provided temporary sales tax exemptions to facilitate the project.  ABVI Goodwill opened its first Livingston County store in the Village of Geneseo. The County worked with the Village to submit a successful Office of Community Renewal Small Cities Grant to assist the project.  The Center for Workforce Development collaborated with the NYS Department of Labor and DuPont in Erie County to provide pre-hire Work Keys assessment for 180 job applicants in late November.  The Center for Workforce Development added several new services, including a weekly Job Club for out of work individuals and workshops on topics such as Applying for Civil Service Jobs and an Intro to LinkedIn.  The foot traffic at the Center for Workforce Development remained at the 2009 record level of job seekers as it served over 15,000 un/underemployed people through the Center's resource room, workshops/training, assessment and career counseling.

CAPITAL PROJECTS  Central Services Department staff provided preliminary interior demolition, all interior painting and final adjustments for the Rochester Primary Care Network Dental Clinic now located on the first floor of Building #1 at the Mt. Morris County Campus. Central Services staff also provided day-to-day construction management responsibilities. The Clinic opened in October.  On November 4th, the County held a formal ribbon-cutting ceremony at the new County Jail addition and coupled the event with an Open House weekend conducted by staff from the Sheriff’s Department. Nearly five- thousand (5,000) people participated in the weekend’s activities.  Project related work continued on the Mt. Morris Campus in the areas of Building #2 (planning for reconfiguration); Building #7 (restorative work for planned Veteran Service Agency transfer); and Building #3 (abatement work for planned Office for the Aging and Cornell Cooperative Extension transfer).

2011 ACTIVITIES Administration  Continue capital project oversight for the Jail Construction Project.  Upon successful completion of environmental compliance efforts, market the former Wilcox Press site for sale and eventual return to the tax rolls.  Work with our delegation and other members of the New York State Legislature, in obtaining approval for home rule measures.  Maintain our strong financial operations and credit ratings. Continue our success of sound economic development and continue to provide quality services to our citizens.  In conjunction with Information and Technology Services, continued to oversee the evolving update of the County’s official website.  Implement Wellness Programming through the work of the County Wellness Committee (SHAPE). Social Services  Increase the number of Temporary Assistance clients who secure employment, thereby enabling them to achieve self-sufficiency and improve their quality of life and reducing the assistance burden on County tax payers. JANUARY 3, 2011 11

 Develop new partnerships with more employers using the Subsidized Employment Program to help them save on payroll expenses while putting more people back to work in Livingston County.  Expand our Work Experience Program to provide valuable labor resources to new county partners, and provide the individual participants with valuable skills for future jobs.  Develop the use of Parent Advocate and Family Finding in order to help families be more effective in parenting their children who experience foster care and child protective intervention.  Work to develop locally and regionally new models of residential care for children so that they are out of their home for shorter periods of time and have more support following their return. The goal is to better sustain the changes that they make while in residential care after they return to the community.  Begin scanning new case records into our county electronic records repository.  Reduce the number of temporary housing placements and reduce the length of stay in temporary housing.  Consider joining a Continuum of Care to help bring additional funding for housing into the county.  Develop more housing options through private /county collaboration.  Continue to explore more efficient transportation routes throughout the county. Economic Development  Continue to emphasize investment in entrepreneurship and community redevelopment. Mental Health  Identify resources to meet the increasing mental health needs at the Livingston County Jail, particularly as we prepare for the addition of a women’s complex to the facility.  Continue to refine and improve service delivery, as well as to maximize revenue capability under the implementation of clinic restructuring. This will include appropriate recruitment and retention of clinical staff to meet those needs  Continue to identify and implement “out of the box” thinking, collaboration and resources to provide services where gaps exist and funding may no longer be available to meet those needs. Board of Elections  Fully digitize county registration records. County Historian  Culminating with the beginning of the four year Sesquicentennial of the Civil War, begin planning efforts to honor Livingston County's participation with a county-wide bell ringing event on Tuesday, April 12th, 2011 to mark the 150th anniversary of the beginning of the war. Central Services  Complete renovation of Building #3 for use as offices for the Office for the Aging and Cornell Cooperative Extension.  Complete alterations of Building #5 (County Historian) and Building #2 (Public Health).  Replace the boilers in the Government Center and County jail with new high efficiency boilers.  Replace the lighting in the Government Center with high efficiency lighting.  Prepare the remaining areas of the Millennium Drive facility for use by future tenants. Department of Health  Enhance and improve programs and services to meet the needs identified through MAPP in order to improve the health status of Livingston County residents. Sheriff  Coordinate staff review and Commission on Correction approval of renovations at the current Livingston County Jail. County Clerk  Begin to accept eFilings of certain court records including foreclosures and commercial cases as a pilot program. The Clerk's office will expand its use of the secure website to include the Court System in Livingston and Monroe County. This will provide the Judges Chambers and the Courts with easy access to all County Clerk records. Planning  Continue to provide technical assistance and training opportunities for municipalities through the "LET's Plan!" workshop. 12 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 Continue to implement the 36 recommendations in the Conesus Lake Watershed Management Plan.  Administer the $936,442 awarded through the Federal American Recovery and Reinvestment Act (ARRA) to the Weatherization Assistance Program and the Community Services Block Grant Program.  Complete the Eleventh Annual EMC Earth Day Award. Center for Nursing and Rehabilitation  Complete implementation of an electronic medical record in 2011 to improve the quality and completeness of documentation, reduce medication errors and create efficiencies.  Launch a Workplace Safety Initiative to increase employee safety awareness, reduce workplace injuries and decrease worker's compensation expense.

OTHER Chairman Merrick announced that the Director of Emergency Management Services Kevin Niedermaier’s mother passed and he asked for a moment of silence.

Ossian Supervisor Martello indicated that it was County Administrator Ian M. Coyle’s birthday and the audience sang Happy Birthday!

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, January 12, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:53 p.m.

JANUARY 12, 2011 13

REGULAR BOARD MEETING WEDNESDAY, JANUARY 12, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Wadsworth (Geneseo) and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE York Supervisor Gerald L. Deming led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 12/22/10 Regular Meeting were approved as presented. 2. Minutes of 1/3/11 Organizational Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from the family of William Donegan, father of County Auditor Terrence Donegan, for the flower arrangement. 2. Thank you note from Chairman of the Board James C. Merrick. 3. Thank you note from Clerk of the Board Virginia O. Amico. 4. Thank you note from Livingston County Hospice for the donation in memory of Robert Dennison, former Livingston County Dog Control Officer. 5. Letters from State of New York Department of Agriculture and Markets certifying the plan to modify Livingston County Agricultural District No. 2, 3 and 4. 6. Conesus Supervisor Brenda Donohue submitted a petition for extending the Conesus Lake County Sewer District Extension #9. 7. Thank you letter from the Vincent House, Wayland, NY for the donation in memory of June Niedermaier, Mother of Emergency Management Services Director Kevin Niedermaier. 8. If you have registered for the upcoming NYSAC Conference February 7-9,2011, please meet in the Clerk’s office immediately following the Board meeting to discuss transportation arrangements. 9. Thank you card from Emergency Management Services Director Kevin Niedermaier for the donation to the Vincent House in memory of his mother June Niedermaier. 10. Just a reminder the Clerk is collecting $20 for the flower fund.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-002 APPROVING ABSTRACT OF CLAIMS #12B – DECEMBER 27, 2010 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #12B dated December 27, 2010 in the total amount of $1,389,842.35. Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,481; Noes - 0; Absent – Wadsworth, 247; Davis, 24; Total – 271; Adopted

Mr. Davis entered.

RESOLUTION NO. 2011-003 APPROVING ABSTRACT OF CLAIMS #1A – JANUARY 12, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #1A dated January 12, 2011 in the total amount of $2,492,503.42. Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

14 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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

PREFERRED AGENDA RESOLUTION NO. 2011-004 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY PLANNING BOARD – BARRY INGALSBE, BILL WEBER, CATHIE GEHRIG, MARIE ROBERTS, TIM BRINDUSE, JEFFREY LONG, JOAN WAMP, BRIAN FAHEY, BOYD BROKAW, DENNIS WITTE, BRUCE DEHM RESOLVED, that the following members are hereby appointed to the Livingston County Planning Board for the term designated Name Address Title/Representing Term Livingston County Planning Board Barry Ingalsbe 2036 Michigan Avenue, Lima, NY Village of Lima 1/01/11 - 12/31/2013 Bill Weber 4232 East Lake Road, Livonia, NY Town of Livonia 1/01/11 - 12/31/2013 Cathie Gehrig 1 Erie Street, Mt. Morris, NY Town of Mt. Morris 1/01/11 - 12/31/2013 Marie Roberts 99 Main Street, Dansville, NY Town of N. Dansville 1/01/11 - 12/31/2013 Tim Brinduse 67 Main Street, Dansville, NY Village of Dansville 1/01/11 - 12/31/2013 Jeffrey Long 1771 Route 436, Nunda, NY Town of Nunda 1/01/11 - 12/31/2013 Joan Wamp 5332 Ossian Hill Road, Dansville, NY Town of Ossian 1/01/11 - 12/31/2013 Brian Fahey 876 Clark Road, Hunt, NY Town of Portage 1/01/11 - 12/31/2013 Boyd Brokaw 8888 Schuster Road, Dansville, NY Town of Sparta 1/01/11 - 12/31/2013 Dennis Witte 5305 East Lake Road, Conesus, NY Alternate at Large #1 1/01/11 - 12/31/2011 Bruce Dehm Box 103, Geneseo, NY Alternate at Large #2 1/01/11 - 12/31/2011 Dated at Geneseo, New York January 12, 2011 Human Services Committee

RESOLUTION NO. 2011-005 APPOINTING MEMBERS TO THE COMMUNITY INITIATIVES COUNCIL – TERRY HOLBROOK, SHERRY RULLIFSON, TIMOTHY CORNELL, BRENDA WEAVER RESOLVED, that the following members are hereby appointed to the Community Initiatives Council for the term designated: Name Address Representing Term Livingston County Community Initiatives Council Terry Holbrook 6839 Marrowback Rd., Conesus, NY 14435 General Public 1/1/11 -12/31/13 Sherry Rullifson 9 Groveland Rd., Geneseo, NY 14454 General Public 1/1/11 -12/31/13 Timothy Cornell 300 Loughlin Lane, Geneseo, NY 14454 Low Income 1/1/11 –12/31/12 Brenda Weaver 49 East St., P O Box 103, Nunda, NY 14517 Low Income 1/1/11 –12/31/12 Dated at Geneseo, New York January 12, 2011 Human Services Committee

RESOLUTION NO. 2011-006 APPOINTING VOTING REPRESENTATIVES TO THE INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK FOR THE YEAR 2011 – DOMENICK J. MARTELLO, MARK J. SCHUSTER, PETER YENDELL RESOLVED, that the following members are hereby appointed to the Inter-County Association of Western New York for the year 2011 for the term designated: Name Address Rep./Title Term Inter-County Association of Western New York Domenick J. Martello 4939 Blank Hill Rd., Dansville, NY 14437 Supervisor/T of Ossian 1/1/11-12/31/11 Mark J. Schuster 6464 Liberty Pole Rd, Dansville NY 14437 Supervisor/T of Sparta 1/1/11-12/31/11 Peter Yendell 7447 College St, Lima NY 14485 Supervisor/T of Lima 1/1/11-12/31/11 Dated at Geneseo, New York JANUARY 12, 2011 15

January 12, 2011 Public Services Committee

RESOLUTION NO. 2011-007 APPOINTING MEMBERS TO THE FISH AND WILDLIFE MANAGEMENT BOARD - ROBERT ESTES, LONNIE MEEUSEN RESOLVED, that the following members are hereby appointed to the Fish and Wildlife Management Board for the term designated: Name Address Rep./Title Term Fish and Wildlife Management Board Robert Estes 90 Maxwell Station Rd., Caledonia NY 14423 Landowner Rep. 1/1/11-12/31/12 Lonnie Meeusen 2416 Chautauqua Hollow Rd., Dalton, NY 14836 Landowner/Alternate 1/1/11-12/31/12 Dated at Geneseo, New York January 12, 2011 Public Services Committee

RESOLUTION NO. 2011-008 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY – TIMOTHY ANDERSON AND MICHAEL HINDS, P.E RESOLVED, that the following members are hereby appointed to the Livingston County Water and Sewer Authority for the term designated: Name Address Rep./Title Term Livingston County Water and Sewer Authority Timothy Anderson 3277 Clover St., Caledonia NY 14423 Member 1/1/11-12/31/13 Michael Hinds, P.E 216 Commerce Drive, Avon, New York 14414 Member 1/1/11-12/31/13 Dated at Geneseo, New York January 12, 2011 Public Services Committee

RESOLUTION NO. 2011-009 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY SOIL AND WATER CONSERVATION DISTRICT – GARY GALTON, GARY MOORE, DAVID LEFEBER RESOLVED, that the following members are hereby appointed to the Livingston County Soil and Water Conservation District for the term designated: Name Address Rep./Title Term Livingston County Soil and Water Conservation District Gary Galton 14 Gibbs St., Nunda, NY 14517 Farm Bureau 1/1/11-12/31/13 Gary Moore 2085 Dunkley Rd., Leicester, NY 14481 Supervisor 1/1/11-12/31/11 David LeFeber 2796 Pole Bridge Rd., Avon, NY 14414 Supervisor 1/1/11-12/31/11 Dated at Geneseo, New York January 12, 2011 Public Services Committee NOTE: This resolution was pulled from the Preferred Agenda because the names in the title did not match the body of the resolution. Mr. Gott moved and Mr. Schuster seconded to present the resolution. Carried. The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 110; Adopted

RESOLUTION NO. 2011-010 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – BRUCE MAYER, J. PETER YENDELL, ERIC GOTT, CHRISTOPHER PERO, DAVID MARK RESOLVED, that the following members are hereby appointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board Bruce Mayer 1755 Rochester Street, Lima, NY 14485 Lima Member 1/1/11-12/31/13 16 REPORT OF THE SUPERVISORS’ PROCEEDINGS

J. Peter Yendell 7447 College Street, Lima, NY 14485 Lima Alternate 1/1/11-12/31/13 Eric Gott 21 Frances Way, Livonia, NY 14487 Livonia Member 1/1/11-12/31/13 Christopher Pero 5318 Ossian Hill Rd, Dansville, NY 14437 Ossian Member 1/1/11-12/31/13 David Mark 10178 McCurdy Rd, Dansville, NY 14437 Ossian Alternate 1/1/11-12/31/13 Dated at Geneseo, New York January 12, 2011 Public Services 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. Martello and seconded by Mr. Gott to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTIONS RESOLUTION NO. 2011-011 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION: REHAB RESOURCES, PC Mr. Yendell 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 contract for the Livingston County Center for Nursing and Rehabilitation, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Rehab Resources, PC 1/1/11-12/31/11 Fee Schedule 159 West 1st Street Oswego, New York 13126 For: Supplemental Therapy Personnel. Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

Resolution No. 2011-009 was voted on at this time.

RESOLUTION NO. 2011-012 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: COUNTY OF MONROE, MAIDA BACHMAN, LIFE SCIENCE LABORATORIES Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Monroe County Forensic Pathology Services 1/1/11-12/31/13 31,534 Year 1 County Office Bldg $32,322 Year 2 39 West Main St. $33,131 Year 3 Rochester, NY 14614 For: Medical Examiner Services Maida Bachman 1/1/11-12/31/15 NYS Reimbursement Rates 5371 NYS Route 364 Middlesex, NY 14507 For: Independent Early Intervention Provider JANUARY 12, 2011 17

Life Science Laboratories 1/1/11-12/31/11 Not to exceed $5,000.00 5854 Butternut Drive East Syracuse, NY 13057 (With a local office at) 16 North Main Street Wayland, NY 14572 For: Water and soil sample analysis Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-013 ENDORSING THE ESTABLISHMENT OF PROACT DISCOUNT PRESCRIPTION DRUG CARD PROGRAM FOR RESIDENTS OF LIVINGSTON COUNTY Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, the New York State Association of Counties (NYSAC) has endorsed a County Discount Prescription Drug Card Program administered by ProAct, Inc., a subsidiary of Kinney Drugs, Inc., and WHEREAS, ProAct, Inc., is a full service pharmacy benefit management company with a reputation for exceptional service, and a focus on the education of its members to manage healthcare costs, and WHEREAS, by participating in the ProAct Discount Prescription Drug Card Program, Livingston County residents can benefit from reduced costs for prescription, and WHEREAS, said agreement is necessary to make prescription drug discount cards available to all Livingston County residents without regard to age, income, or employment status, and at no expense to the cardholder, now therefore be it RESOLVED that Livingston County endorses the establishment of a prescription drug discount card program with ProAct, Inc., 6333 Route 298, East Syracuse, NY, 13057 for the purpose of administering a prescription drug discount card program at no expense to Livingston County for the period February 1, 2011 through December 31, 2012, and be it further RESOLVED that the County shall, at its option, have the ability to renew said agreement for two additional one (1) year terms, according to the term(s) designated, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-014 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: CATHOLIC CHARITIES, CHANCES & CHANGES, NYS OFFICE OF CHILDREN & FAMILY SERVICES, CHILD CARE COUNCIL, COUNCIL ON ALCOHOLISM & SUBSTANCE ABUSE OF LIVINGSTON COUNTY, INC., DAVID CORON, M.D., GENESEE REGION HOME CARE D/B/A HOME CARE PLUS, HILLSIDE CHILDREN’S CENTER, INDUSTRIAL MEDICINE ASSOCIATES, KATE BUCKLEY, LCSW-R, ACSW, MARIA BENZONI, PAUL CARPENTER, PH.D., SANTO BENTIVEGNA, PH.D, SIBLEY NURSING PERSONNEL SERVICE, INC., STACI L. HERRICK, LCSW-R, ACSW, STATE UNIVERSITY OF NEW YORK AT GENESEO, SUE IVANCIC, LCSW-R, ACSW, TRACY LARSON, PSY.D., TRI GROUP PROGRAM, UNLIMITED CARE, VARIOUS FUNERAL HOMES, VARIOUS LICENSED DAY CARE CENTERS, VARIOUS LICENSED/REGISTERED DAY CARE PROVIDERS, VISION INFONET INC., YVONNE DIETZ Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: 18 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Contractor Term Amount Catholic Charities of Livingston County 1/1/11-12/31/11 $27,000.00 34 East State Street Mt. Morris NY 14510 For: Intensive Case Services for Noncompliant Families Catholic Charities of Livingston County 1/1/11-12/31/11 $53,000.00 34 East State Street Mt. Morris NY 14510 For: Case Management Services for SSI/SSD individuals in receipt of Temporary Assistance Catholic Charities of Livingston County 1/1/11-12/31/11 Per Apt. per month $2,640.00 34 East State Street Guarantee $5,000.00 Mt. Morris NY 14510 For: Emergency temporary housing in Dansville & Mt. Morris for DSS clients. Chances & Changes 1/1/11-12/31/11 $50,400.00 PO Box 326 Geneseo NY 14454 For: Non-Residential Domestic Violence Services Chances & Changes 1/1/11-12/31/11 Per day $102.92 PO Box 326 Geneseo NY 11454 For: Residential Domestic Violence Services Chances & Changes 1/1/11-12/31/11 Various Rates PO Box 326 Geneseo, NY 14454 For: Temporary Housing for homeless clients. $55.00 per person per day for ages 18 and over; $40.00 per person per day for ages 12 through 17 and $25.00 per person per day for ages 11 and under. NYS Office of Children & Family Services 1/1/11-12/31/11 $80,269.00 52 Washington Street Rensselaer, New York 12144 For: MOU for funding to pay for the costs incurred in providing inspection and registration services on behalf of OCFS of the registration and inspection of Family Day Care homes and School Age Programs in Livingston County. Child Care Council 1/1/11-12/31/11 $80,269.00 595 Blossom Rd., Suite 120 Rochester, NY 14610 For: Provision of inspection and registration of Family Day Care Homes and School Age Programs in Livingston County. Council on Alcoholism & Substance Abuse of 1/1/11-12/31/11 Pre-Assessments $40/hr. Livingston County, Inc. Urine Screens $25.50/screen Holcomb Building, Suite 2 Full Evaluation if not covered by Medicaid $89.99 Geneseo NY 14454 For: Drug & Alcohol screenings on referred individuals. David Coron, M.D. 1/1/11-12/31/11 Hourly $105.00 6137 County Road 41 Farmington NY 14425 For: Complete psychological evaluations of referred individuals. Genesee Region Home Care 1/1/11-12/31/11 Fee set by State d/b/a Home Care Plus 70 Metro Park Rochester, NY 14623 For: Personal Care Services Hillside Children’s Center 1/1/11-12/31/11 $127,600.00 1183 Monroe Ave JANUARY 12, 2011 19

Rochester NY 14620 For: Work experience/Community Services for youth. Industrial Medicine Associates 1/1/11-12/31/11 Per exam $105.00 660 White Plain Rd, Suit 630 Tarrytown NY 10591 For: Physical and mental impairment examinations for County Social Service claimants. Kate Buckley, LCSW-R, ACSW 1/1/11-12/31/11 Individual Session $80/hr. PO Box 242 Honeoye Falls, NY 14472 For: The treatment of children placed in foster care due to sexual abuse. Maria Benzoni 1/1/11-12/31/11 Per hour $75.00 PO Box 31 Geneseo NY 14454 For: Social Work services to children and families. Paul Carpenter, Ph.D. 1/1/11-12/31/11 Per hour $105.00 116 Main St. Mt. Morris NY 14510 For: Complete psychological evaluations for referred individuals to assist in the development/modification of the case plan. Santo Bentivegna, Ph.D 1/1/11-12/31/11 Per hour $100.00 780 Blossom Rd Rochester NY 14610 For: Complete psychological evaluations for referred individuals to assist in the development/modification of the case plan. Sibley Nursing Personnel Service, Inc. 1/1/11-12/31/11 Fee set by State 3111 South Winton Road Rochester, New York 14623 For: Personal Care Services Staci L. Herrick, LCSW-R, ACSW 1/1/11-12/31/11 Individual Session $80/hr. PO Box 242 Honeoye Falls, NY 14472 For: The treatment of children placed in foster care due to sexual abuse. State University of New York at Geneseo 1/1/11 – 12/31/13 1 College Circle Geneseo, New York For: Placement of Student Interns Sue Ivancic, LCSW-R, ACSW 1/1/11-12/31/11 Individual Session $80/hr. PO Box 242 Honeoye Falls, NY 14472 For: The treatment of children placed in foster care due to sexual abuse. Tracy Larson, Psy.D. 1/1/11-12/31/11 Per hour $100.00 165 Union St., #222 Newark NY 14513 For: Complete psychological evaluations for referred individuals to assist in the development/modification of the case plan. TRI Group Program 1/1/11-12/31/11 Fee Based per Service PO Box 193 Lakeville NY 14480 For: Counseling treatment services for children and families. Unlimited Care 1/1/11-12/31/11 Fee set by State 222 Bloomingdale Rd., Suite 402 White Plains, NY 10605 20 REPORT OF THE SUPERVISORS’ PROCEEDINGS

For: Personal Care Services Various Funeral Homes 1/1/11-12/31/13 In & Out of County For: Indigent Burial Services Various Licensed Day Care Centers 1/1/11-12/31/11 Market Rates For: Reimbursement to Day Care Centers who care for DSS clients who are eligible for day care reimbursement. Amount paid based on duration of care and age of child. Various Licensed/Registered Day Care Providers1/1/11-12/31/11 Market Rates For: Reimbursement to Day Care Providers who care for DSS clients who are eligible for day care reimbursement. Amount paid based on duration of care and age of child. Vision Infonet Inc. 1/1/11-12/31/11 Per line $.09 1717 Park Street, Suite 110 Naperville Il 60563 For: Transcription Services Yvonne Dietz 1/1/11-12/31/11 Per hour $27.50 53 East St. PO Box 265 Nunda NY 14517 For: Family Resolutions Coordinator Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-015 AUTHORIZING THE COMMISSIONER OF SOCIAL SERVICES TO SIGN A CONTRACT WITH THE FOLLOWING: LIVINGSTON COUNTY DEPARTMENT OF HEALTH, LIVINGSTON COUNTY OFFICE OF WORKFORCE DEVELOPMENT Mr. Yendell presented the following resolution and moved its adoption: RESOLVED, that the Commissioner of Social Services is hereby authorized to sign the following contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Department of Health 1/1/11-12/31/11 $185/hr. 2 Murray Hill Drive Mt. Morris NY 14510 For: Nursing Assessments Livingston County Office of Workforce Dev. 1/1/11-12/31/11 $88,000.00 6 Court St., Rm. 105 Geneseo NY 14454 For: Training and Employment services for recipients of Temporary Assistance. Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-016 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY YOUTH BUREAU: CATHOLIC CHARITIES OF LIVINGSTON COUNTY, THE CENTER FOR DISPUTE SETTLEMENT, HILLSIDE CHILDREN’S CENTER, INC., LEGAL AID SOCIETY OF ROCHESTER, NY, INC. Mr. Yendell presented the following resolution and moved its adoption: JANUARY 12, 2011 21

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Youth Bureau, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Catholic Charities of Livingston County 1/1/11-12/31/11 $3,400.00 10 Chapel St. Mt. Morris, NY 14510 For: Coordination of Mentoring Services for Livingston County Youth Catholic Charities of Livingston County 1/1/11-12/31/11 $4,000.00 10 Chapel St. Mt. Morris, NY 14510 For: Services provided through the Community of Caring program The Center for Dispute Settlement, Inc. 1/1/11-12/31/11 $6,200.00 16 East Main St. Suite 800 Rochester, NY 14614 For: The provision of mediation services for youth and families in Livingston County Hillside Children’s Center, Inc. 1/1/11-12/31/11 $10,700.00 1183 Monroe Ave. Rochester, NY 14614 For: Operation and Coordination of the Livingston County Community Service Programs Hillside Children’s Center, Inc. 1/1/11-12/31/11 $20,276.00 1183 Monroe Ave. Rochester, NY 14614 For: Operation and Coordination of the Livingston County Youth Court Programs Legal Aid Society of Rochester, NY, Inc. 1/1/11-12/31/11 $40,500.00 One West Main St. Suite 800 Rochester, NY 14614 For: The provision of Youth Advocacy services for Livingston County Youth Dated at Geneseo, New York January 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-017 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: NTS DATA SERVICES, LLC Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NTS Data Services, LLC 01/01/11-12/31/15 $105,275.00 1342 Military Road Niagara Falls NY 14304 For: Voter registration, signature digitization and interface messaging system maintenance and support agreement. Dated at Geneseo, New York January 12, 2011 Public Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

22 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-018 APPROVING CHANGE ORDER FOR COUNTY HIGHWAY DEPARTMENT; GLULAMINATED, PRESSURE-TREATED TIMBER BRIDGE SUPERSTRUCTURE – LAMINATED CONCEPTS, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Board Resolution No. 2010-378 awarded a bid and authorized a contract with Laminated Concepts, Inc. in the amount not to exceed $140,193.00 for a Glulaminated, Pressure-Treated Timber Bridge Superstructure Package, and WHEREAS, the County Highway Superintendent subsequently discovered an error/omission in the Bid Specifications that necessarily requires a change in the design parameters, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Laminated Concepts Change Order for Design Change $16,938.00 $157,131.00 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York January 12, 2011 Public Services Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-019 APPROVING CHANGE ORDER/SUPPLEMENTAL AGREEMENT FOR COUNTY HIGHWAY DEPARTMENT; CONSTRUCTION INSPECTION SERVICES, FEDERAL/STATE- AID BRIDGE REPLACEMENT PROJECT (PIN 4754.65), KYSORVILLE-BYERSVILLE ROAD (CR-59) BRIDGE OVER BUTTERNUT CREEK, WEST SPARTA: ERDMAN, ANTHONY ASSOCIATES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Board Resolution No. 2010-216 authorized a professional services contract with Erdman, Anthony Associates in the amount not to exceed $80,000.00 for Construction Inspection Services for Federal/State-Aid Bridge Replacement Project (PIN 475465), Kysorville-Byersville Road (CR-59) over Butternut Creek, Town of West Sparta, and WHEREAS, the construction project required additional inspection services and additional concrete/soil testing services beyond the scope of the original contract, at a total additional amount of $23,500.00, and WHEREAS, NYSDOT has reviewed and approved said additional services, now, therefore be it RESOLVED, that the Livingston County Board of Supervisors approves the change order which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Erdman, Anthony Associates Change Order for Additional $23,500.00 $103,500.00 Construction Inspection Services (County share $1,175.00) and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary supplemental agreement subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York January 12, 2011 Public Services Committee Chairman Merrick referenced the handout distributed and asked County Highway Superintendent Don Higgins to explain. D. Higgins indicated the handout pertained to the foregoing resolution. The existing bid specifications indicated a 63 inch design parameter and it should have been 48 inches. He stated this resolution is necessary because more testing was necessary than what was provided for in the original contract due to bad weather and concrete that had not been tested. He indicated the County share is $1,175 or 5%. The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

JANUARY 12, 2011 23

RESOLUTION NO. 2011-020 AUTHORIZING TRANSFER OF FUNDS – CENTRAL SERVICES, DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-021 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4095 2280 Health Services-Other Gov’ts $20,000.00 TOTAL $20,000.00 Increase Appropriation A4095 1950 Temp Services $720.00 4025 Conferences $2,800.00 4060 Office Supplies $140.00 4100 Postage $80.00 4200 Print/adds $16,087.00 4300 Mileage $25.00 8100 FICA $56.00 8200 Retirement $83.00 8400 Wkrs Comp $9.00 TOTAL $20,000.00 Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-022 AMENDING RULES OF ORDER OF THE BOARD OF SUPERVISORS WHEREAS, the following changes were made to the Rules of Order:  Functional areas/ other agencies for all committees removed  Planning Department moved to Public Services Committee.  Article 7 (2) County Administrator Local Law number was changed  Weights and Measures was removed from the Human Services Operating Department, because it is part of the Health Department  November meeting date It is hereby, RESOLVED, that effective immediately 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 OF THE BOARD OF SUPERVISORS Revised January 26, 2011

TABLE OF CONTENTS Article I - Meetings...... 3 Organizational Meeting...... 3 24 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Regular Meetings ...... 3 Special Meetings ...... 3 Place of Meetings ...... 3 Article 2 - Order of Business ...... 3 Article 3 - Committees...... 4 Committee Composition and Appointment...... 4 Special Committees...... 4 Vacancies...... 4 Standing Committees ...... 4 Committee Chairman ...... 4 Committee Responsibilities...... 4 Article 4 – Ways and Means Committee ...... 4 Article 5 – Public Services Committee...... 5 Article 6 – Human Services Committee ...... 5 Article 7 - Claims and Accounts...... 5 County Auditor...... 5 County Administrator...... 5 Article 8 - Salaries ...... 5 Article 9 - Resolutions ...... 6 Article 10 - Rules of Procedure ...... 6 Quorum...... 6 Chairman of the Board ...... 6 Vice Chairman of the Board...... 6 Privileges of Members...... 6 Executive Sessions ...... 7 Motions and Resolutions...... 7 Resolutions and Reports to Lie Over ...... 8 Preferred Agenda...... 8 Vote By Roll Call...... 8 Limitations on Unfinished Business...... 8 Article 11 - Amendment of Rules...... 8

RULES OF ORDER ARTICLE 1 - MEETINGS 1. ORGANIZATIONAL MEETING. 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 or her 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 and except in the month of November when the meeting shall be held on the Wednesday preceding Thanksgiving week at 1:30 o’clock in the afternoon. 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 JANUARY 12, 2011 25 the Board at least forty-eight hours before the date fixed for holding the meeting. A member may waive the service of the notice for such meeting by a writing signed by such member. 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. Special meetings may be held at any 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. COMMITTEE COMPOSITION AND APPOINTMENT. All standing committees, committee chairman and committee vice chairman shall be appointed by the Chairman of the Board, and shall serve until the end of the calendar year in which such member shall have been selected, unless the Board shall have fixed a different period. No member shall serve longer than the term for which such member shall have been elected as a Supervisor. Each Board member will hold one (1) committee membership. The Chairman of the Board and Vice Chairman of the Board shall be members of all committees. Each committee shall be composed of five Board members and the Chairman and Vice Chairman of the Board. 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. 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, the number of its members and the period during which they shall serve. 3. VACANCIES. Vacancies in standing and special committees shall be filled by the Chairman of the Board from the Board's membership. 4. STANDING COMMITTEES. 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 hereunder: (1) Ways and Means Committee (2) Public Services Committee (3) Human Services Committee 5. COMMITTEE CHAIRMAN. 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. COMMITTEE RESPONSIBILITIES. Subject to the authority given to the County Administrator by Local Law No. 3 of the year 1988, committees shall have charge of all matters related to their respective subheadings. The designated subheadings shall not to be construed to prevent the addition and assignment of other responsibilities as the need arises. ARTICLE 4 – WAYS AND MEANS COMMITTEE OPERATING DEPARTMENTS: Budget Officer, Clerk of the Board, County Attorney, County Auditor, County Treasurer, Information and Technology Services, Personnel, Real Property Tax Services, including functional areas of the operating departments and agencies associated with the operating departments 26 REPORT OF THE SUPERVISORS’ PROCEEDINGS

ARTICLE 5 – PUBLIC SERVICES COMMITTEE OPERATING DEPARTMENTS: Board of Elections, Central Services, County Clerk, County Historian, District Attorney, Economic Development, Emergency Management Services, Highway, Planning, Probation, Public Defender, Records Management, Sheriff, Solid Waste, Water & Sewer Districts, including functional areas of the operating departments and agencies associated with the operating departments ARTICLE 6 – HUMAN SERVICES COMMITTEE OPERATING DEPARTMENTS: Community Services, Office for the Aging, Department of Health, Department of Social Services, Livingston County Center for Nursing & Rehabilitation, Veterans’ Service Agency, Workforce Development & Youth Bureau, including functional areas of the operating departments and agencies associated with the operating departments ARTICLE 7 - CLAIMS AND ACCOUNTS 1. COUNTY AUDITOR. 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 Ways and Means Committee the 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. COUNTY ADMINISTRATOR. The County Administrator, pursuant to Local Law No. 6 for the year 2007, 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 8 - SALARIES 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. 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. Such payrolls shall be certified as correct for the period of service and the amount due all employees by their respective department heads. ARTICLE 9 - RESOLUTIONS All resolutions to be presented to the Board at any regular meeting thereof shall be approved by the appropriate standing or special committee. Resolutions not approved at a meeting of such standing or special committee must be approved in writing by a majority of the committee prior to presentation to the Board. Nothing herein contained, however, shall affect the legality of any resolution duly enacted by the Board which has not been so presented. ARTICLE 10 - RULES OF PROCEDURE – REGULAR BOARD MEETINGS 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 of weighted votes 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. The Chairman 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 the Vice Chairman 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. JANUARY 12, 2011 27

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 appointed. 4. PRIVILEGES OF MEMBERS. a. No member rising to take part in the proceedings shall proceed until such member has addressed the Chairman and has been recognized by the Chairman. 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, such member shall take their 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. The title of each resolution shall be read by the Clerk of the Board before debate, and immediately before the question is put thereon. Every motion, except those specified in subdivision "f" of this rule shall be reduced to writing if the Chairman or any member so requests. Any member may request that the full text of a resolution be read prior to a vote thereon. Such request must be made prior to the Clerk of the Board commencing the roll call. 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, so that a vote may be taken on each proposition; however, 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 lie 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. Such reconsideration must be 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. No action may be reconsidered a second time without the unanimous consent of the Board. If any member is absent at the time any action is taken by the Board, such member may move for reconsideration of such action at the first meeting, which such member may attend after having learned of such action, subject to the limitations on unfinished business hereinafter contained. 28 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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, lie 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.). The Preferred Agenda, as such, shall be voted upon by a single Roll Call vote. 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 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. A 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. 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 be reintroduced before the Board unless otherwise ordered by a majority vote of the Board at any regular meeting thereof held in the month of December. ARTICLE 11 - 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 Revised, May 24, 2000 Revised, September 13, 2000 Revised, June 27, 2001 Revised, September 28, 2005 to be effective November 1, 2005 Revised January 26, 2011 Dated at Geneseo, New York January 12, 2011 Laid Over Ways and Means Committee County Attorney David Morris explained the proposed changes to the Rules of Order and indicated that pursuant to the Rules, this resolution must be laid over until the next meeting.

RESOLUTION NO. 2011-023 AUTHORIZING BLANKET UNDERTAKING Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, section 11 of the Public Officers Law authorizes the governing body of a municipality to procure a blanket undertaking to cover officers, clerks and employees of the municipality who would otherwise be required to post an individual undertaking; and WHEREAS, such blanket undertaking must indemnify against losses through the failure of officers, clerks or employees to faithfully perform their duties or account for moneys or property received by virtue of their position or employment and through fraudulent or dishonest acts committed by officials, clerks or employees covered thereunder, now, therefore, be it JANUARY 12, 2011 29

RESOLVED, that the Livingston County Board of Supervisors consents and approves a blanket undertaking to cover all officers, clerks and employees required by law to post an undertaking which undertaking shall be provided by the following policies: a) Public Officials Liability Policy, provided by New York Municipal Insurance Reciprocal, policy no. MPOLIVI001; and b) Government Crime Policy provided by Fidelity Deposit Company of Maryland, policy no. CCP0058540 05. Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-024 ESTABLISHING PETTY CASH AMOUNTS FOR VARIOUS DEPARTMENTS FOR THE YEAR 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the following petty cash amounts and designees be established for the year 2011: Department Custodian Amount Board of Sup./Cty. Adm. Terrence Donegan $ 100.00 Center for Nursing & Rehabilitation Frank Bassett $ 2,800.00 Community Services Barbara Goodness $ 5,000.00 County Clerk James Culbertson $ 750.00 County Treasurer Carolyn Taylor $ 2,000.00 Department of Health Joan Ellison $ 150.00 Economic Development Patrick Rountree $ 150.00 Highway Donald Higgins $ 1,000.00 Personnel Tish Lynn $ 100.00 Planning Angela Ellis $ 125.00 Probation Edward Erhard $ 350.00 Sheriff’s Dept. John York $ 2,500.00 Social Services Sandra Wright $ 2,000.00 Weights & Measurers Michael Cloonan $ 150.00 Women’s Health Center Joan Ellison $ 500.00 Workforce Development C. Keith Mitchell $ 300.00 Youth Bureau C. Keith Mitchell $ 100.00 Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-025 SETTING SALARIES: SHERIFF’S OFFICE – UNDERSHERIFF JAMES M. SZCZESNIAK AND DEPUTY SHERIFF/MAJOR (INVESTIGATIONS) MATTHEW D. BURGESS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, James M. Szczesniak was appointed by the Livingston County Sheriff to the position of Undersheriff effective December 30, 2010; and WHEREAS, Matthew D. Burgess was appointed by the Livingston County Sheriff to the position of Deputy Sheriff/Major (Investigations) effective December 30, 2010; and WHEREAS, the salaries for these individuals need to be set by the Livingston County Board of Supervisors; it is hereby RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: The annual salary of James M. Szczesniak, Undersheriff, is hereby increased to $80,000 effective January 2, 2011. The annual salary of Matthew D. Burgess, Deputy Sheriff/Major (Investigations), is hereby increased to 30 REPORT OF THE SUPERVISORS’ PROCEEDINGS

$69,900 effective January 2, 2011. Dated at Geneseo, New York January 12, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted

RESOLUTION NO. 2011-026 CORRECTING TAX ROLL – TOWNS OF AVON AND YORK Mr. Pangrazio 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 four (4 parcels) applications for correction of the tax rolls, pursuant to the Real Property Tax Law, as prepared for the Towns of Avon and York 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 applications 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 rolls so that the roll can be corrected; and a notice of approval to the applicants, 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 bills. The County Treasurer is authorized to issue refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Chargebacks to Original Corrected Refund to Taxing Year, Town & Parcel Taxing Jurisdiction Tax Bill Tax Bill Owner Jurisdictions 1. 2011 Avon Livingston County $ 178.92 $178.92 $0.00 $ 0.00 Webb, James H. Avon Town Tax 96.81 96.81 0.00 0.00 Wilbur, David Hon. Falls-Lima CS Rel. 1,483.62 0.00 0.00 1,483.62 Tax Map Number Avon Fire 1 168.40 168.40 0.00 0.00 26.-1-24 Total $1,927.75 $444.13 $0.00 $1,483.62

2. 2009 York Livingston County $144.81 $144.81 $0.00 $ 0.00 Cuozzo, Gary & Tracey York Town Tax 83.46 83.46 0.00 0.00 Tax Map Number York Fire 1 16.41 16.41 0.00 0.00 70.-1-25.4 York Light 1 2.70 2.70 0.00 0.00 Consol. Water Vacant 168.00 72.40 95.60 95.60 Total $415.38 $319.78 $95.60 $95.60

3. 2010 York Livingston County $137.95 $137.95 $0.00 $ 0.00 Cuozzo, Gary & Tracey York Town Tax 75.44 75.44 0.00 0.00 Tax Map Number York Fire 1 14.08 14.08 0.00 0.00 70.-1-25.4 York Light 1 2.19 2.19 0.00 0.00 Consol. Water Vacant 420.00 181.00 239.00 239.00 Total $649.66 $410.66 $239.00 $239.00

4. 2011 York Livingston County $143.54 $143.54 $0.00 $ 0.00 Cuozzo, Gary & Tracey York Town Tax 74.58 74.58 0.00 0.00 Tax Map Number York Fire 1 14.46 14.46 0.00 0.00 70.-1-25.4 York Light 1 2.17 2.17 0.00 0.00 Consol. Water Vacant 420.00 181.00 0.00 239.00 Total $654.75 $415.75 $0.00 $239.00 Dated at Geneseo, New York January 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,505; Noes - 0; Absent – Wadsworth, 247; Total – 247; Adopted JANUARY 12, 2011 31

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Rep/Title Term Expires Agricultural and Farmland Protection Board Edwin O. Blodgett 1672 Bragg Street, Lima, NY 14485 Active Farmer 6/1/13 Cornell Cooperative Extension of Livingston County Board of Directors David L. LeFeber 2796 Pole Bridge Road, Avon, NY 14414 Supervisor Member 12/31/11 GLOW Solid Waste Committee Brenda Donohue PO Box 188, Conesus NY 14435 Member 12/31/11 Gary D. Moore 2085 Dunkley Rd., Leicester NY 14481 Chairman Designee/Member 12/31/11 Daniel Pangrazio 531 Feeley Rd., Caledonia NY 14423 Member 12/31/11 Catherine VanHorne PO Box 396, Lakeville NY 14480 Alternate 12/31/11 Genesee/Finger Lakes Regional Planning Council Brenda Donohue PO Box 188, Conesus NY 14435 Chairman Designee/Member 12/31/11 William Wadsworth PO Box 127, Geneseo NY 14454 Member 12/31/11 VACANT Member 12/31/11 Angela Ellis 6 Court St., Rm 305, Geneseo NY 14454 Ex-officio Member 12/31/11 Patrick Rountree 6 Court St., Rm 306, Geneseo NY 14454 Ex-officio Member 12/31/11 Genesee Transportation Council Angela Ellis 6 Court St., Rm 305, Geneseo NY 14454 Chairman Designee/Member 12/31/11 Genesee Transportation Council Planning Committee Angela Ellis 6 Court St., Rm 305, Geneseo NY 14454 Representative 12/31/11 Donald Higgins 4389 Gypsy Lane, Mt. Morris NY 14510 Alternate 12/31/11 Heather Ferrero 6 Court St., Rm 305, Geneseo NY 14454 Alternate 12/31/11 2. EXECUTIVE SESSION Motion made by Mr. Deming and seconded by Mr. Pangrazio 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, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle, County Attorney David J. 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 employment history of a particular person, hereby reports as follows: No action taken. Dated January 12, 2011 James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Deming and seconded by Mr. Schuster that the Report of the Executive Session be accepted. Carried.

3. COUNTY ADMINISTRATOR IAN M. COYLE UPDATE

The County Administrator reported that he, County Treasurer Carolyn Taylor and Economic Development Director Pat Rountree had a one-hour conference call with Moody’s to discuss a possible rating increase. We currently have a Aa2 rating. Fiscal Advisors indicated this is a stable rating and we probably wouldn’t see a change, however, the County Administrator indicated he pushed for a Aa1 rating, which is the last step before a AAA. He indicated Livingston County would never get a Triple A rating due to socio-economic factors and the fact that we are primarily agriculture. The County Administrator explained that Moody’s commended us for not doing an amortization schedule of our pension obligations and the fact that we did not budget for the ARRA/FMAP funding. Moody’s also inquired about 32 REPORT OF THE SUPERVISORS’ PROCEEDINGS our General Fund Balance and the performance of the Center for Nursing and Rehabilitation, and he indicated as we all know the CNR is performing well operationally and financially.

4. OTHER

Chairman Merrick reported he has contacted Senator Catharine Young regarding our Home Rule request for the Mortgage and Transfer Tax, and Senator Young is expecting to review the matter on Friday, 1/14/11, and hopefully we will hear something by next Tuesday, 1/18/11.

Chairman Merrick commented that the County Offices would be closed, Monday, January 17, 2011 due to Martin Luther King Holiday.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Gott to adjourn until Wednesday, January 26, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:15 p.m.

JANUARY 26, 2011 33

Gregory McCaffrey REGULAR BOARD MEETING WEDNESDAY, JANUARY 26, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Wadsworth (Geneseo), Mr. Moore (Leicester), Mr. DiPasquale (Mt. Morris), and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE Caledonia Supervisor Daniel L. Pangrazio led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 1/12/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from the family of Robert N. Dennison, former Livingston County Dog Control Officer, for the donation to Livingston County Hospice.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-027 APPROVING ABSTRACT OF CLAIMS #1B – JANUARY 26, 2011 RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #1B dated January 26, 2011 in the total amount of $1,926,357.08. Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,291; Noes - 0; Absent – Wadsworth, 247; Moore, 64; DiPasquale, 126; Davis, 24; Total – 461; Adopted.

PRIVILEGE OF THE FLOOR 1. DIRECTOR OF LONG TERM CARE AND LIVINGSTON COUNTY EMPLOYEE CAMPAIGN CO-CHAIR FRANK BASSETT, ECONOMIC DEVELOPER AND LIVINGSTON COUNTY EMPLOYEE CAMPAIGN CO-CHAIR PAT ROUNTREE, CHAIRMAN OF LIVINGSTON COUNTY UNITED WAY BOARD DAVID WOODS, 2011 LIVINGSTON COUNTY CAMPAIGN CHAIRMAN BOB SMITH, 2011 LIVINGSTON COUNTY CAMPAIGN VICE CHAIRMAN MATT COLE AND EXECUTIVE DIRECTOR OF UNITED WAY KAREN RUMFOLA – 2011 LIVINGSTON COUNTY EMPLOYEE UNITED WAY CAMPAIGN

Chairman of Livingston County United Way Board David Woods and former Livingston County Planning Director stated it feels good to be before the Board of Supervisors. He indicated it has been not quite three years since his retirement. He thanked the Board for giving them the opportunity to speak. He reported that shortly after his retirement he became Chairman of the Livingston County United Way Board of Directors, and he is here today to kick off the 2011 Livingston County Employee United Way Campaign. He introduced those named above.

Mr. Davis and Mr. Wadsworth entered.

David Woods indicated this is the first time the 2011 United Way video has been shown. David Woods stated at this time he would turn the floor over to Frank Bassett and Pat Rountree to make a few comments. He continued by saying how much they appreciate the Board supporting this campaign, and he publicly thanked the Livingston County employees for their magnificent job of donating to the United Way. Donating to United Way is a key part in helping follow residents in Livingston County. He stated the fact that the County employee campaign gets kicked off first is significant, and he looks forward to working with everyone in this somewhat different capacity. Frank Bassett added that it is wonderful to work with David Woods again in this capacity. He stated David Woods is a very active and vocal Chairman. Frank explained that he and Pat Rountree are serving as Co-Chair this 34 REPORT OF THE SUPERVISORS’ PROCEEDINGS year. The dollar amount raised last year was $28,515.50. He reported that the campaign coordinators would meet on Thursday January 27th to set a campaign goal, and he is pleased to announce that the Center for Nursing and Rehabilitation is again hosting the campaign coordinator luncheon to kick off the County employee campaign. He extended his appreciation to Information and Technology Services Director Dale Nieswiadomy for generating employee labels to personalize each donation envelope. The Clerk of the Board was informed after this meeting that the 2011 goal is $30,000. Pat Rountree indicated the employee United Way Campaign will begin February 4, 2011 and end March 4, 2011. Pat Rountree commented that it is nice that we have begun our campaign early, which will then allow David Woods to give a report that the County has shown leadership and ask for continued support from other entities. Pat indicated he and Frank are available to answer any questions. David Woods asked Karen Rumfola to begin the video. The video was presented. David Woods again thanked the Board of Supervisors for their continued support and indicated the full United Way Campaign will begin March 11, 2011. Bob Smith thanked the Board of Supervisors for their support and commented he is overwhelmed by the Livingston County Employee campaign. David Woods asked if anyone had any questions. Lima Supervisor Yendell commented that he is glad to see an upbeat video, and he believes this type of video is much better than the past tear-jerker videos. David Woods added that the production of the 2011 video was in conjunction with Wyoming County and also they used footage that ARC had already produced, which limited the overall cost of the video. He indicated that if anyone needed additional pamphlets that they could get them from the Clerk of the Board. He again thanked the Board for their time today.

UNFINISHED BUSINESS RESOLUTION NO. 2011-022 AMENDING RULES OF ORDER OF THE BOARD OF SUPERVISORS Mr. Pangrazio moved and Mr. Yendell seconded to present the following resolution and moved its adoption: WHEREAS, the following changes were made to the Rules of Order:  Functional areas/ other agencies for all committees removed  Planning Department moved to Public Services Committee.  Article 7 (2) County Administrator Local Law number was changed  Weights and Measures was removed from the Human Services Operating Department, because it is part of the Health Department  November meeting date It is hereby, RESOLVED, that effective immediately 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 OF THE BOARD OF SUPERVISORS Revised January 26, 2011

TABLE OF CONTENTS Article I - Meetings...... 3 Organizational Meeting...... 3 Regular Meetings ...... 3 Special Meetings ...... 3 Place of Meetings ...... 3 Article 2 - Order of Business ...... 3 Article 3 - Committees...... 4 Committee Composition and Appointment...... 4 Special Committees...... 4 Vacancies...... 4 Standing Committees ...... 4 JANUARY 26, 2011 35

Committee Chairman ...... 4 Committee Responsibilities...... 4 Article 4 – Ways and Means Committee ...... 4 Article 5 – Public Services Committee...... 5 Article 6 – Human Services Committee ...... 5 Article 7 - Claims and Accounts...... 5 County Auditor...... 5 County Administrator...... 5 Article 8 - Salaries ...... 5 Article 9 - Resolutions ...... 6 Article 10 - Rules of Procedure ...... 6 Quorum...... 6 Chairman of the Board ...... 6 Vice Chairman of the Board...... 6 Privileges of Members...... 6 Executive Sessions ...... 7 Motions and Resolutions...... 7 Resolutions and Reports to Lie Over ...... 8 Preferred Agenda...... 8 Vote By Roll Call...... 8 Limitations on Unfinished Business...... 8 Article 11 - Amendment of Rules...... 8

RULES OF ORDER ARTICLE 1 - MEETINGS 1. ORGANIZATIONAL MEETING. 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 or her 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 and except in the month of November when the meeting shall be held on the Wednesday preceding Thanksgiving week at 1:30 o’clock in the afternoon. 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. A member may waive the service of the notice for such meeting by a writing signed by such member. 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. Special meetings may be held at any 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 36 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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. COMMITTEE COMPOSITION AND APPOINTMENT. All standing committees, committee chairman and committee vice chairman shall be appointed by the Chairman of the Board, and shall serve until the end of the calendar year in which such member shall have been selected, unless the Board shall have fixed a different period. No member shall serve longer than the term for which such member shall have been elected as a Supervisor. Each Board member will hold one (1) committee membership. The Chairman of the Board and Vice Chairman of the Board shall be members of all committees. Each committee shall be composed of five Board members and the Chairman and Vice Chairman of the Board. 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. 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, the number of its members and the period during which they shall serve. 3. VACANCIES. Vacancies in standing and special committees shall be filled by the Chairman of the Board from the Board's membership. 4. STANDING COMMITTEES. 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 hereunder: (1) Ways and Means Committee (2) Public Services Committee (3) Human Services Committee 5. COMMITTEE CHAIRMAN. 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. COMMITTEE RESPONSIBILITIES. Subject to the authority given to the County Administrator by Local Law No. 3 of the year 1988, committees shall have charge of all matters related to their respective subheadings. The designated subheadings shall not to be construed to prevent the addition and assignment of other responsibilities as the need arises. ARTICLE 4 – WAYS AND MEANS COMMITTEE OPERATING DEPARTMENTS: Budget Officer, Clerk of the Board, County Attorney, County Auditor, County Treasurer, Information and Technology Services, Personnel, Real Property Tax Services, including functional areas of the operating departments and agencies associated with the operating departments ARTICLE 5 – PUBLIC SERVICES COMMITTEE OPERATING DEPARTMENTS: Board of Elections, Central Services, County Clerk, County Historian, District Attorney, Economic Development, Emergency Management Services, Highway, Planning, Probation, Public Defender, Records Management, Sheriff, Solid Waste, Water & Sewer Districts, including functional areas of the operating departments and agencies associated with the operating departments ARTICLE 6 – HUMAN SERVICES COMMITTEE OPERATING DEPARTMENTS: Community Services, Office for the Aging, Department of Health, Department of Social Services, Livingston County Center for Nursing & Rehabilitation, Veterans’ Service Agency, Workforce Development & Youth Bureau, including functional areas of the operating departments and agencies associated with the operating departments ARTICLE 7 - CLAIMS AND ACCOUNTS JANUARY 26, 2011 37

1. COUNTY AUDITOR. 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 Ways and Means Committee the 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. COUNTY ADMINISTRATOR. The County Administrator, pursuant to Local Law No. 6 for the year 2007, 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 8 - SALARIES 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. 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. Such payrolls shall be certified as correct for the period of service and the amount due all employees by their respective department heads. ARTICLE 9 - RESOLUTIONS All resolutions to be presented to the Board at any regular meeting thereof shall be approved by the appropriate standing or special committee. Resolutions not approved at a meeting of such standing or special committee must be approved in writing by a majority of the committee prior to presentation to the Board. Nothing herein contained, however, shall affect the legality of any resolution duly enacted by the Board which has not been so presented. ARTICLE 10 - RULES OF PROCEDURE – REGULAR BOARD MEETINGS 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 of weighted votes 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. The Chairman 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 the Vice Chairman 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 appointed. 4. PRIVILEGES OF MEMBERS. a. No member rising to take part in the proceedings shall proceed until such member has addressed the Chairman and has been recognized by the Chairman. 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, such member shall take their seat until the question is determined, unless permitted by the Board to explain. 38 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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. The title of each resolution shall be read by the Clerk of the Board before debate, and immediately before the question is put thereon. Every motion, except those specified in subdivision "f" of this rule shall be reduced to writing if the Chairman or any member so requests. Any member may request that the full text of a resolution be read prior to a vote thereon. Such request must be made prior to the Clerk of the Board commencing the roll call. 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, so that a vote may be taken on each proposition; however, 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 lie 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. Such reconsideration must be 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. No action may be reconsidered a second time without the unanimous consent of the Board. If any member is absent at the time any action is taken by the Board, such member may move for reconsideration of such action at the first meeting, which such member 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, lie 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.). The Preferred Agenda, as such, shall be voted upon by a single Roll Call vote. Any Supervisor may request and JANUARY 26, 2011 39

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 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. A 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. 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 be reintroduced before the Board unless otherwise ordered by a majority vote of the Board at any regular meeting thereof held in the month of December. ARTICLE 11 - 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 Revised, May 24, 2000 Revised, September 13, 2000 Revised, June 27, 2001 Revised, September 28, 2005 to be effective November 1, 2005 Revised January 26, 2011 Dated at Geneseo, New York January 12, 2011 Laid Over January 26, 2011 Ways and Means Committee County Attorney David Morris explained the following changes:  Functional areas/other agencies for all committees removed  Planning Department moved to Public Services Committee.  Article 7 (2) County Administrator Local Law number was changed  Weights and Measures was removed from the Human Services Operating Department, because it is part of the Health Department  November meeting date The roll was called as follows (2/3 Vote): Ayes - 1,637; Noes - 0; Absent – Moore, 65; DiPasquale, 129; Total – 194; Adopted.

PREFERRED AGENDA RESOLUTION NO. 2011-028 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – KENNETH TROGLAUER, LORRIE BRYANT, RICK MORAN, DORIS MARSH RESOLVED, that the following members are hereby appointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board Kenneth Troglauer 3113 Moyer Road, Mt. Morris, NY 14510 Mt. Morris Rep. 1/1/11-12/31/13 Lorrie Bryant 44 Murray Street, Mt. Morris, NY 14510 Mt. Morris Alt. 1/1/11-12/31/13 Rick Moran 9364 Water Cure Road, Nunda, NY 14517 Nunda Rep. 1/1/11-12/31/13 Doris Marsh 2252 Gilbert Road, Dalton, NY 14836 Nunda Alt. 1/1/11-12/31/13 Dated at Geneseo, New York January 26, 2011 40 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Public Services 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. Martello and seconded by Mr. Deming to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-029 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DISTRICT ATTORNEY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 District Attorney Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A1165 2626 Forfeiture of Crimes $850.80 Increase Appropriation A1165 4410 Payments of Other Gov’ts $850.80 Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-030 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2770 Other Unclassified $60,000.00 Increase Appropriation DM5130 4124 Gas $60,000.00 Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-031 DECLARING SURPLUS PROPERTY – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Sheriff’s Department Quantity Item Model # Serial # 1 Canine K-9 named Saige N/A N/A Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-032 REQUESTING AUTHORITY FROM THE NEW YORK STATE LEGISLATURE TO CONTINUE THE LOCAL SALES TAX SHARE AT 4% Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors recognized the increased tax burden that has been placed on property owners in Livingston County in recent years necessitated by economic factors beyond the control of JANUARY 26, 2011 41

County government and in 2003 obtained approval from the New York State Legislature to raise the local sales tax share from 3% to 4%; and WHEREAS, these economic factors have not improved, and WHEREAS, the Livingston County Board of Supervisors has decided to seek a continuance of the increase in the local sales tax share to help reduce further increases in the property tax burden, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors requests that the New York State Legislature enact legislation authorizing the County of Livingston to continue the local sales tax share at 4%, and, be it, further RESOLVED, that certified copies of this resolution be forwarded to Senators Catharine M. Young and Patrick Gallivan, Assemblymen Sean Hanna and Daniel J. Burling and the New York State Association of Counties. Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-033 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY: LIVINGSTON COUNTY CHAMBER OF COMMERCE Mr. Pangrazio 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 contract(s) for Livingston County, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Chamber of Commerce 1/1/11-12/31/11 $127,000.00 4635 Millennium Drive Geneseo, NY 14454 For: Promotion of Tourism Dated at Geneseo, New York January 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Genesee Finger Lakes Regional Planning Council Bonnie Taylor-Davis 410 North Avenue, Avon, NY 14414 Member 12/31/11 Livingston County Chamber of Commerce Board of Directors Ian M. Coyle Liv. Cty. Govt. Ctr, Room 302, Geneseo, NY Ex-Officio Member, At pleasure of 14454 Chairman Designee Chairman

2. COUNTY ADMINISTRATOR UPDATE

The County Administrator reported he has good and bad news.

The good news is that in 2010 we saw increased sales tax returns up over 8.25% from 2009 and this growth is good as we move forward in 2011. The County Administrator affirmed that Moody’s kept us at the Aa2 rating which is very high for a County our size. The 2010 overall financial outcome looks good, and he expects to report on this in a couple weeks. Mostly importantly, the inmates were moved into the new County jail addition with little fanfare and only a couple housekeeping issues. Commission of Correction was on site. To date, there are 87 inmates housed in the County Jail. The County Administrator thanked the Sheriff’s Department for the smooth transition. He indicated that in approximately 2-3 weeks, the females would be housed in the new facility on a temporary basis while the existing jail is being renovated. 42 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The bad news is that the State of New York has to have a 2011-2012 budget, and at some point the impact of this budget will hit counties. He expects the impacts to be widespread. One item of discussion is the idea of a property tax cap. He indicated he would be submitting proposals to the Ways and Means Committee of what will be addressed if a property tax cap is adopted. He noted that he, the Clerk of the Board and several Supervisors will be attending the NYSAC Legislative Conference February 7-9, 2011 in Albany and information on the impacts of the State Budget should be released at that time.

3. OTHER

Chairman Merrick indicated that he has been waiting for a telephone call from our elected officials regarding Milo Turner’s appointment to the Rochester Genesee Regional Transportation Authority, funding for Stagecoach Road in the Towns of Conesus and Sparta, and our Home Rule for the Mortgage and Transfer Tax. He is hopeful that he will hear something by next meeting.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, February 9, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:00 p.m. FEBRUARY 9, 2011 43

REGULAR BOARD MEETING WEDNESDAY, FEBRUARY 9, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Yendell (Lima) and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE Nunda Supervisor Thomas B. Baldwin led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 1/26/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Notification from Monroe County Executive Maggie Brooks that Monroe County is in the process of establishing lead agency for the Monroe County Public Safety Communication Project. 2. Letter from New York State Department of Environmental Conservation acknowledging receipt of Res. No. 2010-318 Supporting New York State Department Of Environmental Conservation Response To The United States Environmental Protection Agency Chesapeake Bay Total Maximum Daily Load Regulatory Proposal. 3. Letter from Michael J. Vogt, President, B. Beardsley Management & Ent., Inc. regarding contract issues for Conesus Lake County Sewer District Ext. No. 9, Hamlet of Conesus Sanitary Sewer Improvements. 4. Teen Recognition Award nominations need to be submitted to the Youth Bureau by close of business on Friday February 11th, or if mailed, postmarked by February 11th. 5. Thank you card from Commissioner of Social Services Sandy Wright for the donation to the American Diabetic Association in memory of her father Robert L. Barger

INTRODUCTION OF LOCAL LAW 1. LOCAL LAW NO. A – 2011 – PROVIDING EXEMPTION UNDER SECTION 485-a OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF LIMA Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. Purpose This Local Law is enacted pursuant to the provisions of section 485-a of the Real Property Tax Law of the State of New York to grant a partial exemption from taxation to certain real property located within the Village of Lima, which has been converted to a combination of commercial and residential use. Section 2. Definitions For purposes of this Local Law: A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this local law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Exemption Base” means the increase in the assessed value of real property attributable to the amount invested, exclusive of the cost of ordinary maintenance and repairs, to convert such real property to Mixed- use property, as hereinafter defined. E. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial use. F. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. G. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to 44 REPORT OF THE SUPERVISORS’ PROCEEDINGS

be used for residential purposes. H. “Village” means the Village of Lima located within Livingston County. Section 3. Exemption A. Non-residential real property located within the Village upon conversion to Mixed Use Property shall be exempt from taxation and special ad valorem levies as provided hereinafter. B. (i) For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion, shall be exempt as provided in subsection B(ii) of this section. Such exemption shall be computed with respect to the “exemption base”. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year’s assessed value. (ii) The following table shall illustrate the computation of the tax exemptions: Years of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base C. No such exemption shall be granted unless: (1) such conversion was commenced subsequent to the effective date of this local law; and (2) the cost of such conversion exceeds the sum of ten thousand dollars. D. For purposes of this local law, conversion shall not include ordinary maintenance and repairs. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements has such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this local law less the number of years the property would have been previously exempt from real property taxes. Section 4. Application Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the State Board of Real Property Tax Services. Such application shall be filed with the Town of Lima assessor on or before the appropriate taxable status date of the Village. Section 5. Approval of Exemption If the Town of Lima assessor is satisfied that the applicant is entitled to an exemption pursuant to this local law, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided herein commencing with the assessment roll prepared after the taxable status date referred to in Section 4 of this local law. The assessed value of any exemption granted pursuant to this local law shall be entered by the Town of Lima assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. Section 6. Effective Date This local law shall take effect upon its filing with the New York State Secretary of State. Dated at Geneseo, New York February 9, 2011 (Introduced) Chairman Merrick asked County Attorney David Morris to explain the foregoing local law. The County Attorney stated this local law would provide partial exemption for certain real property located in the Village of Lima. He added that non-residential real property located within the Town upon conversion to Mixed Use Property shall be partially exempt from taxation and special ad valorem levies as outlined in the local law. A similar local law has been adopted by the Town and Village of Lima.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-034 APPROVING ABSTRACT OF CLAIMS #2A – FEBRUARY 9, 2011 FEBRUARY 9, 2011 45

Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #2A dated February 9, 2011 in the total amount of $1,311,765.50. Dated at Geneseo, New York February 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Yendell, 125; Davis, 24 Total – 169; Adopted.

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

PREFERRED AGENDA RESOLUTION NO. 2011-035 APPOINTING MEMBER TO THE COMMUNITY INITIATIVES COUNCIL – DEREK J. WADSWORTH RESOLVED, that the following member is hereby appointed to the Community Initiatives Council for the term designated: Name Address Representing Term Livingston County Community Initiatives Council Derek J. Wadsworth 13B Clay St. Dansville, NY 14437 Low Income 1/1/11 to 12/31/12 filling unexpired term of Ruth Herring Dated at Geneseo, New York February 9, 2011 Human Services Committee

RESOLUTION NO. 2011-036 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY BOARD OF HEALTH – DOUGLAS J. MACKENZIE AND J. PETER YENDELL RESOLVED, that the following members are hereby appointed to the Livingston County Board of Health for the terms designated: Name Address Rep./Title Term Livingston County Community Board of Health Douglas J. MacKenzie, 6 Seminole Ave., Geneseo, NY 14454 Member 1/1/11-12/31/16 Au.d., CCC-A J. Peter Yendell 7447 College St., Lima, NY 14485 Member-Supervisor 1/1/11-12/31/11 Dated at Geneseo, New York February 9, 2011 Human Services Committee

RESOLUTION NO. 2011-037 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – JAMES MACWHORTER, JAY GRIFFITH RESOLVED, that the following members are hereby appointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board James MacWhorter 7 Adams Street, Dansville, NY 14437 N. Dansville Rep. 1/1/11-12/31/13 Jay Griffith 94 Crestwood Circle, Dansville, NY 14437 N. Dansville Alt. 1/1/11-12/31/13 Dated at Geneseo, New York February 9, 2011 Public Services Committee

46 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-038 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. A - 2011 COUNTY OF LIVINGSTON PROVIDING EXEMPTION UNDER SECTION 485-A OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF LIMA WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on February 9, 2011, a proposed Local Law entitled Local Law No. A – 2011 County of Livingston Providing Exemption Under Section 485-A Of The Real Property Tax Law For Certain Converted Mixed Use Property In The Village Of Lima, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 23rd day of February, 2011 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 February 9, 2011 Public Services Committee

Mr. Davis entered.

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. Pangrazio and seconded by Mr. Deming to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-039 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN VARIOUS CONTRACTS FOR THE LIVINGSTON COUNTY DEPARTMENT OF MENTAL HEALTH AS FOLLOWS: ABVI GOODWILL, ARBOR DEVELOPMENT, COUNCIL OF ALCOHOLISM AND SUBSTANCE ABUSE OF LIVINGSTON COUNTY, CATHOLIC CHARITIES OF LIVINGSTON COUNTY, COMPEER, DEPAUL, HILLSIDE CHILDREN’S CENTER, LAKEVIEW MENTAL HEALTH SERVICES, ARC OF LIVINGSTON/WYOMING COUNTY, MENTAL HEALTH ASSOCIATION, PEACE FAMILY SUPPORT GROUP, INC., DR. SHAHIDA REHMANI, SIGN LANGUAGE CONNECTION INC., VISION INFONET, WESTERN NY MED-PSYCH, PLLC Mr. Schuster presented the following resolution and moved its adoption: Contractor Term Amount ABVI Goodwill 1/1/11-12/31/11 $13,873.00 3136 Winton Rd So, Ste #304 Rochester, New York 14623 For: Crisis phone service Arbor Development 1/1/11-12/31/11 $57,594.00 P O Box 31 Bath, New York 14810 For: Supported Housing Services to provide rental stipends for people with a serious and persistent mental illness who are waiting for Section 8 low income housing subsidy to begin. Funds 2 “Crisis/Respite” apartments in Livingston County to cope with impending psychiatric decompensation (respite) or avoid homelessness without support. Council of Alcoholism and Substance Abuse 1/1/11-12/31/11 $378,866.00 Of Livingston County Holcomb Building, Suite 2 Geneseo, New York 14454 For: Substance abuse treatment and prevention. This contract includes Healthy Communities that Care programming. Catholic Charities of Livingston County 1/1/11-12/31/11 $40,000.00 34 East State Street FEBRUARY 9, 2011 47

Mt. Morris, New York 14510 For: Providing Youth Mentoring services for children with Mental or Emotional Illness, Community of Care (case management for pregnant and parenting teens), Hispanic Outreach (interpreter service). Compeer 1/1/11-12/31/11 $45,085.00 400 Andrews Street, Ste 340 Rochester, New York 14604 For: Providing one to one contact between community volunteers and people with chronic mental illness. DePaul 1/1/11-12/31/11 $9,951.00 1931 Buffalo Road Rochester, New York 14624 For: Supported Integrated Employment program as they are now compliant with the NYISERS. Hillside Children’s Center 1/1/11-12/31/11 $147,271.00 24 Main Street Mt. Morris, New York 14510 For: Family Support Program for families with children with Serious Emotional Disturbance. Self Help Support with a Respite component. Livingston County is the lead county for the GLOW Region. Lakeview Mental Health Services 1/1/11-12/31/11 $24,706.00 600 West Washington Street Geneva, New York 14456 For: Supported Housing Services to provide rental stipends for people with a serious and persistent mental illness who are waiting for Section 8 low income housing subsidy to begin. ARC of Livingston/Wyoming County 1/1/11-12/31/11 $7,500.00 18 Main Street Mt. Morris, New York 14510 For: Vocational Services Sheltered Workshop Services for Mentally Ill, Integrated Supported Employment for Mentally Ill. Mental Health Association 1/1/11-12/31/11 $37,152.00 320 North Goodman Street Rochester, New York 14607 For: Program aimed at disseminating information to the public in the form of presentations, written literature, and general questions from the public re: mental illnesses and treatment, rehabilitation and prevention services available in the community. PEACE Family Support Group, Inc. 1/1/11-12/31/11 $20,825.00 10 Seminole Avenue Geneseo, New York 14454 For: Providing family support programming for families of Seriously and Persistently Mentally Ill children. This is a weekly support group with respite for families. Dr. Shahida Rehmani 1/1/11-12/31/11 $159.00 per hour 43 Park View Drive Pittsford, New York 14534 For: Providing psychiatric services at Livingston County Mental Health Services Sign Language Connection, Inc. 1/1/11-12/31/11 $53.00 per hour 3136 Winton Road So, Ste 304 Rochester, New York 14623 For: Translation services for the hearing impaired. Vision Infonet Inc. 1/1/11-12/31/11 $.09 per 65 character line 1717 Park Street, Suite #110 Naperville, IL 60563 For: Transcription of clinician and psychiatrist dictations. Western NY Med-Psych, PLLC 1/1/11-12/31/11 $159.00 per hour Dr. Isaac Koilpillai 650 Quaker Meeting House Road 48 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Honeoye Falls, New York 14472 For: Providing psychiatric services at Livingston County Mental Health Services Dated at Geneseo, New York February 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-040 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: CLARK PATTERSON LEE, UPSTATE HOME CARE, PRALID, UNLIMITED CARE INC., NYS DEPARTMENT OF HEALTH, GENESEE VALLEY HEALTH PARTNERSHIP Mr. Schuster 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Clark Patterson Lee 1/1/11-12/31/12 $50.00/hr 205 St. Paul Street, Suite 500 Rochester, NY 14604 For: Consultant and Professional Engineering Services Upstate Home Care 1/1/11-12/31/12 Per Rate Sheet 7506 State Route 5 Clinton, NY 13323-7991 For: Medical Equipment and Supplies Pralid 1/1/11-12/31/11 $19.00/hr 2 Townline Circle Rochester, NY 14623 For: Home Health Aide Services for patients of CHHA and Hospice Unlimited Care, Inc. 1/1/11-12/31/12 $20.36/hr 222 Bloomingdale Rd., Suite 402 White Plains, NY 10605 For: Home Health Aide Services for patients of CHHA and Hospice NYS Department of Health 1/1/11-12/31/15 $423,504.00 Div. Family Health, Fiscal Unit Room 878, Corning Tower Bldg Empire State Plaza Albany, NY 12237-0657 For: Comprehensive Family Planning and Reproductive Health Services Genesee Valley Health Partnership 1/1/11-12/31/11 $20,000.00 PO Box 545 Dansville, NY 14437 For: Improved Health Status Dated at Geneseo, New York February 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-041 AMENDING ENVIRONMENTAL HEALTH SERVICES FEES Mr. Schuster presented the following resolution and moved its adoption: FEBRUARY 9, 2011 49

WHEREAS the fees for Environmental Health Services were established in 1987 and last increased in 2008, now, therefore, be it RESOLVED that the fees for Environmental Health Services be modified as follows, and be it further RESOLVED that the revised fee structure be effective March 1, 2011.

FACILITY FEE PRIOR TO 2008 CURRENT FEE PROPOSED FEE INCREASE Realty Subdivision $47.00 $175.00 $180.00 Individual Wastewater Septic Tank Replacement $47.00 $ 60.00 $ 65.00 Engineering Systems $68.00 $100.00 $105.00 System Repair $68.00 $ 75.00 $ 80.00 Food Service Establishment Less than 20 Seats $ 54.00 $ 65.00 $ 70.00 20-75 Seats $101.00 $150.00 $155.00 Over 75 Seats $135.00 $200.00 $205.00 Child Camps Full $236.00 $275.00 $280.00 Part 7-2 $135.00 $175.00 $180.00 Temporary Residences $135.00 $175.00 $180.00 Mobile Home Parks 25 or Fewer Homes $ 68.00 $ 85.00 $ 90.00 26-50 Homes $101.00 $150.00 $155.00 More than 50 Homes $135.00 $200.00 $205.00 Water Supply Non-Community $101.00 $150.00 $155.00 Community over 500 pop. $236.00 $300.00 $305.00 Community less than 500 pop. $135.00 $200.00 $205.00 Swimming Pools $ 68.00 $ 90.00 $ 95.00 Public Beaches $ 68.00 $ 90.00 $ 95.00 Temporary Food One Event $ 27.00 $ 50.00 $ 55.00 Annual Event $ 54.00 $100.00 $105.00 Dated at Geneseo, New York February 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-042 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: VARIOUS LIVINGSTON COUNTY FOSTER PARENTS Mr. Schuster 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Various Livingston County Foster Parents 1/1/11-12/31/11 Various Rates For: Boarding Home Agreement for the provision of regular foster care services and emergency placement. Dated at Geneseo, New York February 9, 2011 Human Services Committee 50 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-043 AUTHORIZING THE COMMISSIONER OF SOCIAL SERVICES TO SIGN THE FOLLOWING CONTRACT: LIVINGSTON COUNTY ATTORNEY’S OFFICE Mr. Schuster presented the following resolution and moved its adoption: RESOLVED, that the Commissioner of Social Services is hereby authorized to sign the following contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Attorney’s Office 1/1/11-12/31/15 Not to exceed $130,000.00 6 Court St. Geneseo NY 14454 For: Attorney services for Child Support, Child Protective, Adult Protective, and other duties as determined appropriate for DSS Dated at Geneseo, New York February 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-044 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACTS FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: DAY AUTOMATION Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Day Automation 1/1/11-12/31/11 $2,550.00 7931 Rae Boulevard Victor, NY 14564 For: Service contract for security system at Millennium Drive Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-045 STANDARDIZING DOCUMENT IMAGING SOFTWARE FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS – NTS DATA SERVICES, LLC Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the integrated document imaging software at the Livingston County Board of Elections is designed and manufactured by NTS Data Services, LLC, and WHEREAS, the County of Livingston desires to standardize the integrated document imaging software at the Livingston County Board of Elections with products manufactured by NTS Data Services, LLC to allow for economy, uniformity, and necessary networking of the entire document imaging system; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors for reasons of economy, efficiency, and to allow necessary networking of the Livingston County Board of Elections document imaging system, has determined that there is a need to make NTS Data Services, LLC brand software standardized for all integrated document imaging software at the Livingston County Board of Elections, said purchases to be otherwise in compliance with the provisions of the General Municipal Law. Dated at Geneseo, New York February 9, 2011 Public Services Committee FEBRUARY 9, 2011 51

The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-046 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: NTS DATA SERVICES, LLC Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors has passed a resolution standardizing the integrated document imaging software at the Livingston County Board of Elections with products manufactured by NTS Data Services, LLC; and WHEREAS, NTS Data Services, LLC software is only available from NTS Data Services, LLC and therefore the purposes of competitive bidding would not be furthered by soliciting bids; now, therefore be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: NTS Data Services, LLC 1/1/11-12/31/15 $62,880.00 1342 Military Road Niagara Falls NY 14304 For: Full document imaging purchase and installation agreement. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-047 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR VARIOUS COUNTY AGENCIES: INTEGRYS ENERGY SERVICES OF NEW YORK Mr. Deming 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Integrys Energy Services of New York 1/1/11-12/31/11 Rates Set in Contract 3556 Lake Shore Road, Suite 420 Buffalo, NY 14219 For: The Purchase of Electric Energy from Integrys Energy Services of New York. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-048 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DISTRICT ATTORNEY’S OFFICE: NYS DIVISION OF CRIMINAL JUSTICE SERVICES Mr. Deming 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 contract(s) for the Livingston County District Attorney’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division of Criminal Justice Services 11/1/10-10/31/11 $43,499.00 4 Tower Place Albany, NY 12203 For: Violence Against Women Grant 52 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-049 AUTHORIZING THE PURCHASE OF A VEHICLE FOR THE LIVINGSTON COUNTY DISTRICT ATTORNEY’S OFFICE Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County District Attorney is authorized to purchase through New York State OGS Contract PC64892 from Hoselton Chevrolet, Inc. of 909 Fairport Road, East Rochester, NY 14445 one (1) new 2011 Chevrolet Impala, at a total cost not to exceed Sixteen Thousand Nine Hundred Seventy-One Dollars and 56/100 ($16,971.56). Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-050 APPROVING THE OFFICIAL UNDERTAKING OF PUBLIC EMPLOYEES FIDELITY (BLANKET) BOND FOR GENESEE/FINGER LAKES REGIONAL PLANNING COUNCIL Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the County of Livingston has appropriated the sum of $9,970.00 as its share of the Year 2011 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 David S. Zorn, 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 $500,000.00; 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 February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-051 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: ONEIDA COUNTY CENTRAL NY PSYCHIATRIC CENTER AND COUNTY OF MONROE ROCHESTER PSYCHIATRIC CENTER Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Oneida County, Central NY Psychiatric Center 1/1/11-12/31/13 $165.00 per day per inmate 9005 Old River Road Marcy, New York 13403 For: Inmate Psychiatric Services FEBRUARY 9, 2011 53

County of Monroe, Rochester Psychiatric Center 1/1/11–12/31/15 $140.00 per day per inmate County Office Building 39 West Main Street Rochester, NY 14614 For: Livingston County Inmates at Rochester Psychiatric Center Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-052 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – BILLITIER ELECTRIC, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Billitier Electric, Inc. FF&E Installations +$412.73 $2,063,583.69 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-053 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – MANNING SQUIRES HENNIG CO., INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Manning Squires Hennig Additional ladders rec yard chases +$1,933.67 $6,483,783.06 Co., Inc. Dedication Plaque +$1,573.10 Roof Hatch Lock Mechanism +$304.50 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-054 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – SOUTHERN FOLGER DETENTION EQUIPMENT COMPANY LLC Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract 54 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Southern Folger Food pass keys +$79.58 $4,014,333.42 Detention Equipment Company LLC and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-055 ACCEPTING THE PETITION FOR EXTENDING CONESUS LAKE COUNTY SEWER DISTRICT EXTENSION #9 Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors is in receipt of a petition from the Town of Conesus to extend the sewer district to incorporate a parcel that is served by the district but was not included in the original district, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors accepts the petition and directs that maps plans and reports be developed for extending Conesus Lake County Sewer District Extension #9. Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

RESOLUTION NO. 2011-056 AUTHORIZING CLARK PATERSON LEE (CPL) TO DEVELOP MAPS, PLANS AND REPORTS FOR THE PROPOSED CONESUS LAKE COUNTY SEWER DISTRICT EXTENSION #9 Mr. Deming presented the following resolution and moved its adoption: ESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a letter agreement for the Livingston County Department of Public Works, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Clark Patterson Lee N/A $500.00 205 St. Paul Street, Suite 500 Rochester, NY 14604 For: Development of maps plans and reports Dated at Geneseo, New York February 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,627; Noes - 0; Absent – Yendell, 125; Total – 125; Adopted.

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE- IAN M. COYLE The County Administrator reported he and several other County officials attended the recent NYSAC Legislative Conference, and he provided the following update on the Property Tax Cap, 2011-2012 State Budget, and our Home Rule for Mortgage and Transfer Tax:

Property Tax Cap – The Property Tax Cap looks like it will happen. The Senate has already passed the bill and the Assembly is considering it. There are issues/concerns with the override language whether a County legislature can override the legislation with a 2/3 vote or if it needs public referendum. County Attorney David Morris explained the Real Property Tax Directors believe the County legislature can override with a 2/3 vote and the County Attorneys Association believe it requires a public referendum. FEBRUARY 9, 2011 55

2011-2012 State Budget – The net County impact is $42 billion dollars statewide to counties, however, usually the impact is triple the amount estimated. The Medicaid cut, and remember we are both a payor and provider, is expected to reach $5 billion dollars and currently there isn’t detailed back up to show how it will be affected. There are several “small” dollar ticket items in the Governor’s proposed budget i.e. omission of funding for Sheriff’s Boat Patrol on Conesus Lake and for the Medical Examiner. The County Administrator stated he is still reviewing the budget to determine the level of impact and indicated this is going to be a real challenging year.

Home Rule for Mortgage and Transfer Tax – It appears this is a dead issue because we have received word the State Legislature is not going to act on any home rule requests. However, County Administrator Coyle spoke with another County Administrator with a Republican Senator and this issue remains active. Chairman Merrick indicated that Senator Patrick Gallivan is going to talk with Senator Catharine Young and quiz the Senate to see if there was support to address the issue.

Chairman Merrick asked Public Health Director Joan Ellison why she put M&Ms on each Supervisor’s desks, and J. Ellison replied that the buzz words at the NYSAC Legislative Conference was Medicaid and Mandate Relief (M&M).

2. DISCUSSION OF FEBRUARY 8, 2011 JAIL MEETING REGARDING SECURITY CAMERAS ISSUES Chairman Merrick indicated that ITS Director Dale Nieswiadomy provided a copy of his notes from this meeting to all Supervisors (on file). Chairman Merrick indicated that he, Vice Chairman Gary Moore, Chairman and Vice Chairman of Public Services Gerald Deming and David LeFeber respectively, and ITS Director Dale Nieswiadomy were in attendance on the County’s behalf. He indicated that Secretary to the Clerk Ashley Scutt would be providing official minutes by the first of next week. He gave those in attendance of the meeting an opportunity to comment. Chairman of Public Services Committee Deming indicated that Kimball Associates, Southern Folder Detention Equipment, Vicon and The Pike Company were in attendance as well. He stated that D. Nieswiadomy and Sgt. Lubanski had a list of concerns that were addressed in the meeting, and he indicated that he believes everyone is now on board and that it was a productive meeting. Mr. Deming asked D. Nieswiadomy if he would like to comment. D. Nieswiadomy stated the meeting was okay and the main concern is the clarity of the cameras. A new camera has been purchased and should be installed today. During the meeting, they did review outstanding punch list items, which are subject to further conversation. Vice Chairman of the Board Moore commented that he has seen a great improvement on the clarity of the screens, however, C Block still needs some adjustments. D. Nieswiadomy indicated there has been improvements but the clarity could be better and efforts are being made to improve this. Vice Chairman of Public Services Committee LeFeber commented that this has been a real learning experience. He indicated he is impressed about the amount of equipment there is in the new jail and that it may take 6 months to get the bugs worked out. He stated he believed the meeting went well and everyone seems to have the same goals. Chairman Merrick concurred that the meeting was very productive but long overdue and happy that all the players were in attendance. He stated that now we just have to make sure the players do what they are recommending. He indicated he asked for a written report from each contractor outlining the recommendations and an explanation of what they have done to better service the problem areas.

3. OPTION TO PURCHASE FINE SALT FROM AMERICAN ROCK SALT Chairman Merrick announced that he received a telephone call from Joseph Bucci of American Rock Salt and there is approximately 4,000-5,000 ton of fine salt at the Retsof plant available to towns at $25.00 per ton.

4. REMARKS FROM SENATOR PATRICK GALLIVAN Chairman Merrick welcomed Senator Patrick Gallivan and invited him to approach the podium to say a few remarks. Senator Gallivan thanked the Chairman for the opportunity to speak. He stated he was thrilled to be in this role and explained he replaced Senator Dale M. Volker and he serves the northern part of Livingston County as well as 56 REPORT OF THE SUPERVISORS’ PROCEEDINGS

parts of Ontario, Wyoming and Erie counties. The Senator stated he and his staff are excited to have an office in the Livingston County Government Center and thanked the Board and the County Administrator for providing the space to him and Assemblyman Daniel J. Burling. He announced that he and Assemblyman Burling are planning a ribbon cutting for sometime in the near future. He stated his office plans to have set hours for the Government Center and a full-time person has been assigned to the District. The Senator commented the State faces many fiscal challenges and when the State begins to discuss the property tax cap and cuts to municipalities, he will be conscious of the mandates the State has put on counties. He added he looks forward to working with everybody and introduced his Chief of Staff AJ Baynes, Full-Time District Representative Annie Chwiecko and his father Dick Gallivan who he noted was working in a volunteer capacity. He again thanked the Chairman for the opportunity to speak.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Wadsworth to adjourn until Wednesday, February 23, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:04 p.m.

FEBRUARY 23, 2011 57

REGULAR BOARD MEETING WEDNESDAY, FEBRUARY 23, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE The County Administrator introduced Richard E. Jones: Mr. Jones graduated from Dansville High School in June of 1944. He was immediately drafted and sent to Camp Wheeler, GA, for basic and advanced Infantry Training. He was shipped to the European Theater of Operations on January 1, 1945 and arrived in England on January 7, 1945. Mr. Jones participated in military action in Central Europe and the Rhineland, which included Belgium, Holland France and Germany. Once the war was over in Europe, he was a member of the Army of Occupation. He returned to the United States on September 10, 1945 and was Honorably Discharged on July 2, 1946 at Ft. Dix, NJ. For his service to his country, Mr. Jones was issued the American Campaign Medal, the European-African- Middle Eastern Medal, the World War II Victory Medal, the Army of Occupation Medal, the Combat Infantry Badge and the Good Conduct Medal. He will soon receive the Bronze Star and the New York State Conspicuous Service Cross through the Livingston County Veterans Service Agency. Mr. Jones immediately went to work for F.A. Owens Publishing Company in Dansville, NY for over forty years, until it closed. For the next twenty years, he worked as a handyman in the area and finally retired at seventy-five. He presently builds Windsor chairs as a hobby, just to keep him busy. Mr. Jones has lived in Dansville all his life. He married the love of his life, Mary Louise, on July 2, 1949. They had a son, William and a daughter, Carol. Mr. Jones lost his wife in October 2009 after sixty years of marriage.

RICHARD E. JONES, a WWII Veteran led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Richard E. Jones. The audience presented a standing ovation.

Richard E. Jones commented he went over on the Queen Mary and came back on the Queen Mary!

APPROVAL OF MINUTES 1. Minutes of 2/9/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. LOCAL LAW NO. A – 2011 – PROVIDING EXEMPTION UNDER SECTION 485-a OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF LIMA Chairman Merrick declared the Public Hearing open and asked the County Attorney David Morris to comment on the local law. County Attorney David Morris commented that this local law provides a partial tax exemption for property converted from non-residential use to mixed use property. This particular local law only applies to the Village of Lima. He explained the exemption is limited to the increase in assessed valuation attributable to the conversion of non- residential property to mixed-use property. It provides a sliding scale exemption over a twelve-year period. He indicated this local law is similar to the local law adopted for the Town of Mt. Morris. The Town and Village of Lima have already adopted the local law. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. Lima Supervisor Yendell commented the Village of Lima received a Downtown Revitalization Grant in the amount of $315,000 in order to improve and make storefronts more attractive. He explained this local law ensures that those property owners will not get taxed on the renovations. The Chairman announced that the public hearing would remain open until the end of the meeting.

58 REPORT OF THE SUPERVISORS’ PROCEEDINGS

COMMUNICATIONS 1. Reminder that Senator Gallivan and Assemblyman Burling are conducting a ribbon cutting today immediately following the Board meeting to celebrate the opening of their office space in the Government Center. After the ribbon cutting, the Board will reconvene for the mandatory OMIG Training. 2. Letter of resignation from Deputy Director of Long-Term Care Mark S. Wheeler effective March 4, 2011. 3. Notice of Claim in the matter of Joseph Garcia, Deceased and Lori Duffy as Administrator of the Estate of Joseph Garcia versus Livingston County, Livingston County Emergency Medical Services, West Sparta Independent Volunteer Fire Department Company Number 1, Inc., Town of West Sparta, New York, Nunda Fire Company, Inc., d/b/a Nunda Volunteer Ambulance Service and Town of Nunda, New York. 4. Thank you letter from the American Diabetes Association for the donation in memory of Robert L. Barger, father of Commissioner of Social Services Sandra Wright. 5. Notification from the New York State Office of Parks, Recreation and Historic Preservation that Caledonia Fish Hatchery will be nominated to the National and State Registers of Historic Places. 6. Copy of a letter from Senator Catharine Young to North Dansville Supervisor Dennis Mahus regarding the consolidation and/or city incorporation of the Town of North Dansville and the Village of Dansville. 7. Letter of resignation from Commissioner of Social Services Sandra K. Wright acknowledging her retirement effective May 31, 2011. 8. Reminder that the Mandatory Annual Training for the Livingston County Regulatory Compliance Plan will be held today immediately following the Senator Gallivan’s and Assemblyman Daniel Burling’s ribbon cutting ceremony.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-057 APPROVING ABSTRACT OF CLAIMS #2B – FEBRUARY 23, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #2B dated February 23, 2011 in the total amount of $1,238,233.27. Dated at Geneseo, New York February 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

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

COMMITTEE OF THE WHOLE Mr. Martello moved and Mr. Wadsworth seconded to present the following resolution. Carried. RESOLUTION NO. 2011-058 COMMEMORATING THE 190TH ANNIVERSARY OF LIVINGSTON COUNTY WHEREAS, the County of Livingston was formed from parts of Ontario and Genesee Counties on February 23, 1821, by Act of the Legislature of the State of New York and originally contained twelve townships: Avon, Caledonia, Conesus, Geneseo, Groveland, Leicester, Lima, Livonia, Mount Morris, Sparta, Springwater, and York; and WHEREAS, the County of Livingston was expanded in 1822 when the town of North Dansville was annexed to Sparta from Steuben County, and in 1846, the town of Sparta was divided into three townships: Sparta, West Sparta, and North Dansville. The same year the towns of Nunda and Portage were added from Allegany County. Finally in 1857, the town of Ossian was added from Allegany County; and WHEREAS, the County of Livingston was named in honor of Chancellor Robert R. Livingston, eminent jurist, statesman, and agriculturalist and was originally formed following the recommendation by a legislative committee which stated that “the convenience and interest of the inhabitants of those portions of the counties of Ontario and Genesee will be much advanced by the erection of a new county”; and WHEREAS, the County of Livingston has maintained its agricultural roots, scenic beauty beyond compare, a reputation for historic preservation and excellence in education, a prosperous and thriving economic base, and an overall high quality of life for its citizens; now, therefore, be it FEBRUARY 23, 2011 59

RESOLVED, that the 23rd day of February 2011 be a day set aside to commemorate the 190th anniversary of the formation of the County of Livingston of the State of New York. Dated at Geneseo, New York February 23, 2011 Committee of the Whole The roll was called as follows: Ayes - 1,728; Noes - 0; Absent –Davis, 24; Total – 24; Adopted.

PREFERRED AGENDA RESOLUTION NO. 2011-059 OPPOSING STATE TAKEOVER OF WESTERN REGIONAL OFF- TRACK BETTING CORPORATION WHEREAS, in September 1973, eleven western New York counties established the Western Regional Off- Track Betting Corporation (hereinafter “Western”), they being Cattaraugus, Chautauqua, Erie (and the City of Buffalo), Genesee, Livingston, Monroe (and the City of Rochester), Niagara, Orleans, Seneca, Steuben, and Wayne, as enabled by state law; and WHEREAS, these municipal “stockholders” chose to exercise that local option to form such a corporation that dictated local control by those municipalities over such gaming activities in their respective communities; and WHEREAS, the start-up costs of this enterprise were funded solely by these initiating counties from their own treasuries of taxpayer money and represented no state money nor allowed for any state confiscation of this purely local venture; and WHEREAS, since those eleven counties voted to form Western, an additional four western New York counties have joined them in the local control of such gaming activities that has since 1973 generated over $200 Million in operating and surcharge revenues to the taxpayers of those participating municipalities; and WHEREAS, now, the incoming governor and both houses of the state legislature are publicly proposing a taking of Western’s business and its assets by a consolidation of all the regional off-track betting corporations in this state by some state-sponsored private or quasi-governmental entity that threatens a loss of local revenue, independence and local oversight of gaming in our communities; and WHEREAS, the participating municipalities of Western as its shareholders have a pro-rata financial interest in the $39 Million of net equity re-invested in its 30-plus corporately-owned branch facilities and the track and casino at Batavia Downs; and WHEREAS, the reality of such state-sponsored consolidation and takeover of OTB’s would rob Western’s communities of not only local control but their substantial re-investment of profits to acquire and maintain such money- making assets; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors opposes such threatened consolidation of Western’s business by New York State; and, it is further RESOLVED, that certified copies of this resolution be forwarded to Senators Catharine M. Young and Patrick M. Gallivan and Assemblymen Daniel J. Burling and Sean T. Hanna, the Western Regional Off-Track Betting Corporation, the New York State Association of Counties, and Inter-County of Western New York Association. Dated at Geneseo, New York February 23, 2011 Public Services Committee

RESOLUTION NO. 2011-060 REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY PLANNING BOARD – BARRY INGALSBE, TIM BRINDUSE, BRUCE DEHM RESOLVED, that the following members are hereby reappointed to the Livingston County Planning Board for the term designated Name Address Title/Representing Term Livingston County Planning Board Barry Ingalsbe 2036 Michigan Avenue, Lima, NY Village of Lima 1/01/11 - 12/31/2013 Tim Brinduse 67 Main Street, Dansville, NY Village of Dansville 1/01/11 - 12/31/2013 Bruce Dehm Box 103, Geneseo, NY Alternate at Large #2 1/01/11 - 12/31/2011 Dated at Geneseo, New York February 23, 2011 60 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Public Services Committee

RESOLUTION NO. 2011-061 REAPPOINTING MEMBER TO THE LIVINGSTON COUNTY WATER AND SEWER AUTHORITY – MICHAEL HINDS, P.E. RESOLVED, that the following member is hereby reappointed to the Livingston County Water and Sewer Authority for the term designated: Name Address Rep./Title Term Livingston County Water and Sewer Authority Michael Hinds, P.E 216 Commerce Drive, Avon, New York 14414 Member 1/1/11-12/31/13 Dated at Geneseo, New York February 23, 2011 Public Services Committee

RESOLUTION NO. 2011-062 REAPPOINTING MEMBER TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – CHRISTOPHER PERO RESOLVED, that the following member is hereby reappointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board Christopher Pero 5318 Ossian Hill Rd, Dansville, NY 14437 Ossian Member 1/1/11-12/31/13 Dated at Geneseo, New York February 23, 2011 Public Services Committee

RESOLUTION NO. 2011-063 REAPPOINTING MEMBER TO THE FISH AND WILDLIFE MANAGEMENT BOARD - ROBERT ESTES RESOLVED, that the following member is hereby reappointed to the Fish and Wildlife Management Board for the term designated: Name Address Rep./Title Term Fish and Wildlife Management Board Robert Estes 90 Maxwell Station Rd., Caledonia, NY 14423 Landowner Rep. 1/1/11-12/31/12 Dated at Geneseo, New York February 23, 2011 Public Services Committee

RESOLUTION NO. 2011-064 HONORING STUART STEINER, Ed.D. FOR HIS 45 YEARS OF DISTINGUISHED SERVICE TO GENESEE COMMUNITY COLLEGE WHEREAS, Dr. Stuart Steiner has served Genesee Community College, Genesee County, and the Genesee- Livingston-Orleans-Wyoming region with dedication and distinction for 45 years; and. WHEREAS, Dr. Steiner is believed to be the second longest serving community college president in the United States; and WHEREAS, Dr. Steiner is recognized nationally and internationally for his knowledge and expertise in higher education, and has been called upon for advice, assistance, and numerous conference presentations by leading organizations such as the American Association of Community Colleges, Association of Community College Trustees, State University of New York and Middle States Commission on Higher Education; and WHEREAS, Dr. Steiner has served the local community with equal vigor and passion, and has served with distinction on numerous local charitable and economic development boards and committees; and WHEREAS, Dr. Steiner’s service, accomplishments, and dedication have been recognized with acclaim through the University of Texas’s Community College Leadership Award, Kellogg Foundation Transformational Leadership Award, SUNY Faculty Council Distinguished Service Award, and Association of Community College Trustees Northeast Region Chief Executive Award; and FEBRUARY 23, 2011 61

WHEREAS, through Dr. Steiner’s vision and leadership, Genesee Community College has earned a reputation for excellence and innovation throughout the United States and abroad; and WHEREAS, Dr. Steiner’s commitment to the needs and potential of students has been evident on a daily basis for the last 45 years, and he has profoundly influenced the lives of two generations of Genesee Community College students; and WHEREAS, Dr. Steiner was instrumental in opening Genesee Community College campus centers in Dansville, Livonia and Lima; it is hereby RESOLVED, that the Livingston County Board of Supervisors hereby honors Dr. Stuart Steiner for his 45 years of distinguished service to Genesee Community College and wishes him a happy and healthy retirement. Dated at Geneseo, New York February 23, 2011 Ways and Means 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. Pangrazio and seconded by Mr. Deming to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-065 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY ON BEHALF OF GLOW WIB: WYOMING COUNTY COMMUNITY ACTION, INC, COMMUNITY ACTION OF ORLEANS AND GENESEE, INC. Mr. Yendell 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 contract(s) for the Livingston County on behalf of GLOW WIB, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Wyoming County Community Action, Inc. 3/1/11-2/28/12 $55,136.00 6470 Rt. 20A Perry, NY 14530 Community Action of Orleans and Genesee, Inc. 3/1/11-2/28/12 $69,565.00 409 East State Street Albion, NY 14411 For: GLOW WIB Disability Employment Initiative, specifically for the hiring of a Disability Resource Coordinators by each contract agency. Dated at Geneseo, New York February 23, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-066 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: NEW YORK STATE BOARD OF ELECTIONS Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Board of Elections 4/1/11-3/31/12 $36,462.00 40 Steuben Street 62 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Albany, NY 12207-2108 For: Voter Education/Poll Worker Training Grant – contract extension New York State Board of Elections 4/1/11-3/31/12 $18,231.00 40 Steuben Street Albany, NY 12207-2108 For: NYS Voting Access for Individuals with Disabilities Polling Place Access Improvement Grant – contract extension Dated at Geneseo, New York February 23, 2011 Public Services Committee Mr. Deming announced that this resolution was not presented at a Public Services Committee meeting; however, the Committee has signed the resolution. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-067 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York February 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-068 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health Budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4088 4688 Other Federal Health $2,785.00 TOTAL $2,785.00 Increase Appropriation A4088 1951 Overtime $1,294.00 A4080 2200 DP equipment $626.00 A4080 4020 Training $111.00 A4080 4060 Office supplies $154.00 A4080 4080 Professional srv $500.00 A4080 8100 FICA $100.00 TOTAL $2,785.00 And, Account Dept. Code Description Amount Increase Revenue A4095 4688 ARRA Federal Stimulus $3,036.00 TOTAL $3,036.00 Increase Appropriation A4095 1000 Personal services $600.00 A4095 4020 Training $100.00 A4095 4060 Office supplies $200.00 A4095 4440 Med supplies $2,086.00 A4095 8100 FICA $50.00 TOTAL $3,036.00 And, Account Dept. Code Description Amount Increase Revenue A4099 2280 Health Services $23,265.00 FEBRUARY 23, 2011 63

TOTAL $23,265.00 Increase Appropriation A4099 1951 Overtime $633.00 A4099 2050 Office equip $1,000.00 A4099 4020 Training $12,093.00 A4099 4025 Conference $230.00 A4099 4080 Prof Srvcs $3,356.00 A4099 4200 Print/ads $5,900.00 A4099 8300 Hlth insurance $53.00 TOTAL $23,265.00 Dated at Geneseo, New York February 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-069 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DISTRICT ATTORNEY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 District Attorney Budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A1165 2626 Forfeiture of Crime $16,971.56 Increase Appropriation A1165 4410 Payment to other gov’ts $16,971.56 Dated at Geneseo, New York February 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-070 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department Budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2770 Other unclassified $345,000.00 TOTAL $345,000.00 Increase Appropriation DM5130 4124 Gasoline $210,000.00 DM5130 4125 Diesel $135,000.00 TOTAL $345,000.00 Dated at Geneseo, New York February 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-071 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: COUNTY CLERK’S OFFICE, INFORMATION AND TECHNOLOGY SERVICES DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: County Clerk’s Office Create one full-time Senior Motor Vehicle Clerk position. Delete one full-time Motor Vehicle Clerk position. Information and Technology Services Department Delete one full-time Computer Training Coordinator/Operator position. Dated at Geneseo, New York 64 REPORT OF THE SUPERVISORS’ PROCEEDINGS

February 23, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

RESOLUTION NO. 2011-072 CORRECTING TAX ROLL – TOWN OF YORK Mr. Pangrazio 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 parcels) applications for correction of the tax rolls, pursuant to the Real Property Tax Law, as prepared for the Town of York on the tax rolls for the years hereinafter set forth, and WHEREAS, said parcel was incorrectly assessed and/or taxed for reasons set forth in the applications 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 rolls so that the roll can be corrected; and a notice of approval to the applicants, 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. Chargebacks to Original Corrected Refund to Taxing Year, Town & Parcel Taxing Jurisdiction Tax Bill Tax Bill Owner Jurisdictions 1. 2011 York Livingston County $322.80 $322.80 $0.00 $ 0.00 Arrigenna, York Town Tax 167.72 167.72 0.00 0.00 Peter J. & Pamela J. York Fire 1 62.01 62.01 0.00 0.00 Tax Map Number York Light 1 9.32 9.32 0.00 0.00 31.-1-53.112 Consolidated Wtr Vac 161.00 0.00 0.00 161.00 Total $722.85 $561.85 $0.00 $161.00 2. 2010 York Livingston County $310.21 $310.21 $ 0.00 $ 0.00 Arrigenna, York Town Tax 169.65 169.65 0.00 0.00 Peter J. & Pamela J. York Fire 1 60.39 60.39 0.00 0.00 Tax Map Number York Light 1 9.41 9.41 0.00 0.00 31.-1-53.112 Consolidated Wtr Vac 161.00 0.00 161.00 161.00 Total $710.66 $549.66 $161.00 $161.00 3. 2009 York Livingston County $267.06 $267.06 $ 0.00 $ 0.00 Arrigenna, York Town Tax 153.92 153.92 0.00 0.00 Peter J. & Pamela J. York Fire 1 66.07 66.07 0.00 0.00 Tax Map Number York Light 1 10.87 10.87 0.00 0.00 31.-1-53.112 Consolidated Wtr Vac 64.40 0.00 64.40 64.40 Total $562.32 $497.92 $64.40 $64.40 Dated at Geneseo, New York February 23, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

CLOSE PUBLIC HEARING Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearing closed. FEBRUARY 23, 2011 65

MOTION TO MOVE LOCAL LAW NO. A – 2011 Mr. Yendell moved and Mr. Gott seconded to move the proposed local law to the table for a vote. Carried.

VOTE ON LOCAL LAW LOCAL LAW NO. 2 – 2011 – PROVIDING EXEMPTION UNDER SECTION 485-a OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF LIMA Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. Purpose This Local Law is enacted pursuant to the provisions of section 485-a of the Real Property Tax Law of the State of New York to grant a partial exemption from taxation to certain real property located within the Village of Lima, which has been converted to a combination of commercial and residential use. Section 2. Definitions For purposes of this Local Law: A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this local law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Exemption Base” means the increase in the assessed value of real property attributable to the amount invested, exclusive of the cost of ordinary maintenance and repairs, to convert such real property to Mixed-use property, as hereinafter defined. E. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial use. F. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. G. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. H. “Village” means the Village of Lima located within Livingston County. Section 3. Exemption A. Non-residential real property located within the Village upon conversion to Mixed Use Property shall be exempt from taxation and special ad valorem levies as provided hereinafter. B. (i) For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion, shall be exempt as provided in subsection B(ii) of this section. Such exemption shall be computed with respect to the “exemption base”. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year’s assessed value. (ii) The following table shall illustrate the computation of the tax exemptions: Years of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base C. No such exemption shall be granted unless: (1) such conversion was commenced subsequent to the effective date of this local law; and (2) the cost of such conversion exceeds the sum of ten thousand dollars. D. For purposes of this local law, conversion shall not include ordinary maintenance and repairs. No such 66 REPORT OF THE SUPERVISORS’ PROCEEDINGS

exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements has such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this local law less the number of years the property would have been previously exempt from real property taxes. Section 4. Application Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the State Board of Real Property Tax Services. Such application shall be filed with the Town of Lima assessor on or before the appropriate taxable status date of the Village. Section 5. Approval of Exemption If the Town of Lima assessor is satisfied that the applicant is entitled to an exemption pursuant to this local law, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided herein commencing with the assessment roll prepared after the taxable status date referred to in Section 4 of this local law. The assessed value of any exemption granted pursuant to this local law shall be entered by the Town of Lima assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. Section 6. Effective Date This local law shall take effect upon its filing with the New York State Secretary of State. Dated at Geneseo, New York February 9, 2011 (Introduced) February 23, 2011 The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Total – 24; Adopted.

OTHER BUSINESS There was no other business to conduct.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Gott to adjourn until Wednesday, March 9, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:53 p.m.

OFFICE OF MEDICAID INSPECTOR GENERAL (OMIG) COMPLIANCE TRAINING NOTE: June Crawford of The Bonadio Group provided Corporate Compliance Training related to the new NYS Office of Medicaid Inspector General regulations effective 7/1/09 to the Livingston County Board of Supervisors immediately following this Board meeting.

The following Board members were present: David L. LeFeber (Avon); Daniel L. Pangrazio (Caledonia); Brenda B. Donohue (Conesus); William S. Wadsworth (Geneseo); James C. Merrick (Groveland); Gary D. Moore (Leicester); J. Peter Yendell (Lima); Eric R. Gott (Livonia); Charles J. DiPasquale (Mt. Morris); Dennis P. Mahus (N. Dansville); Thomas B. Baldwin (Nunda); Domenick J. Martello (Ossian); Mark J. Schuster (Sparta); Norbert W. Buckley (Springwater); Dominic I. Cosimano (W. Sparta); Gerald J. Deming (York). The following Board member was absent: Ivan C. Davis (Portage). The following staff persons were present: County Administrator Ian M. Coyle, Clerk of the Board Virginia O. Amico The following Compliance Committee Members were present: County Auditor/Compliance Officer Terrence P. Donegan, County Treasurer Carolyn Taylor, Diane Deane, Barbara Keefe, Barbara Goodness, Dale Nieswiadomy, and Tish Lynn.

June Crawford reviewed the power-point presentation on file. MARCH 9, 2011 67

REGULAR BOARD MEETING WEDNESDAY, MARCH 9, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Moore (Leicester), Mr. DiPasquale (Mt. Morris) and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE Livonia Supervisor Eric R. Gott led the Pledge of Allegiance.

Mr. Davis entered

APPROVAL OF MINUTES 1. Minutes of 2/23/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from the family of Dolores Keefe, mother-in-law of County Auditor Terrence Donegan for the donation to St. Francis Friends of the Poor. 2. Thank you note from St. Francis Friends of the Poor for the donation in memory of Dolores Keefe, mother-in- law of County Auditor Terrence Donegan. 3. Letter from Senator Catharine M. Young acknowledging Chairman Merrick’s request to do a Senate Proclamation for Dr. Stuart Steiner who has served Genesee Community College for 45 years. 4. The Livingston County Education Alliance Golf Tournament will be held on Monday, June 6, 2011 at Woodlynn Hills Golf Course, Nunda, NY. Foursome hole sponsorship of $500 includes lunch and dinner. Registration forms are available from the Clerk. If you are interested in playing in this golf tournament and if you have created a foursome team, please notify the Clerk. 5. InterCounty Association of Western New York meeting will be held Friday, March 18, 2011 at The Wildwood at Swain Ski Resort, Swain, NY. Registration at 9:30, $20 continental breakfast and lunch. If you plan on attending the meeting, please notify the Clerk today. PROGRAM: Scott Carts, Co-owner of Swain Ski Resort and John Foels, Allegany County Development Director. 6. The 13th Annual Taste of Livingston County will be held on April 5th from 5:30-7:30 PM at that Genesee River Conference Center. Tickets are $20.00; proceed will go to Compeer of Livingston County. Joan Ellison has tickets. 7. The 2011 Livingston County Directories are in your mailbox.

INTRODUCTION OF LOCAL LAWS 1. LOCAL LAW NO. B - 2011 IMPOSING A SURCHARGE FOR SYSTEMS COSTS OF THE E-911 SYSTEM Be it enacted by the Board of Supervisors of the County of Livingston, State of New York, as follows: Section 1. By Local Law No. 2 of the year 1992, the County of Livingston established an E911 system and authorized the imposition of a surcharge upon customers of every telephone corporation, which provides local exchange access service within the E911 service area. The New York State legislature has since amended sections 301 and 303 of the County Law to authorize the imposition of the surcharge on customers of every “service supplier” within the county. Service suppliers are defined as telephone corporations that provide local exchange access service within the county and providers of “voice over internet protocol” service or “VOIP service” within the county. Section 2. The Livingston County Board of Supervisors still recognizes the importance of the health, safety and welfare of the citizens of Livingston County and further recognizes that when the lives or property of citizens of the Livingston County are in imminent danger a timely and appropriate assistance must be rendered. The Livingston County Board of Supervisors still finds that the enhanced emergency telephone service known as E911 provides substantial benefits beyond the basic 911 system through the provision of selective routing and automatic number and location identification, and that these enhancements significantly reduce the response time of emergency services. 68 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Section 3. Pursuant to and subject to the provisions of Article 6 of the County Law of the State of New York, the Livingston County Board of Supervisors authorizes the imposition of a surcharge in the amount of .35 cents per access line per month on the customers of every service supplier within Livingston County. The surcharge shall be used to pay the costs associated with obtaining and maintaining the tele-communication equipment and telephone services needed to provide the E911 service within Livingston County. The surcharge is currently being imposed on telephone corporations pursuant to Local Law No. 2 of the year 1992 and providers of “voice over internet protocol” service or “VOIP service” shall begin adding such surcharge to the billings of its' customers on May 15, 2011. Dated at Geneseo, New York March 9, 2011 (Introduced) County Attorney David Morris explained this local law extends the 35-cents surcharge to every service supplied within Livingston County. Currently, the surcharge is currently being imposed on telephone corporations pursuant to Local Law No. 2 of the year 1992 and providers of “voice over internet protocol” service or “VOIP service” shall begin adding such surcharge to the billings of its' customers on May 15, 2011.

2. LOCAL LAW NO. C - 2011 COUNTY OF LIVINGSTON PROVIDING EXEMPTION UNDER SECTION 485-A OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF DANSVILLE Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. Purpose This Local Law is enacted pursuant to the provisions of section 485-a of the Real Property Tax Law of the State of New York to grant a partial exemption from taxation to certain real property located within the Village of Dansville, which has been converted to a combination of commercial and residential use. Section 2. Definitions For purposes of this Local Law: A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this local law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Exemption Base” means the increase in the assessed value of real property attributable to the amount invested, exclusive of the cost of ordinary maintenance and repairs, to convert such real property to Mixed-use property, as hereinafter defined. E. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial use. F. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. G. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. H. “Village” means the Village of Dansville located within Livingston County.

Section 3. Exemption A. Non-residential real property located within the Village upon conversion to Mixed Use Property shall be exempt from taxation and special ad valorem levies as provided hereinafter. B. (i) For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion, shall be exempt as provided in subsection B(ii) of this section. Such exemption shall be computed with respect to the “exemption base”. The exemption base shall be determined for each year in which there is an increase in assessed value so attributable MARCH 9, 2011 69

from that of the previous year’s assessed value. (ii) The following table shall illustrate the computation of the tax exemptions:

Years of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base

C. No such exemption shall be granted unless: (1) such conversion was commenced subsequent to the effective date of this local law; and (2) the cost of such conversion exceeds the sum of ten thousand dollars. D. For purposes of this local law, conversion shall not include ordinary maintenance and repairs. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements has such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this local law less the number of years the property would have been previously exempt from real property taxes. Section 4. Application Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the State Board of Real Property Tax Services. Such application shall be filed with the Town of North Dansville assessor on or before the appropriate taxable status date of the Village. Section 5. Approval of Exemption If the Town of North Dansville assessor is satisfied that the applicant is entitled to an exemption pursuant to this local law, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided herein commencing with the assessment roll prepared after the taxable status date referred to in Section 4 of this local law. The assessed value of any exemption granted pursuant to this local law shall be entered by the Town of North Dansville assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. Section 6. Effective Date This local law shall take effect upon its filing with the New York State Secretary of State. Dated at Geneseo, New York March 9, 2011 (Introduced) County Attorney David Morris stated this local law is identical to the local law that was adopted for the Town of Lima.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-073 APPROVING ABSTRACT OF CLAIMS #3A – MARCH 9, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #3A dated March 9, 2011 in the total amount of $990,462.60. Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

PRIVILEGE OF THE FLOOR 70 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1. TOM WAMP INTRODUCING MIKE KANE, PRESIDENT & CEO OF WESTERN REGIONAL OFF- TRACK BETTING CORPORATION Tom Wamp, Livingston County WROTBC representative and Former Ossian Supervisor commented that it was a pleasure to be in the Assembly Room today to introduce Mike Kane of Dansville and new President and CEO of WROTBC. T. Wamp indicated that Mike Kane has been on the Board of Directors since 2002, and the Board has made considerable changes since then. He added the retirement of Martin C. Basinait effective February 28, 2011, gave the Board the opportunity to appoint a new President and CEO, and he is certainly happy to have Mike Kane, a Livingston County resident and who has been involved with WROTC for 13 years appointed to this position. T. Wamp stated the appointment of Mike Kane was unanimous even though the board has been split on issues over the years. T. Wamp reported that Richard Bianchi is the new Chairman and has realigned the committee structure, and T. Wamp is the new Chairman for the Personnel Committee. T. Wamp distributed a “Summary Review of WROTBC Operations 2010” and encouraged the Supervisors to review the report (on file). He mentioned there are 35 OTB branches and 7 Easy-Bet locations throughout the 15 counties that are governed by a 17-member Board of Directors. He announced that if any community would like an Easy-Bet to contact him. WROTBC is currently considering Avon and Dansville locations. T. Wamp closed by saying the 2010 Net Revenue Earnings were approximately $2.8 million dollars, and they will continue to strive to work to have counties get as much revenue as possible. T. Wamp introduced Mike Kane and again stated he is happy to have him on Board as their President and CEO. Mike Kane stated as T. Wamp mentioned that Livingston County is part owner of the WROTBC and has a vested fiduciary interest, and the Board of Directors expects the profit to grow. He thanked the Board of Supervisors for adopting the resolution Res. No. 2011-059 Opposing State Takeover Of Western Regional Off-Track Betting Corporation. He added that the casinos are part of the lottery distribution of funds, which allows for a capital improvement fund to be developed and approximately $21 million of these funds will be used over the next three years to improve amenities and introduce electronic table games. He thanked the Board of Supervisors for the privilege to speak and thanked T. Wamp for bringing him before the Board. T. Wamp asked if there were any questions. Chairman Merrick thanked T. Wamp and M. Kane for the update and told them to keep up the good work. Lima Supervisor Yendell asked for a clarification on the Easy Bet locations. T. Wamp responded we would like to get a couple locations in Livingston County and if any town is interested to contact him. We have one branch in Livingston County and that is in Geneseo on Route 20A; however, the Easy Bet locations could be in bars or restaurants.

PREFERRED AGENDA RESOLUTION NO. 2011-074 PROCLAIMING THE WEEK OF APRIL 4-10, 2011 AS PUBLIC HEALTH WEEK 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 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 Department of Health has made great progress in eliminating vaccine preventable diseases, reducing exposure to lead, promoting the use of seat belts and bike helmets, reducing smoking, promoting healthier life styles, reducing obesity, and promoting quality care through its home care agency and hospice programs, clinics, and health promotion activities, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors does hereby proclaim April 4-10, 2011 as Public Health Week. Dated at Geneseo, New York March 9, 2011 Human Services Committee

MARCH 9, 2011 71

RESOLUTION NO. 2011-075 PROCLAIMING MARCH 2011 AS DEVELOPMENTAL DISABILITIES AWARENESS MONTH IN LIVINGSTON COUNTY, NY WHEREAS, developmental disabilities affect more than 7 million Americans and their families; and WHEREAS, public awareness and education can enhance a community’s understanding of the issues affecting people with developmental disabilities; and WHEREAS, people with developmental disabilities can be vital and vibrant members of our communities, improving the quality of life for all of us; and WHEREAS, the month of March has been designated Developmental Disabilities Awareness Month, with 100,000 members and 900 Chapters of The Arc undertaking public awareness, educational, and fundraising initiatives; and WHEREAS, The Arc of the United States is the nation’s leading volunteer-based organization advocating for and with people with developmental disabilities and their families; now therefore, be it RESOLVED, the Livingston County Board of Supervisors does hereby proclaim March 2011 as Developmental Disabilities Awareness Month in Livingston County, NY, and urges the citizens of Livingston County to give full support to efforts towards enabling people with developmental disabilities to live full and productive lives of inclusion in our communities. Dated at Geneseo, New York March 9, 2011 Human Services Committee

RESOLUTION NO. 2011-076 RECOGNIZING THE IMPORTANCE OF MARINE PATROLS IN COUNTY LAW ENFORCEMENT AND ENCOURAGING THE STATE TO CONSIDER THE EFFECT OF A LOSS OF STATE FUNDING WHEREAS, all waterways in counties throughout New York are State waters as indicated in State Navigation law; and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) designates the County Sheriff to be the point of contact for safety on waterways throughout New York by literature both on their website and in publications; and WHEREAS, other entities, such as the US Coast Guard and the New York State Police and Park Police help patrol major waterways, but leave the primary responsibility of patrols and safety to the County Sheriffs; and WHEREAS, through the enforcement of laws, especially the Navigation Law, marine patrols can remove the dangerous boater from the waterways and the Sheriff's Marine Patrols are also quite often the first responders to 911 calls of recreational users in boating mishaps, water and medical emergencies, vessel fires, accidents, and stranded boaters or fishermen in trouble; and WHEREAS, a portion of vessel registration fees was historically provided for distribution to localities that operate marine patrols, which was historically, as high as 75% and is currently at 50%; and WHEREAS, funding to reimburse county Sheriffs for marine patrols was cut in the Executive Budget proposal released February 1, 2011; and WHEREAS, counties provide the public with a very important public safety service by patrolling these waterways, ensuring the safety of both recreational and commercial boaters, as well as providing the majority of instructors for boaters safety operation education; now, therefore be it RESOLVED, Livingston County urges the Governor to restore funding for marine patrols to avoid the loss of these patrols; and, be it further RESOLVED, that Livingston County urges the State to consider the safety of residents and boaters and realize the detrimental impacts that removing this funding will have on public safety upon the public waterways; and be it further RESOLVED, that certified copies of this resolution be forwarded to, Governor Cuomo, Senators Catharine M. Young and Patrick M. Gallivan and Assemblymen Daniel J. Burling and Sean T. Hanna. Dated at Geneseo, New York March 9, 2011 Public Services Committee

72 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-077 APPOINTING ENVIRONMENTAL MANAGEMENT COUNCIL CHAIRPERSON – ERIC GRACE WHEREAS, the bylaws of the Livingston County Environmental Management Council (EMC) provide that the EMC Chairperson be appointed by the Board of Supervisors upon the recommendation of the EMC; and WHEREAS, on January 28, 2011, the EMC voted to recommend that the Board of Supervisors appoint Eric Grace as Chairperson of the Environmental Management Council; now, therefore, be it RESOLVED, that the following member is hereby appointed as Chairman of the Livingston County Environmental Management Council for the term designated: Name Address Title/Representing Term Eric Grace PO Box 73, 4029 Roots Tavern Road, Geneseo, NY 14454 Chairman 4/2/11 – 4/1/12 Dated at Geneseo, New York March 9, 2011 Public Services Committee

RESOLUTION NO. 2011-078 PROVIDING FOR PUBLIC HEARING FOR LOCAL LAW NO. B-2011 IMPOSING A SURCHARGE FOR SYSTEMS COSTS OF THE E-911 SYSTEM WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on March 9, 2011, a proposed Local Law No. B-2011 Imposing a Surcharge for Systems Costs of the E-911 System, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 23rd day of March, 2011 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 March 9, 2011 Public Services Committee

RESOLUTION NO. 2011-079 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. C - 2011 COUNTY OF LIVINGSTON PROVIDING EXEMPTION UNDER SECTION 485-A OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF DANSVILLE WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on March 9, 2011, a proposed Local Law entitled Local Law No. C – 2011 County of Livingston Providing Exemption Under Section 485- A Of The Real Property Tax Law For Certain Converted Mixed Use Property In The Village Of Dansville, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 23rd day of March, 2011 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 March 9, 2011 Public Services 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. Yendell and seconded by Mr. Martello to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-080 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON MARCH 9, 2011 73

COUNTY DEPARTMENT OF HEALTH: AVON MEDICAL GROUP OF HIGHLAND HOSPITAL, COORDINATED CARE SERVICES, INC. (CCSI), JOHN AND BRIDGET YORK, STERICYCLE Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Avon Medical Group of Highland Hospital 1/15/11-1/14/13 $450.00/month 470 Collins St. Avon, NY 14414 Copy to: Director of Real Estate 135 Corporate Woods, Suite 160 Rochester, NY 14623 For: Rental Agreement for Reproductive Health Center Clinic Site Coordinated Care Services, Inc. (CCSI) 1/1/11-12/31/11 $39,640.00 1099 Jay Street, Bldg. J Rochester, NY 14611-1153 For: Facilitated Enrollment John and Bridget York 4/1/11-3/31/13 $9,300 Year 1 3 Chestnut Ave., $9,300 Year 2 Dansville, NY 14437 For: Renewal on lease property for Reproductive Health Center site. Stericycle 4/24/11-4/23/14 $40.00/month 4010 Commercial Ave., Northbrook, IL 60062 For: Medical Waste Removal Dated at Geneseo, New York March 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-081 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: COUNTY OF STEUBEN, LIVINGSTON AREA TRANSPORTATION AUTHORITY SERVICES, INC. (LATS) Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount County of Steuben 1/1/11-12/31/11 $16,875.00 3 East Pulteney Square Bath NY 14810 For: Non-secure detention for children who are remanded to non-secure detention facility by the Livingston County Family Court. Livingston Area Transportation Authority 4/1/11-3/31/12 Varies based on program Services, Inc. (LATS) 4390 Gypsy Lane Mt. Morris, NY 14510 For: Transportation services for various programs Dated at Geneseo, New York 74 REPORT OF THE SUPERVISORS’ PROCEEDINGS

March 9, 2011 Human Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-082 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE ECONOMIC DEVELOPMENT DEPARTMENT: GREATER ROCHESTER ENTERPRISE Mr. Deming 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 contract for the Economic Development Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Greater Rochester Enterprise 1/1/11-12/31/12 Per Year $25,000.00 100 Chestnut Street One HSBC Plaza, Suite 1910 Rochester, NY 14604 For: Marketing initiatives Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-083 AWARDING BIDS & AUTHORIZING PURCHASE FOR THE COUNTY HIGHWAY DEPARTMENT – VARIOUS AGGREGATE MATERIALS THROUGH MARCH 31, 2012 Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for Various Aggregate Materials from April 1, 2011 through March 31, 2012, bids were received and publicly opened on February 14, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign various contracts, which are hereby accepted as the lowest responsible bids, subject to review by the County Attorney and County Administrator: Contract Term Amount Various Contractors & Suppliers 4/1/11-3/31/12 As Required For: Annual Bids for Various Aggregate Materials. Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-084 AWARDING BIDS & AUTHORIZING PURCHASE FOR THE COUNTY HIGHWAY DEPARTMENT – CONSTRUCTION MATERIALS AND SERVICES THROUGH MARCH 31, 2012 Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for Various Construction Materials and Services from April 1, 2011 through March 31, 2012, bids were received and publicly opened on February 14, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign various contracts, which are hereby accepted as the lowest responsible bids, subject to review by the County Attorney and County Administrator: Contract Term Amount Various Contractors & Suppliers 4/2/11-4/2/12 As Required For: Annual Bids for Construction Materials and Services. Dated at Geneseo, New York MARCH 9, 2011 75

March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-085 AWARDING BIDS & AUTHORIZING RENTAL FOR THE COUNTY HIGHWAY DEPARTMENT – VARIOUS PIECES OF CONSTRUCTION EQUIPMENT THROUGH MARCH 31, 2012 Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for Rental of Various Pieces of Construction Equipment from April 1, 2011 through March 31, 2012, bids were received and publicly opened on February 14, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign various contracts, which are hereby accepted as the lowest responsible bids, subject to review by the County Attorney and County Administrator: Contract Term Amount Various Contractors & Suppliers 4/2/11-4/1/12 As Required For: Annual Bids for Rental of Various Pieces of Construction Equipment. Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-086 APPROVING HOURLY RATE TO BE PAID FOR TOWN 10-WHEEL DUMP TRUCKS WHILE ENGAGED IN COUNTY HIGHWAY MAINTENANCE & CONSTRUCTION WORK THROUGH THE END OF 2011 Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the hourly reimbursement rate for the year 2010 for Town 10-Wheel Dump Trucks (including operator) was $80.00 (regular time) and $90.00 (overtime), now, therefore be it RESOLVED, that an hourly rate of $80.00 (regular time) and $90.00 (overtime) for the year 2011 is established for reimbursement to Towns for use of all 10-Wheel Dump Trucks, including operator, while engaged in local County Highway maintenance and construction work, and, be it further RESOLVED, that said hourly rate shall not apply to long-range hauling of materials to project sites from gravel, stone or asphalt sources, in which case a “per-ton” or “per-cubic-yard” price will be negotiated with the Town, based upon current Annual County Bid prices, and be it further RESOLVED, that said hourly rates of $80.00 and $90.00 shall remain in effect through the end of 2011. Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-087 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK (SUNY RESEARCH FOUNDATION) Mr. Deming 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 contract and related documentation, and any amendments hereto, for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Division of Housing & 4/1/11 - 3/31/12 $375,000.00 Community Renewal Energy and Rehabilitation Services, 4th Floor South 76 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Hampton Plaza, 38-40 State Street Albany, New York 12207 For: Weatherization Assistance Program: 3rd budget period of the 5=-Year Contract Package. The Research Foundation of State 3/9/11 - 12/31/11 Not to exceed $14,000.00 University Of New York (SUNY Research Foundation) P.O. Box 9 Albany, New York 12201-0009 For: Water quality monitoring and analysis services in support of the implementation of the Conesus Lake Watershed Management Plan. Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-088 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN AGREEMENT WITH THE GENESEE VALLEY CONSERVANCY FOR SERVICES REQUIRED FOR THE FY2008-2009 AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANTS: TRIPLE H FARMS (FPIG AWARD # C800738) AND SUNNY KNOLL FARM (FPIG AWARD # C800757) Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Livingston County submitted application to the FY2008-2009 New York State Department of Agriculture and Markets Agricultural and Farmland Protection Implementation Grant on September 12, 2008, as recommended by the Livingston County Agricultural and Farmland Protection Board; WHEREAS, Livingston County received notice on May 13, 2009, that the New York State Department of Agriculture and Markets awarded Livingston County the total sum of $2,287,152.00 through the FY 2008-2009 Agricultura1 and Farmland Protection Implementation Grant program to assist the County with its farmland preservation efforts through the purchase of development rights on Triple H Farms (FPIG AWARD # C800738, $1,290,824.00) and Sunny Knoll Farm (FPIG AWARD # C800757, $996,328.00); and WHEREAS, pursuant to Resolution 2009-352, the Chairman of the Livingston County Board of Supervisors has signed the agreements with the New York State Department of Agriculture and Markets to allow for the transfer of the funds for the FY2008-2009 Agricultural and Farmland Protection Implementation Grants for both projects, following review by the County Attorney and County Administrator; now, therefore, be it, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following agreements with the Genesee Valley Conservancy for services required to assist the County with implementation of the FY 2008-2009 Agricultural and Farmland Protection Implementation Grants, according to the term designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Genesee Valley Conservancy 5/13/09-11/12/13 NYS Reimbursement for Services P.O. Box 73 1 Main Street Geneseo, New York 14454 For FY2008-2009 FPIG AWARD # C800738, Triple H Farms, for reimbursement of services following receipt of funding from the New York State Department of Agriculture and Markets Contractor Term Amount Genesee Valley Conservancy 5/13/09-11/12/13 NYS Reimbursement for Services P.O. Box 73 1 Main Street Geneseo, New York 14454 For FY2008-2009 FPIG AWARD # C800757, Sunny Knoll Farm, for reimbursement of services following receipt of funding from the New York State Department of Agriculture and Markets Dated at Geneseo, New York MARCH 9, 2011 77

March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-089 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PROBATION DEPARTMENT: NYS DIVISION OF CRIMINAL JUSTICE SERVICES Mr. Deming 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 contract(s) for the Livingston County Probation Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division of Criminal Justice Services 10/1/10-9/30/11 $23,161.00 For: Ignition Interlock Device Monitoring Program Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-090 AUTHORIZING THE PURCHASE OF VEHICLES FOR THE LIVINGSTON COUNTY SHERIFF’S DEPARTMENT Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Sheriff is authorized to purchase through New York State OGS Contract PC64892 from Hoselton Chevrolet, Inc. of 909 Fairport Road, East Rochester, NY 14445 seven (7) new 2011 Chevrolet Tahoes, at a total cost not to exceed One Hundred and Ninety Thousand Six Hundred Thirty Nine Dollars and 19/100 ($190,639.19), and be it further RESOLVED, that the Livingston County Sheriff is authorized to purchase through New York State OGS Contract PC64893 from Warnock Fleet, of 175 Route 10, POB 524, East Hanover, NJ 07937 two (2) new 2011 Ford Crown Victoria Police Interceptors at a total cost not to exceed Forty-Eight Thousand Two Hundred Seventy Two dollars and 40/100 ($48,272.40), and be it further, RESOLVED, the total cost for the purchase of nine (9) vehicles is Two Hundred Thirty-Eight Thousand Nine Hundred and Eleven Dollars and 59/100 ($238,911.59). Dated at Geneseo, New York March 9, 2011 Public Services Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-091 APPROVING CHANGE ORDER(S) FOR CONESUS SEWER PROJECT – B. BEARDSLEY MANAGEMENT AND ENTERPRISES, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract B. Beardsley Management Liquidated damages and unpaid ($34,755.80) $2,167,935.93 and Enterprises, Inc. lien from OTI and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator Dated at Geneseo, New York March 9, 2011 Public Services Committee 78 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-092 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-093 AUTHORIZING SECOND AMENDMENT TO THE LIVINGSTON COUNTY MATCHING DEFERRED COMPENSATION PLAN Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Livingston County 401 (a) Matching Deferred Compensation Plan (the “Plan”) was established, effective January 1, 2009 for the benefit of eligible employees; and WHEREAS, the Employer now wishes to amend the Plan to: (i) revise the definition of “Eligible Rollover Distribution” to include, in certain circumstance, nontaxable distributions from the Plan, as required by the Pension Protection Act of 2006; (ii) allow a Direct Rollover of an Eligible Rollover Distribution to a Roth IRA, as required by the Pension Protection Act of 2006; and (iii) add provisions required by the Heroes Earnings Assistance and Relief Tax Act of 2008; now, therefore, be it RESOLVED, the Plan is amended, effective January 1, 2009, as follows: 1. Section 8.6(a) of the Plan is amended to read as follows: (a) Eligible Rollover Distribution: An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (i) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and Distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent such distribution is required under Code Section 401(a)(9); (iii) the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities), unless such distribution is paid in the form of a Direct Rollover to a qualified trust described in Code Section 401(a) or to an annuity contract described in Code Section 403(b) and such trust or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separate accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible, or such distribution in the form of a Direct Rollover to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) (other than an endowment contract); and (iv) effective January 1, 1999, any hardship withdrawal as defined in Code Section 401(k)(2)(b)(I)(iv) which is attributable to elective contributions under Treasury Regulation §1.401(k)-1(d)(2)(ii).

2. The following Subsection (e) is added to the end of Section 8.6 of the Plan: (e) Direct Rollover to Roth IRA: A Distributee may also elect to have an Eligible Rollover Distribution paid in the form of a Direct Rollover to a Roth IRA described in Code Section 408A(b). 3. Section 12.1 of the Plan is amended to read as follows:

12.1 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT ACT

(a) If a Participant is re-employed by the Employer on or after December 12, 1994 following a period of qualified military service (as defined in Code Section 414(u)): (i) benefits and service credit with respect to such qualified military service shall be provided in accordance with Code Section 414(u); (ii) such Participant MARCH 9, 2011 79

shall not be treated as having incurred a break in service; and (iii) upon re-employment, his qualified military services shall be treated as service for purposes of vesting under the Plan.

(b) If a Participant dies while performing qualified military service, his survivors shall be entitled to any survivor benefits provided under the Plan contingent upon termination of a Participant's employment on account of death, as if the Participant had resumed employment and then terminated employment on account of death; provided the Participant was entitled to reemployment rights under the Uniformed Services Reemployment Rights Act of 1994 immediately before his death. The benefits described in this Subsection (b) shall not include benefit accruals relating to the period of qualified military service.

(c) An individual receiving a differential wage payment (as defined by Code Section 3401(h)(2)) shall be treated as an Employee of the Employer making such payment; provided, however, that such differential wage payment shall not be treated as compensation for contribution and benefit accrual purposes, but shall be treated as 415 Compensation for purposes of Section 4.6 of the Plan. Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-094 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY: CORNELL COOPERATIVE EXTENSION ASSOCIATION OF LIVINGSTON COUNTY Mr. Pangrazio 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 contract(s) for Livingston County, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Cornell Cooperative Extension 1/1/11-12/31/11 $426,158.00 Association Of Livingston County 158 Main Street Mt. Morris, NY 14510 For: Support & Maintenance to conduct extended educational programs. Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-095 DECLARING SURPLUS PROPERTY – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Sheriff’s Department Quantity Item Model # Miles 1 2001 Chevrolet Suburban 3GNFK16T91G107516 114,000 Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

80 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-096 INCREASING CAPITAL PROJECT ACCOUNT – STAGECOACH ROAD PROJECT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer is authorized to increase the Capital Project Account H5112.2900 in the amount of $1,000,000.00 which is funded from Estimated Revenue H5112.5031 in the amount of $1,000,000.00, and, it is, further RESOLVED, that the County Treasurer is hereby directed to transfer monies to General Fund Transfer to Capital A9950.9000 in the amount of $1,000,000.00 from A0599.0000 Appropriated Fund balance. Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-097 AUTHORIZING CONVEYANCE OF COUNTY PROPERTY ACQUIRED BY TAX DEED Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston acquired title to the following parcel of land, and WHEREAS, the Livingston County Board of Supervisors' Ways and Means Committee has approved the sale of said parcel, it is, hereby RESOLVED, that the following conveyance be approved with a net profit of $36,886.85: Tax Map # Formerly Owned/Assessed To Conveyed to Purchaser Village/Town Price 80.12-3-55 Aprile, Ronald J Struble, Steven K., II & Struble, V&T – Geneseo $51,188.00 Serena Kniffin Dated at Geneseo, New York March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

RESOLUTION NO. 2011-098 CORRECTING TAX ROLL – TOWN OF LIVONIA Mr. Pangrazio 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 parcel) application for correction of the tax roll, pursuant to the Real Property Tax Law, as prepared for the Town of Livonia on the tax roll for the years hereinafter set forth, and WHEREAS, said parcel was 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 correction and forward the corrected tax bill. The County Treasurer is authorized to issue the refund and/or make the appropriate chargebacks as hereinafter set forth for the application. Chargebacks to Original Corrected Refund to Taxing Year, Town & Parcel Taxing Jurisdiction Tax Bill Tax Bill Owner Jurisdictions 1. 2011 Livonia Livingston County $ 824.86 $ 715.52 $109.34 $109.34 Beachel, Gail E. Livonia Town Tax 514.77 446.54 68.23 68.23 Tax Map Number Livonia Fire 2 174.86 174.86 0.00 0.00 74.-1-13.23 Livonia Light 2 12.53 12.53 0.00 0.00 Livonia Water 2 63.52 63.52 0.00 0.00 Cty Wtr#1 Zone 4 47.00 47.00 0.00 0.00 Total $1,637.54 $1,459.97 $177.57 $177.57 Dated at Geneseo, New York MARCH 9, 2011 81

March 9, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,562; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Total – 190; Adopted.

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE  Reminder that the Legislative Forum is scheduled for Friday, March 11, 2011 in the Strong Conference Room.  NYSAC Lobby Day is Wednesday, March 16, 2011 at 10:30 AM. If you are interested in going to Albany this day, please inform the Clerk of the Board.  Official correspondence from Pro-Act shows that since the discount cards have been mailed, 25 have been used creating $1,000 savings for the users to date. This program is in its infancy and this is a good sign.  A capital project reserve fund was established last year for Stagecoach Road, Town of Conesus, and we recently transferred another $1 million dollars to gear up for the next phase of this project. The total project cost is $2.6 million.

EXECUTIVE SESSION Motion made by Mr. Deming and seconded by Mr. Martello that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing the employment history of particular persons; and that James C. Merrick act as Chairman, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle, County Attorney David J. 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 employment history of particular persons, hereby reports as follows: No action taken. Dated March 9, 2011 James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Pangrazio and seconded by Mr. Martello that the Report of the Executive Session be accepted. Carried.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, March 23, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:22 p.m. 82 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, MARCH 23, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage) and Mr. Buckley (Springwater).

PLEDGE OF ALLEGIANCE The County Administrator introduced Timothy A. Deragon, a Korean War Veteran, a Korean War Veteran: Mr. Deragon was born in North Lawrence, NY. His family moved to Avon, NY, where he attended High School until the age of sixteen (16). He worked on a farm until he was seventeen and then enlisted into the U.S. Army on November 27, 1950 in Rochester, NY. His Basic Training was at Ft. Dix, NJ and then to Ft. Sill, OK for artillery training and specialized as a lineman, running telephone cables to/from the Command Post to the different artillery units, operating the switchboard for fire missions, etc. On April 4, 1951, Tim was assigned to Headquarters Company 17th Field Artillery in Korean, where he and members of his unit laid communication lines to all the combat units in the area so that artillery support could be called in for any and all offensives against the North Koreans and Chinese. He was re-assigned to a unit in New York City for a short period of time before he was transferred to Headquarters Company 1st Battalion 112th Infantry Regiment in Germany. Mr. Deragon was in this Infantry Unit until his Honorable Discharge on November 6, 1953. For his military service, Mr. Deragon was awarded: the Occupation of Germany Medal, the Korean Service Medal with one (1) Bronze Service Star. He will also receive the United Nations Service Medal, the National Defense Service Medal, the Good Conduct Medal and the New York State Medal for Merit. After the Korean War, Mr. Deragon worked for Taylor Instruments, Delco, Foster Wheeler and several other companies, but enjoyed working as a carpenter until his retirement in 1996. Tim met his lovely wife Betty in June of 1954 and they were married on June 11, 1955. They have three (3) boys and one (1) girl. Tim and Betty lived in Geneseo for fifty (50) years and have lived in Avon for the last three (3) years.

TIMOTHY A. DERAGON a Korean War Veteran. led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Timothy A. Deragon. The audience presented a standing ovation. Mr. Deregon did not provide any remarks.

APPROVAL OF MINUTES 1. Minutes of 3/9/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. LOCAL LAW NO. B - 2011 IMPOSING A SURCHARGE FOR SYSTEMS COSTS OF THE E-911 SYSTEM 2. LOCAL LAW NO. C - 2011 COUNTY OF LIVINGSTON PROVIDING EXEMPTION UNDER SECTION 485-a OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF DANSVILLE Chairman Merrick asked the County Attorney to comment on the proposed local laws. County Attorney David Morris explained that Local Law B extends our 35-cent per line E-911 surcharge to include voice over Internet protocol effective May 15, 2011. Local Law C provides a partial tax exemption for property converted from non-residential use to mixed-use property. This particular local law only applies to the Village of Dansville. He explained the exemption is limited to the increase in assessed valuation attributable to the conversion of non-residential property to mixed-use property. The Town and Village of Dansville have already adopted local laws. Chairman Merrick declared the public hearings open. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearing would remain open until the end of the meeting. MARCH 23, 2010 83

COMMUNICATIONS 1. The 14th Annual Livingston County Farmer/Neighbor Evening will be March 25th at 7 PM at the Genesee River Restaurant and Reception Center in Mt. Morris 2. The 13th Annual Taste of Livingston County will be held on April 5th from 5:30-7:30 PM at The Genesee River Restaurant and Reception Center in Mt. Morris. Tickets are $20.00; proceeds will go to Compeer of Livingston County. Joan Ellison has tickets. 3. Letter from Ann Singer, Chief Examiner, from the Office of the State Comptroller acknowledging the receipt of our letter responding to the draft report of their audit, Nursing Home Pharmaceuticals for Livingston County. 4. Letter from Assemblyman Daniel J. Burling acknowledging receipt of Res. No. 2011-059 Opposing State Takeover of Western Regional Off-Track Betting Corporation and 2011-076 Recognizing the Importance of Marine Patrols in County Law Enforcement and Encouraging the State to Consider the Effect of a Loss of State Funding.

INTRODUCTION OF LOCAL LAW 1. LOCAL LAW NO. D – 2011 A LOCAL LAW SUPERCEDING CERTAIN PROVISIONS OF SECTION 3 OF THE PUBLIC OFFICERS LAW OF THE STATE OF NEW YORK Be It Enacted By The Board of Supervisors of the County of Livingston as follows: Section 1. The Livingston County Board of Supervisors recognizes the need to retain qualified and experienced employees in public offices within the County of Livingston. The Livingston County Board of Supervisors further recognizes that to fulfill this need, it is occasionally necessary to employ individuals who do not reside within the County of Livingston during their term of office. Section 2. The Livingston County Board of Supervisors elects to supercede certain provisions of Section 3 of the Public Officers Law of the State of New York to the extent it is inconsistent with the terms of this local law. Section 3. The individuals occupying the following public offices for the County of Livingston must be residents of the County of Livingston, or residents of a county adjoining the County of Livingston, during their term of office: Director of Nursing Services (CNR); Director of Social Work Services (CNR); Director of Patient Services (DOH); Highway Administrative Manager; Director of Community Mental Health Services; Assistant Public Defender; Director of Administrative Services (DSS) and Director of Veteran Services Agency. Section 4. This local law shall be effective upon its filing with in the Office of the Secretary of State. Dated at Geneseo, New York March 23, 2011 (Introduced) Chairman Merrick also asked the County Attorney to explain this proposed local law. The County Attorney indicated this local law supercedes certain provisions of the Public Officers Law. The Public Officers Law requires public officials to reside in the municipality in which they serve. He stated that over the course of years, certain public officers have been appointed to positions; however, they do not reside in Livingston County. This local law essentially protects those employees in those positions.

Mr. Davis entered.

Chairman Merrick stated if any Supervisor has questions to contact the County Attorney.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-099 APPROVING ABSTRACT OF CLAIMS #3B – MARCH 23, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #3B dated March 23, 2011 in the total amount of $1,903,589.60. Dated at Geneseo, New York March 23, 2011 84 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Ways and Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

COMMITTEE OF THE WHOLE Mr. Martello moved and Mr. Schuster seconded to move the proposed resolution to the table for a vote. Carried. RESOLUTION NO. 2011-100 RECOGNIZING ASSEMBLYMAN JOSEPH A. ERRIGO FOR HIS COMMITMENT TO LIVINGSTON COUNTY WHEREAS, Joseph A. Errigo was born in Rochester; graduated from Aquinas Institute in 1956 and following graduation, enlisted in the United States Marine Corp Reserves where he received an honorable discharge; attended classes at Rochester Institute of Technology; worked for the New York State Department of Transportation in the drafting department and subsequently as a commercial artist for Freadon, Inc.; and WHEREAS, Joseph A. Errigo continued his education at Rochester Institute of Machine Shorthand and graduated in 1963 and in 1965 was appointed to the court system as an official court reporter for the State of New York serving in Supreme, County, Family and Surrogate courts. He was involved in thousands of cases during his tenure dealing with civil, criminal and family issues until his retirement in 1995; and WHEREAS, he started his first freelance business, Tiro Reporting Service, Inc. in 1978 and today serves as a consultant for Midtown Reporting, Inc.; and WHEREAS, Joseph A. Errigo moved to the town of Conesus, Livingston County in 1979 with his wife Kathy, where they operated a small family farm and also started a small business in 1995, Errigo Sand & Gravel; and WHEREAS, the couple has three children Sam, Mary Ellen and Joe and six grandchildren; and WHEREAS, for over 40 years, Joseph A. Errigo has taken an active interest in public service and politics and has worked on many political campaigns and served on the Town of Conesus Republican Committee for more than 20 years, including 15 years as Chairman; and WHEREAS, in March of 1999, Governor Pataki appointed Joseph A. Errigo as the Livingston County Commissioner to the Rochester Genesee Regional Transportation Authority where he served for 20 months; and WHEREAS, in 2000, Joseph A. Errigo was elected to serve the 136th New York State Assembly District and with redistricting following the 2000 Census he was elected to serve as Assemblyman in the newly formed 130th Assembly District, which includes parts of Ontario, Livingston and Monroe Counties; and WHEREAS, Joseph A. Errigo assisted with the Gateway Project, Town of Livonia and the East Lake Road Project; secured an Empire Zone for Livingston County, supported the Hemlock Fair, Fire Departments, Food Pantries, Libraries, Reading Clinic and honored several Veterans for their service to our country and worked to retain existing jobs and attract new industry; and WHEREAS, Assemblyman Errigo has served the constituents of the 130th Assembly District with dignity and integrity, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby recognizes Assemblyman Joseph A. Errigo for his 10 years of sincere, dedicated and outstanding commitment to Livingston County. Dated at Geneseo, New York March 23, 2011 Committee of the Whole The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

PRIVILEGE OF THE FLOOR 1. RECOGNITION OF FORMER ASSEMBLYMAN JOSEPH A. ERRIGO – CHAIRMAN JAMES C. MERRICK AND COUNTY ADMINISTRATOR IAN M. COYLE Chairman Merrick invited Former Assemblyman Joseph A. Errigo to join him and County Administrator Coyle at the podium. Chairman Merrick congratulated the former Assemblyman on his retirement and thanked him for doing a good job in Albany on behalf of the Livingston County residents he represented. Chairman Merrick and County Administrator Coyle presented the former Assemblyman with a certified copy of the foregoing resolution and a Boliva clock that had a plaque on the back of the clock that read: In Honor of Assemblyman Joseph A. Errigo, County Seal, 2000-2010 With Sincere Appreciation for Dedicated and Outstanding Service to Livingston County 130th Assembly District. MARCH 23, 2010 85

Former Assemblyman Errigo thanked the Board of Supervisors for the honor and privilege to serve them and commented the only way he was successful was by surrounding himself with people of integrity and honesty. He stated it was unfortunate that former Senator Dale M. Volker was not present and acknowledged the great work relationship they had together. Former Assemblyman Errigo also acknowledged his wife Cathy and Chief of Staff Bonnie Turner who were in the audience. He commented that without these ladies nothing would have been accomplished, and he praised the work they did. He again stated it was an honor and privilege to serve everybody and indicated he was not yet retired and we would see him sometime in the future. He thanked the Board for the clock and the opportunity to speak. Chairman Merrick apologized that former Senator Dale M. Volker could not be here today due to the stormy weather conditions. He indicated we would recognize him at a later date.

2. KATHY WOOD, VOLUNTEER COORDINATOR RSVP OF LIVINGSTON COUNTY (RETIRED AND SENIOR VOLUNTEER PROGRAM) Kathy Wood thanked the Board for the opportunity to speak and introduced herself as the Volunteer Coordinator for Retired and Senior Volunteer Program of Livingston County. She explained that RSVP is part of a National Senior Corp sponsored locally by Lifespan and her role is to recruit volunteers age 55 and up for not-for-profit agencies. Kathy Wood reported that the Monroe County program currently serves approximately 700-800 agencies and they received an expansion grant for Livingston County. She indicated they currently have contracts with Catholic Charities, Genesee Valley Education Partnership, Cornell Cooperative Extension of Livingston County and Noyes Memorial Hospital. Kathy Wood stated she is hopeful that the Supervisors can assist in this effort and refer any groups or individuals to her. Her local office is in the Catholic Charities building in Mt. Morris. She thanked the Board for their time and asked if there were any questions. There were none.

PREFERRED AGENDA RESOLUTION NO. 2011-101 APPOINTING MEMBER TO THE COMMUNITY INITIATIVES COUNCIL – ANN R. HUNT RESOLVED, that the following member is hereby appointed to the Community Initiatives Council for the term designated: Name Address Representing Term Livingston County Community Initiatives Council Ann R. Hunt 35 Case St. Mt. Morris, N Y General Public 1/1/11 -12/31/13 Dated at Geneseo, New York March 23, 2011 Human Services Committee

RESOLUTION NO. 2011-102 OPPOSING GOVERNOR CUOMO’S PRIMARY PREVENTION INCENTIVE PROGRAM AND THE RESULTING LOSS OF YOUTH SERVICE FUNDING FOR LIVINGSTON COUNTY WHEREAS Governor Cuomo has submitted his proposed 2011-2012 budget, recommending the development of a Primary Prevention Incentive Program (PPIP); WHEREAS this proposal slashes by 50% the current allocation of funding for Youth Development and Delinquency Prevention (YDDP), Special Delinquency Prevention Program (SSPP), and Runaway and Homeless Youth Act (RHYA); WHEREAS this proposal in turn eliminates these funding streams and offers the distribution of funds on a competitive basis to counties, hence eliminating funding to many counties thereby promoting inequities in prevention and positive youth development services across New York State; WHEREAS the proposed competitive bidding process allows for a loss of local planning and control; WHEREAS this proposal will dismantle the current Youth Bureau structure and funding streams; WHEREAS currently youth development and prevention services are provided through a fair and equitable formula-driven allocation; WHEREAS the current funding through Youth Bureaus municipal structures ensure appropriate monitoring, evaluation and accountability; 86 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS Youth Development, Prevention and Intervention is essential in critical services to youth and; WHEREAS, if adopted, this portion of the Executive Budget would result in the minimal loss of almost $108,000 of youth services dollars for Livingston County, and WHEREAS New York State is abandoning its long-time leadership and partnership in youth prevention, intervention and development services as articulated in Executive Law §420 and; WHEREAS the Livingston County Board of Supervisors believes that providing services and programs for youth is an investment, not only in delinquency prevention but also in the development of all our young people in all ways thus enriching our society and nation; and WHEREAS, the Human Services Committee has met, considered and by unanimous vote approved this resolution; now therefore be it RESOLVED, the Livingston County Board of Supervisors hereby requests Governor Cuomo and the New York State Legislature maintain the current youth bureau funding streams, albeit with proportionate reductions, and eliminate the concept of competitive bid funding; and it is further RESOLVED that the Governor and Legislature uphold the provisions of Executive Law §420 to maintain the current youth bureau structure that is in the best interest of the 20,000 youth served by youth development and prevention services in Livingston County; and it is further RESOLVED, that the Clerk of the Board of Supervisors is hereby directed to forward a certified copy of this resolution to Governor Cuomo, Assembly Speaker Silver, Senate Majority Leader Skelos, Senator Young, Senator Gallivan, Assemblyman Burling, Assemblyman Hanna, and the New York State Association of Counties. Dated at Geneseo, New York March 23, 2011 Human Services Committee

RESOLUTION NO. 2011-103 PROCLAIMING APRIL 25- MAY 1, 2011, AS FEDERATION OF NEW YORK INSURANCE PROFESSIONALS WEEK WHEREAS, the Federation of New York Insurance Professionals, Inc. was formed in 1942 to provide opportunities for increasing the knowledge of insurance, stimulate and encourage members in the insurance industry and assist them in securing advancement and recognition, and WHEREAS, the work of insurance professionals requires advanced knowledge and expertise in communications, technology, organization and customer service, and WHEREAS, the Federation of New York Insurance Professionals Week is observed annually to recognize the efforts and achievements of its members, and WHEREAS, the Federation of New York Insurance Professionals annual convention will be held in Syracuse, NY from April 25 to May 1, 2011, and now be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaims the week of April 25 -May 1, 2011 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 23, 2011 Ways and Means Committee

RESOLUTION NO. 2011-104 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. D - 2011 A LOCAL LAW SUPERCEDING CERTAIN PROVISIONS OF SECTION 3 OF THE PUBLIC OFFICERS LAW OF THE STATE OF NEW YORK WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on March 23, 2011, a proposed Local Law entitled Local Law No. D – 2011 A Local Law Superceding Certain Provisions Of Section 3 Of The Public Officers Law Of The State Of New York, 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 April, 2011 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. MARCH 23, 2010 87

Dated at Geneseo, New York March 23, 2011 Ways and Means 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-105 AMENDING RESOLUTION 2011-080 AND AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: JOHN AND BRIDGET YORK Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, resolution 2011-080 authorized the Chairman of the Livingston County Board of Supervisors to sign various contracts for the Livingston County Department of Health, and WHEREAS, resolution 2011-080 referenced an incorrect rental amount for John and Bridget York necessitating a revised resolution; now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for Livingston County for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount John and Bridget York 4/1/11-3/31/13 $9,300 Year 1 3 Chestnut Ave., $9,600 Year 2 Dansville, NY 14437 For: Renewal on lease property for Reproductive Health Center site. Dated at Geneseo, New York March 23, 2011 Human Services Committee Mr. Yendell announced that this resolution was not presented at a Human Services` Committee meeting; however, the Committee has signed the resolution. The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-106 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – BILLITIER ELECTRIC, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Billitier Electric, Inc. Added light switches +$1,163.13 $2,064,746.82 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 23, 2011 Public Services Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

88 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-107 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – MANNING SQUIRES HENNIG CO., INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Manning Squires Hennig Co., Inc. FF&E Installations +$13,359.25 $6,497,142.85 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York March 23, 2011 Public Services Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-108 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2705 Gift & Donations $200.00 Increase Appropriation A3110 2400 Law Enforcement Equip. $200.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $2,307.89 Increase Appropriation A3110 4127 Outside Repairs $2,307.89 And, Account Dept. Code Description Amount Increase Revenue A3110 2770 Other, unclassified $60,000.00 Increase Appropriation A3110 2100 Vehicles $60,000.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2770 Unclassified Revenue $2,895.20 Increase Appropriation A3110 4280 Uniforms $2,895.20 Dated at Geneseo, New York March 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-109 ADOPTING LIVINGSTON COUNTY PURCHASING POLICY Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS the following changes were made to the Livingston County Purchasing Policy:  Page 2: Limits when quotes are required were increased. The number of quotes required was changed.  Page 11: Added “Purchase of Vehicles and Automotive Equipment” Updated “Sole Source and Single Source” definitions.  Page 14: The bidding limits for purchase contracts has been increased from $10,000 to $20,000 effective June 22, 2010. This change has been made throughout the policy.  Page 16: Disposition of Surplus Items Policy was “cleaned up.”  Page 17: “Sale of Scrap” procedures have been added. it is hereby, MARCH 23, 2010 89

RESOLVED, that the Livingston County Board of Supervisors hereby adopts the attached Livingston County Purchasing Policy, effective April 1, 2011, said policy to supersede the existing purchasing policy. Dated at Geneseo, New York March 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-110 APPROVING INTER-MUNICIPAL AGREEMENT WITH STEUBEN COUNTY FOR WEIGHTS AND MEASURERS DIRECTOR AND AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE AGREEMENT: COUNTY OF STEUBEN Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, §180 of the Agriculture and Markets Law authorizes two or more counties to enter into an inter- municipal agreement to share the functions, policies and duties of the Director of Weights and Measures; and WHEREAS, Steuben County is willing to enter into such agreement with Livingston County; now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following Agreement, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount County of Steuben 4/15/11-12/31/11 $30,000.00 3 E. Pulteney Square Bath, NY 14810 For: Weights and Measures services Dated at Geneseo, New York March 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-111 AMENDING THE 2011 DEPARTMENT HEAD SALARY SCHEDULE: DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the Department Head Salary Schedule is amended as follows: Weights and Measures/Department of Health Delete the Director of Weights and Measures position effective April 15, 2011. Dated at Geneseo, New York March 23, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

RESOLUTION NO. 2011-112 CORRECTING TAX ROLL – TOWNS OF CONESUS AND NUNDA Mr. Pangrazio 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 four (4 parcels) applications for correction of the tax rolls, pursuant to the Real Property Tax Law, as prepared by the Assessor for the Towns of Conesus and Nunda 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 applications 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 rolls so that the rolls can be corrected; and a notice of approval to the applicants, and be it further 90 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the County Treasurer and/or Town Tax Collector is hereby authorized to make the tax roll corrections and forward the corrected tax bills. The County Treasurer is authorized to issue the refunds and/or make the appropriate chargebacks as hereinafter set forth for each application. Chargebacks to Original Corrected Refund to Taxing Year, Town & Parcel Taxing Jurisdiction Tax Bill Tax Bill Owner Jurisdictions 1. 2011 Conesus Livingston County $1,136.77 $ 991.83 $144.94 $144.94 Buker, Richard J. & Conesus Town Tax 967.30 843.97 123.33 123.33 Josephine F. Conesus Fire 1 104.07 104.07 0.00 0.00 Tax Map Number Total $2,208.14 $1,939.87 $268.27 $268.27 101.-1-43.1 2. 2009 Nunda Livingston County $1,114.78 $ 908.20 $206.58 $206.58 Towne, Mark D. Nunda Town Tax 1,213.88 988.94 224.94 224.94 Essler, Darlene Nunda Fire 1 121.21 121.21 0.00 0.00 Tax Map Number Total $2,449.87 $2,018.35 $431.52 $431.52 171.-1-31.2 3. 2010 Nunda Livingston County $1,183.20 $ 967.15 $216.05 $216.05 Towne, Mark D. Nunda Town Tax 1,232.76 1,007.66 225.10 225.10 Essler, Darlene Nunda Fire 1 120.42 120.42 0.00 0.00 Tax Map Number Total $2,536.38 $2,095.23 $441.15 $441.15 171.-1-31.2 4. 2011 Nunda Livingston County $1,227.11 $1,006.09 $221.02 $221.02 Towne, Mark D. Nunda Town Tax 1,282.41 1,051.43 230.98 230.98 Essler, Darlene Nunda Fire 1 115.36 115.36 0.00 0.00 Tax Map Number Total $2,624.88 $2,172.88 $452.00 $452.00 171.-1-31.2 Dated at Geneseo, New York March 23, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

CLOSE PUBLIC HEARINGS Chairman Merrick asked if anyone wished to comment regarding the public hearings. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearings closed.

MOTION TO MOVE LOCAL LAWS Mr. Yendell moved and Mr. Deming seconded to move the proposed local laws to the table for a vote. Carried

VOTE ON LOCAL LAWS 1. LOCAL LAW NO. 3 - 2011 IMPOSING A SURCHARGE FOR SYSTEMS COSTS OF THE E-911 SYSTEM Be it enacted by the Board of Supervisors of the County of Livingston, State of New York, as follows: Section 1. By Local Law No. 2 of the year 1992, the County of Livingston established an E911 system and authorized the imposition of a surcharge upon customers of every telephone corporation, which provides local exchange access service within the E911 service area. The New York State legislature has since amended sections 301 and 303 of the County Law to authorize the imposition of the surcharge on customers of every “service supplier” within the county. Service suppliers are defined as telephone corporations that provide local exchange access service within the county and providers of “voice over internet protocol” service or “VOIP service” within the county. Section 2. The Livingston County Board of Supervisors still recognizes the importance of the health, safety and welfare of the citizens of Livingston County and further recognizes that when the lives or property of citizens of the Livingston County are in imminent MARCH 23, 2010 91

danger a timely and appropriate assistance must be rendered. The Livingston County Board of Supervisors still finds that the enhanced emergency telephone service known as E911 provides substantial benefits beyond the basic 911 system through the provision of selective routing and automatic number and location identification, and that these enhancements significantly reduce the response time of emergency services. Section 3. Pursuant to and subject to the provisions of Article 6 of the County Law of the State of New York, the Livingston County Board of Supervisors authorizes the imposition of a surcharge in the amount of .35 cents per access line per month on the customers of every service supplier within Livingston County. The surcharge shall be used to pay the costs associated with obtaining and maintaining the tele-communication equipment and telephone services needed to provide the E911 service within Livingston County. The surcharge is currently being imposed on telephone corporations pursuant to Local Law No. 2 of the year 1992 and providers of “voice over internet protocol” service or “VOIP service” shall begin adding such surcharge to the billings of its' customers on May 15, 2011. Dated at Geneseo, New York March 9, 2011 (Introduced) March 23, 2011 The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

2. LOCAL LAW NO. 4 - 2011 COUNTY OF LIVINGSTON PROVIDING EXEMPTION UNDER SECTION 485-A OF THE REAL PROPERTY TAX LAW FOR CERTAIN CONVERTED MIXED USE PROPERTY IN THE VILLAGE OF DANSVILLE Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. Purpose This Local Law is enacted pursuant to the provisions of section 485-a of the Real Property Tax Law of the State of New York to grant a partial exemption from taxation to certain real property located within the Village of Dansville, which has been converted to a combination of commercial and residential use. Section 2. Definitions For purposes of this Local Law: A. “Applicant” means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this local law is sought. B. “Commercial construction work” means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. C. “Commercial purpose or use” means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. D. “Exemption Base” means the increase in the assessed value of real property attributable to the amount invested, exclusive of the cost of ordinary maintenance and repairs, to convert such real property to Mixed- use property, as hereinafter defined. E. “Mixed-use property” means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial use. F. “Person” means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. G. “Residential construction work” means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. H. “Village” means the Village of Dansville located within Livingston County. Section 3. Exemption A. Non-residential real property located within the Village upon conversion to Mixed Use Property shall be exempt from taxation and special ad valorem levies as provided hereinafter. B. (i) For a period of twelve years from the approval of an application, the increase in assessed value of such property attributable to such conversion, shall be exempt as provided in subsection B(ii) of this section. Such exemption shall be computed with respect to the “exemption base”. The exemption 92 REPORT OF THE SUPERVISORS’ PROCEEDINGS

base shall be determined for each year in which there is an increase in assessed value so attributable from that of the previous year’s assessed value. (ii) The following table shall illustrate the computation of the tax exemptions:

Years of exemption Percentage of exemption 1 through 8 100% of exemption base 9 80% of exemption base 10 60% of exemption base 11 40% of exemption base 12 20% of exemption base

C. No such exemption shall be granted unless: (1) such conversion was commenced subsequent to the effective date of this local law; and (2) the cost of such conversion exceeds the sum of ten thousand dollars. D. For purposes of this local law, conversion shall not include ordinary maintenance and repairs. No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the same improvements to real property, except, where during the period of such previous exemption, payments in lieu of taxes or other payments were made to the local government in an amount that would have been equal to or greater than the amount of real property taxes that would have been paid on such improvements has such property been granted an exemption pursuant to this section. In such case, an exemption shall be granted for a number of years equal to the twelve year exemption granted pursuant to this local law less the number of years the property would have been previously exempt from real property taxes. Section 4. Application Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the State Board of Real Property Tax Services. Such application shall be filed with the Town of North Dansville assessor on or before the appropriate taxable status date of the Village. Section 5. Approval of Exemption If the Town of North Dansville assessor is satisfied that the applicant is entitled to an exemption pursuant to this local law, he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies as provided herein commencing with the assessment roll prepared after the taxable status date referred to in Section 4 of this local law. The assessed value of any exemption granted pursuant to this local law shall be entered by the Town of North Dansville assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. Section 6. Effective Date This local law shall take effect upon its filing with the New York State Secretary of State. Dated at Geneseo, New York March 9, 2011 (Introduced) March 23, 2011 The roll was called as follows: Ayes - 1,687; Noes - 0; Absent – Buckley, 65; Adopted.

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator commented:  the change orders for the jail project presented in this meeting were essential to the project and he reassured that the project is on schedule and on budget. He explained there is still approximately $300,000 in allowances and contingency as we move into the last phase of the project.  in response to number 3 in today’s communications, the Comptrollers Officer audited six nursing homes and he reported that our nursing home ended up being positively mentioned in the audit and that was very good to see and he mentioned we should give ourselves a pat on the back.  he had previously sent out a notice but officially announced that Probation Director Ed Erhard is retiring effective June 17, 2011. MARCH 23, 2010 93

2. Lima Supervisor Yendell asked if there was any way to pay for the change orders for the jail project under protest. He commented he believes that some of these issues should have been caught by our engineering firm, i.e. the light switch change order. He stated he does not believe we are getting their attention. The County Attorney responded that yes the engineer should have included the changes in the original design; however, bottom line is if those changes were included in the design, the bid price probably would have been more. He stated yes we are paying time and materials for these change orders but the problem is determining what we would have paid if these were actually included in the original bid. Mr. Yendell stated that all these change orders are starting to irritate him.

Chairman Merrick asked if anyone had any further comments. No one wished to comment, and Chairman Merrick asked for a motion to adjourn the meeting.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, April 9, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:03 p.m.

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REGULAR BOARD MEETING WEDNESDAY, APRIL 13, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE North Dansville Supervisor Dennis P. Mahus led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 3/23/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. LOCAL LAW NO. D – 2011 A LOCAL LAW SUPERCEDING CERTAIN PROVISIONS OF SECTION 3 OF THE PUBLIC OFFICERS LAW OF THE STATE OF NEW YORK Chairman Merrick declared the Public Hearing open and asked County Attorney David Morris to comment on the local law. County Attorney David Morris stated this local law supercedes the residency requirement of the Public Officers Law and allows the individuals occupying the public offices to reside in a county adjoining the County of Livingston. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman announced that the public hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Letter from Probation Director II Edward Erhard acknowledging his intent to retire effective June 17, 2011. 2. Adopted resolution from Steuben County Legislature Authorizing the County Administrator to Enter Into an Inter-Municipal Agreement with Livingston County for Weights and Measures Services. 3. Letter from Assemblyman Daniel J. Burling acknowledging receipt of Res. No. 2011-102 Opposing Governor Cuomo’s Primary Prevention Incentive Program and the Resulting Loss of Youth Service Funding for Livingston County. 4. Inter-County Association of Western New York meeting will be held in Niagara County on April 15, 2011 at 9:30 AM at the Tuscarora Inn, Lockport, NY. $20.00 registration. PROGRAM: Kate Emerson, Niagara County Historian and Samuel Ferraro, Commissioner of Economic Development. 5. Rochester Genesee Regional Transportation Authority 2011-2012 Comprehensive Plan is on file. 6. Letter from Senator Catharine M. Young acknowledging receipt of Res. No. 2011-59 Opposing The State Takeover Of Western Regional Off-Track Betting Corporation. 7. Letter from NYSAC Executive Director Stephen J. Acquario acknowledging receipt of Res. No. 2011-102 Opposing Governor Cuomo’s Primary Prevention Incentive Program And The Resulting Loss Of Youth Service Funding for Livingston County. 8. Letter from Senator Catharine M. Young acknowledging receipt of Res. No. 2011-032 Requesting Authority from the New York State Legislature to Continue the Local Sales Tax At Four Percent. 9. The United States of America Federal Energy Regulatory Commission notifying the County that the Office of Energy Projects staff will be in Wyoming County and Pennsylvania’s Tioga and Bradford Counties to gather data for the environmental analysis of two related projects proposed by Tennessee Gas Pipeline Company and Dominion Transmission, Inc. On April 12, 2011 staff will be in Silver Springs, NY and on April 13, 2011 they will be in Troy, PA.

INTRODUCTION OF LOCAL LAW 1. LOCAL LAW NO. E - 2011 IMPOSING A FEE FOR ATTENDING VICTIM IMPACT PANELS Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. APRIL 13, 2010 95

Pursuant to Municipal Home Rule Law §10(1)(ii)(9-a), the County of Livingston has the power to adopt and amend local laws relating to the fixing, levy, collection and administration of charges, rates and fees. Section 2. An individual who is required to attend a victim impact panel as a condition of the sentence for an offense defined under Article 31 of the Vehicle and Traffic Law and Articles 120 and 125 of the Penal Law shall pay to the County of Livingston a fee of ten dollars ($10.00) per session attended. Section 3. The fee imposed by this local law shall not constitute, nor be imposed as, a condition of a sentence. Section 4. The sentencing court shall have the authority to waive the fee imposed by this local law if the fee would work an unreasonable financial hardship on the individual sentenced, his or her family or any other person who is dependent on such individual for financial support. Section 5. Fees collected pursuant to this local law shall be used to offset the cost of the victim impact panels. Section 6. If any clause, sentence, section or part of this local law or its application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof. Section 7. This local law shall be effective upon its filing with the Secretary of State. Dated at Geneseo, New York April 13, 2011 (Introduced) County Attorney David Morris explained that Local Law E imposes a fee of $10.00 of those required to attend Victim Impact Panels and Local Law F authorizes minor changes to the Sanitary Code as required the New York State Department of Health.

2. LOCAL LAW NO. F – 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON Be it enacted by the Board of Supervisors of the County of Livingston as follows: SECTION ONE – The Livingston County Board of Supervisors hereby adopts the following as the Sanitary Code of the County of Livingston: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS Section 1. Title. 1.1 The rules and regulations herein contained shall be known as the “Livingston County Sanitary Code.”

Section 2. Definitions. Whenever used in this Code, unless otherwise expressly stated or the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: 2.1 “Board of Health” shall mean the Board of Health of Livingston County. 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Complaint” shall mean a written or oral allegation by one party against another. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Permit” shall mean written approval to engage in specific activities regulated by the Sanitary Code. 2.6 “Persistent Noncompliance” (PNC) occurs when a regulated entity violates provisions of the Public Health Law, State Sanitary Code or Sanitary Code on more than two (2) site visits or inspections during the course of a calendar year. 96 REPORT OF THE SUPERVISORS’ PROCEEDINGS

2.6.1 “Person” shall mean an individual, group of individuals, partnership, firm, corporation, association, county, city, town or village or improvement district. 2.7 “Public Health and Health Planning Council” shall mean the Public Health and Health Planning Council of the New York State Department of Health. 2.8 “Public Health Law” shall mean an act in relation to public health, constituting chapter forty-five of the consolidated laws. 2.9 “Repair Orders” shall mean a document issued by the Chief Executive Officer that directs an owner or operator to make repairs to a piece of equipment, structure, system, or item that is identified as being necessary to prevent the occurrence of a condition that could result in a public health hazard, Public Health Nuisance, or result in the release of Offensive Materials. The Repair Order shall identify the equipment, structure, system or item in need of repair, set a timeframe for completion of the repair, and indicate acceptable evidence that the repair has been completed, such as providing a receipt or bill of sale from an established vendor capable and qualified to make the required repairs. 2.10 “Sanitary Code” shall mean and comprise the Rules and Regulations now or hereinafter formulated, promulgated, and adopted by the Board of Health of Livingston County pursuant to Section 347 of the New York State Public Health Law. 2.11 “State Sanitary Code” shall mean the sanitary code established by the Public Health and Health Planning Council of the State of New York. 2.12 “Violation” shall mean non-compliance or non-conformance with any provision of the Sanitary Code, State Sanitary Code or Public Health Law. Section 3. Sanitary Code. 3.1 The provisions of the Sanitary Code shall be in force throughout Livingston County. Unless otherwise required by the New York State Public Health Law or the State Sanitary Code, the enforcement of provisions of the Sanitary Code shall be subject to the restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York. The restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York shall also apply to persons actively engaged in farming operations on land not located within an agricultural district. Section 4. Interference with Notices. 4.1 No person shall remove, mutilate, or conceal any notice or placard of the Department of Health posted in or on any premises or public place except by permission of the Chief Executive Officer. Section 5. Special Provisions. 5.1 The regulations of this code shall be supplemental to the regulations, rules and orders of the Applicable Parts of the State Sanitary Code, Public Health Law, and other New York State Laws relating to public health. Section 6. Inspections. 6.1 All premises covered by the regulations of the Sanitary Code located in Livingston County shall be subject to inspection by the Chief Executive Officer or duly authorized representative. Inspections may include but not be limited to investigations, observations, interviews, review of written materials and collection of samples and testing. 6.2 No person shall refuse to allow the Chief Executive Officer or duly authorized representative to fully inspect any and all premises and no person shall molest or resist the Chief Executive Officer or duly authorized representative in the discharge of their duties. Section 7. Permits. 7.1 Applications - All applications for permits or written approval herein required shall be made upon forms prescribed and furnished by the Department of Health, and shall be signed by the applicant, who shall be the person responsible for compliance with the conditions of the permit or approval applied for, or legally authorized agent thereof. Such application shall contain or have attached thereto such date, information, documents and plans as may be required. 7.2 Permits; Nontransferable - A permit issued to a particular person or for a designated place, purpose, or vehicle shall not be valid for use by any other person, or for any other place, purpose or vehicle than that designated therein. APRIL 13, 2010 97

7.3 Permits; Conditions - Such permits or written approvals may contain general and specific conditions and every person who shall have obtained a permit or written approval, as herein required, shall conform to the conditions prescribed in said permit or written approval and to the provisions of the Sanitary Code. Each such permit shall expire on the date stated in the permit or until revoked, and may be renewed or extended by the Chief Executive Officer after due notice and review, or temporarily suspended pending a hearing. Notwithstanding the foregoing provisions, in the event that any of the terms, conditions and provisions of a permit issued or written approval granted is or may subsequently be less restrictive than the Public Health Law or the State Sanitary Code, then the more restrictive provisions of the Public Health Law or State Sanitary Code shall govern. 7.4 Permits; Property of the Department of Health - All permits issued hereunder shall remain the property of the Department of Health and shall, on demand, be surrendered to an authorized representative of the Department of Health, whenever any such permit expires, is suspended or revoked. Permits shall be posted conspicuously on the premises or carried in the vehicle for which they are issued and shall be produced on request of the Chief Executive Officer, or duly authorized representative. 7.5 Permits; Authority Not to Renew – Notwithstanding any other provision of law, the Department of Health shall not be required to issue and/or renew any license, permit or certificate of qualification, authority or operation of any business, individual or other entity if such business, individual or other entity has failed to pay any outstanding fees, civil fines or penalties assessed by the Department of Health or Board of Health for licensing or regulatory matters or is in Persistent Noncompliance. Section 8. Fees. 8.1 The Board of Health may determine and set fees for any permits issued or services provided by the Department of Health, subject to approval by the Livingston County Board of Supervisors. The fee shall be set to defray the cost of services provided in connection with the permit issued. 8.2 All fees shall be payable to the Livingston County Department of Health. Section 9. Separability Clause. 9.1 In the event that any section, paragraph, sentence, clause or phrase of this Sanitary Code shall be declared unconstitutional or invalid for any reason, the remainder of said Sanitary Code shall not be affected thereby and shall remain in full force and effect.

ARTICLE II - SEWAGE TREATMENT—INDIVIDUAL SYSTEMS Section 1. Applicability. 1.1 This article shall apply to the construction and maintenance of all individual sewage treatment systems located within Livingston County which are designed and installed to discharge sewage without admixture of industrial or other waste to the ground waters of New York State, from a dwelling designed to house less than three families, or any other establishment from which the sewage flow is determined to be less than one thousand gallons per day. Section 2. Definitions. 2.1 “Individual Sewage Treatment System” means a complete or incomplete system of piping, tanks and other facilities for the on-site collection, treatment and disposal of sewage, or other liquid wastes into the soil of one or more parcels of land (applicability defined in Section 1). 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Community Sewerage System” shall mean a system utilized for the collection and disposal of sewage or other waste of a liquid nature, including the various devices for the treatment of such waste serving more than one (1) lot whether owned by a municipal corporation or private utility.

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2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Director” shall mean the Director of the Center for Environmental Health of the Livingston County Department of Health. 2.6 “Part 75” will remain Part 75 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. 2.7 “Sewage” means human excreta or the water-carried discharge of the human body and/or the liquid wastes from residences, businesses, recreation or trade establishments or other places, without the admixture of industrial or other wastes. It is understood that sewage in this article refers only to those effluents from premises not required to have New York State Department of Environmental Conservation approval. The Livingston County Department of Health may require written verification of New York State Department of Environmental Conservation jurisdiction. 2.8 “State Standards” shall mean Appendix 75-A, Wastewater Treatment Standards—Individual Household Systems, pursuant to the authority vested in the New York State Commissioner of Health by Section 201(1)(1) of the Public Health Law. Section 3. Disposal Requirements. 3.1 No person shall discharge, or permit or cause to be discharged untreated sewage, the overflow effluent or contents of a septic tank, or other putrescible, impure, or offensive wastes into an abandoned well, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or onto the surface of the ground, unless otherwise permitted by the New York State Department of Environmental Conservation. 3.2 Where no approved community sanitary sewerage system is available, each residence provided with a water supply, plumbing fixtures, or with a receptacle to create a sanitary flow, shall be equipped with an individual sewage treatment system. Greywater systems shall not be excluded. 3.3 No permits for construction or repair of an individual sewage treatment system shall be issued for property accessible to a public or municipal sanitary sewerage system. 3.4 Any person who is engaged, in whole or part, in the business of installing septic tanks or private sewage treatment systems shall obtain approval from the Department of Health in accordance with the provisions of Section 9 of this Article. The application for such registration and approval shall be on a form prescribed and furnished by the Director. Any person who installs septic tanks or individual sewage treatment systems and who fails or refuses to register and obtain approval shall be in violation of the Sanitary Code and shall be subject to the penalties set forth in Section 4, Article I of the Sanitary Code. Any sewage treatment system installed by a non-approved installer will not be approved by the Department of Health. Section 4. Installation Permit. 4.1 The property owner or designated agent shall make application for a permit to the Chief Executive Officer for construction or installation of an individual sewage treatment system prior to the start of work. 4.2 The applications shall be made in writing on a form prescribed by the Chief Executive Officer and shall contain all pertinent information relative to the location, construction and installation of an individual sewage treatment system and any other information required by the Chief Executive Officer. 4.3 For all new individual sewage treatment systems, plans prepared by a licensed professional engineer, licensed architect or such other licensed professional deemed qualified by the New York State Education Department to design septic systems, shall be submitted to the Department of Health for review and approval, in accordance with the State Standards. A licensed professional engineer or licensed architect may be required for designing repairs to an existing individual sewage treatment system if deemed necessary by the Chief Executive Officer or designee. 4.4 No person shall construct, install, or modify an individual sewage treatment system within Livingston County without having filed for and received a written permit from the Chief Executive Officer. 4.5 An individual sewage treatment system shall be constructed or installed within two years from the date of issuance of the permit therefore except as provided in subdivision 4.6 of this section. If the individual sewage treatment system has not been constructed or installed within two years from the date of issuance of the permit, the permit shall automatically expire. No additional periods of time will be granted to the APRIL 13, 2010 99

permittee to complete his system unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time (not to exceed one year) is granted. 4.6 An individual sewage treatment system required in order to correct a violation shall be constructed or installed within 45 days from the date of issuance of the permit unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time is granted. The permittee is required to apply for the permit within two weeks of the date of the notice of violation letter issued to the permittee unless upon good cause, an additional period of time is granted. 4.7 Any person who constructs, provides, or begins construction of an individual sewage treatment system without first obtaining a permit to construct such system or facility according to the terms or conditions of the permit or approved amendments thereto is in violation of the Sanitary Code. 4.8 The Chief Executive Officer may refuse issuance of an installation permit or renewal thereof, to construct, or install an individual sewage treatment system, or, after notice and/or a hearing, revoke or suspend same, if, upon investigation and/or review of submitted information, it is determined the site does not comply with State Standards, or if false or erroneous information was furnished to acquire a permit. 4.9 The Chief Executive Officer may allow for the transfer and/or modification of a valid permit to another party upon receipt of an application by the parties seeking the transfer. The date of expiration of the permit being transferred shall not be extended except as provided in subdivision 4.5. A fee set by the Chief Executive Officer, will be charged to process such a transfer and/or modification. Section 5. Design, Construction and Installation. 5.1 All new individual sewage treatment systems shall be designed, constructed and installed in accordance with the State Standards. The specifications of any new individual sewage treatment system shall be based on the results of at least three percolation tests and one deep hole test. The Department of Health or its designated representative may be required to witness the deep hole. Additional deep hole tests may be required by the Department of Health as deemed necessary. The design flow per bedroom shall be in accordance with Section 75-A.3 of the State Standards. 5.2 A homeowner who chooses to install an aerobic unit instead of a septic tank must meet all requirements prescribed in the State Standards. 5.3 The Department of Health or its designated representative, or licensed professional engineer or licensed architect, as deemed necessary, shall be present at the site of a private sewage treatment system during final inspection. Any person who has constructed or installed a septic tank or private sewage treatment system shall also be present at the time of the final inspection. Section 6. Specific Waiver in Accordance with Part 75. 6.1 Where a violation exists and the site conditions exist which makes strict conformance with State Standards impossible or impractical, the Chief Executive Officer may waive specific code requirements. Approval or denial of such a waiver will be based upon completion and submission of a waiver application form, which must contain sufficient documentation demonstrating that the granting of such a waiver will not pose an unacceptable health and/or environmental risk. All new construction shall adhere to the State Standards and shall not be eligible for a Specific Waiver. Section 7. Inspections 7.1 A final inspection of the individual sewage treatment system must be conducted to verify correct installation in accordance with plan requirements and permit conditions. The inspection must be performed by a licensed professional engineer, a licensed architect or Department of Health representative. 7.2 No portion of the individual sewage treatment system shall be covered with soil or be placed into operation until the system has been inspected and approved by the Chief Executive Officer or designated representatives. The Chief Executive Officer may require the system to be uncovered if back filled without such authorization. 7.3 The Chief Executive Officer or representatives may make inspections during the course of construction of the individual sewage treatment system to verify compliance with this regulation.

7.4 No individual sewage treatment system shall be put into service until written approval is issued by the Chief Executive Officer and final grading of the system has been completed. The Chief Executive Officer or representatives may authorize a system’s use pending issuance of the written approval and final grading if 100 REPORT OF THE SUPERVISORS’ PROCEEDINGS

necessary to correct existing health hazards, provided a new health hazard would not be created. Approval use of an individual sewage treatment system may be granted on a conditional basis by the Chief Executive Officer or designee when final grading has not been completed due to weather conditions. A written agreement between the permittee and the Department of Health which identifies an acceptable date for completion shall be required. Section 8. Exposure or Discharge of Sewage. 8.1 It is a violation of this Sanitary Code to allow the exposure or surface discharge of sewage. No person shall maintain or operate any individual sewage treatment system, so as to expose or discharge sewage or sewage effluent there from onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or in any manner potentially hazardous to the health of others. Any individual sewage treatment system so maintained or operated shall be corrected to prevent the exposure or discharge of sewage or sewage effluent onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer, drain or roadside ditch or hazard to the health of others. The provisions of this Section shall not apply to those discharges of sewage effluents duly approved and permitted under Article 17 or the Environmental Conservation Law. Section 9. Installers of Individual Sewage Treatment Systems. 9.1 No person shall install an individual sewage treatment system in Livingston County unless there is a valid permit issued by the Chief Executive Officer pursuant to this article. 9.2 All installers of individual sewage treatment systems must obtain approval from the Livingston County Department of Health. To obtain approval an Installer must demonstrate the ability to install individual sewage treatment systems in accordance with State Standards, as that term is defined in the Sanitary Code. An installer must also demonstrate ability to install individual sewage treatment systems by providing the Department of Health with a list of previously installed and approved individual sewage treatment systems or by other relevant experience in installing individual sewage treatment systems. 9.3 All installers agree to be subject to performance checks by the Department of Health. An Installer’s approval may be revoked by the Department of Health if it is determined that the Installer is not complying with Article II of the Sanitary Code of The County of Livingston or State Standards. 9.4 Approvals shall be valid for a three year period and may be renewed if the Installer demonstrates compliance with Sections 9.1 and 9.2 herein and continued successful system installations. 9.5 An Installer, after obtaining approval to install an individual sewage treatment system, shall install the system according to the installation permit and all conditions contained within the permit. 9.6 An Installer shall cease installation if it is determined that the system cannot be installed according to the permit and Part 75-A Standards and shall immediately contact the Livingston County Department of Health and the design engineer to discuss acceptable design changes to reach compliance with the permit and applicable regulations. 9.7 The Department of Health, its designee or design engineer will serve as a consultant to the Installer should a question/problem occur on site regarding the installation of the system. All Installers must have the ability to adjust the individual sewage treatment system in accordance with any suggested changes by the consultant. 9.8 An Installer shall be present during the final inspection. 9.9 If additional field visits are required (excluding initial percolation test and initial final inspection), the Installer will be billed at $25 per visit. 9.10 Any individual sewage treatment system installed by a non-approved Installer will not be approved by the Livingston County Department of Health. Section 10. Sewage Treatment System Cleaners. 10.1 Collection, transportation and final disposal of material removed, drained or flushed from sewage treatment systems shall be performed in a safe, sanitary manner and in accordance with the New York State Environmental Conservation Law, Section 27-0301 et seq. and Part 364 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

ARTICLE III - NUISANCE ABATEMENT

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Section 1. Definitions 1.1 Approved Disposal Area shall mean a specific area, site or location operated under a permit or approval of the New York State Department of Environmental Conservation or a location using a generally acceptable method of waste management. 1.2 A Public Health Nuisance is a condition that causes a common injury adversely affecting the health and/or safety of the residents of the local community. 1.3 Offensive Material as used in this Article means any offal, sewage, fecal matter, urine, refuse, rubbish, garbage, dead animals, meat wastes, body fluids, or any putrescible matter or any solid, liquid or gaseous material which the Chief Executive Officer or designee determines may be dangerous to or adversely affect health. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the transmission of communicable diseases to residents of Livingston County by preventing exposure to sources or potential sources of such diseases. It is the policy of the Livingston County Department of Health to prevent or have abated all public health nuisances that may be detrimental to the life and health of the citizens of Livingston County. 2.2 Any person who causes a Public Health Nuisance or condition that may adversely affect health to occur is in violation of the Sanitary Code of Livingston County Section 3. Filing Complaints 3.1 Complaints shall be received in any form so that prejudice with regard to literacy, language, religion, ethnicity or other cause may be avoided. Complaints must include a description of the concern or incident, a description of the public health impact and other relevant information such as the location or facility so that the person who may be responsible for the public health nuisance can be identified. 3.2 Complaints shall be evaluated as to their merit, cause for, and source to determine their validity. Complaints determined to be valid shall be provided to the Public Health Director or designee to determine if an investigation is warranted. Section 4. Investigation 4.1 Whenever any establishment, building, premises, place of business or residence becomes or is maintained or operated in such a manner so as to emit, discharge, dispose, release or cause an accumulation of Offensive Material that would constitute a Public Health Nuisance, may adversely affect health or is the cause of a nuisance elsewhere, the situation shall be investigated. 4.2 An investigation may be conducted in response to a complaint or when the Chief Executive Officer or designee becomes aware of a condition that may adversely affect health. 4.3 The Chief Executive Officer, or designee, may enter to investigate upon or within any building, premises or place where public health nuisances or conditions identified in a complaint that may affect health are known or believed to exist, or which are the cause of public health nuisances known or believed to exist elsewhere. 4.4 The investigation may include visual observation, conducting tests, and the collection of materials for testing, and/or the review of documentation on or off of the premises related to the public health nuisance. 4.5 The results of the investigation shall be documented in a written statement describing the findings of the investigation, testing or review conducted in response to the complaint. 4.6 The documentation shall indicate: the date and time of the investigation; the conditions found; cite the regulations that were violated; contain a sufficiently descriptive statement to support a conclusion of whether a public health nuisance or a condition that may adversely affect health exists at the location or has been caused to exist elsewhere. The health official performing the investigation shall also document actions, if any, already taken to abate the condition and indicate if the nuisance has been abated by the actions taken. Section 5. Abatement 5.1 The Chief Executive Officer or designee shall evaluate the complaint and investigation results to determine if a Public Health Nuisance or a condition that may adversely affect health continues to exist. If the condition requires further abatement, the Chief Executive Officer or designee shall order its abatement through the delivery of a Repair Order to the owner, operator or person responsible for causing the Public Health Nuisance. The abatement of a nuisance or condition that may adversely affect health shall be completed within 72 hours of receipt of the Repair Order, or the time allowed in the Repair Order. 102 REPORT OF THE SUPERVISORS’ PROCEEDINGS

5.2 Abatement shall be the responsibility of the operator of the facility, owner of the premises or person responsible for causing the condition in need of abatement. All costs for abatement shall be borne by the responsible person, operator or owner. 5.3 The actions of abatement shall include the removal and proper disposal in an approved disposal area of the Offensive Material. The area where the Offensive Material was staged, released or traveled to will also be abated and/or decontaminated, if deemed necessary by the Public Health Director or designee, to remove the potential for remaining residues to result in conditions that may adversely affect health. 5.4 If abatement is not conducted within 72 hours, or the time allowed in the Repair Order, the Chief Executive Officer shall issue a summons and notice of citation for the owner, operator, and or the person responsible for causing the public health nuisance to appear at a Formal Hearing to answer to the charges against them. Section 6. Control of Offensive Material 6.1 Any person who generates, stores, or holds Offensive Materials on or in any premises shall ensure that the material is stored or handled in a manner that will not result in creation of a nuisance or adversely effect health. No person, operator or facility shall store any Offensive Material in any place or in any building or structure unless the material is treated, screened, covered, or placed so as not to create a nuisance or adversely effect health. All structures or containers for storage shall completely confine the material and hold it without a release. All containers for storage or staging shall be kept in a sanitary condition. 6.2 Offensive Materials shall not be deposited, thrown, discharged, dumped or otherwise allowed to enter into streams, ponds or other bodies of water or onto the surface of the ground or into the ground or groundwater, except in such a manner which is consistent with any and all applicable Federal, State and Local laws rules, regulations, and ordinances. 6.3 No person, operator, or owner shall remove or transport or permit the removal or transport of any Offensive Material except in a manner which is consistent with any and all applicable Federal, State and Local laws, rules, regulations and ordinances and in such a manner that will prevent the creation of a nuisance or condition that may adversely affect health. All materials shall be handled, packaged, covered, or treated so that it cannot escape or be accessible to vectors and vermin or create a public health nuisance, or condition which may adversely affect health. 6.4 All dead domestic or farm animals shall be buried, or disposed of in a sanitary manner by the owner, operator, or person responsible for the animal, within 72 hours of its death or after its carcass has been discovered, except as otherwise regulated by Article 26 of the Agriculture and Markets Law of the State of New York. Section 7. Liability 7.1 Any person, operator or owner that has caused a release of Offensive Material or is holding, staging or storing Offensive Material that is causing a nuisance or may adversely affect health shall be liable for all costs associated with the clean-up, removal and disposal of Offensive Materials. 7.2 If the owner, operator, or person responsible for the release, holding, staging or storage of Offensive Material does not complete abatement within the time allowed by the order of the Chief Executive Officer or designee, to protect the health and safety of the public, the Department of Health may take whatever action is deemed appropriate to remediate and abate the condition. Any and all costs incurred in the course of abatement shall be the responsibility of the owner, operator or person responsible for creating the public health nuisance. Section 8. Condemnation 8.1 Whenever it is found by the Chief Executive Officer or designee, that a residence, place of business or part thereof has become unsanitary and may adversely affect health or is unfit for human habitation or other type of occupancy, the premises will be considered to be a public health nuisance. The Chief Executive Officer may issue a Repair Order requiring the occupant, operator, or owner to abate the nuisance or condition that may adversely affect health by placing the residence or place of business into a habitable and sanitary condition within a time period specified by the Chief Executive Officer or designee. 8.2 Upon failure of the occupant, operator, or owner, or agent thereof to comply with such Repair Order, the Chief Executive Officer or Board of Health may issue an additional order, to be affixed conspicuously upon the residence or place of business, to discontinue its use at such a time as identified in the order, until the time that the residence or place of business or part thereof can be placed in a sanitary and habitable condition and the nuisance abated. APRIL 13, 2010 103

8.3 Upon failure of such a residence or place of business to be vacated within the time specified, the Chief Executive Officer or Board of Health may issue a warrant to the Livingston County Sheriff, directing that such residence or place of business be vacated until such time as the nuisance is abated, and the Livingston County Sheriff shall forthwith execute such warrant pursuant to the law.

ARTICLE IV - RABIES CONTROL Section 1. Definitions 1.1 "Confinement and observation" refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic livestock, which are not exhibiting symptoms of rabies, must be maintained if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. The ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm for an animal not actively immunized against rabies at the time of the bite. The Chief Executive Officer or designee may allow home confinements and observation for animals actively immunized. Confinement and observation includes verification by the Chief Executive Officer or designee both during and at the end of the ten day period that the animal cannot or has not escaped and has remained healthy. 1.2 "Quarantine" refers to a six month period of restriction for animals, which are not actively immunized against rabies and have been exposed to a potentially rabid animal, in accordance with applicable regulations of the department. The quarantine must include provisions to prevent escape of the animal during the quarantine period and to minimize contacts with humans and other animals, and these provisions must be verified by the county health authority during and at the end of the six month period. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of rabies to residents of Livingston County by preventing exposure to animals that have been ordered to be confined or quarantined and have been found not properly quarantined or confined. Section 3. Inspection 3.1 In accordance with New York State Sanitary Code Part 2.14, inspection of animals ordered to be confined or quarantined shall be conducted during the confinement or quarantine periods. 3.2 In accordance with the provisions of the New York State Sanitary Code and Sanitary Code, the Livingston County Department of Health may make inspections to determine compliance with applicable provisions of the sanitary code. Section 4. Seizure 4.1 Any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Any duly appointed person who seizes, confines, or destroys a dog, cat or domesticated ferret pursuant to this section shall immediately report in writing the facts relating thereto to the Chief Executive Officer or designee.

ARTICLE V – FOOD SERVICE ESTABLISHMENTS Section 1. Training 1.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of communicable diseases to residents of Livingston County by reducing the potential for exposure at facilities under the regulation of the Livingston County Department of Health. 1.2 To reduce the potential for the transmission of communicable diseases to residents of Livingston County and visitors to regulated food service establishments in Livingston County, it shall be required that at least one employee of every regulated food service establishment shall have a current certificate of training from a food service training program approved by the Livingston County Department of Health. The receipt of a training certificate shall be based upon attendance at an approved course and achieving a passing grade on testing associated with the course. 1.3 A training certificate shall be obtained within six months of opening a new food service establishment.

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Section 2. Posting 2.1 To communicate correct practices for food or utensil handling and assist in the continued implementation of those practices, posters identifying the desired handling methods shall be posted at each food service establishment. The posters will be provided by the Livingston County Department of Health and must be placed in a location readily observable by food service workers during their work activities.

ARTICLE VI - ENFORCEMENT

Section 1. Enforcement. Civil and Criminal Penalties; Hearings; Procedures. 1.1 It shall be the duty of the Board of Health, or their authorized designee, to enforce the provisions of the Public Health Law, the applicable parts of the State Sanitary Code and the Sanitary Code and the Board of Health shall have such powers and duties as conferred upon it by the provisions of the Public Health Law or New York State. 1.2 Pursuant to the provisions of the Public Health Law, the Board of Health, or their authorized designee, may: (i) issue subpoenas which shall be regulated by the Civil Practice Law and Rules; (ii) compel the attendance of witnesses; (iii) administer oaths to witnesses and compel them to testify; (iv) issue warrants to any peace officer in the County or a municipality within the County to apprehend and remove any person or persons as cannot otherwise be subjected to their orders and regulations, and to the Sheriff of Livingston County to bring to its aid the power of the County whenever it shall be necessary to do so; (v) issue repair orders; and (vi) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the provisions of the Sanitary Code, or any of the provisions of the State Sanitary Code, after holding a hearing thereon. Such penalties shall not exceed one thousand dollars ($1,000) for each violation to be sued for and recovered by the Board of Health, or their authorized designee, in any court of competent jurisdiction. Nothing herein contained shall be construed to exempt an offender from any other prosecution or penalty provided by law. 1.3 Every warrant issued by the Board of Health, or their authorized designee, shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly executed out of a court record of the State. 1.4 Nothing contained in this Section shall be construed to alter or repeal any existing provisions of law declaring such violations or any of them misdemeanors or felonies or prescribing a penalty therefore. 1.5 Pursuant to the provisions of Section 348 of the Public Health Law: (i) provisions of the Sanitary Code shall have the force and effect of law. (ii) certified copies of the Sanitary Code shall be received in evidence in all courts and proceedings in New York State. 1.6 Hearings. The Board of Health, or their authorized designee, may cause to have issued and served upon the person complained against a written notice, together with a copy of the complaint made against him, which shall specify the provisions of the Code, Rule or Regulation of which such person is said to be in violation and a statement of the manner in which that person is said to violate it and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of Health, or their authorized designee, or its designated hearing officer at a time not less than fifteen (15) days after the date of service of notice.

The Board of Health, or their authorized designee, may serve, together with a copy of the complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation with the Department of Health, agreeing to correct the violations set forth in the complaint under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing.

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1.7 Complaints; Conduct of hearings. (i) The respondent to such complaint may file a written answer thereto and shall appear at such hearing in person with or without counsel, and may submit testimony, or may do both. (ii) The Board of Health may issue subpoenas and administer oaths in connection with any hearing or investigation under and pursuant to this Article, and it shall be the duty of the Board of Health for such purposes to issue subpoenas at the request of and upon behalf of the respondent requiring the attendance of witnesses and the production for examination of any book or paper relating to the matter at any hearing or investigation. (iii) The testimony at the hearing shall be under oath and recorded. 1.8 Order or Determination. After due consideration of the written and oral statements, the testimony and arguments that shall be submitted under the provisions of sub-section 1.7 above, or default in appearance of the respondent on the return day which shall be specified on the notice given in subsection 1.6 above, the Board of Health, or their authorized designee, or designated Hearing Officer may issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall notify the respondent thereof in writing by certified mail or by personal service. 1.9 Review. Any final order or determination or other final action by the Board of Health, or their authorized designee, or designated Hearing Officer and the validity or reasonableness of any code, rule or regulation of the Board of Health shall be subject to review as provided in Article 78 of the Civil Practice Law and Rules. SECTION TWO – All prior enactments of the Sanitary Code of the County of Livingston are hereby repealed. SECTION THREE – This Local Law shall be effective upon filing with the New York State Department of Health and the New York State Secretary of State. Dated at Geneseo, New York April 13, 2011 (Introduction)

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-113 APPROVING ABSTRACT OF CLAIMS #4A – APRIL 13, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #4A dated April 13, 2011 in the total amount of $2,648,854.54. Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

COMMITTEE OF THE WHOLE Mr. Yendell moved and Mr. Schuster seconded to move the proposed resolution to the table for a vote. Carried. Chairman Merrick asked the Clerk to read the following resolution: RESOLUTION NO. 2011-114 RECOGNIZING SENATOR DALE M. VOLKER FOR HIS COMMITMENT TO LIVINGSTON COUNTY WHEREAS, Senator Dale M. Volker was the third generation Volker to hold public office—his grandfather, William Volker was Finance Officer for the City of Buffalo, and his father Julius served in the NYS Assembly; and WHEREAS, Senator Volker was born in the Village of Lancaster; attended St. Mary’s Elementary and High Schools in Depew; attended Niagara University and graduated from Canisius College in 1963; and WHEREAS, following graduation, Senator Volker worked full time as a police officer in the Village of Depew while studying law at the University of Buffalo. Upon graduation, he continued to serve with the Depew Police Department for six years. Throughout his law enforcement career, he was a member of the Depew Police Benevolent Association, the Western New York Police Association and the New York State PBA; and WHEREAS, Senator Volker is an active member of his community serving as Chairman of the Catholic Charities Appeal, Director of United Way and a member of Erie County Bar Association, Elks, Moose, Eagles, Board of Regents of Canisius College, and Board of Trustees of St. Mary’s High School; and 106 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, Senator Volker was first elected to the State Assembly in 1972 and in 1975 won a special election to the State Senate; and WHEREAS, Senator Volker served as Chairman of the Codes Committee which played a major role in shaping criminal justice policy in New York State; championed numerous issues that protected women and children from domestic violence; supported local libraries, fire companies, youth courts, boys and girls clubs and veteran groups and worked to retain existing jobs and attract new industry; and WHEREAS, Senator Volker secured funding for the 1941 Historical Museum, helped bring the Barilla Plant to Avon, New York, secured funding to modernize the County Clerk’s Office, secured funding for the East Lake Road Project; was a staunch supporter of the SUNY system and secured funding for the Science Building at SUNY Geneseo; and WHEREAS, Senator Volker has served the constituents of the 59th Senate District with dignity and integrity, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby recognizes Senator Dale M. Volker for his 35 years of sincere, dedicated and outstanding commitment to Livingston County. Dated at Geneseo, New York April 13, 2011 Committee of the Whole The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

PRIVILEGE OF THE FLOOR 1. RECOGNITION OF FORMER SENATOR DALE M. VOLKER – CHAIRMAN JAMES C. MERRICK & COUNTY ADMINISTRATOR IAN M. COYLE Chairman Merrick asked former Senator Dale M. Volker to join him and the County Administrator at the podium. The audience provided a standing ovation. Chairman Merrick stated on behalf of the Board of Supervisors, we appreciate everything you have done for the County and the district you served. Chairman Merrick and County Administrator Coyle presented the former Senator with a certified copy of the foregoing resolution and a Boliva clock that had a plaque on the back of the clock that read: In Honor of Senator Dale M. Volker, County Seal, 1975-2010 With Sincere Appreciation for Dedicated and Outstanding Service to Livingston County 59th Senate District. Former Senator Volker thanked the Board and stated he was proud to have served the State Legislature for 38 years and that it is hard to imagine so much time has gone by. He explained he was talking to his wife about whether he should run again, and his wife indicated they had been married for 40 years and asked if it was time to give her a couple years. He stated he is practicing law again on a part-time basis and commented he does miss many of the people and a lot of the people are right here in this Board Assembly Room. The Senator stated that from day one, Livingston County has always treated him very well and in fact he added Livingston County was always the ace in the hole even if everything else collapsed around us. He stated he deeply appreciates and never will forget all the kindness given to him, and he commented he was happy he was able to do something for Livingston County. The audience provided another standing ovation.

2. PAT ROUNTREE & FRANK BASSETT, CO-CHAIRS OF THE LIVINGSTON COUNTY EMPLOYEE UNITED WAY CAMPAIGN – FINAL RESULTS Ways and Means Chairman Daniel Pangrazio granted Privilege of the Floor. Frank Bassett stated he was pleased to come before the Board to provide the final results of the employee United Way Campaign. He thanked the Departmental Campaign Coordinators of this year’s campaign: Sheriff’s Department – Karen George and Amy DeGraff Department of Motor Vehicle – Kathy Olson and Michele Post Department of Social Services – Michele Davidson Center for Nursing & Rehabilitation – Leroy Wood and Linda Bugbee Department of Health – Alise Rounsville Highway – Elaine Szoczei-Brehm

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F. Bassett indicated he and Patrick Rountree were this year’s county Co-Chairs and in recognition of this year they received gift certificates to award contributors in a drawing. Applebees – Phyllis Applin, Sheriff’s Department Wegmans – Crystal Davis, DSS Walmart – Nita Hawkins, Workforce Development

P. Rountree stated when the campaign was underway, he and F. Bassett made remarks that this would be another very difficult year; however, he indicated they were very proud that not only did they rise to the challenge but blew it away. Department of Social Services was up 14% - donated $5,530 Sheriff’s Department up 73% - donated $2,062 Center for Nursing & Rehabilitation up 93% - donated $10,090 County Clerk 100% participation – donated $1,522 Department of Health up 37% - donated $2,399 Highway – donated $1,600

P. Rountree stated this year’s goal was $30,000 and we exceeded the goal by 23% with a grand total of $36,370.84. P. Rountree stated that everyone who works for Livingston County and the Board of Supervisors deserves a round of applause. He added the County Campaign will continue until June 1, 2011, and he asked that everyone encourage others to donate. F. Bassett acknowledged and thanked Karen Rumfola of United Way for the support she has provided during this campaign.

3. PLANNING DIRECTOR ANGELA ELLIS & CHAIRMAN OF EMC ERIC GRACE - SPECIAL ENVIRONMENTAL RECOGNITION AWARDS FOR THE PROTECTION OF HEMLOCK AND CANADICE LAKES Public Services Chairman Gerald Deming granted Privilege of the floor. Angela Ellis provided the following remarks: Thank you, Mr. Merrick. Good afternoon: It is with pleasure and honor that I join Mr. Eric Grace, Chairman of the Livingston County Environmental Management Council, to recognize the organizations and individuals whose significant effort, dedication and commitment created NYS environmental history last year with the permanent protection of Hemlock and Canadice Lakes. Of the 11 Finger Lakes, Hemlock and Canadice lakes are the only two whose shorelines are nearly undeveloped. And now, because of a broad partnership between the City of Rochester, New York State, conservation organizations and local communities, these two Finger Lakes are permanently protected by the State of New York. The permanent protection of these Lakes will keep them in their natural, forested state, and provide a continuous source of clean drinking water and recreational opportunities for residents and visitors alike. Mr. Grace and I would like to introduce and recognize: On behalf of the Town of Conesus: Supervisor Brenda Donohue Representing the Town of Livonia: Supervisor Eric Gott Representing the Town of Springwater: Supervisor Norbert Buckley On behalf of the City of Rochester: Commissioner of Environmental Services, Paul Holahan and Bob Morrison, Director of the Bureau of Water On behalf of the New York State Department of Environmental Conservation: Region 8 Director Paul D’Amato On behalf of the Coalition for Hemlock and Canadice Lakes: Founder Steve Lewandowski On behalf of the Nature Conservancy: Treasurer of the Board of Trustees, Sue van der Stricht And on behalf of the Rochester Regional Group of the Sierra Club: Linda Isaacson Fedele, Chairperson of the Rochester Region of the Sierra Club and Executive Committee Member and Conservation Committee Chair, Hugh Mitchell Eric Grace provided the following comments: 108 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 For over 130 years, Rochester has utilized the water from Hemlock and Canadice lakes as its primary drinking water source.  In 1895, the City recognized the value of protecting the source of its public water supply, and began acquiring watershed property adjacent to the lakes. The City acquired 7,100 acres in total. Cottages and houses were removed. Agricultural land was replanted to forest.  In the 80’s, the US Environmental Protection Agency required the City of Rochester to build a water filtration plant. This brought about concern from local citizens and conservation groups that the City would allow development of its land. As result, these groups and dedicated individuals worked persistently and continually to advocate for the preservation of these lands.  In 1993, the lakes were identified as a “high priority” on the state’s Open Space Conservation Program. Additionally, since 2002, the Nature Conservancy acquired easements for 1,000 acres in the watershed and continues its efforts today to secure more.  Through persistent efforts and collaborative effort, in June 2010, using NYS Environmental Protection Funds, the State purchased 7,000 acres of the City’s lands at Hemlock and Canadice Lakes, officially designating them as the Hemlock-Canadice State Forest. Today, the Hemlock-Canadice State Forest is managed for multiple benefits to serve the needs of the people of this County and New York. Sustainable management practices ensure a diversity of wildlife habitats, compatible recreational opportunities and clean water. The Hemlock-Canadice State Forest offers a serene atmosphere, with their steep forested shorelines guarding the deep clear water, and gives visitors a glimpse of the past when all of the Finger Lakes were wild lakes. Truly the protection of these lakes creates a lasting legacy that all should be proud of. Thank you! We would like to ask Chairman Merrick and County Administrator Ian Coyle to join us in handing out the special environmental recognition award plaques in acknowledgement of this achievement. Chairman Merrick and County Administrator Ian Coyle assisted in presenting the plaques to the individuals mentioned above. Executive Committee Member and Conservation Committee Chair Hugh Mitchell thanked the Board of Supervisors and EMC on behalf of the Sierra Club for the award. He commented on the preservation of the watershed and is hopeful that preservation efforts would continue. He talked about the history of Hemlock and Canadice Lakes and their environmental significance to the region as an important natural resource and public drinking water supply for the City of Rochester. He acknowledged several professors and individuals that advocated for the protection of the lakes. Treasurer of the Board of Trustees Sue van der Stricht read a speech on behalf of Jim Howe of the Nature Conservancy. She indicated this project is a great example of public and private partnership, and she acknowledged the Sierra Club. She stated that the Towns of Conesus, Livonia and Springwater and other entities have been trying to protect Hemlock and Canadice Lakes for 15 years because they know how important it is. She commended the Sierra Club for its ongoing efforts and perseverance. She indicated that the protection of the lakes was of personal significance because one of the trails, Rob’s Trail, is dedicated to her husband. New York State Department of Environmental Conservation Region 8 Director Paul D’Amato thanked the Board of Supervisors and EMC for the recognition. He acknowledged Randy Nemecek, Natural Resources Supervisor; Dave Major, Real Property Supervisor; and John Gibbs, Forester, who were in the audience, and also those in Albany that played a part in making this project successful. He commented it was very gratifying to work on this project because it was so unique and long lasting. Virtually everyone wanted to see this happen. Director of the Bureau of Water for the City of Rochester Bob Morrison thanked the Board of Supervisors and County Administrator for the plaque and stated it is very much appreciated. He stated the Former City Mayor and now Lieutenant Governor Robert Duffy has indicated this project was one of his most important accomplishments. This project would not have been accomplished without the cooperation among the NYS DEC, the City of Rochester and the Towns. Chairman Merrick stated congratulations to each and every one of you.

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RESOLUTION NO. 2011-115 PROCLAIMING THE WEEK OF MAY 8-14, 2011 AS NURSING HOME WEEK IN LIVINGSTON COUNTY IN CELEBRATION OF OLDER AMERICANS’ MONTH 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 level of physical function in periods of infirmity; and WHEREAS, nursing homes at the local, state and national level provide skilled nursing and rehabilitative care for injured, disabled, or sick persons who require chronic or restorative nursing care; and WHEREAS, the nursing homes in Livingston County provide a high quality of care and services to meet the needs of Livingston County residents and the greater community, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors proclaims May 8-14, 2011 as Nursing Home Week in honor of the valuable contributions Livingston County’s nursing homes and their staffs make to the quality of life of our county. Dated at Geneseo, New York April 13, 2011 Human Services Committee

RESOLUTION NO. 2011-116 PROCLAIMING THE WEEK OF MAY 6-12, 2011 AS NURSES WEEK WHEREAS, the delivery of the best quality nursing care to all residents is the function of the Livingston County nursing staff; and WHEREAS, the Livingston County Board of Supervisors salutes the LPNs, RNs, Nurse Practitioners, MSNs, and Nurse Administrators for their leadership and contributions to the health care of Livingston County residents; and WHEREAS, the nurses in “our neighborhoods” are employed in a variety of areas where their expertise in community resources, skilled nursing, and specialized services are utilized; and WHEREAS, the Adult Day Health Care, Center for Nursing and Rehabilitation, Home Care, Hospice, Immunization Clinics, Livingston County Jail, Mental Health, Office for the Aging, Prevent Team, Strong Memorial Hospital, WIC Program, and the Reproductive Health Center, are the “neighborhoods” where nurses provide care to children, adolescents, adults, seniors, the sick, and the terminally ill; now therefore be it RESOLVED, that the Livingston County Board of Supervisors recognizes the contributions of Livingston County’s nursing staff, and does hereby proclaim the week of May 6-12, 2011 as Nurses Week. Dated at Geneseo, New York April 13, 2011 Human Services Committee

RESOLUTION NO. 2011-117 PROCLAIMING THE WEEK OF MAY 15-21, 2011 AS EMERGENCY MEDICAL SERVICES WEEK 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; now therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby declare the week of May 15-21, 2011 as Emergency Medical Services Week in Livingston County to honor EMS personnel, techs, nurses, and physicians who serve their community through ambulance corps and in the emergency rooms in Livingston County. Dated at Geneseo, New York April 13, 2011 Human Services Committee

RESOLUTION NO. 2011-118 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. F - 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on April 13, 2011, a proposed Local Law entitled Local Law No. F – 2011 Sanitary Code of the County of Livingston, 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 April, 2011 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 110 REPORT OF THE SUPERVISORS’ PROCEEDINGS 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 April 13, 2011 Human Services Committee

RESOLUTION NO. 2011-119 RECOGNIZING THE 150TH ANNIVERSARY OF THE CIVIL WAR THROUGHOUT 2011 – 2015 WHEREAS, April 12, 2011 marks the 150th anniversary of the attack on Fort Sumter and the beginning of the Civil War; and WHEREAS, the sesquicentennial of this event is cause for commemoration and reflection in an appropriate manner befitting this hallmark event in American history; and WHEREAS, more than 3,000 men from Livingston County left their families and work behind to answer the call for duty for the preservation of the Union between 1861–1865; and WHEREAS, many soldiers lost their lives or returned to this area suffering the effects of the war and its aftermath having served courageously for the Union cause; and WHEREAS, men, women, and children on the home front also endured tremendous hardship and contributed generously to benefit their communities and the Union cause; now, therefore, be it RESOLVED, that in observance of the four-year 150th anniversary of the Civil War, the Livingston County Board of Supervisors in patriotic tradition, recognizes the importance of honoring all those from Livingston County who served in battle and on the home front during this war and acknowledges the immeasurable sacrifices that helped to preserve freedom. Dated at Geneseo, New York April 13, 2011 Public Services Committee

RESOLUTION NO. 2011-120 REAPPOINTING MEMBERS TO THE LIVINGSTON COUNTY PLANNING BOARD – BARRY INGALSBE, TIM BRINDUSE RESOLVED, that the following members are hereby reappointed to the Livingston County Planning Board for the term designated: Name Address Title/Representing Term Livingston County Planning Board Barry Ingalsbe 2036 Michigan Avenue, Lima, NY Village of Lima 1/01/11 - 12/31/2013 Tim Brinduse 67 Main Street, Dansville, NY Village of Dansville 1/01/11 - 12/31/2013 Dated at Geneseo, New York April 13, 2011 Public Services Committee

RESOLUTION NO. 2011-121 REAPPOINTING MEMBER TO THE FISH AND WILDLIFE MANAGEMENT BOARD - ROBERT ESTES RESOLVED, that the following member is hereby reappointed to the Fish and Wildlife Management Board for the term designated: Name Address Rep./Title Term Fish and Wildlife Management Board Robert Estes 90 Maxwell Station Rd., Caledonia, NY 14423 Landowner Rep. 1/1/11-12/31/12 Dated at Geneseo, New York April 13, 2011 Public Services Committee

RESOLUTION NO. 2011-122 REAPPOINTING MEMBER TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD –CHRISTOPHER PERO APRIL 13, 2010 111

RESOLVED, that the following member is hereby reappointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board Christopher Pero 5318 Ossian Hill Rd, Dansville, NY 14437 Ossian Member 1/1/11-12/31/13 Dated at Geneseo, New York April 13, 2011 Public Services Committee

RESOLUTION NO. 2011-123 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. E - 2011 IMPOSING A FEE FOR ATTENDING VICTIM IMPACT PANELS WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on April 13, 2011, a proposed Local Law entitled Local Law No. E – 2011 Imposing A Fee For Attending Victim Impact Panels, 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 April, 2011 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 April 13, 2011 Public Services 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. Martello and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-124 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF MENTAL HEALTH: LIVINGSTON-WYOMING COUNTY CHAPTER NYSARC Mr. Yendell 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 contract(s) for the Livingston County Department of Mental Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston-Wyoming County Chapter NYSARC 1/1/11-12/31/11 $20,000.00 18 Main Street Mt. Morris, NY. 14454 For Sheltered Workshop Training and Employment. Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-125 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: NEW YORK STATE DEPARTMENT OF HEALTH, MARIA BENZONI 112 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Department of Health 10/1/10-9/30/11 $37,971.00 Div. Family Health, Fiscal Unit Donna Hoinski, Health Program Adm. ESP, Corning Tower, Room 878 Albany, NY 12237-0657 For: Childhood Lead Poisoning Prevention Program Maria Benzoni 1/1/11-12/31/15 Per NYS Reimbursement Rates PO Box 31 Geneseo, NY 14454 For: Approved Provider of Early Intervention & Medical Social Work Services Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-126 AUTHORIZING THE PUBLIC HEALTH DIRECTOR OF THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH TO SIGN A CONTRACT WITH THE COMMISSIONER OF THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES Mr. Yendell presented the following resolution and moved its adoption: RESOLVED, that the Public Health Director of the Livingston County Department of Health is hereby authorized to sign the following contract with the Commissioner of the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Livingston County Department of Social Services 1 Murray Hill Drive Mt. Morris, NY 14510 For: Early Intervention Cooperative Agreement Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-127 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: THE BONADIO GROUP, CATHOLIC FAMILY CENTER, DONATED FUNDS AGREEMENT & VARIOUS EMPLOYERS Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount The Bonadio Group 1/1/11-12/31/11 $21,210.00 171 Sully’s Trail Pittsford, NY 14534 For: Compliance Consulting Services Catholic Family Center 1/1/11-12/31/11 Various Rates APRIL 13, 2010 113

87 North Clinton Avenue Rochester, NY 14604 For: Guardianship Services Donated Funds Agreement 7/1/11-6/30/12 For: Agreement authorizing DSS to accept donated funds from private sources to provide the local share of Preventive Services. Various Employers 9/1/10-9/30/11 $12,406.00 For: Transitional Employment Program Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-128 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY OFFICE FOR THE AGING: LIVINGSTON HEALTH CARE SYSTEMS, SUSAN SCHELL, R.D., GENESEE VALLEY HEALTH PARTNERSHIP, PEERPLACE, LLC., ARC OF LIVINGSTON-WYOMING COUNTY Mr. Yendell 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 contract(s) for the Livingston County Office for the Aging, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston Health Care Systems 4/1/11-3/31/12 $96,050.00 Noyes Hospital 111 Clara Barton St., Dansville, NY 14437 For: Community Services for the Elderly, and Expanded In-Home Services for the Elderly Susan Schell, R.D. 4/1/11-3/31/12 $24,960.00 3408 South Main Street Warsaw, New York For: Registered Dietician services Genesee Valley Health Partnership 10/1/10-3/31/12 $77,233.00 P.O. Box 545 Dansville, N.Y. 14437 For: Monitoring and maintenance of the NY Connects Program, ABVI call center and transitional case management services PeerPlace, LLC 4/1/11-3/31/12 $13,437.00 300 Main Street, suite 4-205 East Rochester, New York For: Web-based data service that meets State and Federal reporting compliance ARC of Livingston-Wyoming County 4/1/11-3/31/12 $4,605.00 18 Main Street Mt. Morris, New York 14510 For: Assisted transportation Services Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-129 AMENDING RESOLUTION 2010-374 AND AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING 114 REPORT OF THE SUPERVISORS’ PROCEEDINGS

CONTRACT (S) FOR THE LIVINGSTON COUNTY COMMUNITY INITIATIVES COUNCIL: CATHOLIC CHARITIES OF LIVINGSTON COUNTY Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, resolution 2010-374 authorized various contracts to be signed for Livingston County Community Initiatives Council, and WHEREAS, resolution 2010-374 referenced one incorrect contract amount necessitating a revised resolution; now therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for Livingston County and the Community Initiatives Council, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Catholic Charities of Livingston County 10/1/10-9/30/11 $33,000.00 34 East State St. Mt. Morris, N Y14510 For: Help Works Program including additional funds for Child Care Dated at Geneseo, New York April 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-130 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY BOARD OF ELECTIONS: NEW YORK STATE BOARD OF ELECTIONS Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Board of Elections 04/01/07-03/31/12 $12,576.90 40 Steuben Street Albany NY 12207 For: Reimbursement of supplies purchased Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-131 AWARDING BID FOR THE CENTRAL SERVICES DEPARTMENT FOR THE PURCHASE OF FOUR (4) AERCO BENCHMARK 2.0 BOILERS – R.P. FEDDER CORPORATION Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for the purchase of four (4) Aerco Benchmark 2.0 Boilers, two bids were received and opened on February 28, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount R.P. Fedder Corporation $169,900.00 740 Driving Park Avenue Rochester, NY 14613 For: This is for the purchase of four (4) Aerco Benchmark 2.0 Boilers Dated at Geneseo, New York April 13, 2011 APRIL 13, 2010 115

Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-132 AUTHORIZING EXTENSION OF SNOW AND ICE AGREEMENT BETWEEN NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND LIVINGSTON COUNTY THROUGH THE 2012-2013 SEASON Mr. Deming 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 2012-2013 season, and WHEREAS, each Municipality involved in this Contract has agreed to said extension, 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 the following Agreement affecting such extension and modification, subject to review by the County Administrator and County Attorney: Contractor Term Amount NYS Dept. of Transportation 2012–2013 Winter Season Varies For: 2012-2013 State S&I Contract. Dated at Geneseo, NY April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-133 AUTHORIZING THE LIVINGSTON COUNTY HIGHWAY SUPERINTENDENT TO BID ON AND PURCHASE VARIOUS USED EQUIPMENT ON MAY 14, 2011 AT TEITSWORTH MUNICIPAL EQUIPMENT AUCTION IN PALMYRA, NY FOR THE COUNTY HIGHWAY DEPARTMENT Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Annual Palmyra Municipal Equipment Auction contains only equipment and vehicles owned by municipalities, and WHEREAS, there may be an opportunity to purchase various used equipment and vehicles in good condition at considerable savings, now, therefore, be it RESOLVED, that the Livingston County Highway Superintendent, with input and advice from the Department Shop Manager, is hereby authorized to bid on and purchase appropriate and needed various used equipment and vehicles on May 14, 2011 at the Teitsworth Municipal Equipment Auction in Palmyra, NY, at a total amount not to exceed One Hundred and Fifty Thousand Dollars ($150,000.00). Dated at Geneseo, New York April 13, 2011 Public Services Committee Caledonia Supervisor Pangrazio asked why type of equipment is the Highway Department looking for. County Highway Superintendent Don Higgins stated 1 and 2 ton trucks to replace existing trucks and also a 10-wheel dump truck. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-134 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR PROFESSIONAL ENGINEERING & CONSTRUCTION INSPECTION SERVICES: FEDERAL/STATE- AID ROAD PAVEMENT REHABILITATION PROJECT (PIN 475467), MAPLE BEACH ROAD (CR-45), TOWN OF GROVELAND: RAVI ENGINEERING & LAND SURVEYING, PC Mr. Deming presented the following resolution and moved its adoption: 116 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, nine (9) consulting firms from the NYSDOT “LDSA List” submitted proposals for the above- noted project, and a 3-person Consultant Selection Committee comprised of County officials reviewed and rated each submittal, and subsequent weighted scores were computed, and WHEREAS, the highest-ranking firm resulting from this process was Ravi Engineering & Land Surveying, PC, and the Selection Committee agreed that negotiations for Scope-of-Work and Fees should commence with Ravi Engineering, and WHEREAS, Ravi Engineering & Land Surveying, PC has submitted a cost-plus-fixed-fee proposal, not to exceed the total amount of Forty-Seven Thousand Dollars ($47,000.00) for Engineering and Construction Inspection services, and said proposed Fee and Scope of Services have been reviewed and approved by NYSDOT, and WHEREAS, the Federal Share (80%) of this cost will be approximately $37,600.00, and with anticipated NYS Marchiselli funding (15%), the County Share (5%) will be approximately $2,350.00, now, therefore be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services, subject to review by the County Attorney and County Administrator: Contractor Term Amount Ravi Engineering & Land Surveying, PC 4/13/11–12/31/12 $47,000.00 2110 S. Clinton Ave., Suite 1 Rochester, NY 14618 For: Professional Engineering & Construction Inspection Services, Maple Beach Road (CR-45) Rehabilitation Project (NYSDOT PIN 475467). Dated at Geneseo, New York April 13, 2011 Public Services Committee County Highway Superintendent Don Higgins stated the Highway Department would be doing preliminary work (milling and paving) on Maple Beach Road, Town of Groveland. This resolution covers a small amount of design work and construction inspection for this project and eventually a bid will be prepared for the general construction. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-135 AUTHORIZING PURCHASE OF ONE (1) NEW, UNUSED 2009 INTERNATIONAL-7600 TRI-AXLE DUMP TRUCK THROUGH NYS OGS CONTRACT FOR THE COUNTY HIGHWAY DEPARTMENT – NAVISTAR, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Navistar, Inc. has a leftover, new, unused, 2009 International-7600 Tri-Axle Dump Truck available through NYS OGS Contract at a total cost of $119,000.00, and said cost is at a considerable savings over a new 2012 model, and said 2009 model comes with full factory warranty, now, therefore be it RESOLVED, that the Livingston County Highway Superintendent is authorized to purchase One (1) New, Unused 2009 International-7600 Tri-Axle Dump Truck through NYS OGS Contract #PC62176 at a cost not to exceed $119,000. NYS OGS Contractor Amount Navistar, Inc. $119,000.00 1568 Central Avenue Albany, NY 12205 For: One (1) New, Unused 2009 International-7600 Tri-Axle Dump Truck. Dated at Geneseo, New York April 13, 2011 Public Services Committee County Highway Superintendent Don Higgins stated this purchase is an opportunity for us to save approximately $30,000 over the cost of a new 2012 for a tri-axle dump truck. Four vehicles were ordered by a contractor and never picked up, consequently, Allegany County bought two and Wayne County bought one and Livingston is proposing to buy one. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted. APRIL 13, 2010 117

RESOLUTION NO. 2011-136 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF WEST SPARTA REGARDING ADMINISTRATION OF A FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECT, WOODSVILLE ROAD OVER BRADNER CREEK, NYSDOT PIN 475491 Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign an Inter-Municipal Agreement with the Town of West Sparta regarding County Administration of the Town’s Federal/State-Aid Bridge Replacement Project, Woodsville Road over Bradner Creek, BIN 2210990, NYSDOT PIN 475491, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 13, 2011 Public Services Committee County Highway Superintendent stated that Woodsville Road bridge over Bradner Creek is a town bridge, however, the County Highway Department has offered to administer this Federal/State-Aid bridge replacement project. This agreement requires the Town of West Sparta to provide the local share and the County will administer the program. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-137 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES Mr. Deming 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 contract and related documentation, and any amendments hereto, for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Division of Homeland 6/1/10-5/31/13 $90,000.00 Security and Emergency Services 1220 Washington Avenue Albany, New York 12242 For: Livingston County Emergency Communications Plan Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-138 AWARDING BID FOR THE PLANNING DEPARTMENT FOR A WEATHERIZATION TRUCK AND ENCLOSED SERVICE BODY: VAN BORTEL FORD Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a new 2011 16,500#-GVWR Cab and Chassis Truck with Enclosed Service Body, five bids were received and opened on February 25, 2011, now, therefore be it RESOLVED, that the Planning Department is authorized to purchase the vehicle from the following vendor, which is hereby accepted as the lowest responsible bid: Contractor Amount Van Bortel Ford, Inc. $36,169.57 71 Marsh Road East Rochester, New York 14445 For: 2011 16,500#-GVWR Cab and Chassis Truck with Enclosed Service Body. Dated at Geneseo, NY 118 REPORT OF THE SUPERVISORS’ PROCEEDINGS

April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-139 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: NYS DIVISION OF HOMELAND SECURITY & EMERGENCY SERVICES, NYS UNIFIED COURT SYSTEM Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division of Homeland Security & 8/1/10-7/31/13 $72,845.00 Emergency Services 1220 Washington Ave. State Office Building Campus Building 7a – Suite 610 Albany, New York 12242 For: FY10 State Law Enforcement Terrorism Prevention Program Grant Award NYS Unified Court System 4/1/10–3/31/11 $511,298.00 161 Hall of Justice Rochester, New York 14614 For: Amendment to 2010-2011 court security contract, additional funds received. Dated at Geneseo, NY April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-140 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – M.A. FERRAUILO PLUMBING & HEATING, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract M.A. Ferrauilo Clean sanitary line @ existing jail +$868.95 $1,158,793.05 Plumbing & Heating, Inc. Additional modesty door +$1,751.69 Additional work for sewer tie-in +$3,107.17 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,602; Noes – DiPasquale, 126; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-141 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – MANNING SQUIRES HENNIG CO., INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: APRIL 13, 2010 119

Contractor For Net Change Not to Exceed New Contract Manning Squires Hennig Co., Inc. Caissons – final +$372.50 $10,761,743.085 footages Change lockset +$167.73 Added doors, frame +$4,264.60 & hardware and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,602; Noes – DiPasquale, 126; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-142 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – SOUTHERN FOLGER DETENTION EQUIPMENT COMPANY LLC Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Southern Folger Add cameras in Rooms A411 & +$3,314.10 $4,042,396.37 Detention Equipment 413 Company LLC Added doors, frame & hardware +24,748.85 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,602; Noes – DiPasquale, 126; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-143 AUTHORIZING ESTABLISHMENT OF DEPARTMENT OF EMERGENCY MEDICAL SERVICES Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors establishes the Livingston County Department of Emergency Medical Services effective April 14, 2011. Dated at Geneseo, New York April 13, 2011 Public Services Committee Ossian Supervisor Martello asked who does this department report to, and the County Administrator responded the department will report directly to him and the Public Services Committee. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-144 AUTHORIZING ORDER FOR TRANSFERRING THE FUNCTIONS OF THE LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT, DIVISION OF EMERGENCY MEDICAL SERVICES, TO THE LIVINGSTON COUNTY DEPARTMENT OF EMERGENCY MEDICAL SERVICES Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby orders that the functions of the Livingston County Public Health Department, Division of Emergency Medical Services, are transferred to the Livingston County Department of Emergency Medical Services effective April 14, 2011. 120 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Dated at Geneseo, New York April 13, 2011 Public Services Committee The County Administrator stated the vacancy that was created and formally occupied by William Sheahan, was under the Department of Health and the day-to-day operation under Emergency Management Services. He indicated that after a review over a long period of time, he recommended that the Emergency Medical Services be a stand-alone department reporting to the County Administrator and Public Services Committee. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-145 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE COUNTY OF LIVINGSTON: PIONEER LIBRARY SYSTEM (PIONEER) Mr. Deming 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 contract(s) for the County of Livingston, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Pioneer Library System (Pioneer) 1/1/11-12/31/11 $72,000.00 2557 State Route 21 Canandaigua, NY 14424 For: To support the Libraries in the purchase of new materials and the continuation of Library programs and services. Dated at Geneseo, New York April 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-146 AUTHORIZING TRANSFER OF FUNDS – CENTRAL STOREROOM, OFFICE FOR THE AGING, PLANNING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-147 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4112 4489 Other Federal Health $35,000.00 TOTAL $35,000.00 Increase Appropriation A4112 1000 Personal services $15,545.00 A4112 1950 Temp services $3,867.00 A4112 1951 Overtime $2,000.00 A4112 4020 Training $300.00 A4112 4055 Phone $1,125.00 A4112 4060 Office supplies $1,100.00 A4112 4200 Print/ads $2,700.00 A4112 4340 Mileage $800.00 APRIL 13, 2010 121

A4112 4440 Med supplies $2,562.00 A4112 8100 FICA $1,638.00 A4112 8200 Retirement $2,183.00 A4112 8300 Hlth Insurance $752.00 A4112 8400 Wkrs Comp $428.00 TOTAL $35,000.00 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-148 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DISTRICT ATTORNEY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 District Attorney Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A1165 2626 Forfeiture of Crime $2,000.00 Increase Appropriation A1165 4410 Payments to Other Gov’ts $2,000.00 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-149 AMENDING 2011 LIVINGSTON COUNTY BUDGET – PLANNING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Planning Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3641 4395 Homeland Defense Grant $90,000.00 Increase Appropriation A3641 4080 Prof. Services $90,000.00 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-150 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 3395 Homeland Defense Grant $59,000.00 TOTAL $59,000.00 Increase Appropriation A3110 1000 Personal Services $4,000.00 A3110 1950 Temporary Services $1,850.00 A3110 1951 Overtime $3,000.00 A3110 2400 Equipment $44,250.00 A3110 4929 Training $5,900.00 TOTAL $59,000.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2705 Gifts & Donations $3,027.00 Increase Appropriation A3110 2400 Equipment $3,027.00 And, 122 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Account Dept. Code Description Amount Increase Revenue A3110 3392 Child Safety Restraint $200.00 Increase Appropriation A3100 2400 Equipment $200.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2655 Minor Sales $120.00 Increase Appropriation A3110 4540 Law Enf. Supplies $120.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance recovery $1,271.48 Increase Appropriation A3110 4120 Outside repairs $1,271.48 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-151 DECLARING SURPLUS PROPERTY – DEPARTMENT OF SOCIAL SERVICES, CENTRAL SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Department of Social Services Quantity Item VIN # 1 1995 International Bus 1HVBDABKXSH691392 Central Services Quantity Item Model # 1 1998 Highland Tank Co., 4,000 Gallon Above Ground Tank UL142 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-152 ESTABLISHING AN ACCOUNT – HIGHWAY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the following account be established for the Highway Department: Account Dept. Code Description Amount Establish Revenue D5129 4591 Federal Aid $13,615.13 Establish Appropriation D5129 4170 Contract Expense $13,615.13 Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-153 ESTABLISHING AN EMPLOYEE SUGGESTION PROGRAM Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, General Municipal Law Section 88-a authorizes a county to establish a merit award board for the purpose of rewarding its employees for suggestions which result in a more efficient and economical operation of its government; and APRIL 13, 2010 123

WHEREAS, a county may raise and expend moneys for such a purpose; and WHEREAS, the 2011 Livingston County budget includes such funding; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby establishes a merit award board consisting of the Chairman of the Board, County Administrator and three (3) other members as the Board may designate; and be it further RESOLVED, that the Livingston County Board of Supervisors hereby establishes an Employee Suggestion Program, a copy of which is attached hereto, to provide program requirements for employees and the merit award board. Dated at Geneseo, New York April 13, 2011 Ways and Means Committee Chairman Merrick stated that it was the County Administrator’s idea to establish an employee suggestion program, and he asked the County Administrator to comment. The County Administrator explained that Municipal Law allows counties to establish an employee suggestion program and to appropriate money to finance the program. He indicated he intends to appropriate money in the 2012 budget. Parameters will be established for the program and the Board will have to appoint three individuals to serve on the Committee. Some of the administration will be handled through the County Administrator’s office. The County Administrator commented he is hopeful this program will produce some good ideas. The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-154 ESTABLISHING STANDARD WORK DAY AND RETIREMENT REPORTING CREDIT FOR 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body: Participates in Employer's Days/Month Standard Time (Based On Work Keeping System Record Of Dept. Title Name Day Hrs/day Term (Y/N) Activities)

ELECTED OFFICIALS

CLER County Clerk Culbertson, James A. 6 1/1/11 - 12/31/14 N 29.27

APPOINTED OFFICIALS

Clerk to the Board BOS of Supervisors Amico, Virginia 7 1/1/11 – 12/31/11 Y N/A

Confidential Secretary to the BOS Clerk Scutt, Ashley 7 1/1/11 – 12/31/11 Y N/A BOE Commissioner Schoonover, Laura 7 1/1/11 – 12/31/14 Y N/A Deputy County CLER Clerk Strickland, Mary 7 1/1/11 – 12/31/14 Y N/A Second Deputy CLER County Clerk Olson, Kathleen 7 1/1/11 – 12/31/14 Y N/A Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted. 124 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-155 REQUESTING THE NEW YORK STATE SENATE AND THE NEW YORK STATE ASSEMBLY TO AUTHORIZE LIVINGSTON COUNTY TO IMPOSE AN ADDITIONAL RATE OF SALES AND COMPENSATING USE TAXES Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, a bill has been introduced in the New York State Senate (S.3986) and the New York State Assembly (A.6676) to amend the Tax Law, in relation to authorizing Livingston County to impose an additional rate of sales and compensating use taxes, and WHEREAS, the Livingston County Board of Supervisors must make a Home Rule Request requesting the New York State Senate and the New York State Assembly to enact this special law, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors request that the New York State Legislature adopt Senate Bill (S.3986) and Assembly Bill (A.6676), amending the Tax Law, in relation to authorizing Livingston County to impose an additional rate of sales and compensating use taxes, and, be it, further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the Clerk of the Board of Supervisors are authorized to file the appropriate Home Rule Request with the New York State Senate and the New York State Assembly. Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows (2/3 vote): Ayes - 1,786; Noes – Martello, 21; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-156 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE AMENDED FLEXIBLE SPENDING ACCOUNT PLAN Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the amended Livingston County Flexible Spending Account Plan document. Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-157 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY: USA/TPA INC. Mr. Pangrazio 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 contract(s) for Livingston County, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount USA/TPA Inc. 2/15/11-2/14/14 2011-2012 $83,200.00 PO Box 3309 2012-2013 $83,200.00 Syracuse, NY 13220 2013-2014 $85,000.00 For: Worker Compensation Services Dated at Geneseo, New York April 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-158 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: COUNTY CLERK’S OFFICE, COUNTY TREASURER’S OFFICE Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: APRIL 13, 2010 125

County Clerk’s Office Create one full-time Senior Index Clerk position. Delete one full-time Index Clerk position. County Treasurer’s Office Create one full-time Senior Account Clerk/Typist position. Dated at Geneseo, New York April 13, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

EXECUTIVE SESSION Motion made by Mr. Pangrazio and seconded by Mr. Moore that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing collective negotiations pursuant to Article 24 of the Civil Service law (the Taylor Law); and that James C. Merrick act as Chairman, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle 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 collective negotiations pursuant to Article 24 of the Civil Service law (the Taylor Law), hereby reports as follows: No action taken. Dated April 13, 2011 James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Martello and seconded by Mr. Schuster that the Report of the Executive Session be accepted. Carried.

RESOLUTION NO. 2011-159 RATIFYING TENTATIVE COLLECTIVE BARGAINING AGREEMENT WITH THE NEW YORK STATE NURSES ASSOCIATION UNIT AND AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the collective bargaining agreement between the New York State Nurses Association (“NYSNA”) unit and Livingston County expired on June 30, 2010; and WHEREAS, the negotiating teams for the parties have reached a tentative agreement for a new collective bargaining agreement; and WHEREAS, the NYSNA unit has ratified this tentative agreement; and WHEREAS, the Ways and Means Committee recommends the ratification of this agreement by the County; now, therefore, be it RESOLVED, that the tentative agreement, a copy of which is attached hereto, is hereby ratified; and be it further RESOLVED, that the Chairman of the Board of Supervisors and the County Administrator are hereby authorized to execute a collective bargaining agreement consistent with the terms of the tentative agreement. Dated at Geneseo, New York April 13, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

CLOSE PUBLIC HEARING Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearing closed.

MOTION TO MOVE LOCAL LAW NO. D – 2011 126 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Mr. Pangrazio moved and Mr. Yendell seconded to move the proposed local law to the table for a vote. Carried.

VOTE ON LOCAL LAW 5 - 2011 LOCAL LAW NO. 5 – 2011 A LOCAL LAW SUPERCEDING CERTAIN PROVISIONS OF SECTION 3 OF THE PUBLIC OFFICERS LAW OF THE STATE OF NEW YORK Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1. The Livingston County Board of Supervisors recognizes the need to retain qualified and experienced employees in public offices within the County of Livingston. The Livingston County Board of Supervisors further recognizes that to fulfill this need, it is occasionally necessary to employ individuals who do not reside within the County of Livingston during their term of office. Section 2. The Livingston County Board of Supervisors elects to supercede certain provisions of Section 3 of the Public Officers Law of the State of New York to the extent it is inconsistent with the terms of this local law. Section 3. The individuals occupying the following public offices for the County of Livingston must be residents of the County of Livingston, or residents of a county adjoining the County of Livingston, during their term of office: Director of Nursing Services (CNR); Director of Social Work Services (CNR); Director of Patient Services (DOH); Highway Administrative Manager; Director of Community Mental Health Services; Assistant Public Defender; Director of Administrative Services (DSS) and Director of Veteran Services Agency. Section 4. This local law shall be effective upon its filing with in the Office of the Secretary of State. Dated at Geneseo, New York March 23, 2011 (Introduced) April 13, 2011 The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires GLOW Workforce Investment Board Gene Tonucci Allen Bailey Tag and Label, Inc. Business/Private Sector- At Pleasure 3177 Lehigh Street, Caledonia, NY 14423 Replacing Mike Chapman

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, April 27, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:47 p.m.

APRIL 27, 2011 127

REGULAR BOARD MEETING WEDNESDAY, APRIL 27, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE The County Administrator introduced Alec D. Andrest Alec graduated from Honeoye Central School in June 2005. He enlisted into the Marine Corps Reserves in July 2006 and graduated from Paris Island in October 2006 and Advanced Training In December 2006 at Camp Lejeune, NC. His unit participated in joint training in Australia in 2007, unit training in Quantico, VA in 2008, Ft. Drum in 2009, Quantico, VA &Ft. A.P. Hill in 2010. His unit, India Company 3/25 was activated on May 1, 2010, sent to Camp Pendleton, CA for more desert training and deployed to Afghanistan, as a Squad leader, on August 16, 2010. While there, they patrolled assigned areas and were a Quick Reactionary Force if needed. Alec returned to Camp Pendleton, CA on March 23, 2011. For his duty to his country, Alec was awarded: the Selected Marine Corps Reserve Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, Sea Service Deployment Ribbon, National Defense Service Medal, NATO Medal ISAF Afghanistan and the Armed Forces Reserve Medal. Alec still has his Reserve obligation until July 2012 and may be going to Camp Pendleton, CA in the near future to be an instructor for troops heading to Afghanistan. He plans on enrolling into MCC in the fall. He has a fiancée, Julianna Taylor and his son, Camden Jacob. His mother, Alicia Andrest works in D.S.S.

ALEC D. ANDREST a Corporal in the United States Marine Corp led the Pledge of Allegiance.

The audience presented a standing ovation. (A plaque will be mailed under separate cover.)

APPROVAL OF MINUTES 1. Minutes of 4/13/11 Regular Meeting were approved as presented.

PUBLIC HEARINGS 1. LOCAL LAW NO. E - 2011 IMPOSING A FEE FOR ATTENDING VICTIM IMPACT PANELS 2. LOCAL LAW NO. F – 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON

Chairman Merrick declared the Public Hearings open and asked the County Attorney, David Morris, to comment on the local laws. County Attorney David Morris explained that Local Law E imposes a fee of $10.00 of those required to attend Victim Impact Panels and Local Law F authorizes minor changes to the Sanitary Code as required the New York State Department of Health. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearings would remain open until the end of the meeting.

COMMUNICATIONS 1. Letter from Barry Haywood, Board Chair of Clara Barton Chapter #1 of the American Red Cross, thanking the Board of Supervisors for the generous contribution of $6,000. 2. Letter from Eric C. Wies, P.E. of Clark Patterson Lee notifying the County the Town of York is proposing upgrades to its existing water system and seeking lead agency for this project. 3. State Environmental Quality Review Negative Declaration Notice of Determination of Non- Significance for the Monroe County Public Safety Communications Project is on file. 4. Letter from Gaen Hooley, BS, RN Labor Relations Representative of the New York State Nurses Association notifying the County of their intent to modify the Agreement. 5. Thank you note from the Cottone Family for the donation to Honor Flight in memory of Vice Chairman Gary Moore’s Father-in-Law Anthony Cottone. 128 REPORT OF THE SUPERVISORS’ PROCEEDINGS

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-160 APPROVING ABSTRACT OF CLAIMS #4B – APRIL 27, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #4B dated April 27, 2011 in the total amount of $1,936,607.35. Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

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

RESOLUTIONS RESOLUTION NO. 2011-161 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR SCOPING, ENGINEERING, DESIGN, ROW INCIDENTALS & ROW ACQUISITION PHASES: FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECT (PIN 475491), WOODSVILLE ROAD OVER BRADNER CREEK, TOWN OF WEST SPARTA: T-Y-LIN INTERNATIONAL Mr. Deming presented the following resolution and moved its adoption: WHEREAS, thirteen (13) consulting firms from the NYSDOT “LDSA List” submitted engineering/design proposals for the above-noted project, and a 4-person Consultant Selection Committee comprised of NYSDOT and County officials reviewed and rated each submittal, and subsequent weighted scores were computed, and WHEREAS, the highest-ranking firm resulting from this process was Barton & Loguidice, PC, and the second highest-ranking firm was T-Y-LIN International, and the Selection Committee agreed that in the interest of spreading the Federal Aid consulting work around, negotiations for Scope-of-Work and Fees should commence with T-Y-LIN International, and WHEREAS, T-Y-LIN International. has submitted a cost-plus fixed fee proposal, not to exceed the total amount of One Hundred and Eight Thousand, One Hundred and Seventy-Six Dollars ($148,176.00) for the Scoping, Engineering, Design, ROW Incidentals & ROW Acquisition phases, and said proposed Fee and Scope of Services have been reviewed and approved by NYSDOT, and WHEREAS, the Federal & State Share of this cost will be approximately $119,617.00, and the Town of West Sparta will reimburse their Local Share of approximately $28,559.00 to Livingston County, and WHEREAS, a supplemental agreement and fee with T-Y-LIN International for Construction Inspection Services will be negotiated at a later date, therefore be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator. Contractor Term Amount T-Y-LIN International 4/28/11 – 12/31/13 $148,176.00 255 East Avenue Rochester, NY For: Scoping, Engineering, Design, ROW Incidentals & ROW Acquisition Services, Woodsville Road Bridge Replacement (NYSDOT PIN 475491). Not to exceed the amount shown. Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members APRIL 27, 2011 129

and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

RESOLUTION NO. 2011-162 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR SCOPING, ENGINEERING, DESIGN, ROW INCIDENTALS & ROW ACQUISITION PHASES: FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECT (PIN 475466), OLD STATE ROAD OVER KESHEQUA CREEK, TOWN OF NUNDA: BARTON & LOGUIDICE, PC Mr. Deming presented the following resolution and moved its adoption: WHEREAS, thirteen (13) consulting firms from the NYSDOT “LDSA List” submitted engineering/design proposals for the above-noted project, and a 4-person Consultant Selection Committee comprised of NYSDOT and County officials reviewed and rated each submittal, and subsequent weighted scores were computed, and WHEREAS, the highest-ranking firm resulting from this process was Barton & Loguidice, PC, and the Selection Committee agreed that negotiations for Scope-of-Work and Fees should commence with Barton & Loguidice, PC, and WHEREAS, Barton & Loguidice, PC has submitted a cost-plus-fixed-fee proposal, not to exceed the total amount of One Hundred and Ninety-Two Thousand, Three Hundred and Twenty-Eight Dollars ($192,328.00) for the Scoping, Engineering, Design, ROW Incidentals and ROW Acquisition phases, and said proposed Fee and Scope of Services have been reviewed and approved by NYSDOT, and WHEREAS, the Federal Share (80%) of this cost will be approximately $153,862.00, and the County Share (20%) will be approximately $38,466.00, and WHEREAS, a supplemental agreement and fee with Barton & Loguidice, PC for Construction Inspection Services will be negotiated at a later date, therefore be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services, subject to review by the County Attorney and County Administrator. Contractor Term Amount Barton & Loguidice, PC 4/28/11 – 12/31/13 $192,328.00 1 South Washington Street, Suite 520 Rochester, NY 14614 For: Scoping, Engineering, Design, ROW Incidentals & ROW Acquisition Services, Old State Road Bridge Replacement (NYSDOT PIN 475466). Not to exceed the amount shown. Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-163 AUTHORIZING AN AGREEMENT WITH GENESEE TRANSPORTATION COUNCIL (GTC) AND GTCS, INC. FOR ADMINISTRATION OF FEDERAL-AID UPWP PROJECT #6223, LIVINGSTON COUNTY SAFE PASSING ZONE SURVEY, AND AUTHORIZING PAYMENT OF LIVINGSTON COUNTY LOCAL SHARE OF PROJECT Mr. Deming announced that this resolution was not presented at a Ways and Means Committee meeting; however, the Committee has signed the resolution. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Genesee Transportation Council has agreed to administer a Federal-Aid UPWP grant awarded to Livingston County to inventory, survey and update all 242 miles of County highway centerline to provide current logs for pavement marking purposes, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract for the administration of the Federal-Aid UPWP Project #6223, subject to review by the County Attorney and County Administrator: Contractor Amount Genesee Transportation Council Local Share $3,000.00 GTCS, Inc. 130 REPORT OF THE SUPERVISORS’ PROCEEDINGS

50 W. Main Street, Suite 8112 Rochester, NY 14614 For: Administration of Federal-Aid UPWP Project #6223 Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-164 AWARDING BIDS FOR PURCHASE OF WEATHERIZATION MATERIALS, FURNACES AND REFRIGERATORS FOR HOME WEATHERIZATION ASSISTANCE PROGRAM Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after due advertisement, bids were opened on April 4, 2011 by the Office of the Livingston County Administrator for the purchase of weatherization materials, furnaces, and refrigerators used by the Livingston County 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: Contractor Package #1: Cellulose Insulation Burts Lumber 2 Washington St., Perry, NY 14530

Package #2: Windows, Vinyl Replacement Rogers & Tenbrook 19 Maple St., Dansville, NY 14437

Package #3: Mobile Home Items Temple Products of PA 78 Universal Rd., Selinsgrove PA 17870

Package #4: Refrigerators Business Service (Sears) PO Box 122775, San Diego, CA 92112

Package #5: Furnaces – Schaeffer Supply Mobile Home Furnaces 202-214 Ellicott St., Batavia, NY 14020 High Efficiency Gas Fired 80% Upflow Gas 95 % Oil Furnace

Package #6: Miscellaneous Items Burts Lumber Pre-Hung Insulated Steel Doors 2 Washington St., Perry, NY 14530 & 9-Lite Window Doors

Insulation Wrap & Lumber Elitsac Lumber 103 South Main St., Castile NY 14427

Thermostats I. D. Booth, Inc – Wellsville 36 Central Place, Wellsville, NY 14895

Package #7: Caulk Energy Federation, Inc. 40 Washington St. Westborough MA 01581

Package #8: Foam – One Component Energy Federation, Inc. 40 Washington St., Westborough MA 01581 APRIL 27, 2011 131

Foam – Two Component Power Survey & Control 2 Cooper Ave., Rensselaer, NY 12144

Package #9: Duct Sealant AM Conservation Group, Inc. 2301 Charleston Regional Parkway, Charleston, SC 29492

Package #10: Weatherstripping AM Conservation Group, Inc. 2301 Charleston Regional Parkway, Charleston, SC 29492

Package #11: Door Sweeps AM Conservation Group, Inc. 2301 Charleston Regional Parkway, Charleston, SC 29492

Package #12: Hot Water Heaters Smith Lumber 5833 Big Tree Rd., Lakeville, NY 14480

Hot Water Heaters Elitsac Lumber Mobile Home 103 South Main St. Castile NY 14427

Package #13: Compact Fluorescent Lights Energy Federation, Inc. 40 Washington St., Westborough MA 01581

Package #14: Smoke Detectors and AM Conservation Group, Inc. Carbon Monoxide Alarms 2301 Charleston Regional Parkway, Charleston, SC 29492 now, therefore, be it RESOLVED, that upon execution of a purchase contract with the successful bidders, the Livingston County Planning Department is hereby authorized to purchase weatherization materials from the bidders hereinbefore set forth, according to prices on file, for a term beginning May 1, 2011 and ending April 30, 2012, 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 Attorney and County Administrator. Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-165 ACCEPTING MAPS, PLANS AND REPORTS FOR THE EXTENSION OF CONESUS LAKE COUNTY SEWER DISTRICT – EXTENSION 9A – HAMLET OF CONESUS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors by resolution 2011-55 accepted a petition from the Town of Conesus and called for maps, plans and reports to be developed; and WHEREAS, the Public Service Committee acting as the administrative body for the District reviewed and accepted the Maps, Plans and Reports at the April 6, 2011 meeting; now, therefore, be it RESOLVED, that the County Board of Supervisors accepts Maps, Plans and Reports for the proposed Conesus Lake County Sewer District Extension 9A- Hamlet of Conesus; and, be it further RESOLVED, that a public hearing shall be held on May 25, 2011 at 1:35 P. M. to receive comments on the extension of the County District, Extension 9A - Hamlet of Conesus; and be it further RESOLVED, that the appropriate notices be published in the County’s Official newspaper. Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

132 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-166 AUTHORIZING EXTENSION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the GLOW Region Solid Waste Management Committee (herein referred to as “GLOW”) expects to receive funding from the New York State Department of Environmental Conservation in 2011 for a Household Hazardous Waste Collection Program; and WHEREAS, this funding is to be used to pay for eligible expenses at a single collection planned for September of 2011; and WHEREAS, GLOW issued a Request for Proposals (RFP) for professional services to conduct the 2011 household hazardous waste collection event; and WHEREAS, GLOW received two (2) proposals from household hazardous waste service providers; and WHEREAS, GLOW has recommended Environmental Enterprises Inc. as the most responsive proposal to provide the needed service for the 2011 collection; and WHEREAS, the Public Service Committee did review the recommendation and did concur; now, therefore, be it RESOLVED, the Livingston County Board of Supervisors authorizes the Chairperson of the Board of Supervisors to enter into a contract with the other GLOW Counties and Environmental Enterprises, Inc. for the 2011 GLOW Household Hazardous Waste Collection Program at a cost not to exceed $27,000, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York April 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-167 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfer per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the Livingston County Administrator. Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-168 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 3391 Seat Belt Enforcement $3,000.00 Increase Appropriation A3110 1951 Overtime $3,000.00 Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-169 ESTABLISHING A CAPITAL PROJECT ACCOUNT – INFORMATION AND TECHNOLOGY CAPITAL UPGRADES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer is authorized to establish a Capital Project Account H1680.2900 in the amount of $250,000.00 to be funded from Interfund Transfers H1680.5031 in the amount of $250,000.00, and it is further APRIL 27, 2011 133

RESOLVED, that the County Treasurer is hereby directed to transfer monies from the General Fund Transfer to Capital A9950.9000 in the amount of $250,000.00. Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-170 AUTHORIZING LEASE WITH COUNCIL OF ALCOHOL AND SUBSTANCE ABUSE OF LIVINGSTON COUNTY, INC. Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors finds that approximately 9,500 square feet located in the former Geneseo Skilled Nursing Facility is no longer necessary for Livingston County public purposes; and, be it further RESOLVED, that the Livingston County Board of Supervisors authorizes the Chairman of the Board to sign a lease with Council on Alcohol and Substance Abuse for Livingston County, Inc. for said 9,500 square feet in the former Geneseo Skilled Nursing Facility for a period of five years at $5,000 per month, increasing 3% yearly, said lease to be subject to the approval of the County Attorney and County Administrator. Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-171 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT: FIBERTECH NETWORKS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston issued a Request for Proposal for a fiberoptic infrastructure project, and two proposals were received and reviewed, now, therefore, be it RESOLVED, the proposal of Fibertech Networks is accepted as the lowest qualified proposal and the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with Fibertech Networks as set forth below, subject to review by the County Attorney and County Administrator: Contractor Term Amount Fibertech Networks 5/1/11-4/30/21 $190,000 plus 300 Meridian Centre $2,350/m for ten (10) years Rochester, NY 14618 For: Lease of Fiberoptic Ring for County Campus locations Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-172 AMENDING THE DEPARTMENT HEAD SALARY SCHEDULE: CENTER FOR NURSING AND REHABILITATION Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the department head salary schedule is hereby amended to make the following corrections:

Department Name Incorrect information Correct Information CNR Crye, Kathleen Salary $67,675.00 Salary $68,175.00 Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted. 134 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-173 AMENDING THE HOURLY SALARY SCHEDULE: CENTER FOR NURSING AND REHABILITATION, DEPARTMENT OF HEALTH, SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the hourly salary schedule is hereby amended to make the following corrections: Department Name Incorrect information Correct Information CNR Rice, Trisha $13.93 – Step 1 $13.24 - Base CNR Ruliffson, Tricia A. $35.92 $32.92 DOH Dudley, Brian Caseworker Trainee; Grade 13; Caseworker; Grade 14, rate rate $17.54 $18.73 DOH Vacant Outreach Worker Outreach Worker – Spanish Speaking SHER Rowan, William 22.12* 11/6/2010 22.12* 11/6/2011 Dated at Geneseo, New York April 27, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-174 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: OFFICE FOR THE AGING, CENTER FOR NURSING AND REHABILITATION, COUNTY CLERK’S OFFICE, MENTAL HEALTH DEPARTMENT, PLANNING, WORKFORCE DEVELOPMENT SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the following vacant positions are hereby deleted: Last person in Dept. Title FT/PT position AGING Account Clerk PT D. Kline 5/22/08 AGING Aging Services Aide PT R. Privitera 2/10/97 AGING Case Manager PT A. Miller 8/31/01 AGING Cleaner PT Never filled AGING SNP Site Manager sub D. Coleman 9/29/09 AGING SNP Site Manager sub P. Cloonan 11/24/03 AGING Typist sub Never filled CNR Activities Aide PT R. Beardsley 3/26/10 CNR Personal Care Assistant PT A. Beardsley 6/1/09 CNR Personal Care Assistant PT D. Crawford 10/4/10 CNR Personal Care Assistant PT L. Duryea 8/5/10 CNR Personal Care Assistant PT S. Hall 9/4/08 CNR Personal Care Assistant PT T. Hoag 11/14/08 CNR Personal Care Assistant PT M. Holmes 8/8/08 CNR Personal Care Assistant PT N. LoVerde 5/12/08 CNR Personal Care Assistant PT J. Magee 1/5/09 D. Martinez-Perez CNR Personal Care Assistant PT 8/28/09 P. Passalacqua CNR Personal Care Assistant PT 12/20/10 CNR Senior Account Clerk FT J. Maloney 12/27/08 CNR Senior Account Clerk FT M. Sobel 10/31/08 CLERK Index Clerk Seas N. Mazza 1/18/02 MENTAL Community Mental Health HEALTH Nurse FT G. Osborne 1/10/11 PLANNING Winterization Aide AT Never filled APRIL 27, 2011 135

PLANNING Winterization Aide AT Never filled Employment & Training WDS Counselor Seas Never filled Employment & Training WDS Counselor Seas Never filled Employment & Training WDS Counselor Seas Never filled Employment & Training WDS Counselor Seas Never filled Dated at Geneseo, New York April 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

RESOLUTION NO. 2011-175 AMENDING RESOLUTION 2010-420 REGARDING DEPARTMENT HEAD VACATION BENEFITS Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the Department Head vacation provisions of Resolution 2010-420 are hereby amended to read as follows: 2. Vacation. a. Department Heads other than those listed in subsection “b” below will be provided with vacation as provided in this subsection. Such Department Heads will accrue vacation in accordance with the following table: Anniversary of Date of Hire Vacation Accruals 6 month 5 days 1 – 10 year 15 days 11 year 16 days 12 year 17 days 13 year 18 days 14 year 19 days 15–24 year 20 days 25 year and subsequent anniversaries 25 days 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. Department Heads may receive payment in lieu of vacation on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement. b. The following Department Heads employed at the Department of Health will accrue vacation on the same basis as provided under the NYSNA contract. These Department Heads are: The Public Health Director, the Directors of Patient Services, and the WIC Program Coordinator. These department heads shall not be entitled to vacation carryover or payment in lieu of vacation unless such benefits are provided by the NYSNA contract. c. Accrued vacation will not be payable upon termination of employment unless the requirements set forth in Article 18, §4 of the CSEA full-time employee collective bargaining agreement are met. “Notice of termination” as used in Article 18, §4 subparagraph d shall mean when applied to Department Heads: (i) notice of disciplinary charges for those with Civil Service Law §75 or similar due process rights, or (ii) actual notice of termination for all others. Dated at Geneseo, New York April 27, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

CLOSE PUBLIC HEARING 136 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Chairman Merrick asked if anyone wished to comment regarding the public hearings. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearings closed.

MOTION TO MOVE LOCAL LAW NO. E – 2011 Mr. Martello moved and Mr. Pangrazio seconded to move the proposed local law to the table for a vote. Carried

VOTE ON LOCAL LAW LOCAL LAW NO. 6 - 2011 IMPOSING A FEE FOR ATTENDING VICTIM IMPACT PANELS Be it enacted by the Board of Supervisors of the County of Livingston as follows: Section 1 Pursuant to Municipal Home Rule Law §10(1)(ii)(9-a), the County of Livingston has the power to adopt and amend local laws relating to the fixing, levy, collection and administration of charges, rates and fees. Section 2 An individual who is required to attend a victim impact panel as a condition of the sentence for an offense defined under Article 31 of the Vehicle and Traffic Law and Articles 120 and 125 of the Penal Law shall pay to the County of Livingston a fee of ten dollars ($10.00) per session attended. Section 3 The fee imposed by this local law shall not constitute, nor be imposed as, a condition of a sentence. Section 4 The sentencing court shall have the authority to waive the fee imposed by this local law if the fee would work an unreasonable financial hardship on the individual sentenced, his or her family or any other person who is dependent on such individual for financial support. Section 5 Fees collected pursuant to this local law shall be used to offset the cost of the victim impact panels. Section 6 If any clause, sentence, section or part of this local law or its application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof. Section 7 This local law shall be effective upon its filing with the Secretary of State. Dated at Geneseo, New York April 13, 2011 (Introduced) April 27, 2011 The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

MOTION TO MOVE LOCAL LAW NO. F – 2011 Mr. Gott moved and Mr. Schuster seconded to move the proposed local law to the table for a vote. Carried

VOTE ON LOCAL LAW LOCAL LAW NO. 7 – 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON Be it enacted by the Board of Supervisors of the County of Livingston as follows: SECTION ONE – The Livingston County Board of Supervisors hereby adopts the following as the Sanitary Code of the County of Livingston: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS Section 1. Title. 1.1 The rules and regulations herein contained shall be known as the “Livingston County Sanitary Code.”

Section 2. Definitions. Whenever used in this Code, unless otherwise expressly stated or the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: APRIL 27, 2011 137

2.1 “Board of Health” shall mean the Board of Health of Livingston County. 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Complaint” shall mean a written or oral allegation by one party against another. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Permit” shall mean written approval to engage in specific activities regulated by the Sanitary Code. 2.6 “Persistent Noncompliance” (PNC) occurs when a regulated entity violates provisions of the Public Health Law, State Sanitary Code or Sanitary Code on more than two (2) site visits or inspections during the course of a calendar year. 2.6.1 “Person” shall mean an individual, group of individuals, partnership, firm, corporation, association, county, city, town or village or improvement district. 2.7 “Public Health and Health Planning Council” shall mean the Public Health and Health Planning Council of the New York State Department of Health. 2.8 “Public Health Law” shall mean an act in relation to public health, constituting chapter forty-five of the consolidated laws. 2.9 “Repair Orders” shall mean a document issued by the Chief Executive Officer that directs an owner or operator to make repairs to a piece of equipment, structure, system, or item that is identified as being necessary to prevent the occurrence of a condition that could result in a public health hazard, Public Health Nuisance, or result in the release of Offensive Materials. The Repair Order shall identify the equipment, structure, system or item in need of repair, set a timeframe for completion of the repair, and indicate acceptable evidence that the repair has been completed, such as providing a receipt or bill of sale from an established vendor capable and qualified to make the required repairs. 2.10 “Sanitary Code” shall mean and comprise the Rules and Regulations now or hereinafter formulated, promulgated, and adopted by the Board of Health of Livingston County pursuant to Section 347 of the New York State Public Health Law. 2.11 “State Sanitary Code” shall mean the sanitary code established by the Public Health and Health Planning Council of the State of New York. 2.12 “Violation” shall mean non-compliance or non-conformance with any provision of the Sanitary Code, State Sanitary Code or Public Health Law. Section 3. Sanitary Code. 3.1 The provisions of the Sanitary Code shall be in force throughout Livingston County. Unless otherwise required by the New York State Public Health Law or the State Sanitary Code, the enforcement of provisions of the Sanitary Code shall be subject to the restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York. The restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York shall also apply to persons actively engaged in farming operations on land not located within an agricultural district. Section 4. Interference with Notices. 4.1 No person shall remove, mutilate, or conceal any notice or placard of the Department of Health posted in or on any premises or public place except by permission of the Chief Executive Officer. Section 5. Special Provisions. 5.1 The regulations of this code shall be supplemental to the regulations, rules and orders of the Applicable Parts of the State Sanitary Code, Public Health Law, and other New York State Laws relating to public health. Section 6. Inspections. 6.1 All premises covered by the regulations of the Sanitary Code located in Livingston County shall be subject to inspection by the Chief Executive Officer or duly authorized representative. Inspections may include but not be 138 REPORT OF THE SUPERVISORS’ PROCEEDINGS

limited to investigations, observations, interviews, review of written materials and collection of samples and testing. 6.2 No person shall refuse to allow the Chief Executive Officer or duly authorized representative to fully inspect any and all premises and no person shall molest or resist the Chief Executive Officer or duly authorized representative in the discharge of their duties. Section 7. Permits. 7.1 Applications - All applications for permits or written approval herein required shall be made upon forms prescribed and furnished by the Department of Health, and shall be signed by the applicant, who shall be the person responsible for compliance with the conditions of the permit or approval applied for, or legally authorized agent thereof. Such application shall contain or have attached thereto such date, information, documents and plans as may be required. 7.2 Permits; Nontransferable - A permit issued to a particular person or for a designated place, purpose, or vehicle shall not be valid for use by any other person, or for any other place, purpose or vehicle than that designated therein. 7.3 Permits; Conditions - Such permits or written approvals may contain general and specific conditions and every person who shall have obtained a permit or written approval, as herein required, shall conform to the conditions prescribed in said permit or written approval and to the provisions of the Sanitary Code. Each such permit shall expire on the date stated in the permit or until revoked, and may be renewed or extended by the Chief Executive Officer after due notice and review, or temporarily suspended pending a hearing. Notwithstanding the foregoing provisions, in the event that any of the terms, conditions and provisions of a permit issued or written approval granted is or may subsequently be less restrictive than the Public Health Law or the State Sanitary Code, then the more restrictive provisions of the Public Health Law or State Sanitary Code shall govern. 7.4 Permits; Property of the Department of Health - All permits issued hereunder shall remain the property of the Department of Health and shall, on demand, be surrendered to an authorized representative of the Department of Health, whenever any such permit expires, is suspended or revoked. Permits shall be posted conspicuously on the premises or carried in the vehicle for which they are issued and shall be produced on request of the Chief Executive Officer, or duly authorized representative. 7.5 Permits; Authority Not to Renew – Notwithstanding any other provision of law, the Department of Health shall not be required to issue and/or renew any license, permit or certificate of qualification, authority or operation of any business, individual or other entity if such business, individual or other entity has failed to pay any outstanding fees, civil fines or penalties assessed by the Department of Health or Board of Health for licensing or regulatory matters or is in Persistent Noncompliance. Section 8. Fees. 8.1 The Board of Health may determine and set fees for any permits issued or services provided by the Department of Health, subject to approval by the Livingston County Board of Supervisors. The fee shall be set to defray the cost of services provided in connection with the permit issued. 8.2 All fees shall be payable to the Livingston County Department of Health. Section 9. Separability Clause. 9.1 In the event that any section, paragraph, sentence, clause or phrase of this Sanitary Code shall be declared unconstitutional or invalid for any reason, the remainder of said Sanitary Code shall not be affected thereby and shall remain in full force and effect.

ARTICLE II - SEWAGE TREATMENT—INDIVIDUAL SYSTEMS Section 1. Applicability. 1.1 This article shall apply to the construction and maintenance of all individual sewage treatment systems located within Livingston County which are designed and installed to discharge sewage without admixture of industrial or other waste to the ground waters of New York State, from a dwelling designed to house less than three families, or any other establishment from which the sewage flow is determined to be less than one thousand gallons per day. Section 2. Definitions. APRIL 27, 2011 139

2.1 “Individual Sewage Treatment System” means a complete or incomplete system of piping, tanks and other facilities for the on-site collection, treatment and disposal of sewage, or other liquid wastes into the soil of one or more parcels of land (applicability defined in Section 1). 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Community Sewerage System” shall mean a system utilized for the collection and disposal of sewage or other waste of a liquid nature, including the various devices for the treatment of such waste serving more than one (1) lot whether owned by a municipal corporation or private utility. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Director” shall mean the Director of the Center for Environmental Health of the Livingston County Department of Health. 2.6 “Part 75” will remain Part 75 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. 2.7 “Sewage” means human excreta or the water-carried discharge of the human body and/or the liquid wastes from residences, businesses, recreation or trade establishments or other places, without the admixture of industrial or other wastes. It is understood that sewage in this article refers only to those effluents from premises not required to have New York State Department of Environmental Conservation approval. The Livingston County Department of Health may require written verification of New York State Department of Environmental Conservation jurisdiction. 2.8 “State Standards” shall mean Appendix 75-A, Wastewater Treatment Standards—Individual Household Systems, pursuant to the authority vested in the New York State Commissioner of Health by Section 201(1)(1) of the Public Health Law. Section 3. Disposal Requirements. 3.1 No person shall discharge, or permit or cause to be discharged untreated sewage, the overflow effluent or contents of a septic tank, or other putrescible, impure, or offensive wastes into an abandoned well, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or onto the surface of the ground, unless otherwise permitted by the New York State Department of Environmental Conservation. 3.2 Where no approved community sanitary sewerage system is available, each residence provided with a water supply, plumbing fixtures, or with a receptacle to create a sanitary flow, shall be equipped with an individual sewage treatment system. Greywater systems shall not be excluded. 3.3 No permits for construction or repair of an individual sewage treatment system shall be issued for property accessible to a public or municipal sanitary sewerage system. 3.4 Any person who is engaged, in whole or part, in the business of installing septic tanks or private sewage treatment systems shall obtain approval from the Department of Health in accordance with the provisions of Section 9 of this Article. The application for such registration and approval shall be on a form prescribed and furnished by the Director. Any person who installs septic tanks or individual sewage treatment systems and who fails or refuses to register and obtain approval shall be in violation of the Sanitary Code and shall be subject to the penalties set forth in Section 4, Article I of the Sanitary Code. Any sewage treatment system installed by a non-approved installer will not be approved by the Department of Health. Section 4. Installation Permit. 4.1 The property owner or designated agent shall make application for a permit to the Chief Executive Officer for construction or installation of an individual sewage treatment system prior to the start of work. 140 REPORT OF THE SUPERVISORS’ PROCEEDINGS

4.2 The applications shall be made in writing on a form prescribed by the Chief Executive Officer and shall contain all pertinent information relative to the location, construction and installation of an individual sewage treatment system and any other information required by the Chief Executive Officer. 4.3 For all new individual sewage treatment systems, plans prepared by a licensed professional engineer, licensed architect or such other licensed professional deemed qualified by the New York State Education Department to design septic systems, shall be submitted to the Department of Health for review and approval, in accordance with the State Standards. A licensed professional engineer or licensed architect may be required for designing repairs to an existing individual sewage treatment system if deemed necessary by the Chief Executive Officer or designee. 4.4 No person shall construct, install, or modify an individual sewage treatment system within Livingston County without having filed for and received a written permit from the Chief Executive Officer. 4.5 An individual sewage treatment system shall be constructed or installed within two years from the date of issuance of the permit therefore except as provided in subdivision 4.6 of this section. If the individual sewage treatment system has not been constructed or installed within two years from the date of issuance of the permit, the permit shall automatically expire. No additional periods of time will be granted to the permittee to complete his system unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time (not to exceed one year) is granted. 4.6 An individual sewage treatment system required in order to correct a violation shall be constructed or installed within 45 days from the date of issuance of the permit unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time is granted. The permittee is required to apply for the permit within two weeks of the date of the notice of violation letter issued to the permittee unless upon good cause, an additional period of time is granted. 4.7 Any person who constructs, provides, or begins construction of an individual sewage treatment system without first obtaining a permit to construct such system or facility according to the terms or conditions of the permit or approved amendments thereto is in violation of the Sanitary Code. 4.8 The Chief Executive Officer may refuse issuance of an installation permit or renewal thereof, to construct, or install an individual sewage treatment system, or, after notice and/or a hearing, revoke or suspend same, if, upon investigation and/or review of submitted information, it is determined the site does not comply with State Standards, or if false or erroneous information was furnished to acquire a permit. 4.9 The Chief Executive Officer may allow for the transfer and/or modification of a valid permit to another party upon receipt of an application by the parties seeking the transfer. The date of expiration of the permit being transferred shall not be extended except as provided in subdivision 4.5. A fee set by the Chief Executive Officer, will be charged to process such a transfer and/or modification. Section 5. Design, Construction and Installation. 5.1 All new individual sewage treatment systems shall be designed, constructed and installed in accordance with the State Standards. The specifications of any new individual sewage treatment system shall be based on the results of at least three percolation tests and one deep hole test. The Department of Health or its designated representative may be required to witness the deep hole. Additional deep hole tests may be required by the Department of Health as deemed necessary. The design flow per bedroom shall be in accordance with Section 75-A.3 of the State Standards. 5.2 A homeowner who chooses to install an aerobic unit instead of a septic tank must meet all requirements prescribed in the State Standards. 5.3 The Department of Health or its designated representative, or licensed professional engineer or licensed architect, as deemed necessary, shall be present at the site of a private sewage treatment system during final inspection. Any person who has constructed or installed a septic tank or private sewage treatment system shall also be present at the time of the final inspection. Section 6. Specific Waiver in Accordance with Part 75. 6.1 Where a violation exists and the site conditions exist which makes strict conformance with State Standards impossible or impractical, the Chief Executive Officer may waive specific code requirements. Approval or denial of such a waiver will be based upon completion and submission of a waiver application form, which must contain sufficient documentation demonstrating that the granting of such a waiver will not pose an APRIL 27, 2011 141

unacceptable health and/or environmental risk. All new construction shall adhere to the State Standards and shall not be eligible for a Specific Waiver. Section 7. Inspections 7.1 A final inspection of the individual sewage treatment system must be conducted to verify correct installation in accordance with plan requirements and permit conditions. The inspection must be performed by a licensed professional engineer, a licensed architect or Department of Health representative. 7.2 No portion of the individual sewage treatment system shall be covered with soil or be placed into operation until the system has been inspected and approved by the Chief Executive Officer or designated representatives. The Chief Executive Officer may require the system to be uncovered if back filled without such authorization. 7.3 The Chief Executive Officer or representatives may make inspections during the course of construction of the individual sewage treatment system to verify compliance with this regulation. 7.4 No individual sewage treatment system shall be put into service until written approval is issued by the Chief Executive Officer and final grading of the system has been completed. The Chief Executive Officer or representatives may authorize a system’s use pending issuance of the written approval and final grading if necessary to correct existing health hazards, provided a new health hazard would not be created. Approval use of an individual sewage treatment system may be granted on a conditional basis by the Chief Executive Officer or designee when final grading has not been completed due to weather conditions. A written agreement between the permittee and the Department of Health which identifies an acceptable date for completion shall be required. Section 8. Exposure or Discharge of Sewage. 8.1 It is a violation of this Sanitary Code to allow the exposure or surface discharge of sewage. No person shall maintain or operate any individual sewage treatment system, so as to expose or discharge sewage or sewage effluent there from onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or in any manner potentially hazardous to the health of others. Any individual sewage treatment system so maintained or operated shall be corrected to prevent the exposure or discharge of sewage or sewage effluent onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer, drain or roadside ditch or hazard to the health of others. The provisions of this Section shall not apply to those discharges of sewage effluents duly approved and permitted under Article 17 or the Environmental Conservation Law. Section 9. Installers of Individual Sewage Treatment Systems. 9.1 No person shall install an individual sewage treatment system in Livingston County unless there is a valid permit issued by the Chief Executive Officer pursuant to this article. 9.2 All installers of individual sewage treatment systems must obtain approval from the Livingston County Department of Health. To obtain approval an Installer must demonstrate the ability to install individual sewage treatment systems in accordance with State Standards, as that term is defined in the Sanitary Code. An installer must also demonstrate ability to install individual sewage treatment systems by providing the Department of Health with a list of previously installed and approved individual sewage treatment systems or by other relevant experience in installing individual sewage treatment systems. 9.3 All installers agree to be subject to performance checks by the Department of Health. An Installer’s approval may be revoked by the Department of Health if it is determined that the Installer is not complying with Article II of the Sanitary Code of The County of Livingston or State Standards. 9.4 Approvals shall be valid for a three year period and may be renewed if the Installer demonstrates compliance with Sections 9.1 and 9.2 herein and continued successful system installations. 9.5 An Installer, after obtaining approval to install an individual sewage treatment system, shall install the system according to the installation permit and all conditions contained within the permit. 9.6 An Installer shall cease installation if it is determined that the system cannot be installed according to the permit and Part 75-A Standards and shall immediately contact the Livingston County Department of Health and the design engineer to discuss acceptable design changes to reach compliance with the permit and applicable regulations. 9.7 The Department of Health, its designee or design engineer will serve as a consultant to the Installer should a question/problem occur on site regarding the installation of the system. All Installers must have the ability to adjust the individual sewage treatment system in accordance with any suggested changes by the consultant. 142 REPORT OF THE SUPERVISORS’ PROCEEDINGS

9.8 An Installer shall be present during the final inspection. 9.9 If additional field visits are required (excluding initial percolation test and initial final inspection), the Installer will be billed at $25 per visit. 9.10 Any individual sewage treatment system installed by a non-approved Installer will not be approved by the Livingston County Department of Health. Section 10. Sewage Treatment System Cleaners. 10.1 Collection, transportation and final disposal of material removed, drained or flushed from sewage treatment systems shall be performed in a safe, sanitary manner and in accordance with the New York State Environmental Conservation Law, Section 27-0301 et seq. and Part 364 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

ARTICLE III - NUISANCE ABATEMENT Section 1. Definitions 1.1 Approved Disposal Area shall mean a specific area, site or location operated under a permit or approval of the New York State Department of Environmental Conservation or a location using a generally acceptable method of waste management. 1.2 A Public Health Nuisance is a condition that causes a common injury adversely affecting the health and/or safety of the residents of the local community. 1.3 Offensive Material as used in this Article means any offal, sewage, fecal matter, urine, refuse, rubbish, garbage, dead animals, meat wastes, body fluids, or any putrescible matter or any solid, liquid or gaseous material which the Chief Executive Officer or designee determines may be dangerous to or adversely affect health. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the transmission of communicable diseases to residents of Livingston County by preventing exposure to sources or potential sources of such diseases. It is the policy of the Livingston County Department of Health to prevent or have abated all public health nuisances that may be detrimental to the life and health of the citizens of Livingston County. 2.2 Any person who causes a Public Health Nuisance or condition that may adversely affect health to occur is in violation of the Sanitary Code of Livingston County Section 3. Filing Complaints 3.1 Complaints shall be received in any form so that prejudice with regard to literacy, language, religion, ethnicity or other cause may be avoided. Complaints must include a description of the concern or incident, a description of the public health impact and other relevant information such as the location or facility so that the person who may be responsible for the public health nuisance can be identified. 3.2 Complaints shall be evaluated as to their merit, cause for, and source to determine their validity. Complaints determined to be valid shall be provided to the Public Health Director or designee to determine if an investigation is warranted. Section 4. Investigation 4.1 Whenever any establishment, building, premises, place of business or residence becomes or is maintained or operated in such a manner so as to emit, discharge, dispose, release or cause an accumulation of Offensive Material that would constitute a Public Health Nuisance, may adversely affect health or is the cause of a nuisance elsewhere, the situation shall be investigated. 4.2 An investigation may be conducted in response to a complaint or when the Chief Executive Officer or designee becomes aware of a condition that may adversely affect health. 4.3 The Chief Executive Officer, or designee, may enter to investigate upon or within any building, premises or place where public health nuisances or conditions identified in a complaint that may affect health are known or believed to exist, or which are the cause of public health nuisances known or believed to exist elsewhere. 4.4 The investigation may include visual observation, conducting tests, and the collection of materials for testing, and/or the review of documentation on or off of the premises related to the public health nuisance. 4.5 The results of the investigation shall be documented in a written statement describing the findings of the investigation, testing or review conducted in response to the complaint. 4.6 The documentation shall indicate: the date and time of the investigation; the conditions found; cite the regulations that were violated; contain a sufficiently descriptive statement to support a conclusion of whether a public health nuisance or a condition that may adversely affect health exists at the location or has been caused APRIL 27, 2011 143

to exist elsewhere. The health official performing the investigation shall also document actions, if any, already taken to abate the condition and indicate if the nuisance has been abated by the actions taken. Section 5. Abatement 5.1 The Chief Executive Officer or designee shall evaluate the complaint and investigation results to determine if a Public Health Nuisance or a condition that may adversely affect health continues to exist. If the condition requires further abatement, the Chief Executive Officer or designee shall order its abatement through the delivery of a Repair Order to the owner, operator or person responsible for causing the Public Health Nuisance. The abatement of a nuisance or condition that may adversely affect health shall be completed within 72 hours of receipt of the Repair Order, or the time allowed in the Repair Order. 5.2 Abatement shall be the responsibility of the operator of the facility, owner of the premises or person responsible for causing the condition in need of abatement. All costs for abatement shall be borne by the responsible person, operator or owner. 5.3 The actions of abatement shall include the removal and proper disposal in an approved disposal area of the Offensive Material. The area where the Offensive Material was staged, released or traveled to will also be abated and/or decontaminated, if deemed necessary by the Public Health Director or designee, to remove the potential for remaining residues to result in conditions that may adversely affect health. 5.4 If abatement is not conducted within 72 hours, or the time allowed in the Repair Order, the Chief Executive Officer shall issue a summons and notice of citation for the owner, operator, and or the person responsible for causing the public health nuisance to appear at a Formal Hearing to answer to the charges against them. Section 6. Control of Offensive Material 6.1 Any person who generates, stores, or holds Offensive Materials on or in any premises shall ensure that the material is stored or handled in a manner that will not result in creation of a nuisance or adversely effect health. No person, operator or facility shall store any Offensive Material in any place or in any building or structure unless the material is treated, screened, covered, or placed so as not to create a nuisance or adversely effect health. All structures or containers for storage shall completely confine the material and hold it without a release. All containers for storage or staging shall be kept in a sanitary condition. 6.2 Offensive Materials shall not be deposited, thrown, discharged, dumped or otherwise allowed to enter into streams, ponds or other bodies of water or onto the surface of the ground or into the ground or groundwater, except in such a manner which is consistent with any and all applicable Federal, State and Local laws rules, regulations, and ordinances. 6.3 No person, operator, or owner shall remove or transport or permit the removal or transport of any Offensive Material except in a manner which is consistent with any and all applicable Federal, State and Local laws, rules, regulations and ordinances and in such a manner that will prevent the creation of a nuisance or condition that may adversely affect health. All materials shall be handled, packaged, covered, or treated so that it cannot escape or be accessible to vectors and vermin or create a public health nuisance, or condition which may adversely affect health. 6.4 All dead domestic or farm animals shall be buried, or disposed of in a sanitary manner by the owner, operator, or person responsible for the animal, within 72 hours of its death or after its carcass has been discovered, except as otherwise regulated by Article 26 of the Agriculture and Markets Law of the State of New York. Section 7. Liability 7.1 Any person, operator or owner that has caused a release of Offensive Material or is holding, staging or storing Offensive Material that is causing a nuisance or may adversely affect health shall be liable for all costs associated with the clean-up, removal and disposal of Offensive Materials. 7.2 If the owner, operator, or person responsible for the release, holding, staging or storage of Offensive Material does not complete abatement within the time allowed by the order of the Chief Executive Officer or designee, to protect the health and safety of the public, the Department of Health may take whatever action is deemed appropriate to remediate and abate the condition. Any and all costs incurred in the course of abatement shall be the responsibility of the owner, operator or person responsible for creating the public health nuisance. Section 8. Condemnation 8.1 Whenever it is found by the Chief Executive Officer or designee, that a residence, place of business or part thereof has become unsanitary and may adversely affect health or is unfit for human habitation or other type of occupancy, the premises will be considered to be a public health nuisance. The Chief Executive Officer may 144 REPORT OF THE SUPERVISORS’ PROCEEDINGS

issue a Repair Order requiring the occupant, operator, or owner to abate the nuisance or condition that may adversely affect health by placing the residence or place of business into a habitable and sanitary condition within a time period specified by the Chief Executive Officer or designee. 8.2 Upon failure of the occupant, operator, or owner, or agent thereof to comply with such Repair Order, the Chief Executive Officer or Board of Health may issue an additional order, to be affixed conspicuously upon the residence or place of business, to discontinue its use at such a time as identified in the order, until the time that the residence or place of business or part thereof can be placed in a sanitary and habitable condition and the nuisance abated. 8.3 Upon failure of such a residence or place of business to be vacated within the time specified, the Chief Executive Officer or Board of Health may issue a warrant to the Livingston County Sheriff, directing that such residence or place of business be vacated until such time as the nuisance is abated, and the Livingston County Sheriff shall forthwith execute such warrant pursuant to the law.

ARTICLE IV - RABIES CONTROL Section 1. Definitions 1.1 "Confinement and observation" refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic livestock, which are not exhibiting symptoms of rabies, must be maintained if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. The ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm for an animal not actively immunized against rabies at the time of the bite. The Chief Executive Officer or designee may allow home confinements and observation for animals actively immunized. Confinement and observation includes verification by the Chief Executive Officer or designee both during and at the end of the ten day period that the animal cannot or has not escaped and has remained healthy. 1.2 "Quarantine" refers to a six month period of restriction for animals, which are not actively immunized against rabies and have been exposed to a potentially rabid animal, in accordance with applicable regulations of the department. The quarantine must include provisions to prevent escape of the animal during the quarantine period and to minimize contacts with humans and other animals, and these provisions must be verified by the county health authority during and at the end of the six month period. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of rabies to residents of Livingston County by preventing exposure to animals that have been ordered to be confined or quarantined and have been found not properly quarantined or confined. Section 3. Inspection 3.1 In accordance with New York State Sanitary Code Part 2.14, inspection of animals ordered to be confined or quarantined shall be conducted during the confinement or quarantine periods. 3.2 In accordance with the provisions of the New York State Sanitary Code and Sanitary Code, the Livingston County Department of Health may make inspections to determine compliance with applicable provisions of the sanitary code. Section 4. Seizure 4.1 Any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Any duly appointed person who seizes, confines, or destroys a dog, cat or domesticated ferret pursuant to this section shall immediately report in writing the facts relating thereto to the Chief Executive Officer or designee.

ARTICLE V – FOOD SERVICE ESTABLISHMENTS Section 1. Training 1.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of communicable diseases to residents of Livingston County by reducing the potential for exposure at facilities under the regulation of the Livingston County Department of Health. APRIL 27, 2011 145

1.2 To reduce the potential for the transmission of communicable diseases to residents of Livingston County and visitors to regulated food service establishments in Livingston County, it shall be required that at least one employee of every regulated food service establishment shall have a current certificate of training from a food service training program approved by the Livingston County Department of Health. The receipt of a training certificate shall be based upon attendance at an approved course and achieving a passing grade on testing associated with the course. 1.3 A training certificate shall be obtained within six months of opening a new food service establishment. Section 2. Posting 2.1 To communicate correct practices for food or utensil handling and assist in the continued implementation of those practices, posters identifying the desired handling methods shall be posted at each food service establishment. The posters will be provided by the Livingston County Department of Health and must be placed in a location readily observable by food service workers during their work activities.

ARTICLE VI - ENFORCEMENT Section 1. Enforcement. Civil and Criminal Penalties; Hearings; Procedures. 1.1 It shall be the duty of the Board of Health, or their authorized designee, to enforce the provisions of the Public Health Law, the applicable parts of the State Sanitary Code and the Sanitary Code and the Board of Health shall have such powers and duties as conferred upon it by the provisions of the Public Health Law or New York State. 1.2 Pursuant to the provisions of the Public Health Law, the Board of Health, or their authorized designee, may: (i) issue subpoenas which shall be regulated by the Civil Practice Law and Rules; (ii) compel the attendance of witnesses; (iii) administer oaths to witnesses and compel them to testify; (iv) issue warrants to any peace officer in the County or a municipality within the County to apprehend and remove any person or persons as cannot otherwise be subjected to their orders and regulations, and to the Sheriff of Livingston County to bring to its aid the power of the County whenever it shall be necessary to do so; (v) issue repair orders; and (vi) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the provisions of the Sanitary Code, or any of the provisions of the State Sanitary Code, after holding a hearing thereon. Such penalties shall not exceed one thousand dollars ($1,000) for each violation to be sued for and recovered by the Board of Health, or their authorized designee, in any court of competent jurisdiction. Nothing herein contained shall be construed to exempt an offender from any other prosecution or penalty provided by law. 1.3 Every warrant issued by the Board of Health, or their authorized designee, shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly executed out of a court record of the State. 1.4 Nothing contained in this Section shall be construed to alter or repeal any existing provisions of law declaring such violations or any of them misdemeanors or felonies or prescribing a penalty therefore. 1.5 Pursuant to the provisions of Section 348 of the Public Health Law: (i) provisions of the Sanitary Code shall have the force and effect of law. (ii) certified copies of the Sanitary Code shall be received in evidence in all courts and proceedings in New York State. 1.6 Hearings. The Board of Health, or their authorized designee, may cause to have issued and served upon the person complained against a written notice, together with a copy of the complaint made against him, which shall specify the provisions of the Code, Rule or Regulation of which such person is said to be in violation and a statement of the manner in which that person is said to violate it and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of Health, or their authorized designee, or its designated hearing officer at a time not less than fifteen (15) days after the date of service of notice.

146 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The Board of Health, or their authorized designee, may serve, together with a copy of the complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation with the Department of Health, agreeing to correct the violations set forth in the complaint under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing. 1.7 Complaints; Conduct of hearings. (i) The respondent to such complaint may file a written answer thereto and shall appear at such hearing in person with or without counsel, and may submit testimony, or may do both. (ii) The Board of Health may issue subpoenas and administer oaths in connection with any hearing or investigation under and pursuant to this Article, and it shall be the duty of the Board of Health for such purposes to issue subpoenas at the request of and upon behalf of the respondent requiring the attendance of witnesses and the production for examination of any book or paper relating to the matter at any hearing or investigation. (iii) The testimony at the hearing shall be under oath and recorded. 1.8 Order or Determination. After due consideration of the written and oral statements, the testimony and arguments that shall be submitted under the provisions of sub-section 1.7 above, or default in appearance of the respondent on the return day which shall be specified on the notice given in subsection 1.6 above, the Board of Health, or their authorized designee, or designated Hearing Officer may issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall notify the respondent thereof in writing by certified mail or by personal service. 1.9 Review. Any final order or determination or other final action by the Board of Health, or their authorized designee, or designated Hearing Officer and the validity or reasonableness of any code, rule or regulation of the Board of Health shall be subject to review as provided in Article 78 of the Civil Practice Law and Rules. SECTION TWO – All prior enactments of the Sanitary Code of the County of Livingston are hereby repealed. SECTION THREE – This Local Law shall be effective upon filing with the New York State Department of Health and the New York State Secretary of State. Dated at Geneseo, New York April 13, 2011 (Introduction) April 27, 2011 The roll was called as follows: Ayes - 1,728; Noes - 0; Absent – Davis, 24; Adopted.

OTHER BUSINESS 1. EMPLOYEE RECOGNITION CEREMONY – HONORING EMPLOYEES WITH 10 AND 25 YEARS OF FULL-TIME SERVICE Chairman Merrick welcomed the employees and family members to the 14th Annual Employee Recognition Ceremony for those employees who have 10 and 25 years of full-time service. He thanked the employees for their service to Livingston County and encouraged everyone to attend the reception, which will be held in the Third Floor Lobby immediately following the ceremony. At this time, he turned the program over to County Administrator Ian M. Coyle. County Administrator Ian M. Coyle provided the following remarks:

Employee Recognition – 2011 Thanks to Virginia Amico and Ashley Scutt for their work in putting this program together and the Central Services staff for organizing the layout. Round of applause. We always say this is the most important meeting of the year. Why? We celebrate our people! and in doing so, our services that these people provide. That is why we exist, to provide service, and how we provide the service is through the hard work and dedication of our workforce. Today, we recognize some for their longevity. The 48 people listed in today’s program number six-hundred and sixty (660) years of combined service. Thirteen (13) of these people started to work for the county in 1986. Their fill-up for the drive to work cost them 93 APRIL 27, 2011 147

cents/gallon. They might sit down to watch the Cosby Show after a hard day’s work. And my beloved Buffalo Bills won 4 games and lost 12. Thirty-five (35) people recognized here today started their careers with the County in 2001. Their drive cost $1.50/gallon. Their favorite sitcom that year might have been Everybody Loves Raymond or the Sopranos. And my beloved Buffalo Bills had regressed after peaking in the Super Bowl appearance years, to 3 wins, 13 losses. The people whose names we will call, come from fifteen (15) different departments but all have one common goal --- Public Service to the residents of Livingston County. As I did last year, in preparation of today’s meeting, I was looking for insightful quotes on what public service means. You may recall Teddy Roosevelt, Margaret Chase Smith quotes from last year’s speech. I of course found some good ones, but it was the negative ones that caught my eye and made me want to “create” a new one. In case you didn’t realize, it’s not an easy time to be a public sector employee. Many negative stereotypes are out there. I naturally googled public sector worker quotes and I found jokes. I didn’t like that I found but in the spirit of transparency, I will share them, and also a new one I created -- Here’s what I found --- and it is OK to laugh, I did. Joe Taxpayer to Bob Taxpayer: How many people work in your office? Bob Taxpayer: About half of them.

Q. Why didn’t the public worker open his window in the morning? A. There would be nothing for him to do in the afternoon if he did that.

And this one hit particularly close to home and is quoted as it was written on the web page ---

Q. What do you call a county worker with a ping-pong paddle in his office desk? A. The Administrator.

Well, I’ve got a spin on one of the jokes I would like to share – with a direct tie in to the 48 people we are recognizing this afternoon. And believe it or not I’m not going to change the Administrator one – although I do not have a ping pong paddle in my desk drawer. I do, however, have a basketball on my bookshelf. I actually spin the ball on my finger for stress relief – hence my raw fingertips. So --- why didn’t the public worker, the Livingston County employee, open their window in the morning? Could it be they were caring for a patient with dementia? Assisting a taxpayer with an assessment question? Rehabilitating a homebound person with a temporary disability? Taking a 911 call with a robbery in progress? Investigating the alleged robbery? Arresting the suspect? Overseeing the suspect once in jail? Making sure the court facility is safe for the eventual trial? Protecting the public interest through prosecution? Trying to help the suspect get needed legal assistance? Or maybe they were providing end of life respite care? Scheduling staff at the county nursing center? Fixing a drainage ditch? Making repairs to a government building? Finding a county resident temporary assistance until they get back on their feet? Approving foster home placements? Investigating a child or adult abuse case? Processing a vehicle registration with a smile? Training someone on how to find a new job after a lay-off? Mentoring and developing the county’s youth? Making technology work for county residents needing services? Or perhaps they were busy attracting employers and with them, jobs to the community? Handling an unsafe road condition report? Providing counsel to a person with mental illness? Assuring our drinking water is safe? Visiting an at-risk newborn and their young mother? So what is the answer --- the answer is “all of the above.” All of the above goes on every day in Livingston County with the work provided by these exact people we’re recognizing this afternoon. And the message / punch line for this particular joke– the window can wait, the Livingston County employee has work to do. I want to say, on behalf of the Board of Supervisors – thank you. Thank you all for your sacrifices and your commitment to public service in Livingston County. You all deserve a round of applause. We’re going to begin the ceremony, so if I could have the Department Heads for those Departments having employees recognized come up to the podium area in the front of the room.

Chairman Merrick led a standing ovation. 148 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The County Administrator, Chairman Merrick and Vice Chairman Moore recognized the following employees for their years of service:

DEPARTMENTAL EMPLOYEE PRESENTATIONS

DEPARTMENT HEAD 10-YEAR AWARD Livingston County Public Defender Marcea Clark Tetamore

10-YEAR AWARDS (36 recipients) Center For Nursing & Rehabilitation – William Baierschmitt, *Terri Lynne Brockington, Ronda Pragle, *Melissa Tarbell, & *Matina Yencer Central Services – Aaron Weaver County Clerk – Lois Shero Department of Health – *Marsha Abe, Rodney Clements, Prudence King, James Mazurowski, *Patricia Miles, & Kathleen Root Department of Social Services – Marcia Barber, Tina Beardsley, Rene Dietz, Holley Hillier, Marsha Mitchell, & Jean Vonglis District Attorney - *Dorothy Thompson Economic Development – Julie Marshall Highway Department – Maruth Dieter Information & Technology Services – Daniel Bielaski & Judith Miller Mental Health – *Andrew Kershner Public Defender – Lisa Dugan Public Works – Rene Lewis Sheriff’s Department – Michael Anne, Aaron Galvin, Boe Langless, *Randall Scott Newton, Stephen Zabrocki, & Joseph Zambito Workforce Development – Nita Rae Hawkins & John Jaeger

25-YEAR AWARDS (12 recipients) Center for Nursing & Rehabilitation –*Donna James, *Joyce Taylor & Cheryl Rossborough Department of Health– Theresa Gilliland Department of Social Services - Donna Adamson, *Marguerite Chapman, Joan Loop, Donna Mankoff, Audrey Rapp, & Christine Strobel Real Property Tax Services - Sandra Johnson Sheriff’s Department - Gerald Kane * Honoree unable to attend A total of 48 recipients were recognized.

Vice Chairman Moore thanked those employees for their years of service and announced that a reception will be held in the lobby immediately following the Board meeting in honor of the employees. Individual photographs were taken of all employees recognized.

ADJOURNMENT Motion made by Mr. Gott and seconded by Mr. Wadsworth to adjourn until Wednesday, May 11, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:15 p.m. MAY 11, 2011 149

REGULAR BOARD MEETING WEDNESDAY, MAY 11, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Moore (Leicester), Mr. Davis (Portage) and Mr. Buckley (Springwater).

PLEDGE OF ALLEGIANCE Lima Supervisor J. Peter Yendell led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 4/27/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from Sandy Johnson of Real Property Tax Services, for recognition of her 25-years of service. 2. Thank you note from Holley Hillier of Department of Social Services for recognition of her 10-years of service. 3. Thank you note from Dan Bielaski of Information & Technology Services for recognition of his 10-years of service. 4. Notice of Claim in the matter of Linda Boor and Ross Boor, her husband, versus County of Livingston, New York. 5. InterCounty Association of Western New York meeting will be hosted by Cattaraugus County and held on Friday, May 13, 2011, 9:30 AM registration, $20. PROGRAM: Crystal J. Abers, Director Economic Development, Planning and Tourism - Tourism in Cattaraugus County and Stephen H. Teachman, District #10 Legislator - Civil War Presentation. 6. Portage Supervisor Ivan Davis telephoned to thank the Board for the Wegmans gift card. 7. Reminder to submit the following: (1) Ethics Disclosure Statement by May 16, 2011 and (2) Certification that you have completed the Workplace Violence Prevention Training Program. 8. Thank you note from Public Defender Marcea Clark Tetamore for recognition of her 10-years of service.

Mr. Moore entered.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-176 APPROVING ABSTRACT OF CLAIMS #5A – MAY 11, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #5A dated May 11, 2011 in the total amount of $2,103,221.43. Dated at Geneseo, New York May 11, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

PRIVILEGE OF THE FLOOR 1. PLANNING DIRECTOR ANGELA ELLIS & CHAIRMAN OF EMC ERIC GRACE – PRESENTATION OF EMC AWARD Planning Director Angela Ellis stated this is the 41st anniversary of Earth Day and the 13th anniversary of EMC presenting this award. She stated it was her pleasure at this time to introduce Eric Grace, Chairman of the Environmental Management Council. Eric Grace, Chairman of the Environmental Management Council presented the following remarks: In 1979, the Board of Supervisors created the Environmental Management Council. Its charge is to work cooperatively with the Board of Supervisors, local municipalities, and citizens of the County on the protection, preservation, development and use of the County’s natural resources. The Council consists of 11 volunteers representing two broad constituencies: 1. agriculture and 2. general citizens. At this time, E. Grace asked if there were any EMC members present and there were none. 150 REPORT OF THE SUPERVISORS’ PROCEEDINGS

I would also like to recognize one of the founding members of the EMC who cannot be with us today – Mrs. Jean Meekin. Mrs. Meekin passed away last month on April 21st. Those of you who knew her know that she was a tireless advocate for the protection of Conesus Lake. Her energy and passion will be missed. She was affectionately known as the “conscience of Conesus Lake.” Her commitment to educating the public and elected officials about the importance of preserving a safe, clean environment and the beauty and splendor of Livingston County and its waterways is, we believe, unparalleled in Livingston County. Thirteen years ago, the EMC started the Earth Day Award. And Mrs. Meekin was the first Livingston County EMC Earth Day Award recipient. This year marks the 41st Anniversary of Earth Day. Earth Day, as you are probably aware, was established by the federal government in April, 1970, and has become an annual event to increase awareness of the environment. The 2011 EMC Earth Day Award recipient is the Conesus – Livonia Environmental Action Network (CLEAN) Recycling Center. Now I will invite Director Bill Cayea to join me. In addition, Dan Walkley, a worker at the Center also joined them at the podium. Information about the CLEAN Recycling Center  This year marked the 20th anniversary of the CLEAN Recycling Center The audience presented a standing ovation.  Located in the Town of Conesus, the Center primarily serves residents in the towns of Conesus and Livonia  The success of the Center is rooted in talented staff and thousands of hours of local volunteer efforts.  Today, the Center is doing about 2 times the amount of business that it did 20 years ago. And in recent years, the Center has become a self-sustaining effort with minimal to no cost to tax payers.  The Center has demonstrated that local residents think recycling is important. In 2010, the Center issued over 900 Annual Recyling Permits to residents.  The Center has a unique and popular feature – a greenhouse dedicated to reusable items donated by residents.  Bill Cayea has been the Director since 2007. And to quote Supervisor Brenda Donohue, Mr. Cayea “has done a wonderful job of managing the flow of materials, supervising paid staff and community volunteers, and seeking out new and better recycling opportunities. Bill has a passion for the job that is reflected in his constant search for better market opportunities, a very necessary ingredient for success.” We congratulate Mr. Cayea and the CLEAN Recycling Center on their 20 years of success. The achievements of the Center represent true environmental benefit and add to the quality of life for Livingston County residents. We thank you for your efforts and continued work on keeping our environment green and clean. Now I will invite Mr. Merrick, Chairman of the Board of Supervisors to the podium for the award presentation. Chairman Merrick presented the EMC Award to Director Bill Cayea. Director Bill Cayea and Dan Walkley thanked EMC for the award. Chairman Merrick thanked Angela Ellis and Eric Grace for their presentation and congratulated the recipients.

2. RACHEL PENA, PROJECT DIRECTOR FOR HEALTHY COMMUNITIES THAT CARE OF CASA OF LIVINGSTON COUNTY, INC., AND DAN WEBB, PROGRAM EVALUATION SPECIALIST - PROVIDING INFORMATION TO THE BOARD OF SUPERVISORS ABOUT THE RISK AND PROTECTIVE FACTOR DATA COLLECTED FROM THE RECENT PREVENTION NEEDS ASSESSMENT SURVEYS OF LC HIGH SCHOOL STUDENTS Rachel Pena and Dan Webb distributed handouts regarding Prevention Needs Assessment Data (on file). Rachel thanked the Board for Privilege of the Floor and provided an overview of the data. She indicated that a Healthy Communities That Care Town Hall meeting has been scheduled for Wednesday, May 18, 2011 at 7 PM at the Goodwill Community Center, Geneseo to talk about the survey results. She encouraged the Board of Supervisors to attend this meeting. Rachel explained that Healthy Communities That Care began in 2002 and the Genesee Valley Health Partnership (GVHP) saw a need for substance abuse prevention. In 2008, GVHP was awarded a Federal drug-free grant to address behaviors and collect information through youth surveys and hire an external evaluator to determine the results of the surveys and recommend prevention strategies. Rachel introduced Dr. Dan Webb. Dr. Dan Webb stated he is co-owner of Catalyst Research of Buffalo, New York. He reviewed the information that was collected from 2000 students in grades 6,8,10 and 12, which provided a good overview of what is happening with regard to alcohol and tobacco usage among the youth. Dr. Webb stated that in 2004, nationally 48% of the youth MAY 11, 2011 151

surveyed used alcohol in the past 30 days and in Livingston County 29.1% admitted to using alcohol in the past 30 days. In 2010, the national percentage using was 43.5% and the Livingston County percentage dropped to 21%. He explained the 2004 national average for binge drinking in the past two weeks (5 or more drinks) was 21% and 16.9% for Livingston County. In 2010 the national average dipped to 16.8% and Livingston County to 10.2%. In 2004, cigarette usage, in the past 30 days, reflected the national level at 17% and 13.8% for Livingston County, and in 2010 the national average was 13.2% and Livingston County usage dropped to 6.6% representing a 52.5% decrease. Marijuana usage in 2004 showed a 14% national average and 13.2% for Livingston County and in 2010 the national average was 14.3% and Livingston County went down to 8.8%. Dr. Webb stated he was hopeful that this information was informative, and he asked if there were any questions. The Board did not have any questions. Chairman Merrick thanked Rachel and Dr. Webb for their presentation.

3. PUBLIC HEALTH DIRECTOR JOAN ELLISON – 2010 ANNUAL REPORT Public Health Director Joan Ellison commented the information that Rachel and Dan, who presented just before her, was great news and she stated she was very impressed with these findings. J. Ellison presented her 2010 Annual Report through a power-point presentation (on file). She also distributed a hard copy of the 2010 Annual Report (on file). J. Ellison indicated there are three core Public Health functions—Assessment, Policy Development and Assurance. She reviewed the Ten Essential Public Health Services and reviewed the following Highlights from 2010:  Monitor health status to identify community health problems  2009-2010 Flu season - The Department held 55 influenza clinics immunizing 5,131 residents for H1N1 and 5,044 for seasonal influenza.  Obesity Prevention - A review of the BMI data from schools shows an increase of 3% in the healthy weight category, a decrease of 3% in the overweight category, and a 1% increase in the obese category.  MAPP (Mobilizing for Action through Planning and Partnership) was completed with identification of five health areas to improve:  Promote a Safe Community  Promote Prevention  Improve Nutrition and Increase Physical Activity  Strengthen Social and Emotional Health  Improve Access to Health Care  Diagnose and investigate health problems and health hazards in the community  Forty people were potentially exposed to the rabies virus and were provided treatment to prevent the onset of this deadly disease.  The shortage of EMS volunteers continues to be a significant concern. An average of 9.4% ‘no-crew’ rates were experienced among the EMS agencies; with 13/34% of calls having greater than 20 minutes response time for requested emergency services.  Over 160 samples of water were collected from public water supplies, private wells, and Conesus Lake beaches to ensure that drinking water supplies and bathing beaches were safe.  Inform, educate and empower people about health issues  Several training workshops related to Environmental Health Programs were provided for community residents to include: Private Water Workshop, Watershed Presentations, and Tobacco Sales Clerk Training.  To sensitize the community about the local needs to address the prevention of unintended pregnancies and transmission of sexually transmitted disease, presentations were provided that specifically targeted promoting male involvement in family planning.  The Cancer Services Program, which provides breast, cervical, and colorectal cancer screenings to uninsured and underinsured individuals, continues to be successful by utilizing innovative outreach and recruitment initiatives.  Mobilize community partnerships to identify and solve health problems  In celebration of National Public Health Week, the 12th Annual Taste of Livingston County was a great success. 525 people attended.  Based on the 9.4% no-crew rates for EMS, two of the three most severely affected agencies have entered into an agreement with Livingston County Government for the provision of EMS services. 152 REPORT OF THE SUPERVISORS’ PROCEEDINGS

 The MRC Volunteers participated and assisted the Department in the H1N1 Clinics (2009-2010), flu clinics for 2010, as well as other Departmental activities.

 Develop policies and plans that support individual and community health efforts  A long standing identified health need and gap in services was met with the opening of the dental health services in October.  The Department, with the County Administrator, initiated an employee wellness program, SHAPE (Supportive Health Awareness Program for Employees).  Three-day care facilities adopted a tobacco free policy; one adopted a Play-Tobacco Free Policy for the playground area, and one municipality adopted a Tobacco Free Policy for all owned and leased property including parks, playground, and parking lots.  Enforce laws and regulations that protect health and ensure safety  69 public water supplies and one bulk water hauler received inspections; 215 Watershed Inspections were conducted on Conesus Lake; 396 Food Service Permits were issued, and all Temporary Residences, Campgrounds, Mobile Home Parks, Children’s Camps, and Public Swimming Pools, Beaches, and Spas received inspections and were issued operating permits.  Sale of tobacco products to minors occurred during 3 of the 73 retail tobacco sales checks and 1 counter display violation also occurred.  Six complaints regarding smoking in public places were filed with the Department.  Link people to needed personal health services and assure the provision of health care when otherwise unavailable  Clinic visits to the Reproductive Health Center increased by 1.2%.  Facilitated enrollment is provided on site and in conjunction with the Department of Social Services. Health Insurance applications (376) were completed resulting in 628 residents receiving health insurance.  Hospice Services were provided to two individuals who in the past would not have received services.  Assure a competent public health and personal healthcare workforce  Training was provided to staff in the Certified Home Health Agency for a new assessment tool.  Through State sponsored courses, EMS trained 19 Certified First Responders, 105 Emergency Medical Technicians, and 6 Emergency Medical Technician Intermediate/Critical Care refreshers.  Fiscal staff participated in several training programs throughout the year resulting in better data tracking and reporting.  Evaluate effectiveness, accessibility, and quality of personal and population-based health services  The Department was able to keep the local share (County cost) to 18.82% of the overall Department budget, despite federal, state, and third party reductions.  Referrals and visits for the CHHA climbed significantly, beginning in May.  A retrospective analysis of Cardiac Arrest Management led to a tactical change in management from the standard use of endotracheal intubation and peripheral intravenous lines for medication.  Research for new insights and innovative solutions to health problems  Two schools completed the Center for Disease and Prevention’s School Health Index (SHI) bringing the total number of schools completing the SHI to six.  The Department was one of four local health departments nationwide awarded a $20,000 Grant from the National Association for County and City Health Officials (NACCHO) regarding vaccine safety.  The CHHA was again awarded the HomeCare Elite Award, which recognizes agencies whose quality improvement indicators and financial performance are among the top 25% in the Nation.

J. Ellison reviewed the definition of Public Health—helping the community by looking at it globally and from a community perspective. She reviewed statistics from a study conducted by the University of Wisconsin regarding Mortality and Morbidity rates. She indicated in 2009, Livingston County was ranked the 4th healthiest County in New York State and for 2010 we ranked 8th. She explained the Health Outcomes for Mortality for those under the age of 75 per 100,000 we ranked 2nd last year and this year we ranked 16th (more people died this year than last year). In 2009, we were ranked 12th for Morbidity and this year we were first. Last year, we were 20th under Health Factors, which MAY 11, 2011 153

included Health Behaviors, Clinical Care and Social and Economic Factors, and this year we ranked 12th. J. Ellison stated we have improved significantly although this shows we have premature death for those under the age of 75. In conclusion, J. Ellison commented that prevention is what we are all about and what we like to subscribe to J. Ellison featured the Department of Health 2010 Oscar award winners for Best Picture, Best Actor/Actress in a Supporting Role, Best Actor/Actress in a Leading role and Longest Playing Series, J. Ellison stated that the Livingston County Department of Health has been in existence for 42 years. Chairman Merrick thanked Public Health Director Joan Ellison for her presentation.

PREFERRED AGENDA RESOLUTION NO. 2011-177 PROCLAIMING THE MONTH OF MAY AS FOSTER CARE MONTH WHEREAS, the youth of this county, state and nation are our most precious resource and hope for the future and all children deserve a loving and nurturing home so that they may meet their full potential; and WHEREAS, the people of this county and state are compassionate and have a longstanding tradition of opening their hearts and homes to children in need of a stable and permanent setting; and WHEREAS, foster care is an essential component of today’s world, and a practical means by which to provide children with a safe and loving home; and WHEREAS, the number of New York State and Livingston County’s children in foster care has declined, but there are still many children in need of a loving home; and WHEREAS, interested Livingston County citizens can contact the Livingston County Department of Social Services to learn more about becoming foster parents; and WHEREAS, devoted foster parents continually strive to improve the quality of life for the children in their care; and WHEREAS, it is important to recognize the enduring and valuable contributions of concerned, caring and compassionate foster parents; now therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby recognize May 2011 as Foster Care Month in Livingston County. Dated at Geneseo, New York May 11, 2011 Human Services Committee

RESOLUTION NO. 2011-178 APPOINTING FAIR HOUSING OFFICER – COMMISSIONER OF SOCIAL SERVICES WHEREAS, Livingston County, State of New York, has made application for Community Development Block Grant (CDBG) Funds from the State of New York; and WHEREAS, in accordance with Section 519 of Public Law 101-144, the HUD Appropriations Act requires the appointment of a Fair Housing Officer to provide certain statement of assurances and certifications; now, therefore, be it RESOLVED that the Livingston County Board of Supervisors appoints the Commissioner of Social Services to serve as the Fair Housing Officer for the County of Livingston. Dated at Geneseo, New York May 11, 2011 Human Services 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. Deming and seconded by Mr. Gott to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-179 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH 154 REPORT OF THE SUPERVISORS’ PROCEEDINGS

OFFICIALS (NACCHO), HOME AND HEALTH CARE SERVICES, INC., SUSAN G. KOMEN BREAST CANCER FOUNDATION, NEW YORK STATE DEPARTMENT OF HEALTH Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount National Association of County and City 9/30/10-9/29/11 $15,000.00 Health Officials (NACCHO) 1100 17th Street, N.W., 7th Floor Washington, DC 20036 For: ACHIEVE Grant National Association of County and City 4/1/10-3/31/12 $5,000.00 Health Officials (NACCHO) 1100 17th Street, N.W., 7th Floor Washington, DC 20036 For: Medical Reserve Corp (MRC) Home and Health Care Services, Inc. 1/1/11-12/31/11 $22.22/hr City Hall $33.33/hr Holiday 82 Main St, 3rd Floor $22.22/ Incident-Not Home Not Found Hornell, NY 14843 For: Home Health Aide Services to CHHA and Hospice patients. Susan G. Komen Breast Cancer Foundation 4/1/11-3/31/12 $12,000.00 Central New York Affiliate of Susan G. Komen for the Cure Elaine Jacobs, President of the Board 5008 Brittonfield Pkwy, Suite 300 E. Syracuse, NY 13057 For: Breast Cancer Screenings: Outreach and Awareness New York State Department of Health 4/1/11-3/31/12 $100,903.00 Bureau of Water Supply Protection 547 River Street, Flanigan Square, Room 400 Troy, NY 12180 For: Public Water Supply Enhancement Program Grant Dated at Geneseo, New York May 11, 2011 Human Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-180 MODIFYING RESOLUTION NO. 2011-041 LIVINGSTON COUNTY DEPARTMENT OF HEALTH MOBILE HOME PARK FEES Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, an error occurred in the wording of resolution no. 2011-041 in the Mobile Home Park entry on the Livingston County Department of Health Fee Schedule; and WHEREAS, the number of approved lots is based upon the plans submitted for a Mobile Home Park; and WHEREAS, the number of homes in the Park can vary at any point in time; and WHEREAS, the fee structure for Mobile Home Parks should be based upon the number of approved lots, now, therefore, be it RESOLVED that the Mobile Home Park entry of the Livingston County Department of Health Fee Schedule should be modified to read as follows: Mobile Home Parks 25 or Fewer Approved Lots $ 90.00 26-50 Approved Lots $155.00 MAY 11, 2011 155

More Than 50 Approved Lots $205.00 Dated at Geneseo, New York May 11, 2011 Human Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-181 AWARDING BID FOR THE DEPARTMENT OF SOCIAL SERVICES FOR A 2011 VAN – ROUTE-1 JEEP LLC Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a 2011 van, six bids were received and opened on March 30, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Route-1 Jeep LLC. $21,716.00 900 Highway 35 Ocean, New Jersey 07712 For: 2011 Dodge Grand Caravan Express Dated at Geneseo, New York May 11, 2011 Human Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-182 AUTHORIZING THE COMMISSIONER OF SOCIAL SERVICES TO SIGN A CONTRACT WITH THE FOLLOWING: LIVINGSTON COUNTY VETERAN SERVICES AGENCY Mr. Yendell 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 contract(s) for the Livingston Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Veteran Services Agency 1/1/11-12/31/11 $81,623.00 7 Murray Hill Drive Mt. Morris NY 14510 For: Information, assistance, referral and claims representation to veterans, dependents, survivors and other claimants for benefits provided under federal, state or local legislation. Dated at Geneseo, New York May 11, 2011 Human Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-183 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: NEW YORK STATE BOARD OF ELECTIONS Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Board of Elections 4/1/11-9/30/15 $2,745.00 40 Steuben Street Albany NY 12207 156 REPORT OF THE SUPERVISORS’ PROCEEDINGS

For: Voting Access for Individuals with Disabilities and Polling Place Access Improvements Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-184 AUTHORIZING THE IMPLEMENTATION AND SUPPLEMENTAL AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, ROW INCIDENTALS, ROW ACQUISITION, CONSTRUCTION, CONSTRUCTION INSPECTION AND CONSTRUCTION SUPPORT PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 4754.65, BIN 3316740), AND APPROPRIATING FUNDS THEREFOR: REPLACEMENT OF KYSORVILLE-BYERSVILLE ROAD (CR- 59) BRIDGE OVER BUTTERNUT CREEK, TOWN OF WEST SPARTA Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Replacement of the Kysorville-Byersville Road (CR-59) Bridge over Butternut Creek, Town of West Sparta, Livingston County (NYSDOT PIN 4754.65; BIN 3316740) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support phases; and WHEREAS, Livingston County Resolution No. 2010-310 authorized and funded a total of $774,738.00 for Preliminary Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support project phases; and WHEREAS, the Project has been completed, and an additional $19,500.00 in Construction/Construction Inspection phase funding is required to close out the project, now, therefore be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Seven Hundred and Ninety-Four Thousand, Two Hundred and Thirty-Eight Dollars ($794,238.00) (of which, with anticipated NYS Marchiselli Aid, the County share will be approximately $39,712.00) is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in all phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted. MAY 11, 2011 157

The Clerk of the Board announced the following resolution was omitted from the Tentative and Agenda Docket and added the resolution at this time.

RESOLUTION NO. 2011-185 AUTHORIZING THE IMPLEMENTATION AND SUPPLEMENTAL AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, CONSTRUCTION, AND CONSTRUCTION INSPECTION PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 4754.67, AND APPROPRIATING FUNDS THEREFORE: MAPLE BEACH ROAD (CR-45) PAVEMENT REHABILITATION PROJECT, TOWN OF GROVELAND, LIVINGSTON COUNTY Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Pavement Rehabilitation of Maple Beach Road (CR-45), Town of Groveland, Livingston County (NYSDOT PIN 4754.67) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Preliminary Engineering, Design, Construction, and Construction Inspection phases; and RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of Preliminary Engineering, Design, Construction, and Construction Inspection phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Six Hundred and Seventy-Three Thousand, Five Hundred Dollars ($673,500.00), [of which, 80% ($538,800) will be the Federal-Aid share, and the anticipated NYS Marchiselli Aid share will be $98,250, and the final anticipated County share will be approximately $36,450] is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in all phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-186 APPROVING MAXIMUM WAGE RATES FOR TOWN, VILLAGE AND COUNTY HIGHWAY EMPLOYEES WHILE ENGAGED IN SNOW & ICE WORK ON STATE HIGHWAYS FROM 7/06/11TO 6/30/12 AND FOR WORK DONE FOR THE COUNTY FROM 1/01/11 TO 12/31/2011 Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the maximum wage rates shown on the attached schedules for Towns, Villages 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. 158 REPORT OF THE SUPERVISORS’ PROCEEDINGS

STATE OF NEW YORK - DEPARTMENT OF PUBLIC WORKS Division of Operation and Maintenance BOARD WAGE RATES - COUNTY, TOWN, VILLAGE EMPLOYEES SNOW AND ICE CONTROL ON STATE HIGHWAYS Season of 2011 P Permanent; T Temporary County of Livingston Emp ID Name Job Title Status Rate OT Rate Night Rate 151 Barnhart, Kevin MEO III P $22.11 $33.16 $0.00 425 Barratt, Fay MEO II P $19.31 $28.97 $0.00 426 Benedict, Benjamin MEO II P $19.31 $28.97 $0.00 152 Bourgoine, Dean MEO III P $22.93 $34.40 $0.00 154 Canute, Thomas MEO III P $22.93 $34.40 $0.00 427 Cole, Scott MEO II P $18.61 $27.92 $0.00 450 Cosimano, Dustin Rd Maint Wkr P $15.98 $23.97 $0.00 157 Crawford, David Engineer Tech. P $28.17 $42.26 $0.00 428 Cucinotta, James MEO II P $19.31 $28.97 $0.00 158 Donovan, Michael MEO III P $22.11 $33.16 $0.00 429 Farruggia, Jeffrey Engineer Aide P $18.61 $27.92 $0.00 430 Gall, Bryan Auto Mech Helper P $17.75 $26.63 $0.00 354 Gelser, Gary Engineer Tech. P $26.61 $39.92 $0.00 174 Gridley, Michael Shop Manager P $28.17 $42.26 $0.00 464 Grosse, Christopher Weld Fabricator P $24.47 $36.71 $0.00 217 Guldenschuh, Carl Auto Mechanic P $23.68 $35.52 $0.00 162 Henry, William MEO III P $22.93 $34.40 $0.00 175 Kenney, John Auto Mechanic P $24.60 $36.90 $0.00 442 Macauley, David MEO I P $17.22 $25.83 $0.00 443 Maldonado, Baldemar MEO I P $17.22 $25.83 $0.00 164 Mastin, Brian Sr Sign Technician P $22.93 $34.40 $0.00 167 Paul, Richard Br Const Supervisor P $28.17 $42.26 $0.00 452 Rees, Richard MEO I P $17.22 $25.83 $0.00 424 Seeber, Bruce Sign Shop Tech P $19.31 $28.97 $0.00 168 Shutt, Fred MEO III P $22.52 $33.78 $0.00 444 Teresa, Toni Ann Rd Maint Worker P $19.25 $28.88 $0.00 453 White, Christopher MEO I P $17.22 $25.83 $0.00 172 Wilkins, David MEO III P $22.93 $34.40 $0.00 YEAR-ROUND: 6am - 4:30pm; Mon - Thur.; (4) - 10 Hour Days Town of Avon Emp ID Name Job Title Status Rate OT Rate Night Rate 221 Ayers, Bob Superintendent P $33.17 $33.17 $0.00 27 Clements, Wes Equip Operator P $22.00 $33.00 $0.00 26 Crye, Tom Equip Oper & Deputy P $22.50 $33.75 $0.00 * 340 Kime, James Equip Operator P $22.00 $33.00 $0.00 309 Rumfola, Dick Equip Operator P $22.00 $33.00 $0.00 445 Ayers, Jeff PT Equip Operator T $12.00 $12.00 $0.00 OVERTIME: All hours except 40 between 6am -4:30pm; Mon - Thurs (1/2 hr. lunch) WINTER "FLEX HOURS": 10 hour shift starts when called in. 2 HOUR CALL-IN POLICY; *DEPUTY DOES GET EXTRA PAY Town of Caledonia MAY 11, 2011 159

Emp ID Name Job Title Status Rate OT Rate Night Rate 263 Beach, Ron Equip Operator P $21.07 $31.61 $0.00 318 Churchill, Michael Equip Oper & Deputy P $21.57 $32.36 $0.00 251 Lysko, William Equip Operator P $21.07 $31.61 $0.00 31 Sawyer, James Equip Operator P $21.07 $31.61 $0.00 34 Schroeder, Mark E. Superintendent P $27.88 $27.88 $0.00 411 Beach, Chris PT Equip Operator T $11.00 $16.50 $0.00 346 Bickford, Todd PT Equip Operator T $11.00 $16.50 $0.00 36 Carson, Ivan PT Equip Operator T $12.30 $18.45 $0.00 434 Murray, John PT Equip Operator T $11.00 $16.50 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch) WINTER NIGHT SHIFT: 10:30pm - 7:00am; Sun-Thur; SUMMER: 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days April - October (Daylight Savings); PART-TIME: O.T. after 40 hrs.; no benefits; 2 HOUR CALL-IN POLICY: 1-1/2 Pay; 2-1/2 Holiday Pay [email protected] Town of Conesus Emp ID Name Job Title Status Rate OT Rate Night Rate 43 Losey, David HME Operator P $21.18 $31.77 $0.00 391 Martucio, Steve Superintendent P $21.29 $21.29 $0.00 40 Partridge, Timothy HME Oper & Deputy P $22.28 $33.42 $0.00 42 Schillinger, Ron HME Operator P $21.18 $31.77 $0.00 44 Sparks, Tim LME Operator P $20.68 $31.02 $0.00 404 Willis, Tim HME Operator P $21.18 $31.77 $0.00 410 Willis, Tim (NS) NIGHT SHIFT P $22.66 $33.99 $0.00 * 403 Clarke, John PT Equip Operator T $12.00 $18.00 $0.00 231 Rossborough, Ralph PT Equip Operator T $12.00 $18.00 $0.00 405 Walkley, Dan PT Equip Operator T $12.00 $18.00 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days *WINTER NIGHT SHIFT (7% Pay Differential): Tim Willis ~ 11pm - 7:30am; Mon – Fri 2 HOUR CALL-IN POLICY (FRI & SAT:CALL-IN) DOUBLE-PAY FOR HOLIDAY

Town of Geneseo Emp ID Name Job Title Status Rate OT Rate Night Rate 53 Flickner, Allan Equip Operator P $22.47 $33.71 $0.00 266 Gielen, Mike Equip Oper P $22.47 $33.71 $0.00 438 Levey, Larry Hwy Superintendent P $33.99 $33.99 $0.00 * 52 Rice, Donald Equip Operator P $22.47 $33.71 $0.00 51 Yates, Fred Equip Operator P $22.47 $33.71 $0.00 50 Young, Samuel Equip Operator P $22.47 $33.71 $0.00 OVERTIME: All hours except 40; ALL HOURS 6:00am - 4:30pm (Mon - Th); 2 HOUR CALL-IN POLICY * Rate does not include Water/Sewer Supt. Pay

Town of Groveland Emp ID Name Job Title Status Rate OT Rate Night Rate 242 Adamson, Greg Superintendent P $25.59 $25.59 $0.00 59 Anderson, David Equip Operator P $18.53 $27.80 $19.69 56 Caldwell, Mark Equip Oper & Deputy P $19.53 $29.30 $20.69 58 Rongo, Philip Scott Equip Operator P $18.53 $27.80 $19.69 316 Teitsworth, John Equip Operator P $18.53 $27.80 $19.69 57 Wilson, William Equip Operator P $18.53 $27.80 $19.69 160 REPORT OF THE SUPERVISORS’ PROCEEDINGS

448 Hendrick, Arthur Mowing T $10.30 $15.45 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days; 3 HOUR CALL-IN POLICY; $1.16 NIGHT SHIFT DIFFERENTIAL Town of Leicester Emp ID Name Job Title Status Rate OT Rate Night Rate 392 Barratt, Jonathan Equip Operator P $17.60 $26.40 $0.00 401 Gullo, Anthony Equip Operator P $17.60 $26.40 $0.00 65 Hauslauer, Edward Equip Oper & Deputy P $21.03 $31.55 $0.00 347 Lubanski, Todd Equip Operator P $20.00 $30.00 $0.00 69 Page, Russell Superintendent P $24.76 $24.76 $0.00 348 Cassidy, Bob PT Laborer/Wing Man T $11.00 $16.50 $0.00 67 Dodge, Jim PT Equip Operator T $11.00 $16.50 $0.00 439 Fanaro, Dave PT Laborer/Wing Man T $11.00 $16.50 $0.00 358 Lubanski, Stan PT Laborer/Wing Man T $11.00 $16.50 $0.00 304 Sliker, Les PT Laborer/Wing Man T $11.00 $16.50 $0.00 68 Weiland, Joe PT Laborer/Wing Man T $11.00 $16.50 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon-Fri (1/2 hr. lunch); 3 HOUR CALL-IN: November 1 - March 31; SUMMER: Approx. April - Oct; 6am - 4:30pm; Mon-Th; (4) - 10 Hour Days; 3 HOUR CALL-IN: April 1 – October 31 Town of Lima Emp ID Name Job Title Status Rate OT Rate Night Rate 200 Arner, Keith Superintendent P $27.40 $27.40 $0.00 73 Arner, Ken Equip Operator P $19.36 $29.04 $0.00 76 East, Ken Equip Operator P $19.36 $29.04 $0.00 393 Gillette, Eric Water/Operator P $17.00 $25.50 $0.00 72 Thomas, Jerry Equip Oper & Deputy P $20.40 $30.60 $0.00 OVERTIME: All hours except 40 between 6am - 4:30pm; Mon - Thurs.; (4) - 10 Hour Days; NO CALL-IN POLICY [email protected] Town of Livonia Emp ID Name Job Title Status Rate OT Rate Night Rate 420 Bugbee, Dan Equip Operator P $19.70 $29.55 $0.00 79 Coty, Dave Superintendent P $28.57 $28.57 $0.00 383 Fox, Dan Equip Operator P $21.70 $32.55 $0.00 80 Gascon, Raymond Equip Operator P $21.70 $32.55 $0.00 78 Peck, David Equip Oper & Deputy P $22.70 $34.05 $0.00 320 Sanford, Jerry Equip Operator P $21.70 $32.55 $0.00 81 Smith, James Equip Operator P $21.70 $32.55 $0.00 384 Gilbert, Steve PT Equip Operator T $13.50 $20.25 $0.00 OVERTIME: All hours except 40 between 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days; 2 HOUR CALL-IN POLICY: 1-1/2 Pay; Double/Christmas; PART TIME: NO O.T. Town of Mt. Morris Emp ID Name Job Title Status Rate OT Rate Night Rate 342 Haefner, Ed Equip Operator P $17.49 $26.24 $0.00 91 McClements, Allen Equip Opr & Mechanic P $20.76 $31.14 $0.00 338 Smith, Milton Equip Operator P $17.49 $26.24 $0.00 216 Troglauer, Ken Superintendent P $30.36 $30.36 $0.00 395 Bryant, Barbara (Laurie) PT Labor T $8.95 $13.43 $0.00 MAY 11, 2011 161

463 Hauslauer, Jacob PT Laborer T $15.00 $22.50 $0.00 OVERTIME: All hours except 40 between 6:00am - 4:30pm; Mon - Th; (4) - 10 Hour Days; 4 HOUR CALL-IN POLICY: 1-1/2 Pay; 2-1/2 Pay/Holiday \

Town of North Dansville Emp ID Name Job Title Status Rate OT Rate Night Rate 97 Canfield, Fred Equip Oper & Deputy P $18.34 $27.51 $0.00 208 MacWhorter, Jim Superintendent P $26.78 $26.78 $0.00 98 Robinson, Kevin Equip Operator P $16.37 $24.56 $0.00 382 Wadsworth, Nelson PT Equip Operator T $10.00 $15.00 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: Approx. May - Nov.; 6:30am - 5pm; Mon - Th; (4) - 10 Hour Days; 3 HOUR CALL-IN POLICY Town of Nunda Emp ID Name Job Title Status Rate OT Rate Night Rate 102 Buchinger, Bruce Equip Operator P $19.96 $29.94 $0.00 363 Cassidy, Tim Equip Operator P $19.52 $29.28 $0.00 103 Green, Rodney Equip Oper & Deputy P $19.60 $29.40 $0.00 457 Horton, Tim PT Laborer P $10.00 $15.00 $0.00 419 Moran, Rick Superintendent P $23.75 $23.75 $0.00 375 Wood, Dana Equip Operator P $19.44 $29.16 $0.00 432 Gaby, Kevin PT Laborer T $10.00 $15.00 $0.00 400 Walsworth, Larry PT Laborer T $12.00 $18.00 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: Approx. May - Nov; 6:00am - 4:30pm; Mon - Th; (4) - 10 Hour Days; PART TIME: O.T. after 40 Hours; 2 HOUR CALL-IN POLICY

Town of Ossian Emp ID Name Job Title Status Rate OT Rate Night Rate 323 Bodyk, John Equip Operator P $16.25 $24.38 $0.00 257 Derrenbacher, Mike Superintendent P $22.77 $22.77 $0.00 387 Metcalfe, Shawn Equip Oper/Deputy P $16.25 $24.38 $0.00 458 Bancroft, Charles PT Equip Operator T $11.25 $16.88 $0.00 372 Dempsey, John PT Equip Operator T $11.25 $16.88 $0.00 459 Fisk, Richard PT Equip Operator T $11.25 $16.88 $0.00 402 Guy, Ken PT Equip Operator T $11.25 $16.88 $0.00 113 Rawleigh, Don PT Equip Operator T $11.25 $16.88 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); WINTER: O.T. after 8 Hour Day SUMMER: Approx. Apr - Nov.; 6:00am - 4:30pm; Mon - Th; (4) - 10 Hour Days; NO CALL-IN POLICY Town of Portage Emp ID Name Job Title Status Rate OT Rate Night Rate 366 Buchinger, John Equip Operator P $17.56 $26.34 $0.00 116 Garwood, Fred Equip Operator P $17.56 $26.34 $0.00 115 Howe, Stephen Superintendent P $21.75 $21.75 $0.00 255 Smith, Robert Equip Operator P $17.56 $26.34 $0.00 235 Howe, Kevin PT Laborer T $9.19 $13.78 $0.00 OVERTIME: All hours except 40 between 6am - 2:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: Approx. Apr - Nov; 6:00am - 4:30pm; Mon - Th; (4) - 10 Hour Days; NO CALL-IN POLICY; P.T. - O.T. after 40 Hours Town of Sparta Emp ID Name Job Title Status Rate OT Rate Night Rate 162 REPORT OF THE SUPERVISORS’ PROCEEDINGS

120 Fronk, Bill Equip Oper P $17.69 $26.54 $0.00 192 Kreiley, Gary Superintendent P $24.02 $24.02 $0.00 121 Schuster, Ron Equip Oper& Depuy P $18.19 $27.29 $0.00 123 Swarts, Peter Equip Operator P $17.69 $26.54 $0.00 455 Schuster, Cody PT Employee T $10.00 $15.00 $0.00 433 Widener, Steve PT Seasonal T $10.00 $15.00 $0.00 460 Huett, William J. PT Seasonal T $15.00 $22.50 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: Approx. Apr - Oct; 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days; 2 HOUR CALL-IN POLICY Town of Springwater Emp ID Name Job Title Status Rate OT Rate Night Rate 126 Barber, Mike Equip Operator P $19.98 $29.97 $20.18 127 Gessner, Jack Equip Operator P $19.98 $29.97 $20.18 129 Holmes, Stephen Equip Operator P $19.98 $29.97 $20.18 128 Humphrey, Mark Equip Oper & Depuy P $20.33 $30.50 $20.53 125 Mastin, Richard Equip Operator P $19.98 $29.97 $20.18 189 Mastin, Ronald Superintendent P $23.80 $23.80 $0.00 447 NIGHT SHIFT FT NIGHT SHIFT P $0.20 $0.20 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: April - October 6:00am - 4:30pm; Mon - Thurs; (4) - 10 Hours Days NIGHT SHIFT: 8pm - 4:30am; 5 men split shift; $.20 Pay Differential; NO CALL-IN POLICY

Town of West Sparta Emp ID Name Job Title Status Rate OT Rate Night Rate 397 McKinney, Darrell Equip Operator P $17.55 $26.33 $0.00 353 Murray, David Superintendent P $22.36 $22.36 $0.00 132 Pragle, Daniel Equip Oper & Deputy P $17.55 $26.33 $18.05 * 326 Young, Keith Equip Operator P $17.55 $26.33 $0.00 422 Hartman, Gerald PT Equip Operator T $13.00 $19.50 $0.00 325 Hooker, Roy PT Equip Operator T $13.00 $19.50 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm;Mon-Fri (1/2 hr. lunch) F.T. ONLY; SUMMER: 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days; NO CALL-IN POLICY; *Deputy gets $.50/HR. extra when Supt. is off Town of York Emp ID Name Job Title Status Rate OT Rate Night Rate 140 Burger, Frank Equip Operator P $21.97 $32.96 $22.72 142 Deming, John (Jack) Equip Operator P $21.97 $32.96 $22.72 240 Nevin, Mike Equip Oper & Deputy P $22.47 $33.71 $23.22 148 Price, Lewis Equip Operator P $21.97 $32.96 $22.72 278 Worden, George Superintendent P $25.00 $25.00 $0.00 374 Brinkman, Dennis PT Equip Operator T $10.50 $15.75 $0.00 145 Lubanski, Don PT Equip Operator T $10.50 $15.75 $0.00 OVERTIME: All hours except 40 between 7am - 3:30pm; Mon - Fri (1/2 hr. lunch); SUMMER: May - Sept; 6am - 4:30pm; Mon - Th; (4) - 10 Hour Days; PART TIME: O.T. after 8 hr. day or 40 hr. week, with no scheduled hours 3 HOUR CALL-IN POLICY; $.75 SHIFT DIFFERENTIAL Village of Caledonia Emp ID Name Job Title Status Rate OT Rate Night Rate 287 Buckley, Christopher Working Foreperson P $12.11 $12.11 $0.00 379 Buckley, Thomas Equip Operator P $16.98 $25.47 $0.00 MAY 11, 2011 163

177 Frew, Robert Equip Operator P $22.70 $34.05 $0.00 412 Grant, Chad Equip Operator P $15.13 $22.69 $0.00 321 Kaness, Richard Laborer P $15.85 $23.77 $0.00 HOURS OF OPERATION: Spring & Summer M-TH 7:00am - 4:30pm FR 7:00am - 11:00am Fall & Winter M-FR 7am - 3:30pm; RATES EFFECTIVE: June 1, 2010 - May 31, 2011*Rate does not include Water/Sewer Supt. Pay (50/50); [email protected] Village of Geneseo Emp ID Name Job Title Status Rate OT Rate Night Rate 291 Clymo, Tim Equip Operator P $21.69 $32.54 $0.00 436 Frazier, Jason Village Street Supt P $30.50 $30.50 $0.00 308 Frazier, Kurt Equip Operator P $21.69 $32.54 $0.00 290 Johnson, Todd Equip Operator P $21.69 $32.54 $0.00 289 Scoville, Rick Equip Operator P $23.24 $34.86 $0.00 YEAR ROUND: 6:30am - 4:00pm (Mon-Th) 6:30am - 10:30am (Fri); 4 HOUR CALL-IN POLICY; RATES EFFECTIVE: June 1, 2010 - May 31, 2011 Village of Lima Emp ID Name Job Title Status Rate OT Rate Night Rate 418 Crye, Brian Laborer P $13.25 $19.88 $0.00 298 Dumar, Dan Sewage Plant Oper P $26.01 $26.01 $0.00 297 Luft, Ben Superintendent P $26.64 $26.64 $0.00 295 Panipinto, Gerald Laborer P $17.57 $26.36 $0.00 413 Quackenbush, Dale Laborer P $13.68 $20.52 $0.00 461 Racinowski, Matt Laborer P $11.50 $17.25 $0.00 RATES EFFECTIVE: June 1, 2010 May 31, 2011 Village of Livonia Emp ID Name Job Title Status Rate OT Rate Night Rate 381 Buck, Jamie Equip Oper/Laborer P $18.25 $27.38 $0.00 322 Hoffman, Chris Equip Oper/Laborer P $19.40 $29.10 $0.00 299 Palmer, Dennis Working Foreman P $24.35 $36.53 $0.00 RATES EFFECTIVE: June 1, 2010 - May 31, 2011 Village of Mt. Morris Emp ID Name Job Title Status Rate OT Rate Night Rate 271 Disalvo, Frank MEO/Laborer P $19.13 $28.70 $0.00 415 Regatuso, Mark A. MEO/Laborer P $18.58 $27.87 $0.00 272 Valentino, Gary MEO/Laborer P $18.78 $28.17 $0.00 273 Young, Chris Dept Foreman P $20.47 $30.71 $0.00 462 Gilbride, Thad Laborer T $8.54 $12.81 $0.00 State Roadside Sweeping; 4 HOUR CALL-IN POLICY; RATES EFFECTIVE: June 1, 2010 - May 31, 2011 [email protected] Village of Nunda Emp ID Name Job Title Status Rate OT Rate Night Rate 328 Bennett, Troy Water Plant Operator P $18.97 $28.46 $0.00 409 Emke, Brian Water Plant Operator P $15.60 $23.40 $0.00 440 Hugi, Markus Sewer Oper Trainee P $13.61 $20.42 $0.00 317 Macomber, Ron Acting Superintendent P $22.44 $33.66 $0.00 164 REPORT OF THE SUPERVISORS’ PROCEEDINGS

YEAR ROUND HOURS: 6:00am - 2:30pm; Mon – Fri; SUPERINTENDENT: 1-1/2 pay for O.T.; RATES EFFECTIVE: June 1, 2010 - May 31, 2011 Dated at Geneseo, New York May 11, 2011 Public Services Committee Sparta Supervisor Schuster stated that William Huett is missing from the wage rates for the Town of Sparta. He indicated he was an Equipment Operator, Temporary, Rate $15.00 and OT Rate $23.50. MOTION: Mr. Yendell moved and Mr. Wadsworth seconded to amend the resolution to include William Huett under the Town of Sparta. Carried. Nunda Supervisor Baldwin indicated he thought the OT Rate should be $22.50 and Mr. Schuster concurred. MOTION: Mr. Gott moved and Mr. Martello seconded to amend the OT Rate to $22.50. Carried. The roll was called as follows as amended: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-187 AWARDING BID AND AUTHORIZING A CONTRACT FOR CONSTRUCTION SERVICES, STAGECOACH ROAD (CR-71) REHABILITATION PROJECT, FOR COUNTY HIGHWAY DEPARTMENT: KILLIAN CONSTRUCTION, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for asphalt milling & concrete breaking construction services for the above-noted road project, two (2) bids were received and publicly opened on March 31, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Killian Construction, Inc. Not to exceed $128,450.00 210 Commerce Drive Rochester, NY 14623 For: Asphalt milling and concrete breaking services for Stagecoach Road rehabilitation project. Dated at Geneseo, New York May 11, 2011 Public Services Committee County Highway Superintendent Don Higgins stated two competitive bids were received for milling 11-inches of asphalt and concrete breaking services for Stagecoach Road rehabilitation project. The second bid came in at $170,000. D. Higgins indicated that estimates were more than $400,000 for this project. He explained the contract calls for 30 days completion, and the contractor has stated they will have the work done in two weeks. D. Higgins commented on the Maple Beach Road project. He explained that four years ago when we originally applied for funding for this project, the project was estimated at $241,000 because it was a simple paving project. However, over the last four years the road has deteriorated and now it needs millings and overlay, essentially more than double the price ($673,000) to ensure the road is repaired properly. D. Higgins reported he attended a Genesee Transportation Council (GTC) Tip Development meeting last week and submitted the amended cost for this project to seek additional funding. The Tip Development Committee approved this request. D. Higgins indicated this is a result of years working with GTC and DOT and building an excellent relationship. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-188 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – BILLITIER ELECTRIC, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract MAY 11, 2011 165

Billitier Electric, Inc. Move Light in Weight Room +$629.90 $2,065,918.89 Replace damaged receptacle in +$542.17 Kitchen and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 11, 2011 Public Services Committee Mt. Morris Supervisor DiPasquale questioned the amount of the change order for replacing damaged receptacle in kitchen. He mentioned he thought the price that was submitted in Committee was around $400. The County Administrator clarified that the Change Order Log reflects $542.17. The roll was called as follows: Ayes - 1,362; Noes – LeFeber, 175; DiPasquale, 126; Total- 301; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-189 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – SOUTHERN FOLGER DETENTION EQUIPMENT COMPANY LLC Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Southern Folger PTZ Demo & Booking +$5,395.00 $4,042,396.37 Detention Equipment Company LLC Pressure Switch/Alarm on +$1,156.00 Compressor and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,537; Noes – DiPasquale, 126; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-190 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: KESHEQUA CENTRAL SCHOOL DISTRICT, LIVONIA CENTRAL SCHOOL DISTRICT, YORK CENTRAL SCHOOL DISTRICT Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Keshequa Central School District 7/1/2011 – 6/30/2012 $64,510.00 13 Mill Street Nunda, New York 14517 For: School Resource Officer Livonia Central School District 7/1/2011 – 6/30/2012 $64,510.00 6 Puppy Lane Livonia, New York 14487 For: School Resource Officer 166 REPORT OF THE SUPERVISORS’ PROCEEDINGS

York Central School District 7/1/2011 – 6/30/2012 $64,510.00 2758 Genesee Street Retsof, New York 14539 For: School Resource Officer Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-191 AMENDING RESOLUTION NO. 2011-144 AND AUTHORIZING ORDER FOR TRANSFERRING THE FUNCTIONS OF THE LIVINGSTON COUNTY PUBLIC HEALTH DEPARTMENT, DIVISION OF EMERGENCY MEDICAL SERVICES, TO THE LIVINGSTON COUNTY DEPARTMENT OF EMERGENCY MEDICAL SERVICES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, resolution no. 2011-144 had an incorrect effective date of April 14, 2011; and, now, be it RESOLVED, that the Livingston County Board of Supervisors hereby orders that the functions of the Livingston County Public Health Department, Division of Emergency Medical Services, are transferred to the Livingston County Department of Emergency Medical Services effective July 1, 2011. Dated at Geneseo, New York May 11, 2011 Public Services Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-192 REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT LEGISLATION TO AUTHORIZE THE COUNTY OF LIVINGSTON TO INCREASE THE MORTGAGE TAX AND ESTABLISH A TRANSFER TAX Mr. Pangrazio announced that this resolution was not presented at a Ways and Means Committee meeting; however, the Committee has signed the resolution. Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the State Legislature has requested an updated version of Board Resolution #2009-297 adopted on August 26, 2009 entitled “Requesting The New York State Legislature To Enact Legislation To Authorize The County Of Livingston To Increase The Mortgage Tax And Establish A Transfer Tax”, and WHEREAS, the Livingston County Board of Supervisors recognizes the increased tax burden that has been placed on property owners in Livingston County in recent years necessitated by economic factors beyond the control of County government, and WHEREAS, a state-mandated, $28.7 million dollar County jail expansion is a prime, current example of a unfunded, costly mandate that our property taxpayers have had to bear, and WHEREAS, these economic factors will not improve in the near future and there remains a need to diversify our revenue sources with the utilization of transaction-based taxes, and WHEREAS, the Livingston County Board of Supervisors has decided to seek an increase in the local portion of the mortgage tax and the imposition of a local transfer tax, as some counties have previously done, to help reduce any further increase in the property tax burden, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors requests that the New York State Legislature enact legislation authorizing the County of Livingston to impose an additional .25% mortgage tax and a $2.00 per thousand transfer tax on real estate transactions, both to be used for County purposes, and be it further RESOLVED, that certified copies of this resolution be forwarded to Senators Catharine M. Young and Patrick M. Gallivan and Assemblymen Daniel J. Burling and Sean T. Hanna and the New York State Association of Counties. Dated at Geneseo, New York May 11, 2011 Ways & Means Committee Mr. Pangrazio announced that this resolution was not presented at a Ways and Means Committee meeting; however, the Committee has signed the resolution. MAY 11, 2011 167

The County Administrator reported this resolution may look familiar but it has been slightly reworded from the 2009 resolution to include language about the jail project. To date, we have been unable to get legislation on this matter. The County Administrator indicted he did receive a call from Senator Patrick Gallivan’s office, and Senator Gallivan requested that an updated 2011 Home Rule resolution be adopted and forwarded to him. The County Administrator encouraged the Board to unanimously adopt this resolution. He stated he is hopeful this legislation will be done this State Legislative session. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-193 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4015 1610 Emergency Medical Services Fees $48,841.00 Increase Revenue A4015 2189 Other Income ($50,395.00) Increase Revenue A4015 2280 Health Services/Other Gov’ts $77,267.00 TOTAL $75,713.00 Increase Appropriation A4015 1000 Personal Services $5,390.00 Increase Appropriation A4015 1950 Temporary Services $33,836.00 Increase Appropriation A4015 1951 Overtime $2,698.00 Increase Appropriation A4015 2100 Automotive Equipment $3,000.00 Increase Appropriation A4015 2250 Med Equipment $3,000.00 Increase Appropriation A4015 4040 Bldg Rent & Real Property $1,200.00 Increase Appropriation A4015 4055 Telephone $1,080.00 Increase Appropriation A4015 4075 Data Processing $800.00 Increase Appropriation A4015 4080 Prof Services $4,176.00 Increase Appropriation A4015 4090 Insurance ($390.00) Increase Appropriation A4015 4120 Motor Equipment Repair & Supplies $1,000.00 Increase Appropriation A4015 4121 Tires $2,450.00 Increase Appropriation A4015 4125 Diesel Fuel $3,950.00 Increase Appropriation A4015 4126 Lubricants 47.00 Increase Appropriation A4015 4200 Advertising Fees $500.00 Increase Appropriation A4015 4280 Uniform Expense $1,515.00 Increase Appropriation A4015 4440 Medical & Safety Supplies $3,600.00 Increase Appropriation A4015 8100 FICA $3,207.00 Increase Appropriation A4015 8200 Retirement $3,831.00 Increase Appropriation A4015 8300 Health Insurance $592.00 Increase Appropriation A4015 8400 Workers Comp $231.00 TOTAL $75,713.00 Dated at Geneseo, New York May 11, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-194 AMENDING 2011 LIVINGSTON COUNTY BUDGET – OFFICE FOR THE AGING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Office for the Aging Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A6789 4772 Federal Funds $5,063.00 TOTAL $5,063.00 168 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Increase Appropriation A6789 4060 Office Supplies $63.00 A6789 4190 Subcontract $5,000.00 TOTAL $5,063.00 And, Account Dept. Code Description Amount Increase Revenue A6784 4772 Federal Funds $8,517.00 TOTAL $8,517.00 Increase Appropriation A6784 1000 Personal Services $4,000.00 A6784 8100 FICA $306.00 A6784 2050 Office Machinery/Equipment $500.00 A6784 4020 Travel, Training $300.00 A6784 4045 MLR $1,200.00 A6784 4055 Telephone $700.00 A6784 4060 Office Supplies $761.00 A6784 4200 Advertising $750.00 TOTAL $8,517.00 Dated at Geneseo, New York May 11, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-195 ESTABLISHING AN ACCOUNT – PLANNING DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the following account be established for the Planning Department: Account Dept. Code Description Amount Establish Revenue A8020 4789 Other Federal $98,000.00 Establish Appropriation 4080 Prof. Services $98,000.00 Dated at Geneseo, New York May 11, 2011 Ways and Means Committee

RESOLUTION NO. 2011-196 INCREASING CAPITAL PROJECT ACCOUNT – JAIL IMPROVEMENTS PROJECT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer is authorized to increase the Capital Project Account H3150.2900 in the amount of $1,000,000.00, which is funded from Estimated Revenue H3150.5031 in the amount of $1,000,000.00, and, it is, further RESOLVED, that the County Treasurer is hereby directed to transfer monies to General Fund Transfer to Capital A9950.9000 in the amount of $1,000,000.00 from A0599.0000 Appropriated Fund balance. Dated at Geneseo, New York May 11, 2011 Ways and Means Committee The County Administrator stated this is the first of two transfer resolutions and he indicated he does not anticipate the second transfer to be this much. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted.

RESOLUTION NO. 2011-197 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: MAY 11, 2011 169

Department of Health Create one full-time Account Clerk/Typist position. Dated at Geneseo, New York May 11, 2011 Ways and Means Committee

RESOLUTION NO. 2011-198 APPOINTING COMMISSIONER OF SOCIAL SERVICES – DIANE M. DEANE Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the office of Commissioner of Social Services shall become vacant on June 1, 2011, due to the retirement of Commissioner of Social Services Sandra Wright; WHEREAS, the County Administrator has recommended the appointment of a successor Commissioner of Social Services pursuant to his powers and duties as specified in Section 4 (C) of Local Law E-2007; and WHEREAS, the Ways and Means Committee has reviewed the recommendation of the County Administrator, concurs with it, and likewise recommends to the Board of Supervisors said appointment; and WHEREAS, the Board of Supervisors wishes to make appointment consistent with these recommendations; now, therefore, be it RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Department of Social Services Appoint Diane M. Deane of 348 Beckwith Road, West Henrietta, New York to the position of Commissioner of Social Services for a term commencing June 1, 2011 and terminating June 30, 2016, at an annual salary of $91,000.00. Dated at Geneseo, New York May 11, 2011 Ways and Means Committee Chairman Merrick asked the County Administrator to comment on the recruitment process. The County Administrator explained that Sandy Wright plans to retire effective May 31, 2001. The Interview Committee for the Commissioner of Social Services consisted of the Human Services Committee along with the County Administrator, Personnel Officer Tish Lynn and Public Health Director Joan Ellison. The Interview Committee reviewed 12 applications and 3 finalists were chosen. Diane Deane was unanimously approved and her name was forwarded to the Ways and Means Committee for approval The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted. The audience provided a standing ovation. Diane Deane thanked the Board for the opportunity of being the Commissioner of Social Services and for the privilege of working with such a dedicated and wonderful staff. She stated she looks forward to working with the Board.

RESOLUTION NO. 2011-199 APPOINTING PROBATION DIRECTOR II – LYNNE C. MIGNEMI Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the office of Probation Director II shall become vacant on June 18, 2011, due to the retirement of Probation Director II Edward Erhard; WHEREAS, the County Administrator has recommended the appointment of a successor Probation Director II pursuant to his powers and duties as specified in Section 4 (C) of Local Law E-2007; and WHEREAS, the Ways and Means Committee has reviewed the recommendation of the County Administrator, concurs with it, and likewise recommends to the Board of Supervisors said appointment; and WHEREAS, the Board of Supervisors wishes to make an appointment consistent with these recommendations; now, therefore, be it RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Probation Department Appoint Lynne C. Mignemi of 112 D’Angelo Parkway, Avon, New York to the position of Probation Director II effective June 18, 2011, at an annual salary of $70,000.00. Dated at Geneseo, New York May 11, 2011 Ways and Means Committee 170 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The County Administrator stated that Ed Erhard plans to retire effective June 17, 2011 after 35 years of service. He added he neglected to mention that Sandy Wright has 41 years of service. The Interview Committee for Probation Director II consisted of the Public Services Committee, the County Administrator and Sandy Wright. Three applications were submitted and 2 finalists were chosen. Lynne Mignemi was approved unanimously by the Interview Committee and her name was forwarded to the Ways and Means Committee for approval. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent –Davis, 24; Buckley, 65; Total – 89; Adopted. The audience provided a standing ovation. Lynn Mignemi thanked the Board of Supervisors for the vote of confidence. She stated she is a child of public servants, and she is honored and humbled by the challenge that is before her. She commented she loved being a Probation Officer and serving the community and reassured the Board her decisions will be based on that fact. She stated she has enjoyed working for Ed Erhard and thanked him for stepping up to the plate and becoming Director when he did. She stated she will be forever grateful for this and will miss Ed greatly.

OTHER BUSINESS 1. VOLUNTEER NEEDED TO BE APPOINTED TO LIVINGSTON COUNTY CARES Chairman Merrick announced that Wes Kennison was serving on the Livingston County Cares Board when he was Geneseo Supervisor. He stated if anyone is interested in serving on the Livingston County Cares Board of Directors to let him know. The Clerk mentioned this Board meets every other month but sometimes every month, the third Wednesday at 3:30-4:30 PM at SUNY Geneseo. The duties of this Board are to provide support to disaster areas and disburse funding for emergency relief. 2. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator stated that we had a great county wellness day as the County’s SHAPE sponsored a 5K Walk/Run event held on Saturday, May 7, 2011 at the Mt. Morris Campus. Ninety-one employees and family members participated in the event. He expressed kudos to the volunteers who worked the water tables and stop watches and made sure the participants stayed on course. He commented he was pleased with the outcome. 3. LIVONIA SUPERVISOR ERIC GOTT ACKNOWLEDGES CONESUS SUPERVISOR BRENDA DONOHUE AS FOUNDING FATHER THE CONESUS RECYCLING CENTER KNOWN AS C.L.E.A.N. Livonia Supervisor Eric Gott recognized that the Environmental Management Council awarded the EMC Earth Day Award to the Conesus – Livonia Environmental Action Network (CLEAN) Recycling Center and wanted to be sure everyone knew Conesus Supervisor Brenda Donohue was the founding father of this Center. He acknowledged Supervisor Donohue for her dedication and commitment and stated there wouldn’t be a Center without her.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, May 27, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:44p.m. MAY 25, 2011 171

REGULAR BOARD MEETING WEDNESDAY, MAY 25, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. LeFeber (Avon), Mr. Yendell (Lima), Mr. Davis (Portage) and Mr. Buckley (Springwater).

PLEDGE OF ALLEGIANCE The County Administrator introduced Roger C. Kornbau: Mr. Kornbau is a 1943 graduate of Groveland High School. After his graduation, he worked on a dairy farm and had an agricultural deferment until he entered the U.S. Army on April 17,1945. He trained as an infantryman and was sent to the Asiatic Theater of Operation and the invasion of Japan on October 9, 1945. With the dropping of the bombs on Japan, Mr. Kornbau was assigned to the Army of Occupation until October 24, 1946. Mr. Kornbau decided to make the Army his career and served in Japan, Germany, Thailand and his last tour of duty was at the Pentagon. For his service to his country, Mr. Kornbau was awarded the Asiatic Pacifice Service Medal, World War II Victory Medal, Army of Occupation Medal (Japan), Army of Occupation Medal (Germany) w/clasp, Good Conduct Medal 7th Award, National Defense Service Medal w/1st Oak Leaf Cluster, Joint Service Commendation Medal, Sharpshooter Badge, Letter of Appreciation from Brigadier General James H. Cash and a Certificate of Achievement, Headquarters, Military Assistance Advisory Group. This office is applying for the New York State Medal for Merit. After his retirement from the U.S. Army, Mr. Kornbau worked numerous odd jobs to keep himself busy, but took up his life long passion of being an artist. He finally retired in 2006. R. Kornbau thanked the Board of Supervisors for the honor to lead the Pledge of Allegiance.

ROGER C. KORNBAU A WWII VETERAN led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Roger C. Kornbau. The audience presented a standing ovation. R. Kornbau thanked the Board for the plaque and acknowledged the Board of Supervisors for the work they do.

APPROVAL OF MINUTES 1. Minutes of 5/11/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. EXTENDING THE BOUNDARIES OF THE CONESUS LAKE COUNTY SEWER DISTRICT EXTENSION #9A Chairman Merrick declared the Public Hearing open and asked the Public Works Director, Cathy VanHorne to comment on the local law. C. VanHorne commented the property owners petitioned the Town of Conesus to include this property in the district. The property was inadvertently omitted from the district when the district was formed. This public hearing will allow this one parcel to be included in the District. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Letter from Senator Catharine M. Young acknowledging receipt of Res. No. 2011-76 Recognizing The Importance Of Marine Patrols In County Law Enforcement And Encouraging The State To Consider The Effect Of A Loss Of State Funding And 2011-102 Opposing Governor Cuomo’s Primary Prevention Incentive Program and the Resulting Loss Of Youth Service Funding For Livingston County. 2. Notification from the Town of York declaring the Town as Lead Agency for the 2011 Water System Improvements. 172 REPORT OF THE SUPERVISORS’ PROCEEDINGS

3. Thank you note from the Dansville Fish and Game Club for the donation in memory of former Dansville Village Mayor William Dixon. 4. Notification from the USA Federal Energy Regulatory Commission regarding the Schedule for Environmental Review of the Northeast Supply Diversification Project and the Ellisburg to Craigs Project.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-200 APPROVING ABSTRACT OF CLAIMS #5B – MAY 25, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #5B dated May 25, 2011 in the total amount of $1,889,243.85. Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

PRIVILEGE OF THE FLOOR 1. COUNTY TREASURER CAROLYN TAYLOR – 2010 ANNUAL REPORT Chairman of Ways and Means Daniel Pangrazio requested Privilege of the Floor for Carolyn Taylor. The complete 2010 Annual Report for the County Treasurer was distributed to the Board of Supervisors (on file). Before County Treasurer Carolyn Taylor started her presentation she indicated she was sitting next to Commissioner of Social Services Sandy Wright and was thinking that a lot of department heads came to listen to her Annual Report presentation but then she remembered that the Commissioner was retiring and being recognized at this meeting. She also acknowledged the Commissioners of the Board of Elections and mentioned that they were probably tired because of the Special Election to fill the vacant Congress seat vacated by Christopher Lee. The County Treasurer announced that the County Administrator/Budget Officer would be assisting her in presenting this annual report. The County Treasurer began her power-point presentation (on file) by reviewing the 2010 Highlights: 1) Updated County Treasurer’s webpage on the County website – including historical tax inquiry, Certificate of Residency form, Occupancy Tax Local Law, Subdivision Letter and Taxpayers Guide; 2) Tax Auction results – August 17, 2010, 30 parcels sold, the profit was $498,206 (couple farms resulted in an increase in profit); March 17, 2010 opened bids for Wadsworth Street parcel and that profit was $35,631; 3) Printing all checks on check stock paper; 4) December 31, 2009 audited financial statement showed no findings.

C. Taylor reviewed Schedule B dated December 31, 2010 showing a General Fund Balance as of 12/31/10 as $26,118,545.00 and reviewed other funds including Infrastructure Reserve, BOE Equipment Reserve, Conesus Watershed, CNR, Machinery, County Road, Workforce Development, Compensation Fund, Compensation Fund Reserve, MicroEnterprise Fund, Water Fund, Conesus Lake County Sewer, Risk Retention and Risk Retention Reserve and Unemployment Reserve. County Administrator Coyle explained the General Fund includes most County operations excluding the CNR, Highway and Workforce Development. He indicated the County has an appropriate fund balance to offset the property tax levy, and he added a portion of the General Fund was appropriated for 2010, however, it was not necessary to use the funding because of operational efficiencies. He stated this is testament to the Department Heads for overseeing their budgets on a daily basis and the oversight of the Board of Supervisors. He stated “Why is fund balance important?” and continued by stating to offset the tax levy to lessen the burden on the property tax payers. In addition, he added sometimes we need cash flow because the State of New York is notorious for delaying payments, an unforeseen grant program requiring matching funds that was not included in the budget, and to maintain our bond rating. C. Taylor also reviewed Schedule C dated December 31, 2010, which highlighted the balances in the following capital project accounts: Jail Improvements, E911 Upgrades, Wilcox Press, Campus Renovations, Millennium Drive, Building #3, Infrastructure, Conesus Sewer, Groveland Station Sewer, and Groveland Station Water, Stagecoach Road, Tax Map Digit. MAY 25, 2011 173

The County Administrator explained that the H accounts are the capital project accounts. The Stagecoach Road project is a two-year project totaling $2.5 million dollars. One million was appropriated in 2010. The County Highway Department is coordinating this project. The County Treasurer reviewed the Tax Collection Record. She indicated that $44,201,519 was uncollected in 2010 (5.12%). Before we went to Article 11, the percentage would have been closer to 8%. She continued her presentation by reviewing the Balance Sheet As of 12/41/10 General Fund A which reflects we have a good cash balance and we are financially sound. The County Administrator added that we chose not to budget for the one-time Federal stimulus dollars and explained that we have used some of this money for the Stagecoach Road project. He reported the State and Federal government have not reimbursed the County for approximately $4.1 million dollars that is due for particular programs. He explained there is also some money accrued for the CSEA and Sheriff’s Association contracts and the County share of IGT funding, which help to offset the nursing home operation. The total fund balance is $29 million of which $2.9 million was appropriated for the 2011 budget. County Treasurer Carolyn Taylor reminded the Board that the tax sale auction is scheduled for July 26, 2011 at the County Highway Facility at 6:00 PM. The last day to redeem property is June 13, 2011. The County Treasurer distributed a list of those properties (on file) and explained she crossed off properties that have been paid. The County Treasurer asked if the Board had any questions. She added she is happy to see so many Department Heads present today and indicated she does rely on them and their staff to comply with financial regulations throughout the year. She concluded by acknowledging her Deputy County Treasurer Amy Mann and staff, County Administrator Coyle and the Ways and Means Committee, and thanked the Board for the privilege of speaking.

RESOLUTIONS RESOLUTION NO. 2011-201 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

RESOLUTION NO. 2011-202 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4099 4489 Other Federal Health $13,894.00 TOTAL $13,894.00 Increase Appropriation A4099 4025 Conference/Seminars $12,894.00 A4099 4340 Travel $1,000.00 TOTAL $13,894.00 Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

RESOLUTION NO. 2011-203 AMENDING 2011 LIVINGSTON COUNTY BUDGET – EMERGENCY MANAGEMENT SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: 174 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the 2011 Emergency Management Services budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3641 4395 Fed. Revenue $165,500.00 TOTAL $165,500.00 Increase Appropriation A3641 2100 Trailer $7,500.00 A3641 2200 Software $42,950.00 A3641 2400 Fire Safety Equipment $105,050.00 A3641 4080 Prof. Srvs. $10,000.00 TOTAL $165,500.00 Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

RESOLUTION NO. 2011-204 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $274.24 Increase Appropriation A3110 4127 Outside Repairs $274.24 Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

RESOLUTION NO. 2011-205 AUTHORIZING CONTRACT WITH EXCELLUS BLUECROSS BLUESHIELD FOR RENEWAL OF HEALTH INSURANCE FOR THE COUNTY OF LIVINGSTON Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby authorizes the following contract(s) for the County of Livingston, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Excellus BlueCross BlueShield 9/1/11-8/31/12 Fee Rate Per Schedule Rochester Region For: Health Insurance Renewal Rates (Rate Sheet Only) Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted. MAY 25, 2011 175

RESOLUTION NO. 2011-206 APPROVING APPORTIONMENT OF MORTGAGE TAX RECEIPTS FOR THE PERIOD 10/1/10 – 03/31/11 Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Ways and Means Committee submits the following report on Apportionment of the Mortgage Tax receipts for the period October 1, 2010 through March 31, 2011, among the several Towns and Villages of the County, it is hereby: TAX DISTRICT AMOUNT DISTRIBUTED DISTRIBUTED TO TOWNS TO VILLAGES AVON $46,492.00 $36,914.75 $9,577.25 CALEDONIA $31,161.82 $24,879.48 $6,282.34 CONESUS $19,184.28 $19,184.28 GENESEO $63,309.39 $49,342.85 $13,966.54 GROVELAND $16,336.35 $16,336.35 LEICESTER $6,160.23 $5,666.40 $493.83 LIMA $38,051.20 $31,601.44 $6,449.76 LIVONIA $72,886.24 $68,475.80 $4,410.44 MT. MORRIS $14,358.47 $10,534.46 $3,824.01 N. DANSVILLE $19,413.29 $11,975.02 $7,438.27 NUNDA $12,638.59 $10,635.07 $2,003.52 OSSIAN $3,279.71 $3,279.71 PORTAGE $1,166.27 $1,166.27 SPARTA $8,133.57 $8,133.57 SPRINGWATER $7,724.36 $7,724.36

WEST SPARTA $5,242.19 $5,242.19 YORK $19,335.70 $19,335.70 TOTAL $384,873.66 $330,427.70 $54,445.96 RESOLVED, that the County Treasurer is hereby directed to pay to the various municipalities the amount set forth herein: Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

RESOLUTION NO. 2011-207 APPOINTING COMMISSIONER OF SOCIAL SERVICES- DIANE M. DEANE AND RESCINDING RESOLUTION NO. 2011-198 Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the office of Commissioner of Social Services shall become vacant on June 1, 2011, due to the retirement of Commissioner of Social Services Sandra Wright; WHEREAS, the County Administrator has recommended the appointment of a successor Commissioner of Social Services pursuant to his powers and duties as specified in Section 4 (C) of Local Law E-2007; and WHEREAS, the Ways and Means Committee has reviewed the recommendation of the County Administrator, concurs with it, and likewise recommends to the Board of Supervisors said appointment; and WHEREAS, the Board of Supervisors wishes to make appointment consistent with these recommendations; and WHEREAS, Res. No. 2011-198 had an incorrect term of office; now, therefore, be it RESOLVED, that resolution number 2011-198 is hereby rescinded, and be it further 176 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Department of Social Services Appoint Diane M. Deane of 348 Beckwith Road, West Henrietta, New York to the position of Commissioner of Social Services for a term commencing June 1, 2011 and terminating May 31, 2016, at an annual salary of $91,000.00. Dated at Geneseo, New York May 25, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,363; Noes - 0; Absent – Avon, 175; Yendell, 125; Davis, 24; Buckley, 65; Total – 389; Adopted.

CLOSE PUBLIC HEARING Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearing closed.

OTHER BUSINESS 1. RECOGNITION OF COMMISSIONER OF SOCIAL SERVICES SANDRA WRIGHT Chairman Merrick stated next on the agenda we must recognize a very well-deserving department head, the Commissioner of Social Services, Sandy Wright. He turned the program over to County Administrator Coyle. County Administrator Coyle thanked the Chairman for the floor and stated it was his honor, pleasure and distinct privilege to say a few words to recognize and commemorate a department head who is retiring, the Commissioner of Social Services Sandy Wright. He added that Sandy is retiring at the end of this month, after many years of very dedicated and diligently passionate service. To put her service and tenure in perspective, the County Administrator indicated that when she got hired, the Department of Social Services was dealing with cuts from President Richard Nixon. Through her 41 years of dedicated passion, leadership and empathy, Sandy balanced the client needs with limited county resources. Sandy helped to make the Department of Social Services a course of pride in Livingston County, and he stated for that Sandy, we thank you. The County Administrator stated Sandy is joined today by family members, including her husband Denny, Mother Betty, Brother Jeff and fellow department heads. He asked Sandy to join him at the podium. The audience provided a standing ovation. The County Administrator stated in dedication for 41 years and her many years as a Buffalo Bills fan he informed the audience that he gave Sandy a Buffalo Bills jersey with Wright and the number 41 on it, which shows character and dedication, at the last department head meeting. He noted her husband had the jersey framed. Chairman Merrick stated on behalf of the Livingston County Board of Supervisors and as a small token of appreciation he presented Sandy with a clock and a plaque on the back that read: In Honor of Sandra Wright, County Logo, 1970-2011, With Sincere Appreciation Chairman Merrick and County Administrator Coyle thanked Sandy again for her years of service and asked Sandy if she would like to comment. Commissioner of Social Services Sandra Wright presented the following comments: Before I make my retirement remarks there are friends and family that I would like to recognize and thank them for being here today to support me. Marty and Warren Linsner—they are friends who are always there. They keep an eye on our house when we’re away and are always there in the time of the most need. Dave Dwyer and Carol Carey- thanks so much for your friendship. My 2 nieces who are in college—Tasha, the soon to be Social Worker, and Kristie, the to be law enforcement officer . Gee, wonder where public service comes from. My two brothers Jeff and John Barger. Jeff lives in Erie, Pa and John in Livonia. My Mom, Betty Barger—it means so much that she is here. Thanks for everything mom. My husband Denny- who is always my rock. In February I declared my intent to retire effective 5/31/11. At the time, it seemed quite far away. But here it is upon me. At my retirement, I’ll have 41 year of service +10 days—but who’s counting. MAY 25, 2011 177

I remember May 21, 1970 my first day at Livingston County DSS. Then the agency was on Lakeville Geneseo Road attached to the nursing facility. The greatest event of my life took place that day—not my first day on the job I grew to love-but the day I met my future husband, Denny. Wow. A new job and a new guy. Some of you know the story of our meeting where staff at DSS then played a big part. But for another time. I remember Commissioner Robert Fox interviewing me for a Caseworker job. He was very interested in my background especially the part of where I grew up—in the grape country of Chautauqua County. His temporary secretary at the time, Clara Woehller was told to call that young girl who lives on the grape farm in Ripley and hire her—and tell her to start the next day. I lived in Greigsville with my aunt and uncle and got lost on the way to work. I’d been there once for an interview. This was a Caseworker who eventually traveled to all the roads in Livingston County. Before I left home to move to Livingston County my dad told me “to go to my new job and give your employer over 100% every day and make something of yourself with this new opportunity.” I always remembered that. It’s what my dad did every day of his life. I lost my dad this January. I wish he were here today to see me and this wonderful recognition. I love you dad! I miss you, and thanks. Going back to the decision to retire. It was not easy. DSS has been an integral part of my life--and who I am. But I decided to move on to another phase in my life. I’m not running from anything but to something—new experiences, places, more time with family and friends, most of all more time with my husband who I met 41 years ago this month and love more than anything. I am so thankful for the many wonderful mentors over the years, Jack Kenny my first Supervisor at DSS who became a great friend, and Nick Mazza, who gave me guidance and great advice. I so much enjoy the camaraderie of my fellow deartment heads, especially those in the human services group who offered support—sometimes very often—emotional support, programmatic support/collaboration and a sympathetic ear and lots of fun. True friendships have evolved. The staff at DSS helped me be successful as a Caseworker. Case Supervisor, Director Of Services and then Commissioner. Here today are my management staff that have helped me so much and made it an interesting ride. Ask staff to stand up. I absolutely must mention the many agencies, public and private, that I’ve worked with over the years. I couldn’t possibly name them all. I especially want to mention Chances and Changes, Catholic Charities, Hillside Children’s Center, Child Care Council, Children’s Protective Association and so many others for your support and friendship. The Human Services Committee and the Board of Supervisors supported me through difficult issues and believed in me and the ideas I presented. I do always tell everyone that I have the best job in the world. It’s challenging, I always learned new things, everyday for 41 years Many days I ask my staff “are you ready for some fun today?” I guess they got to know I meant it. As always my main concern is the well-being of the clients my agency serves. I always tried to put the quality of services to them as most important. And proud to say that we will and do provide services with fairness, respect, empathy and excellence. I leave knowing DSS is in good hands with all the fine staff. I’m confident that DSS is poised to meet the many challenges ahead. I close by saying it’s been an honor to serve the county and the community. Love you all. I wish you my best. Thank you. The audience provided a standing ovation.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, June 8, 2011 at 1:30 p.m. Carried. The Board adjourned at 2:15 p.m. 178 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, JUNE 8, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Moore (Leicester) Mr. DiPasquale (Mt. Morris) and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE Sparta Supervisor Mark J. Schuster led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 5/25/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. 2010 Department Head Annual Reports are on file. 2. Letter from Dennis Chichester commending Frank Hollister, Director of Veterans’ Services for the services he has provided. 3. InterCounty Association of Western New York meeting will be held Friday, June 17, 2011 at Ebenezer Watts Conference Center, 49 South Fitzhugh St, Rochester NY. Registration at 9:30, $20 continental breakfast and lunch. If you plan on attending the meeting, please notify the Clerk today. PROGRAM: Tour of the new state-of-art Monroe County Public Safety Crime Lab Facility 4. Notification from the State of New York Public Service Commission regarding notice of public statement hearings on National Fuel Gas Corporation’s Conservation Incentive Program.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-208 APPROVING ABSTRACT OF CLAIMS #6A – JUNE 8, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #6A dated June 8, 2011 in the total amount of $1,604,576.12. Dated at Geneseo, New York June 8, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

PRIVILEGE OF THE FLOOR 1. PATTY JOHNSTON, EXECUTIVE DIRECTOR OF LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – UPDATE Chairman of Public Services Committee Gerald R. Deming requested Privilege of the Floor for Patty Johnston. Patty Johnston, Executive Director of Livingston County Traffic Safety Board, reported the Board meets the first Wednesday at 7 PM, February, April, May, September and November. She indicated they recently met at the State Troopers barracks at Hampton Corners and also had a meeting at the Sheriff’s Department, which included a tour of the 911 Center. P. Johnston highlighted a few of the 2010 Traffic Safety Board accomplishments:  Town of Geneseo, four-way stop sign at Lima and Country Club Road  I390, Exit 7, NYSDOT put up signs to avoid entering the wrong way  Town of West Sparta, speed reduction for Kysorville-Bysorville (CR 59) and Rock Spring Hill Road to McKay Road. P. Johnston commented that the Village of Mt. Morris Main Street bridge will be closed for 11 days, date to be announced. P. Johnston reviewed the 2011 Goals of the Traffic Safety Board:  Continuing education  Offering Defensive Driving Courses – P. Johnston is now an instructor and has already provided course in Hornell and Nunda. Classes are scheduled for Dansville and Hampton Corners. JUNE 8, 2010 179

 Representation at Caledonia and Hemlock fairs P. Johnston thanked the Board for the privilege to speak. Livonia Supervisor Eric Gott stated that if a town is interested in getting a speed reduction within the town, he suggested to submit the request to the Livingston County Traffic Safety Board instead of the NYS Department of Transportation.

PREFERRED AGENDA RESOLUTION NO. 2011-209 APPOINTING MEMBER TO THE COMMUNITY SERVICES BOARD AND CHEMICAL DEPENDENCY SUBCOMMITTEE - UNDERSHERIFF JAMES SZCZESNIAK RESOLVED, that the following member is hereby appointed to the Community Services Board and Chemical Dependency Subcommittee for the term designated: Name Address Rep./Title Term Livingston County Community Services Board Undersheriff James 5295 East Lake Road Conesus NY 14435 Law Enforcement 6/1/11–5/31/13 Szczesniak Livingston County Chemical Dependency Subcommittee Undersheriff James 5295 East Lake Road Conesus NY 14435 Law Enforcement 6/1/11–5/31/14 Szczesniak Dated at Geneseo, New York June 8, 2011 Human Services Committee

RESOLUTION NO. 2011-210 APPOINTING MEMBER TO THE LIVINGSTON COUNTY INDUSTRIAL DEVELOPMENT AGENCY– ROBERT SMITH RESOLVED, that the following member is hereby appointed to the Livingston County Industrial Development Agency for the term designated: Name Address Rep./Title Term Livingston County Industrial Development Agency Robert Smith 10081 Deer Park Drive, Dansville NY 14437 Member At the pleasure Dated at Geneseo, New York June 8, 2011 Public Services 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-211 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION: DEPARTMENT OF VETERANS AFFAIRS, G-L-S-W EDUCATIONAL PARTNERSHIP Mr. Yendell 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 contract(s) for the Livingston County Center for Nursing and Rehabilitation, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Department of Veterans Affairs 7/1/11-6/30/12 Negotiated Per Diem Rates VA Western New York Healthcare System 180 REPORT OF THE SUPERVISORS’ PROCEEDINGS

3495 Bailey Avenue Buffalo, New York 14215 For: Nursing Home Care Services G-L-S-W Educational Partnership 9/1/11-5/31/14 N/A 80 Munson Street LeRoy, New York 14482 For: Cosmetology Clinical Experience Dated at Geneseo, New York June 8, 2011 Human Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-212 ESTABLISHING GUIDELINES FOR WITHDRAWING MONIES FROM THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION MEMORIAL FUND Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, the Livingston County Center for Nursing and Rehabilitation receives monetary donations from individuals; and WHEREAS these monies are deposited in an account entitled Memorial Fund, and WHEREAS, the Center for Nursing and Rehabilitation wishes to establish guidelines for the withdrawal and use of the monies from the Memorial Fund, and WHEREAS, this resolution establishes guidelines for use of the monies in a manner approved by the Livingston County Human Services and Ways and Means Committees, now, therefore, be it RESOLVED, that a policy and guidelines shall be established and monies from the Memorial Fund are to be utilized in the following manner: POLICY: Guidelines and procedures for use of monies from the Livingston County Center for Nursing and Rehabilitation Memorial Fund are established and approved by the County Administrator and Director of Long Term Care. These guidelines and procedures will be submitted to the Human Services Committee (HSC) and the Board of Supervisors for initial approval. All fund use decisions will then be subject to the approved guidelines and procedures. FUND GUIDELINES: Once approvals are obtained, monies from the Livingston County Center for Nursing and Rehabilitation Memorial Fund are to be utilized for the following purposes: #1.) FAMILY REQUEST FOR SPECIAL PURCHASE: To use specific memorial donations to purchase a special item(s) in memory of a loved one per request of the family. The donation amount would be used as a guide to determine the amount of purchase. The Leisure Time Activities Director, Director of Long Term Care or designee would help guide the family on the special item(s) to be purchased. #2.) NON-MEDICAL PATIENT NEEDS: To pay for or to supplement the costs associated with items or services to address the recreational needs and interests of residents/patients to enhance quality of life. (e.g. special entertainment, event transportation). Memorial funds would be considered only if budgeted funds are not available. #3.) MEDICAL PATIENT NEEDS: To pay for or to supplement the costs associated with a Medicaid recipient procuring a medical device not otherwise covered by Medicaid that would enable/improve communication, vision or hearing to enhance the individual’s quality of life. PROCEDURE: A. All items that are advance planned expenditures will be brought to a monthly meeting of the Memorial Fund Use Committee comprised of the following members: Director of Long Term Care, Director of Fiscal Services and Leisure Time Activities Director. A Request Form will be completed and signatures obtained for approval prior to transfer of funds. Forms are not to be altered once approvals have been granted. Any change in approval dates or dollar amounts would need to be amended and resubmitted. Approval forms and bills are then submitted to the designated Senior Account Clerk who then draws funds from the Memorial Fund by voucher. See attached form. JUNE 8, 2010 181

B. In the event an urgent need arises between monthly meetings, or a decision needs to be expedited for the sole purpose of providing payment for a medical patient need, Memorial Fund Use Committee Members will be contacted by e-mail or phone to discuss the need and obtain approval for the expenditure. C. The Memorial Fund Use Committee will review this Policy and Procedure no less than annually. D. A report detailing deposits and expenditures to/from the Memorial Fund will be presented to the Human Services Committee no less than annually in the first calendar quarter. REQUEST FORM EXPENDITURE FROM CNR MEMORIAL FUND

Date Requested: ______Effective Through: ______

Presented By: ______

Description of Need:

______

Cost of Item(s) Requested:

Fund Guideline #: ______ Request Approved  Request Disapproved

If Disapproved, Explanation of Reason: ______

Leisure Time Activities Director: ______Date:______

Director of Fiscal Services: ______Date:______

Director of Long Term Care: ______Date:______

Dated at Geneseo, New York June 8, 2011 Human Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-213 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: PHYSICAL THERAPY PROFESSIONALS, PC, GENESEE COMMUNITY COLLEGE, NEW YORK STATE DEPARTMENT OF HEALTH Mr. Yendell presented the following resolution and moved its adoption: 182 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Physical Therapy Professionals, PC 1/1/11-12/31/11 $66.00/visit 3506 Thomas Drive $26.62/incident on Lakeville, NY 14480 non-direct reimbursable expenses For: Physical Therapy Services to Home Care Patients Genesee Community College 9/1/10-8/31/11 NA One College Road Batavia, NY 14020 For: Clinical field work experience for students New York State Department of Health 10/1/09-9/30/11 $24,434.00 Administrative Services Unit Bureau of Early Intervention ESP, Corning Tower, Room 287 Albany, NY 12237-0657 For: Early Intervention Administration ARRA Dated at Geneseo, New York June 8, 2011 Human Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-214 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: HILLSIDE CHILDREN’S CENTER & ENCOMPASS Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Hillside Children’s Center 6/1/11-5/31/12 $28,000.00 1183 Monroe Avenue Rochester NY 14620 For: Preventive Services Program in the form of Youth Court Encompass 7/1/11-6/30/12 $143,920.78 275 Pinnacle Road Rochester NY 14623 For: Preventive Services Program in the form of Educational Support Dated at Geneseo, New York June 8, 2011 Human Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-215 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING AGREEMENT(S) FOR LIVINGSTON COUNTY: GLOW WORKFORCE INVESTMENT BOARD/CHIEF ELECTED OFFICIALS AGREEMENT (WIB/CEO AGREEMENT) Mr. Yendell presented the following resolution and moved its adoption: JUNE 8, 2010 183

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following agreement(s) for Livingston County, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount GLOW Workforce Investment Board 7/1/11 - 6/30/13 N/A 587 East Main Street Batavia, NY 14020 For: Determining the make-up of the Board and the method to allocate funds, and names Grant Recipient. Dated at Geneseo, New York June 8, 2011 Human Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-216 AWARDING BID FOR THE CENTRAL SERVICES DEPARTMENT FOR REPLACEMENT OF T-12 LAMPS, BALLASTS AND SOCKETS AT THE LIVINGSTON COUNTY GOVERNMENT CENTER – HEWITT YOUNG ELECTRIC Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for replacement of T-12 Lamps, ballasts and sockets at the Livingston County Government Center, three bids were received and opened on May 2, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contractor Term Amount Hewitt Young Electric $91,700.00 645 Maples Street Rochester, NY 14611 For: Replacement of T-12 Lamps, ballasts and sockets at the Liv. Co. Government Center Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-217 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT SERVICES: NEW YORK STATE DIVISION OF HOMELAND SECURITY (2) Mr. Deming 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 contract(s) for the Livingston County Department of Emergency Management Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Division of Homeland Security 8/1/09 – 7/31/12 $149,222.00 And Emergency Services Contract # C837290 1220 Washington Avenue Albany, New York 12242 New York State Division of Homeland Security 8/1/10 – 7/31/13 $188,155.00 And Emergency Services Contract # C837200 1220 Washington Avenue Albany, New York 12242 184 REPORT OF THE SUPERVISORS’ PROCEEDINGS

For: Purchasing of necessary equipment for Homeland Security Protection and to enhance our capabilities to respond to a Weapons of Mass Destruction (WMD) or a Chemical, Biological, Nuclear, Radiological or Explosive incident (CBRNE) Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-218 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: SUNY RESEARCH FOUNDATION Mr. Deming 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 contract and related documentation, and any amendments hereto, for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount SUNY Research Foundation 6/9/11 - 8/1/11 Not to exceed $1,429.00 P.O. Box 9 Albany, New York 12201-0009 For: SUNY Geneseo Research Program: Study of selected limnological parameters and algal biomass in Conesus Lake. Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-219 ADOPTING SEQR NEGATIVE DECLARATION –SNOWMOBILE TRAILS GRANT Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Caledonia Trailblazers and the X-County Trailriders Snowmobile Clubs are seeking to utilize and maintain the existing 51 mile snowmobile trail system; and WHEREAS, Livingston County is applying to fund these proposed trails through the NYS Office of Parks, Recreation and Historic Preservation Snowmobile Grant-In-Aid and Trail Approval Program; and WHEREAS, the maintenance activities and seasonal usage of the proposed trails will not significantly disturb the acreage along the trail route; 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 hereby classifies 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 Chairman to sign the Environmental Assessment Form prepared for the project and file it according to law. Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-220 AUTHORIZING SUBMISSION OF TRAIL PLAN & TRAIL SYSTEM APPROVAL AND APPLICATION TO NEW YORK STATE OFFICE OF PARKS, RECREATION AND JUNE 8, 2010 185

HISTORIC PRESERVATION FOR SNOWMOBILE TRAILS GRANT PROGRAMS AND AUTHORIZING CONTRACT WITH THE CALEDONIA TRAILBLAZERS SNOWMOBILE CLUB Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Caledonia Trailblazers and X-County Trailriders Snowmobile Clubs have requested that Livingston County apply on behalf of the Caledonia Trailblazers and the X-County Trailriders Snowmobile Clubs to the New York State Office of Parks, Recreation and Historic Preservation for a Snowmobile Trail Grant; now, therefore, be it RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to submit a snowmobile trail plan and trail system to the New York State Office of Parks, Recreation and Historic Preservation, and any amendments hereto; and be it further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to submit an application to the New York State Office of Parks, Recreation and Historic Preservation for the Snowmobile Trails Grant Program; and be it further RESOLVED, that the Chairman is authorized to sign a contract, including any amendments thereto, with the Caledonia Trailblazers Snowmobile Club on behalf of the Caledonia Trailblazers and the X-County Trailriders Snowmobile Clubs for the transfer of Snowmobile Trails Grant Program funds subject to review by the County Administrator and County Attorney. Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-221 ADOPTING SEQRA NEGATIVE DECLARATION FOR EXTENSION #9A OF CONESUS LAKE COUNTY SEWER DISTRICT Mr. Deming presented the following resolution and moved its adoption: WHEREAS, one parcel was left out of the Conesus Lake County Sewer District extension #9 and was served as part of the project, and WHEREAS, the Town petitioned the County to include the parcel in an extension of the District, and WHEREAS, maps plans and reports where developed to extend the district for this parcel, calling the extension Conesus Lake County Sewer District extension #9A, and were approved by the Board of Supervisors, now, therefore, be it RESOLVED, that this Board of Supervisors hereby classifies extension #9A of the CLCSD as an unlisted action under SEQR; and be it further RESOLVED, that this Board of Supervisors hereby declares itself as lead agency for the environmental review of said project pursuant to SEQR; and be it further RESOLVED, that Coordinated Review will not be required; and be it further RESOLVED, that the Short EAF on file with the Clerk of the Board is hereby approved and adopted; and be it further RESOLVED, that said Short EAF and all the project materials reviewed by this Board identified no significant environmental impacts in regard to the approval and implementation of this project, and be it further RESOLVED, that the project is necessary to include the parcel in a District; and be it further RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized and empowered to complete the determination of significance section of said EAF, indicating that the proposed action will not result in any large and important impact(s) and, therefore, is one which will not have significant impact on the environment; and be it further RESOLVED, that copies of this resolution and the completed EAF be sent by the Clerk of this Board to the Town of Conesus, and the Director of Region 8 of the New York State Department of Environmental Conservation. Dated at Geneseo, New York June 8, 2011 Public Services Committee 186 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-222 APPROVING CONESUS LAKE COUNTY SEWER DISTRICT EXTENSION #9A Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors by Res. No. 2011-165 accepted maps, plans and reports for extension #9A of the Conesus Lake County Sewer District (CLCSD); and WHEREAS, a public hearing on said district extension was held on May 25, 2011; and WHEREAS, the Livingston County Board of Supervisors heard and considered comments regarding the extension #9A of the CLCSD, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors finds that the property and property owner within the extension are benefited by the extension of the District, and be it further RESOLVED, that all property and property owners benefited are included within the limits of the proposed District, and be further RESOLVED, that the Livingston County Board of Supervisors find that the maps, plans, reports are appropriate and sufficient and be it further RESOLVED, that the Livingston County Board of Supervisors approves extension #9A of the CLCSD, which approval is subject to permissive referendum. Dated at Geneseo, New York June 8, 2011 Public Services Committee The roll was called as follows: Ayes - 1,538; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 214; Adopted.

RESOLUTION NO. 2011-223 REQUESTING THE NEW YORK STATE SENATE AND THE NEW YORK STATE ASSEMBLY TO AUTHORIZE LIVINGSTON COUNTY TO IMPOSE A MORTGAGE TAX Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, a bill has been introduced in the New York State Senate (S.05422) and the New York State Assembly (A.07862) to amend the Tax Law, in relation to authorizing Livingston County to impose a mortgage tax, and WHEREAS, the Livingston County Board of Supervisors must make a Home Rule Request requesting the New York State Senate and the New York State Assembly to enact this special law, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors request that the New York State Legislature adopt Senate Bill (S.05422) and Assembly Bill (A.07862), amending the Tax Law, in relation to authorizing Livingston County to impose a mortgage tax, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the Clerk of the Board of Supervisors are authorized to file the appropriate Home Rule Request with the New York State Senate and the New York State Assembly. Dated at Geneseo, New York June 8, 2011 Ways and Means Committee Mr. Pangrazio announced that this resolution and the next resolution were not presented at a Ways and Means Committee meeting; however, those present have signed the resolutions. The roll was called as follows (2/3 Vote): Ayes - 1,613; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 218; Adopted.

RESOLUTION NO. 2011-224 REQUESTING THE NEW YORK STATE SENATE AND THE NEW YORK STATE ASSEMBLY TO AUTHORIZE LIVINGSTON COUNTY TO IMPOSE A REAL ESTATE TRANSFER TAX Mr. Pangrazio presented the following resolution and moved its adoption: JUNE 8, 2010 187

WHEREAS, a bill has been introduced in the New York State Senate (S.05410B) and the New York State Assembly (A.07861A) to amend the Tax Law, in relation to authorizing Livingston County to impose a real estate transfer tax, and WHEREAS, the Livingston County Board of Supervisors must make a Home Rule Request requesting the New York State Senate and the New York State Assembly to enact this special law, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors request that the New York State Legislature adopt Senate Bill (S.05410B) and Assembly Bill (A.07861A), amending the Tax Law, in relation to authorizing Livingston County to impose a real estate transfer tax, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the Clerk of the Board of Supervisors are authorized to file the appropriate Home Rule Request with the New York State Senate and the New York State Assembly. Dated at Geneseo, New York June 8, 2011 Ways and Means Committee The roll was called as follows (2/3 Vote): Ayes - 1,613; Noes - 0; Absent – Moore, 64; DiPasquale, 126; Davis, 24; Total – 218; Adopted.

OTHER BUSINESS 1. MORTGAGE AND TRANSFER TAX UPDATE Chairman Merrick thanked the State Representatives for sending us the bill numbers for the mortgage and transfer tax, and stated we will keep our fingers crossed that the legislation will pass. 2. RECOGNITION OF PROBATION DIRECTOR II EDWARD ERHARD Chairman Merrick stated we will now recognize Probation Director Edward Erhard, and he turned the program over to County Administrator Coyle. County Administrator Coyle thanked the Chairman and stated we have another retiring department head. He stated it is his honor and pleasure to commemorate Ed Erhard who is about 9 days from retiring after 35 years of service to Livingston County. The County Administrator commented that Ed asked him to keep his remarks short and sweet. The County Administrator stated he has had a great working relationship for the past few years he has been here and commended Ed for doing an admirable job and being a steady professional leader. He acknowledged Ed’s staff that were in attendance at the Board meeting. The County Administrator explained that Ed announced his retirement after the last Department Head meeting so he did not get a chance to recognize him at that meeting, similar to what he did for Sandy Wright. He stated he poked around a little to find out a few of Ed’s passions—he is a fan of the Yankees, he likes to hunt, enjoys his children and house in Conesus, enjoys visiting Long Island and loves Scotch and cigarettes. The County Administrator asked Ed to stop in his office after the meeting to pick up the Scotch and cigarettes. The County Administrator personally thanked Ed for his dedication and commitment to public service and Livingston County and to the Probation Department for 35 years. He stated Ed deserves a round of applause and a standing ovation. The audience provided both. On behalf of the Livingston County Board of Supervisors, Chairman Merrick presented Ed with a clock and a plaque on the back that read: In Honor of Edward Erhard, Livingston County Logo, 1976-2011 With Sincere Appreciation for Dedicated and Outstanding Service to Livingston County. Ed Erhard stated he is not big on long speeches and will keep his comments short and sweet. Ed thanked Chairman Merrick, the Board of Supervisors, County Administrator Coyle and former County Administrator Nick Mazza for their support. He acknowledged the Department Heads he worked with and made special tribute to his staff and stated the Probation Department is a great department because of all their help.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, June 22, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:57 p.m. 188 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, JUNE 22, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Pangrazio (Caledonia) Mr. Davis (Portage) Mr. Schuster (Sparta) and Mr. Deming (York).

PLEDGE OF ALLEGIANCE The County Administrator introduced Cody T. Thomas: Cody is a 2007 graduate of Livonia Central School. He enlisted in the Delayed Entry Program on September 28, 2006 and went on active duty in the United States Marine Corps on July 2, 2007. After his basic and advanced training as an 0311 (Rifleman), He was deployed to Alanar Province in Iraq in 2008 and Helmand Province in Afghanistan in 2009, where his unit was involved in heavy combat with the enemy. He was Honorably Discharged on April 2, 2011. For his service to his country, Cody was awarded the Marine Corps Good Conduct Medal, Combat Action Ribbon (Afghanistan), Afghanistan Campaign Medal (w/1 Bronze Service Star), Sea Service Deployment Ribbon (2nd Award) Iraq Campaign Medal (w/1 Bronze Service Star), Global War on Terrorism Service Medal, National Defense Service Medal, Navy Meritorious Unit Commendation, NATO Medal-ISAF Afghanistan, Rifle Qualification Badge (Expert 2nd Award), Pistol Qualification Badge (Sharpshooter). The Veterans Service Agency is also applying for the New York State Medal for Merit. Cody is presently looking for work and plans on attending college in the fall. He is living in Conesus.

CODY T. THOMAS, United States Marine Corps led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Cody T. Thomas. The audience presented a standing ovation.

APPROVAL OF MINUTES 1. Minutes of 6/8/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from the Livingston County Youth Board and Bureau for supporting positive youth development by providing the Teen Recognition Award Event. 2. Letter from NYSAC Executive Director Stephen J. Acquario acknowledging receipt of Res. No. 2011-192 Requesting the New York State Legislature to Enact Legislation to Authorize the County of Livingston to Increase the Mortgage Tax and Establish a Transfer Tax. 3. Please mark your calendar: On July 27, 2011 at 2:30 PM, there will be a rededication of the plaque that is on the rock located in front of the Courthouse, in honor of John Hall Barron, who was the first County Agricultural Agent in New York State to celebrate Cornell Cooperative Extension’s Centennial Year. 4. Thank you note from former Commissioner of Social Services Sandra Wright for the clock given to her upon her retirement. 5. Letter from Assemblyman Daniel J. Burling informing us that Livingston County Sales Tax Bill has passed both Houses of the Legislature and is being forwarded to the Governor for his consideration.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-225 APPROVING ABSTRACT OF CLAIMS #6B – JUNE 22, 2011 Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #6B dated June 22, 2011 in the total amount of $1,703,416.42. Dated at Geneseo, New York June 22, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,466; Noes - 0; Absent – Pangrazio, 126; Davis, 24; Sparta, 46; Deming, 90; JUNE 22, 2010 189

Total – 286; Adopted.

PRIVILEGE OF THE FLOOR 1. CHRIS DORAN, DIRECTOR OF BUSINESS DEVELOPMENT FOR RGRTA, BONNIE TURNER AND DAN HOLLAND - UPDATE ON THE ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY (RGRTA) Chris Doran stated he is speaking on behalf of Bonnie Turner and Dan Holland and indicated he appreciates the opportunity to provide an update on the RGRTA. He presented a power-point presentation (on file).

Mr. Davis entered.

Chris Doran began the presentation by reviewing the LATS History and Profile and giving an overview of Where We Were, Where We Are and Where We’re Going. LATS has 29 buses, 29 employees, during 2010-2011 the number of miles driven was 608,048 and ridership was 245,282. The service population is 63,167. Other regional operations include Rochester Transit Service (RTS), Wayne Area Transportation Service (WATS), Orleans Transit Service (OTS), Batavia Bus Service (BLINE), Seneca Transit Service (STS), Wyoming Transit Service (WYTS) and Lift Line. Chris explained RGRTA had its challenges from 2004 through 2007 that created a considerable deficit in the organization. The Authority had considered raising fares forty percent, a possible 65% reduction in service, doubling fares for the disabled and eliminating 25% of the workforce. The Authority then hired Mark Aesch who quickly realized a better way to address the problems and changed the overall mindset. The Authority treats passengers like customers, and have established subsidy relationships with key destination points in the community, such as: Livingston Wyoming ARC, Livingston County Adult Day Health Care, Livingston County Medical Shuttle, Livingston County Office for the Aging, Finger Lakes Developmental Disability Services Office, SUNY Geneseo, Sweet Briar and Country Inn & Suites. This transformation over the last seven years has brought measurable results nearing a surplus of $35.5 million, ridership has increased, new buses have been purchased, schedules have been changed and collaboration with SUNY Geneseo has increased educating students how to use the bike racks and the safest way to board the bus. He mentioned the 2010 New Bus Naming Event whereby employees enter a child’s name and a bus is named after them. Chris reported that RGRTA has had conversations with Letchworth State Park, Kraft Foods, Catholic Charities and Geneseo Migrant Center to offer transportation services. At this time, he asked Bonnie Turner to join him at the podium to answer any questions. Bonnie Turner reported that Kelly Fitzpatrick is on vacation and could not join them today but Kelly did ask Bonnie to extend her regrets. Bonnie indicated that Kelly continues to assist her on a daily basis and Kelly’s 25 years of knowledge and expertise is appreciated. Bonnie stated it is nice to see so many familiar faces and mentioned to the Board to contact her if they need anything. Bonnie introduced her Supervisor, Dan Howland. Chris Doran again asked if there were any questions. There were none and he thanked the Board for their time. Chairman Merrick thanked Chris Doran and Bonnie Turner for the presentation.

2. 2011-2012 DAIRY PRINCESS - CALI HAUSLAUER Cali Hauslauer presented the following remarks: My name is Cali Hauslauer. I am 17 years old, and the 2011 to 2012 Dairy Princess of Livingston County. I've grown up in Leicester on a farm of approximately 160 acres with my parents Ed and Patty and my siblings Jacob, Loretta and Morgan. We raise cash crops to make a profit such as corn, wheat, and hay. We also raise our own beef, pigs and chickens for our own consumption, as well as a large vegetable garden. Although living on a farm means having to put in many hours of work, there's no place else I'd rather grow up, because it is on the farm that I have been taught many of life's lessons. Everyone helps out no matter what the chore. My personal favorite, believe it or not, is unloading hay, because when you're done you feel a sense of accomplishment in seeing the wagon empty and the loft fuller, and knowing that you had a part in doing it. This past year I was a senior at York Central School. This fall I will start attending Genesee Community College where I will be majoring in elementary and special education and possibly deaf communications. So far, this year as Dairy Princess has gone very well. The Dairy Princess court as well as myself, have attended a number of events where we have promoted the dairy industry of Livingston County. Back in April, we went 190 REPORT OF THE SUPERVISORS’ PROCEEDINGS

to Este's Old Fashioned Days where we set up our booth to sell dairy promotional items. Other events we have participated in include parades such as the Leicester Memorial Day Parade, York Field Days Parade and the Nunda Fun Days Parade, just to name a few. We also set our booth up at the Dansville Truck and Tractor Pulls. June is Dairy Month, and we've been promoting consumers to get three servings of dairy everyday, whether in the form of milk, cheese or yogurt. This year my goal for the Livingston County Dairy Princess Program is to get out in the community and promote the dairy industry. I want to try and close the gap that has grown between consumers and producers, so they know exactly where it is their dairy products are coming from and how they're being produced. To do this, we, the Dairy Princess Program, will try and attend as many events as possible to promote this relationship. We will be attending Hemlock Fair to set up our booth, and will also be attending the 100 year Anniversary of Farm Bureau and Cornell Cooperative Extension where we will be serving milk punch. We will also be attending the Geneseo Farmers Market. These events will be known attention catchers, and much of the community will attend. By going ourselves, and promoting the industry, with so much of the community present, we will hopefully be able to accomplish our goals for this year. The dairy industry of Livingston County is one that I am proud to represent. Cali invited the Board to join her and Heather Mark for some milk punch after the Board meeting. She thanked the Board for the opportunity to speak. Chairman Merrick led a standing ovation.

PREFERRED AGENDA RESOLUTION NO. 2011-226 RESCINDING RES. NO. 2011-209 AND APPOINTING MEMBER TO THE COMMUNITY SERVICES BOARD AND CHEMICAL DEPENDENCY SUBCOMMITTEE - UNDERSHERIFF JAMES SZCZESNIAK WHEREAS, the term for both entries was incorrect, now, therefore, be it RESOLVED, that Res. No. 2011-209 is hereby rescinded, and it is further RESOLVED, that the following member is hereby appointed to the Community Services Board and Chemical Dependency Subcommittee for the term designated: Name Address Rep./Title Term Livingston County Community Services Board Undersheriff James 5295 East Lake Road Conesus NY 14435 Law Enforcement To fill unexpired term of Szczesniak M. Herkimer ending 12/31/11 Livingston County Chemical Dependency Subcommittee Undersheriff James 5295 East Lake Road Conesus NY 14435 Law Enforcement 1/1/11–12/31/14 Szczesniak Dated at Geneseo, New York June 22, 2011 Human Services Committee

RESOLUTION NO. 2011-227 APPOINTING MEMBERS TO THE LIVINGSTON COUNTY WORKPLACE VIOLENCE PREVENTION COMMITTEE – AMY KRAUSE, MICHELE DAVIDSON, AMY MANN, JAMES SZCZESNIAK RESOLVED, that the following members are hereby appointed to the Livingston County Workplace Violence Prevention Committee for the term designated: Name Address Rep./Title Term Livingston County Workplace Violence Prevention Committee Amy Krause 1875 County Route 50, Arkport, NY 14807 Chair Filling unexpired term of Ann Miller ending 6/30/12 Michele Davidson 4225 Hogmire Road, Avon, NY 14414 Member Filling unexpired term of Mark Wheeler ending 6/30/12 Amy Mann 11 Melodee Lane, Nunda, NY 14517 Member 7/1/11-6/30/13 James Szczesniak 5295 East lake Road, Conesus, NY 14435 Member 7/1/11-6/30/13 Dated at Geneseo, New York JUNE 22, 2010 191

June 22, 2011 Ways and Means 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. Moore and seconded by Mr. DiPasquale to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-228 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR LIVINGSTON COUNTY ON BEHALF OF GLOW WIB: GENESEE COUNTY JOB DEVELOPMENT, LIVINGSTON COUNTY OFFICE OF WORKFORCE DEVELOPMENT, THE RESEARCH FOUNDATION AT SUNY BROCKPORT, WYOMING COUNTY COMMUNITY ACTION, INC., BUSINESS EDUCATION COUNCIL, INC., GENESEE COMMUNITY COLLEGE Mr. Yendell 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 contract(s) for Livingston County on behalf of GLOW WIB, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Genesee County Job Development 7/1/11-6/30/12 $24,204.00 587 East Main Street Batavia, NY 14020 Livingston County 7/1/11-6/30/12 $41,796.00 Office of Workforce Development 6 Court St. Room 105 Geneseo, N Y 14454 The Research Foundation at SUNY Brockport 7/1/11-6/30/12 $7,315.00 350 New Campus Dr. Brockport, NY 14420 Wyoming County Community Action, Inc. 7/1/11-6/30/12 $11,667.00 6470 Route 20A Perry, NY 14530 Business Education Council, Inc. 7/1/11-6/30/12 $20,141.00 6470 Route 20A Perry, NY 14530 Genesee Community College 7/1/11-6/30/12 $7,877.00 1 College Rd. Batavia, N. Y 14020 For: the provision of youth services for the GLOW Workforce Investment Board Dated at Geneseo, New York June 22, 2011 Human Services Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-229 AWARDING BID AND AUTHORIZING PURCHASE OF PAVEMENT MARKING SERVICES FOR THE 2011 SEASON FOR LIVINGSTON COUNTY HIGHWAY DEPARTMENT - ZEBRA PAINT STRIPING Mr. LeFeber presented the following resolution and moved its adoption: 192 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, after proper legal advertisement for Pavement Marking Services, three bids were received, and opened on June 21, 2011 in Room 302 of the Livingston County Government Center, and WHEREAS, the bid of Zebra Paint Striping was the lowest bid received, and said bid meets all specifications and requirements, now, therefore, be it RESOLVED, that said bid of Zebra Paint Striping in the following amounts is accepted and awarded as the lowest bid meeting all specifications and requirements: Indexing from Existing Survey Log Sheets: $100.00/mile Spotting of Centerline: $ 75.00/mile Centerline Application incl. Materials: $ 305.00/CL mile Edgeline Application incl. Materials: $ 170.00/EL mile Yellow Traffic Paint: $ 10.00 /gallon White Traffic Paint: $ 10.00 /gallon Reflectorized Glass Beads: $ 0.32 /pound, and be it further RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign a contract with Zebra Paint Striping for purchase of said Pavement Marking Services at said prices, subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York June 22, 2011 Public Services Committee Mr. LeFeber indicated the Committee asked that this service be rebid and he stated this particular resolution had not been presented to committee; however, the Committee has signed the resolution. Deputy Highway Superintendent Dennis Barefoot clarified that the first time the Highway Department bid this service they only received one bid and there were three bids received on the rebid and ironically the low bidder submitted the same price as the first bid but it is a different supplier. He indicated the low bid does meet bid specifications and that the contractor has worked with surrounding counties. He indicated he is confident that Zebra Paint Striping can do the work. The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-230 AUTHORIZING TRANSFER OF FUNDS – CENTRAL SERVICES, DEPARTMENT OF HEALTH Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York June 22, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-231 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4111 3472 ST Aid Special Health $741.00 TOTAL $741.00 Increase Appropriation A4111 1000 Personal Services $688.00 A4111 8100 FICA $53.00 TOTAL $741.00 And, JUNE 22, 2010 193

Account Dept. Code Description Amount Increase Revenue A4110 3472 ST Aid Special Health $5,564.00 TOTAL $5,564.00 Increase Appropriation A4110 1950 Overtime $1,000.00 A4110 4100 Postage $242.00 A4110 4200 Print/Ads $4,322.00 TOTAL $5,564.00 And, Account Dept. Code Description Amount Increase Revenue A4093 3472 ST Aid Special Health $8,020.00 Increase Appropriation A4093 Print/Ads $8,020.00 And, Account Dept. Code Description Amount Increase Revenue A4082 3472 ST Aid Special Health $44,152.00 TOTAL $44,152.00 Increase Appropriation A4082 1000 Personal services $29,907.00 A4082 1950 Temp services $1,694.00 A4082 4040 Rent $121.00 A4082 4055 Phone $293.00 A4082 4100 Postage $97.00 A4082 4124 Gas $57.00 A4082 4280 Uniform allowance $342.00 A4082 4340 Travel $109.00 A4082 8100 FICA $2,321.00 A4082 8100 Hlth Insurance $5,516.00 A4082 8400 Wkrs comp $3,695.00 TOTAL $44,152.00 Dated at Geneseo, New York June 22, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-232 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3020 2680 Insurance Recovery-Lightning Strike $1,269.96 Increase Appropriation A3020 4140 Equipment Repair $1,269.96 Dated at Geneseo, New York June 22, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-233 APPOINTING DEPUTY DIRECTOR OF LONG TERM CARE FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION – STEPHEN RAY WOODRUFF Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: 194 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Center for Nursing and Rehabilitation Appoint Stephen Ray Woodruff of 143 Mill Hollow Crossing, Rochester, NY 14626 to the position of full-time Deputy Director of Long Term Care effective July 11, 2011, at an annual salary of $87,500. Dated at Geneseo, New York June 22, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted. Stephen Woodruff thanked the interview panel, Board of Supervisor and everyone involved in the selection process for the opportunity of being appointed to this position. He stated he was originally from Livonia and traveled extensively throughout New York State working for the military service. He stated he could relate to the Dairy Princess’ comments earlier about working on a farm and indicated he grew up on a horse farm and has the same feelings. He stated he is hopeful to bring some of these experiences to this new job. He added he appreciates the opportunity and commented, “I won’t let you down.” Chairman Merrick led a standing ovation.

RESOLUTION NO. 2011-234 APPOINTING DEPUTY DIRECTOR OF COMMUNITY MENTAL HEALTH SERVICES FOR THE LIVINGSTON COUNTY MENTAL HEALTH DEPARTMENT – JAY PRUIETT Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Mental Health Department Appoint Jay Pruiett of 9621 Big Tree Road, Hemlock, NY 14466 to the position of full-time Deputy Director of Community Mental Health Services effective June 27, 2011, at an annual salary of $60,000. Dated at Geneseo, New York June 22, 2011 Ways & Means Committee Chairman Merrick stated that Jay Pruiett was unable to attend the meeting today and he looks forward to Mr. Pruitt coming to another meeting. The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-235 AMENDING THE DEPARTMENT HEAD SALARY SCHEDULE: HIGHWAY DEPARTMENT Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Highway Department Create one full-time Deputy Highway Superintendent position. Dated at Geneseo, New York June 22, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-236 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: HIGHWAY DEPARTMENT Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: Highway Department Delete one full-time Road Maintenance Supervisor position. Dated at Geneseo, New York June 22, 2011 JUNE 22, 2010 195

Ways & Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

RESOLUTION NO. 2011-237 MODIFYING THE LIVINGSTON COUNTY WORKPLACE VIOLENCE PREVENTION PLAN Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Workplace Violence Prevention Plan is hereby modified effective July 1, 2011, consistent with the copy which is attached hereto and incorporated herein by reference. Dated at Geneseo, New York June 22, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,490; Noes - 0; Absent – Pangrazio, 126; Sparta, 46; Deming, 90; Total – 262; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires GLOW Workforce Investment Board Melissa Haight, Regional PathStone Corporation, 140 N. Main St. At-Large Member At pleasure Administrator Albion, NY 14476

2. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator reported that he has begun the 2012 County Budget process and indicated one challenge will be dealing with the impact of the Property Tax Cap, if it is adopted by the State Legislature. He stated that he planned on discussing this matter in depth today, but there is still no official bill and thus he did not receive the details of the final bill prior to the Board meeting. The proposed legislation caps the levy at 2% but authorizes an override by the taxing entity. The override is slated at 60% of the Board and our cap number will be $492,000? He added that pension and Medicaid mandates are expected to increase three times as much as the cap. The County Administrator stated we have not yet received a response regarding the Home Rule letter that was sent to our State Elected Officials and signed by the entire Board of Supervisors. He added that this legislative session is closing soon, and another session gone by where we are extremely disappointed as we embark on another budget process without these approvals. He indicated that other counties did receive their Home Rule requests in prior years and this is inequitable. To date, the County Administrator reported we have not heard from the Commission of Correction relative to their recent staffing report requesting that we add eight new Correction Officer positions. We sent an appeal letter and the Commission of Correction is now reviewing their assessment.

ADJOURNMENT Motion made by Mr. Martello and seconded by Mr. Cosimano to adjourn until Wednesday, July 13, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:07 p.m.

196 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, JULY 13, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Schuster (Sparta).

PLEDGE OF ALLEGIANCE Portage Supervisor Ivan C. Davis led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 6/22/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from former Probation Director II Edward Erhard for the clock given to him upon his retirement. 2. Thank you note from Theresa Gilliland, Public Health for the 25-year employee crock and gift certificate. 3. Letter from Senator Catharine M. Young acknowledging receipt of Res. No. 2011-192 Requesting the New York State legislature to Enact Legislation to Authorize the County of Livingston to Increase the Mortgage Tax and Establish a Transfer Tax. 4. Letter from Assemblyman Daniel J. Burling explaining that legislation to recognize the “Corporal Jason Dunham Memorial Bridge and the Corporal Jason Dunham Memorial Highway has passed both houses and will be forwarded to Governor Cuomo for his consideration. 5. State of New York Public Service Commission providing proceeding on a motion of the Commission to Examine the Mobile Testing Requirements of the Safety Standards. 6. United States of American Federal Energy Regulatory Commission conducted onsite reviews related to projects proposed by Tennessee Gas Pipeline Company and Dominion Transmission, Inc. regarding the Ellisburg to Craig Projects in Wyoming County, New York; and Tioga and Bradford Counties in Pennsylvania and a CD is on file with those results. 7. EFP Rotenberg LLP has submitted the Livingston County Center for Nursing and Rehabilitation Financial Statements for period ending 12/31/10. 8. As a reminder, your presence is requested on July 27, 2011 at 2:30 PM for a photograph. There will be a rededication of the plaque that is on the rock located in front of the Courthouse, in honor of John Hall Barron, who was the first County Agricultural Agent in New York State to celebrate Cornell Cooperative Extension’s Centennial Year.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-238 APPROVING ABSTRACT OF CLAIMS #7A – JULY 13, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #7A dated July 13, 2011 in the total amount of $2,650,478.68. Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

PRIVILEGE OF THE FLOOR 1. AMERICAN RED CROSS UPDATE - NORTHERN LIVINGSTON COUNTY CHAPTER CHAIR, SCOTT SARGEANT AND CLARA BARTON CHAPTER #1 EXECUTIVE DIRECTOR SANDY SHAW AND RICHARD TESTA

Mr. Sargent thanked the Board for their continued support. They are looking forward to continued, positive growth in the years ahead. Last year was a trying year. There were numerous fires plus the infamous memory of a car crashing into a senior living home in Avon. The American Red Cross has received many great donations from people, ending JULY 13, 2011 197

the year on a positive note. Mr. Sargent stated at your constituents can help publicize, etc. Ms. Shaw thanked and recognized the American Red Cross Board members in attendance and introduced Richard Testa. Mr. Testa presented a personal story of the American Red Cross’s involvement in assisting him during a crisis. The American Red Cross staff invited the Board and public to a reception in the lobby after the meeting. The Chairman thanked the American Red Cross representatives.

RESOLUTIONS RESOLUTION NO. 2011-239 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: NEW YORK STATE DEPARTMENT OF HEALTH, LIVONIA AMBULANCE DISTRICT #1, DR. KAY MORGAN, DVM, COORDINATED CARE SERVICES, INC. (CCSI) Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Department of Health 7/1/11-6/30/12 $123,959.00 Bureau of Maternal & Child Health Administration Unit Room 878, Corning Tower, ESP Albany, NY 12237-0657 For: Community Health Worker Program Livonia Ambulance District #1 7/1/11-6/30/14 PO Box 108 Livonia, NY 14487 For: Loan of Ambulance Dr. Kay Morgan, DVM 8/10/10-8/9/11 $800.00 York Animal Hospital 2275 Main St. York, NY 14592 For: Veterinarian Support Coordinated Care Services, Inc. (CCSI) 7/4/11-12/31/11 $39,640.00 1099 Jay St., Bldg. J Rochester, NY 14611-1153 For: Facilitated Enrollment Program Amendment Dated at Geneseo, New York July 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-240 ESTABLISHING THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH CERTIFIED HOME HEALTH AGENCY FEES EFFECTIVE JULY 1, 2011 Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, after a review of the Agency’s cost/unit of service, the estimated cost/unit of service, the Medicare and Medicaid cost limits, as well as the 2011 Medicaid Rates, it has been determined that the Agency charge structure to maximize 2011 third-party revenues, should be increased, now, therefore, be it RESOLVED, that the following schedule of charges for the Livingston County Certified Home Health Agency be effective July 1, 2011: Discipline Billing 1/1/20067/1/2007 1/1/2009 7/1/09 1/1/10 1/1/11 7/1/11 Skilled Nursing Per Visit $145.00 $155.00 $165.00 $165.00 $170.00 $185.00 $195.00 Physical Therapy Per Visit $100.00 $125.00 $125.00 $125.00 $125.00 $125.00 $150.00 Speech Pathology Per Visit $120.00 $125.00 $125.00 $125.00 $125.00 $125.00 $150.00 198 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Occupational Therapy Per Visit $115.00 $125.00 $125.00 $125.00 $125.00 $125.00 $150.00 Medical Social Services Per Visit $160.00 $160.00 $160.00 $160.00 $160.00 $170.00 $180.00 Home Health Aide Per Visit $ 70.00 $ 75.00 $ 75.00 $ 85.00 $ 85.00 $ 95.00 $ 95.00 Home Health Aide Per Hour $ 45.00 $ 45.00 $ 45.00 $ 60.00 $ 60.00 $ 67.00 $ 67.00 Nutrition Per Visit $120.00 $120.00 $120.00 $120.00 $120.00 $125.00 $150.00 Dated at Geneseo, New York July 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-241 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: VARIOUS RESIDENTIAL TREATMENT CENTERS & GENESEE COMMUNITY COLLEGE Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Various Residential Treatment Centers 7/1/11-6/30/12 Various Rates For: The placement of children in the custody of the Commissioner who need this specialized level of care. Genesee Community College 8/1/11-7/31/12 $203,175.00 One College Road Batavia, NY 14020 For: This contract provides for a large part of the training our staff receives, including training provided by the County ITS Department to DSS staff. Dated at Geneseo, New York July 13, 2011 Human Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-242 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING AMENDMENT(S) FOR LIVINGSTON COUNTY: NYS DEPARTMENT OF STATE Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, Federal CSBG funding for 2011 was reduced by Congress by 2.77%; and WHEREAS this resulted in a funding reduction of $6,214.00; and WHEREAS this reduction reduces the contract approved by Board resolution 2010-222 from $224,316.00 to $218,102.00, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract amendment(s), according to the term(s) designated, subject to review by the County Attorney and County Administrator: Agreement With Term Amount NYS Department of State 10/1/10 - 9/30/11 $218,102.00 One Commerce Plaza 99 Washington Ave. Albany, N Y 12231 For: To provide services for income eligible county residents. Community Services Block Grant FFY2011 CSBG Entitlement Contract Dated at Geneseo, New York July 13, 2011 Human Services Committee JULY 13, 2011 199

The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-243 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DISTRICT ATTORNEY’S OFFICE: STATE OF NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES Mr. Deming 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 contract(s) for the Livingston County District Attorney’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount State of New York 4/1/11-3/31/12 $29,200.00 Division of Criminal Justice Services 4 Tower Place Albany, NY 12203-3764 For: Aid to Prosecution. Dated at Geneseo, New York July 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-244 RESCINDING RESOLUTION NO. 2010-201 AND AUTHORIZING PURCHASE OF CARGO TANK TRAINING SIMULATOR AND EQUIPMENT FROM SAFE TRANSPORTATION TRAINING SPECIALISTS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Resolution No. 2010-210 had incorrect price and equipment information; and WHEREAS, the Emergency Management Services has received a grant to purchase training equipment for cargo tank emergencies; and WHEREAS, the training equipment would serve to train emergency responders to protect the public and is available only from Safe Transportation Training Specialists; and WHEREAS, there is no substantially equivalent equipment available from any company to provide the necessary training for cargo tank emergencies and therefore the purposes of competitive bidding would not be furthered by soliciting bids, now therefore be it RESOLVED, that the Livingston County Board of Supervisors rescinds Resolution No. 2010-210 and, be it, further RESOLVED, that the Director of Emergency Management Services is authorized to purchase the following equipment at the listed prices from Safe Transportation Training Specialist, 160 West Carmel Drive, Suite 285, Carmel, Indiana 46032: Equipment Item Price

2 - 306/DOT-406 Dome Leak Simulator $10,978.00 1 - DOT-406 Cargo Tank Model $27,540.00 2 sets - Lid-Loc Dome Clamps (set of 3) $1,758.00 1 set – Lid-Loc 4 Dome Clamps (set of 4) $ 974.00 TOTAL $41,250.00

Dated at Geneseo, New York July 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted. 200 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-245 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – BILLITIER ELECTRIC, INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Billitier Electric, Inc. Replace lenses +$2,400.00 $2,068,318.89 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York July 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-246 SETTING A FEE FOR BOARDING OUTSIDE INMATES Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby sets a rate of $100 per day to house outside inmates in the Livingston County Jail, and it is further RESOLVED, that such rate shall be incorporated into housing contracts with each respective municipality prior to accepting such municipality’s inmates. Dated at Geneseo, New York July 13, 2011 Public Services Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-247 AUTHORIZING TRANSFER OF FUNDS –DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-248 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4014 2680 Insurance Recovery $3,512.14 Increase Appropriation A4014 4127 Outside Repairs $3,512.14 Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-249 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount JULY 13, 2011 201

Increase Revenue A3110 2680 Insurance Recovery $1,997.39 Increase Appropriation A3110 4127 Outside Repairs $1,997.39 Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-250 AMENDING 2011 LIVINGSTON COUNTY BUDGET – VETERAN SERVICES AGENCY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Veteran Services Agency budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A6510 2705 Gifts & Donations $185.00 A6510 2770 Other, Unclass. Revenue $1,844.00 TOTAL $2,029.00 Increase Appropriation A6510 4060 Office Supplies $185.00 A6510 2050 Office Mach, Equip. $1,844.00 TOTAL $2,029.00 Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-251 DECLARING SURPLUS PROPERTY – DEPARTMENT OF HEALTH, DISTRICT ATTORNEY’S OFFICE Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Department of Health Quantity Item Make Vin # 1 ALS Fly car 2007 Jeep Cherokee 1J8GR48K37C675733 District Attorney’s office Quantity Item Make Vin # 1 2003 Chevy Impala 2G1WF52E439253436 Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-252 ESTABLISHING STANDARD WORK DAY AND RETIREMENT REPORTING CREDIT FOR 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body: 202 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Participates in Employer's Standard Time Days/Month Work Keeping (Based On Day System Record Of Dept. Title Name Hrs/day Term (Y/N) Activities) Commissioner of Social DSS Services Deane, Diane M. 7 6/1/11-5/31/16 Y N/A Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-253 INCREASING MILEAGE RATE TO 55.5¢ PER MILE EFFECTIVE JULY 1, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the standard mileage rate for Livingston County is hereby set at 55.5¢ per mile effective July 1, 2011. Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-254 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: Sheriff’s Department Create one full-time Corrections Officer position. Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

RESOLUTION NO. 2011-255 CORRECTING TAX ROLL – SUPREME COURT SETTLEMENT FOR THE TOWN OF WEST SPARTA Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Director of the Real Property Tax Services has transmitted a written report of his recommendation with regard to one (1 parcel/2 years) Supreme Court decision for correction of the tax rolls, pursuant to the Real Property Tax Law, for the Town of West Sparta on the tax roll for the years hereinafter set forth, and WHEREAS, said parcel was incorrectly assessed and/or taxed for reasons set forth in the Supreme Court decision for a 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 rolls so that the rolls can be corrected; 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 the Supreme Court decision. Year Taxing Original Corrected Refund of Taxes Chargeback Town Jurisdiction Tax Bill Tax Bill Interest Interest included to Taxing JULY 13, 2011 203

Premises Per settlement Jurisdiction 1. 2008 West Sparta DEMUTH, Livingston County $2,797.60 $2,170.36 $ 79.66 $ 706.90 * $706.90 Randy & Susan West Sparta Town Tax 3,645.00 2,827.77 103.78 921.01 ** 0.00 9086 McNair Rd. West Sparta Fire 1 325.42 252.46 9.27 82.23 ** 0.00 Dansville, NY Liv. Co. Penalties 137.36 107.01 3.85 34.20 * 34.20 Tax Map Number Total $6,905.38 $5,357.60 $196.56 $1,744.34 $741.10 188.-1-82.112

2. 2011 West Sparta DEMUTH, Livingston County $3,187.39 $2,465.11 Randy & Susan West Sparta Town Tax 3,493.41 2,701.79 9086 McNair Rd. West Sparta Fire 1 327.54 253.32 Dansville, NY Liv. Co. Penalties 794.17 614.71 Tax Map Number Total $7,802.51 $6,034.93 188.-1-82.112

** Refunded by County Treasurer ** Refunded by Town of West Sparta Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

EXECUTIVE SESSION Motion made by Mr. Martello and seconded by Mr. Gott that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing the employment history of particular persons; and that James C. Merrick act as Chairman, County Administrator Ian M. Coyle act as secretary, and County Auditor, Terrence Donegan 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 employment history of particular persons, hereby reports as follows: No action taken. Dated July 13, 2011 James C. Merrick, Chairman Ian M. Coyle, Deputy Clerk of the Board Motion made by Mr. Martello and seconded by Mr. Gott that the Report of the Executive Session be accepted. Carried.

RESOLUTION NO. 2011-256 APPOINTING SPECIAL COUNSEL Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Auditor, as Compliance Officer under Livingston County’s Regulatory Compliance Plan, is authorized to enter into an professional services agreement on behalf of Livingston County, with Wayne A. Vanderbyl, Esq., to assist in an investigation under the compliance plan. Dated at Geneseo, New York July 13, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,706; Noes - 0; Absent – Schuster, 46; Adopted.

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE County Administrator, Ian Coyle provided an update from the GFOA regarding the property tax cap legislation and the impact to municipalities. 204 REPORT OF THE SUPERVISORS’ PROCEEDINGS

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Yendell to adjourn until Wednesday, July 27, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:10 p.m.

JULY 27, 2011 205

REGULAR BOARD MEETING WEDNESDAY, JULY 27, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Buckley (Springwater) and Mr. Cosimano (West Sparta).

PLEDGE OF ALLEGIANCE The County Administrator introduced H. Ross Glover: Mr. Glover attended Canaseraga High School until 1942 when he dropped out to enlist, but was not inducted until March 8, 1943. After his basic and advanced training as an Infantryman, he was sent to the Mediteranean Theater of operation on July 14, 1943 and arriving on July 21, 1943. He was assigned to B Company, 2nd Battalion, 42nd Regiment of the 36th Infantry Division. His unit first landed at Salerno, Italy, and fought their way inland. Several days later, at the small Italian town of Altavilla, he was critically injured by shrapnel and evacuated to North Africa. After an extended period of healing and recuperation, Mr. Glover returned to his unit that was now in the mountains of northern Italy, around Monte Cassino. Mr. Glover was also involved in the invasion/battles of Anzio, Southern France, Alsace Lorraine, Central Europe, Naples-Foggia, Rhineland and Rome-Arno. He returned to the U.S. on September 28, 1945, aboard the Queen Mary. For his service to his country, Mr. Glover was awarded the European African Middle Eastern Service Medal with seven (7) battle stars, three (3) Purple Hearts, the Combat Infantry Badge, Bronze star with cluster, World War II Victory Medal, Presidential Unit Citation with two (2) clusters, the Good Conduct Medal the New York State Conspicuous Service Cross, the New York State Medal for Merit and the New York State Conspicuous Service Star. After his military service, Mr. Glover worked at the John Lawrence, Inc. garage for twelve (12) years before working for SHAYS Servive Inc. driving truck for the next thirty (30) years. He retired in 1985. Mr. Glover married his first wife, Corinne on December 31, 1946 and had sixty-one years of wedded bliss and two sons. After her passing, he met and married his second wife, Alice, on April 2, 2011. Ross received his High School Diploma in June 2007 and has lived in Dansville for over sixty years

H. ROSS GLOVER, a WWII veteran. led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to H. Ross Glover. The audience presented a standing ovation.

APPROVAL OF MINUTES 1. Minutes of 7/13/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Thank you note from Senator Patrick M. Gallivan for providing him with office space in the Government Center. 2. Thank you note from Clerk of the Board, Virginia O. Amico for the get-well wishes and the gift card to Wegman’s. 3. As a reminder, your presence is requested today at 2:00 PM for a photograph. There will be a rededication of the plaque that is on the rock located in front of the Courthouse, in honor of John Hall Barron, who was the first County Agricultural Agent in New York State to celebrate Cornell Cooperative Extension’s Centennial Year.

INTRODUCTION OF LOCAL LAW 1. LOCAL LAW NO. G - 2011 - THE LIVINGSTON COUNTY HOTEL AND MOTEL ROOM OCCUPANCY TAX LAW Be it enacted by the Board of Supervisors of the County of Livingston, State of New York, 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. 206 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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 JULY 27, 2011 207

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 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, 2012, 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 208 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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, 2012, 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, 2012. 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 therefore 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% JULY 27, 2011 209

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 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. 210 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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, 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 the year 2012. 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. JULY 27, 2011 211

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 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 212 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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 JULY 27, 2011 213

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 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: 214 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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 JULY 27, 2011 215

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, 2012, and expire on December 31, 2014, 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.

County Attorney, David Morris commented that this extends our hotel motel occupancy tax for three additional years. The current law expires at the end of this year.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-257 APPROVING ABSTRACT OF CLAIMS #7B – JULY 27, 2011 RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #7B dated July 27, 2011 in the total amount of $3,042,026.95 Dated at Geneseo, New York July 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

PRIVILEGE OF THE FLOOR 1. TOM MATTHEWS – LIVINGSTON CARES T. Matthews, president of Livingston Cares stated that in 2005 he and Cynthia Oswald came before the board to pass a resolution offering support of Harrison County Mississippi, starting a long term relationship. In May they completed their 26th trip with over 600 volunteers attending. T. Matthews stated that on each desk is a copy of their annual report (on file). He stated that the organization is doing a number of activities including trips to Mississippi, working on houses and he has seen first had the positive impact it has made on the students. The program was called Livingston Cares because they wanted to reach the whole community, not just Geneseo; and last year they worked on 16 sites, reaching almost every town and village. He also stated that on each desk was a copy of their brochure with information on the organization. He thanked the Board for all of their support and stated that they are always looking for volunteers and donations to help the organization.

PREFERRED AGENDA RESOLUTION NO. 2011-258 COMMEMORATING THE CELEBRATION OF JOHN BARRON DAY ON JULY 26, 2011 WHEREAS, Agriculture is an important part of the foundation upon which our heritage was built and remains the number one industry in Livingston County; and WHEREAS, the Livingston County Board of Supervisors is proud to commemorate the celebration of John Barron Day on July 26, 2011, hosted by Cornell Cooperative Extension and the New York Farm Bureau in observance of the 100th Anniversary of John H. Barron's appointment as the first County Agent in New York State; and WHEREAS, John Hall Barron was born in Tuscarora in the Town of Mount Morris in Livingston County, New York, on June 28, 1883; graduated from Cornell University with a Bachelor of Science degree in Agriculture in 1906; became an Assistant In Instruction at Pennsylvania State College teaching short courses; was appointed Assistant in Experimental Agronomy at the Pennsylvania Experiment Station in January 1907 and, in 1908, returned to his farm in Ossian, New York, for three years and served as a farmers' institute lecturer; and WHEREAS, on March 1, 1911, John H. Barron was employed as the first County Agent in New York State at Binghamton, New York, in the Farm Bureau of the Binghamton Chamber of Commerce and was a pioneer Agricultural Agent in the United States and for 30 years, beginning in 1913, was Extension Professor in Agronomy at Cornell University, from which he retired as Emeritus Extension Professor; and WHEREAS, John Barron was one of the most popular and effective extension specialists ever to represent Cornell University, possessing in his prime a reputation and a following in New York State and Livingston County of which anyone would have been proud; and 216 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, John Hall Barron devoted himself with a singleness of purpose to the solution of the agronomic problems of New York State farmers; and his contributions to the production of more and better feed crops did much to improve livestock feeding practices in New York; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors recognizes and commends John Hall Barron's contributions to agriculture and Livingston County and commemorates the celebration of John Barron Day on July 26, 2011; and be it further RESOLVED, that copies of this Resolution be transmitted to Cornell Cooperative Extension and the New York Farm Bureau. Dated at Geneseo, New York July 27, 2011 Human Services Committee

RESOLUTION NO. 2011-259 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. G - THE LIVINGSTON COUNTY HOTEL AND MOTEL ROOM OCCUPANCY TAX LAW WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on July 27, 2011, a proposed Local Law entitled Local Law No. G – 2011 The Livingston County Hotel and Motel Tax, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 10th day of August, 2011 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 July 27, 2011 Ways and Means 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-260 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR CONFLICT DEFENDER SERVICES – GENESEE VALLEY LEGAL AID, INC Mr. Deming announced that this resolution was not presented at a Public Services Committee meeting; however, the Committee has signed the resolution. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the County of Livingston solicited a Request for Proposal for Conflict Defender Services, and three (3) proposals were received, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator: Contractor Term Amount Genesee Valley Legal Aid, Inc 9/1/11-8/31/14 $170,000.00 per year 5579 E. Avon-Lima Road w/two one-year County $173,000.00 per year Avon, NY 14414 options to renew For: Conflict Defender Services Dated at Geneseo, New York July 27, 2011 Public Services Committee The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

JULY 27, 2011 217

RESOLUTION NO. 2011-261 AUTHORIZING TRANSFER OF FUNDS - CENTRAL SERVICES, DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York July 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

RESOLUTION NO. 2011-262 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $1,579.84 A3110 2680 Insurance Recovery $3,064.56 TOTAL $4,644.40 Increase Appropriation A3110 4127 Outside Repairs $1,579.84 A3110 4127 Outside Repairs $3,064.56 TOTAL $4,644.40 Dated at Geneseo, New York July 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

RESOLUTION NO. 2011-263 INCREASING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, ON OCCUPANCY OF HOTEL ROOMS AND ON AMUSEMENT CHARGES PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the New York State Legislature has authorized the County of Livingston to impose an additional 1% local sales and compensating use tax rate; and WHEREAS, it is necessary for the County of Livingston to amend its existing Sales and Use Tax resolution to impose such additional rate; now, therefore, BE IT RESOLVED by the Livingston County Board of Supervisors, as follows: SECTION 1. Section 4-A of Resolution No. 67-190, enacted by the Board of Supervisors of the County of Livingston on November 30, 1967, imposing sales and compensating use taxes, as amended, is amended to read as follows: SECTION 4-A. Imposition of additional rate of sales and compensating use taxes. Pursuant to the authority of section 1210 of the Tax Law, in addition to the sales and compensating use taxes imposed by sections 2 and 4 of this resolution, there is hereby imposed and there shall be paid an additional one percent rate of such sales and compensating use taxes, for the period beginning June 1, 2003, and ending November 30, 2013. Such additional taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall be administered and collected in the same manner as such taxes. All of the provisions of this resolution relating to or applicable to the administration and collection of the taxes imposed by such sections 2 and 4 shall apply to the additional taxes imposed by this section, including the applicable transitional provisions, limitations, special provisions, exemptions, exclusions, refunds and credits as are set forth in this resolution, with the same force and effect as if those provisions had been incorporated in full into this section and had expressly referred to the additional taxes imposed by this section. 218 REPORT OF THE SUPERVISORS’ PROCEEDINGS

SECTION 2. Paragraph (B) of subdivision (1) of Section 11 of Resolution No. 67-190 enacted by the Board of Supervisors of the County of Livingston on November 30, 1967, imposing sales and use taxes, as amended, is amended to read as follows: B) With respect to the additional tax of one percent imposed for the period beginning June 1, 2003, and ending November 30, 2013, in respect to the use of property used by the purchaser in this county prior to June 1, 2003. SECTION 3. Subdivision (c) of section 14 of Resolution No. 67-190, enacted by the Board of Supervisors of the County of Livingston on November 30, 1967, imposing sales and use taxes, as amended, is amended to read as follows: (c) Notwithstanding subdivision (a) or (b) of this section or any contrary provision of law, all net collections from the additional one percent rate of sales and compensating use taxes imposed for the period beginning June 1, 2003, and ending November 30, 2013, shall be used to pay the county’s expenses for Medicaid. Such net collections shall be deposited in a special fund created by the County separate and apart from any other funds and accounts of the County. Any and all remaining net collections from such additional one percent tax, after the Medicaid expenses are paid, shall be deposited by the County in the general fund of the County for any county purpose. SECTION 4. This enactment shall take effect December 1, 2011. Dated at Geneseo, New York July 27, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,653; Noes - 0; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

RESOLUTION NO. 2011-264 AUTHORIZING APPEAL OF TAX FORECLOSURE DECISIONS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, Judge Dennis Cohen has granted several taxpayers applications to reopen default judgments in the 2011 real property tax foreclosure auction; and WHEREAS, the County has been advised that the decision lacks legal merit and should be appealed; now therefore be it RESOLVED, that the Livingston County Board of Supervisors authorizes the filing of the necessary papers to appeal the adverse tax foreclosure decisions and authorizes the County Administrator to hire and pay legal counsel to prosecute the appeals. Dated at Geneseo, New York July 27, 2011 Ways and Means Committee

County Administrator, Ian Coyle commented that he and the County Attorney David Morris spoke and they presented to the Ways and Means Committee that there is no legal basis for granting exceptions to reopen default judgments in the 2011 real property tax foreclosure auction, and an appeal is necessary to protect our tax law. Supervisors Yendell asked if all of the cases will be treated equally? I. Coyle responded that yes, they will all be treated the same. Philips Lytle represented the County during the first two hearings and the last exception was scheduled Tuesday for the Leschander property. County Attorney David Morris was there to defend the County and Carolyn Taylor and I were present also. Supervisors Yendell asked if the County Administrator was unavailable to attend the other hearings? The County Administrator stated that yes, he was not available to attend the prior hearings. County Attorney David Morris responded that the second hearing was being heard during the Ways and Means committee and the other one was done the week prior, Philips Lytle was present to argue the case. Supervisors Moore asked if Philips Lytle will handle the appeal process? County Attorney David Morris stated that we have to discuss, this resolution gives the County Administrator legal authority to hire and pay legal counsel. Supervisors LeFeber stated that the second sentence states that the “County has been advised,” and asked who advised the County that the decision lacks legal merit? County Attorney David Morris responded that they have been advised by Philips Lytle and it is also his own opinion that the Judge’s decisions lack legal merit. Supervisor LeFeber asked if this was the only way to solve the problem, by spending money? County Attorney David Morris this is the only way, the Judge has made his view clear and will continue to do what he has been unless we get an appeal to say such exception granting conflicts with our law. Supervisor LeFeber asked how long do we have to file? County Attorney David Morris stated thirty days. JULY 27, 2011 219

Supervisor DiPasquale asked if there was case law in our favor? D. Morris responded yes, out of Albany and Upstate there are two appellate division cases that stated failure to pay is not a reasonable excuse. Supervisor Deming stated that two properties have already paid their taxes. If theses are appealed, what happens to the properties? D. Morris responded that would have to refund the taxes that are paid and the properties would go to auction. Supervisor Martello stated that since this has come up there has been discussion one what we have agreed to in the past, and what we currently do can you summarize what our law says? D. Morris stated that the law is Real Property Tax Law that sets up the payment time frame. Issue is whether the county is going to let people pay taxes after the last day to redeem. Our practice is the last day to redeem, is the last day to pay, no exceptions. Supervisor Martello asked if there was somewhere that states the Board of Supervisors or Ways and Means Committee could make an exception? I. Coyle stated that the law is clear and the practice is clear on what we have done; what is unclear is the portion of the minutes that say we have the right to review, in the same paragraph it also stated that there will be no extensions granted. Supervisors Martello stated that as we move forward we will make sure it is clear. Supervisors Moore asked if the property owner will be notified while the appeal process is going on? D. Morris stated that the property owner will be served with the notice of appeal. Supervisor Baldwin stated that there is no exceptions allowed the only option is judicial. They just have to go to the Judge to get an appeal, making what we do here meaningless. Supervisor Yendell stated that we did allow a hearing a couple of years ago and we pulled that property because we thought we as County would be interested in the property I. Coyle responded that we foreclosed on that property. Supervisor Yendell said that yes, but you did allow the appeal process- you allowed them to be heard. Supervisor LeFeber asked since we had a practice but not policy, how will judges view that and how will that effect merit? D. Morris responded that merit has nothing to do with it; there are no significant grounds to open a default judgment Supervisor Yendell ask how much is this going to cost? I. Coyle responded around $5,000- $8,000 we will not know the exact cost until we get to that point.

The roll was called as follows: Ayes - 1,203; Noes – LeFeber, 175; Yendell, 125; DiPasquale, 126; Davis, 24; Total- 450; Absent –Buckley, 65; Cosimano, 34; Total – 99; Adopted.

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE County Administrator, Ian Coyle stated that on each desk is a document with the results from the foreclosure auction. He stated that it was very well attended and thanked the County Treasures, Carolyn Taylor and County Attorney David Morris for administrating the Auction, the net profit/loss was $857,557.59, less tax liens.

2. INTRODUCTIONS Supervisor Deming introduced Assemblyman Sean Hannah representing the 130th District and Assemblyman Daniel Burling representing the 147th district.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, August 10, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:11 p.m. 220 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, AUGUST 10, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Baldwin (Nunda) and Mr. Buckley (Springwater).

PLEDGE OF ALLEGIANCE Geneseo Supervisor William S. Wadsworth led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 7/27/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. LOCAL LAW NO. G - 2011 - THE LIVINGSTON COUNTY HOTEL AND MOTEL ROOM OCCUPANCY TAX LAW Chairman Merrick declared the Public Hearing open and asked the County Attorney to comment on the local law. County Attorney David Morris explained this is a local law that authorizes the extension of the Hotel and Motel Room Occupancy tax at 3% for additional three years starting 1/1/12 and expiring 12/31/14. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. 1. Kelly Jo. Landers, Town of Conesus – was concerned that the law was expanding powers to the County Treasurer that were unintentional. The Chairman asked the County Attorney to comment. The County Attorney explained that when reading any law you have to read in context. He stated that Section 200 is Administration of the Tax Law and those powers are granted under that section. The Chairman asked if any Supervisor wished to comment. No one wished to comment. The Chairman announced that the public hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. The 2011 Fall NYSAC Conference will be September 21-23 in Lake Placid, NY at the Crown Plaza Hotel. If you plan on attending please let the Clerk know immediately. 2. Chamber After Hours hosted by The Beachcomber, August 10, 2011, 4:00-6:00 PM. Open to the public. No reservations required. 3. The 2011 Household Hazardous Waste/Pharmaceutical Collection Program will be held at Hampton Corners, Mt. Morris, NY on September 17, 2011, 9:00 AM-2:00 PM. Call 585-344-2580 ext 5463 or 800-836-1154 to make an appointment. 4. Notice of Claim in the matter of Maureen Schirmer, as Executor of the Estate of Thelma O. McDonald, Deceased versus Livingston County, Livingston County Center for Nursing and Rehabilitation filed in this office on July 28, 2011. 5. The 2011 Genesee/Finger Lakes Regional Planning Council 2012 Preliminary Budget is on file. 6. Notice of Claim in the matter of Mary Edick versus the County of Livingston filed in this office on August 5, 2011. 7. InterCounty Association of Western New York meeting will be held in Chemung County on Friday, August 19, 2011 at 9:30 AM at the National Soaring Museum, Elmira, NY. Registration $20.00. PROGRAM: The Soaring Capital of America

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-265 APPROVING ABSTRACT OF CLAIMS #8A – AUGUST 10, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #8A dated August 10, 2011 in the total amount of $2,612,838.42. Dated at Geneseo, New York August 10, 2011 AUGUST 10, 2011 221

Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

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

PREFERRED AGENDA RESOLUTION NO. 2011-266 PROCLAIMING SEPTEMBER 16, 2011 AS NATIONAL POW/MIA RECOGNITION DAY WHEREAS, the Federal government has designated September 16, 2011 as National POW/MIA Recognition Day, and WHEREAS, numerous members of our Armed Forces are still listed as POW/MIAs and we demand an accurate accounting of those still listed as POW/MIAs, and WHEREAS, the members of the Livingston County Board of Supervisors and the citizens of Livingston County strongly support our Veterans who sacrificed so much to insure our freedom, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors does hereby proclaim September 16, 2011 as National POW/MIA Recognition Day, and, be it further RESOLVED, that the Clerk of the Board is hereby directed to forward certified copies of this resolution to President Barack H. Obama II, U.S. Senators Charles E. Schumer and Kirsten E. Gillibrand, Congresswoman Kathy C. Hochul and all others deemed appropriate and necessary. Dated at Geneseo, New York August 10, 2011 Human Services Committee

RESOLUTION NO. 2011-267 PROCLAIMING THE WEEK OF SEPTEMBER 18-24, 2011 AS ADULT DAY SERVICES WEEK IN LIVINGSTON COUNTY IN CELEBRATION OF NATIONAL ADULT DAY SERVICES WEEK WHEREAS, adult day care centers at the local, state and national level provide vital medical care, including medication monitoring, therapies, and health education, and provide invaluable opportunities for social interaction to disabled elderly Americans; and WHEREAS, the medical model adult day care center, located at the Livingston County Center for Nursing and Rehabilitation, known as the Garden of Life is the only adult day care program in Livingston County and provides a high quality of care and services to meet the needs of elderly Livingston County residents, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors proclaims September 18-24, 2011 as Adult Day Services Week in Livingston County in honor of the valuable contributions Livingston County’s Garden of Life Adult Day Health Care Program and its staff make to the quality of life in our county. Dated at Geneseo, New York August 10, 2011 Human Services Committee

RESOLUTION NO. 2011-268 PROVIDING FOR PUBLIC HEARING TO CONSIDER OBJECTIONS TO SPECIAL ASSESSMENT ROLL WHEREAS, the special assessment rolls for all county districts have been filed, and WHEREAS, the Livingston County Board of Supervisors is required to hold a public hearing to hear any objections to those rolls, 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 notice of the public hearing be mailed to property owners in the districts, and, be it further RESOLVED, that a public hearing be set for October 12, 2011 at 1:35 pm in the Board of Supervisors Chambers, Livingston County Government Center, 6 Court Street, Geneseo, NY 14454 to consider objections to the special assessment roll. Dated at Geneseo, New York 222 REPORT OF THE SUPERVISORS’ PROCEEDINGS

August 10, 2011 Public Services Committee

RESOLUTION NO. 2011-269 PROCLAIMING THE WEEK OF SEPTEMBER 5-11, 2011 AS EMERGENCY SERVICES PROVIDER WEEK WHEREAS, on April 24, 2002 the Livingston County Board of Supervisors adopted Res. No. 2002-173 entitled Honoring Livingston County Emergency Services Providers On An Annual Basis During The Week Of September 11th, and WHEREAS, the Livingston County Board of Supervisors desires to acknowledge the invaluable services provided to the residents of Livingston County by Law Enforcement, Fire and Emergency Medical Service providers, it is hereby RESOLVED, that the Livingston County Board of Supervisors proclaims the week of September 5-11, 2011 as Emergency Services Provider Week to honor and thank the Law Enforcement, Fire and Emergency Medical Service providers throughout Livingston County. Dated at Geneseo, New York August 10, 2011 Public Services Committee

RESOLUTION NO. 2011-270 REQUESTING THE FEDERAL AND STATE REPRESENTATIVES TO PERFORM A STUDY OF MT. MORRIS DAM OPERATIONS TO ADDRESS DOWNSTREAM FLOODING WHEREAS, the Mount Morris Dam is owned and operated by the U.S. Army Corps of Engineers, Buffalo District; and WHEREAS, the Akzo Nobel Retsof Salt Mine collapsed in March 1994, causing documented land subsidence in the Genesee River valley downstream of the dam; and WHEREAS, operation of the Mount Morris dam using data developed prior to March 1994 does not take this land subsidence into account; and WHEREAS, agricultural land in the Genesee Valley between the dam and the river gage in Avon experienced significant flooding and damage in the Spring of 2010; and WHEREAS, agriculture is Livingston County's #1 industry, with much of the prime agricultural soils located in the Genesee Valley; and WHEREAS, revision of U.S. Army Corps of Engineers operation of the Mount Morris dam, incorporating the new elevation levels in the area of Genesee Valley land subsidence, may decrease the loss of soil and loss of production on valuable agricultural land; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby requests that a study of the Army Corps of Engineer dam operations be conducted to take into account the downstream land subsidence caused by the 1994 Akzo Nobel Retsof Salt Mine, and appropriations be given to change dam operations if warranted, and authorizes the Chairman of the Board of Supervisors to send a letter to the appropriate Federal and State representatives requesting such a study. Dated at Geneseo, New York August 10, 2011 Public Services Committee

RESOLUTION NO. 2011-271 REAPPOINTING MEMBER TO THE LIVINGSTON COUNTY WORKPLACE VIOLENCE PREVENTION COMMITTEE – AMY MANN RESOLVED, that the following member is hereby reappointed to the Livingston County Workplace Violence Prevention Committee for the term designated: Name Address Rep./Title Term Livingston County Workplace Violence Prevention Committee Amy Mann 11 Melodee Lane, Nunda, NY 14517 Member 7/1/11-6/30/13 Dated at Geneseo, New York AUGUST 10, 2011 223

August 10, 2011 Ways and Means 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. Martello and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-272 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: UNIVERSITY OF ROCHESTER, NEW YORK STATE DEPARTMENT OF HEALTH (2), GREAT EXPECTATIONS PHYSICAL, OCCUPATIONAL & SPEECH THERAPY/PLLC Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount University of Rochester 4/1/10 - 3/31/11 $4,322.00 Center for Community Health 46 Prince Street, Suite 1001 Rochester, NY 14607 For: COLA Award for NYS Cancer Services Program New York State Department of Health 7/1/10 - 6/30/15 $6,644.00 Bureau of Environmental Radiation Protection 547 River Street, Room 530 Troy, NY 12180 For: Radon Testing New York State Department of Health 4/1/11 - 3/31/12 $32,015.00 Bureau of Immunization Room 649, Corning Tower, ESP Albany, NY 12237-0627 Attn: Jodi Schoen For: Immunization Action Plan Great Expectations Physical, Occupational 1/1/11 - 12/31/15 Per NYS Rates & Speech Therapy/PLLC 9673 Silsbee Rd. Hammondsport, NY 14840-9797 For: Approved Provider of Early Intervention Services Dated at Geneseo, New York August 10, 2011 Human Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-273 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: BONADIO GROUP, AVON, DANSVILLE & LIVONIA SCHOOLS Mr. Yendell presented the following resolution and moved its adoption: 224 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Bonadio Group 9/1/11 - 8/31/12 $150/hr. 171 Sully’s Trail Pittsford NY 14534 For: Review of Medicaid cases of self-employed recipients. Avon, Dansville & Livonia Schools 9/1/11 - 8/31/12 For: School Based Preventive Case Management including services for children and their families, which are supportive and rehabilitative. Dated at Geneseo, New York August 10, 2011 Human Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-274 AUTHORIZING THE COMMISSIONER OF SOCIAL SERVICES TO SIGN A CONTRACT WITH THE FOLLOWING: LIVINGSTON COUNTY DEPARTMENT OF HEALTH Mr. Yendell presented the following resolution and moved its adoption: RESOLVED, that the Commissioner of Social Services is hereby authorized to sign the following contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Department of Health 5/1/11 - 4/30/12 $39,000.00 2 Murray Hill Drive Mt. Morris NY 14510 For: RN Case Manager to review and coordinate medical issues for Foster Care children Dated at Geneseo, New York August 10, 2011 Human Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-275 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING RESOURCE ALLOCATION PACKAGE (RAP) FOR THE LIVINGSTON COUNTY YOUTH BUREAU: NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES Mr. Yendell 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 Resource Allocation Package (RAP) for the Livingston County Youth Bureau, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Office of Children and Family Services 1/1/11 - 12/31/11 $78,785.00 Capital Views Office Park 52 Washington St. Rensselaer, N Y 12144 For: Resource Allocation Package that authorizes the draw down of State Youth Development Funds Dated at Geneseo, New York August 10, 2011 Human Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

AUGUST 10, 2011 225

RESOLUTION NO. 2011-276 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACTS FOR THE LIVINGSTON COUNTY CENTRAL SERVICES DEPARTMENT: DAY AUTOMATION SYSTEMS, INC. (4) Mr. Deming 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 Central Services Department, according to the terms designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Day Automation Systems, Inc. 5/1/11 - 4/30/12 $16,280.00 7931 Rae Boulevard Victor, NY 14564 For: Energy Management and Control System Maintenance Service Agreement for the Mt. Morris Campus Buildings #1 thru #9 Day Automation Systems, Inc. 5/1/11 - 4/30/12 $6,182.00 7931 Rae Boulevard Victor, NY 14564 For: Energy Management and Control System Maintenance Service Agreement for the Government Center Day Automation Systems, Inc. 5/1/11 - 4/30/12 $3,763.00 7931 Rae Boulevard Victor, NY 14564 For: Energy Management and Control System Maintenance Service Agreement for the Courthouse Day Automation Systems, Inc. 5/1/11 - 4/30/12 $1,222.00 7931 Rae Boulevard Victor, NY 14564 For: Energy Management and Control System Maintenance Service Agreement for the Millennium Drive Site Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-277 AWARDING BID FOR THE HIGHWAY DEPARTMENT AND AUTHORIZING PURCHASE OF PRETREATED AND UNTREATED BULK SODIUM CHLORIDE (CRUSHED ROCK SALT) FOR LIVINGSTON COUNTY AGENCIES – AMERICAN ROCK SALT & CARGILL INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for Crushed Rock Salt, three (3) bids were received and opened on July 19, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contracts, which are hereby accepted as the lowest responsible bids, subject to review by the County Attorney and County Administrator: Contract Term Amount American Rock Salt 8/1/11 - 7/31/12 Per Ton $38.00 P.O. 190 Mt. Morris, NY 14510 For: Untreated FOB Stockpile. Cargill Inc. Deicing Technology Business Unit 8/1/11 - 7/31/12 Per Ton $40.24 24950 Country Club Blvd., Suite 450 North Olmstead, Ohio 44070 For: Untreated Delivered American Rock Salt 8/1/11 - 7/31/12 Per Ton $51.84 P.O. 190 Mt. Morris, NY 14510 226 REPORT OF THE SUPERVISORS’ PROCEEDINGS

For: Treated Delivered Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-278 AWARDING BID FOR THE HIGHWAY DEPARTMENT AND AUTHORIZING PURCHASE OF LIQUID CALCIUM CHLORIDE WITH ORGANIC BASED PERFORMANCE ENHANCER (OBPE) FOR LIVINGSTON COUNTY AGENCIES – INNOVATIVE SURFACE SOLUTIONS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after proper legal advertisement seeking bids for Liquid Calcium Chloride with Organic Based Performance Enhancer (OBPE), One (1) bid was received and opened on July 19, 2011 now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Term Amount Innovative Surface Solutions 8/1/11 - 7/31/12 deliveries of 4,500 gallons: 454 River Road Glenmont, NY 12077 100% OBPE $1.40/gallon 75% OBPE 25% Calcium $1.20/gallon 50% OBPE 50% Calcium $1.19/gallon 25% OBPE 75% Calcium $1.20/gallon 7% OBPE 93% Calcium $1.20/gallon Price Reduction for delivery & off loading to agency’s holding tank $.50/gallon Deliveries of 9,000 gallons 100% OBPE $1.20/gallon 75% OBPE 25% Calcium $.95/gallon 50% OBPE 50% Calcium $.85/gallon 25% OBPE 75% Calcium $.95/gallon 7% OBPE 93% Calcium $.90/gallon Price Reduction for delivery & off loading to agency’s holding tank $0.00/gallon Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-279 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN AN EXTENSION OF THE CONTRACT FOR SNOW AND ICE CONTROL ON COUNTY ROADS- TOWN OF AVON, TOWN OF CALEDONIA, TOWN OF CONESUS, TOWN OF GENESEO, TOWN OF GROVELAND, TOWN OF LEICESTER, TOWN OF LIMA, TOWN OF LIVONIA, TOWN OF MT. MORRIS, TOWN OF N. DANSVILLE, TOWN OF NUNDA, TOWN OF OSSIAN, TOWN OF PORTAGE, TOWN OF SPARTA, TOWN OF SPRINGWATER, TOWN OF WEST SPARTA, TOWN OF YORK, TOWN OF NAPLES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Res. No. 2010-256 authorized an new contract with eighteen (18) municipalities for Snow & Ice Control on County Roads for the period October 15, 2010 – October 14, 2011 at a rate of $4,000.00 per centerline mile, and AUGUST 10, 2011 227

WHEREAS, said Resolution included a provision for three (3) 1-year extensions, with the annual rate to be determined at the time of extension, now, therefore be it RESOLVED, that that the Livingston County Board of Supervisors authorizes the Chairman of the Board to sign a one-year extension with eighteen (18) municipalities for snow and ice control on County roads for the period October 15, 2011 through October 14, 2012, at the rate of $4,000.00 per center-line mile, subject to the approval of the municipalities, the County Attorney and the County Administrator. Contractor Term Amount Town of Avon 10/15/11 - 10/14/12 $968,968.00 Town of Caledonia (With provision for 2 more annual extensions) Town of Conesus Town of Geneseo Town of Groveland Town of Leicester Town of Lima Town of Livonia Town of Mt. Morris Town of N. Dansville Town of Nunda Town of Ossian Town of Portage Town of Sparta Town of Springwater Town of West Sparta Town of York Town of Naples Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-280 AUTHORIZING THE IMPLEMENTATION AND MASTER AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, AND ROW INCIDENTALS PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 475559, AND APPROPRIATING FUNDS THEREFOR: PREVENTIVE MAINTENANCE ON FOUR (4) BRIDGES, LIVINGSTON COUNTY Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Preventive Maintenance on Four (4) Bridges in Livingston County (NYSDOT PIN 475559) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, said four (4) bridges include: BIN 3316240 Fowlerville Road over Genesee River, York BIN 3316640 DeGroff Road over Keshequa Creek, Nunda BIN 3316680 Church Street over Keshequa Creek, Nunda BIN 3316940 Poags Hole Road over Canaseraga Creek, N. Dansville, and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Preliminary Engineering, Design, and ROW Incidentals phases; now, therefore be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further 228 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of Preliminary Engineering, Design, and ROW Incidentals phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Sixty-Two Thousand Dollars ($62,000) [(of which, 80% ($49,600) will be the Federal-Aid share, and the County share will be 20% ($12,400)] is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in the specified phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-281 AUTHORIZING THE IMPLEMENTATION AND MASTER AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, AND ROW INCIDENTALS PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 475491), AND APPROPRIATING FUNDS THEREFORE: REPLACEMENT OF WOODSVILLE ROAD BRIDGE OVER BRADNER CREEK, TOWN OF WEST SPARTA (BIN 2210990) Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Replacement of Woodsville Road Bridge over Bradner Creek, Town of West Sparta, in Livingston County (NYSDOT PIN 475491) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, said bridge is owned and maintained by the Town of West Sparta, but the County of Livingston is administering this project for the Town, with reimbursement to be made by the Town of West Sparta to Livingston County for any and all Local Shares of the project, and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Preliminary Engineering, Design, and ROW Incidentals phases; now, therefore be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of Preliminary Engineering, Design, and ROW Incidentals phases for the Project or portions thereof, and be it further RESOLVED, the total sum of One Hundred and Twenty-Six Thousand Dollars ($126,000) [(of which, 80% ($100,800) will be the Federal-Aid share, 15% ($18,450) will be the NYS Marchiselli share and the County share to be reimbursed by the Town will be 5% ($6,750)] is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in the specified phases of the Project, and be it further AUGUST 10, 2011 229

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 notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-282 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PUBLIC DEFENDER’S OFFICE: NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES Mr. Deming 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 contract(s) for the Livingston County Public Defender’s office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Office of 6/1/11 - 5/31/12 $14,888.00 Indigent Legal Services William J. Leahy, Director State Capitol Room 254 Albany, NY 12224 For: Grant funds for purchase of Case Management System Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-283 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PUBLIC DEFENDER’S OFFICE: NEW YORK STATE DEFENDERS ASSOCIATION, INC. Mr. Deming announced that this resolution was not presented at a Ways and Means Committee meeting; however, the Committee has signed the resolution. Mr. Deming 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 contract(s) for the Livingston County Public Defender’s office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Defenders Association, Inc. N/A $14,888.00 194 Washington Avenue, Suite 500 Albany, NY 12210-2314 For: Purchase of Maintenance of Public Defense Case Management System using grant funds from NYS Office of Indigent Legal Services. 230 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-284 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: MONROE COUNTY CRIME LABORATORY Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Monroe County Crime Laboratory 1/1/12 - 12/31/12 $38,560.50 85 West Broad Street Rochester, New York 14614 For: Forensic Services Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-285 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING INTERMUNICIPAL COOPERATION AGREEMENT FOR THE LIVINGSTON COUNTY DEPARTMENT OF PUBLIC WORKS: GLOW REGION SOLID WASTE MANAGEMENT Mr. Deming 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 Intermunicipal Cooperative Agreement for the Livingston County Department of Public Works, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount GLOW Region Solid Waste Management 1/1/12 - 12/31/13 $28,088.00 per year For: Solid Waste Management Services Dated at Geneseo, New York August 10, 2011 Public Services Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-286 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4010 2705 Gifts/Donations $9,338.53 TOTAL $9,338.53 Increase Appropriation A4010 4040 Rent $1,872.00 4060 Office Supplies $47.00 4100 Postage $115.00 4200 Ads $7,304.53 TOTAL $9,338.53 Dated at Geneseo, New York August 10, 2011 AUGUST 10, 2011 231

Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-287 DECLARING SURPLUS PROPERTY – SHERIFF’S DEPARTMENT, DISTRICT ATTORNEY’S OFFICE Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Sheriff’s Department Quantity Item VIN # 1 2007 Chevy Tahoe 1GNFK03087R408890 1 2007 Chevy Tahoe 1GNFK03017R411758 1 2007 Chevy Tahoe 1GNFK03037R410885 1 2008 Chevy Tahoe 1GNFK03088R268390 1 2008 Chevy Tahoe 1GNFK03058R270131 1 2008 Chevy Tahoe 1GNFK030X8R268262 1 2008 Chevy Tahoe 1GNFK03098R269936 1 2007 Ford Crown Vic 2FAHP71W17X154423 1 2007 Ford Crown Vic 2FAHP71WX7X154422 1 K9 Named Tyson N/A District Attorney’s Office Quantity Item VIN # 1 2003 Chevy Impala 2G1WF52E439253436 Dated at Geneseo, New York August 10, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-288 AUTHORIZING CONVEYANCE OF COUNTY PROPERTIES ACQUIRED BY TAX DEEDS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston acquired title to the following parcels of land, and WHEREAS, the Livingston County Board of Supervisors' Ways and Means Committee has approved the sale of said parcels, it is, hereby RESOLVED, that the following conveyances be approved with a net profit of $857,227.59. Tax Map # Formerly Owned /Assessed To Conveyed to Purchaser Village/Town Price

25.-1-20 Temperato, Mark Wronski, Andrew and Whitney T-Avon $97,000.00 7.11-1-5.1 Nelson, Howard E Provo, Keith V&T-Caledonia $4,250.00 7.8-1-46 Ottman, Raymer C Ottman, Raymer V&T-Caledonia $35,000.00 110.-1-3.112 McGowan, Robert & Kathleen Aman, Joseph J. Conesus $135,000.00 129.-1-37.1 McManus, James R J&W Ents Conesus $1,150.00 129.-1-44.1 Worth, Edward Browne-McFadden, Amy Conesus $31,000.00 111.-1-79.1 Chandler, Mary Ann Steiner, Delmer W. Jr. Conesus $5,000.00 119.-1-8.1 McAfee, Sherri Auinger, Adalbert & Patricia Conesus $8,000.00 97.-1-13.113 Price, Donald L & Barbara Carney, Arthur & Barbara T-Leicester $50,000.00 93.-1-26.42 Chabot, Ronald E Aman, Joseph J. T-Livionia $122,000.00 85.-1-19 Stewart, Thomas Jr & Kester, Sharon Provo, Keith T-Livonia $18,000.00 85.-1-18 Reed, James Browne-McFadden, Amy T-Livonia $5,000.00 85.11-1-9.1 Jischke, Craig L & Jacqueline A Maggiulli, Christoper A & Carol A T-Livonia $15,000.00 65.78-1-28 Lynch, Michael J & Margaret Household Finance Realty Corp. of New York T-Livonia $62,000.00 232 REPORT OF THE SUPERVISORS’ PROCEEDINGS

106.10-2-36 Johnson, David M Montemarano, Steven & Rosemary V&T-Mt. Morris $ 600.00 106.18-5-56.2 Dean, Peter Giordano, David K. V&T-Mt. Morris $ 600.00 203.6-2-63 France, Bernard & Gertrude M McEvoy, Patricia V-Dansville, T-North $5,500.00 Dansville 203.11-3-42 Lang, Christopher J Lazaroff, Zeno V-Dansville, T-North $40,500.00 Dansville 203.7-6-19 Vogt, Michael J Fix-Dansville, Inc. V-Dansville, T-North $29,000.00 Dansville 184.9-1-60 Lennox, Lawrence B & Karl Kendall, Johnathan V&T-Nunda $15,000.00 184.14-1-10 Lennox, Lawrence B & Pamela S Timothy, Browen V&T-Nunda $20,000.00 184.14-1-12 Lennox, Lawrence B & Pamela S Timothy, Browen V&T-Nunda $2,900.00 200.-1-24.1 Erb, Richard A Jr & Ann Eldridge Metcalfe, Cindy Jo Ossian $11,000.00

183.-1-31.1 Ortiz, Enrique & Rosanne Delano Kendall, Johnathan Portage $16,000.00 149.-1-43.212 Ellis, James Ellis, Marcia Young,Joan C Carney, Arthur & Barbara Sparta $54,000.00 153.-1-26.11 Thorp, Edwin Joel Stauring Springwater $41,000.00 141.-2-7 Metcalf, Christopher Converse, Robert & Coffey, Evelyn Springwater $5,000.00 152.-1-80.112 Parsons, Mark Steven & Lori Ann Thompson, Thomas Springwater $3,250.00 151.12-1-4.11 Bartlett, Donna Tracy L. Bartlett Springwater $3,400.00 151.-1-42 Lemmon, Lori E & Donald W Shuryn, Peter A. Springwater $26,000.00 151.-1-16.1 Sonne, Christina M John B Walther Springwater $15,000.00 151.20-1-42 Greenough, Judy E LaClair, Donald R. Springwater $900.00 164.-1-27.12 Withington, Barbara J & Weber, Bernard Four-L-Homes Springwater $33,000.00 T 164.-1-27.111 Withington, Barbara J & Weber, Bernard Todisco, Steven & Loni Springwater $6,600.00 T 187.-1-72.2 Gerken, Gary E McCumiskey, Scott M West Sparta $20,000.00 71.5-1-28 Wright, Mary & Argenta, Dennis L Gullo, Donald York $53,000.00 71.5-1-5 Burns, Timothy M & Lynn A Provo, Keith York $45,000.00 and, be it, further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to execute the quit-claim deeds of conveyance and any and all related documents prepared by the County Attorney to complete the aforesaid conveyances. Dated at Geneseo, New York August 10, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

RESOLUTION NO. 2011-289 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: Sheriff’s Department Create one full-time Senior Typist position. Dated at Geneseo, New York August 10, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

CLOSE PUBLIC HEARING Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearing closed.

MOTION TO MOVE LOCAL LAW G – 2011 Mr. Gott moved and Mr. Yendell seconded to move the proposed local law to the table for a vote. Carried.

AUGUST 10, 2011 233

VOTE ON LOCAL LAW LOCAL LAW NO. 8 - 2011 - 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 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 234 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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, 2012, 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 AUGUST 10, 2011 235

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, 2012, 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, 2012. 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 therefore 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% 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 236 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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 the year 2012. 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, AUGUST 10, 2011 237

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 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 therefore 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 therefore on payments due from the applicant. 238 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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. 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 AUGUST 10, 2011 239

have the same remedies to enforce the amount due thereunder as if the County has recovered judgment therefore 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 therefore, 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, transferor 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 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 240 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 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, 2012, and expire on December 31, 2014, 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 July 27, 2011 (Introduced) August 10, 2011 The roll was called as follows: Ayes - 1,603; Noes - 0; Absent – Baldwin, 84; Buckley, 65; Total – 149; Adopted.

OTHER BUSINESS AUGUST 10, 2011 241

1. COMMENTS FROM COUNTY ADMINISTRATOR IAN M. COYLE The County Administrator thanked the Clerk of the Board for being back to work and stated it was good to have her back. He indicated that a correspondence would be sent out to the Board of Supervisors regarding a tour that is being arranged through the Planning Department of the Marcellus Shale Mining Site in Towanda, Pennsylvania on August 25, 2011. If you are interested in attending, please let Planning Director Angela Ellis know as soon as possible.

2. DISCUSSION OF JUDGE COHEN’S LETTER THAT WAS PROVIDED TO SUPERVISORS Vice Chairman Moore questioned how this letter affects the appeal process. The County Attorney stated that the letter refers to the Leschander matter and whether we appeal depends upon the decision that Judge Cohen renders.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, August 24, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:57 p.m.

242 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, AUGUST 24, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE The County Administrator introduced David M. Tunningley, a Vietnam Veteran: Mr. Tunningley was born in Dansville, NY. He graduated from Nunda Central School in 1967 and was drafted into the United States Marine Corps on July 20, 1967. After training at Paris Island, Camp LeJeune and Camp Pendelton, Mr. Tunningley was shipped to Vietnam, where he was wounded and returned to the States. He was Honorably Discharged from the Marines in Brooklyn, NY on June 19,1969. Mr. Tunningley re-enlisted into the U.S. Army on February 13, 1970. After training, he was sent to Germany for three years until his Honorable Discharge on May 5, 1974. For his service to his country, Mr. Tunningley was awarded: the Republic of Vietnam Commendation Medal w/60 Device, Vietnam Service Medal w/4 Bronze Service Stars, Combat Action Ribbon, Combat Infantry Badge, Vietnam Cross of Gallantry, PURPLE HEART, National Defense Service Medal, Good Conduct Medal (2nd Award) and the NYS Conspicuous Service Cross. After his discharge, Mr. Tunningley worked various jobs in Maryland but moved back to New York to be closer to his family. He worked at the Bath VAMC from 1978 to 1986, the U.S. Post Office in 1986 and then with the New York State Department of Correctional Services as a Custodial Maintenance Instructor from 1986 until his retirement in 2009. On March 28, 2008, he married his present wife Karen, has two sons, three step children and six grandchildren. He is a resident of Mt. Morris.

Mr. Davis entered.

DAVID M. TUNNINGLEY, a Vietnam Veteran, led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to David M. Tunningley. The audience presented a standing ovation.

Mr. Tunningley approached the podium and stated “God Bless America”.

APPROVAL OF MINUTES 1. Minutes of 8/10/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Notification from the New York State Office of Parks, Recreation and Historic Preservation that the Caledonia Library was listed on the National Register of Historic Places. 2. Thank you letter from GLOW Region Solid Waste Management Committee Recycling Administrator Peggy Grayson thanking the County for the use of the Livingston County Highway Facility for the GLOW electronics collection that was held on July 6, 2011. 3. The Genesee Transportation Council has submitted the Long-Range Transportation Plan (2035) for the Genesee-Finger Lakes Region. 4. You are invited to a ribbon cutting on Wednesday, August 31, 2011 at 2 PM for the Elizabeth Wende Breast Care, LLC clinic at the new Geneseo office located at 120 Court Street.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-290 APPROVING ABSTRACT OF CLAIMS #8B – AUGUST 24, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: AUGUST 24, 2011 243

RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #8B dated August 24, 2011 in the total amount of $1,891,332.56. Dated at Geneseo, New York August 24, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

PRIVILEGE OF THE FLOOR 1. DIRECTOR OF PUBLIC HEALTH JOAN ELLISON, FINANCIAL MANAGER JAMES PERAINO AND DIRECTOR OF PATIENT SERVICES PRUDENCE KING – CHHA SERVICES Joan Ellison announced a handout entitled “Livingston County Department of Health Certified Home Health Agency Status Report”, which was provided to the Board of Supervisors. She proceeded by making the following remarks: History of the Certified Home Health Agency (CHHA) Historical documents show that Home Care services have been provided in Livingston County since 1924; a mere 87 years ago! These home visits included maternal and child Health and chronic illness, or CHHA services as we currently know them. In 1965, the agency became certified to comply with Medicare rules and regulations, allowing the agency to bill for nursing care. The Department of Health was created in 1969, which at the time included the Nursing and Environmental Health. Nursing services encompassed home care, MCH, clinics, and communicable disease investigations. In the 1980’s, the CHHA grew significantly. Revenues from the CHHA far exceeded the expense of the program; the revenues covered other costs in the Department of Health as well as other County programs. During this time, the nursing staff increased their skillsand services at home became much more complicated and intense with patients being discharged from the hospital earlier, with high-tech equipment, and enhanced skill needs. We now refer to CHHA services as what use to be known as ‘acute care hospital services’. For financial reasons in 1998, services in the Nursing Division were separated into Patient Services (CHHA and Hospice) and Prevent Services (MCH, communicable disease, clinics). This provided an opportunity to reduce expenditures, reduce the cost of the nursing visit, and allowed for greater specialization among the staff. The cost savings related to this decision was paramount to the CHHA, Department and County. You can therefore see, that as with all programs, but especially the CHHA, we have been very assiduous in seeking cost savings and efficiencies. Over the past seven to eight years, due to the negative impact of the Medicare Managed Care Program, analysis of the CHHA (referrals, cost of services, types of service, number of visits, number of unduplicated cases, etc.) has been diligent and taken priority. Efforts to counteract a shift in revenue losses have taken place. At this time, we have outstanding information to share with you. James Peraino reviewed the first page, Financial Summary projected 2011 based on roughly 5 months worth of data, prepared by Jack Venesky & Associates and indicated that in the Full Costing Method (this includes indirect costs not in the agency budget) Patient Revenue is projected to be up $186,000 from 2010 and Patient Expense is projected to be up $128,000. He then reviewed the Direct Costing Method (direct expenses in the agency budget). The focus should be on this method because it shows a more accurate picture of the CHHA operation. Patient Revenues projected up $186,000 and Patient Expense projected up $120,000, projecting a net cost of $165,000, a decrease of $66,000 from 2010. He also stated that under the Direct Costing Method, the 2011 projected County cost per resident was $2.52, and $159.42 per participant in the program. In the Special Analysis Service Cost Method (only expense directly related to providing a service) the projected 2011 Net Revenue Over Expense was $691,000, an increase of $114,000 from 2010. He reviewed the graphs on the bottom of page 1. J. Peraino continued by reviewing page 2 of the Statistical Summary, and reported the CHHA projected Unduplicated Patients (Medicare, Medicaid and Other Payors) increased by 49 from 2010 ( 2011-1,035, 2010-986, 2009-979). The Visits reflected an overall projected increase of 2,649 visits. J. Peraino continued by reviewing page 3, CHHA Visit Comparison for 2010 and 2011, which reflects an overall increase in visits. Prudence King reviewed handouts from Council of State Home Care Associations reflecting comparison data for outcomes for Local value, Market average, State average, and National average. Outcome statistics was collected by CMS and Market data was from Healthcarefirst. She indicated that the Outcomes Dashboard for January 2010 through June 2010 showed our overall gauge was at 88%, 7 were above Market average and 1 was below. Outcomes Dashboard for April 2010 through March 2011 our gauge was 95%, 19 were above Market and 1 was below (13 244 REPORT OF THE SUPERVISORS’ PROCEEDINGS

outcomes were added). The Percentiles Dashboard for January 2010 through June 2010 showed the County CHHA at 89% of the State percentile gauge, with all percentiles weighted equally and at 77% of the National guage percentile. The Percentiles Dashboard data for April 2010 through March 2011 reflect our CHHA at 99% of the State percentile and at 93% of the National percentile, reflecting we are in the top 20% of providers! Joan Ellison explained the department consulted with Jack Venesky, Auditor and preparer of the CHHA and Hospice Medicare and Medicaid Cost Reports, which resulted in the following recommendations: Previous recommendations (2009 and 2010) 1. Provide an opportunity for the current Director of Patient Services to turn the program around by increasing the referrals and revenues. Accomplished 2. Continue to be diligent in monitoring expenses and revenues. (Two RN positions were eliminated from the 2010 budget.) Accomplished 3. There is information that the Medicare Managed Care programs may not continue in its current form; if this is the case, referrals and subsequently revenues could increase. Still watching; it is unclear how the national health insurance will affect home care services. New Recommendations (2011) 1. Evaluate the cost of county employed full and part-time versus contracted home health aides. Completed 2. Increase marketing to providers and enhance discharge planning at hospitals. (This has occurred throughout the year; the outreach has increased referrals.) 3. Assign home health aides to a geographic area to reduce cost related to travel. (Completed) 4. Evaluate coding of visits and time associated with visits to reduce non-visit time. (This is currently being discussed with staff.) 5. Evaluate the job description for the home health aide coordinator. (This has been done and a proposal for changes, which will be a cost savings, is being developed.) Joan Ellison concluded by saying: As with all programs, but specifically for CHHA with a very watchful eye, the expenses and revenues have been monitored. There is a deep understanding of the fiscal impact of the CHHA on the County and acknowledgment of the responsibilities to be prudent. We have been and will continue to do so. Joan Ellison stated that Prudence King, Director of Patient Services, has done a great job!

RESOLUTIONS RESOLUTION NO. 2011-291 AWARDING BID FOR THE COUNTY HIGHWAY DEPARTMENT – CONSTRUCTION CONTRACT, FEDERAL/STATE-AID PAVEMENT REHABILITATION PROJECT, NYSDOT PIN 4754.67, MAPLE BEACH ROAD (CR-45), TOWN OF GROVELAND – DOLOMITE PRODUCTS COMPANY, INC., dba A. L. BLADES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a construction contract for Federal/State-Aid Pavement Rehabilitation Project, NYSDOT PIN 475467, Maple Beach Road (CR-45), Town of Groveland, six (6) bids were received and opened on August 9, 2011, and WHEREAS, the funding breakdown for this project is Federal: 80%; NYS Marchiselli: 15%; Livingston County: 5%, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Dolomite Products Do., Inc., dba A. L. Blades $386,708.00 7610 County Route 65 Hornell, New York 14843 For: Construction Contract for Federal/State-Aid Pavement Rehabilitation Project, Maple Beach Road (CR-45), Town of Groveland. Not to exceed the amount shown And, be it further RESOLVED, that the contract amount is subject to NYSDOT-Approved fuel and asphalt escalation and de- escalation provisions. AUGUST 24, 2011 245

Dated at Geneseo, New York August 24, 2011 Public Services Committee Mr. Deming announced that this resolution was not presented at a Public Services Committee meeting; however, the Committee has signed the resolution. The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

RESOLUTION NO. 2011-292 AUTHORIZING TRANSFER OF FUNDS – HIGHWAY, OFFICE FOR THE AGING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York August 24, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

RESOLUTION NO. 2011-293 AMENDING 2011 LIVINGSTON COUNTY BUDGET – OFFICE FOR THE AGING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Office for the Aging budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A6784 4772 Federal Funds $6,000.00 TOTAL $6,000.00 Increase Appropriation A6784 1000 Personal Services $2,965.22 4060 Office Supplies $995.44 4075 Data Processing $557.00 4200 Advertising $1,255.50 8100 FICA $226.84 TOTAL $6,000.00 Dated at Geneseo, New York August 24, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

RESOLUTION NO. 2011-294 DECLARING SURPLUS PROPERTY – DISTRICT ATTORNEY’S OFFICE Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: District Attorney Quantity Item VIN # 1 1998 Lincoln Continental 1LNFM97V1WY624934 1 1994 Honda Accord 1HGCD563RA161925 Dated at Geneseo, New York August 24, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted. 246 REPORT OF THE SUPERVISORS’ PROCEEDINGS

OTHER BUSINESS 1. COUNTY ADMINISTRATOR UPDATE - IAN M. COYLE The County Administrator announced that a Press Release would be distributed to the Board entitled “Conesus Lake Watershed Council and partners To Receive Planning Excellence Award for the Conesus Lake Watershed Management Plan” (on file). The County Administrator expressed kudos to the County Highway Department and its partners for the work done on Stagecoach Road over the last two seasons. He announced he has had four complaints regarding the project and was contacted by Channel 8 and 10 regarding this project. The County Administrator informed the television reporters that there isn’t a story here and he believes there would be a lot of positive commentary from residents who would say otherwise. He wanted the Board to know about these complaints but he is confident about the work the County Highway Department is doing.

2. REMINDER TO COMPLETE FEMA PAPERWORK Chairman Merrick reminded the Supervisors to complete the FEMA paperwork for the storm damage that occurred in the Spring of 2011. He indicated there is money available and if you don’t apply, you will not get reimbursement.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, September 14, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:58 p.m. SEPTEMBER 14, 2011 247

REGULAR BOARD MEETING WEDNESDAY, SEPTEMBER 14, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Pangrazio (Caledonia).

PLEDGE OF ALLEGIANCE Vice Chairman/Leicester Supervisor Gary D. Moore led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 8/24/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Decision and Order signed by Judge Dennis S. Cohen regarding the Matter of Foreclosure of Tax Liens. 2. Letter from Assemblyman Sean T. Hanna thanking the Board of Supervisors for providing him office space in the Livingston County Government Center. 3. Notification from Rochester-Genesee Regional Transportation Authority that William Carpenter of Penfield, NY will replace Mark Aesch, who retired, as Chief Executive Officer effective October 1, 2011. 4. Notification that the New York State Department of Environmental Conservation has prepared a revised draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program and the proposed action is the Department’s issuance of permits for horizontal drilling and high- volume hydraulic fracturing in the Marcellus Shale and other low-permeability natural gas reservoirs. 5. You are invited to join the Livingston County Chamber of Commerce and Webster Properties for a grand opening celebration of The Lodge at Springwater, Monday, September 26, 2011, 4:00 PM to 7:00 PM, 7636 Limekiln Road, Springwater, New York.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-295 APPROVING ABSTRACT OF CLAIMS #9A – SEPTEMBER 14, 2011 Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #9A dated September 14, 2011 in the total amount of $1,847,455.51. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

PRIVILEGE OF THE FLOOR 1. ANNA KOWALCHUK, MUSEUM ADMINISTRATOR FOR LIVINGSTON COUNTY HISTORICAL SOCIETY – UPDATE Mr. Deming requested Privilege of the Floor for Anna Kowalchuk. Anna Kowalchuk stated she is the Museum Administrator for the Livingston County Historical Society and she indicated she is going to discuss the Historical Society’s Strategic Plan, their Accomplishments and Goals. She reviewed the Mission Statement. She indicated the transformation began with strategic planning. She thanked the Board of Supervisors and Chairman Merrick for allowing her to speak, those that came from 1876 to the present who have been keeping this institution alive, the members and donors of the Historical Society, and for the support they receive from the County. A. Kowalchuk stated in the strategic plan they have focused on seven areas: People, Money, Collections And Exhibits, Building, Communication, Programming And Membership/Audience. She indicated they have created plans for each of these categories. She introduced Jenna Fabrizio one of the AmeriCorps students who is back for the second year and Kala DeStefano, an intern. She stated the volunteer base has increased. The Society used to have about three Docens and now they have approximately 20. A. Kowalchuk explained they have had consultants providing input on the buildings, collections and exhibits. She indicated the Board has been active. The Historical Society continues to apply for grants for the building, exhibits 248 REPORT OF THE SUPERVISORS’ PROCEEDINGS

and collections. She reported they just received $7,500 this week for the Wadsworth Coach. They now have a Financial Consultant as Treasurer who is involved in fundraising and they have also hired a Museum Consultant and Designer specifically to enhance the exhibits. She indicated she wants all 17 towns to be represented in the exhibits. She indicated they are doing an inventory and getting a very good handle on what they have. She reported that the Wadsworth Coach will be parading from the Museum to the Big Tree Inn this Saturday. The Big Tree Inn is celebrating their 125th anniversary. She indicated they have instituted environmental monitoring and the data collection process to determine what their needs are. They continue to do improvements to the building and have hired a consultant to provide insight on storage room planning. A. Kowalchuk stated she has increased communications through social media and newsletters, and has created Friends of Livingston County that meets with all the Historical Societies in the County. Tourism Director Lisa Burns has agreed to put all the Historical Societies in the tourism guide. She reviewed the programming that the Historical Society provides such as working with other museums, the croquet tournament, a holiday reception, etc. She stated they continue to expand their membership and audience with SUNY Geneseo History Department and the Finger Lakes Museum. She reviewed the 2012 Goals including repairing the roof, continuing storage room planning, permanent exhibit, inventorying, continue with membership, and programming. Anna asked if anyone had any questions. Chairman Merrick thanked her for her presentation.

2. TERRENCE O’NEILL, COMMUNICATIONS SPECIALIST, PROACT, INC. - UPDATE Mr. Yendell asked for Privilege of the Floor for Terrence O’Neill. Terrence O’Neill introduced himself. He reported that Pro-Act administers the Livingston County prescription discount program. He stated along with Livingston County, Pro-Act administers programs in 46 other counties across the State. He indicated he is here today to give a brief update of how the discount program is doing statewide and how it is doing in Livingston County. August brought a significant milestone to the discount card program. In just under six years, they surpassed $60 million in total savings and they filled over 2.2 million prescriptions. Based on the 2011 projections, the prescriptions filled will increase by 33% and the total cash savings is going to increase by 51% compared to 2010. He reported this is extremely significant because it does represent $60 million dollars that is going back into the local economies of the counties that endorse the discount program. He added it is also quite significant because it does represent that the discount card is doing what it is exactly intended to do and that is saving resident’s money on their prescription drugs. Looking closely at Livingston County, the program began in February 2011, so it is still quite a young program. Pro-Act has filled over 3,000 prescriptions and saved residents over $115,000 and currently the average savings per prescription is around 50%. He indicated it is quite evident that the program is doing quite well. He added Pro-Act likes to gage success of the program and compare it to a county of similar size and similar implementation date. Pro- Act chose to compare Livingston County with Sullivan County. Sullivan County implemented the program in February 2011 as well. They have filled over 2,000 prescriptions and they have saved over $105,000. Both counties have done well and Pro-Act expects good things in the future. T. O’Neill stated that Pro-Act believes there are many others that could benefit from the discount card program, which is why in the upcoming months they will be implementing the utilization program and adding awareness of the discount card by working closely with County officials, providing newsletters and press releases to increase this awareness. T. O’Neill thanked the Board for taking the time to listen and extended a special thanks to everyone in the room. He opened the floor for questions. Chairman Merrick stated he has talked to quite a few people that do not have the card and he asked whether Pro-Act is working to make the cards available. T. O’Neill stated Pro-Act has a discount card website and also they are going to be providing cards to the pharmacies in the area. Chairman Merrick thanked Terrence O’Neill for his presentation.

COMMITTEE OF THE WHOLE Mr. Martello moved and Mr. Yendell seconded to present the following resolution. Carried. Chairman Merrick asked the County Administrator to comment. The County Administrator stated we had received a request from the Lima VFW to consider a resolution in support of their nomination of Sheriff John M. York to receive the Law Enforcement Award by the New York State Veterans of Foreign Wars. He indicated this resolution is in support of that nomination. Chairman Merrick asked the Clerk of the Board to read the following resolution: SEPTEMBER 14, 2011 249

RESOLUTION NO. 2011-296 SUPPORTING NOMINATION OF SHERIFF JOHN M. YORK TO RECEIVE THE LAW ENFORCEMENT AWARD BY THE NEW YORK STATE VETERANS OF FOREIGN WARS WHEREAS, John M. York joined the Livingston County Sheriff’s Department in 1969, where he served as a dispatcher, Corrections Officer and Deputy Sheriff Road Patrol; and WHEREAS, in 1974, John M. York was assigned to the Criminal Investigation Division as an Investigator with the rank of Sergeant and in 1983, his hard work, diligence and experience were recognized with his appointment to Major of the Criminal Investigation Division; and WHEREAS, throughout his tenure he has devoted time to continue his professional educational development by attending various Criminal Justice courses and in-service training; and WHEREAS, in 1989, John M. York was elected Sheriff by the residents of Livingston County and he currently manages the Livingston County Sheriff’s Office with a total of 181 employees and an annual budget exceeding $13 million dollars; and WHEREAS, under Sheriff York's administration and leadership, the Office of Sheriff has undergone dramatic changes—the Agency has increased significantly in size, has innovated proactive and widely emulated programs such as a highly successful Alternatives To Incarceration Program that has realized savings to taxpayers of nearly $10,000,000; and WHEREAS, the Livingston County Sheriff’s Office has been recognized for the development and maintenance of high professional standards by being the only accredited agency in the State of New York for Police, Corrections, Court Security, E-911 Center and Civil divisions by the New York State Law Enforcement Accreditation Program and the New York State Sheriff s Association; and WHEREAS, Sheriff John M. York has met increasing demands by the public for efficient police and corrections services by securing several million dollars of grant funding and implementing some of the most recent public safety technologies available; and WHEREAS, the Livingston County Sheriff s Office has one of the finest and state-of-the art Enhanced 911 Centers in the State of New York and has integrated a computerized field reporting and dispatch system into the Road Patrol and Records Divisions; and WHEREAS, Sheriff John M. York was instrumental in overseeing the construction of the new state-of-the art County Jail; and WHEREAS, Sheriff John M. York has served as Past President of the New York State Sheriffs’ Association and Chairman of the Executive Committee of the New York State Sheriffs’ Association and is a member of the National Sheriffs’ Association and International Narcotics Enforcement Officers’ Association; is Coordinator of Sheriffs’ Traffic Operation Program (STOP) of Livingston County and serves as Vice-Chairman of Crime Prevention/Private Security for the National Sheriffs’ Association and Vice-Chairman of the Public Safety Committee for the New York State Association of Counties; and WHEREAS, over the years he has gained a close working relationship with all county and local courts, the District Attorney’s Office and all surrounding Federal, State and local law enforcement agencies and is personally responsible for solving many major crimes involving homicide, robbery, narcotics, sex crimes and arson; and WHEREAS, throughout his 42 years of service to Livingston County, Sheriff John M. York has had many outstanding accomplishments, it is hereby RESOLVED, that the Livingston County Board of Supervisors recognizes Sheriff John M. York for his outstanding and dedicated service to the citizens of Livingston County and proudly supports the nomination of Sheriff John M. York to receive the Law Enforcement Award by the New York State Veterans of Foreign Wars. Dated at Geneseo, New York September 14, 2011 Committee of the Whole The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted. Chairman Merrick stated the Board is very pleased to support that nomination and asked Sheriff York to come forward to accept a copy of the resolution and make a comment. Sheriff John M. York stated he would be honored to accept this nomination but he accepted the nomination on behalf of the 59,000 men and women who lost their lives in Vietnam. He said he was one of the lucky ones to come back, and one of the lucky ones to be a member of the Sheriff’s Office, and one of the lucky ones to be a citizen of this 250 REPORT OF THE SUPERVISORS’ PROCEEDINGS

County. He stated he could never do any of this by myself. He stated it is a team effort from this Board, the law enforcement community, the other departments that support the Sheriff’s Department continuously, the District Attorney, and most importantly the men and women that serve this agency. He stated he is just a small part of that. He indicated he is very honored to be recognized by the Lima VFW and very honored to be recognized by this community, but more importantly, honored to be a part of this community and agency. The audience provided a standing ovation.

PREFERRED AGENDA RESOLUTION NO. 2011-297 REMEMBERING THE 10TH ANNIVERSARY OF SEPTEMBER 11, 2001 WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and WHEREAS, at 9:37 a.m., the West wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and in doing so, gave their lives to save countless others; and WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and WHEREAS, tens of thousands of individuals narrowly escaped the attacks of September 11, 2001; and WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers responded immediately and heroically to those horrific events; and WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response in United States history; and WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents, and tens of thousands of others whose health is being monitored; and WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fatal day; and WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harms way defending the United States against those who seek to threaten the United States; and WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all the victims of the events of September 11, 2001, when events threatened the American way of life; and WHEREAS, in 2009 Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111-13; 123 Stat. 1460); and WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (Fed. Reg. 56463) proclaiming September 11, 2009 and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States; now, therefore be it RESOLVED that the Board of Supervisors of Livingston County: (1) recognizes September 11, as a day of solemn commemoration of events of the September 11, 2001, and a day to come together as a Nation; and (2) offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001 terrorist attacks; and (3) honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and SEPTEMBER 14, 2011 251

(4) recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well-being, to support the cause of freedom and defend the security of the United States; and (5) reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States. Dated at Geneseo, New York September 14, 2011 Human Services Committee

RESOLUTION NO. 2011-298 PROCLAIMING SEPTEMBER 19-23, 2011 AS SENIOR CORPS WEEK WHEREAS, older Americans bring a lifetime of skills and experience as parents, workers, and citizens that can be tapped to meet challenges in our communities; and WHEREAS, for more than four decades Senior Corps, and its three programs – RSVP, Senior Companions, and Foster Grandparents – have proven to be a highly effective way to engage Americans ages 55 and over in meeting national and community needs; and WHEREAS, each year Senior Corps provides opportunities for nearly 450,000 older Americans across the nation, including approximately 70 volunteers in Livingston County and surrounding region, to serve their communities; and WHEREAS, Senior Corps volunteers last year provided more than 98 million hours of service worth more than $2 billion, helping to improve the lives of our most vulnerable citizens, strengthen our educational system; protect our environment, provide independent living services, and contribute to our public safety, and; WHEREAS, Senior Corps volunteers build capacity of organizations and communities by serving through more than 65,000 nonprofit, community, educational, and faith-based community groups nationwide; and WHEREAS, at a time of mounting social needs and growing interest in service by older Americans, there is an unprecedented opportunity to harness the talents of Senior Corp volunteers to address community challenges; and WHEREAS, service by older Americans helps volunteers by keeping them active, healthy, and engaged; helps our communities by solving local problems, and helps our nation by saving taxpayer dollars, reducing healthcare costs, and strengthening our democracy; and WHEREAS, the second annual Senior Corps Week, taking place September 19-23, 2011, is an opportunity to thank Senior Corps volunteers for their service and recognize their positive impact and value to our communities and nation; now therefore, be it RESOLVED, that the Livingston County Board of Supervisors, hereby designates September 19-23, 2011 as Senior Corps Week and urges citizens to recognize Senior Corps volunteers and programs for their valuable impact on our communities. Dated at Geneseo, New York September 14, 2011 Human Services Committee

RESOLUTION NO. 2011-299 APPOINTING MEMBER TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD CHEMICAL DEPENDENCY SUBCOMMITTEE: LIZ LANEY RESOLVED, that the following member is hereby appointed to the Livingston County Community Services Board Chemical Dependency Subcommittee for the term designated: Name Address Rep./Title Term Livingston County Community Services Board Chemical Dependency Subcommittee Liz Laney 43 Grove Street Mt. Morris, NY 14510 Probation 9/1/11-12/31/14 Dated at Geneseo, New York September 14, 2011 Human Services Committee

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RESOLUTION NO. 2011-300 PROCLAIMING THE FOURTH MONDAY OF EVERY SEPTEMBER AS FAMILY DAY WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of children in Livingston County; and WHEREAS, the Council on Alcohol and Substance Abuse of Livingston County and the Healthy Communities that Care Coalition have worked together for 9 years to implement strategies to reduce alcohol and substance abuse in Livingston County youth; and WHEREAS, 16 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, parents who are engaged in their children’s lives – through such activities as frequent family dinners – are less likely to have children who abuse substances; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors, as a reminder to parents of the importance of being actively involved in their children’s lives, proclaims the fourth Monday of every September as Family Day and urge all citizens to recognize and participate in its observance. Dated at Geneseo, New York September 14, 2011 Human Services Committee

RESOLUTION NO. 2011-301 APPOINTING MEMBER TO THE LIVINGSTON COUNTY TRAFFIC SAFETY BOARD – PAMELA SINCLAIR RESOLVED, that the following member is hereby appointed to the Livingston County Traffic Safety Board for the term designated: Name Address Rep./Title Term Livingston County Traffic Safety Board Pamela Sinclair 2926 West Main St., Caledonia NY 14437 Caledonia Rep 9/14/11-12/31/11 Replacing Todd Bickford Dated at Geneseo, New York September 14, 2011 Public Services 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-302 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION: G-L-S-W EDUCATIONAL PARTNERSHIP Mr. Yendell 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 contract(s) for the Livingston County Center for Nursing and Rehabilitation, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount G-L-S-W Educational Partnership 10/1/11 - 10/31/14 N/A 80 Munson Street LeRoy, New York 14482 For: LPN Clinical Experience Dated at Geneseo, New York SEPTEMBER 14, 2011 253

September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-303 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF MENTAL HEALTH: HILLSIDE FAMILY OF AGENCIES Mr. Yendell 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 contract(s) for the Livingston County Department of Mental Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Hillside Family of Agencies 1/1/11 - 12/31/11 variable For: Customized Services for high needs children and adolescents Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-304 AMENDING RESOLUTION NO. 2011-039 AND AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF MENTAL HEALTH: ABVI GOODWILL, ARBOR DEVELOPMENT, COMPEER, MENTAL HEALTH ASSOCIATION Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, these contracts were originally reduced by 10% in the 2011 budget, however, due to monies remaining from the closure of another program, funding has been restored; now, therefore, be it RESOLVED, the Chairman of the Board of the Livingston County Board of Supervisors is hereby authorized to amend and sign the following contract(s) for the Livingston County Department of Mental Health, according to the term(s) designated, subject to review by the County Attorney and the County Administrator: Contractor Term Amount ABVI Goodwill 1/1/11 - 12/31/11 $15,415.00 3136 Winton Road South, Suite #304 Rochester, New York 14623 Arbor Development 1/1/11 - 12/31/11 $63,933.00 PO Box 14810 Bath, New York 14810 COMPEER 1/1/11 - 12/31/11 $50,095.00 400 Andrews street, Suite 340 Rochester, New York 14604 Mental Health Association 1/1/11 - 12/31/11 $41,280.00 320 North Goodman Street Rochester, New York 14607 Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-305 AMENDING RESOLUTION NO. 2011-124 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF MENTAL HEALTH: THE ARC OF LIVINGSTON/WYOMING COUNTY Mr. Yendell presented the following resolution and moved its adoption: 254 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, Res. No. 2011-124 should have amended Res. No. 2011-039 due to an incorrect contract amount; now, therefore, be it RESOLVED, the Chairman of the Board of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Department of Mental Health, according to the term(s) designated, subject to review by the County Attorney and the County Administrator: Contractor Name Term Amount The ARC of Livingston/Wyoming County 1/11/11 - 12/31/11 $20,000.00 18 Main Street Mt. Morris, New York, 14607 And, be it further RESOLVED, that the contract approval on Res. No. 2011-039 for this provider is hereby rescinded. Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

RESOLUTION NO. 2011-306 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: NEW YORK STATE DEPARTMENT OF HEALTH, FIDELIS CARE NEW YORK, SUNY GENESEO Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Department of Health 10/1/11 - 9/30/12 $570,760.00 Division of Nutrition/BSFP/RPOU Riverview Center 150 Broadway-FL 6West Albany, NY 12204-2719 For: Women, Infants, and Children (WIC) New York State Department of Health 10/1/11 – 3/31/12 $15,568.00 Community for Environmental Health and Food Protection Flanigan Square, 547 River St. Troy, NY 12180-2216 For: Adolescent Tobacco Use Prevent Act (ATUPA) New York State Department of Health 7/1/11 - 6/30/13 $261,000.00 Div. Chronic Disease & Injury Prevention ESP, Corning Tower, Room 515 Albany, NY 12237-0675 For: Tobacco Control Community Partnership Program Fidelis Care New York 9/1/11 - 8/31/12 5010 Campuswood Drive East Syracuse, NY 13057 For: Nursing Assessments for Personal Care Aide State University of New York 8/31/11 - 5/10/12 $2,207.58 SEPTEMBER 14, 2011 255

on Behalf of SUNY Geneseo Erwin 208, 1 College Circle Geneseo, NY 14454 For: Reproductive Health Center Clinic Space at Waterdale Health Center Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-307 ESTABLISHING THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH IMMUNIZATION VACCINE RATES EFFECTIVE SEPTEMBER 1, 2011 Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, the rates for select vaccines have increased and new vaccines have been added and, WHEREAS, the fees for vaccines are based on the actual cost of the vaccine, now, therefore, be it RESOLVED, that the following schedule of charges for the Livingston County Center for Preventive Services Immunization Program be effective September 1, 2011: Vaccine Billing 10/1/08 09/1/09 09/1/10 09/01/11 Hep A One Dose $22.00 $30.00 $65.00 $48.00 MMR One Dose $55.00 $55.00 $52.00 $75.00 Varicella One Dose $1.00 $85.00 $85.00 $107.00 Zostavax One Dose $194.00 $160.00 $165.00 $188.00 Menactra One Dose $94.00 $105.00 $105.00 $128.00 HPV One Dose $147.00 $110.00 $133.00 $156.00 PPD One Dose $4.00 $10.00 $7.00 $30.00 Influenza One Dose $33.00 $35.00 $35.00 $37.00 Pneumococcal One Dose $52.00 $60.00 $65.00 $80.00 Rabies One Dose $180.00 $180.00 $203.00 Tdap One Dose $35.00 $ 54.00 Tetanus One Dose $20.00 $48.00 Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-308 AUTHORIZING THE COMMISSIONER OF SOCIAL SERVICES TO SIGN A CONTRACT WITH THE FOLLOWING: LIVINGSTON COUNTY OFFICE FOR THE AGING Mr. Yendell presented the following resolution and moved its adoption: RESOLVED, that the Commissioner of Social Services is hereby authorized to sign the following contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Office for the Aging 10/1/11 - 9/30/12 $30,000.00 8 Murray Hill Drive Mt. Morris NY 14510 For: Home Energy Assistance Program for the Elderly (HEAP) Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-309 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON 256 REPORT OF THE SUPERVISORS’ PROCEEDINGS

COUNTY OFFICE FOR THE AGING: ABVI/GOODWILL, TENDER LOVING CARE, COMFORT KEEPERS Mr. Yendell 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 contract(s) for the Livingston County Office for the Aging, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount ABVI/Goodwill 10/1/11 – 9/30/12 $5,000.00 422 Clinton Ave. Rochester, NY For: Funding the NY Connects Call Center Tender Loving Care 10/1/11 – 3/31/12 $10,000.00 119 Washington Avenue Batavia, New York 14020 For: Housekeeping Chore Services Comfort Keepers 10/1/11 – 3/31/12 $10,000.00 111 Marsh Road Pittsford, New York 14534 For: Housekeeping Chore Services Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-310 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING COMMUNITY SERVICES BLOCK GRANT CONTRACT AND AMENDMENTS FOR THE LIVINGSTON COUNTY WORKFORCE DEVELOPMENT/YOUTH BUREAU: NEW YORK STATE DEPARTMENT OF STATE Mr. Yendell 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 CSBG contract and amendments for the Livingston County Workforce Development/Youth Bureau, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Department of State 10/1/11 - 9/30/12 $218,102.00 One Commerce Plaza Plus Carry over TBD 99 Washington Ave. Albany, N Y 12231 For: Community Services Block Grant funding to provide services for low-income county residents. Dated at Geneseo, New York September 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-311 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY BOARD OF ELECTIONS: NTS DATA SERVICES, LLC Mr. Deming 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 contract(s) for the Livingston County Board of Elections, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NTS Data Services, LLC 12/1/11 – 12/31/12 $7,000.00 SEPTEMBER 14, 2011 257

1342 Military Road Niagara Falls NY 14304 For: The “Asset Tracking and Management” software will be used to track and manage voting machines and other equipment purchased. Dated at Geneseo, New York September 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-312 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT SERVICES: NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES Mr. Deming 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 contract extension for contract C837280 for the Livingston County Department of Emergency Management Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Division of 9/1/08 – 2/28/12 $121,500.00 Homeland Security and Emergency Services For: Extension of contract to receive equipment, inventory, and voucher New York State DHSES for repayment Dated at Geneseo, New York September 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-313 AUTHORIZING THE IMPLEMENTATION AND MASTER AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, AND ROW INCIDENTALS PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 475466), AND APPROPRIATING FUNDS THEREFORE: REPLACEMENT OF OLD STATE ROAD BRIDGE OVER KESHEQUA CREEK, TOWN OF NUNDA (BIN 3316700) Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Replacement of Old State Road Bridge over Keshequa Creek, Town of Nunda, in Livingston County (NYSDOT PIN 475466) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Preliminary Engineering, Design, and ROW Incidentals phases; now, therefore be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of Preliminary Engineering, Design, and ROW Incidentals phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Two Hundred and Twenty-Five Thousand Dollars ($225,000) [(of which the Federal share is $180,000; the NYS Marchiselli share is $33,000 and the County share is $12,000] is hereby appropriated from the Board of Supervi sors and made available to cover the cost of participation in the specified phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount 258 REPORT OF THE SUPERVISORS’ PROCEEDINGS

immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Contractor Term Amount NYS Dept. of Transportation 9/14/11 – 1/27/12 $225,000.00 50 Wolf Road Albany, NY 12232 For: State/Local Agreement, Federal/State-Aid Bridge Replacement Project, Old State Road over Keshequa Creek, Town of Nunda, PIN 475466 Dated at Geneseo, New York September 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-314 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT EXTENSION FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: SUNY RESEARCH FOUNDATION Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the Livingston County Board of Supervisors approved Resolution 2011-218 authorizing a contract with the SUNY Research Foundation for the SUNY Geneseo Research Program for study of selected limnological parameters and algal biomass in Conesus Lake for a contract term starting June 9, 2011, and ending August 1, 2011, for an amount not to exceed $1,429.00; and WHEREAS, the SUNY Research Foundation needs additional time to complete the SUNY Geneseo Research Program, at no additional cost; now, therefore, be it RESOLVED, that the contract completion date with the SUNY Research Foundation for the SUNY Geneseo Research Program for study of selected limnological parameters and algal biomass in Conesus Lake be extended to December 31, 2011, for no additional compensation. Dated at Geneseo, New York September 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-315 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: NYS DIVISION OF CRIMINAL JUSTICE SERVICES (2) Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division of Criminal Justice Services 1/1/11 – 12/31/11 $10,595.00 4 Tower Place Albany, New York 12203 For: Alternative to Incarceration Work Release Program (grant) NYS Division of Criminal Justice Services 10/1/11 – 9/30/12 $30,000.00 SEPTEMBER 14, 2011 259

Byrne Justice Assistance Grant Program 4 Tower Place Albany, New York 12203 For: Video Teleconferencing stations in Jail. Dated at Geneseo, New York September 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-316 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH, EMERGENCY MANAGEMENT SERVICES, HIGHWAY Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-317 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4010 2770 Other/Unclassified $1,000.00 Increase Appropriation A4010 4025 Conf’s/Seminars $1,000.00 Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-318 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2680 Insurance Recovery $3,407.75 Increase Appropriation DM5130 4122 Parts & Supplies $3,407.75 Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-319 AUTHORIZING PROFESSIONAL SERVICES CONTRACTS FOR THE COUNTY OF LIVINGSTON FOR DEFERRED COMPENSATION ADMINISTRATIVE SERVICES - THE HARTFORD AND FOR DEFERRED COMPENSATION TRUSTEE SERVICES – RELIANCE TRUST COMPANY Mr. Gott presented the following resolution and moved its adoption: WHEREAS, the County of Livingston solicited a Request for Proposal for Deferred Compensation Administrative Services for the County of Livingston, and four proposals were received and interviews were conducted by a Deferred Compensation Committee composed of County Officials and representatives of its bargaining units with applicants, now, therefore, be it 260 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contracts, which are determined to be the most qualified to provide said services, subject to review by the County Attorney and County Administrator: Contractor Term Amount The Hartford Five years from execution of contract N/A 200 Hopmeadow Street Simsbury, CT 06089 For: Plan administration of the County’s Deferred Compensation plans. Reliance Trust Company 1100 Abernathy Road 500 Northpark Atlanta, GA 30328-5646 For: Deferred Compensation Trustee Services. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-320 ACCEPTING THE REPORT OF COMMITTEE ON WORKERS’ COMPENSATION INSURANCE ESTIMATE AND APPORTIONMENT OF COUNTY SELF- INSURANCE FOR THE YEAR 2012 Mr. Gott presented the following resolution and moved its adoption: WHEREAS, the Ways and Means Committee has submitted the annual estimate and apportionment of expenses for the Livingston County Self-Insurance Plan for the fiscal year beginning January 1, 2012, and ending December 31, 2012, pursuant to Section 67 Paragraph 1 of the Workers’ Compensation Law. LIVINGSTON COUNTY SELF INSURANCE PLAN ANNUAL ESTIMATE AND APPORTIONMENT OF EXPENSES JANUARY 1, 2012 AWARDS: $1,700,000.00 MEDICAL: $875,000.00 CLAIM EXP: $40,000.00 REHAB SVCS: $40,000.00 SUBTOTAL $2,655,000.00

ADMINISTRATIVE COSTS: Administration (USA-TPA) $85,000.00 Legal Fees $30,000.00 W.C. Board Assessments $425,000.00 Insurance $126,000.00 Office Supplies $1,000.00 Public Goods Pool $25,000.00 SUBTOTAL $692,000.00

CONTRIBUTION TO RESERVE FUND SUBTOTAL 0

TOTAL $3,347,000.00

LESS: RECOVERIES $425,000.00 LESS: INTEREST INCOME $10,000.00 LESS: INTERFUND REVENUES $1,800,000.00 LESS $2,235,000.00 AMOUNT TO BE RAISED BY TAX $1,112,000.00

SEPTEMBER 14, 2011 261

APPORTIONMENT OF WORKERS' COMPENSATION INSURANCE FOR THE YEAR 2012

ASSESSED % OF 2011 2012 VALUES FULL TOTAL SHARE OF SHARE OF PARTICIPANTS RATIO 2010 VALUES COST PARTICIPANT PARTICIPANT TOWNS Avon 100.00% $412,314,206 $412,314,206 5.07% $53,815 $56,378 Caledonia 100.00% $255,018,857 $255,018,857 3.14% $32,817 $34,917 Conesus 100.00% $189,993,183 $189,993,183 2.34% $24,270 $26,021 Geneseo 100.00% $534,418,552 $534,418,552 6.57% $68,588 $73,058 Groveland 100.00% $149,914,344 $149,914,344 1.84% $17,622 $20,461 Leicester 100.00% $125,437,149 $125,437,149 1.54% $16,355 $17,125 Lima 100.00% $255,680,319 $255,680,319 3.14% $33,766 $34,917 Livonia 100.00% $550,953,525 $550,953,525 6.77% $70,804 $75,282 Mt. Morris 100.00% $174,423,959 $174,423,959 2.14% $22,898 $23,797 North Dansville 100.00% $218,135,300 $218,135,300 2.68% $28,807 $29,802 Nunda 100.00% $129,954,892 $129,954,892 1.60% $17,094 $17,792 Ossian 100.00% $50,554,463 $50,554,463 0.62% $6,648 $6,894 Portage 100.00% $43,210,787 $43,210,787 0.53% $5,276 $5,894 Sparta 100.00% $85,112,263 $85,112,263 1.05% $10,657 $11,676 Springwater 100.00% $116,286,896 $116,286,896 1.43% $15,089 $15,902 West Sparta 100.00% $71,189,466 $71,189,466 0.88% $8,864 $9,786 York 100.00% $212,310,083 $212,310,083 2.61% $27,752 $29,023 TOTALS $3,574,908,244 $3,574,908,244 43.95% $461,122 $488,724

COUNTY

Livingston County $3,574,908,244 $3,574,908,244 43.95% $461,122 $488,724

VILLAGES

Avon 100.00% $170,012,315 $170,012,315 2.09% $23,003 $23,241 Caledonia 100.00% $102,875,119 $102,875,119 1.26% $13,823 $14,011 Dansville 100.00% $167,165,733 $167,165,733 2.06% $22,265 $22,907 Geneseo 100.00% $235,819,382 $235,819,382 2.90% $31,445 $32,248 Leicester 100.00% $20,113,932 $20,113,932 0.25% $2,638 $2,780 Lima 100.00% $86,676,710 $86,676,710 1.07% $11,924 $11,898 Livonia 100.00% $66,684,085 $66,684,085 0.82% $9,180 $9,118 Mt. Morris 100.00% $92,902,862 $92,902,862 1.14% $13,085 $12,677 Nunda 100.00% $41,295,225 $41,295,225 0.51% $5,593 $5,671 TOTALS $983,545,363 $983,545,363 12.10% $132,956 $134,552 GRAND TOTALS $8,133,361,851 $8,133,361,851 100.00% $1,055,200 $1,112,000 and WHEREAS, the Ways and Means 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 262 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that certified copies of this report and resolution be forwarded to each participant of this plan. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted.

RESOLUTION NO. 2011-321 APPOINTING DIRECTOR OF ADMINISTRATIVE SERVICES FOR THE LIVINGSTON COUNTY SOCIAL SERVICES DEPARTMENT – GEORGE MACOMBER Mr. Gott presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Social Services Department Appoint George Macomber of 20 Gibson St., Dansville, New York to the position of full-time Director of Administrative Services effective September 19, 2011, at an annual salary of $63,000. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted. Chairman Merrick asked George Macomber if he would like to say a few words. George Macomber thanked the Board for appointing him as the Director of Administrative Services. He extended a special thank you to Commissioner of Social Services Diane Deane for selecting him to be the Director. He stated he is looking forward to leading Social Services fiscally through this economic climate, which he is hopeful that it will help the citizens of Livingston County. He thanked the Board again for appointing him.

RESOLUTION NO. 2011-322 APPOINTING DIRECTOR OF EMERGENCY MEDICAL SERVICES – KAREN DEWAR Mr. Gott presented the following resolution and moved its adoption: WHEREAS, the office of Emergency Medical Services Director is currently vacant; WHEREAS, the County Administrator has recommended the appointment of a new Emergency Medical Services Director pursuant to his powers and duties as specified in Section 4 (C) of Local Law E-2007; and WHEREAS, the Ways and Means Committee has reviewed the recommendation of the County Administrator, concurs with it, and likewise recommends to the Board of Supervisors said appointment; and WHEREAS, the Board of Supervisors wishes to make appointment consistent with these recommendations; now, therefore, be it RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Emergency Medical Services Department Appoint Karen Dewar of 4578 Reservoir Road, Geneseo, New York to the position of Emergency Medical Services Director effective September 19, 2011, at an annual salary of $53,000. Dated at Geneseo, New York September 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,626; Noes - 0; Absent – Pangrazio, 126; Adopted. Chairman Merrick asked Karen Dewar if she would like to make a few comments. Karen Dewar addressed Chairman Merrick, Members of the Board of Supervisors, Chairman of the Committees, Mr. Coyle, and stated she sincerely appreciates their consideration for enduring this process and she is thankful for the opportunity. She thanked the following people who have meant a lot to her during her career in Emergency Medical Services: Kevin Niedermaier who has been very supportive and an advocate for both EMS and her as a Captain, and especially Joan Ellison, whose department she will be leaving, has been a mentor and an advocate for her, and she stated she is grateful she will be working with her and looking forward to working with the Board of Supervisors.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS SEPTEMBER 14, 2011 263

Name Address Represent/Title Term Expires GLOW Workforce Investment Board Jerry MacIntyre B & B Precision Manufacturing, Inc., Business/Private Sector; At pleasure 310 West Main Street, P.O. Box 279, replacing Gary Kone Avon, NY 14414

2. DISCUSSION OF TAX FORECLOSURE Chairman Merrick stated that all the Supervisors have a written question on their desk from Cathy Gardner, Lima Deputy Supervisor. Chairman Merrick stated he is sure the question will be addressed, and he indicated it has been addressed in several of the Ways and Means Committee meetings. The question is as follows: How is the public interest in our county served if our elected policymakers relinquish their authority to review the circumstances underlying an extension request for the period between the redemption date and the foreclosure auction if granting such a request would enable an individual to make full payment of late taxes and associated penalties and fees and allow this resident to retain a home, a farm, a business or other property and to have a chance to recover from an unfortunate situation and get back on his feet? Respectfully submitted by Catharine Corby Gardner, Deputy Supervisor, Town of Lima Chairman Merrick turned this discussion over to County Administrator Ian Coyle and County Attorney David Morris. The County Administrator stated we had a discussion regarding tax foreclosure at the Ways and Means meeting Monday, September 12, 2011. The decision from the Ways and Means Committee, although Chairman Pangrazio is not here today, was to move it to the full board to provide an update as to what was discussed and he believed Chairman Pangrazio wanted to open the floor for members that were not there to discuss the decision of the Ways and Means Committee. The County Administrator stated we have had some adverse decisions from Judge Cohen throughout this year in the foreclosure action, which the Board of Supervisors has already voted to appeal. There has been discussion of an exception process or the possibility of granting an exception process.

Mr. Davis departed.

The County Administrator stated there was a set of May 2009 Ways and Means Minutes cited as a source of lack of clarity, which was correct—there is a lack of clarity as to what the process is. He referred to the minutes and indicated it states that the County Administrator is to tell people that the County is not giving extensions or exceptions. The Ways and Means Committee confirmed on Monday what has been our process and policy, which is the law, Article 11 of the Real Property Tax Law. This law governs our foreclosure process. When we talk about our policy and process, it is Article 11. Article 11 specifies the standard redemption period, that individual delinquent taxpayers receive numerous notices that their taxes are delinquent and they will lose their home if payment is not made by the date cited in the correspondence. He stated in closing, there has been no exceptions granted—that is how we operate. Exceptions are not considered. The County Administrator referred the discussion to Mr. Gott, Vice Chairman of the Ways and Means Committee. Vice Chairman of Ways and Means/Livonia Supervisor Gott stated the Ways and Means Committee had a long discussion and they learned a lot about Article 11 and the inability to change dates and veer from the law. The Committee discussed the need to clarify the intent of those May 2009 minutes. The discussion was about the ability to appeal the process, or appeal before the tax auction after the redemption date. The recollection of the Committee was the intent of that meeting was to take the burden off the County Treasurer, Carolyn Taylor. The minutes did indicate there would be no exceptions but it needed to be clarified that is our position. We are not going to change anything in our policy. We are going to continue to follow the State Law, Article 11, and there is going to be no avenue for appeal. That was our intent in 2009 and that was our intent when we adjourned the meeting on Monday, 9/12/11. He stated if there were any questions from the Board of Supervisors, he or any Committee member would be happy to address those questions. Lima Supervisor Yendell asked the County Attorney to explain Article 11 for those members who were not present at the 9/12/11 Ways and Means meeting and what flexibility there may or may not be. He stated it appears that other counties are doing things differently than we are. The County Attorney commented there are certainly other counties doing things differently, and there are other counties doing things the same way we are doing. Article 11 is 264 REPORT OF THE SUPERVISORS’ PROCEEDINGS

the process by which the property taxes are foreclosed for nonpayment. There is a process. Livingston County has adopted a two-year redemption period, which means from the lien date of the taxes, two years from that date is the end of the redemption period, unless the redemption period is changed when they are filed. Livingston County does not proceed as quickly as we could on the foreclosure of taxes. If we did proceed as quickly as we could, we could actually cut off the redemption date exactly two years from the lien date, which for the taxes that were foreclosed this year would have been January 1, 2011. We don’t proceed that quickly and the end of our redemption period this year was June 13, 2011. Is there ability to pay taxes after that date—certainly the Board could decide to do whatever they wanted to do. It’s a decision of the Board, but the redemption date is set when the petition for foreclosure is filed. It is generally filed in February or March of each year, and we have to have a minimum of 90 days from when Notice of Foreclosure is published. The list is published, the 90 days go by and it happened to be June 13, 2011 this year. He indicated there are a lot of notices sent out—the original tax bill that goes out, the list of delinquent taxes is filed in November of the tax year, the statute requires the notice of foreclosure to be published three times in non-consecutive weeks, the actual notice of foreclosure and an additional notice are mailed out to the taxpayer by both regular mail and certified mail. Those notices state that the redemption period ends on June 13, 2011, and it clearly states that if you don’t pay your taxes by the end of the redemption period, you are going to lose your property. In addition to the statutory notices, we send out, he believes, two additional notices—one from the County Treasurer and one from the Tax Foreclosure Attorney. In addition, the list of delinquent taxes is provided to the Town Supervisors so they have the opportunity to contact the individuals on that list. He stated if it is the Board’s pleasure, we could certainly send out additional notices, but the bottom line is there has to be a date beyond which payments are no longer accepted. He stated no matter what date is set, we are always going to have somebody coming in and wanting to pay after that date. In a nutshell, that is the process. Lima Supervisor Yendell stated then the option is there for this Board to change the date or accept payment up to the last day. The County Attorney responded if the Board directs us that they want to have taxes paid up to the date of the auction, could we do that, yes but it is going to cause some problems, but certainly we could do that. Mr. Yendell asked if we could impose a penalty to the individual over and above the back taxes so that you could charge fees for already taking over the property. The County Attorney stated that if you are going to do that, you don’t want to take title to the property. You want to wait until that time goes by before you put a deed into the County. Once you put a deed into the County, it is then County property and we are going to run into issues with the Constitution if we decide we are going to give this property back to somebody at less than the fair market value of the property. Mr. Yendell stated but you can’t sell the property if you don’t have title to it. The County Attorney stated correct, but what we would be doing is record the deed the day of the auction. Ossian Supervisor Martello asked but if we make a change to the date, that is going to have to happen prior to the last minute, correct? We can’t accept payment right up to the auction? The County Attorney stated we have to make that decision before the end of the redemption period, which is generally a month or so prior to the auction. Vice Chairman of Ways and Means/Livonia Supervisor Gott stated we had this discussion at the Ways and Means meeting and tossed around the idea of instead of 30 days prior to auction making it two weeks prior to auction. The thought was there is always going to be somebody that needs an extra few days. He added it does take the County Treasurer some time to take title to the property, and if we allow payment to the last day, Mr. Gott stated he does not know how that would be possible. The Committee talked about moving it up two weeks and we decided against it. He added another thing that was stated at the Ways and Means meeting was that this discussion is not about one particular town or parcel. This is a policy that needs to be right for seventeen communities, 29,000 parcels, and 65,000 people. We are setting policy, and this policy/law is good for all and everyone will be treated the same. He stated we need to put the parcel that is near and dear to our hearts aside, and we need to realize our policy has been the same for all these years for all the parcels. Nunda Supervisor Baldwin stated he was part of the Ways and Means meeting discussion and probably no one in this room is more adverse in taking property than he is, but necessity of policy as it was explained to us is very important. Our responsibility as Supervisors is to make sure that our situation is such that we won’t need exceptions— that we are contacting our people with back taxes so that they know there is a drop-dead date and that they don’t have any exceptions. He mentioned maybe the Supervisors could work with the Office for the Aging or churches to assist the taxpayer at that time rather than the drop-dead date. For most of our people, they are not serious until they realize that their property taken by the County is going to auction, and then it gets their attention. He stated we need a policy but the responsibility has to lie with each of us to contact each of those people so they don’t come at the time of the SEPTEMBER 14, 2011 265 drop-dead date and ask for an exception. He stated he believes that was the intention that came out of Ways and Means and asked Mr. Gott if he agreed, and Mr. Gott concurred. Lima Supervisor Yendell stated so I guess I shirk my responsibility by not talking to Mr. Leschander and he apologized for that. He indicated he knows when we instituted Article 11, the intent was to get people’s tax money not to put them out of their homes. We had people at that time that were behind six and seven years. Chairman Merrick stated the first list he saw included 438 properties so there are some people that must pay attention to the notices that are sent because the number of properties dropped to about 38 that were sold at auction. Ossian Supervisor Martello stated another thing we should not lose site of is that while there is controversy around this issue, it is going through a series of channels that will come up with a final decision. Someone was upset when the decision was made, they went through the judicial system, and a decision was rendered, and we disagreed with that decision and we are appealing it, and it is going to be resolved that way. He added maybe in those cases where something starts to fall through the cracks, he would rather have them go through that system, then at the last minute somebody making a decision that may be incorrect. Conesus Supervisor Donohue stated it seems that the whole foreclosure process has involved property of greater value recently than in the past. She stated she personally hates to see us get to the point where we can’t do anything for somebody that may have a situation that is just completely out of control—people ’s lives vary and circumstances vary and she would like us to retain some ability to do something for someone who genuinely has the situation completely out of control in their life. Mt. Morris Supervisor DiPasquale stated as he did in the Ways and Means meeting, he believes there should be a clause in the policy for a severe hardship case and we shouldn’t lose site of that. He knows we have to have a policy, and he concurs with Mr. Gott, and the County Attorney. He stated even in the service, there were hardship cases and they waived the fees or whatever, and he believes we should look at hardship cases. Avon Supervisor LeFeber stated he would like to see this policy in written form that was voted on by the Ways and Means Committee. He asked if it is going to be a policy would it be in writing or was that the paper that was passed out by the County Treasurer. The County Administrator explained the paper that was handed out by the County Treasurer was the timeline of communication to the taxpayers. As far as a written policy, the decision of the Ways and Means Committee was to change nothing, so there is nothing to write down. What we are doing is putting into effect the provisions of Article 11, which we adopted in 2005. Mr. LeFeber asked if Article 11 was the policy. The County Administrator stated it is the governing law of our foreclosure process. Mr. LeFeber stated he wanted to reaffirm why he voted no the last time. He indicated he was concerned that if we changed our policy now, he is not sure how this would be viewed through the appeal process. Lima Supervisor Yendell stated he thinks it is good that Kaaren Smith, Director of the Office for the Aging, is going to get involved in this process. He stated that most of us here can read and understand what we are reading and our financial situation is much better than the people that are being foreclosed on. He added that some of our seniors don’t live on a lot of money—we don’t know how that feels to only have $3 for gas or $10 for groceries, but somehow we need to help these people and maybe getting the Office for the Aging involved will help. Conesus Supervisor Donohue asked if it were possible to establish an independent appeals committee to look at hardship cases. Mr. Gott stated he doesn’t have an answer but stated that Kaaren Smith is going to take a look at the list of foreclosures and make contact with the people. He stated that he is sure now that everybody in this room will make an effort to contact their people. He stated he is as guilty as anyone—he looks at the list and sees the names in the paper and never really follow up until he receives the booklet from the Treasurer and that may be too late. He told Mr. Yendell it is not that he did not do his job, it’s about a lot of us not doing our job and we have to start doing it better. When we get that list, we have to make that contact. Mr. Merrick concurred and explained he had difficulty locating the owners of two properties within his town and one was in a nursing home and the other was in Pennsylvania. He added it is not easy to track these people down especially if they don’t live in town. Mr. Yendell commented that is even scarier that someone is in a nursing home and has a piece of property, and we are going to take it away from them. He again alluded that we are capable of dealing with these types of things but maybe the person in the nursing home is not. Springwater Supervisor Buckley stated there was another issue other than the redemption date and that Mr. Yendell mentioned and that is selling the property to get the back taxes. He believes the money profited over and above the back taxes is an issue that needs to be addressed. These people pay on these houses all their lives and then they have some hardship where they lose their home, he doesn’t think this is fair. The County Administrator stated we 266 REPORT OF THE SUPERVISORS’ PROCEEDINGS

did talk about this in Committee because there was a letter and actually an ad placed in the papers questioned the practice of making a profit on the tax auction. It is unconstitutional and illegal for us to provide any sort of equity back to the residential taxpayer on the profit we receive from the auction. Annually, there is a bill in the NYS Assembly and Senate that attempts to address this very issue and until they address it, we cannot, as owners of County property, gift it back to somebody once we obtain title to it. Avon Supervisor LeFeber stated he wanted to comment on Mrs. Donohue’s statement that he would support establishing a committee. The Committee wouldn’t have to consist of a Supervisor or anybody on the County payroll—it could be a church or a non-profit agency. He would like someone that could go through the list before the drop-dead date and do their best effort to determine if the property owner intends to pay the back taxes before the redemption date. He would not want that burden placed on a Supervisor or anybody paid by the County. He thinks there might be some charitable organization or some church that would do this to make sure this situation doesn’t happen again. West Sparta Supervisor Cosimano asked that a reminder notice be sent to the Board when the list comes out for the Supervisors to review the list of properties. Conesus Supervisor Donohue stated given the fact that we are not able to return the profit to the people, is that even more reason to look at our process to be sure that we don’t trap people that are in hardship situations. Vice Chairman/Leicester Supervisor Moore stated maybe we should explain how we go through the process that liens and judgments are extinguished. There are two actions that can stop the sale of a property and that is a bankruptcy and a Federal lien. Anybody that has these properties, they could easily sell the property themselves. If there are no liens or judgments against the property, the owner should sell it. Lima Supervisor asked if there was an opportunity to form a special ad hoc committee to look into this and to look into what other counties do and see if we can develop a better policy. The County Administrator stated he is not answering the question, but the next process starts in October with communications to delinquent taxpayers. Vice Chairman of Ways and Means/Livonia Supervisor Gott commented that this was discussed at the committee meeting and the County Treasurer did check on what other counties were doing. The County Attorney stated there are certainly some counties that accept payments later and there are a lot of counties that don’t—the redemption period ends and that’s it. That information isn’t going to change by putting a committee together. That information has already been disclosed to the Ways and Means Committee. Mr. Yendell did not take it as specific information, he took it as “I think” and he asked the County Treasurer if he was wrong. The County Treasurer stated that Wyoming and Geneseo Counties also use Phillips Lytle and they use the last day of redemeption as the last day to redeem. Ontario County also uses that date. She indicated she could do something more formal if the Board desired her to do so. Orleans does have a provision to accept payment two weeks before the auction. She indicated no matter what date you pick there are always going to be people wanting to go past that date. Vice Chairman/Leicester Supervisor Moore stated it would be fairly easy for the Clerk to contact NYSAC to check with the counties in our surrounding area. If you look at the decision of Judge Cohen, there is much case law on this. He concurred with Mr. Martello until the appeal decision comes out, we don’t know. West Sparta Supervisor Cosimano stated he doesn’t think we should change anything and everything we have in place is there for a reason. He mentioned if we started the process earlier, it might have helped the Leschander situation because they got help toward the end but it was too late. Geneseo Supervisor Wadsworth stated he sees this as a town issue until the drop-dead date. We have an opportunity to intervene to work as a community. He explained it took him seven times to work with a person to convince them that the drop-dead date was the last date. There is quite a bit of time to work with these cases and get them resolved before it is a drop-dead situation. Once it goes past this date, our hands are tied by this law. By having a law in place prevents us from having to make judgment calls in the last hours before the auction and that is a good thing. We would be making decisions based on hardship and how are we going to pick between those—how do we have credibility if we are making judgments based on hardship or value judgments on the fly. He stated he supports the law and the use of the law and asked that everybody take a more active role prior to the cutoff date. Cathy Gardner, from the Town of Lima, expressed her appreciation to Chairman Merrick for allowing her to submit the question that she did for consideration by the Supervisors. She stated she appreciates Mr. Gott’s comments about Mr. Yendell’s work on this situation. It wouldn’t have necessarily mattered how much work we did ahead of time in our communities to get in touch with some of these people. She explained they had one individual that tried to make payment more than 40 days in advance of the auction. The main point she wanted to make clear in everybody’s SEPTEMBER 14, 2011 267 minds is that this Board is not required by law to not have an appeals process, but they could if they chose to do so. She added doing all of our work in advance in the community, there may still be a situation, at some point, perhaps someone has a business, or a large farm, or home, and that party is able to retain that property by paying their taxes, and you as a body has that choice to make that possible. She stated she as a taxpayer in this County is challenged to understand how the Board would not want that. She stated that Mr. Leschander had no way to make that payment until enough people in the community learned of the situation late in the game and came forward and pooled money together and pledged to make payments on time for the rest of his life so that he could retain his property. She stated she didn’t understand why the Board would want to close the door on those opportunities. She expressed her deep appreciation for having had the opportunity to be heard.

Chairman Merrick asked if there was any other business before the Board. There was none.

ADJOURNMENT Motion made by Mr. Schuster and seconded by Mr. Gott to adjourn until Wednesday, September 28, 2011 at 1:30 p.m. Carried.

The Board adjourned at 3:02 p.m.

268 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, SEPTEMBER 28, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. DiPasquale (Mt. Morris) Mr. Martello (Ossian) Mr. Davis (Portage) and Mr. Cosimano (West Sparta).

PLEDGE OF ALLEGIANCE The County Administrator introduced Elizabeth J. Adams, a World War II Veteran Ms. Adams graduated from Geneseo Central School in June of 1941. She attended Blackstone Junior College in Virginia until her enlistment into the U.S. Navy on July 27, 1944. She attended Naval Training School in Bronx, NY and Naval Training School (Yeoman), in Stillwater, Oklahoma. Ms. Adams worked as a Yeoman/secretary at the Personnel Separation Center, Norfolk. Virginia. She was Honorably Discharged on October 31, 1945. Ms. Adams is entitled to the World War II Victory Medal and the American Theater Medal. Ms. Adams was married July 23, 1945 while on active duty, to Thomas Adams. She has a daughter, Judy, and a son Thomas Richard. She was a stay-at-home mom and then went to work for Garlocks for approximately eight years in sales. Ms. Adams is a resident of Geneseo.

ELIZABETH J. ADAMS, a World War II Veteran led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Elizabeth J. Adams. The audience presented a standing ovation.

APPROVAL OF MINUTES 1. Minutes of 9/14/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. The County Treasurer has filed the Livingston County Audited Financial Statements and Single Audit Reports for the period ending December 31, 2010. 2. Mark your calendar - The 2012 Budget Workshop will be held on Monday, October 24, 2011 at 10:00 AM. in the Board Assembly Room. 3. Notice of Claim in the matter of Laurie J. Hainey, individually, and as Parent and Guardian of Tyler J. Dieter, a minor, filed in this office on September 27, 2011.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-323 APPROVING ABSTRACT OF CLAIMS #9B – SEPTEMBER 28, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #9B dated September 28, 2011 in the total amount of $1,448,179.84. Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Ossian, 21; Portage, 24; West Sparta, 34; Total – 205; Adopted.

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

COMMITTEE OF THE WHOLE Mrs. Donohue moved and Mr. Yendell seconded to present the following resolution SEPTEMBER 28, 2011 269

RESOLUTION NO. 2011-324 HONORING THE LEGACY OF FORMER CONESUS SUPERVISOR DONNA L. AVERY AS THE FIRST WOMAN TO SERVE ON THE LIVINGSTON COUNTY BOARD OF SUPERVISORS WHEREAS, Donna L. Avery was first elected as Supervisor for the Town of Conesus in 1996 and she served until 2001 being elected to three two-year terms; and WHEREAS, Donna L. Avery was the first woman to serve on the Livingston County Board of Supervisors; and WHEREAS, as Supervisor she served on the Livingston County Board of Supervisors serving as a member of the Social Services and Tax Committees in 1996; Vice Chair of the Social Services and Judicial Committees and member of the Health Committee in 1997; Chairman of the Social Services Committee and Vice Chair of the Health and Public Safety Committees in 1998; Chairman of the Social Services Committee, Vice Chair of the Public Works and Transportation Committees and member of the Health Committee through September 1999; and in September 1999, the Committee system changed and she then served as Chairman of the Intergovernmental Affairs Committee and member of the Health, and Highway and Public Works Committees; and in 2001 she served as Chairman of the Intergovernmental Affairs Committee and member of the Health and Finance and Administration Committees; and WHEREAS, her mother, Audrey Schildt, battled cancer, and Donna L. Avery was instrumental in creating a hospice room named Audrey’s Room in the new Livingston County Center for Nursing and Rehabilitation; and WHEREAS, after she retired in 2001 as Supervisor, Donna L. Avery volunteered countless hours as an Ombudsman, acting as an advocate for residents of the Livingston County Center for Nursing and Rehabilitation; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors honors the legacy of former Conesus Supervisor Donna L. Avery as the first woman to serve on the Livingston County Board of Supervisors. Dated at Geneseo, New York September 28, 2011 Committee of the Whole The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted. Chairman Merrick stated that Mrs. Avery served as Supervisor for several years, and it was appropriate to recognize her. Chairman Merrick asked Mrs. Avery’s husband, Robert Avery, to approach the podium. Chairman Merrick and County Administrator Coyle presented Mr. Avery with a copy of the resolution. Chairman Merrick asked Assemblyman Sean Hanna to approach the podium. Assemblyman Sean Hanna stated that America doesn’t appreciate our public servants and especially our pioneers. He stated that Donna Avery was a tremendous public servant. The people of this community shared her joys, sorrows and accomplishments in more ways than you know. On behalf of the State Assembly and Senate, he presented Mr. Avery with proclamations from both houses that set forth Mrs. Avery’s accomplishments. He stated we all have pride in her accomplishments and what a privilege it was to share her life. Chairman Merrick asked Mr. Avery if he would like to say a few words, and Mr. Avery stated to just say a big thank you to everyone.

PREFERRED AGENDA RESOLUTION NO. 2011-325 PROCLAIMING OCTOBER 2-8, 2011 AS SHERIFF’S WEEK IN LIVINGSTON COUNTY WHEREAS, the Office of Sheriff has been an integral part of the criminal justice system in New York State and in Livingston County throughout our history, having been established in the State's first constitution and having been continued in every succeeding constitution, and having been one of the original constitutional offices of our County; and WHEREAS, despite changes in its function, status and powers during its long history, the Office of Sheriff has maintained a continuous existence, preserved its distinguishing heritage, and continued to be an essential component of our criminal justice community; and WHEREAS, the Office of Sheriff has evolved into a modern, professional, full-service law enforcement agency, manned by fully trained police officers, using state-of-the-art technology and applying the latest and most advanced theories and practices in the criminal justice field; and WHEREAS, the Office of Sheriff is unique in the community, and the duties of the Office go far beyond the traditional role of "Keeper of the Peace," and extend into many facets of public service, including maintaining the county jail, 270 REPORT OF THE SUPERVISORS’ PROCEEDINGS providing security in our courts, dispatching emergency services, and serving and executing civil process for our courts; and WHEREAS, as a constitutionally empowered entity directly responsible to the People, the Office of Sheriff remains, even today, responsive and accountable to the public it serves; and WHEREAS, it is fitting to celebrate the historical contributions of the Office of Sheriff and the significant role, which the office plays in our modem criminal justice system; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby proclaims the week of October 2-8, 2011 as Sheriff’s Week in Livingston County. Dated at Geneseo, New York September 28, 2011 Public Services 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-326 AMENDING 2011 LIVINGSTON COUNTY BUDGET – CENTRAL SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Central Services Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue H1627 2680 Insurance Recovery Account $68,768.00 Increase Appropriation H1627 2900 Boiler/Lighting Upgrades Project $68,768.00 And, Account Dept. Code Description Amount Increase Revenue H1627 2680 Insurance Recovery Account $13,815.12 Increase Appropriation H1627 2900 Boiler/Lighting Upgrades Project $13,815.12 Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTION NO. 2011-327 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2770 Other Unclassified $60,000.00 Increase Appropriation DM5130 4124 Gasoline $60,000.00 Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTION NO. 2011-328 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: SEPTEMBER 28, 2011 271

Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $1,142.00 Increase Appropriation A3110 4127 Outside Repairs $1,142.00 And, Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $488.54 Increase Appropriation A3110 4127 Outside Repairs $488.54 Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTION NO. 2011-329 EXTENDING A PROFESSIONAL SERVICES CONTRACT FOR GRANT WRITING SERVICES– THOMA DEVELOPMENT CONSULTANTS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, Resolution No. 2008-319 authorizes a contract with Thoma Development Consultants for grant writing services for a term of September 1, 2008 through August 31, 2010 with a one year extension expiring August 31, 2011, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors desires to extend the contract with Thoma Development Consultants to allow the completion of existing projects and the preparation and release of a new Request For Proposals, and be it further RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a one-year contract extension to terminate August 31, 2012, under the same terms and conditions of the existing contract subject to review by the County Attorney and County Administrator Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTION NO. 2011-330 INCREASING CAPITAL PROJECT ACCOUNT – JAIL IMPROVEMENTS PROJECT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer is authorized to increase the Capital Project Account H3150.2901 in the amount of $235,975.00, which is funded from Estimated Revenue H3150.2706 in the amount of $235,975.00, and, it is, further RESOLVED, that the County Treasurer is authorized to increase the Capital Project Account H3150.2900 in the amount of $1,000,000.00, which is funded from Estimated Revenue H3150.5031 in the amount of $1,000,000.00, and, it is, further RESOLVED, that the County Treasurer is hereby directed to transfer monies to General Fund Transfer to Capital A9950.9000 in the amount of $1,000,000.00 from A0599.0000 Appropriated Fund balance. Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

RESOLUTION NO. 2011-331 CORRECTING TAX ROLL – CANCELLATION OF VOID TAXES - TOWN OF PORTAGE Mr. Pangrazio presented the following resolution and moved its adoption: 272 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, the Director of Real Property Tax Services has transmitted a written report of his investigation and recommendation with regard to one (1 parcel) application for correction of the tax roll, pursuant to the Real Property Tax Law, for the Town of Portage on the tax roll for the years hereinafter set forth, and WHEREAS, said parcel was 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 correction 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 the application. Chargebacks Original Corrected To Taxing Year, Town & Premises Taxing Jurisdiction Tax Bill Tax Bill Refunds Jurisdictions 1. 2011 PORTAGE Livingston County $214.08 $0.00 $0.00 $214.08 STATE OF NEW YORK Liv. Co. Penalties 78.23 0.00 0.00 78.23 Tax Map Number Portage Town Tax 322.09 0.00 0.00 322.09 205.-1-4.1 Keshequa CSD Relevy 13.23 0.00 0.00 13.23 Portage Fire 1 17.51 0.00 0.00 17.51 Total $645.14 $0.00 $0.00 $645.14 Dated at Geneseo, New York September 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,547; Noes - 0; Absent – DiPasquale, 126; Martello, 21; Davis, 24; Cosimano, 34; Total – 205; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Board William Chichester 18 Erie Street, Mt. Morris, NY 14510 Town of Mt. Morris 9/1/11 – 8/31/13

2. DISCUSSION OF REQUIRED PROPERTY TAX CAP FORMS – LIMA SUPERVISOR PETER YENDELL AND NUNDA SUPERVISOR TOM BALDWIN Chairman Merrick announced that Mr. Yendell brought back some information from the September 2011 NYSAC conference regarding the property tax cap, and the information has been placed on the Supervisors’ desks. Chairman Merrick referred the discussion to Nunda Supervisor Tom Baldwin (who is an accountant) to explain the paperwork. Mr. Baldwin indicated the paperwork on the desks contains some forms and the NYS Office of the State Comptroller is requesting these forms be submitted by the end of September 2011. The forms will assist you in calculating the tax cap levy. He stated the Comptroller’s website is excellent for assistance in completing Line 2 and Line 6. He indicated that Supervisors can use the same Pin Number and Password that they use for their Annual Reports. Mr. Baldwin stated that this calculates what the tax cap is but it might be different than the actual adopted budget. Mr. Yendell explained that he was unaware that this packet of information had been sent out and just wanted the Supervisors to be aware of this. He indicated that Pat Rountree, Director of Economic Development, would be able to provide pilot and growth factor numbers for each town. Livonia Supervisor Gott asked if a town is under the tax cap do they still have to complete the forms, and Mr. Baldwin responded yes. Chairman Merrick indicated he received this packet approximately 10 days ago. Conesus Supervisor stated she attended a NYSAC workshop on the Property Tax Cap and expressed that she felt the Comptroller’s representatives at this workshop were unprofessional and made it known that the Comptroller’s SEPTEMBER 28, 2011 273

Office was going to check on things pertaining to the tax cap. She indicated that NYSAC is recommending an override to the cap because this is the only way to protect the town. Mr. Baldwin stated that in his conversations with the Comptroller’s Office, they are expecting 900 municipalities to override the cap, and they are not happy about this.

3. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator stated he received some very significant information today that the State Legislature has put out and has forwarded this information by email to the Supervisors (on file). Senators Gallivan and Young are sponsoring Senate legislation (S5889-B) calling for the gradual State takeover of County Medicaid costs. At this time, there is no assembly companion but the legislation does have Assembly Majority support. Medicaid is our number one mandate—for counties, it cost $7.3 billion statewide and growing by 3 percent each year and in Livingston County, property taxpayers are forced to annually spend $9 million dollars, which account for more than 40% of the tax levy. This legislation would provide significant property tax relief. This legislation would save more than $243,717 for 2012, and $9 million shaved off over an eight-year period is significant. The County Administrator urged all the Supervisors to contact the State representatives to support this legislation.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, October 12, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:54 p.m.

274 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, OCTOBER 12, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Martello (Ossian) and Mr. Buckley (Springwater).

PLEDGE OF ALLEGIANCE Conesus Supervisor Brenda Donohue led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 9/28/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. TO CONSIDER OBJECTIONS TO SPECIAL ASSESSMENT ROLL FOR ALL COUNTY DISTRICTS Chairman Merrick declared the Public Hearing open and asked the Director of Public Works, Cathy VanHorne, to comment. Cathy VanHorne explained that this public hearing is conducted on an annual basis to provide owners of property located within the County water and sewer districts the opportunity to state their objections to the special assessment roll. The special assessment roll shows how many units are charged for water and/or sewer on the property tax bill for 2012. A single family home is charged as one improved unit. C. VanHorne stated this is how the County collects funds necessary for the construction of water and sewer district operations. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Notice of Claim in the matter of Jeffrey Miller and Andrew P. Fleming versus Town of Conesus and County of Livingston filed in this office on September 30, 2011. 2. Letter from the New York State Town Clerks Association, Inc. thanking our office for the generous donation of office supplies to assist the storm victims from Hurricane Irene. 3. Thank you card from Mt. Morris Supervisor Charles DiPasquale for the Wegmans gift card. 4. You are invited to attend the premier exhibition of the Pastels of J. Erwin Porter featuring the artist’s New York State Revolutionary War Site Series at the SUNY Geneseo Lockhart Gallery, 26 Main Street, Geneseo, NY on Wednesday, October 26, 2011, 2:30-4:00 PM and Saturday, October 29, 2011, 5:00-7:00 PM. 5. Notice of Claim in the matter of Dakota J. Ikeler versus the County of Livingston and the Town of Sparta, filed in this office on October 7, 2011. 6. Letter from Mary Beth Gueldner, Director of Retired Senior Volunteer Program of Livingston and Monroe Counties, thanking the Board of Supervisors and County Administrator for allowing three Senior Corps programs to set up displays for Senior Corps Week in the Government Center and for also proclaiming Senior Corps Week. 7. InterCounty Association of Western New York meeting will be held in Seneca County on October 21, 2011 at the Knapp Winery & Restaurant, 2770 Ernsberger Road, Romulus, NY. Registration is 9:30 AM, $20.00 includes lunch. PROGRAM: Walt Gable, Seneca County Historian 8. Reminder that the Department of Health is providing flu shots and health screenings today in Rooms 303A & B until 3:00 PM.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-332 APPROVING ABSTRACT OF CLAIMS #10A – OCTOBER 12, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #10A dated October 12, 2011 in the total amount of $1,576,423.47. Dated at Geneseo, New York OCTOBER 12, 2011 275

October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

PRIVILEGE OF THE FLOOR 1. BOARD OF ELECTIONS COMMISSIONERS NANCY LEVEN AND LAURA SCHOONOVER – DISCUSSION OF RE-DRAWING ELECTION DISTRICTS N. Leven stated that at the September Public Services Committee meeting, the Committee had asked the Commissioners to re-draw election district lines and at the October meeting the Commissioners presented their view points and the Committee asked them to bring the Board up to date. She stated that the Election Law had been changed last year to allow the County to redraw the election districts, and the Towns no longer have the authority over the election districts. A bill was passed in September 2010 giving that authority to the County Commissioners. The Election Law has not been changed to take into consideration the new voting machines. The lever machine is still stated in the law and allows 950 voters per district or with approval by the Commissioners 1,150. They know the machine will be able to handle more than this, but they do not expect the Election Law to change until sometime after the Presidential Election of November 2012. The Commissioners think the State Board is waiting to see how they will work in the election. The Board of Elections fully implemented these new machines with last year’s election and the Inspectors are not completely comfortable with them yet. The Inspectors’ responsibilities have changed as well. Because we are in a paper ballot system, the Inspectors need to make sure the paper ballots are not abandoned in the privacy area, they are not left at the machine or they do not walk out the door. N. Leven stated the Commissioners do understand that costs are driving a concern. Resolution 2008-356 authorized the County Administrator to chargeback the election inspector costs pertaining to the election, which we are doing, but in this process, we increased the Election Inspector fees. Some towns are paying a lot more than what they were paying in their towns. N. Leven stated the Commissioners are still concerned with the integrity of the election and cutting back on Inspectors. The Commissioners have put together a plan. She indicated that Ossian, Portage and West Sparta already have one district so there is nothing that can be changed for these three towns. The Commissioners indicated they propose to establish a committee for the 14 town to determine whether the election district(s) would be changed within that town. The Commissioners suggested having two Commissioners from the Board of Elections, town board member or representative, village board member or representative, democratic and republican committee member, and a planning board representative. When you start eliminating election districts, this will also eliminate people on the town’s political committees. Those seats are based on how many districts the Town has. N. Leven indicated the first major goal is to put together what the State Board is calling “Super Poll Sites” which would be similar to the Town of N. Dansville where they have all their districts under one roof. If we can combine districts and create Super Poll Sites we would probably be able to eliminate some Election Inspectors before the Election Law is changed to cut the costs of an election. N. Leven stated the Commissioners will be putting the Committees together to begin looking at eliminating election districts. She reported she believes the law may be changed to allow 1,500 voters in a district and they do not want to establish districts now and then have to do it again later. N. Leven indicated those Supervisors who did not attend the October Public Services Committee meeting, have a packet of information on their desk (election district maps, boundaries, street file lists, registered voter list). Today, the Commissioners distributed an updated list of 2011-2012 elections and a sample Absentee Ballot (on file). In summary, N. Leven indicated the Commissioners would eventually try to redraw election districts and eliminate some Inspectors. She asked the Board if they had any questions. Livonia Supervisor Gott asked if the Commissioners will be contacting the towns to set up the Committees. N. Leven stated yes they will and the towns can also contact the Board of Elections indicating the town is ready to do this or if the town has a site that they want the Board of Elections to consider. Vice Chairman/Leicester Supervisor Moore asked if the schools districts considered using the new machines. N. Leven stated the Commissioners have not had any contact with the schools, but they will have to do this soon. Currently, the Board of Education Law says that the schools can use the lever machines through 2012. The Commissioners feel that the State Legislature will probably extend this rather than forcing them to use the new machines. Chairman Merrick asked the Board if they had any further questions. There were none. He thanked the Commissioners for their update.

276 REPORT OF THE SUPERVISORS’ PROCEEDINGS

PREFERRED AGENDA RESOLUTION NO. 2011-333 PROCLAIMING THE WEEK OF OCTOBER 22-30, 2011 AS RED RIBBON WEEK WHEREAS, there is a commitment by the Livingston County Board of Supervisors toward the creation of a drug free America, and WHEREAS, there is a commitment by the Livingston County Board of Supervisors to a drug free, healthy lifestyle with no use of any illegal drug and no illegal use of a legal drug, it is hereby, RESOLVED, that the Livingston County Board of Supervisors proclaims October 22-30, 2011 as Red Ribbon Campaign Week. Dated at Geneseo, New York October 12, 2011 Human Services Committee

RESOLUTION NO. 2011-334 SCHEDULING PUBLIC HEARING ON PETITIONS TO JOIN EXISTING AGRICULTURAL DISTRICTS AND REFERRING THEM TO THE LIVINGSTON COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of viable agricultural land within a certified Agricultural District; and WHEREAS, Livingston County has received petitions from landowners requesting the inclusion of their land in Agricultural Districts; now, therefore, be it RESOLVED, that a public hearing on the inclusion of viable agricultural land within existing Agricultural Districts will be held at 1:35 PM on November 16, 2011, 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 as otherwise provided for by law; and, be it further RESOLVED, that the petitions shall be referred to the Livingston County Agricultural and Farmland Protection Board, as provided for by law. Dated at Geneseo, New York October 12, 2011 Public Services Committee

RESOLUTION NO. 2011-335 DESIGNATING THE LIVINGSTON COUNTY CHAMBER OF COMMERCE AS THE 2012 OFFICIAL TOURISM PROMOTION AGENCY WHEREAS, the New York State Grants Program is designed to encourage tourism promotion throughout the regions of New York State, and WHEREAS, the Livingston County Chamber of Commerce qualifies as an official Tourism Promotion Agency, now, therefore, be it RESOLVED, that the Livingston County Chamber of Commerce, be and hereby is designated by the Livingston County Board of Supervisors as their Tourism Promotion Agency under this program and is 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 Livingston County Chamber of Commerce. Dated at Geneseo, New York October 12, 2011 Public Services Committee

RESOLUTION NO. 2011-336 URGING MULTI-YEAR STATE TAKEOVER OF LOCAL SHARE OF MEDICAID WHEREAS, county officials across the state are presently introducing their 2012 budgets; and WHEREAS, these budget decisions are being made under the constraints of the State’s new property tax cap; and OCTOBER 12, 2011 277

WHEREAS, when State lawmakers enacted a property tax cap, they pledged to provide mandate relief that would enable and empower local leaders to implement that tax cap locally; and WHEREAS, that mandate relief has not materialized; and WHEREAS, by far, at a local statewide cost of $7.3 billion, Medicaid is the number one mandate facing counties; and WHEREAS, State Legislation (S.5889-B) will require state policymakers to take full fiscal responsibility for New York’s largest in the nation Medicaid program, by implementing an eight (8) year gradual State takeover of county Medicaid costs; and WHEREAS, removing county taxpayers from the financing of Medicaid is the single most important thing the State Legislature can do to lower property taxes for New Yorkers; and WHEREAS, the State takeover of county Medicaid costs will lead to lower property taxes and enhance New York’s economic competitiveness and improve economic opportunities for all New Yorkers; and WHEREAS, state lawmakers can fund the takeover with a combination of Medicaid program reforms, state- derived savings and other spending controls, including, applying MRT (Medicaid Redesign Team) reform savings to mandate relief and pursuing a federal Medicaid waiver to leverage state cost containment initiatives that can be applied to property tax relief and applying future revenues to lowering property taxes and by allowing federal health care reforms to cover New Yorkers; now, therefore, be it RESOLVED that the Livingston County Board of Supervisors calls on State lawmakers to keep their promise, and sign on to legislation (S5889-B) designed to provide mandate relief for counties, in the form of an eight-year State takeover of county Medicaid costs. Dated at Geneseo, New York October 12, 2011 Ways and Means 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. Gott and seconded by Mr. Wadsworth to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-337 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION: NEW YORK STATE CATHOLIC HEALTH PLAN, INC. d/b/a FIDELIS CARE NEW YORK Mr. Yendell 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 contract(s) for the Livingston County Center for Nursing and Rehabilitation, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Fidelis Care New York Date executed x 12 months, per rate schedule 95-25 Queens Boulevard Automatically renewing for 1-year terms Rego Park, NY 11374 For: Establishing Rates - SNF & ADHC Services. Dated at Geneseo, New York October 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-338 DECREASING THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION’S PROGRAM DAILY PRIVATE PAY RATE TO $115 PER DAY EFFECTIVE 11/01/11 278 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Mr. Yendell presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby decreases the private pay registrant rate for the Livingston County Center for Nursing and Rehabilitation Adult Day Health Care Program to from $122.00 to $115.00 (excluding the New York State Cash Receipts Assessment) to be charged effective November 11, 2011. Dated at Geneseo, New York October 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-339 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: HEALTH RESEARCH INC., NEW YORK STATE DEPARTMENT OF HEALTH, ENVIRONMENTAL TESTING AND CONSULTING, INC. Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Health Research Inc. (HRI) 8/10/11 - 8/9/12 $50,000.00 150 Broadway, Suite 560 Menands, New York 12204 For: Public Health Emergency Preparedness Program (PHEP) New York State Department of Health 10/1/10 - 9/30/11 $40,223.00 Adm. Services Unit, Bureau of Early Intervention ESP, Corning Tower, Room 287 Albany, NY 12237-0657 For: Early Intervention Administration-Budget Amendment Environmental Testing and Consulting, Inc. 10/15/11-10/15/12 Not to exceed $8,000.00 P.O. Box 466 53 Ellicott Avenue Batavia, NY 14021-0466 For: Environmental Lead Investigation Dated at Geneseo, New York October 12, 2011 Human Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-340 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: TOWN OF GENESEO Mr. Deming 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 contract(s) for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Town of Geneseo 10/12/11 - 8/1/12 not to exceed $3,000.00 William Wadsworth, Supervisor 4630 Millennium Drive Geneseo, NY 14454 For: Long Point Park kiosk construction. Dated at Geneseo, New York October 12, 2011 OCTOBER 12, 2011 279

Public Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-341 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF PROBATION: NYS DIVISION OF CRIMINAL JUSTICE SERVICES Mr. Deming 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 contract(s) for the Livingston County Department of Probation, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division Of Criminal Justice Services 1/1/11 - 12/31/11 $11,535.00 For: Probation Eligible Diversion Program. Dated at Geneseo, New York October 12, 2011 Public Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-342 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: NYSDMV GOVERNOR’S TRAFFIC SAFETY COMMITTEE Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYSDMV 1/1/12 - 12/31/12 $462,541.00 Governor’s Traffic Safety Committee 6 Empire Plaza, Room 414 Albany, New York 12228 For: 2012 STOP-DWI Plan Dated at Geneseo, New York October 12, 2011 Public Services Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-343 AUTHORIZING TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfers per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the Livingston County Administrator. Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-344 AMENDING 2011 LIVINGSTON COUNTY BUDGET – CENTER FOR NURSING AND REHABILITATION RESOLVED, that the 2011 Center for Nursing and Rehabilitation Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue E6120 1650 Other Revenue $862,592.00 Decrease Appropriation E6120 1001 Tax Levy $862,592.00 280 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-345 AMENDING 2011 LIVINGSTON COUNTY BUDGET – COUNTY TREASURER Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 County Treasurer’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A1000 1001 Real Property Taxes $862,592.00 Increase Appropriation A6102 4240 MMIS $862,592.00 Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-346 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $362.89 Increase Appropriation A3110 4127 Outside Repairs $362.89 Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-347 DECLARING SURPLUS PROPERTY – HIGHWAY DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: Highway Department Quantity Item Model # VIN 1 #212, Chevy Pickup Truck, 186,500 miles, poor condition 1998; C-30 1GCGC33J2WF041506 1 #110, Chevy Utility Truck, 84,000 miles, poor condition 1998; CC31003 1GBJC34J1WF070228 1 #204, Chevy Astro Van, 116,750 miles, poor condition 1998; Astro Van 1GCDL19W1WB193181 1 #59, Chevy Pickup Truck, 164,180 miles, poor condition 1998; C-10 1GCEC19R7WE188032 1 #151, Ford Utility Truck, 120,415 miles, poor condition 1992; F-350 1FDJF37H4NNA800084 1 #23. Ford Utility Truck, 93,135 miles, poor condition 1997; F-350 1FDKF37G5VEC55129 1 #189, Ford Stake Dump Truck, no body, 88335 mi., poor 1991; F-700 1FDNF70J8MVA33838 Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-348 AMENDING THE HOURLY EMPLOYEE SALARY SCHEDULE: DEPARTMENT OF HEALTH OCTOBER 12, 2011 281

Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Hourly Employee Salary Schedule is amended as follows: Department of Health Create one full-time Disease Control and Preparedness Specialist position at wage grade 16. Delete one full-time Registered Professional Nurse position. Create one full-time Clerk/Typist position. Delete one full-time Nursing Team Assistant – Home Health Aide position effective November 4, 2011. Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-349 APPOINTING BUILDINGS AND GROUNDS WORKING FOREPERSON FOR THE LIVINGSTON COUNTY CENTRAL SERVICES DEPARTMENT – WILLIAM CAVALIER Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Central Services Department Appoint William Cavalier of 6519 Coe Road, Livonia, New York to the position of full-time Buildings and Grounds Working Foreperson effective October 31, 2011 at an annual salary of $59,000. Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

RESOLUTION NO. 2011-350 APPOINTING BUILDINGS AND GROUNDS WORKING FOREPERSON FOR THE LIVINGSTON COUNTY CENTRAL SERVICES DEPARTMENT – JOHN DRISCOLL Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Central Services Department Appoint John Driscoll of 4423 Lattimer Road, Groveland, New York to the position of full-time Buildings and Grounds Working Foreperson effective November 14, 2011 at an annual salary of $59,000. Dated at Geneseo, New York October 12, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,666; Noes - 0; Absent – Martello, 21; Buckley, 65; Total – 86; Adopted.

CLOSE PUBLIC HEARING Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearing closed.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Bureau Sharon Deming 2680 Main St., P.O. Box 127, York, NY 14592 Town of York 9/1/11 – 8/31/13 Carol Godsave 17 Stuyvesant Manor, Geneseo, NY 14454 Public Schools 9/1/11 – 8/31/13

2. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator reminded the Board that the 2012 Budget Workshop is scheduled for Monday, October 24, 2012 at 10:00 AM in the Board Assembly Room. The Ways and Means Committee will still meet at 1:30 PM. 282 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The County Administrator indicated that there was an introduction of a local law to override the tax cap legislation on the tentative agenda; however, this was removed after a discussion was held at the October 11, 2011 Ways and Means meeting. He indicated the Committee and he are quite confident we should be able to meet 2012 budget tax levy in compliance with tax cap leg.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until Wednesday, October 12, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:59 p.m.

OCTOBER 26, 2011 283

REGULAR BOARD MEETING WEDNESDAY, OCTOBER 26, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mrs. Donohue (Conesus).

PLEDGE OF ALLEGIANCE The County Administrator introduced Ignatius J. Loncao: Mr. Loncao was born and raised in Mt. Morris. He is a 1940 graduate of Mt. Morris High School. After high school, he worked at Sneider Packing in Mt. Morris until he was drafted as #102 on December 16, 1940. He entered active duty on January 20, 1941. Mr. Loncao was trained as a mechanic at Montgomery, Alabama, Nashville, Tennessee, Salt Lake City, Utah and several other stations in the United States before he was shipped to the Pacific Theater of Operation on July 23, 1944. He participated in battles for Luzon, New Guinea and the Southern Philippines. For his service to his country, Mr. Loncao was warded the American Defense Service Medal, the American Service Medal, the Asiatic Pacific Service Medal, the Philippines Liberation Medal, the World War II Victory Medal, the Good Conduct Medal and the New York State Medal for Merit has been applied for through the Livingston County Veterans Service Agency. Mr. Loncao was Honorably Discharged on November 2, 1945. After his discharge, Mr. Loncao married his high school sweetheart, Sarah Macaluso, on April 27, 1946 and had two daughters, Margaret and Susan. He worked at Craig Developmental Center for thirty-three (33 yrs.) years where he was a tin smith and roofer. Mr. Loncao is still very active with the local church and was active with the Mt. Morris ambulance for fifteen years after his retirement. He is a member of the American Legion and Veterans of Foreign Wars.

Prior to the pledge, Mr. Loncao asked everyone to rise, and thanked the Board of Supervisors for inviting him to lead the Pledge of Allegiance and stated it was a great honor.

IGNATIUS J. LONCAO, a WW II Veteran led the Pledge of Allegiance on the count of two.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Ignatius J. Loncao. The audience presented a standing ovation.

APPROVAL OF MINUTES 1. Minutes of 10/12/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Letter from Assemblyman Sean T. Hanna acknowledging receipt of Chairman Merrick’s letter regarding the State Takeover of Medicaid. 2. Letter from Senator Catharine M. Young acknowledging receipt of Chairman Merrick’s letter regarding the State Takeover of Medicaid. 3. The Livingston County Industrial Development Agency 2012 Budget Report is on file. 4. You are invited to attend the premier exhibition of the Pastels of J. Erwin Porter featuring the artist’s New York State Revolutionary War Site Series at the SUNY Geneseo Lockhart Gallery, 26 Main Street, Geneseo, NY on Wednesday, October 26, 2011, 2:30-4:00 PM and Saturday, October 29, 2011, 5:00-7:00 PM. 5. Livingston County Chamber of Commerce, Inc. and Livingston County Education Alliance, Inc. have submitted Financial Statements for years ended December 31, 2010 (Reviewed) and 2009 (Audited). 6. Notice of Claim in the matter of Kamal Amiger versus the Dansville Central School District; County of Livingston, New York; Town of North Dansville, New York; Village of Dansville, New York; Town of West Sparta, New York; County of Steuben, New York; Central School District No. 1 of the Towns of North Dansville, West Sparta, Livingston County and Dansville, Steuben County, and Dansville Central School District No. 1 of the Towns of North Dansville and West Sparta, Livingston County and Dansville, Steuben County, filed in this office on October 25, 2011.

284 REPORT OF THE SUPERVISORS’ PROCEEDINGS

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-351 APPROVING ABSTRACT OF CLAIMS #10B – OCTOBER 26, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #10B dated October 26, 2011 in the total amount of $2,907,806.99. Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

PRIVILEGE OF THE FLOOR 1. COUNTY ADMINISTRATOR IAN M. COYLE – RECOGNITION OF AWARD FROM THE AMERICAN PLANNING ASSOCIATION NEW YORK UPSTATE CHAPTER Chairman of Ways and Means Committee Daniel Pangrazio requested Privilege of the Floor for County Administrator Ian Coyle. The County Administrator stated we have discussed this a couple times and now we have an opportunity to do some formal recognition for an award of excellence that the Planning Department and Conesus Lake Watershed Council received recently. The County Administrator presented the following remarks: The Conesus Lake Watershed Management Plan evolved out of strong scientific research and comprehensive examination of the issues facing this important natural resource. The Watershed Management Plan brought together 75 years of research with current and future development trends to formulate reasonable and achievable recommendations for water quality improvement. Shortly after the Conesus Lake Watershed Management Plan was published, the Conesus Lake Watershed Council was formed to oversee implementation of the 37 recommendations in the Watershed Management Plan and to oversee the Conesus Lake Watershed Inspection Program. The Conesus Lake Watershed Council is unique among watershed management efforts in its strong partnerships and cooperation among municipal, agency and public stakeholders, including the Conesus Lake Association. Since the Plan was created in 2003, the Watershed Council and watershed communities have leveraged $1.8 million in State funding for projects in the watershed. Watershed communities and Livingston County have committed almost $2.2 million in local share that, together with the State funding leveraged, has lead to the focusing of over $4 million into Conesus Lake projects from 2003 to 2011. There is a team atmosphere that moves the implementation effort in a forward direction at a steady pace. Landowners and municipal officials work together on identifying solutions to lake issues, and the Watershed Management Plan creates the framework for action. Today, we would like to recognize and thank the members of the Conesus Lake Watershed Council, municipal officials, the Conesus Lake Association, County department staff, Federal and State agency staff and the rest of the Conesus Lake partners who have worked continuously to help improve the health of the Lake. We appreciate the time and effort that you have dedicated to this project and look forward to the continued partnerships into the future. The County Administrator asked any member of the Conesus Lake Watershed Council and Planning Department staff to stand to be recognized. The County Administrator asked /Vice Chairman of the Conesus Lake Watershed Council/Geneseo Supervisor Will Wadsworth to approach the podium to accept the award that was presented to the Council and Planning Department from the American Planning Association New York Upstate Chapter. Mr. Wadsworth stated it is a true pleasure to work with people that have put 10 years or more into this endeavor. Chairman Merrick thanked everyone that has been involved in this process and stated it has been quite an undertaking.

PREFERRED AGENDA RESOLUTION NO. 2011-352 PROVIDING FOR PUBLIC HEARING ON PROPOSED LIVINGSTON COUNTY BUDGET FOR 2012 PURSUANT TO SECTION 359 OF THE COUNTY LAW RESOLVED, that the Livingston County Board of Supervisors, pursuant to Section 359 of the County Law, OCTOBER 26, 2011 285

will hold a public hearing on the proposed Livingston County Budget for the fiscal year 2012 at 1:35 p.m. in the afternoon and also at 7:00 p.m. in the evening on Wednesday, November 16, 2011 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 October 26, 2011 Ways and Means 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. Schuster and seconded by Mr. Gott to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-353 AUTHORIZING TRANSFER OF FUNDS – COUNTY HISTORIAN Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfer per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the Livingston County Administrator. Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTION NO. 2011-354 AMENDING 2011 LIVINGSTON COUNTY BUDGET – EMERGENCY MEDICAL SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Emergency Medical Services Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4014 2680 Insurance Recovery $410.00 Increase Appropriation A4014 4120 Motor Equipment $410.00 Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTION NO. 2011-355 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2626 Forfeiture of Crime Proceeds $5,000.00 Increase Appropriation A3110 4010 Confidential Exp./Task Force $5,000.00 And, Account Dept. Code Description Amount Increase Revenue A3150 4389 Federal-Other State Aid $30,000.00 Increase Appropriation A3150 2200 DP/Electronic/Comp. Equip. $30,000.00 Dated at Geneseo, New York October 26, 2011 Ways and Means Committee 286 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTION NO. 2011-356 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN A LEASE AGREEMENT WITH CORNELL UNIVERSITY FOR MILK TESTING BUILDING Mr. Pangrazio 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 lease agreement, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Cornell University 6/1/11 – 5/31/16 $400/month Charted by the State of New York Increasing 3% per year c/o Real Estate Department Box DH Ithaca, NY 14850 For: lease of land for milk testing building on Millennium Drive, Geneseo, New York Dated at Geneseo, New York October 26, 2011 Ways and Means Committee

RESOLUTION NO. 2011-357 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR FORECLOSURE SERVICES FOR LIVINGSTON COUNTY – PHILLIPS LYTLE Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston solicited a request for proposal for foreclosure services for Livingston County, and two proposals were received, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator: Contractor Amount Phillips Lytle $300.00 per title search plus fees 400 First Federal Plaza Rochester NY 14614 For: 2010 inrem foreclosure services with the option to extend for two one-year periods. Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTION NO. 2011-358 AUTHORIZING DIRECTOR TO ADD TAXES ON 2012 VARIOUS TOWN TAX ROLLS Mr. Pangrazio 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 2012 various town tax rolls, the following taxes as provided by the town assessors as listed on his report attached hereto: AMOUNT TOTAL OWNER & PARCEL TOWN ROLL TO BE LEVIED PER TOWN KOCH, Christian Avon Town $142.75 CROMWELL, Melinda County 409.55 385 North Avenue Total $552.30 Avon, NY 14414 Tax Map Number 24.14-1-9 OCTOBER 26, 2011 287

SWIS Code 242001 (prior owner: Ryan L. & Deborah A. Smith) FINEGAN, Damon F. Avon Town $104.10 328 Rochester Street County 302.96 Avon, NY 14414 Total $407.06 Tax Map Number 24.18-1-18 SWIS Code 242001 (prior owner: Sharon N. Leduc) (Anna T. Catanese – life use holder) MCGOWAN, Matthew J. & Avon Town $ 61.07 Taimergene E. County 174.54 304 Rochester Street Total $235.61 Avon, NY 14414 Tax Map Number 24.18-1-23.2 SWIS Code 242001 (prior owner: Frank & Bridget J. Piraino) GREER, Richard W. Avon Town $21.82 187 River Street County 60.58 Avon, NY 14414 Total $82.40 Tax Map Number 34.5-1-1.11 SWIS Code 242001 (prior owner: R. James Greer & Richard W. Greer) (former exemption holder: Ruby Greer) PERRY, Dale Avon Town $11.72 LOTURCO, Sarah County 32.53 38 Isham Avenue Total $44.25 Avon, NY 14414 Tax Map Number 34.5-1-42 SWIS Code 242001 (prior owner: Harland W. Stoddard) HAYES, Joni Avon Town $ 41.11 20 Valley Lane County 120.09 Avon, NY 14414 Total $161.20 Tax Map Number 34.6-3-63 SWIS Code 242001 (prior owner: Robert J. Quinn) BARBER, Shannon Avon Town $133.46 593 Collins Street County 383.48 Avon, NY 14414 Total $516.94 Tax Map Number 34.7-1-42.221 SWIS Code 242001 (prior owner: Robert L. & Mary Kate Kreger) BOERMAN, Elizabeth A. Avon Town $126.29 98 South Avenue County 368.30 Avon, NY 14414 Total $494.59 Tax Map Number 34.10-1-24 SWIS Code 242001 (prior owner: William L. & Virginia F. Power) (former exemption holder: Dora Fusco, life use) BURNHAM, Charles Avon Town $ 70.54 BERTOU, Brian County 203.79 233 Beaver Road Total $274.33 288 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Churchville, NY 14428 Tax Map Number 34.10-3-5 SWIS Code 242001 (prior owner: Household Finance Realty Corporation of NY) (former exemption holder: John M. & Patrice E. Clawson) RUTER, Robert P. & Jeanna L. Avon Town $ 54.15 445 High Acres County 150.36 Avon, NY 14414 Total $204.51 Tax Map Number 34.14-1-45 SWIS Code 242001 (prior owner: James K. & Patricia H. Clark) YOUNG, Christopher Avon Town $119.28 5 Carriage Lane County 348.47 Avon, NY 14414 Total $467.75 Tax Map Number 34.15-1-3.10 SWIS Code 242001 (prior owner: Bryan E. Bernfeld) BLAKENEY, Adam O. Avon Town $113.30 1709 Pole Bridge Road County 196.83 Avon, NY 14414 Total $310.13 Tax Map Number 34.11-2-7 SWIS Code 242089 (prior owners: Danielle F. Driscoll / John Fallon / Patricia Rees / Agnes McEvoy / Luke Stifflear) DAVIS FAMILY PARTNERSHIP Avon Town $ 47.17 502 Sycamore Street County 87.17 East Rochester, NY 14445 Total $134.34 Tax Map Number 42.-1-3.22 (NOTE: 3/1/2011 – Deleted and Split Parcel 42.-1-3.2) SWIS Code 242089 (prior owner: William D. Stromire) MANNIX, Kathleen M. Avon Town $123.58 2463 Avon-Geneseo Road County 214.69 Avon, NY 14414 Total $338.27 Tax Map Number 43.-1-8 SWIS Code 242089 (prior owner: Estate of Mary L. Sheflin) DEWOLF, Lynn Ann Avon Town $102.98 4731 Darby Road County 178.91 Avon, NY 14414 Total $281.89 Tax Map Number 44.5-1-19.1 SWIS Code 242089 (prior owner: Kenneth Francis Kessler / Lynn Ann DeWolf) (former exemption holder: Marjorie Hartford) BLOOD, Ronald P. & Bethann Avon Town $330.84 2968 Avon-Geneseo Road County 601.53 Geneseo, NY 14454 Total $932.37 Tax Map Number 53.-1-24.22 SWIS Code 242089 (prior owner: Stephen S. & Darlene M. Campbell) ORMAN, Robert D., Jr. Avon Town $132.82 $1,736.98 OCTOBER 26, 2011 289

2904 Garden Street County 239.46 4,073.24 Avon, NY 14414 Total $372.28 $5,810.22 Tax Map Number 55.-1-27 SWIS Code 242089 (prior owner: Marian E. Price) O’LEYAR, Janet G. Caledonia Town $ 43.56 102 Ellsinore Street County 217.39 Rochester, NY 14606 Total $260.95 Tax Map Number 7.8-2-44 SWIS Code 242201 (prior owner: Dawn Wells) (former exemption holder: Esther M. Wells) BURNETT, Jennifer A. Caledonia Town $ 32.41 MILLER, Dallas M. County 164.85 3196 Crescent Parkway Total $197.26 Caledonia, NY 14423 Tax Map Number 7.8-3-53 SWIS Code 242201 (prior owner: Timothy P. Irving) (prior owner: Barbara Anne Irving – life use holder) RIDDELL, Sean Owen Caledonia Town $ 33.09 3270 Ellen Place County 168.53 Caledonia, NY 14423 Total $201.62 Tax Map Number 8.9-3-3 SWIS Code 242201 (prior owner: Estate of Thomas J. McLernon) HILL, Kathleen A. Caledonia Town $ 18.74 3268 State Street County 95.48 Caledonia, NY 14423 Total $114.22 Tax Map Number 8.9-3-20 SWIS Code 242201 (prior owner: Beverly Woodgate) HISTED, Sean M. Caledonia Town $120.24 2386 LeRoy Caledonia Road County 205.05 Caledonia, NY 14423 Total $325.29 Tax Map Number 6.-1-26 SWIS Code 242289 (prior owner: Robert & Darlene Powers) SCHMIEDER, Catherine A. Caledonia Town $126.38 100 Wheatland Center Road County 205.66 Churchville, NY 14428 Total $332.04 Tax Map Number 8.-1-19 SWIS Code 242289 (prior owner: Geraldine Zimmer) KEROACK, Tammy Caledonia Town $101.88 824 Sand Hill Road County 173.29 Caledonia, NY 14423 Total $275.17 Tax Map Number 12.-1-33.4 SWIS Code 242289 (prior owner: Douglas Uberty) BENEDICT, Douglas J. & Arthur B. Caledonia Town $289.66 814 Quarry Road County 500.77 290 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Caledonia, NY 14423 Total $790.43 Tax Map Number 13.-1-80 SWIS Code 242289 (prior owner: Estate of Ruth V. Benedict) BRANDES. Richard J. Caledonia Town $280.32 2089 Black Street County 479.46 LeRoy, NY 14482 Total $759.78 Tax Map Number 20.-1-2.11 SWIS Code 242289 (prior owner: Estate of John J. Brandes) CHALKER, Steven Caledonia Town $ 98.24 $1,144.52 1065 Middle Road County 159.88 2,370.36 Caledonia, NY 14423 Total $258.12 $3,514.88 Tax Map Number 22.-1-9.2 SWIS Code 242289 (prior owner: Phyllis Snyder) DOMVILLE, Joyce Conesus Town $ 55.43 6612 Scenery Place County 65.14 Conesus, NY 14435 Total $120.57 Tax Map Number 102.-1-8 SWIS Code 242400 (prior owner: Estate of Dolores A. Bell) WESTER, Amy E. Conesus Town $ 8.33 6339 Railroad Avenue County 28.33 Conesus, NY 14435 Total $36.66 Tax Map Number 111.17-1-31 SWIS Code 242400 (prior owner: Estate of Rosemary Wester) BISHOP, Brett D. Conesus Town $202.46 6143 Marrowback Road County 235.19 Conesus, NY 14435 Total $437.65 Tax Map Number 112.-1-10.22 SWIS Code 242400 (prior owner: Cor Lubberts) MCCORMACK, Janis B. Conesus Town $155.58 6430 Stagecoach Road County 177.47 Conesus, NY 14435 Total $333.05 Tax Map Number 119.-1-44.115 SWIS Code 242400 (prior owner: William P. & Sandy J. Vogt) JEFFERS, Ira Poplar Conesus Town $127.90 $ 549.70 JEFFERS, Erica County 150.15 656.28 6327 Woodland Drive Total $278.05 $1,205.98 Conesus, NY 14435 Tax Map Number 120.-1-56.2 SWIS Code 242400 (prior owner: John L. & Linda L. Fritz) ADAMS, Catherine J. Geneseo Town $ 78.82 1 Northview Drive County 316.17 Geneseo, NY 14454 Total $394.99 Tax Map Number 80.12-4-50.211 SWIS Code 242601 OCTOBER 26, 2011 291

(prior owner: John L. & Rose M. Weaver) PENSCO TRUST COMPANY Geneseo Town $ 65.58 CUSTODIAN County 268.46 FBO GUY R. MATTHEWS IRA Total $334.04 GUY R. MATTHEWS 4138 West Lake Road Geneseo, NY 14454 Tax Map Number 81.9-1-2 SWIS Code 242601 (prior owner: Deborah Vonglis) WHITEHEAD, Mary K. Geneseo Town $ 304.22 7 Northview Drive County 1,177.61 Geneseo, NY 14454 Total $1,481.83 Tax Map Number 81.9-1-3 SWIS Code 242601 (prior owner: Ray E. & Kay E. Robinson) KENDALL, Christopher & Meghann Geneseo Town $ 84.87 16 Stuyvesant Manor County 348.86 Geneseo, NY 14454 Total $433.73 Tax Map Number 81.13-1-34 SWIS Code 242601 (prior owner: John Thomas Sr. & Deborah L. Spratt) (former exemption holder: Eleanor Spratt) FREIBURGER, L. Robert Geneseo Town $ 67.20 4 Tuscarora Avenue County 274.56 Geneseo, NY 14454 Total $341.76 Tax Map Number 81.17-1-19 SWIS Code 242601 (prior owner: Josephine Savino) PIRAINO, Peter J. Geneseo Town $ 31.12 11 Seminole Avenue County 127.48 Geneseo, NY 14454 Total $158.60 Tax Map Number 81.17-1-42 SWIS Code 242601 (prior owner: Estate of Peter R. Piraino) SHEFFIELD, Charles L. & Kathryn M. Geneseo Town $ 84.20 15 Seneca Avenue County 335.43 Geneseo, NY 14454 Total $419.63 Tax Map Number 81.17-2-49 SWIS Code 242601 (prior owner: Thomas & Leah Shaffer) BENNETT, Matthew Geneseo Town $174.14 5516 Triphammer Road County 429.64 Avon, NY 14414 Total $603.78 Tax Map Number 64.-1-18.1 SWIS Code 242689 (prior owner: Gail M. Chasey) ROSENSTIEL, Joe Geneseo Town $178.13 KITSON, Evelyn J. County 395.18 5514 Gray Road Total $573.31 Geneseo, NY 14454 Tax Map Number 73.-1-34.35 292 REPORT OF THE SUPERVISORS’ PROCEEDINGS

SWIS Code 242689 (prior owner: Austin R. Clar) MUSCARELLA, Cindy Lee Geneseo Town $238.92 5431 Reservoir Road County 530.04 Geneseo, NY 14454 Total $768.96 Tax Map Number 82.60-1-2 SWIS Code 242689 (prior owner: Gene Muscarella Trust) HOUGHTON, Britta Geneseo Town $101.72 4115 West Lake Road County 240.82 Geneseo, NY 14454 Total $342.54 Tax Map Number 83.21-1-8 SWIS Code 242689 (prior owner: Francis B. & Joanne Rooker) CARNEY, Arthur D. & Barbara J. Geneseo Town $123.97 5107 Warner Road County 299.49 Geneseo, NY 14454 Total $423.46 Tax Map Number 90.-1-17.2 SWIS Code 242689 (prior owner: Town of Geneseo) MITCHELL, Garald L. & Geneseo Town $ 98.45 $1,631.34 Linda K., Trust County 233.55 4,977.29 PO Box 1150 Total $332.00 $6,608.63 Vancouver, WA 98666 Tax Map Number 100.43-1-2.1 (NOTE: 3/1/2011 - Eliminated and Combined Parcels 100.43-1-2 and 100.43-1-3) SWIS Code 242689 (prior owner: Patricia M. Lubecki) DRUCE, Cedric H. Groveland Town $178.05 $178.05 59 Hilltop Road County 400.85 400.85 Basking Ridge, NJ 07920 Total $578.90 $578.90 Tax Map Number 100.75-1-12 SWIS Code 242800 (prior owner: John C. Clendenning & Patricia M. Thummel) VALENTINO, Michael J. Leicester Town $149.83 $149.83 2186 Leicester Road County 188.66 188.66 Leicester, NY 14481 Total $338.49 $338.49 Tax Map Number 87.-1-42 SWIS Code 243089 (prior owner: Robert S. & Nancy L. Olson) HURLBUT PROPERTY Lima Town $124.46 HOLDINGS, LLC County 329.18 BOWLEY, Mary D. Total $453.64 34 Stuyvesant Manor Geneseo, NY 14454 Tax Map Number 37.10-2-24 SWIS Code 243201 (prior owner/exemption holder: Mary J. Doran) PROPER, Lewis G. Lima Town $ 76.52 OCTOBER 26, 2011 293

BALCERAK, Laurie County 132.16 1567 Rochester Road Total $208.68 Lima, NY 14485 Tax Map Number 27.-2-32 SWIS Code 243289 (prior owner: Vincent Peter & Irene Marie Tollis) RUSSELL, Brandon & Stacy Lima Town $ 93.01 7105 Gale Road County 160.64 Lima, NY 14485 Total $253.65 Tax Map Number 27.-3-30 SWIS Code 243289 (prior owner: Estate of Earl B. Meyers) SERVIS, Gary C. & Margaret A. Lima Town $119.15 2423 Doran Road County 207.10 Lima, NY 14485 Total $326.25 Tax Map Number 48.-1-7.119 SWIS Code 243289 (prior owner: Mary B. Decker) FITZWATER, Luke Richard & Sarah Lima Town $ 381.46 6365 South Lima Road County 661.82 South Lima, NY 14558 Total $1,043.28 Tax Map Number 55.20-1-18 SWIS Code 243289 (prior owner: Marguerite Colyer) MCARDLE, Francis T., III Lima Town $297.00 $1,091.60 2675 Poplar Hill Road County 515.54 2,006.44 PO Box 558 Total $812.54 $3,098.04 Lima, NY 14485 Tax Map Number 56.-1-5 SWIS Code 243289 (prior owner: Jean C. LaBore) CIECIEREGA, Michelle M. Livonia Town $104.81 42 West Avenue County 245.16 Livonia, NY 14487 Total $349.97 Tax Map Number 74.16-1-3 SWIS Code 243401 (prior owner: Esther Baker) MILLER, Glenn Richard Livonia Town $ 68.40 113 Big Tree Street County 159.44 Livonia, NY 14487 Total $227.84 Tax Map Number 75.9-3-44 SWIS Code 243401 (prior owner: Dorothy Stewart) FIELD, Timothy Livonia Town $ 36.84 5437 Old Bald Hill Road N County 84.24 Hemlock, NY 14466 Total $121.08 Tax Map Number 75.13-1-35 SWIS Code 243401 (prior owner: Daniel L. Krisher / Michael D. Krisher Catherine M. Krisher {life tenant}) GUENTHER, Matthew M. Livonia Town $247.02 23 Pennsylvania Avenue County 365.33 294 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Avon, NY 14414 Total $612.35 Tax Map Number 65.-1-12.44 SWIS Code 243489 (prior owner: Catherine M. Smalling) EDWARDS, Nathan J. Livonia Town $ 443.04 PO Box 10 County 701.15 Livonia, NY 14487 Total $1,144.19 Tax Map Number 65.-1-22.116 SWIS Code 243489 (prior owner: Anthony J. D’Angelo) (former exemption holder: Stella L. D’Angelo) SLOAN, James C. Livonia Town $23.17 227 West Forrest Avenue County 37.13 Shrewsbury, PA 17361 Total $60.30 Tax Map Number 65.55-1-4 SWIS Code 243489 (prior owner: Clyde W. Sloan) MAIER, Jeanne M. Livonia Town $166.99 MOTHORPE, Ruth C. County 267.58 3474 Lakeville Park – PO Box 262 Total $434.57 Lakeville, NY 14480 Tax Map Number 65.63-1-40 SWIS Code 243489 (prior owner: Estate of Constance A. Mothorpe) CRAWFORD, Tara L. Livonia Town $128.13 3499 Pebble Beach Road County 200.73 Lakeville, NY 14480 Total $328.86 Tax Map Number 65.71-2-3 SWIS Code 243489 (prior owner: Dale R. & Kimberly A. Weiss) COWELL, Christopher S. & Effie Livonia Town $141.83 325 Utica Street County 220.99 Tonawanda, NY 14150 Total $362.82 Tax Map Number 65.72-1-10 SWIS Code 243489 (prior owner: Bruce E. & Sharon L. Dingledine) BEACH, Edward S., Sr. Livonia Town $ 59.66 BEACH, Cynthia K., Trustees County 88.24 NELSON, Cynthia A. Total $147.90 KIMBLE, Nancy R. 3794 Cluny Point Lakeville, NY 14480 Tax Map Number 74.-1-2.21 SWIS Code 243489 (prior owner: Ned {aka Edward S.} Beach) (former exemption holders: Richard S. & Mary S. Beach) DOERFLINGER, Douglas B. & Susan Livonia Town $296.62 3949 Graywood North County 467.59 Geneseo, NY 14454 Total $764.21 Tax Map Number 74.61-1-16.1 SWIS Code 243489 OCTOBER 26, 2011 295

(prior owner: Norman J. Morreale) SEBRING, Gerald J. & Leslie E. Livonia Town $ 90.92 6850 Coy Road County 145.69 Livonia, NY 14487 Total $236.61 Tax Map Number 76.-1-3.2 SWIS Code 243489 (prior owner: Donald M. & Margaret D. Brown) WEISER, Jerrold S. & Deborah A. Livonia Town $139.45 5801 Price Road County 217.46 Livonia, NY 14487 Total $356.91 Tax Map Number 83.-1-25.12 SWIS Code 243489 (prior owner: Mark Gerard & Christine M. Dries) PHILIPSON, Raymond & Edyth Livonia Town $145.99 4477 East Lake Road County 231.74 Livonia, NY 14487 Total $377.73 Tax Map Number 83.39-1-1 SWIS Code 243489 (prior owner: Henry B. Mitalski) MCCARRON, Timothy F. & Brenda R. Livonia Town $204.12 PO Box 159 County 320.59 Livonia, NY 14487 Total $524.71 Tax Map Number 83.54-2-6 SWIS Code 243489 (prior owner: Estate of Sheppard Arluck) MALONE, Frank A. Livonia Town $106.56 6787 Cleary Road County 168.83 Livonia, NY 14487 Total $275.39 Tax Map Number 84.-1-14 SWIS Code 243489 (prior owner: Blake L., III & Bonnie Jean Nickerson) WHEATON, Jeremy Livonia Town $148.46 5240 Backus Road County 230.79 Livonia, NY 14487 Total $379.25 Tax Map Number 92.-1-22.112 SWIS Code 243489 (prior owner: C. Joseph Kornbau) SCHLEIGH, Charles M. Livonia Town $29.23 6401 Coe Road County 46.83 Livonia, NY 14487 Total $76.06 Tax Map Number 93.-1-3.2 SWIS Code 243489 (prior owner: Sylvia C. McGuire) VanNORMAN, Larry L. Livonia Town $181.15 $2,762.39 6170 Cleary Road County 283.71 4,483.22 Livonia, NY 14487 Total $464.86 $7,245.61 Tax Map Number 93.-1-7.2 SWIS Code 243489 (prior owner: Arlene VanNorman) DRAKE, Nathaniel Mt. Morris Town $ 59.20 32 State Street County 135.90 Mt. Morris, NY 14510 Total $195.10 296 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Tax Map Number 106.14-2-15 SWIS Code 243601 (prior owner: Estate of Carmelo T. Andolina) TUCK, Drew W. Mt. Morris Town $ 98.43 PO Box 192 County 228.11 Mt. Morris, NY 14510 Total $326.54 Tax Map Number 106.17-1-3.3 SWIS Code 243601 (prior owner: Dominic A. & Mary G. Peraino) GUILIANO, Jason Mt. Morris Town $ 2.69 11 Cherry Street County 103.37 Mt. Morris, NY 14510 Total $106.06 Tax Map Number 106.18-3-4 SWIS Code 243601 (prior owner: Linda Jean Macaluso / Diana Elizabeth Gurak) (former exemption holder: Anabelle Shurtleff) BOYLE, Julia Ann Mt. Morris Town $ 82.82 8 William Street County 192.35 Mt. Morris, NY 14510 Total $275.17 Tax Map Number 106.18-3-39 SWIS Code 243601 (prior owner: Ruth O. Barney) CARNEY, Judith A. Mt. Morris Town $ 55.03 53 Hopkins Street County 127.81 Mt. Morris, NY 14510 Total $182.84 Tax Map Number 106.18-5-46 SWIS Code 243601 (prior owner: Estate of Minnie C. Zupparo) BEARD STREET WAREHOUSE, INC. Mt. Morris Town $239.39 204-207 VanDyke Street County 549.53 Brooklyn, NY 11231 Total $788.92 Tax Map Number 106.19-1-35.1 SWIS Code 243601 (prior owner: Celebrate! Family Church) (f/k/a Elim Gospel Church of Mt. Morris) FITZSIMMONS, Dorothea D. Mt. Morris Town $298.53 7019 Dutch Street Road County 367.60 Mt. Morris, NY 14510 Total $666.13 Tax Map Number 124.-1-22.113 SWIS Code 243689 (prior owner: Frances G. Tuttle) RAUTENSTRAUCH, Mt. Morris Town $ 612.23 Jeffrey J. & Jessica W. County 750.86 7523 Mt. Morris-Nunda Road Total $1,363.09 Mt. Morris, NY 14510 Tax Map Number 132.-1-31.1 SWIS Code 243689 (prior owner: Timothy J. Fonte) MARTIN, Tim & Tracey Mt. Morris Town $209.26 $1,657.58 1935 Brace Road County 256.55 2,712.08 Victor, NY 14564 Total $465.81 $4,369.66 OCTOBER 26, 2011 297

Tax Map Number 158.-1-31.111 SWIS Code 243689 (prior owner: Emeline Macomber) DALBERTH, Michael J. North Dansville Town $ 9.97 YORK-DALBERTH, Jamie L. County 27.44 277 Main Street Total $37.41 Dansville, NY 14437 Tax Map Number 189.18-2-12.1 SWIS Code 243801 (prior owner: Dean A. Henty / Sharon H. Harris/ Sandra H. Burgquist) (former exemption holder: Dorothy Henty) SHAVER, Robert C. & Beverly S. North Dansville Town $ 47.87 6 North Clinton Street County 140.33 Dansville, NY 14437 Total $188.20 Tax Map Number 189.19-1-45.1 SWIS Code 243801 (prior owner: Sherlee Keough) CLARKE, John H., Jr. & Lisa M. North Dansville Town $ 48.45 43 Maple Street County 142.05 Dansville, NY 14437 Total $190.50 Tax Map Number 203.6-1-2 SWIS Code 243801 (prior owner: Bruce Kenney / Barry Kenney Kim Kenney / Kay Fisher) (former exemption holder: Russell Kenney) HUBBARD, Jeffery J. North Dansville Town $ 76.58 116 Franklin Street County 224.51 Dansville, NY 14437 Total $301.09 Tax Map Number 203.6-1-47 SWIS Code 243801 (prior owner: Adrian F. Joy / Kathleen L. Godell) (former exemption holder: Sybil M. Joy) BRUSHAFER, Robert J. II & Jennifer North Dansville Town $114.77 35 Franklin Street County 332.98 Dansville, NY 14437 Total $447.75 Tax Map Number 203.6-2-46.111 SWIS Code 243801 (prior owner: Mary C. Welch) FLANNERY, Sean P. North Dansville Town $214.43 36 Battle Street County 617.78 Dansville, NY 14437 Total $832.21 Tax Map Number 203.6-2-58 SWIS Code 243801 (prior owner: Theresa M. Flannery) (former exemption holder: Mary Fenti) GARRISON, Thomas J. North Dansville Town $ 90.19 17 Health Street County 248.21 Dansville, NY 14437 Total $338.40 Tax Map Number 203.7-2-36 SWIS Code 243801 298 REPORT OF THE SUPERVISORS’ PROCEEDINGS

(prior owner: James P. & Margaret Martin) SNYDER, Matthew J. North Dansville Town $156.07 49 Elizabeth Street County 449.05 Dansville, NY 14437 Total $605.12 Tax Map Number 203.7-6-8 SWIS Code 243801 (prior owner: Edward W. Zimmer) WEAKLAND, Robert T. North Dansville Town $ 59.67 5 East Main Street County 172.57 Canisteo, NY 14823 Total $232.24 Tax Map Number 203.10-1-67 SWIS Code 243801 (prior owner: James H. & Connie C. Walker) QUIBELL, Richard G. North Dansville Town $105.43 27 Knox Street County 307.27 Dansville, NY 14437 Total $412.70 Tax Map Number 203.11-5-40 SWIS Code 243801 (prior owner: Elizabeth Gaiss) HOWE, Jerry L. North Dansville Town $ 90.24 10159 Sick Road County 264.56 Arkport, NY 14807 Total $354.80 Tax Map Number 203.11-5-51 SWIS Code 243801 (prior owner: James L. Howe) (former exemption holder: Mildred Howe) NICKERSON, Blake L. III & Bonnie J. North Dansville Town $ 408.07 9677 McWhorter Road County 810.80 Dansville, NY 14437 Total $1,218.87 Tax Map Number 203.-1-20.7 SWIS Code 243889 (prior owner: Mark A. & Janet L. Hough) EARNER, Amy E. North Dansville Town $215.97 10020 Greenmount Avenue County 423.35 Dansville, NY 14437 Total $639.32 Tax Map Number 203.20-1-29 SWIS Code 243889 (prior owner: Joseph J. Earner) ALIOTO, Paul North Dansville Town $216.63 $1,854.34 11501 Mendoleine Road County 428.71 4,589.61 Dansville, NY 14437 Total $645.34 $6,443.95 Tax Map Number 204.-1-25.1 SWIS Code 243889 (prior owner: Darby L. Leyden / Lori B. Scott) (former exemption holder: Helen L. Boyd) CASSIDY, Timothy J., Sr. & Brenda Nunda Town $139.83 62 East Street County 221.03 PO Box 404 Total $360.86 Nunda, NY 14517 Tax Map Number 184.9-3-59 SWIS Code 244001 OCTOBER 26, 2011 299

(prior owner: Ellen Thompson) BRADY, Brandon M. Nunda Town $128.33 4985 School Street County 122.80 Leicester, NY 14481 Total $251.13 Tax Map Number 171.-1-2 SWIS Code 244089 (prior owner: John C. & Louise E. Thomas) BUCHHOLZ, Stephanie A. Nunda Town $ 544.16 3861 Goose Hollow Road County 521.18 Dalton, NY 14836 Total $1,065.34 Tax Map Number 171.-1-24.115 SWIS Code 244089 (prior owner: Estate of Hazen E. Hynes) PALMER, Ronald D. Nunda Town $168.52 5328 Groveland Road County 161.26 Geneseo, NY 14454 Total $329.78 Tax Map Number 184.-1-2.21 SWIS Code 244089 (prior owner: Elaine M. Palmer) HENDERSHOT, Christopher M. Nunda Town $151.55 $1,132.39 PALMER, Mirandah L. County 145.46 1,171.73 9438 Nunda-Dalton Road Total $297.01 $2,304.12 Nunda, NY 14517 Tax Map Number 184.-1-48 SWIS Code 244089 (prior owner: Geraldine Gerace) SWYERS, T. Joseph Ossian Town $113.85 9596 Kenney Road County 82.88 Dansville, NY 14437 Total $196.73 Tax Map Number 200.-1-55 SWIS Code 244200 (prior owner: Ronald Hetrick) TASADDAQ, Hussain & Ayesha Ossian Town $491.53 4779 Christian Road County 359.50 Dansville, NY 14437 Total $851.03 Tax Map Number 201.-1-25.21 SWIS Code 244200 (prior owner: Keith C. & Gail S. Wing) BONJORNO, Russell J., As Trustee Ossian Town $265.61 $ 870.99 Of the Bonjorno Family Trust County 193.04 635.42 5228 Route 436 Total $458.65 $1,506.41 Dansville, NY 14437 Tax Map Number 202.-1-19 SWIS Code 244200 (prior owner: Estate of Russell & Ellen Jane Bonjorno) BEARDSLEY, Michael J. Portage Town $24.50 60 Ossian Street County 16.28 Dansville, NY 14437 Total $40.78 Tax Map Number 205.-1-7.1 SWIS Code 244400 (prior owner: Town of Portage) SCOTT, Benjamin D. & Larry E. Portage Town $506.59 $531.09 300 REPORT OF THE SUPERVISORS’ PROCEEDINGS

8572 Lawrence Gull Road County 336.53 352.81 Wayland, NY 14572 Total $843.12 $883.90 Tax Map Number 205.-1-8.21 SWIS Code 244400 (prior owner: Town of Portage) CRACKNELL, Robert W. & Shirley A. Sparta Town $208.75 7562 Logan Road County 261.97 Dansville, NY 14437 Total $470.72 Tax Map Number 148.-1-20.33 SWIS Code 244689 (prior owner: Diane E. Archer) GROVER, Nita Sparta Town $197.28 $406.03 9128 Culbertson Road County 244.31 506.28 Dansville, NY 14437 Total $441.59 $912.31 Tax Map Number 175.-1-53.12 SWIS Code 244689 (prior owner: John J. & Barbara Lee Pappas) BURR, Karen M. Springwater Town $142.74 MEHLENBACHER, Linda L. County 125.10 8116 Harpers Ferry Road Total $267.84 Springwater, NY 14560 Tax Map Number 151.-1-19.1 SWIS Code 244800 (prior owner: Larry E. Graham) (former exemption holder: L. Elwin Graham) STILES, John W., III Springwater Town $302.88 7859 Tabors Corners Road County 263.93 Wayland, NY 14572 Total $566.81 Tax Map Number 153.-1-12.3 SWIS Code 244800 (prior owner: Susanne Goll) SECRETARY OF Springwater Town $142.81 VETERANS AFFAIRS County 124.14 465 Main Street – 2nd floor Total $266.95 Buffalo, NY 14203 Tax Map Number 164.-1-11.2 SWIS Code 244800 (prior owner: David Orland Yarnes) KELLY, Matthew J. Springwater Town $161.70 $ 750.13 8139 Peglow Road County 140.97 654.14 Wayland, NY 14572 Total $302.67 $1,404.27 Tax Map Number 166.-1-15 SWIS Code 244800 (prior owner: Lee White / Sandra (Alexander) Shaw / Bren Jobe) SPEED, Marc R. West Sparta Town $329.67 $329.67 8261 Moore Road County 299.68 299.68 Mt. Morris, NY 14510 Total $629.35 $629.35 Tax Map Number 159.-1-9.5 SWIS Code 245000 (prior owner: Kit W. & Michiko Carpenter) OCTOBER 26, 2011 301

GORHAM, Kenneth A. York Town $ 55.75 3628 Fowlerville Road County 101.95 Caledonia, NY 14423 Total $157.70 Tax Map Number 42.-1-5 SWIS Code 245200 (prior owner: Clesson T. & Jane E. Oakes) MONTESANO, Joseph M. York Town $ 8.14 $ 63.89 PO Box 186 County 14.88 116.83 Avon, NY 14414 Total $23.02 $180.72 Tax Map Number 51.-1-14 SWIS Code 245200 (prior owner: Estate of Wilfred L. Hamblin)

GRAND TOTALS Town $16,840.52 County 30,194.92 Total $47,035.44 Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

RESOLUTION NO. 2011-359 ESTABLISHING RATIOS FOR THE YEAR 2011 Mr. Pangrazio presented the following resolution and moved its adoption: The Ways and Means Committee presents the following equalization ratios for each township of the County for the apportionment of the 2012 County Tax Levy: Avon 100.00 North Dansville 100.00 Caledonia 100.00 Nunda 100.00 Conesus 100.00 Ossian 94.00 Geneseo 100.00 Portage 100.00 Groveland 100.00 Sparta 100.00 Leicester 100.00 Springwater 100.00 Lima 100.00 West Sparta 100.00 Livonia 100.00 York 100.00 Mt. Morris 100.00 Dated at Geneseo, New York October 26, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,686; Noes - 0; Absent - Donohue, 66; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Board Donald Haywood 8103 S. Main Street, Springwater, NY 14560 Town of Springwater 9/1/11 – 8/31/13 Rita Wittig 10055 McNinch Road, Dansville, NY 14437 Town of Ossian 9/1/11 – 8/31/13

2. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE 302 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The County Administrator stated that the Board conducted the 2012 Budget Workshop on Monday, 10/24/11 at 10 AM and there was some good feedback from this meeting. He continues to fine tune the 2012 Budget and expects to submit the Tentative Budget to the Clerk of the Board sometime next week. He indicated the Board discussed the Home Rule measures that we are still lacking, revamping our efforts and reinvigorating that dialogue again to try to get some action from our State Legislators. He indicated we would be stepping up those efforts soon. For those that could not participate, an Agricultural Forum was held on Tuesday, October 25, 2011 as part of the Agricultural and Farmland Protection Board. Senator Gallivan and Assemblyman Sean Hanna participated in this forum along with representatives for Senator Young and Assemblyman Burling. There was approximately 35-40 in attendance. The County Administrator recognized Planning Director Angela Ellis and staff for doing a great job organizing this event. He indicated there were a lot of good exchange of ideas and general points made to the State Legislators in terms of the struggles that farmers have and trying to keep agriculture as the number one industry in the County. He stated there will be a report issued soon and everyone will get a copy. The County Administrator reported that at the Public Services meeting next week, 11/2/11, there is a presentation scheduled under the Economic Development Department of the efforts of the County and Greg O’Connell pertaining to the Village of Mt. Morris. He commented we recently had visitors from New York City who did a planning study on what we did and using it as a model. He encouraged the Supervisors to attend the Public Services meeting. 3. Lima Supervisor Yendell announced he attended a meeting with Major Chris Smith of the Sheriff’s Department and Major Smith asked Mr. Yendell to let the Supervisors know if they have any traffic control issues at special events or any issues with traffic control to contact Major Smith, and he will correct any situations that may exist.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, November 16, 2011 at 1:30 p.m. Carried.

The Board adjourned at 1:50 p.m. NOVEMBER 16, 2011 303

REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 16, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Gott (Livonia) and Mr. Davis (Portage).

PLEDGE OF ALLEGIANCE Avon Supervisor David LeFeber led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 10/26/11 Regular Meeting were approved as presented.

PUBLIC HEARING 1. PROPOSED LIVINGSTON COUNTY BUDGET FOR 2012 PURSUANT TO SECTION 359 OF COUNTY LAW – PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE 2. PROPOSED MODIFICATIONS OF LIVINGSTON COUNTY AGRICULTURAL DISTRICTS #1, #2 AND #4 Chairman Merrick declared the Public Hearings open and asked County Administrator Ian M. Coyle to present the 2012 Proposed Livingston County Budget.

Mr. Davis entered.

County Administrator Ian M. Coyle presented the 2012 Tentative County Budget.

County of Livingston Tentative Budget Presentation November 16, 2011 Introductions & Recognitions Chairman of the Board James C. Merrick Vice Chairman of the Board Gary D. Moore Ways and Means Committee Daniel L. Pangrazio, Chairman Eric R. Gott, Vice Chairman Dennis P. Mahus Thomas B. Baldwin William S. Wadsworth Financial Management Team Ian M. Coyle, County Administrator Carolyn Taylor, County Treasurer Terry Donegan, County Auditor Budget Support Staff Lisa Grosse, Administrative Assistant Dale Nieswiadomy, Director of ITS Michele Rees, Secretary to County Administrator

Goals for the 2012 Budget Process • Present a practical, responsible budget that delivers core county services in a cost-effective manner • Stabilize the tax rate • Comply with the provisions of the newly established property tax cap • Use conservative estimates

304 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Table of Contents 1. Current Financial Conditions 2. Tentative Budget Summary & Highlights 3. Fund Balances and 2012 Capital Budget 4. Looking Ahead 5. Closing Remarks

CURRENT FINANCIAL CONDITIONS Sales Tax Collections • 2011 actual returns will exceed budget • 2012 tentative budget shows some budget growth • Not budgeting actual growth - conservative

Trends and Indicators • Local unemployment rate is lower than state and national averages • Number of finalizing foreclosures in Clerk’s Office are down from 2010 levels • Real estate market – relatively stable • DSS caseloads – relatively stable • Fiscal uncertainty at State/Federal level

Impacts from New York State • Tax Cap (see Tax Cap slide) • Cost-shifts continue, particularly in Probation, Public Defense, Social Services, Community Colleges • NYS Retirement System (NYSRS) increases • STILL no action on Home Rule measures • Medicaid Takeover legislation introduced (S 5889-B ; A 8644) would provide immediate relief in 2012

Tax Cap Conundrum • Limits increase in levy to no more than 2% or rate of inflation as indicated by CPI calculation with specific, limited exclusions and growth factors. • Not a true 2%, but ((PY levy + PILOTS) X growth factor X 1.02) – Expected PILOTS + partial NYSRS exclusion = Max levy • 2012 budget purposes, Max levy increase = ~3.4% • Override Local Law process

TENTATIVE BUDGET SUMMARY & HIGHLIGHTS Tentative 2012 Budget Summary 2012 – Assessed Value $3,229,904,662; Tax Rate $7.68; % change Tax Rate 0.01%; % change Tax Levy 0.8254%

Tax Rate History - Ten Year Average Increase of 0.42%

2012 Tentative Budget Highlights • Proposed tax rate is stable ($7.68 – $7.68) • Some levy growth; Year-to-year impacts dependent upon changes in assessed valuation. • Funds all current services and programs • Level staffing ; No new positions • Total all-funds, fund balance usage lower than 2011 • Total all-funds spending down • Budget to budget impact of over $1.3 million for 2012 • Change in State revenue loss is $1,297,393 NOVEMBER 16, 2011 305

• Tax Levy and MMIS Match –The CNR does not have a direct tax levy support, which is a monumental achievement. The direct levy was $3.6 million and is zero now. There is still an MMIS contribution of $2.1 million.

FUND BALANCES & 2012 CAPITAL BUDGET Fund Balance Usage – 2012 Tentative Budget • The County’s Fund Balance position remains strong with prudent utilization in 2012 and healthy balances of projected unappropriated Fund Balance in the out years • Use in 2012 Tentative Budget ($3,623,656) –Tax Levy: $2,425,000 –Capital Investment: $500,000 –Highway: $350,000 –CNR: $348,656 • Why is Fund Balance important? 2011 Fiscal Year-End Surplus Estimates • The County is expected to achieve an operational surplus in the General Fund. 2012 Capital Budget Plan • Projected 2012 Capital Budget of $500,000 • Includes the following projects/transfers: –County Clerk Records Project: $150,000 • Convert all the remaining deed and mortgage books, associated index books and also the criminal and civil index books to digital format –Radio Communication: $250,000 • Transfer to E-911 Reserve for FCC-mandated mobile radio upgrades –Miscellaneous: $100,000 • Building restoration/Energy efficiency

LOOKING AHEAD Fiscal Futures / Action Plans • NYS budget gap – upcoming special session? • Long term NYSRS, Insurance rates are high • Continued fiscal uncertainty

A responsible action plan for 2012 includes: –“Don’t spend the allocated Fund Balance” –Commit to in-year budget oversight and containment –Press strongly – AGAIN - for Home Rule approval –Begin mandated/non-mandated review of all programs –Realize, but not budget, one-time revenues

Important Questions • What will be the long-term effects of the property tax cap? • Will we see more cost-shifts and unfunded mandates? • Will sales tax collections continue to show improvement? • Will we ever receive NYS authorization on our new taxes? • Will we see significant mandate relief in 2012?

CLOSING REMARKS Assurances This Budget is: • consistent with long-standing County budget goals, strategic plans and financial objectives. • structurally balanced and fiscally sound. 306 REPORT OF THE SUPERVISORS’ PROCEEDINGS

• not reliant on the use of one-time revenues. • the product of a team effort with important insight and participation by a dedicated team of top-notch Department Heads and staff.

Thank You •Special Thanks to the Board of Supervisors •Special Thanks to the Department Heads •Special Thanks to the County Workforce

Chairman Merrick asked Planning Director Angela Ellis to comment on Public Hearing #2 Proposed Modifications Of Livingston County Agricultural Districts #1, #2 and #4. Angela Ellis offered the following comments: Thank you Mr. Merrick. Good afternoon. As you may be aware, effective September 17, 2004, the New York State Agricultural and Markets Law was amended with Section 303-b, which allows for parcels to be added into Agricultural Districts on an annual basis. The Livingston County Board of Supervisors has designated the month of September as the thirty-day annual period for submission of petitions by landowners to join an existing Agricultural District. Comprised of 4 Districts, Livingston County currently has over 215,000 acres of land included in the County’s Agricultural District Program, which represents about 53% of our county’s land base. This year, 6 petitions for inclusion of predominantly viable agricultural land within a certified agricultural district were filed with the Livingston County Board of Supervisors. Pursuant to NYS Agricultural and Markets Law, the County Agricultural and Farmland Protection Board conducted its review of the petitions in October and determined that 3 parcels proposed for inclusion in the agricultural districts consist predominately of viable agricultural land, and that the inclusion of such land would serve the public interest by assisting in maintaining a viable agricultural industry within the agricultural districts. These parcels comprise a total of 75.73 acres and are located in the Towns of Groveland, Mount Morris, and York. Today’s public hearing is to allow public comment on the consideration of these petitions to modify Livingston County Agricultural Districts #1, #2 and #4 and the recommendation of the Agricultural and Farmland Protection Board. Thank you.

Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearings would remain open until the end of the meeting.

COMMUNICATIONS 1. The Town Bonded Indebtedness Report is due today. 2. Letter from Assemblyman Daniel J. Burling acknowledging receipt of Res. No. 2011-336 Urging Multi-Year State Takeover Of Local Share Of Medicaid. 3. Rusty Ehmann resigned from the Livingston County Water and Sewer Authority effective immediately, 11/7/11. 4. InterCounty Association of Western New York meeting will be held in Ontario County on Friday, November 18, 2011 at 9:30 AM at the New York Wine and Culinary Center, Canandaigua, NY. Registration $20.00. PROGRAM: Economic Development- Hazlitt’s Red Cat Cellars, Naples, NY 5. The County Administrator submitted the proposed 2012 Livingston County Budget on November 9, 2011. 6. You are invited to the Livingston County Traffic Safety Holiday Gathering at the Yard of Ale, Piffard, NY on Wednesday, December 7, 2011, 6:00 PM, dinner at 7:00 PM, $19.50 per person. RSVP by December 1 to Pattie Johnston, 245-3464.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-360 APPROVING ABSTRACT OF CLAIMS #11A – NOVEMBER 9, 2011 NOVEMBER 16, 2011 307

Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11A dated November 9, 2011 in the total amount of $1,820,517.39. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

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

MOTION FROM PUBLIC SERVICES COMMITTEE TO MOVE ORDER NO. 1 OF 2011 Motion made by Mr. Martello and seconded by Mr. Davis to move Order No. 1 of 2011. Carried.

ORDER OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS ESTABLISHING EXT. NO. 9 OF THE CONESUS LAKE COUNTY SEWER DISTRICT ORDER NO. 1 OF 2011 WHEREAS, following a public hearing duly called and conducted in accordance with Section 254 of the County Law, and based upon the evidence given thereat, the Board of Supervisors of the County of Livingston, New York duly adopted Resolution No. 2011-222 on June 8, 2011, determining in the affirmative all of the questions set forth in Section 256 of the County Law and approving the establishment of extension No.9A of the Conesus Lake County Sewer District in and for said County, subject to permissive referendum; WHEREAS, the period for the time for the submission of a valid petition requesting a referendum elapsed with no such petition having been filed; NOW, THEREFORE, BE IT ORDERED by the Board of Supervisors of the County of Livingston, New York, as follows: Section 1. The establishment of extension No. 9A of the Conesus Lake County Sewer District, is hereby authorized and approved, to be bounded and described as set forth in Appendix A attached hereto and made a part hereof. Section 2. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this Order to be recorded in the Office of the Clerk of the County of Livingston in accordance with the provisions of Section 259 of the County Law. Section 3. This Order shall take effect immediately.

APPENDIX A All that tract or parcel of land situate in the Town of Conesus, County of Livingston, State of New York, described as follows:

Beginning at a point on the centerline of Railroad Avenue on the south line of the existing Conesus Lake County Sewer District Extension No. 9; thence,

1. Northerly along the easterly line of the aforementioned existing sewer district and along the westerly line of tax account number 111.17-1-57, a distance of 522 feet, more or less, to a point; thence, 2. Easterly along a southerly line of the aforementioned existing sewer district and along the northerly line of aforementioned tax account number, a distance of 402 feet, more or less; thence, 3. Southerly along the easterly line of the aforementioned tax account number, a distance of 341 feet, more or less; thence, 4. Westerly along the southerly line of the aforementioned tax account number, a distance of 180 feet, more or less, to the southeasterly corner thereof; thence, 5. Southerly along the easterly line of the aforementioned tax account number, a distance of 135 feet, more or less, to a point; thence, 6. Westerly along the southerly line of the aforementioned tax account number, a distance of 20 feet, more or less, to a point; thence, 7. Southerly along the easterly line of the aforementioned tax account number, a distance of 45 feet, more or 308 REPORT OF THE SUPERVISORS’ PROCEEDINGS

less, to a point along the centerline of Railroad Avenue, 49.5 feet wide right-of-way; thence, 8. Westerly, along the southerly line of the aforementioned tax account number and along the centerline of Railroad Avenue, a distance of 111 feet, more or less, to a point along the aforementioned existing sewer district; thence, 9. Westerly, along the southerly line of the aforementioned existing sewer district and centerline of Railroad Avenue, a distance of 96 feet, more or less, to the point of beginning. District as described contains 4.06 acres of land, more or less. Dated at Geneseo, New York November 16, 2011

Town Supervisor Weighted Ayes Noes Abstain Absent Vote AVON DAVID L. LEFEBER 175 X

CALEDONIA DANIEL L. PANGRAZIO 126 X

CONESUS BRENDA B. DONOHUE 66 X

GENESEO WILLIAM S. WADSWORTH 247 X

GROVELAND JAMES C. MERRICK 107 X

LEICESTER GARY D. MOORE 64 X

LIMA J. PETER YENDELL 125 X

LIVONIA ERIC R. GOTT 195 X

MT. MORRIS CHARLES J. DIPASQUALE 126 X

N. DANSVILLE DENNIS P. MAHUS 157 X

NUNDA THOMAS B. BALDWIN 84 X

OSSIAN DOMENICK J. MARTELLO 21 X

PORTAGE IVAN C. DAVIS 24 X

SPARTA MARK J. SCHUSTER 46 X

SPRINGWATER NORBERT W. BUCKLEY 65 X

WEST SPARTA DOMINIC I. COSIMANO 34 X

YORK GERALD L. DEMING 90 X TOTAL 1,752 NEED 877 AYES 1,557 NOES ABSTAIN ABSENT 195 NOVEMBER 16, 2011 309

ADOPTED X LOST

The Order was thereupon declared duly adopted.

RESOLUTIONS RESOLUTION NO. 2011-361 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: ROBERTS WESLEYAN COLLEGE, NEW YORK STATE DEPARTMENT OF HEALTH (2), GLENN BAUGHMAN Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Roberts Wesleyan College Contractor Term Amount Roberts Wesleyan College 1/1/11 - 12/31/12 NA 2301 Westside Drive Rochester, NY 14624-1997 For: Clinical experience for nursing students New York State Department of Health 1/1/11 - 12/31/11 $368,034.00 Div. Family Health, Fiscal Unit Room 878, Corning Tower Bldg., ESP Albany, NY 12237-0657 For: Amendment to Title X Family Planning Contract New York State Department of Health 1/1/12 - 12/31/12 $346,463.00 Bureau of Maternal and Child Health Administration Unit, Room 878 Corning Tower, ESP Albany, NY 12237-0618 For: Title X Family Planning Contract Glenn Baughman 8/1/11 - 7/31/13 $62/visit 3518 Pole Bridge Rd. $25/meetings Geneseo, NY 14454 For: Occupational Therapy Services Dated at Geneseo, New York November 16, 2011 Human Services Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-362 AWARDING BID FOR THE COUNTY HIGHWAY DEPARTMENT – CONSTRUCTION CONTRACT, FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECTS, NYSDOT PIN 4753.86 (WILDCAT ROAD) & PIN 4753.87 (SWANSON ROAD), TOWN OF MT. MORRIS – RAMSEY CONSTRUCTORS, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a single construction contract for two (2) Federal/State-Aid Bridge Replacement Projects, NYSDOT PIN 4753.86 (Wildcat Road) and NYSDOT PIN 4753.87 (Swanson Road), Town of Mt. Morris, ten (10) bids were received and opened on October 28, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator, and be it further 310 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the Contract amount is subject to NYSDOT-Approved fuel, asphalt and steel escalation and de-escalation provisions. Contractor Term Amount Ramsey Constructors, Inc. 11/16/11 – 6/31/13 $1,324,095.55 5711 Gateway Park Lakeville, NY 14480 For: Construction Contract for two (2) Federal/State-Aid Bridge Replacement Projects, Wildcat Road & Swanson Road, Town of Mt. Morris. Not to exceed the amount shown, but subject to NYSDOT-Approved fuel, asphalt and steel escalation and de-escalation provisions. Dated at Geneseo, New York November 16, 2011 Public Services Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-363 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: C&S COMPANIES Mr. Deming 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 contract(s) for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount C&S Companies 11/14/11 - 1/31/13 not to exceed $103,000.00 150 State Street, Suite 120 Rochester, New York 14614 For: Consultant services for the Livingston County Transportation Connectivity Plan Project Dated at Geneseo, New York November 16, 2011 Public Services Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-364 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ELECTRONIC MONITORING SERVICES FOR THE LIVINGSTON COUNTY PROBATION DEPARTMENT– HOUSE ARREST SERVICES, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the County of Livingston solicited a Request for Proposal for electronic monitoring services for the Livingston County Probation Department, and two proposals were received, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with House Arrest Services, Inc., which is determined to be the most qualified to provide said services, subject to review by the County Attorney and County Administrator: Contractor Term Amount House Arrest Services, Inc. 11/1/11 - 10/31/14 per client for required services: 16039 E. 9 Mile Rd. Eastpointe, MI 48021 E3 Radio Frequency Landline Unit $2.50 per day For: Electronic Home Monitoring services E3 Radio Frequency Landline Units $4.10 per day MEMS 3000 VBR Alcohol Testing Units with Radio Frequency-Landline $4.50 per day MEMS 3000 VBR Alcohol Testing Units with Radio Frequency-Cellular $5.85 per day Dated at Geneseo, New York November 16, 2011 Public Services Committee NOVEMBER 16, 2011 311

The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-365 AUTHORIZING CONTRACTS TO HOUSE OUTSIDE INMATES AND SETTING THE DAILY BOARDING FEE AND RESCINDING RESOLUTION NO. 2011-246 Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby sets a rate of $100.00 per day to house federal inmates in the Livingston County Jail, and it is further RESOLVED, that the Livingston County Board of Supervisors hereby sets the rate of $85.00 per day to house outside county inmates in the Livingston County Jail, and it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the Livingston County Sheriff are authorized to sign contracts to house outside inmates incorporating the rates set forth herein; and it is further RESOLVED, that such contracts shall be executed prior to the admission of outside inmates into the Livingston County Jail and shall be subject to the approval of the Livingston County Administrator and Livingston County Attorney; and it is further RESOLVED, that resolution 2011-246 is rescinded. Dated at Geneseo, New York November 16, 2011 Public Services Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-366 AUTHORIZING TRANSFER OF FUNDS – OFFICE FOR THE AGING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfer per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the Livingston County Administrator. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-367 AMENDING 2011 LIVINGSTON COUNTY BUDGET – DEPARTMENT OF HEALTH Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4035 1602 Family Planning $23,000.00 TOTAL $23,000.00 Increase Appropriation A4035 2050 Office equipment $1,400.00 A4035 2200 DP equipment $3,300.00 A4035 4020 Training $1,000.00 A4035 4060 Office supplies $1,500.00 A4035 4200 Print/Ads $8,600.00 A4035 4440 Med. Supplies $7,200.00 TOTAL $23,000.00 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-368 AMENDING 2011 LIVINGSTON COUNTY BUDGET – EMERGENCY MEDICAL SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: 312 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLVED, that the 2011 Emergency Medical Services Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A4014 2680 Insurance Recovery $708.00 Increase Appropriation A4014 4120 Auto Repair/Supplies $708.00 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-369 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2770 Other unclassified $30,000.00 Increase Appropriation DM5130 4125 Diesel Fuel $30,000.00 And, Increase Revenue DM5130 2680 Insurance Recovery $4,998.76 Increase Appropriation DM5130 4127 Outside Repairs $4,998.76 And, Increase Revenue D5124 3591 State Highway Capital $1,633.02 D5124 4591 Federal Highway Capital $8,709.43 TOTAL $10,342.45 Increase Appropriation D5124 4170 Contract Expense $10,342.45 TOTAL $10,342.45 And, Increase Revenue D5118 3591 State Highway Capital $5,616.65 D5118 4591 Federal Highway Capital $29,955.44 TOTAL $35,572.09 Increase Appropriation D5118 4170 Contract Expense $35,572.09 TOTAL $35,572.09 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level.

RESOLUTION NO. 2011-370 AMENDING 2011 LIVINGSTON COUNTY BUDGET – OFFICE FOR THE AGING Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Office for the Aging Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A6774 4773 Federal Cash in lieu $386.00 Increase Appropriation A6774 4190 Agency Contract $386.00 And, Increase Revenue A6783 4772 Federal Revenue $3,513.00 Increase Appropriation A6783 4075 Data Processing $3,513.00 NOVEMBER 16, 2011 313

Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-371 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Office for the Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2680 Insurance Recovery $239.10 Increase Appropriation A3110 4127 Outside Repairs $239.10 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-372 AMENDING 2011 LIVINGSTON COUNTY BUDGET – WORKFORCE DEVELOPMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Workforce Development Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue J6298 4790 Federal Aid $18,560.00 TOTAL $18,560.00 Increase Appropriation J6298 4020 Travel $2,500.00 J6298 4025 Conference $1,300.00 J6298 4045 MLR $2,500.00 J6298 4055 Telephone $800.00 J6298 4060 Supplies $1,500.00 J6298 4075 Data $760.00 J6298 4076 Copier $1,100.00 J6298 4080 Professional Serv. $1,800.00 J6298 4531 Training $6,000.00 J6298 4533 Support $300.00 TOTAL $18,560.00 And, Increase Revenue J6298 4790 Federal Aid $35,600.00 TOTAL $35,600.00 Increase Appropriation J6298 1000 Personal Services $25,000.00 J6298 1950 Temporary Services $1,000.00 J6298 1951 Overtime $500.00 J6298 8100 FICA $2,500.00 J6298 8200 Retirement $5,000.00 J6298 8400 Worker’s Compensation $1,000.00 J6289 8500 Unemployment $600.00 TOTAL $35,600.00 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

314 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-373 AUTHORIZING LEASE WITH HARMONY CHILD CARE CENTER, INC. Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors finds that approximately 3,400 square feet located in the former Geneseo Skilled Nursing Facility is no longer necessary for Livingston County public purposes; and, be it further RESOLVED, that the Livingston County Board of Supervisors authorizes the Chairman of the Board to sign a lease with Harmony Child Care Center, Inc. for said 3,400 square feet in the former Geneseo Skilled Nursing Facility for a period of five years at $1,828.67 per month, increasing 3% yearly, said lease to be subject to the approval of the County Attorney and County Administrator. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-374 DECLARING SURPLUS PROPERTY – DISTRICT ATTORNEY Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: District Attorney Quantity Item Vin # 1 2001 Blue Audi A4 WAUDH68DX1A127223 Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-375 ADOPTING THE AMENDED DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF LIVINGSTON COUNTY Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Livingston County (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, Livingston County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Livingston County; WHEREAS, effective August 26, 2011 the Board amended the Model Plan to adopt provisions  Reorganizing and updating sections to improve the overall readability and eliminate unnecessary numerical references (annual limits) from the Model Plan document.  Including employer elections within the plan document including: suspension of deferrals following an unforeseeable emergency withdrawal, automatic distributions from small and inactive accounts, loan design parameters and Roth deferrals and in-plan conversions are permissive. The Model Plan document includes a Schedule A where the employer may indicate the election of one or more of these provisions.  Clarifying the first date a participant may make deferrals in compliance with Code Section 457(b) and timing requirements for any subsequent changes to deferral rates or allocations between pre-tax and after-tax deferrals.  Clarifying compensation available for deferral for purposes of calculating contributions and recognizes that employers use various methods in determining the order of deductions taken before a deferral percentage is applied.  Including provisions related to HEART Act of 2008 regarding treatment of differential pay and qualifying NOVEMBER 16, 2011 315

distributions for active military service in compliance with the HEART Act, including suspension of deferrals for six months following distribution.  Making technical recognition of the waiver of RMDs for 2009.  Clarifying that a beneficiary form must be received in good order to be considered valid.  Clarifying that the Model Plan will only accept rollovers from Eligible Retirement Plans comprised of pre-tax amounts and amounts may be rolled in by participants, beneficiaries (other than inherited accounts) and alternate payees. Model Plans may roll account balances out to Eligible Retirement Plans that include post-tax amounts if the receiving plan separately accounts for them.  Clarifying that a beneficiary of a deceased participant may roll a distribution directly to a Roth IRA, in addition to plan participants.  Including language allowing for future delivery of participant communications through electronic means, where appropriate.  Codifying that periodic and lump sum payments must be a minimum of $100 per payment, unless the Committee selects a different minimum, and sets a maximum annual number of partial distributions.  Clarifying that the $50,000 loan limit includes the highest loan value in the last twelve months from the Model Plan and other employer plans. Regarding participants who have defaulted on a Plan loan, subsequent loans would not be allowed until defaulted loan is repaid. Removes requirement that a participant must wait until the term of the original loan expires before applying for a new loan, assuming the defaulted loan is repaid.  Providing guidance on the handling of the receipt of special proceeds such as SEC settlements payable to former participants.  Allowing a surviving spouse beneficiary to name a beneficiary on their account.  Including the 5 year option for non-spousal beneficiaries to receive distributions and makes distribution rules consistent for pre- and post-age 70½ deaths.  Allowing earlier distributions due to severance of employment as long as a balance of $500 remains in the account for 45 days after a severance from employment.  Providing that outstanding loans from another New York state 457(b) plan may be allowed to be transferred or rolled in with a full account transfer.  Removing the Power of Attorney Language since the acceptance of a power of attorney is governed by State law and not required in the Model Plan document.  Clarifying the requirement that Committee actions must be taken at a public meeting in accordance with Article 7 of the Public Officers Law.  Limiting indemnification to Committee Members only. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, Livingston County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Livingston County by adopting the amended Model Plan. Now, therefore, be it RESOLVED, that Livingston County hereby amends the Deferred Compensation Plan for Employees of Livingston by adopting the amended Model Plan effective August 26, 2011, including the optional provisions in Schedule A, in the form attached hereto as Exhibit A. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-376 AMENDING THE 2011 AND 2012 DEPARTMENT HEAD SALARY SCHEDULE: DISTRICT ATTORNEY’S OFFICE Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 and 2012 Department Head Salary Schedules are amended as follows: District Attorney’s Office Create two full-time Assistant District Attorney positions. 316 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Delete two full-time Assistant District Attorney positions effective January 14, 2012. Dated at Geneseo, New York November 16, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-377 AMENDING THE 2011 DEPARTMENT HEAD SALARY SCHEDULE: PUBLIC WORKS DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Public Works Department Create one full-time Director of Operations position. Dated at Geneseo, New York November 16, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-378 AUTHORIZING DIRECTOR OF REAL PROPERTY TAX SERVICES TO APPLY CORRECTIONS FOR TAXES ON 2012 VARIOUS TOWN TAX ROLLS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Director of Real Property Tax Services has attached twenty-six (26) recommendations, applications and/or decisions (26) parcels to correct the various 2011-2012 School Tax Rolls (Real Property Tax Law Sections 550 and 554), and WHEREAS, the following corrections are hereby recommended for the 2012 Tax Rolls for the various towns in Livingston County, it is hereby RESOLVED, that the Director of Real Property Tax Services is authorized to apply these corrections to the 2012 tax rolls: 1. Town of Avon Owner: Genesee Valley Conservancy Tax Map Number: 43.-1-19 Reason for correction: The investigation found that this parcel should have been listed as wholly exempt. The taxable assessed value should be corrected from $2,000 to $0 wholly exempt Roll Section 8. 2. Town of Caledonia Owner: Russell W. Barber Tax Map Number: 7.-1-64 Reason for correction: The investigation found that the fire district was omitted from the 2011 final assessment roll. Caledonia Fire 1 FD221 was added. 3. Town of Conesus Owner: Raymond H. & Christine D. Walker Tax Map Number: 111.17-1-57 Reason for correction: The investigation found that this parcel should have been listed in the Conesus Lake County Sewer District with one improved unit. Conesus Lake County Sewer District SD244 CLCSD Ext 9A Imp. was added. 4. Town of Geneseo Owner: Brandon M. Brady Tax Map Number: 81.-2-48.12 Reason for correction: Removed WD264 Water District #1 Occupied with one unit. Added WD263 Water District #1 Vacant with zero units. This is an agricultural district parcel. 5. Town of Geneseo Owner: Gordon B. McClellan Robert McClellan, III Tax Map Number: 82.-2-34.111 Reason for correction: Removed WD264 Water District #1 Occupied with one unit. Added WD263 Water District #1 Vacant with zero units. This is an agricultural district parcel. 6. Town of Geneseo Owner: Seven Nations Stakes, Inc. Tax Map Number: 89.-1-5 Reason for correction: Added WD629 Water District #1 Ext 7 Occupied with one unit. 7. Town of Livonia NOVEMBER 16, 2011 317

Owner: Mark W. Beardsley Properties, LLC Tax Map Number: 74.12-1-14 Reason for correction: Total assessed value was corrected from $254,000 to $368,500. 8. Town of Livonia Owner: Peter W. Sear Tax Map Number: 74.-1-2.3 Reason for correction: Pursuant to an Article 7 agreement, the total assessment of this parcel was reduced from $479,400 to $430,000. 9. Town of Livonia Owner: David Wright Tax Map Number: 74.25-1-65 Reason for correction: The investigation found that this parcel should have received a 35% senior citizen exemption. This exemption should be applied, which will correct the taxable value from $311,900 to $202,735. 10. Town of Livonia Owner: Robert W. & Margaret Freudigman Tax Map Number: 83.47-1-12 Reason for correction: Owners voluntarily renounced veteran’s exemption. Removed 15% veteran’s exemption, the taxable assessed value changed from $324,900 to $345,900. 11. Town of Livonia Owner: Sharon L. Semon Tax Map Number: 83.-1-39.10 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $189,600 to $167,000. 12. Town of Livonia Owner: Douglas C. and Laurie E. Hepler Tax Map Number: 83.47-1-27 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $415,700 to $331,400. 13. Town of Livonia Owner: City of Rochester Tax Map Number: 85.-1-66.1 Reason for correction: Changed taxable status of parcel from wholly exempt Roll Section 8 to taxable Roll Section 1, exemption removed. 14. Town of Livonia Owner: Hemlock Fire Department, Inc. Tax Map Number: 85.10-1-35 Reason for correction: Parcel acquired December 14, 2010, which exempts parcel as of that date. Taxable value corrected from $8,300 to $0. 15. Town of Livonia Owner: Hemlock Fire Department, Inc. Tax Map Number: 85.10-1-37 Reason for correction: Parcel acquired December 14, 2010, which exempts parcel as of that date. Taxable assessed value corrected from $40,800 to $0. 16. Town of Mt. Morris Owner: Ralph R. Mowry, Trustee c/o Olin C. Mowry Tax Map Number: 132.-1-19.12 Reason for correction: Total assessed value and taxable value corrected from $116,400 to $6,300. 17. Town of North Dansville Owner: Christopher R. Lynn and Terry LeBar Lynn Tax Map Number: 203.16-1-39.21 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $128,900 to $115,000. 18. Town of North Dansville Owner: Miller Media, Inc. Tax Map Number: 213.-1-64.2 Reason for correction: The investigation found this parcel was combined with another parcel. Parcel was deleted. 19. Town of Ossian Owner: Nancy Walker Smith and W. James Smith Tax Map Number: 211.-1-24.1 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $105,000 to $87,000. 20. Town of Ossian 318 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Owner: Robert J. & Marilynn J. Carter Tax Map Number: 212.-1-9.3 Reason for correction: The investigation found that the fire district was omitted from the 2011 final assessment roll. Ossian Fire 1 FD421 was added. 21. Town of Ossian Owner: State of New York Tax Map Number: 333.-42-3 Reason for correction: Transition assessment corrected to $11,970 for Town purposes. 22. Town of Ossian Owner: State of New York Tax Map Number: 333.-42-4 Reason for correction: Transition assessment corrected to $11,970 for Fire purposes. 23. Town of Portage Owner: The People of the State of New York Tax Map Number: 205.-1-4.1 Reason for correction: Changed taxable status of parcel from taxable Roll Section 1 to wholly exempt Roll Section 8. Taxable assessed value corrected to $0. 24. Town of Springwater Owner: People of the State of New York Tax Map Number: 141.-1-33.115 Reason for correction: Parcel acquired March 24, 2011, which exempts parcel as of that date. Taxable assessed value corrected from $178,300 to $0. 25. Town of West Sparta Owner: Virginia M. Nicastle Tax Map Number: 173.-1-8.21 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $165,300 to $159,000. 26. Town of West Sparta Owner: Charles & Barbara Taft Tax Map Number: 188.-1-11 Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $150,800 to $125,000. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

RESOLUTION NO. 2011-379 DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES AND UNPAID SEWER CHARGES ON 2012 TAX ROLLS - LIVINGSTON COUNTY WATER & SEWER AUTHORITY Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Livingston County Water and Sewer Authority, pursuant to Section 1199-yyyy(2) of the Public Authorities Law, has provided to the Board a statement of unpaid sewer and water charges in the district serviced by the Livingston County Water and Sewer Authority, and WHEREAS, such statement of unpaid charges is on file with the Clerk to the Board, now, therefore, be it RESOLVED, that pursuant to said Section 1199-yyyy(2) of the Public Authorities Law, the Real Property Tax Director is hereby authorized and directed to levy the sums stated in said statement against property liable, and state the amount of the charge in a separate column in the 2012 annual tax rolls of the County under the heading "Water Charge" or "Sewer Disposal Charge," as applicable, and to pay such amounts, excluding penalties and interest, to the Livingston County Water & Sewer Authority. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,557; Noes - 0; Absent – Gott, 195; Adopted.

CLOSE PUBLIC HEARINGS Chairman Merrick asked if anyone wished to comment regarding the public hearings. No one wished to speak. The Chairman asked if any Supervisor wished to comment. NOVEMBER 16, 2011 319

Ossian Supervisor Domenick Martello stated on behalf of all the Supervisors, he thanked the County Administrator, all the Department Heads and all the County employees whose efforts have enabled us to come up with a budget that certainly meets all of our goals. He indicated he believes this budget will be seen as very positive for all the residents of Livingston County. He stated thanked everyone. Chairman Merrick also thanked everyone and echoed Mr. Martello’s remarks, and thanked the Board of Supervisors, Department Heads and the County Administrator. He stated he can remember at a past Department Head meeting when Dominic Mazza was County Administrator, we had a similar fund balance as we have now, and one of the Department Heads asked “How long are we going to have that fund balance?” Mr. Mazza responded as long as I am County Administrator, and Chairman Merrick stated our current County Administrator is headed down the same road. The Chairman declared the public hearings closed.

RESOLUTIONS cont. RESOLUTION NO. 2011-380 ADOPTING SEQR NEGATIVE DECLARATION FOR ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of viable agricultural land within a certified agricultural district prior to the county established review period; now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors does hereby determine that the addition of parcels to existing Agricultural Districts is an Unlisted Action pursuant to the State Environmental Quality Review Act; and, be it further RESOLVED, that it is hereby determined that the addition of parcels to existing Agricultural Districts will not have a significant effect on the environment, and that a Draft Environmental Impact Statement will not be prepared. Dated at Geneseo, New York November 16, 2011 Public Services Committee Mt. Morris Supervisor Charles DiPasquale asked for permission to abstain from Res. No. 2011-380 and 2011-381 due to a litigation. Mr. Moore moved and Mr. Schuster seconded to authorize Supervisor DiPasquale to abstain from voting as requested. Carried. The roll was called as follows: Ayes - 1,431; Noes - 0; Abstain - DiPasquale, 126; Absent - Gott, 195; Adopted.

RESOLUTION NO. 2011-381 APPROVING ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of predominantly viable agricultural land within a certified agricultural district prior to the county established review period; and WHEREAS, upon recommendation of the Agricultural & Farmland Protection Board, the Livingston County Board of Supervisors established the month of September as the 30-day period in which landowners may petition Livingston County for the inclusion of parcels within existing agricultural districts; and WHEREAS, Livingston County received six petitions for inclusion of land within an existing agricultural district; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board determined that three parcels proposed for inclusion in the agricultural districts consist predominately of viable agricultural land, and that the inclusion of such land would serve the public interest by assisting in maintaining a viable agricultural industry within the agricultural districts; and WHEREAS, the Agricultural & Farmland Protection Board recommended inclusion of three parcels in Agricultural Districts #1, #2, and #4 as predominantly viable agricultural land, including parcels #100.-1-22.11 in the Town of Groveland, #143.-1-3.1 in the Town of Mount Morris, and #51.-1-46.11 in the Town of York; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on November 16, 2011; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental 320 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Quality Review Act, that the proposed action will not have a significant impact on the environment; now, therefore, be it RESOLVED, that the Board of Supervisors does hereby approve the inclusion of three parcels in Agricultural Districts #1, #2, and #4 as predominantly viable agricultural land, including parcels #100.-1-22.11 in the Town of Groveland, #143.-1-3.1 in the Town of Mount Morris, and #51.-1-46.11 in the Town of York. Dated at Geneseo, New York November 16, 2011 Public Services Committee The roll was called as follows: Ayes - 1,431; Noes - 0; Abstain - DiPasquale, 126; Absent - Gott, 195; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Board Holly Adams 607 Stilson Road Hunt, NY 14856 Town of Portage 8/31/13

EXECUTIVE SESSION Motion made by Mr. Pangrazio and seconded by Mr. DiPasquale that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing information regarding pending litigation; and that James C. Merrick act as Chairman, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle, County Attorney David J. Morris, and County Treasurer Carolyn Taylor 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 regarding pending litigation, hereby reports as follows: No action taken. Dated November 16, 2011 James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Pangrazio and seconded by Mr. Wadsworth that the Report of the Executive Session be accepted. Carried.

OTHER BUSINESS 1. Lima Supervisor Yendell announced he had a conversation with Major Christopher Smith and the Major wanted the Board to be aware that the Sheriff’s Department has a new traveling message center with a camera. Mr. Yendell stated if any Supervisor is interested in borrowing this to advertise events in their town, they should contact Major Smith.

ADJOURNMENT UNTIL 7:00 P.M. Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until 7:00 p.m. Carried.

The Board adjourned at 2:21 p.m.

LIVINGSTON COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 16, 2011 7:00 P.M.

ROLL CALL The roll was called showing all members present except Mr. Davis (Portage) and Mr. Buckley (Springwater).

PUBLIC HEARING – 7:00 PM NOVEMBER 16, 2011 321

1. PROPOSED LIVINGSTON COUNTY BUDGET FOR 2012 PURSUANT TO SECTION 359 OF COUNTY LAW – PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE Chairman Merrick declared the Public Hearing open and asked County Administrator Ian M. Coyle to present the 2012 Proposed Livingston County Budget. County Administrator Ian M. Coyle asked the Board if they had any questions and there were none. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. Chairman of the Ways and Means Committee/Caledonia Supervisor Daniel Pangrazio commended the County Administrator and Department Heads for developing the 2012 County budget and commented that it is a budget we can be proud of. Conesus Supervisor Brenda Donohue stated it is a pleasure to be a part of Livingston County. Chairman Merrick thanked the Department Heads and the County Administrator for putting together a well- groomed 2012 County budget.

CLOSE PUBLIC HEARING Chairman Merrick again asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman declared the public hearing closed.

RESOLUTIONS RESOLUTION NO. 2011-382 ADOPTING BUDGET FOR FISCAL YEAR 2012 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Proposed Budget for the County of Livingston for the year 2012 is hereby approved and adopted as the final budget for the County of Livingston for the year 2012. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent – Davis, 24; Buckley, 65; Total 89; Adopted.

RESOLUTION NO. 2011-383 AUTHORIZING APPROPRIATION OF 2012 ADOPTED BUDGET Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the adopted Livingston County Budget for the year 2012, be appropriated by the County Treasurer and shall be classified by funds and administrative units as set forth in said budget. Dated at Geneseo, New York November 16, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,663; Noes - 0; Absent – Davis, 24; Buckley, 65; Total 89; Adopted.

ADJOURNMENT Motion made by Mr. Wadsworth and seconded by Mr. Pangrazio to adjourn until Wednesday, December 14, 2011 at 1:30 p.m. Carried.

The Board adjourned at 7:04 p.m.

322 REPORT OF THE SUPERVISORS’ PROCEEDINGS

REGULAR BOARD MEETING WEDNESDAY, DECEMBER 14, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Wadsworth (Geneseo).

PLEDGE OF ALLEGIANCE Mt. Morris Supervisor Charles DiPasquale led the Pledge of Allegiance.

APPROVAL OF MINUTES 1. Minutes of 11/16/11 Regular Meeting were approved as presented.

COMMUNICATIONS 1. Livingston County Water and Sewer Authority 2012 Budget is on file. 2. Thank you note from John Driscoll for appointing him as the Buildings and Grounds Foreperson at the Mt. Morris Campus. 3. You are invited to the Livingston County Area Chamber of Commerce 41st Anniversary Annual Membership Meeting and Community Luncheon honoring Nita Hawkins, Coordinator of Livingston County Workforce Development and Youth Bureau, Wednesday, December 14, 2011, 12:00 to 1:45 PM at the Valley Oak Event Center, Geneseo, NY. 4. Letter from Assemblyman Sean T. Hanna in response to Chairman Merrick’s letter requesting authority for counties to an enhanced level of standard authority to establish local revenues without prior approval from the New York State Legislature. 5. The 2011 Household Hazardous Waste/Pharmaceutical Collection Project Final Report and Executive Summary are on file. 6. Thank you note from Livingston County Hospice for donation in memory of former West Sparta Supervisor Clarence Sahrle. 7. NYSAC Legislative Conference will be held at the Desmond Hotel & Conference Center, Albany, New York, January 30 through February 1, 2012. If you are interested in attending the conference, please let the Clerk know as soon as possible. 8. Notification from State of New York Department of Agriculture and Markets that the inclusion of predominantly viable agricultural land as proposed to modify Livingston County Agricultural District No. 1, No. 2 and No. 4 is feasible. 9. Notification from State of New York Office of the State Comptroller acknowledging receipt of Order No. 1 – Extending Conesus Lake County Sewer District Ext. 9A.

INTRODUCTION OF LOCAL LAWS 1. LOCAL LAW NO. H - 2011 COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2012 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 $550.00. Section 2. Effective as hereinafter provided, the annual salary of the Commissioner of Social Services shall be increased by $1,500.00. Section 3. Effective as hereinafter provided, the annual salary of the Director of Real Property Tax Services shall be increased by $675.00. Section 4. Effective as hereinafter provided, the annual salary of the County Clerk shall be increased by $850.00. Section 5. Effective as hereinafter provided, the annual salary of the County Highway Superintendent shall be increased by $850.00. Section 6. Effective as hereinafter provided, the annual salary of the County Attorney shall be increased by $1,075.00. DECEMBER 14, 2011 323

Section 7. Effective as hereinafter provided, the annual salary of the County Auditor shall be increased by $725.00. Section 8. Effective as hereinafter provided, the annual salary of the Public Defender shall be increased by $900.00. Section 9. All salaries set forth herein shall be effective as of January 1, 2012. Section 10. 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 11. This Local Law is subject to permissive referendum. Dated at Geneseo, New York December 14, 2011 (introduced)

2. LOCAL LAW NO. I - 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON LOCAL LAW NO. I - 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON Be it enacted by the Board of Supervisors of the County of Livingston as follows: SECTION ONE – The Livingston County Board of Supervisors hereby adopts the following as the Sanitary Code of the County of Livingston: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS Section 1. Title. 1.1 The rules and regulations herein contained shall be known as the “Livingston County Sanitary Code.” Section 2. Definitions. Whenever used in this Code, unless otherwise expressly stated or the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: 2.1 “Board of Health” shall mean the Board of Health of Livingston County. 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Complaint” shall mean a written or oral allegation by one party against another. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Permit” shall mean written approval to engage in specific activities regulated by the Sanitary Code. 2.6 “Persistent Noncompliance” (PNC) occurs when a regulated entity violates provisions of the Public Health Law, State Sanitary Code or Sanitary Code on more than two (2) site visits or inspections during the course of a calendar year. 2.7 “Person” shall mean an individual, group of individuals, partnership, firm, corporation, association, county, city, town or village or improvement district. 2.8 “Public Health and Health Planning Council” shall mean the Public Health and Health Planning Council of the New York State Department of Health. 2.9 “Public Health Law” shall mean an act in relation to public health, constituting chapter forty-five of the consolidated laws. 2.10 “Repair Orders” shall mean a document issued by the Chief Executive Officer that directs an owner or operator to make repairs to a piece of equipment, structure, system, or item that is identified as being necessary to prevent the occurrence of a condition that could result in a public health hazard, Public Health Nuisance, or result in the release of Offensive Materials. The Repair Order shall identify the equipment, structure, system or item in need of repair, set a timeframe for completion of the repair, and indicate acceptable evidence that the repair has been completed, such as providing a receipt or bill of sale from an established vendor capable and qualified to make the required repairs. 324 REPORT OF THE SUPERVISORS’ PROCEEDINGS

2.11 “Sanitary Code” shall mean and comprise the Rules and Regulations now or hereinafter formulated, promulgated, and adopted by the Board of Health of Livingston County pursuant to Section 347 of the New York State Public Health Law. 2.12 “State Sanitary Code” shall mean the sanitary code established by the Public Health and Health Planning Council of the State of New York. 2.13 “Violation” shall mean non-compliance or non-conformance with any provision of the Sanitary Code, State Sanitary Code or Public Health Law. Section 3. Sanitary Code. 3.1 The provisions of the Sanitary Code shall be in force throughout Livingston County. Unless otherwise required by the New York State Public Health Law or the State Sanitary Code, the enforcement of provisions of the Sanitary Code shall be subject to the restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York. The restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York shall also apply to persons actively engaged in farming operations on land not located within an agricultural district. Section 4. Interference with Notices. 4.1 No person shall remove, mutilate, or conceal any notice or placard of the Department of Health posted in or on any premises or public place except by permission of the Chief Executive Officer. Section 5. Special Provisions. 5.1 The regulations of this code shall be supplemental to the regulations, rules and orders of the Applicable Parts of the State Sanitary Code, Public Health Law, and other New York State Laws relating to public health. Section 6. Inspections. 6.1 All premises covered by the regulations of the Sanitary Code located in Livingston County shall be subject to inspection by the Chief Executive Officer or duly authorized representative. Inspections may include but not be limited to investigations, observations, interviews, review of written materials and collection of samples and testing. 6.2 No person shall refuse to allow the Chief Executive Officer or duly authorized representative to fully inspect any and all premises and no person shall molest or resist the Chief Executive Officer or duly authorized representative in the discharge of their duties. Section 7. Permits. 7.1 Applications - All applications for permits or written approval herein required shall be made upon forms prescribed and furnished by the Department of Health, and shall be signed by the applicant, who shall be the person responsible for compliance with the conditions of the permit or approval applied for, or legally authorized agent thereof. Such application shall contain or have attached thereto such date, information, documents and plans as may be required. 7.2 Permits; Nontransferable - A permit issued to a particular person or for a designated place, purpose, or vehicle shall not be valid for use by any other person, or for any other place, purpose or vehicle than that designated therein. 7.3 Permits; Conditions - Such permits or written approvals may contain general and specific conditions and every person who shall have obtained a permit or written approval, as herein required, shall conform to the conditions prescribed in said permit or written approval and to the provisions of the Sanitary Code. Each such permit shall expire on the date stated in the permit or until revoked, and may be renewed or extended by the Chief Executive Officer after due notice and review, or temporarily suspended pending a hearing. Notwithstanding the foregoing provisions, in the event that any of the terms, conditions and provisions of a permit issued or written approval granted is or may subsequently be less restrictive than the Public Health Law or the State Sanitary Code, then the more restrictive provisions of the Public Health Law or State Sanitary Code shall govern. 7.4 Permits; Property of the Department of Health - All permits issued hereunder shall remain the property of the Department of Health and shall, on demand, be surrendered to an authorized representative of the Department of Health, whenever any such permit expires, is suspended or revoked. Permits shall be posted conspicuously on the premises or carried in the vehicle for which they are issued and shall be produced on request of the Chief Executive Officer, or duly authorized representative. 7.5 Permits; Authority Not to Renew – Notwithstanding any other provision of law, the Department of Health shall not be required to issue and/or renew any license, permit or certificate of qualification, authority or operation of DECEMBER 14, 2011 325

any business, individual or other entity if such business, individual or other entity has failed to pay any outstanding fees, civil fines or penalties assessed by the Department of Health or Board of Health for licensing or regulatory matters or is in Persistent Noncompliance. Section 8. Fees. 8.1 The Board of Health may determine and set fees for any permits issued or services provided by the Department of Health, subject to approval by the Livingston County Board of Supervisors. The fee shall be set to defray the cost of services provided in connection with the permit issued. 8.2 All fees shall be payable to the Livingston County Department of Health. Section 9. Separability Clause. 9.1 In the event that any section, paragraph, sentence, clause or phrase of this Sanitary Code shall be declared unconstitutional or invalid for any reason, the remainder of said Sanitary Code shall not be affected thereby and shall remain in full force and effect. ARTICLE II - SEWAGE TREATMENT—INDIVIDUAL SYSTEMS Section 1. Applicability. 1.1 This article shall apply to the construction and maintenance of all individual sewage treatment systems located within Livingston County which are designed and installed to discharge sewage without admixture of industrial or other waste to the ground waters of New York State, from a dwelling designed to house less than three families, or any other establishment from which the sewage flow is determined to be less than one thousand gallons per day. Section 2. Definitions. 2.1 “Individual Sewage Treatment System” means a complete or incomplete system of piping, tanks and other facilities for the on-site collection, treatment and disposal of sewage, or other liquid wastes into the soil of one or more parcels of land (applicability defined in Section 1). 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Community Sewerage System” shall mean a system utilized for the collection and disposal of sewage or other waste of a liquid nature, including the various devices for the treatment of such waste serving more than one (1) lot whether owned by a municipal corporation or private utility. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Director” shall mean the Director of the Center for Environmental Health of the Livingston County Department of Health. 2.6 “Part 75” will remain Part 75 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. 2.7 “Sewage” means human excreta or the water-carried discharge of the human body and/or the liquid wastes from residences, businesses, recreation or trade establishments or other places, without the admixture of industrial or other wastes. It is understood that sewage in this article refers only to those effluents from premises not required to have New York State Department of Environmental Conservation approval. The Livingston County Department of Health may require written verification of New York State Department of Environmental Conservation jurisdiction. 2.8 “State Standards” shall mean Appendix 75-A, Wastewater Treatment Standards—Individual Household Systems, pursuant to the authority vested in the New York State Commissioner of Health by Section 201(1)(1) of the Public Health Law. Section 3. Disposal Requirements. 3.1 No person shall discharge, or permit or cause to be discharged untreated sewage, the overflow effluent or contents of a septic tank, or other putrescible, impure, or offensive wastes into an abandoned well, sink hole, 326 REPORT OF THE SUPERVISORS’ PROCEEDINGS

crevice or opening extending into limestone, sandstone, or other rock or shale formation, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or onto the surface of the ground, unless otherwise permitted by the New York State Department of Environmental Conservation. 3.2 Where no approved community sanitary sewerage system is available, each residence provided with a water supply, plumbing fixtures, or with a receptacle to create a sanitary flow, shall be equipped with an individual sewage treatment system. Greywater systems shall not be excluded. 3.3 No permits for construction or repair of an individual sewage treatment system shall be issued for property accessible to a public or municipal sanitary sewerage system. 3.4 Any person who is engaged, in whole or part, in the business of installing septic tanks or private sewage treatment systems shall obtain approval from the Department of Health in accordance with the provisions of Section 9 of this Article. The application for such registration and approval shall be on a form prescribed and furnished by the Director. Any person who installs septic tanks or individual sewage treatment systems and who fails or refuses to register and obtain approval shall be in violation of the Sanitary Code and shall be subject to the penalties set forth in Section 4, Article I of the Sanitary Code. Any sewage treatment system installed by a non-approved installer will not be approved by the Department of Health. Section 4. Installation Permit. 4.1 The property owner or designated agent shall make application for a permit to the Chief Executive Officer for construction or installation of an individual sewage treatment system prior to the start of work. 4.2 The applications shall be made in writing on a form prescribed by the Chief Executive Officer and shall contain all pertinent information relative to the location, construction and installation of an individual sewage treatment system and any other information required by the Chief Executive Officer. 4.3 For all new individual sewage treatment systems, plans prepared by a licensed professional engineer, licensed architect or such other licensed professional deemed qualified by the New York State Education Department to design septic systems, shall be submitted to the Department of Health for review and approval, in accordance with the State Standards. A licensed professional engineer or licensed architect may be required for designing repairs to an existing individual sewage treatment system if deemed necessary by the Chief Executive Officer or designee. 4.4 No person shall construct, install, or modify an individual sewage treatment system within Livingston County without having filed for and received a written permit from the Chief Executive Officer. 4.5 An individual sewage treatment system shall be constructed or installed within two years from the date of issuance of the permit therefore except as provided in subdivision 4.6 of this section. If the individual sewage treatment system has not been constructed or installed within two years from the date of issuance of the permit, the permit shall automatically expire. No additional periods of time will be granted to the permittee to complete his system unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time (not to exceed one year) is granted. 4.6 An individual sewage treatment system required in order to correct a violation shall be constructed or installed within 45 days from the date of issuance of the permit unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time is granted. The permittee is required to apply for the permit within two weeks of the date of the notice of violation letter issued to the permittee unless upon good cause, an additional period of time is granted. 4.7 Any person who constructs, provides, or begins construction of an individual sewage treatment system without first obtaining a permit to construct such system or facility according to the terms or conditions of the permit or approved amendments thereto is in violation of the Sanitary Code. 4.8 The Chief Executive Officer may refuse issuance of an installation permit or renewal thereof, to construct, or install an individual sewage treatment system, or, after notice and/or a hearing, revoke or suspend same, if, upon investigation and/or review of submitted information, it is determined the site does not comply with State Standards, or if false or erroneous information was furnished to acquire a permit. 4.9 The Chief Executive Officer may allow for the transfer and/or modification of a valid permit to another party upon receipt of an application by the parties seeking the transfer. The date of expiration of the permit being transferred shall not be extended except as provided in subdivision 4.5. A fee set by the Chief Executive Officer, will be charged to process such a transfer and/or modification. DECEMBER 14, 2011 327

Section 5. Design, Construction and Installation. 5.1 All new individual sewage treatment systems shall be designed, constructed and installed in accordance with the State Standards. The specifications of any new individual sewage treatment system shall be based on the results of at least three percolation tests and one deep hole test. The Department of Health or its designated representative may be required to witness the deep hole. Additional deep hole tests may be required by the Department of Health as deemed necessary. The design flow per bedroom shall be in accordance with Section 75-A.3 of the State Standards. 5.2 A homeowner who chooses to install an aerobic unit instead of a septic tank must meet all requirements prescribed in the State Standards. 5.3 The Department of Health or its designated representative, or licensed professional engineer or licensed architect, as deemed necessary, shall be present at the site of a private sewage treatment system during final inspection. Any person who has constructed or installed a septic tank or private sewage treatment system shall also be present at the time of the final inspection. Section 6. Specific Waiver in Accordance with Part 75. 6.1 Where a violation exists and the site conditions exist which makes strict conformance with State Standards impossible or impractical, the Chief Executive Officer may waive specific code requirements. Approval or denial of such a waiver will be based upon completion and submission of a waiver application form which must contain sufficient documentation demonstrating that the granting of such a waiver will not pose an unacceptable health and/or environmental risk. All new construction shall adhere to the State Standards and shall not be eligible for a Specific Waiver. Section 7. Inspections 7.1 A final inspection of the individual sewage treatment system must be conducted to verify correct installation in accordance with plan requirements and permit conditions. The inspection must be performed by a licensed professional engineer, a licensed architect or Department of Health representative. 7.2 No portion of the individual sewage treatment system shall be covered with soil or be placed into operation until the system has been inspected and approved by the Chief Executive Officer or designated representatives. The Chief Executive Officer may require the system to be uncovered if back filled without such authorization. 7.3 The Chief Executive Officer or representatives may make inspections during the course of construction of the individual sewage treatment system to verify compliance with this regulation. 7.4 No individual sewage treatment system shall be put into service until written approval is issued by the Chief Executive Officer and final grading of the system has been completed. The Chief Executive Officer or representatives may authorize a system’s use pending issuance of the written approval and final grading if necessary to correct existing health hazards, provided a new health hazard would not be created. Approval use of an individual sewage treatment system may be granted on a conditional basis by the Chief Executive Officer or designee when final grading has not been completed due to weather conditions. A written agreement between the permittee and the Department of Health which identifies an acceptable date for completion shall be required. Section 8. Exposure or Discharge of Sewage. 8.1 It is a violation of this Sanitary Code to allow the exposure or surface discharge of sewage. No person shall maintain or operate any individual sewage treatment system, so as to expose or discharge sewage or sewage effluent there from onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or in any manner potentially hazardous to the health of others. Any individual sewage treatment system so maintained or operated shall be corrected to prevent the exposure or discharge of sewage or sewage effluent onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer, drain or roadside ditch or hazard to the health of others. The provisions of this Section shall not apply to those discharges of sewage effluents duly approved and permitted under Article 17 or the Environmental Conservation Law. Section 9. Installers of Individual Sewage Treatment Systems. 9.1 No person shall install an individual sewage treatment system in Livingston County unless there is a valid permit issued by the Chief Executive Officer pursuant to this article. 9.2 All installers of individual sewage treatment systems must obtain approval from the Livingston County Department of Health. To obtain approval an Installer must demonstrate the ability to install individual sewage 328 REPORT OF THE SUPERVISORS’ PROCEEDINGS

treatment systems in accordance with State Standards, as that term is defined in the Sanitary Code. An installer must also demonstrate ability to install individual sewage treatment systems by providing the Department of Health with a list of previously installed and approved individual sewage treatment systems or by other relevant experience in installing individual sewage treatment systems. 9.3 All installers agree to be subject to performance checks by the Department of Health. An Installer’s approval may be revoked by the Department of Health if it is determined that the Installer is not complying with Article II of the Sanitary Code of The County of Livingston or State Standards. 9.4 Approvals shall be valid for a three year period and may be renewed if the Installer demonstrates compliance with Sections 9.1 and 9.2 herein and continued successful system installations. 9.5 An Installer, after obtaining approval to install an individual sewage treatment system, shall install the system according to the installation permit and all conditions contained within the permit. 9.6 An Installer shall cease installation if it is determined that the system cannot be installed according to the permit and Part 75-A Standards and shall immediately contact the Livingston County Department of Health and the design engineer to discuss acceptable design changes to reach compliance with the permit and applicable regulations. 9.7 The Department of Health, its designee or design engineer will serve as a consultant to the Installer should a question/problem occur on site regarding the installation of the system. All Installers must have the ability to adjust the individual sewage treatment system in accordance with any suggested changes by the consultant. 9.8 An Installer shall be present during the final inspection. 9.9 If additional field visits are required (excluding initial percolation test and initial final inspection), the Installer will be billed at $25 per visit. 9.10 Any individual sewage treatment system installed by a non-approved Installer will not be approved by the Livingston County Department of Health. Section 10. Sewage Treatment System Cleaners. 10.1 Collection, transportation and final disposal of material removed, drained or flushed from sewage treatment systems shall be performed in a safe, sanitary manner and in accordance with the New York State Environmental Conservation Law, Section 27-0301 et seq. and Part 364 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. ARTICLE III - NUISANCE ABATEMENT Section 1. Definitions 1.1 Approved Disposal Area shall mean a specific area, site or location operated under a permit or approval of the New York State Department of Environmental Conservation or a location using a generally acceptable method of waste management. 1.2 A Public Health Nuisance is a condition that causes a common injury adversely affecting the health and/or safety of the residents of the local community. 1.3 Offensive Material as used in this Article means any offal, sewage, fecal matter, urine, refuse, rubbish, garbage, dead animals, meat wastes, body fluids, or any putrescible matter or any solid, liquid or gaseous material which the Chief Executive Officer or designee determines may be dangerous to or adversely affect health. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the transmission of communicable diseases to residents of Livingston County by preventing exposure to sources or potential sources of such diseases. It is the policy of the Livingston County Department of Health to prevent or have abated all public health nuisances that may be detrimental to the life and health of the citizens of Livingston County. 2.2 Any person who causes a Public Health Nuisance or condition that may adversely affect health to occur is in violation of the Sanitary Code of Livingston County Section 3. Filing Complaints 3.1 Complaints shall be received in any form so that prejudice with regard to literacy, language, religion, ethnicity or other cause may be avoided. Complaints must include a description of the concern or incident, a description of the public health impact and other relevant information such as the location or facility so that the person who may be responsible for the public health nuisance can be identified. 3.2 Complaints shall be evaluated as to their merit, cause for, and source to determine their validity. Complaints determined to be valid shall be provided to the Public Health Director or designee to determine if an investigation is warranted. DECEMBER 14, 2011 329

Section 4. Investigation 4.1 Whenever any establishment, building, premises, place of business or residence becomes or is maintained or operated in such a manner so as to emit, discharge, dispose, release or cause an accumulation of Offensive Material that would constitute a Public Health Nuisance, may adversely affect health or is the cause of a nuisance elsewhere, the situation shall be investigated. 4.2 An investigation may be conducted in response to a complaint or when the Chief Executive Officer or designee becomes aware of a condition that may adversely affect health. 4.3 The Chief Executive Officer, or designee, may enter to investigate upon or within any building, premises or place where public health nuisances or conditions identified in a complaint that may affect health are known or believed to exist, or which are the cause of public health nuisances known or believed to exist elsewhere. 4.4 The investigation may include visual observation, conducting tests, and the collection of materials for testing, and/or the review of documentation on or off of the premises related to the public health nuisance. 4.5 The results of the investigation shall be documented in a written statement describing the findings of the investigation, testing or review conducted in response to the complaint. 4.6 The documentation shall indicate: the date and time of the investigation; the conditions found; cite the regulations that were violated; contain a sufficiently descriptive statement to support a conclusion of whether a public health nuisance or a condition that may adversely affect health exists at the location or has been caused to exist elsewhere. The health official performing the investigation shall also document actions, if any, already taken to abate the condition and indicate if the nuisance has been abated by the actions taken. Section 5. Abatement 5.1 The Chief Executive Officer or designee shall evaluate the complaint and investigation results to determine if a Public Health Nuisance or a condition that may adversely affect health continues to exist. If the condition requires further abatement, the Chief Executive Officer or designee shall order its abatement through the delivery of a Repair Order to the owner, operator or person responsible for causing the Public Health Nuisance. The abatement of a nuisance or condition that may adversely affect health shall be completed within 72 hours of receipt of the Repair Order, or the time allowed in the Repair Order. 5.2 Abatement shall be the responsibility of the operator of the facility, owner of the premises or person responsible for causing the condition in need of abatement. All costs for abatement shall be borne by the responsible person, operator or owner. 5.3 The actions of abatement shall include the removal and proper disposal in an approved disposal area of the Offensive Material. The area where the Offensive Material was staged, released or traveled to will also be abated and/or decontaminated, if deemed necessary by the Public Health Director or designee, to remove the potential for remaining residues to result in conditions that may adversely affect health. 5.4 If abatement is not conducted within 72 hours, or the time allowed in the Repair Order, the Chief Executive Officer shall issue a summons and notice of citation for the owner, operator, and or the person responsible for causing the public health nuisance to appear at a Formal Hearing to answer to the charges against them. Section 6. Control of Offensive Material 6.1 Any person who generates, stores, or holds Offensive Materials on or in any premises shall ensure that the material is stored or handled in a manner that will not result in creation of a nuisance or adversely effect health. No person, operator or facility shall store any Offensive Material in any place or in any building or structure unless the material is treated, screened, covered, or placed so as not to create a nuisance or adversely effect health. All structures or containers for storage shall completely confine the material and hold it without a release. All containers for storage or staging shall be kept in a sanitary condition. 6.2 Offensive Materials shall not be deposited, thrown, discharged, dumped or otherwise allowed to enter into streams, ponds or other bodies of water or onto the surface of the ground or into the ground or groundwater, except in such a manner which is consistent with any and all applicable Federal, State and Local laws rules, regulations, and ordinances. 6.3 No person, operator, or owner shall remove or transport or permit the removal or transport of any Offensive Material except in a manner which is consistent with any and all applicable Federal, State and Local laws, rules, regulations and ordinances and in such a manner that will prevent the creation of a nuisance or condition that may adversely affect health. All materials shall be handled, packaged, covered, or treated so that it cannot 330 REPORT OF THE SUPERVISORS’ PROCEEDINGS

escape or be accessible to vectors and vermin or create a public health nuisance, or condition which may adversely affect health. 6.4 All dead domestic or farm animals shall be buried, or disposed of in a sanitary manner by the owner, operator, or person responsible for the animal, within 72 hours of its death or after its carcass has been discovered, except as otherwise regulated by Article 26 of the Agriculture and Markets Law of the State of New York. Section 7. Liability 7.1 Any person, operator or owner that has caused a release of Offensive Material or is holding, staging or storing Offensive Material that is causing a nuisance or may adversely affect health shall be liable for all costs associated with the clean-up, removal and disposal of Offensive Materials. 7.2 If the owner, operator, or person responsible for the release, holding, staging or storage of Offensive Material does not complete abatement within the time allowed by the order of the Chief Executive Officer or designee, to protect the health and safety of the public, the Department of Health may take whatever action is deemed appropriate to remediate and abate the condition. Any and all costs incurred in the course of abatement shall be the responsibility of the owner, operator or person responsible for creating the public health nuisance. Section 8. Condemnation 8.1 Whenever it is found by the Chief Executive Officer or designee, that a residence, place of business or part thereof has become unsanitary and may adversely affect health or is unfit for human habitation or other type of occupancy, the premises will be considered to be a public health nuisance. The Chief Executive Officer may issue a Repair Order requiring the occupant, operator, or owner to abate the nuisance or condition that may adversely affect health by placing the residence or place of business into a habitable and sanitary condition within a time period specified by the Chief Executive Officer or designee. 8.2 Upon failure of the occupant, operator, or owner, or agent thereof to comply with such Repair Order, the Chief Executive Officer or Board of Health may issue an additional order, to be affixed conspicuously upon the residence or place of business, to discontinue its use at such a time as identified in the order, until the time that the residence or place of business or part thereof can be placed in a sanitary and habitable condition and the nuisance abated. 8.3 Upon failure of such a residence or place of business to be vacated within the time specified, the Chief Executive Officer or Board of Health may issue a warrant to the Livingston County Sheriff, directing that such residence or place of business be vacated until such time as the nuisance is abated, and the Livingston County Sheriff shall forthwith execute such warrant pursuant to the law. ARTICLE IV - RABIES CONTROL Section 1. Definitions 1.1 "Confinement and observation" refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic livestock, which are not exhibiting symptoms of rabies, must be maintained if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. The ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm for an animal not actively immunized against rabies at the time of the bite. The Chief Executive Officer or designee may allow home confinements and observation for animals actively immunized. Confinement and observation includes verification by the Chief Executive Officer or designee both during and at the end of the ten day period that the animal cannot or has not escaped and has remained healthy. 1.2 "Quarantine" refers to a six month period of restriction for animals which are not actively immunized against rabies and have been exposed to a potentially rabid animal, in accordance with applicable regulations of the department. The quarantine must include provisions to prevent escape of the animal during the quarantine period and to minimize contacts with humans and other animals, and these provisions must be verified by the county health authority during and at the end of the six month period. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of rabies to residents of Livingston County by preventing exposure to animals that have been ordered to be confined or quarantined and have been found not properly quarantined or confined. DECEMBER 14, 2011 331

Section 3. Inspection 3.1 In accordance with New York State Sanitary Code Part 2.14, inspection of animals ordered to be confined or quarantined shall be conducted during the confinement or quarantine periods. 3.2 In accordance with the provisions of the New York State Sanitary Code and Sanitary Code, the Livingston County Department of Health may make inspections to determine compliance with applicable provisions of the sanitary code. Section 4. Seizure 4.1 Any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Any duly appointed person who seizes, confines, or destroys a dog, cat or domesticated ferret pursuant to this section shall immediately report in writing the facts relating thereto to the Chief Executive Officer or designee. ARTICLE V – FOOD SERVICE ESTABLISHMENTS Section 1. Training 1.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of communicable diseases to residents of Livingston County by reducing the potential for exposure at facilities under the regulation of the Livingston County Department of Health. 1.2 To reduce the potential for the transmission of communicable diseases to residents of Livingston County and visitors to regulated food service establishments in Livingston County, it shall be required that at least one employee of every regulated food service establishment shall have a current certificate of training from a food service training program approved by the Livingston County Department of Health. The receipt of a training certificate shall be based upon attendance at an approved course and achieving a passing grade on testing associated with the course. 1.3 A training certificate shall be obtained within six months of opening a new food service establishment. Section 2. Posting 2.1 To communicate correct practices for food or utensil handling and assist in the continued implementation of those practices, posters identifying the desired handling methods shall be posted at each food service establishment. The posters will be provided by the Livingston County Department of Health and must be placed in a location readily observable by food service workers during their work activities. ARTICLE VI - ENFORCEMENT Section 1. Enforcement. Civil and Criminal Penalties; Hearings; Procedures. 1.1 It shall be the duty of the Board of Health, or their authorized designee, to enforce the provisions of the Public Health Law, the applicable parts of the State Sanitary Code and the Sanitary Code and the Board of Health shall have such powers and duties as conferred upon it by the provisions of the Public Health Law or New York State. 1.2 Pursuant to the provisions of the Public Health Law, the Board of Health, or their authorized designee, may: (i) issue subpoenas which shall be regulated by the Civil Practice Law and Rules; (ii) compel the attendance of witnesses; (iii) administer oaths to witnesses and compel them to testify; (iv) issue warrants to any peace officer in the County or a municipality within the County to apprehend and remove any person or persons as cannot otherwise be subjected to their orders and regulations, and to the Sheriff of Livingston County to bring to its aid the power of the County whenever it shall be necessary to do so; (v) issue repair orders; and (vi) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the provisions of the Sanitary Code, or any of the provisions of the State Sanitary Code, after holding a hearing thereon. Such penalties shall not exceed the maximum authorized by the Public Health Law for each violation to be sued for and recovered by the Board of Health, or their authorized designee, in any court of competent jurisdiction. Nothing herein contained shall be construed to exempt an offender from any other prosecution or penalty provided by law. 332 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1.3 Every warrant issued by the Board of Health, or their authorized designee, shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly executed out of a court record of the State. 1.4 Nothing contained in this Section shall be construed to alter or repeal any existing provisions of law declaring such violations or any of them misdemeanors or felonies or prescribing a penalty therefore. 1.5 Pursuant to the provisions of Section 348 of the Public Health Law: (i) provisions of the Sanitary Code shall have the force and effect of law. (ii) certified copies of the Sanitary Code shall be received in evidence in all courts and proceedings in New York State. 1.6 Hearings. The Board of Health, or their authorized designee, may cause to have issued and served upon the person complained against a written notice, together with a copy of the complaint made against him, which shall specify the provisions of the Code, Rule or Regulation of which such person is said to be in violation and a statement of the manner in which that person is said to violate it and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of Health, or their authorized designee, or its designated hearing officer at a time not less than fifteen (15) days after the date of service of notice. The Board of Health, or their authorized designee, may serve, together with a copy of the complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation with the Department of Health, agreeing to correct the violations set forth in the complaint under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing. 1.7 Complaints; Conduct of hearings. (i) The respondent to such complaint may file a written answer thereto and shall appear at such hearing in person with or without counsel, and may submit testimony, or may do both. (ii) The Board of Health may issue subpoenas and administer oaths in connection with any hearing or investigation under and pursuant to this Article, and it shall be the duty of the Board of Health for such purposes to issue subpoenas at the request of and upon behalf of the respondent requiring the attendance of witnesses and the production for examination of any book or paper relating to the matter at any hearing or investigation. (iii) The testimony at the hearing shall be under oath and recorded. 1.8 Order or Determination. After due consideration of the written and oral statements, the testimony and arguments that shall be submitted under the provisions of sub-section 1.7 above, or default in appearance of the respondent on the return day which shall be specified on the notice given in subsection 1.6 above, the Board of Health, or their authorized designee, or designated Hearing Officer may issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall notify the respondent thereof in writing by certified mail or by personal service. 1.9 Review. Any final order or determination or other final action by the Board of Health, or their authorized designee, or designated Hearing Officer and the validity or reasonableness of any code, rule or regulation of the Board of Health shall be subject to review as provided in Article 78 of the Civil Practice Law and Rules. SECTION TWO – All prior enactments of the Sanitary Code of the County of Livingston are hereby repealed. SECTION THREE – This Local Law shall be effective upon filing with the New York State Department of Health and the New York State Secretary of State. Dated at Geneseo, New York December 14, 2011 (Introduction)

Chairman Merrick asked the County Attorney to comment on the local laws. The County Attorney stated that Local Law No. H provides salary increases for certain officers that are in the middle of their term. The only way to do so is by local law. DECEMBER 14, 2011 333

The County Attorney also commented that Local Law No. I is an amendment to the County Sanitary Code. The amendment provides that the maximum penalty will be the maximum penalty allowed by the public health law.

Mr. Wadsworth entered.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-384 APPROVING ABSTRACT OF CLAIMS #11B – NOVEMBER 23, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11B dated November 23, 2011 in the total amount of $1,709,896.48. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-385 APPROVING ABSTRACT OF CLAIMS #12A – DECEMBER 14, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #12A dated December 14, 2011 in the total amount of $3,865,363.95. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent – 0; Adopted.

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

PREFERRED AGENDA RESOLUTION NO. 2011-386 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. I - 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on December 14 , 2011, a proposed Local Law entitled Local Law No. I – 2011 Sanitary Code of the County of Livingston, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 28th day of December, 2011 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 December 14, 2011 Human Services Committee

RESOLUTION NO. 2011-387 SUPPORTING LEGISLATION PROPOSED BY CONGRESSMAN THOMAS REED ENTITLED “BENEFICIAL UPGRADES FOR INVESTMENT AND LOCAL DEVELOPMENT (BUILD) OF BRIDGE ACT OF 2011” WHEREAS, Congressman Reed has proposed legislation, designed with input from County Highway Superintendents in the Rochester/Genesee Region, that will significantly reduce the time (up to 3 months) and cost (15- 20%) of design of simple road and bridge replacement or rehabilitation projects; and WHEREAS, the bill seeks to require only one environmental review for road and bridge replacement projects by eliminating the requirements of doing both Federal Environmental regulatory review (NEPA) and NYS Environmental review (SEQR) for projects supported with Federal Funds; and 334 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, the bill exempts projects of this type from NEPA review by offering an automatic Categorical Exclusion and allow State Environmental review processes to govern; and WHEREAS, such exemptions are encouraged under NEPA regulation when history has shown no adverse environmental effects occur for certain types of infrastructure projects, as is the case for simple road and bridge rehabilitation/reconstruction projects; now, therefore be it RESOLVED, that the Livingston County Board of Supervisors supports the legislation proposed by Congressman Reed as a necessary step in reducing burdensome and redundant regulation that delay the prompt and cost effective delivery of Public Works projects supported through the Federal Surface Transportation program; and further RESOLVED, that the County Administrator and County Highway Superintendent are authorized to support Congressman Reed and his staff in promoting the passage of such legislation by educating the public and partnering with professional associations to offer analysis of the benefits to this legislation; and further RESOLVED, that copies of this resolution be sent by the Clerk of this Board to Congressman Reed, Senator Gillibrand, Senator Schumer and the County Highway Superintendent. Dated at Geneseo, New York December 14, 2011 Public Services Committee

RESOLUTION NO. 2011-388 PROVIDING FOR PUBLIC HEARING ON PROPOSED LOCAL LAW NO. H - 2011 COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2012 WHEREAS, there has been duly presented and introduced at a meeting of this Board, held on November 16, 2012, a proposed Local Law entitled Local Law No. H – 2011 County Of Livingston Providing Salaries For Certain County Officers For The Year 2012, it is hereby RESOLVED, that a public hearing shall be held on the said proposed Local Law by this Board on the 28th day of December, 2011 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 December 14, 2011 Ways and Means 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. Martello and seconded by Mr. Deming to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-389 AWARDING BID FOR THE CENTER FOR NURSING AND REHABILITATION – M.A. FERRAUILO PLUMBING AND HEATING, INC. Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for mechanical interior modifications for the Center for Nursing and Rehabilitation, one bid was received and opened on November 10, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contractor Amount M.A. Ferrauilo Plumbing and Heating, Inc. $82,000.00 1600 Jay Street Rochester, New York 14611 DECEMBER 14, 2011 335

For: Mechanical Work Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-390 AWARDING BID FOR THE CENTER FOR NURSING AND REHABILITATION – NEWCAL CONSTRUCTION, INC. Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for general construction work for the Center for Nursing and Rehabilitation, four bids were received and opened on November 10, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contractor Amount NewCal Construction, Inc. $252,746.00 10994 Tinkham Road Darien, New York 14040 For: General Construction Work Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-391 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: NEW YORK STATE DEPARTMENT OF HEALTH (2), NATIONAL ASSOCIATION OF CITY AND COUNTY HEALTH OFFICIALS (NACCHO), WYOMING COUNTY HEALTH DEPARTMENT Mr. Yendell 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 contract(s) for the Livingston County Department of Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Department of Health 10/1/11 - 9/30/14 $18,909.00 Bureau of Maternal & Child Health Administration Unit ESP Corning Tower, Room 878 Albany, NY 12237-0657 For: Children with Special Health Care Needs Program New York State Department of Health 1/1/12 - 12/31/12 $346,463.00 Center for Community Health Division of Family Health Room 878, Corning Tower, ESP Albany, NY 12237-0657 For: Title X Amendment-Reproductive Health Center NACCHO 9/15/10 - 3/31/12 $8,000.00 (National Association of City and County Health Officials) 1100 17th St., N.W. 7th Floor Washington D.C. 20036 For: Vaccine Safety 336 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Wyoming County Health Department 4/1/11 - 3/31/12 $38,117.00 Sarah Matthews, Fiscal Administrator 5362 Mungers Mill Rd. Silver Springs, NY 14550 For: Cancer Services Program Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-392 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES: CHANCES & CHANGES AND KEUKA COLLEGE Mr. Yendell 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 contract(s) for the Livingston County Department of Social Services, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Chances & Changes 10/1/11 - 9/30/12 $14,500.00 PO Box 326 Geneseo NY 14454 For: Family Safety Advocate Keuka College 12/1/11 - 12/31/13 141 Central Ave. Keuka Park NY 14478 For: Student Interns Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-393 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY OFFICE FOR THE AGING: NEW YORK STATE OFFICE FOR THE AGING FOR ANNUAL IMPLEMENTATION PLAN Mr. Yendell 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 contract(s) for the Livingston County Office for the Aging, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount New York State Office for the Aging 4/1/12 – 3/31/13 $1,714,680.00 Annual Implementation Plan Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-394 AMENDING RESOLUTION NO. 83-192 ESTABLISHING COMMUNITY INITIATIVES COUNCIL Mr. Yendell presented the following resolution and moved its adoption: WHEREAS, Board of Supervisors Resolution No. 83-162 establishing the Livingston County Community Initiatives Council (CIC) to oversee the Community Services Block Grant (CSBG) program contained a requirement DECEMBER 14, 2011 337

that the membership term of office would be for two years and that the membership must meet at least six (6) times a year, and, WHEREAS, when Resolution No. 83-162 was amended by Resolution 83-192 the amendment was silent regarding the term of office for CIC members, and WHEREAS, it has been determined that the standard term of office has been for three years for most of the CIC’s existence, and WHEREAS, the NYS Department of State representative noted this discrepancy in her most recent report, and WHEREAS, it has been determined that four (4) meetings a year could meet the business requirements of the CIC, and WHEREAS, the NYS Department of State has no position on the number of meetings that should be held annually, and WHEREAS, the CIC in their bylaws is allowed to call additional meetings if business needs to be transacted, and therefore be it RESOLVED, that Section 3, paragraph 2, sentence one of Resolution No. 83-192 which reads, “Terms of membership shall be as provided for by the Community Action Agency”, be amended to read, “Terms of membership on the Council shall be for 3 years,” and be it further RESOLVED, that Section 4, paragraph 1, sentence three of Resolution No. 83-192 that reads, “The Council shall meet at least six (6) times per year.”, be amended to read, “The Council shall meet at least four (4) times per year,” All other provisions and amendments to remain the same. Dated at Geneseo, New York December 14, 2011 Human Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-395 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE COMMUNITY INITIATIVES COUNCIL: CATHOLIC CHARITIES OF LIVINGSTON COUNTY, NICHOLAS NOYES MEMORIAL HOSPITAL, CHANCES AND CHANGES, INC., GENESEO PARISH OUTREACH, INC. AND FOCUS ON THE CHILDREN, INC. Mr. Yendell 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 contract(s) for the Community Initiatives Council, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Focus on the Children 10/1/11 - 9/30/12 Up to $5,250.00 P O Box 31 Caledonia, N Y 14423 Catholic Charities of Livingston County 10/1/11 - 9/30/12 Up to $56,521.00 34 East State St. Mt. Morris, NY 14510 Geneseo Parish Outreach Center, Inc. 10/1/11 - 9/30/12 Up to $50,000.00 4520 Genesee St. Geneseo, N Y 14454 Chances and Changes, Inc. 10/1/11 - 9/30/12 Up to $25,000.00 P O Box 326 Geneseo, N Y 14454 Nicholas Noyes Memorial Hospital 10/1/11 - 9/30/12 Up to $12,000.00 For: All foregoing contracts are for the provision of services for income eligible county residents such as transportation, medical costs, temporary shelter, Lifeline, etc. Dated at Geneseo, New York December 14, 2011 Human Services Committee 338 REPORT OF THE SUPERVISORS’ PROCEEDINGS

The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-396 AWARDING BID FOR THE CENTRAL SERVICES DEPARTMENT FOR ASBESTOS ABATEMENT WORK AT THE LIVINGSTON COUNTY MILLENNIUM DRIVE FACILITY: NIRAM, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for asbestos abatement at the Livingston County Millennium Drive Facility, six bids were received and opened on November 17, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Niram, Inc. $676,000.00 91 Fulton Street Boonton, NJ For: Asbestos abatement at the Livingston County Millennium Drive Facility Wings “B” and “C” Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-397 AWARDING BID FOR THE CENTRAL SERVICES DEPARTMENT FOR MECHANICAL WORK AT THE LIVINGSTON COUNTY MILLENNIUM DRIVE FACILITY: PIPITONE ENTERPRISES, LLC Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for mechanical work at the Livingston County Millennium Drive Facility, two bids were received and opened on November 29, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contractor Amount Pipitone Enterprises, LLC $407,300.00 3225 Chili Avenue Rochester, NY 14624 For: Mechanical work at the Livingston County Millennium Drive Facility wings “B” and “C” Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-398 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION INSPECTION SERVICES, FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECT PIN 4753.87, SWANSON ROAD OVER BUCK RUN CREEK, TOWN OF MT. MORRIS – C & S COMPANIES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, County of Livingston Resolution No. 2010-343 awarded a professional services contract to C & S Companies for Final Design/Engineering, and ROW Incidentals for the above-noted bridge replacement project; and WHEREAS, said Resolution and contract provided for Construction Inspections Services to be negotiated and added at a later date following the construction bid opening, and WHEREAS, said negotiated fee and scope of services have been reviewed and approved by NYSDOT Region-4 officials, now, therefore, be it DECEMBER 14, 2011 339

RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator. Contractor Term Amount C & S Companies 12/14/11 – 12/31/13 $82,900.00 150 State Street, Suite 120 Rochester, NY 14614 For: Construction Inspection Services for Federal/State-Aid Bridge Replacement Project, PIN 4753.87, Swanson Road over Buck Run Creek, Town of Mt. Morris. Not to exceed the amount shown. Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-399 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION INSPECTION SERVICES, FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECT PIN 4753.86, WILDCAT ROAD OVER WILDCAT GULLY, TOWN OF MT. MORRIS – C & S COMPANIES Mr. Deming presented the following resolution and moved its adoption: WHEREAS, County of Livingston Resolution No. 2010-342 awarded a professional services contract to C & S Companies for Final Design/Engineering, and ROW Incidentals for the above-noted bridge replacement project; and WHEREAS, said Resolution and contract provided for Construction Inspections Services to be negotiated and added at a later date following the construction bid opening, and WHEREAS, said negotiated fee and scope of services have been reviewed and approved by NYSDOT Region-4 officials, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator. Contractor Term Amount C & S Companies 12/14/11 – 12/31/13 $121,300.00 150 State Street, Suite 120 Rochester, NY 14614 For: Construction Inspection Services for Federal/State-Aid Bridge Replacement Project, PIN 4753.86, Wildcat Road over Wildcat Gully, Town of Mt. Morris. Not to exceed the amount shown. Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-400 AUTHORIZING THE IMPLEMENTATION AND SUPPLEMENTAL AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, RIGHT-OF-WAY INCIDENTALS, RIGHT-OF-WAY ACQUISITION, CONSTRUCTION, CONSTRUCTION INSPECTION AND CONSTRUCTION SUPPORT PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 475387, BIN 3316420), AND APPROPRIATING FUNDS THEREFORE: REPLACEMENT OF SWANSON ROAD BRIDGE OVER BUCK RUN CREEK, TOWN OF MT. MORRIS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Replacement of the Swanson Road Bridge over Buck Run Creek, Town of Mt. Morris, Livingston County (NYSDOT PIN 475387; BIN 3316420) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% 340 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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 Federal and non-Federal share of the costs of the Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support phases; and WHEREAS, Livingston County Resolution No. 2010-202 authorized and funded a total of $130,000.00 for Preliminary Engineering, Design, and ROW Incidental phases, now, therefore, be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of all phases of the project, including: Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Eight Hundred and Twenty-One Thousand, Five Hundred and Ninety Dollars ($821,590.00) (of which, with anticipated Federal Aid and NYS Marchiselli Aid, the County share will be approximately $41,080.00) is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in all phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York December 14, 2011 Public Services Committee Chairman Merrick asked Highway Superintendent to comment. He stated that we have received federal and state aid funding for these two bridge projects both in the town of Mt. Morris. Both are done on roads that have been closed for a while, both are historic bridges and we are in the process of getting them replaced. These resolutions capture all the phases of the project so we can get all of our reimbursement. The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-401 AUTHORIZING THE IMPLEMENTATION AND SUPPLEMENTAL AGREEMENT WITH NYS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING, DESIGN, RIGHT-OF-WAY INCIDENTALS, RIGHT-OF-WAY ACQUISITION, CONSTRUCTION, CONSTRUCTION INSPECTION AND CONSTRUCTION SUPPORT PHASES, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT (PIN 475386, BIN 3316440), AND APPROPRIATING FUNDS THEREFOR: REPLACEMENT OF WILDCAT ROAD BRIDGE OVER WILDCAT GULLY, TOWN OF MT. MORRIS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, a project for the Replacement of the Wildcat Road Bridge over Wildcat Gully, Town of Mt. Morris, Livingston County (NYSDOT PIN 475386; BIN 3316440) (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the County of Livingston desires to advance the Project by making a commitment of 100% of the Federal and non-Federal share of the costs of the Engineering, Design, ROW Incidentals, ROW Acquisition, DECEMBER 14, 2011 341

Construction, Construction Inspection and Construction Support phases; and WHEREAS, Livingston County Resolution No. 2010-202 authorized and funded a total of $130,000.00 for Preliminary Engineering, Design, and ROW Incidental phases, now, therefore, be it RESOLVED, that the Board of Supervisors, duly convened, does hereby approve the above-subject Project, and be it further RESOLVED, that the Board of Supervisors hereby authorizes the Chairman of the Board to pay in the first instance 100% of the Federal and non-Federal share of the cost of all phases of the project, including: Engineering, Design, ROW Incidentals, ROW Acquisition, Construction, Construction Inspection and Construction Support phases for the Project or portions thereof, and be it further RESOLVED, the total sum of Nine Hundred and Eighty-Four Thousand, Five Hundred and Thirteen Dollars ($984,513.00) (of which, with anticipated Federal Aid and NYS Marchiselli Aid, the County share will be approximately $49.226.00) is hereby appropriated from the Board of Supervisors and made available to cover the cost of participation in all phases of the Project, and be it further RESOLVED, that in the event the full Federal and non-Federal share costs of the Project exceeds the amount appropriated above, the Board of Supervisors shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, and be it 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 or approval of the Project, and providing for the administration of the Project and the Municipality’s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this Resolution shall take effect immediately. Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-402 AWARDING BID FOR THE COUNTY HIGHWAY DEPARTMENT FOR A PREFABRICATED, GLULAMINATED TIMBER BRIDGE SUPERSTRUCTURE SYSTEM – ART THURESON, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a Prefabricated, Glulaminated Timber Bridge Superstructure System, three (3) bids were received and opened on November 28, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Art Thureson, Inc. $95,500.00 4000 West Walton Waterford, MI 48329 For: Prefabricated Glulaminated Timber Bridge Superstructure System for replacement of County Bridge No. 11, Simpson Road, Town of York. The cost is not to exceed the amount indicated. Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-403 AWARDING BID FOR THE COUNTY HIGHWAY DEPARTMENT FOR ONE NEW, UNUSED TRACK BULLDOZER – MILTON CAT 342 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for one new, unused 100-HP, 20,000# Track Bulldozer, three (3) bids were received and opened on November 28, 2011, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Amount Milton Cat $128,932.00 4610 East Saile Drive Batavia, NY 14020 For: One (1) new, unused 2012 Caterpillar D5K2 – XL Track Bulldozer. The cost is not to exceed the amount indicated. Dated at Geneseo, New York December 14, 2011 Public Services Committee D. Higgins commented that this new dozer replaces an existing John Deere 550 dozer, which is one step smaller than the proposed dozer. That machine has over 5,000 engine hours and has served us very well but it is time to get it replaced while it is in good shape. A lot of towns utilized the existing John Deere and he anticipates that some towns would be interested in buying this dozer. The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-404 AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF’S OFFICE: POLICEREPORTS.US Mr. Deming 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 contract(s) for the Livingston County Sheriff’s Office, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount PoliceReports.US 3 years $2/per report revenue P.O. Box 4087 Moorseville, NC 28117 For: provide online accident reports Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-405 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – JOHN W. DANFORTH COMPANY Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract John W. Danforth Additional Boiler @ New Jail +$48,928.61 $2,867,227.18 Company and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 14, 2011 Public Services Committee DECEMBER 14, 2011 343

The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-406 APPROVING CHANGE ORDER(S) FOR JAIL RENOVATION PROJECT – MANNING SQUIRES HENNIG CO., INC. Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the change order(s) detailed in the list attached hereto which results in a contract change and new total contract price as follows: Contractor For Net Change Not to Exceed New Contract Manning Squires Hennig Co., Inc. Exterior Chiller Pad +$6,719.98 $6,508,667.66 and, it is further, RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the necessary change order(s), subject to review by the County Attorney and County Administrator. Dated at Geneseo, New York December 14, 2011 Public Services Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-407 AUTHORIZING TRANSFER OF FUNDS – DEPARTMENT OF HEALTH, HIGHWAY, HOUSING, MENTAL HEALTH, PROBATION, SHERIFF, SOCIAL SERVICES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-408 AMENDING 2011 LIVINGSTON COUNTY BUDGET – HIGHWAY DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM5130 2680 Insurance Recovery $4,531.83 Increase Appropriation DM5130 4127 Outside Repairs $4,531.83 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-409 AMENDING 2011 LIVINGSTON COUNTY BUDGET – SHERIFF’S DEPARTMENT Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Sheriff’s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A3110 2626 Forfeiture of Crime Proceeds $5,000.00 Increase Appropriation A3110 4010 Confidential Exp/Task Force $5,000.00 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

344 REPORT OF THE SUPERVISORS’ PROCEEDINGS

RESOLUTION NO. 2011-410 APPROVING THE AMENDED LIVINGSTON COUNTY REGULATORY COMPLIANCE PLAN Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby approves the amended Livingston County Regulatory Compliance Plan attached hereto. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-411 PROVIDING FOR LEVY OF ERRONEOUS TAXES TO BE CHARGED TO TOWNS Mr. Pangrazio 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 to the following Towns due to erroneous assessments, errors in the levy of the budget or similar items: AVON $825.43 CALEDONIA $758.53 CONESUS $2,084.18 GENESEO $2,678.02 GROVELAND $1,059.74 LEICESTER $637.05 LIMA $1,746.00 LIVONIA $1,973.79 MT. MORRIS $537.08 NORTH DANSVILLE $-44.28 NUNDA $1,302.55 OSSIAN $.02 PORTAGE $1,169.95 SPARTA $-.08 SPRINGWATER $.02 WEST SPARTA $3,859.01 YORK $1,922.38

$20,509.39 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-412 APPROVING ESTIMATED 2012 SALES TAX DISTRIBUTION Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the list below of 2012 estimated Sales Tax Distribution be, and the same hereby is, approved:

TOWN ESTIMATED SALES TAX CREDIT

AVON $82,000.00 CALEDONIA $46,000.00 DECEMBER 14, 2011 345

CONESUS $60,000.00 GENESEO $105,000.00 GROVELAND $57,000.00 LEICESTER $32,000.00 LIVONIA $162,000.00 NORTH DANSVILLE $20,000.00 OSSIAN $14,000.00 PORTAGE $13,000.00 SPRINGWATER $42,000.00 WEST SPARTA $21,000.00 YORK $66,000.00

TOTAL $720,000.00 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-413 APPROVING APPORTIONMENT OF MORTGAGE TAX RECEIPTS FOR THE PERIOD 04/01/11 – 09/30/11 Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Ways and Means Committee submits the following report on Apportionment of the Mortgage Tax receipts for the period April 1, 2011 through September 30, 2011 among the several Towns and Villages of the County, it is hereby RESOLVED, that the County Treasurer is hereby directed to pay to the various municipalities the amount set forth herein: TAX DISTRICT AMOUNT DISTRIBUTED DISTRIBUTED TO TOWNS TO VILLAGES

AVON $48,139.42 $38,227.92 $9,911.50 CALEDONIA $30,458.31 $24,326.09 $6,132.22 CONESUS $29,421.47 $29,421.47 GENESEO $51,254.08 $39,907.20 $11,346.88 GROVELAND $14,619.63 $14,619.63 LEICESTER $12,955.29 $11,934.72 $1,020.57 LIMA $35,130.18 $29,193.94 $5,936.24 LIVONIA $55,189.83 $51,857.28 $3,332.55 MT. MORRIS $14,016.09 $10,317.59 $3,698.50 N. DANSVILLE $15,822.21 $9,755.11 $6,067.10 NUNDA $8,705.58 $7,324.07 $1,381.51 OSSIAN $5,250.11 $5,250.11 PORTAGE $2,867.92 $2,867.92 SPARTA $9,638.09 $9,638.09 SPRINGWATER $12,363.50 $12,363.50 WEST SPARTA $4,748.41 $4,748.41 YORK $14,952.08 $14,952.08

346 REPORT OF THE SUPERVISORS’ PROCEEDINGS

TOTAL $365,532.20 $316,705.13 $48,827.07 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-414 AUTHORIZING RELEVY OF UNPAID VILLAGE TAXES Mr. Pangrazio 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 2012 warrants for the respective towns:

TOWNS VILLAGES AMOUNT

AVON AVON $32,727.39 CALEDONIA CALEDONIA $44,598.45 GENESEO GENESEO $36,023.01 LEICESTER LEICESTER $2,279.97 LIMA LIMA $18,350.23 LIVONIA LIVONIA $25,659.36 MT. MORRIS MT. MORRIS $67,431.93 NORTH DANSVILLE DANSVILLE $165,008.73 NUNDA NUNDA $20,529.78

TOTAL $412,608.85 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-415 AUTHORIZING RELEVY OF RETURNED SCHOOL TAXES Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, 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 2010- 2011 school taxes amount to $4,202,651.89. Since the receipt of such returns, the County Treasurer has collected the sum of $1,085,879.28 leaving the balance of $3,116,772.61 as of November 30, 2011, which is the last day of school tax collection by the County, a relevy figure, including the seven per centum required to be added, of $3,334,946.63 will be added to the 2012 Town and County tax rolls.

TOWN DISTRICT AMOUNT TOTAL

AVON AVON CENTRAL $380,334.79 LIVONIA CENTRAL $9,778.77 HONEOYE FALLS/LIMA $4,979.18 TOWN TOTAL $395,092.74

CALEDONIA LEROY CENTRAL $13,285.11 AVON CENTRAL $19,226.81 CALEDONIA CENTRAL $184,877.32 DECEMBER 14, 2011 347

TOWN TOTAL $217,389.24

CONESUS LIVONIA CENTRAL $212,746.65 DANSVILLE CENTRAL $7,246.22 WAYLAND CENTRAL $3,455.37 TOWN TOTAL $223,448.24

GENESEO GENESEO CENTRAL $264,052.98 LIVONIA CENTRAL $13,974.57 TOWN TOTAL $278,027.55

GROVELAND GENESEO CENTRAL $65,144.61 LIVONIA CENTRAL $2,079.99 MT. MORRIS CENTRAL $9,751.98 TOWN TOTAL $76,976.58

LEICESTER MT. MORRIS CENTRAL $3,114.05 YORK CENTRAL $83,991.35 PERRY CENTRAL $7,660.12 TOWN TOTAL $94,765.52

LIMA LIVONIA CENTRAL $44,229.77 HONEOYE FALLS LIMA CENTRAL $280,639.56 TOWN TOTAL $324,869.33

LIVONIA LIVONIA CENTRAL $513,217.27 HONEOYE FALLS LIMA CENTRAL $503.21 HONEOYE CENTRAL $1,690.91 TOWN TOTAL $515,411.39

MT. MORRIS MT. MORRIS CENTRAL $173,476.19 KESHEQUA CENTRAL $35,807.40 TOWN TOTAL $209,283.59

NORTH DANSVILLE DANSVILLE CENTRAL $224,110.10 TOWN TOTAL $224,110.10

NUNDA KESHEQUA CENTRAL $167,038.99 TOWN TOTAL $167,038.99

OSSIAN CANASERAGA $18,442.76 DANSVILLE CENTRAL $55,543.83 348 REPORT OF THE SUPERVISORS’ PROCEEDINGS

TOWN TOTAL $73,986.59

PORTAGE KESHEQUA CENTRAL $98,492.13 TOWN TOTAL $98,492.13

SPARTA GENESEO CENTRAL $1,256.56 DANSVILLE CENTRAL $73,710.76 TOWN TOTAL $74,967.32

SPRINGWATER LIVONIA CENTRAL $4,573.43 DANSVILLE CENTRAL $2,812.78 NAPLES CENTRAL $1,686.75 WAYLAND CENTRAL $109,327.81 TOWN TOTAL $118,400.77

WEST SPARTA DANSVILLE CENTRAL $92,089.27 KESHEQUA CENTRAL $4,198.13 TOWN TOTAL $96,287.40

YORK PAVILION CENTRAL $5,288.97 YORK CENTRAL $141,110.18 TOWN TOTAL $146,399.15

TOTAL $3,334,946.63 Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-416 AUTHORIZING CONVEYANCE OF COUNTY PROPERTY ACQUIRED BY TAX DEED Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the County of Livingston acquired title to the following parcel of land, and WHEREAS, the Livingston County Board of Supervisors' Ways and Means Committee has approved the sale of said parcel, it is, hereby RESOLVED, that the following conveyance be approved: Tax Map # Formerly Owned /Assessed To Conveyed to Purchaser Village/Town Price 65.78-1-28 Lynch, Michael J & Margaret Carney, Arthur D. T-Livonia $45,000.00 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 conveyance and any and all related documents prepared by the County Attorney to complete the aforesaid conveyances. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee Avon Supervisor LeFeber stated that he had some procedural concerns about the bid--in regards to accepting the check that was not in the correct form, depositing that check and then returning the check and voiding the bid. County Attorney David Morris explained that he would take the fault for the error. The specifications read that the deposit should be in the form of a “bank check”, to make it clearer it could have read “official bank check”. When DECEMBER 14, 2011 349 we received the bids, the County Treasurer called the high bidder, and he explained that the check was written on a line of credit from the bank and thought that would constitute a bank check. We thought that was ok and we took it to Ways and Means. The committee did not agree and they elected to award it to the second highest bidder who had the right documentation. Springwater Supervisor Buckley asked what was the time frame from depositing the check to the decision being made to not accept the bid? County Attorney David Morris responded that the check was deposited the day we received the bids and on Monday the Ways and Means Committee made the decision that the second bid would be accepted. Supervisor Buckley stated that the high bidder was told he had purchased the house. County Attorney David Morris stated that he was told that he was the tentative high bidder but it is clearly stated that it is subject to the approval of the Board of Supervisors. Avon Supervisor LeFeber asked what other options were given to the Ways and Means Committee? Supervisor Gott responded that our first option was to accept the high bid, our second option was to re-bid the entire sale and our third option was to accept the highest responsible bid that had all the correct documentation. The roll was called as follows: Ayes - 1,362; Noes - LeFeber, 175; DiPasquale, 126; Davis, 24; Buckley, 65 Total – 390; Absent – 0; Adopted.

RESOLUTION NO. 2011-417 DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES AND UNPAID SEWER CHARGES ON 2012 TOWNS OF SPRINGWATER AND YORK TAX ROLLS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Town Supervisors of Springwater and York, pursuant to Section 198 of the Town Law, reported to this Board a statement of unpaid water and sewer charges in Springwater Water and Sewer Districts and York Consolidated Water District, Retsof Sewer District and York Sewer Districts #1 & #2, and WHEREAS, such statement of unpaid charges is on file with the Clerk of the Board, now, therefore, be it RESOLVED, that pursuant to Section 198 of the Town Law, the Real Property Tax Director is hereby 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 2012 Towns of Springwater and York tax roll under the name of “Water Rents” and “Sewer Rents”. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-418 DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES ON 2012 TOWNS OF AVON, CALEDONIA, GENESEO, GROVELAND, LEICESTER, AND MT. MORRIS TAX ROLLS Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Town Supervisors of the Towns Of Avon, Caledonia, Geneseo, Groveland, Leicester, and Mt. Morris, pursuant to Section 198 of the Town Law, have reported to this Board a statement of unpaid water charges in the Avon, Caledonia, Geneseo, Groveland, Leicester, and Mt. Morris Water Districts, and WHEREAS, such statements of unpaid charges are on file with the Clerk of the Board, now, therefore, be it RESOLVED, that pursuant to Section 198 of the Town Law, the Real Property Tax Director is hereby 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 2012 Towns of Towns Of Avon, Caledonia, Geneseo, Groveland, Leicester, and Mt. Morris tax roll under the name of “Water Rents”. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-419 AUTHORIZING ASSESSMENT ROLL FOOTINGS 2011 Mr. Pangrazio presented the following resolution and moved its adoption: 350 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, the Ways and Means Committee has verified and corrected the footings of the Assessment Rolls referred to it, as made by the Assessors for each tax district: 2011 ASSESSMENT ROLL FOOTINGS – COUNTY PURPOSES Grand Totals Town Totals Town Totals Village & Town Real Property Town Real Property & Real Property & Towns Exc. Exemptions Special Franchises Special Franchise Special Franchise

Avon $ 209,551,051 $ 5,169,768 $ 214,720,819 $ 378,424,077 Caledonia 120,597,512 3,260,038 123,857,550 221,594,420 Conesus 179,745,524 3,436,446 183,181,970 183,181,970 Geneseo 260,039,844 6,780,875 266,820,719 493,519,056 Groveland 120,379,365 3,843,584 124,222,949 124,222,949 Leicester 84,329,287 3,035,199 87,364,486 106,382,208 Lima 143,932,493 2,675,269 146,607,762 228,769,070 Livonia 453,035,058 7,901,053 460,936,111 525,428,715 Mount Morris 59,881,222 2,033,236 61,914,458 148,857,763 North Dansville 46,791,814 1,408,097 48,199,911 206,188,847 Nunda 76,836,470 1,843,513 78,679,983 118,482,798 Ossian 44,275,368 502,098 44,777,466 44,777,466 Portage 32,873,785 1,332,986 34,206,771 34,206,771 Sparta 75,019,075 1,483,391 76,502,466 76,502,466 Springwater 105,342,241 1,231,174 106,573,415 106,573,415 West Sparta 55,413,256 2,261,235 57,674,491 57,674,491 York 169,764,664 5,312,716 175,077,380 175,077,380 TOTALS $2,237,808,029 $53,510,678 $2,291,318,707 $3,229,863,862

Village Totals Village Totals Real Property Village Real Property & Villages Exc. Exemptions Special Franchises Special Franchise

Avon $160,119,819 $ 3,583,439 $163,703,258 Caledonia 94,761,994 2,974,876 97,736,870 Dansville (N.Dansville) 153,123,764 4,865,172 157,988,936 Dansville (Sparta) 0 0 0 Geneseo 223,240,872 3,457,465 226,698,337 Leicester 18,308,512 709,210 19,017,722 Lima 80,627,011 1,534,297 82,161,308 Livonia 62,585,988 1,906,616 64,492,604 Mount Morris 80,282,021 6,661,284 86,943,305 Nunda 38,956,034 846,781 39,802,815 TOTALS $912,006,015 $26,539,140 $938,545,155 2011 EXEMPTIONS - COUNTY EXEMPTIONS: Veteran, Agricultural, Clergy, Business, etc. DECEMBER 14, 2011 351

Towns Town Exemptions Village Exemptions Total Exemptions Avon $ 29,745,123 $ 6,360,989 $ 36,106,112 Caledonia 28,287,824 3,381,267 31,669,091 Conesus 6,335,830 0 6,335,830 Geneseo 32,377,721 11,079,418 43,457,139 Groveland 26,840,394 0 26,840,394 Leicester 18,366,482 705,509 19,071,991 Lima 20,550,037 3,201,921 23,751,958 Livonia 18,984,356 1,460,703 20,445,059 Mount Morris 20,144,934 4,119,915 24,264,849 North Dansville 2,216,385 7,291,421 9,507,806 Nunda 9,484,187 1,405,872 10,890,059 Ossian 5,747,653 0 5,747,653 Portage 9,427,991 0 9,427,991 Sparta 8,798,141 0 8,798,141 Springwater 9,734,199 0 9,734,199 West Sparta 13,109,143 0 13,109,143 York 35,023,468 0 35,023,468 TOTALS $295,173,868 $39,007,015 $334,180,883

EXEMPTIONS: Senior Citizen Town Village Total

Senior Citizen Senior Citizen Senior Citizen Towns Exemptions Exemptions Exemptions Avon $ 1,521,398 $ 2,139,859 $ 3,661,257 Caledonia 806,841 1,986,688 2,793,529 Conesus 1,630,538 0 1,630,538 Geneseo 1,170,779 892,942 2,063,721 Groveland 529,759 0 529,759 Leicester 773,450 195,051 968,501 Lima 2,159,187 1,068,995 3,228,182 Livonia 4,470,756 580,070 5,050,826 Mount Morris 396,386 1,082,992 1,479,378 North Dansville 453,416 2,089,522 2,542,938 Nunda 1,170,962 328,148 1,499,110 Ossian 404,395 0 404,395 Portage 521,912 0 521,912 Sparta 935,242 0 935,242 Springwater 766,128 0 766,128 West Sparta 423,779 0 423,779 York 1,708,163 0 1,708,163 TOTALS $19,843,091 $10,364,267 $30,207,358 2011 ASSESSMENT ROLL FOOTINGS – TOWN PURPOSES Town Totals Town Totals Grand Totals Real Property Town Real Property & Village & Town Towns Exc. Exemptions Special Franchises Special Franchise Real Property & 352 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Special Franchise

Avon $ 206,844,293 $ 5,169,768 $ 212,014,061 $ 375,717,319 Caledonia 120,597,512 3,260,038 123,857,550 221,594,420 Conesus 180,104,363 3,436,446 183,540,809 183,540,809 Geneseo 260,039,844 6,780,875 266,820,719 493,519,056 Groveland 120,544,043 3,843,584 124,387,627 124,387,627 Leicester 84,586,835 3,035,199 87,622,034 106,782,379 Lima 144,085,568 2,675,269 146,760,837 229,128,944 Livonia 453,659,577 7,901,053 461,560,630 526,152,718 Mount Morris 59,881,222 2,033,236 61,914,458 149,252,702 North Dansville 46,791,814 1,408,097 48,199,911 206,188,847 Nunda 76,678,908 1,843,513 78,522,421 118,325,236 Ossian 47,356,638 502,098 47,858,736 47,858,736 Portage 32,873,785 1,332,986 34,206,771 34,206,771 Sparta 75,019,075 1,483,391 76,502,466 76,502,466 Springwater 105,342,241 1,231,174 106,573,415 106,573,415 West Sparta 55,413,256 2,261,235 57,674,491 57,674,491 York 169,764,664 5,312,716 175,077,380 175,077,380 TOTALS $2,239,583,638 $53,510,678 $2,293,094,316 $3,232,483,316

Village Totals Village Totals Real Property Village Real Property & Villages Exc. Exemptions Special Franchises Special Franchise

Avon $160,119,819 $ 3,583,439 $163,703,258 Caledonia 94,761,994 2,974,876 97,736,870 Dansville (N.Dansville) 153,123,764 4,865,172 157,988,936 Dansville (Sparta) 0 0 0 Geneseo 223,240,872 3,457,465 226,698,337 Leicester 18,451,135 709,210 19,160,345 Lima 80,833,810 1,534,297 82,368,107 Livonia 62,685,472 1,906,616 64,592,088 Mount Morris 80,676,960 6,661,284 87,338,244 Nunda 38,956,034 846,781 39,802,815 TOTALS $912,849,860 $26,539,140 $939,389,000 2011 EXEMPTIONS - TOWN EXEMPTIONS: Veteran, Agricultural, Clergy, Business, etc. Towns Town Exemptions Village Exemptions Total Exemptions Avon $ 32,451,881 $ 6,360,989 $ 38,812,870 Caledonia 28,287,824 3,381,267 31,669,091 Conesus 5,942,025 0 5,942,025 Geneseo 32,377,721 11,079,418 43,457,139 Groveland 26,666,319 0 26,666,319 Leicester 18,108,934 562,886 18,671,820 DECEMBER 14, 2011 353

Lima 20,246,429 2,902,259 23,148,688 Livonia 18,359,837 1,361,219 19,721,056 Mount Morris 20,144,934 3,690,716 23,835,650 North Dansville 2,216,385 7,291,421 9,507,806 Nunda 9,641,749 1,405,872 11,047,621 Ossian 5,747,653 0 5,747,653 Portage 9,427,991 0 9,427,991 Sparta 8,798,141 0 8,798,141 Springwater 9,734,199 0 9,734,199 West Sparta 13,109,143 0 13,109,143 York 35,023,468 0 35,023,468 TOTALS $296,284,633 $38,036,047 $334,320,680

EXEMPTIONS: Senior Citizen Town Village Total

Senior Citizen Senior Citizen Senior Citizen Towns Exemptions Exemptions Exemptions Avon $ 1,521,398 $ 2,139,859 $ 3,661,257 Caledonia 806,841 1,986,688 2,793,529 Conesus 1,665,504 0 1,665,504 Geneseo 1,170,779 892,942 2,063,721 Groveland 539,156 0 539,156 Leicester 773,450 195,051 968,501 Lima 2,309,720 1,161,858 3,471,578 Livonia 4,470,756 580,070 5,050,826 Mount Morris 396,386 1,117,252 1,513,638 North Dansville 453,416 2,089,522 2,542,938 Nunda 1,170,962 328,148 1,499,110 Ossian 404,395 0 404,395 Portage 521,912 0 521,912 Sparta 935,242 0 935,242 Springwater 766,128 0 766,128 West Sparta 423,779 0 423,779 York 1,708,163 0 1,708,163 TOTALS $20,037,987 $10,491,390 $30,529,377 and, WHEREAS, the Ways and Means Committee recommends to adopt the Assessment Roll Footings for 2011, 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 be adopted as the basis of equalization of this Board. Dated at Geneseo, New York December 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-420 PROVIDING LEVY FOR TOWN BUDGETS FOR 2012 Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Ways and Means Committee respectfully reports that it has examined the reports, resolutions 354 REPORT OF THE SUPERVISORS’ PROCEEDINGS

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: TOWN LEVY AMOUNTS FOR 2012 Avon Caledonia Conesus Geneseo land Leicester Town General Fund $574,859.00 $305,528.00 $281,178.00 $500,150.00 $60,789.00 $292,141.00 General Outside Village 43,475.00 55,553.00 0 0 0 0 Highway-Townwide 337,814.00 0 831,000.00 341,006.00 338,507.00 189,328.00 Highway-Outside Village 239,738.00 308,771.00 0 290,260.00 0 137,083.00 Public Library 0 0 0 0 0 0 Capital Reserve 0 0 0 0 0 0 SPECIAL DISTRICTS 0 0 0 0 0 0 Light District 12,000.00 0 0 4,400.00 7,300.00 5,600.00 Water District 7,725.00 0 0 258,414.00 51,716.00 19,000.00 Drainage District 2,500.00 0 0 0 0 0 Fire District 391,080.00 287,012.00 128,402.00 0 0 0 Fire Protection 0 0 0 139,000.00 95,306.00 75,000.00 Total Levy-Town Purposes $1,609,191.00 $956,864.00$1,240,580.00 $1,533,230.00 $553,618.00$718,152.00 Chargebacks/Credits 825.43 758.53 2,084.18 2,678.02 1,059.74637.05 Compensation 56,378.00 34,917.0026,021.00 73,058.00 20,461.0017,125.00 TOTAL TOWN LEVY - 2012 $1,666,394.43 $992,539.53 $1,268,685.18 $1,608,966.02 $575,138.74$735,914.05 Lima Livonia Mount Morris N. Dansville Nunda Ossian Town General Fund $281,178.00 $770,723.00 $221,800.00 $361,297.00 $235,398.00 $146,884.00 General Outside Village 69,181.00 134,550.00 46,500.00 6,000.00 56,694.00 0 Highway-Townwide 227,143.00 588,830.00 290,000.00 121,540.00 328,249.00344,240.00 Highway-Outside Village 165,308.00 428,980.00148,000.00 40,703.00 193,634.00 0 Public Library 141,880.00 199,847.00 0 0 0 0 Capital Reserve 0 0 0 0 0 0 SPECIAL DISTRICTS 0 0 0 0 0 0 Light District 0 27,450.00 0 0 5,000.00 0 Water District 0 71,648.00 0 128,200.00 00 Sewer District 0 46,299.00 0 0 0 0 Fire District 0 638,232.00 0 0 0 0 Fire Protection 100,912.00 0 63,115.00 33,244.00 62,847.00 32,669.00 Total Levy-Town Purposes $985,602.00 $2,906,559.00$769,415.00 $690,984.00 $881,822.00$523,793.00 Chargebacks/Credits 1,746.00 1,973.79 537.08 -44.28 1,302.55 0.02 Compensation 34,917.00 75,282.0023,797.00 29,802.00 17,792.006,894.00 TOTAL TOWN LEVY - 2012 $1,022,265.00 $2,983,814.79 $793,749.08 $720,741.72 $900,916.55 $530,687.02 Portage Sparta Springwater West Sparta York Town General Fund $150,799.00 $163,359.00 $266,130.00 $190,598.00 $285,327.00 General Outside Village 0 0 0 00 0 Highway-Townwide 281,006.00 308,633.00 595,574.00 314,640.00 419,170.00 Highway-Outside Village 0 0 0 0 0 DECEMBER 14, 2011 355

Public Library 0 0 0 0 0 Capital Reserve 0 0 0 0 0 SPECIAL DISTRICTS 0 0 0 0 0 Light District 2,950.00 1,300.00 0 0 18,000.00 Water District 0 0 0 11,625.00 244,309.00 Sewer District 0 0 0 0 188,080.00 Fire District 0 0 137,009.00 0 0 Fire Protection 30,291.00 65,800.00 0 64,055.00 167,622.00 Total Levy-Town $1,322,508. Purposes $465,046.00 $539,092.00$998,713.00 $580,918.00 00 Chargebacks/Credits 1,169.95 -0.08 0.02 3,859.01 1,922.38 Compensation 5,894.00 11,676.0015,902.00 9,786.00 29,023.00 TOTAL $1,353,453. TOWN LEVY - 2012 $472,109.95 $550,767.92 $1,014,615.02 $594,563.01 38 it is hereby, RESOLVED, that the several amounts shown in this report as necessary to be raised by 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 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-421 PROVIDING FOR 2012 EQUALIZATION AND APPORTIONMENT OF COUNTY TAXES Mr. Pangrazio presented the following resolution and moved its adoption: WHEREAS, the Ways and Means Committee submits the following table, based on assessed full valuation for the various towns of the County: 2012 EQUALIZATION AND APPORTIONMENT Total Assessed Valuation Full Values Taxable Assessed Value Towns Ratios (Res.#85-210 & 2003- Real Property Equalized Real Property Franchise 368) Avon $ 417,868,127 100.00 $ 417,868,127 $ 378,424,077 Caledonia 255,959,874 100.00 255,959,874 221,594,420 Conesus 191,148,338 100.00191,148,338 183,181,970 Geneseo 538,985,003 100.00 538,985,003 493,519,056 Groveland 151,473,568 100.00 151,473,568 124,222,949 Leicester 126,354,548 100.00 126,354,548 106,382,208 Lima 255,749,210 100.00255,749,210 228,769,070 Livonia 551,637,927 100.00551,637,927 525,428,715 Mount Morris 174,485,979 100.00 174,485,979 148,857,763 North Dansville 218,230,361 100.00 218,230,361 206,188,847 Nunda 130,607,657 100.00130,607,657 118,482,798 Ossian 50,929,514 94.0054,180,334 44,777,466 Portage 43,556,803 100.0043,556,803 34,206,771 Sparta 86,230,494 100.0086,230,494 76,502,466 Springwater 117,073,742 100.00 117,073,742 106,573,415 West Sparta 71,193,410 100.00 71,193,410 57,674,491 356 REPORT OF THE SUPERVISORS’ PROCEEDINGS

York 211,468,546 100.00211,468,546 175,077,380

TOTALS $3,592,953,101 $3,596,203,921 $3,229,863,862

% of County Tax Tax Rate Per $M of Towns Amount of Levy Based on Assessed Values Equalized Values Avon $ 2,881,561.73 .007614636 11.619700 Caledonia 1,765,064.62 .007965294 7.117502 Conesus 1,318,133.03 .007195757 5.315281 Geneseo 3,716,767.51 .007531153 14.987610 Groveland 1,044,541.27 .008408601 4.212041 Leicester 871,323.69 .008190502 3.513553 Lima 1,763,611.90 .007709136 7.111644 Livonia 3,804,020.33 .007239841 15.339451 Mount Morris 1,203,231.63 .008083096 4.851949 North Dansville 1,504,886.86 .007298585 6.068353 Nunda 900,652.65 .007601548 3.631820 Ossian 373,620.24 .008343934 1.506598 Portage 300,361.71 .008780768 1.211188 Sparta 594,633.80 .007772740 2.397820 Springwater 807,324.59 .007575291 3.255481 West Sparta 490,940.03 .008512256 1.979682 York 1,458,258.41 .008329222 5.880327 TOTALS $24,798,934.00 100.000000 COUNTY TAX RATE .007678012 AVERAGE RATIO .999096041 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 these 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 14, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-422 AUTHORIZING THE CHAIRMAN, THE CLERK OF THE BOARD AND THE REAL PROPERTY TAX DIRECTOR TO EXECUTE TAX WARRANTS FOR COLLECTION OF TAXES OF DECEMBER 30, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that warrants for the collection of taxes levied on the 2012 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 30, 2011, 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, 2012. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

DECEMBER 14, 2011 357

RESOLUTION NO. 2011-423 AMENDING THE 2011 DEPARTMENT HEAD SALARY SCHEDULE AND SETTING SALARY FOR ASSISTANT DISTRICT ATTORNEY – JEFFREY V. SCHERER Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: District Attorney’s Office Set an annual salary of $55,375 for Jeffrey V. Scherer of 146 Rochester St., Avon, New York, full-time Assistant District Attorney effective December 12, 2011. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-424 AMENDING THE 2011 DEPARTMENT HEAD SALARY SCHEDULE AND SETTING SALARY FOR ASSISTANT DISTRICT ATTORNEY – SCOTT D. WOODRUFF Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: District Attorney’s Office Set an annual salary of $55,375 for Scott D. Woodruff of 4822 Federal Rd., Hemlock, New York, full-time Assistant District Attorney effective December 12, 2011. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

RESOLUTION NO. 2011-425 ADOPTING THE 2012 MISCELLANEOUS WAGE RATES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the 2012 miscellaneous wage rates are set as follows:

MISCELLANEOUS PAY RATES – 2012 Title 2012 Rate Advanced Life Support Technician $17.92/hr. CNA Trainee $9.01/hr. Conesus Lake Watershed Manager $22.12/hr. Elections Inspector: adult care $50/day facility voter assistance Elections Inspector: BOE office $9.09/hr coverage Elections Inspector: general $180/day election (e.g. 6A – 9P) Elections Inspector: special $180/day election, Federal Elections Inspector: special $125/day election, other Elections Inspector: training $25/day Elections Inspector: village and $125/day primary elections (e.g. 12 P – 9 P) Elections Operations Specialist $20.42/hr. Emergency Medical Technician $11.98/hr. Summer Laborer $10.47/hr. Summer Youth Worker $7.25/hr. Tutor $20.20/hr. Volunteer Coordinator $18.98/hr. 358 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Substitute Office for the Aging Positions

Increase the 2011 rate of pay for each substitute Office for the Aging employee by 1.00% or to $7.25/hour, whichever is greater, to become effective January 1, 2012. Dated at Geneseo, New York December 14, 2011 Ways & Means Committee The roll was called as follows: Ayes - 1,752; Noes - 0; Absent - 0; Adopted.

OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Board Carrie Malone Liv. Cty. Govt. Ctr., Room B10, Geneseo, Business Education Alliance 8/31/13 NY 14454 Howard Mankoff 2700 Perry Road, Leicester, NY 14481 Town of Leicester 8/31/13 Lauren Schwenzer 37 Lincoln Street, Dansville, NY 14437 Town of North Dansville 8/31/13

2. COUNTY ADMINISTRATOR UPDATE – IAN M. COYLE The County Administrator stated that the State of the County is in progress. He has received feedback from department heads on submissions and the State of the County will take place on January 3, 2012 at the Organizational meeting. He asked if any supervisors have information they would like included to let him know. The County Administrator stated that he sent an email to the Board this afternoon. The Citizens Budget Commission produced a very good Medicaid report, they are a non-partisan, good government budget group and they are mirroring legislation recommending that New York State take over the Medicaid program. He stated it is a good report and encouraged the Board of Supervisors to read it.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Wednesday, December 28, 2011 at 1:30 p.m. Carried.

The Board adjourned at 2:15 p.m. DECEMBER 28, 2011 359

REGULAR BOARD MEETING WEDNESDAY, DECEMBER 28, 2011 1:30 P.M. ROLL CALL The roll was called showing all members present except Mr. Martello (Ossian).

PLEDGE OF ALLEGIANCE The County Administrator introduced Dennis G. Chichester: Dennis is a 1967 graduate of York Central School. Immediately after high school, Dennis started working at International Salt until he was drafted on February 24, 1969. He received both Basic and Advanced Infantry training at Ft. Dix, NJ, before being shipped to Vietnam. Dennis was assigned to the 196th Americal Division from July to November 1969 where this unit was involved in some of the heaviest fighting of the Vietnam War. Due to federal law in place at this time, and Dennis' brother being assigned to a Marine Corps unit stationed in Vietnam, Dennis was re- assigned to a unit at Scofield Barracks, HI, until his discharge on February 16, 1971. For his service to his country, Dennis was awarded the Vietnam Service Medal, the Good Conduct Medal and the National Defense Service Medal. An application for the New York State Medal for Merit has been submitted by the Livingston County Veterans Service Agency. Mr. Chichester returned to work at International Salt/AKZO Salt and retired in 1998 after nearly 31 years of service. He then went to work at LUCIDOL/ARKEMA in Piffard where he retired in 2009, after the explosion. He married Margaret "Maggie" Moore on April 19, 1975 and have three children, Kimberly, Michele and Maxwell. They are also the proud grandparents of fourteen month old Cecelia. Dennis and Maggie live in Piffard and are very close friends and a client of the Livingston County Veterans Service Officer.

DENNIS CHICHESTER, A VIETNAM VETERAN led the Pledge of Allegiance.

The County Administrator and Chairman Merrick, on behalf of the Livingston County Board of Supervisors, presented a Certificate of Appreciation to Dennis G. Chichester. The audience presented a standing ovation.

Dennis Chichester introduced his wife Margaret, daughter Kim, granddaughter Cecelia, daughter Michele and family friend Jennifer Lippa. He thanked the Board of Supervisors and everyone for supporting veterans and commended Frank Hollister, Director of Veterans Affairs, for doing a good job and recognized him as a good friend.

Chairman Merrick welcomed and introduced West Sparta Supervisor Elect Gerad Levey. He asked Mr. Levey to stand to be recognized.

APPROVAL OF MINUTES 1. Minutes of 12/14/11 Regular Meeting were approved as presented

PUBLIC HEARINGS 1. LOCAL LAW NO. H - 2011 COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2012 2. LOCAL LAW NO. I - 2011 SANITARY CODE OF THE COUNTY OF LIVINGSTON Chairman Merrick declared the Public Hearings open and asked the County Attorney to comment on Local Law No. H. County Attorney David Morris stated that Local Law H – 2011 provides for salary increases for certain county officers for next year for those officers in the middle of their term of office. The only way to increase salaries for these officers is by local law. Chairman Merrick asked Director of Public Health Joan Ellison to comment on Local Law No. I. J. Ellison indicated this is a small change to the current County Sanitary Code. The Public Health Law stipulated for fines that the State could impose a fine up to $2,000 and counties could impose a fine up to $1,000. The Public Health Law has been changed so they are instinct with each other and now County Health Departments can impose a fine up to $2,000. This local law modifies the County Sanitary Code to bring us up to current law. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No 360 REPORT OF THE SUPERVISORS’ PROCEEDINGS

one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearing would remain open until the end of the meeting.

COMMUNICATIONS 1. Notice of Claim in the matter of Gloria Hall as Administrator with Limited Letters of the Estate of Mary Edick versus the County of Livingston, New York. 2. Thank you note from Chairman James C. Merrick. 3. Thank you note from Virginia O. Amico. 4. Notification from the Villages of Avon, Caledonia, Dansville, Geneseo, Leicester, Lima, Livonia, Mt. Morris, and Nunda requesting the County Treasurer to collect delinquent village taxes for the year 2011-2012.

ABSTRACT OF CLAIMS RESOLUTION NO. 2011-426 APPROVING ABSTRACT OF CLAIMS #12B – DECEMBER 28, 2011 Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #12B dated December 28, 2011 in the total amount of $1,547,866.55. Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

PRIVILEGE OF THE FLOOR 1. DISTRICT ATTORNEY THOMAS MORAN Chairman of Public Services Committee/York Supervisor Gerald Deming requested Privilege of the Floor for District Attorney Thomas Moran. District Attorney Thomas Moran presented the following comments: Mr. Chairman, Members of the Board, Ian, Ginny, David, I have come to say good-bye. Although I won’t be leaving the neighborhood or your building, I will be leaving you as your District Attorney. I wanted to take this opportunity to thank you. I don’t if you know how good you are. I don’t know if you know how good you are to work with and work for. We have the opportunity to go across the state and speak to other District Attorneys and speak to other agencies and listen to their tales of woe and difficulty in tribulation—people that have to deal with internal strife on a regular basis, live in governmental environments that don’t work together but work against each other, and every time you come home, you thank God you live in Livingston County. I was never so pleased and proud to live here, than the day I came over to watch you appoint the new Emergency Medical Services Director. Part of that day had to do with the tax foreclosure sale issue. The passion, the understanding, and the care and concern you showed for the people of Livingston County were amazing. You don’t come here just to sit and do busy work. I watched people who really cared about the other people in Livingston County—you sincerely and deeply cared about what your actions would do and how they affect others. And, you do that all the time. It has been my joy, and it has been my pleasure to work with you. I truly will miss you and I appreciate the opportunity to speak. Thank you and Happy New Year to all of you. The audience presented a standing ovation. Chairman Merrick thanked District Attorney Thomas Moran for a job well done.

PREFERRED AGENDA RESOLUTION NO. 2011-427 ADOPTING 2012 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 2012 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 following list which constitutes the 2012 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. LAST NAME FIRST NAME DEPARTMENT TITLE DECEMBER 28, 2011 361

DIPASQUALE DAVID BOARD OF ELECTIONS DEPUTY COMMISSIONER VACANT BOARD OF ELECTIONS DEPUTY COMMISSIONER LEVEN NANCY L. BOARD OF ELECTIONS ELECTION COMMISSIONER SCHOONOVER LAURA M. BOARD OF ELECTIONS ELECTION COMMISSIONER AMICO VIRGINIA O. BOARD OF SUPERVISORS CLERK OF THE BOARD BABBITT DEBORAH J. BOARD OF SUPERVISORS SUPERVISOR BALDWIN THOMAS B. BOARD OF SUPERVISORS SUPERVISOR DAVIS IVAN C. BOARD OF SUPERVISORS SUPERVISOR DEMING GERALD L. BOARD OF SUPERVISORS SUPERVISOR DIPASQUALE CHARLES J. BOARD OF SUPERVISORS SUPERVISOR DONOHUE BRENDA B. BOARD OF SUPERVISORS SUPERVISOR GOTT ERIC R. BOARD OF SUPERVISORS SUPERVISOR LEFEBER DAVID L. BOARD OF SUPERVISORS SUPERVISOR LEVEY GERAD BOARD OF SUPERVISORS SUPERVISOR MAHUS DENNIS P. BOARD OF SUPERVISORS SUPERVISOR MARTELLO DOMENICK J. BOARD OF SUPERVISORS SUPERVISOR MERRICK JAMES C. BOARD OF SUPERVISORS SUPERVISOR MOORE GARY D. BOARD OF SUPERVISORS SUPERVISOR PANGRAZIO DANIEL L. BOARD OF SUPERVISORS SUPERVISOR SCHUSTER MARK J. BOARD OF SUPERVISORS SUPERVISOR SCUTT ASHLEY E. BOARD OF SUPERVISORS CONFIDENTIAL SEC TO THE CLERK WADSWORTH WILLIAM S. BOARD OF SUPERVISORS SUPERVISOR YENDELL J. PETER BOARD OF SUPERVISORS SUPERVISOR BASSETT FRANKLIN CENTER FOR NURSING & REHAB. DIRECTOR CRYE KATHLEEN CENTER FOR NURSING & REHAB. ASSISTANT DIRECTOR OF NURSING BUILDING & GROUNDS WORKING HELLES TOM CENTER FOR NURSING & REHAB. FOREPERSON DIRECTOR OF REHABILITATIVE JARZYNA ANTHONY CENTER FOR NURSING & REHAB. SERVICES KAVANAGH KIMBERLY CENTER FOR NURSING & REHAB. LEISURE TIME ACTIVITIES DIRECTOR KEEFE BARBARA CENTER FOR NURSING & REHAB. DIRECTOR OF FISCAL SERVICES KRAUSE AMY CENTER FOR NURSING & REHAB. DIRECTOR OF NURSING MCKINNEY CHRIS CENTER FOR NURSING & REHAB. ADMISSIONS COORDINATOR COORDINATOR ADULT DAY HEALTH MEHLENBACHER KATHLEEN CENTER FOR NURSING & REHAB. CARE DIRECTOR OF SOCIAL WORK PARKER KANDIE CENTER FOR NURSING & REHAB. SERVICES WOOD LEROY CENTER FOR NURSING & REHAB. PURCHASING COORDINATOR DEPUTY DIRECTOR OF LONG TERM WOODRUFF STEPHEN CENTER FOR NURSING & REHAB. CARE SUPERVISOR, BUILDING AND ALLEN DAVID CENTRAL SERVICES GROUNDS CAVALIER WILLIAM CENTRAL SERVICES WORKING FOREMAN DRISCOLL JOHN CENTRAL SERVICES WORKING FOREMAN GOODNESS BARBARA COMMUNITY SERVICES FINANCIAL MANAGER DIRECTOR OF COMMUNITY MENTAL LONG GAIL COMMUNITY SERVICES HEALTH SERVICES DEPUTY DIRECTOR OF COMM. VACANT COMMUNITY SERVICES MENTAL HEALTH SERVICES COMMUNITY SERVICES BOARD STUBBLEFIELD BONITA COMMUNITY SERVICES CHAIRPERSON COMMUNITY SERVICES BOARD VICE VACANT COMMUNITY SERVICES CHAIRPERSON COYLE IAN M. COUNTY ADMINISTRATION COUNTY ADMINISTRATOR GROSSE LISA M. COUNTY ADMINISTRATION ADMINISTRATIVE ASSISTANT REES MICHELE COUNTY ADMINISTRATION CONFIDENTIAL SECRETARY MALLABER JEFFERY COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY MORRIS DAVID J. COUNTY ATTORNEY COUNTY ATTORNEY SISSON WENDY COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY DONEGAN TERRENCE P. COUNTY AUDITOR COUNTY AUDITOR CULBERTSON JAMES COUNTY CLERK COUNTY CLERK OLSON KATHLEEN COUNTY CLERK SECOND DEPUTY COUNTY CLERK STRICKLAND MARY COUNTY CLERK DEPUTY COUNTY CLERK 362 REPORT OF THE SUPERVISORS’ PROCEEDINGS

MANN AMY COUNTY TREASURER DEPUTY TAYLOR CAROLYN COUNTY TREASURER COUNTY TREASURER CLARK ROXANNE DEPARTMENT OF HEALTH DOG CONTROL OFFICER ELLISON JOAN H. DEPARTMENT OF HEALTH DIRECTOR HENDERSON ERIK DEPARTMENT OF HEALTH FINANCE SUPERVISOR KING PRUDENCE DEPARTMENT OF HEALTH DIRECTOR OF PATIENT SERVICES MATLIN M.D. ARNOLD DEPARTMENT OF HEALTH MEDICAL CONSULTANT DIRECTOR OF ENVIRONMENTAL MAZUROWSKI JAMES DEPARTMENT OF HEALTH HEALTH PERAINO JAMES DEPARTMENT OF HEALTH FISCAL MANAGER SHEFLIN CYNTHIA DEPARTMENT OF HEALTH DIRECTOR OF PATIENT SERVICES STALLONE MARY MARGARET DEPARTMENT OF HEALTH DIRECTOR OF PATIENT SERVICES DEPARTMENT OF HEALTH - BOARD OF BREEN M.D. DAVID HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF CAREY CAROL HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF GODSAVE ED. D. BRUCE HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF HANSON M.D. JEFFERY HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF SHAH, M. D. MANISH HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF MACKENZIE DOUGLAS J. HEALTH MEMBER DEPARTMENT OF HEALTH - BOARD OF YENDELL J. PETER HEALTH SUPERVISOR MEMBER VACANT DEPARTMENT OF SOCIAL SERVICES DIRECTOR OF SERVICES DAVIDSON MICHELE DEPARTMENT OF SOCIAL SERVICES STAFF DEVELOPMENT COORDINATOR DEANE DIANE DEPARTMENT OF SOCIAL SERVICES COMMISSIONER GULESANO KRISTINE DEPARTMENT OF SOCIAL SERVICES SECRETARY TO THE COMMISSIONER KOCH SHARON DEPARTMENT OF SOCIAL SERVICES HEAD SOCIAL WELFARE EXAMINER DIRECTOR OF ADMINISTRATIVE MACOMBER GEORGE DEPARTMENT OF SOCIAL SERVICES SERVICES PECK DAVID DEPARTMENT OF SOCIAL SERVICES EMPLOYMENT COORDINATOR RAWLEIGH GINNY DEPARTMENT OF SOCIAL SERVICES CHILD SUPPORT COORDINATOR SWIFT RUTH DEPARTMENT OF SOCIAL SERVICES HOUSING PROGRAMS COORDINATOR SYLVESTER JOHN DEPARTMENT OF SOCIAL SERVICES SOCIAL SERVICES ATTORNEY CICORIA RONALD DISTRICT ATTORNEY ASSISTANT MACKAY KYLE DISTRICT ATTORNEY ASSISTANT MORAN THOMAS DISTRICT ATTORNEY DISTRICT ATTORNEY QUINTILONE LINDSAY DISTRICT ATTORNEY ASSISTANT ROWCLIFFE VICTOR D. DISTRICT ATTORNEY ASSISTANT SCHIENER ERIC DISTRICT ATTORNEY ASSISTANT TONRA JOSHUA DISTRICT ATTORNEY ASSISTANT MARSHALL JULIE ECONOMIC DEVELOPMENT DEPUTY DIRECTOR ROUNTREE PATRICK ECONOMIC DEVELOPMENT ADMINISTRATIVE DIRECTOR BOSCOE STEVEN ECONOMIC DEVELOPMENT - IDA MEMBER BROOKS PHILIP S. ECONOMIC DEVELOPMENT - IDA MEMBER GOTT ERIC ECONOMIC DEVELOPMENT - IDA MEMBER SMITH ROBERT ECONOMIC DEVELOPMENT - IDA MEMBER YENDELL J. PETER ECONOMIC DEVELOPMENT - IDA MEMBER BACON WILLIAM ECONOMIC DEVELOPMENT - IDA MEMBER DOERFLINGER SUSAN ECONOMIC DEVELOPMENT - IDA MEMBER NIEDERMAIER KEVIN EMERGENCY MANAGEMENT SERVICES DIRECTOR DEWAR KAREN EMERGENCY MEDICAL SERVICES DIRECTOR SUPERVISING ADVANCED LIFE VACANT EMERGENCY MEDICAL SERVICES SUPPORT TECHNICIAN MAIRS THOMAS A. EMPIRE ZONE BOARD MEMBER MAZZA DOMINIC F. EMPIRE ZONE BOARD ZONE RESIDENT MERRICK JAMES C. EMPIRE ZONE BOARD MEMBER MORAN, CPA TRACY A. EMPIRE ZONE BOARD MEMBER OSWALD CYNTHIA L. EMPIRE ZONE BOARD MEMBER SHAY JON H. EMPIRE ZONE BOARD MEMBER DECEMBER 28, 2011 363

VACANT EMPIRE ZONE BOARD MEMBER BAREFOOT DENNIS J. HIGHWAY DEPUTY SUPERINTENDENT COWLEY STEPHEN HIGHWAY DEPUTY SUPERINTENDENT VACANT HIGHWAY DEPUTY SUPERINTENDENT HIGGINS DONALD N. HIGHWAY SUPERINTENDENT ADMINISTRATIVE HIGHWAY SZOCZEI-BREHM ELAINE D. HIGHWAY MANAGER ALDEN AMIE HISTORIAN COUNTY HISTORIAN VACANT HISTORIAN DEPUTY COUNTY HISTORIAN INFORMATION & TECHNOLOGY NIESWIADOMY DALE SERVICES DIRECTOR INFORMATION & TECHNOLOGY VANSON ELAINE SERVICES DEPUTY DIRECTOR SMITH KAAREN OFFICE FOR THE AGING DIRECTOR BEACH LAURAINE M. PERSONNEL PERSONNEL ASSISTANT LYNN TISH E. PERSONNEL PERSONNEL OFFICER ELLIS ANGELA PLANNING PLANNING DIRECTOR FERRERO HEATHER PLANNING PLANNER TEMPLETON ROBERT PLANNING ENERGY PROGRAMS SUPERVISOR PLANNING - AG & FARMLAND WHITE JON PROTECTION BOARD CHAIRPERSON PLANNING - AG & FARMLAND VACANT PROTECTION BOARD VICE CHAIRPERSON ERDLE SUE PLANNING - COUNTY PLANNING BOARD CHAIRPERSON GEHRIG CATHIE PLANNING - COUNTY PLANNING BOARD VICE CHAIRPERSON PLANNING - ENVIRONMENTAL VACANT MANAGEMENT COUNCIL VICE CHAIRPERSON PLANNING - ENVIRONMENTAL VACANT MANAGEMENT COUNCIL CHAIRPERSON MIGNEMI LYNNE PROBATION DIRECTOR CLARK TETAMORE MARCEA PUBLIC DEFENDER PUBLIC DEFENDER CONNOR ANN ELIZABETH PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER DONOHUE BURNS KELLY PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER LARAGY CHRISTOPHER PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER LOCKHART III JOHN PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER MCCANN JAMES PUBLIC DEFENDER ASSISTANT PUBLIC DEFENDER PUKOS JOSEPH REAL PROPERTY TAX DIRECTOR MONTEMARANO KATHERINE RECORDS MANAGEMENT RECORDS INVENTORY SUPERVISOR BURGESS MATTHEW SHERIFF MAJOR ROSE JAMES SHERIFF MAJOR SMITH CHRISTOPHER SHERIFF MAJOR SZCZESNIAK JAMES SHERIFF UNDERSHERIFF YORK JOHN M. SHERIFF SHERIFF HOLLISTER FRANK VETERANS' SERVICE AGENCY DIRECTOR ANDERSON TIMOTHY WATER & SEWER AUTHORITY MEMBER BEARDSLEY STEVEN WATER & SEWER AUTHORITY MEMBER BROOKS PHILIP S. WATER & SEWER AUTHORITY MEMBER HINDS MICHAEL WATER & SEWER AUTHORITY MEMBER WATER TREATMENT PLANT KOSAKOWSKI MARK D. WATER & SEWER AUTHORITY OPERATOR MOORE GARY D. WATER & SEWER AUTHORITY MEMBER SENIOR SEWAGE TREATMENT PLANT SHAVER MICHAEL K. WATER & SEWER AUTHORITY OPERATOR STEWART W. HAROLD WATER & SEWER AUTHORITY MEMBER TRAVIS JUDITH WATER & SEWER AUTHORITY FINANCIAL MANAGER VANHORNE CATHERINE WATER & SEWER AUTHORITY DIRECTOR VACANT WATER & SEWER AUTHORITY MEMBER WORKFORCE DEV - COMMUNITY HOLBROOK TERRY INITIATIVES COUNCIL VICE CHAIRPERSON WORKFORCE DEV - COMMUNITY GARDNER CATHARINE INITIATIVES COUNCIL CHAIRPERSON WORKFORCE DEVELOPMENT & YOUTH MITCHELL C. KEITH BUREAU DIRECTOR VACANT WORKFORCE DEVELOPMENT & YOUTH DEPUTY DIRECTOR 364 REPORT OF THE SUPERVISORS’ PROCEEDINGS

BUREAU

Dated at Geneseo, New York December 28, 2011 Ways and Means Committee

RESOLUTION NO. 2011-428 ADOPTING 2011 TOWN BONDED INDEBTEDNESS REPORTS RESOLVED, that the report 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 2011 Proceedings. 2011 REPORT OF TOWN BONDED INDEBTEDNESS INCLUDING SPECIAL DISTRICTS Town Purpose or Title of Method of Interest Unpaid Balance Due in Next Obligations Payment Rate as of 12/31/11 Fiscal Year 2012

AVON Town Highway Facility Serial Bond 5.3% $120.000.00 $40,000.00 Capital Water Project Serial Bond 3.381% $1,065,000.00 $75,000.00 Opera Block/Town Hall Serial Bond 2.25% $1,000,000.00 $100,000.00 Henty Road Improvements BAN 1.82% $140,000.00 $35,000.00 Route 39 Water Ext. BAN 2.25% $210,000.00 $3,000.00

TOTAL $2,535,000.00 $253,000.00

CALEDONIA Water Dist. #1 Serial Bond 4.9% $30,000.00 $6,347.50

TOTAL $30,000.00 $6,347.50

CONESUS Roller & John Deer Tractor BAN 3.4% $20,000.00 $20,000.00 Dump Truck 09 F450 BAN 3.25% $55,000.00 $27,500.00 Volvo Excavator BAN 2.35% $55,000.00 $18,333.00

TOTAL $130,000.00 $65,833.00

GENESEO Water District #1 Serial Bond 4.5% $240,000.00 $40,000.00 Water District #2 Serial Bond 4.5% $400,000.00 $80,000.00 Water District #4 BAN 2.75% $24,514.00 $10,586.00 Long Point Park Bathroom BAN 2.7% $60,000.00 $30,000.00 Water District #5 BAN 2.5% $131,697.00 $3,724.00 Highway Vehicle BAN 2.45% $161,600.00 $41,600.00 Water District #3 BAN 2.70% $79,787.00 $15,600.00

TOTAL $1,097,598.00 $221,510.00

GROVELAND Conesus Lake Water District BAN 2.5% $591,040.00 $36,940.00

TOTAL $591,040.00 $36,940.00

LEICESTER NONE

LIMA Water District #2 Serial Bond 5.3% $27,000.00 $3,537.00 Water District #3 Serial Bond 5.3% $55,000.00 $9,233.00 Highway Facility Serial Bond 3.55% $180,000.00 $37,610.00

TOTAL $262,000.00 $50,380.00

LIVONIA S. Livonia Water Dist. Serial Bond 5.00% $9,000.00 $1,500.00 Lakeville Water Dist. Serial Bond 4.875% $346,000.00 $49,700.00 Improvements DECEMBER 28, 2011 365

East Lake Road Water Dist. Serial Bond 3.00% $850,000.00 $125,000.00 Hemlock Sewer Dist. CWSRF Bonds 0.0% $494,890.00 $20,621.00 Hemlock Sewer Dist. BAN 1.48% $361,000.00 $14,200.00

TOTAL $2,060,890.00 $211,021.00

MT. MORRIS Ambulance BAN 3.5% $60,000.00 $60,000.00 Tractor BAN 3.5% $30,000.00 $30,000.00

TOTAL $90,000.00 $90,000.00

NORTH Town Hall Renovation Serial Bond 5.30% $630,000.00 $85,000.00 DANSVILLE Belle Vista Water Dist. Serial Bond 3.50% $1,240,000.00 $65,000.00

TOTAL $1,870,000.00 $150,000.00

NUNDA Government Center BAN 3.25% $80,000.00 $20,000.00 Excavator BAN 2.95% $60,000.00 $20,000.00 10 Wheeler Dump truck BAN 2.95% $60,000.00 $20,000.00

TOTAL $200,000.00 $60,000.00

OSSIAN NONE

PORTAGE NONE

SPARTA NONE

SPRINGWATER Sewer Improvements Serial Bond 0.00% $2,964,173.00 $90,329.00 2009 GMC Truck TAN 4.04% $65,050.00 $18,350.00

TOTAL $3,029,223.00 $108,679.00 WEST SPARTA Woodsville Water District BAN 2.5% $230,000.00 $5,750.00

TOTAL $230,000.00 $5,750.00 YORK Consolidated Water Serial Bond 4.50% $1,670,000.00 $50,000.00 Consolidated Water Serial Bond 7.125% $126,000.00 $7,000.00 Consolidated Water Serial Bond 4.375% $72,800.00 $2,800.00 Consolidated Water Serial Bond 4.375% $195,000.00 $7,500.00 Sewer #1 Serial Bond 0.000% $2,732,584.00 $118,808.00 Sewer #1 Phase II Serial Bond 0.000% $1,125,520.00 $43,290.00 Sewer #2 Serial Bond 0.000% $832,793.00 $32,031.00

TOTAL $6,754,697.00 $261,429.00 Dated at Geneseo, New York December 28, 2011 Ways and Means 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. Pangrazio and seconded by Mr. Deming to move the Preferred Agenda. Carried. The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTIONS RESOLUTION NO. 2011-429 AUTHORIZING YEAR-END TRANSFERS 366 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer 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 Livingston County Administrator. Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-430 AUTHORIZING YEAR-END 2011 BUDGET AMENDMENTS Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested budget amendments per the Budget Amendment Forms on file in the Office of the Clerk of the Board which have been approved by the Livingston County Administrator. Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-431 APPROVING GASB 54 COMPLIANT FUND BALANCE POLICY Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby approves the GASB 54 Compliant Fund Balance Policy attached hereto. Livingston County Fund Balance Policy December 2011

BACKGROUND: The Governmental Accounting Standards Board (GASB) has issued Statement 54, Fund Balance and Governmental Fund Type Definitions, which will be required to be incorporated in to the County’s financial statements for the year ending December 31, 2011. The Government Finance Officers Association (GFOA) recommends that governments establish a policy on the level of unrestricted fund balance that should be maintained in the general fund. DEFINITIONS: GASB has replaced the earlier reserved and unreserved fund balance classifications with the following ones: Nonspendable – Consists of assets that are inherently nonspendable in the current period either because of their form or because they must be maintained intact, including prepaid items, inventories, long-term portions of loans receivable, financial assets held for resale, and principle of endowments. Restricted – Consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation. Committed – Consists of amounts that are subject to a purpose constraint imposed by a formal action of the government’s highest level of decision-making authority before the end of the fiscal year, and the same level of formal action is required to remove the constraint. Assigned – Consists of amounts that are subject to a purpose constraint that represents an intended use established by the government’s highest decision-making authority, or by their designated body or official. The purpose of the assignment must be narrower than the purpose of the general fund, and in funds other than the general fund, assigned fund balance represents the residual amount of fund balance. Unassigned – Represents the residual classification for the government’s general fund, and could report a surplus or a deficit. In funds other than the general fund, the unassigned classification should be used only to report a deficit balance resulting from overspending for the specific purposes for which amounts had been restricted, committed or assigned. POLICY: DECEMBER 28, 2011 367

1. When resources have been spent, the County deems that they have been first spent from the highest constraint level available; therefore, they are considered to have been spent in the following order: restricted, committed, assigned and unassigned. 2. The County will maintain an adequate fund balance in its general fund to provide flexibility and to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures), to ensure stable tax rates, to provide for one-time opportunities and to retain favorable credit ratings. The County will endeavor to maintain unassigned fund balances in its general fund of twenty percent (20%) of regular general fund operating expenditures, net of local sales tax distribution. This amount provides the liquidity necessary to accommodate the County’s uneven cash flow, which is inherent in its periodic tax collection schedule, and to respond to contingent liabilities. 3. The actual level of fund balance in the County’s general fund is determined in its annual financial statement, several months after the end of the fiscal year. The County’s budgeting process, which culminates both in the establishment of the following year’s tax rate and the use of any appropriated fund balance, begins approximately two years in advance of the financial statement that will show the budget’s results. Because of this time lag and because of the uncertainties of the budgeting process (such as the amounts of appropriated fund balance actually used each year), it is not possible to guarantee in advance a specific level of fund balance at the close of any fiscal year. Therefore, the County will use the following procedure to adjust the levels of fund balance, as necessary. PROCEDURE: 1. Once the external auditor has reviewed the County’s financial statements for the prior year and has confirmed the fund balances of the general fund, the County Administrator will recommend to the Ways and Means committee of the Board of Supervisors the amounts and types of assignments for the fund balance to be included in the financial statement. 2. The Ways and Means committee will review these assignments, discuss them with the external auditor as necessary and accept or modify the assignments prior to the presentation of the statement to the Board. 3. The County Administrator, as Budget Officer, shall make recommendations regarding the use of fund balance to be appropriated in the following year’s budget based on this policy; specifically, he shall recommend an amount that will, in his estimation, retain the requisite/appropriate level of fund balances established in this policy. Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-432 INCREASING CAPITAL PROJECT ACCOUNT – INFORMATION AND TECHNOLOGY CAPITAL UPGRADES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the County Treasurer is authorized to increase Capital Project Account H1680.2900 in the amount of $382,000.00 to be funded from Interfund Transfers H1680.5031 in the amount of $382,000.00, and it is further RESOLVED, that the County Treasurer is hereby directed to use unanticipated FMAP revenue account A10004489 to transfer money from the General Fund Transfer to Capital Account A9950.9000 in the amount of $382,000.00. Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-433 AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR AUDITING OF LIVINGSTON COUNTY’S DEFERRED COMPENSATION PLANS – FREED MAXICK & BATTAGLIA, PC Mr. Pangrazio presented the following resolution and moved its adoption: 368 REPORT OF THE SUPERVISORS’ PROCEEDINGS

WHEREAS, the County of Livingston solicited a Request for Proposal for Auditing of Livingston County’s Deferred Compensation Plans, and five proposals were received, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract, which is determined to be the most qualified to provide said services subject to review by the County Attorney and County Administrator: Contractor Term Amount Freed Maxick & Battaglia, PC Years ending 12/31/11 and 12/31/12 $5,100.00 per year One Evans Street Batavia, NY 14020 For: Auditing of Livingston County’s Deferred Compensation Plans Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-434 REPORTING NAMES FOR THE MEMORIAL PAGE FOR THE 2011 PROCEEDINGS Mr. Pangrazio 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 former Supervisors who have died during the year: Town Year Served Supervisor Conesus 1996-2001 Donna L. Avery West Sparta 1980-1987 Clarence L. Sahrle Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-435 ESTABLISHING ORGANIZATIONAL MEETING FOR THE YEAR 2012 Mr. Pangrazio 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 Tuesday, January 3, 2012, for the purpose of organizing the Board for the year 2012 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 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

RESOLUTION NO. 2011-436 ADOPTING SALARIES OF THE EMPLOYEES OF THE COUNTY COVERED BY THE CIVIL SERVICE EMPLOYEES ASSOCIATION FULL-TIME EMPLOYEE UNIT CONTRACT, THE CIVIL SERVICE EMPLOYEES ASSOCIATION PART-TIME/SEASONAL EMPLOYEE UNIT CONTRACT, THE NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION COUNCIL 82, LIVINGSTON COUNTY DEPUTY SHERIFFS' ASSOCIATION CONTRACT, THE LIVINGSTON COUNTY COALITION OF PATROL SERVICES CONTRACT, AND THE NEW YORK STATE NURSES ASSOCIATION CONTRACT FOR THE YEAR 2012, AND ESTABLISHING CERTAIN COMPENSATION AND BENEFITS FOR OTHER EMPLOYEES Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, that the salaries of employees of the County covered by the Civil Service Employees Association Full-time Employee Unit Contract, the Civil Service Employees Association Part-Time/Seasonal Employee Unit DECEMBER 28, 2011 369

Contract, the New York State Law Enforcement Officers Union Council 82 Livingston County Deputy Sheriffs' Association Contract, the Livingston County Coalition of Patrol Services 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, plus any applicable longevities for the CSEA Part-time/Seasonal employees. Such salaries shall be effective January 1, 2012, and, be it, further RESOLVED, that the contract between the County of Livingston and the Livingston County Civil Service Employees Association Full-time Employee Unit for the period January 1, 2010 through December 31, 2012, and the contract between the County of Livingston and the Civil Service Employees Association Part-Time/Seasonal Employee Unit for the period January 1, 2010 through December 31, 2012, and the contract between the County of Livingston and the New York State Law Enforcement Officers Union Council 82 Livingston County Deputy Sheriffs' Association for the period January 1, 2008 through December 31, 2010, and the contract between the County of Livingston and the Livingston County Coalition of Patrol Services for the period January 1, 2009 through December 31, 2012, and the contract between the County of Livingston and the New York State Nurses Association for the period July 1, 2010 through June 30, 2011, be and they hereby are, made a part hereof to the effect that all of the provisions of the five contracts shall become a part of the 2012 Livingston County Salary Schedule, and, be it, further RESOLVED, that the provisions of said contract between the County of Livingston and the Livingston County Civil Service Employees Association Full-time Employee Unit shall inure to the benefit of all Livingston County positions which are included in the Civil Service Employees Association Full-time Employee Unit, and, be it, further RESOLVED, that the provisions of said contract between the County of Livingston and the Livingston County Civil Service Employees Association Part-time/Seasonal Employee Unit shall inure to the benefit of all Livingston County positions which are included in that unit, and, be it, further RESOLVED, that the provisions of said contract between the County of Livingston and the New York State Law Enforcement Officers Union Council 82 Livingston County Deputy Sheriffs' Association shall inure to the benefit of all positions in the Sheriff’s Department which are included in the that unit, and, be it, further RESOLVED, that the provisions of said contract between the County of Livingston and the Livingston County Coalition of Patrol Services shall inure to the benefit of all positions in the Sheriff’s Department which are included in that unit, and, be it, further 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 Department of Health which are included in the New York State Nurses Association unit, and, be it, further RESOLVED, that the mileage rate of 55.5¢ per mile as authorized by Section 203 of the County Law shall be effective for the year 2012 and the mileage rate adjustments for the year 2012 will be governed by Resolution No. 2011- 253 and, be it, further 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 2012 plus allowable mileage, upon audit of their claims by the County Auditor, and, be it, further RESOLVED, that the members of the Community Services Board, who are not receiving County salaries, shall be reimbursed for mileage at 55.5¢ per mile and expenses are paid for meals according to the rates established in the Travel Policy effective January 1, 2012, upon audit of their claims by the County Auditor, and, be it, further 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 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 RESOLVED, that physical examinations for all Center for Nursing and Rehabilitation and Public Health nurses, where required by law to have same, be provided at County expense or as otherwise provided by collective bargaining agreement, and, be it, further RESOLVED, that employee benefits for full-time Department Heads shall be provided as follows: 1. Retirement, Sick Leave, Bereavement Leave, Holidays and Personal Leave. Retirement, sick leave, bereavement leave, holidays and personal leave shall be provided as follows: a. Generally. All full-time Department Heads, except those specified in paragraph b, shall receive these benefits as set forth in the Civil Service Employees Association full-time employee unit contract. b. Exceptions. 370 REPORT OF THE SUPERVISORS’ PROCEEDINGS

i. Department of Health Department Heads. The Public Health Director and Directors of Patient Services shall receive these benefits as set forth in the New York State Nurses' Association contract. ii. Sheriff’s Office Majors. The Deputy Sheriff/Majors shall receive these benefits as follows: a. Corrections Major: as set forth in the New York State Law Enforcement Officers Union Council 82 Livingston County Deputy Sheriff's Association contract; and b. Investigations and Road Patrol Majors: as set forth in the Livingston County Coalition of Patrol Services contract. 2. Vacation. a. Department Heads other than those listed in subsection “b” below will be provided with vacation as provided in this subsection. Such Department Heads will accrue vacation in accordance with the following table: Anniversary of Date of Hire Vacation Accruals 6 month 5 days 1 – 10 year 15 days 11 year 16 days 12 year 17 days 13 year 18 days 14 year 19 days

15–24 year 20 days

25 year and subsequent anniversaries 25 days

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. Department Heads may receive payment in lieu of vacation on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement. b. The following Department Heads employed at the Department of Health will accrue vacation on the same basis as provided under the NYSNA contract. These Department Heads are: The Public Health Director, the Directors of Patient Services, and the WIC Program Coordinator. These department heads shall not be entitled to vacation carryover or payment in lieu of vacation unless such benefits are provided by the NYSNA contract. c. Accrued vacation will not be payable upon termination of employment unless the requirements set forth in Article 18, §4 of the CSEA full-time employee collective bargaining agreement are met. “Notice of termination” as used in Article 18, §4 subparagraph d shall mean when applied to Department Heads: (i) notice of disciplinary charges for those with Civil Service Law §75 or similar due process rights, or (ii) actual notice of termination for all others. 3. Health Insurance. a. Eligibility. Full-time Department Heads set forth in the Department Head list shall be entitled to health insurance on the first day of the month following appointment. b. Plan Options. Eligible Department Heads shall have the following health insurance options: Blue Point 2 B and Blue Point 2 D or substantially equivalent coverage. c. Employee Contributions Toward Cost of Coverage. i. Date of hire before June 1, 2003. Department Heads hired prior to June 1, 2003 shall not contribute to the cost of their health insurance coverage. ii. Date of hire on or after June 1, 2003. Department Heads hired on or after June 1, 2003 but before January 1, 2011, shall contribute 25 percent of the cost of their health insurance coverage. iii. Date of hire on or after January 1, 2011. Department Heads hired on or after January 1, 2011, shall contribute 30 percent of the cost of their health insurance coverage for the first ten years of continuous employment as a full-time employee. Thereafter, they shall contribute 25 percent of the cost of their health insurance coverage. d. Health Insurance Drop Payments. DECEMBER 28, 2011 371

i. Eligibility. Department Heads who drop or who forego County health insurance coverage shall be entitled to a "drop payment" after they have been without County health insurance for at least one year. New Department Heads who are eligible for health insurance benefits and forego such benefits are eligible for a prorated drop payment in their first year as a Department Head. ii. Procedure to obtain benefit. In order to receive a drop payment, a Department Head must submit a written request for the payment and provide an affidavit to the Personnel Office proving that he/she has health insurance coverage through another source. Such affidavit must be provided between March 15 and April 15 of the year in which payment is requested. iii. Date of payment. Drop payments will be made in the first pay period of June each year. iv. Amount of payment. The amount of the drop payment will be 50 percent of the County’s cost of coverage at the level (e.g. two person, family, etc.) that would have been appropriate for the Department Head and his/her family, if applicable. The “County’s cost of coverage” shall be the County’s share of the plan premium for the Blue Point 2 B plan if it is a coverage option, otherwise of the most expensive plan offered to Department Heads at the time of the health insurance drop payment. For example, if the County would have paid 75% of the cost of the employee’s health insurance as of June 1 of the drop payment year and the total cost of the insurance is $12,000 per year on June 1 of the drop payment year, the employee’s drop payment will be: $12,000 x .75  2 = $4500. e. Retiree Health Insurance. i. Eligibility. Full-time Department Heads hired before November 8, 2006, who are eligible for and receive County health insurance benefits immediately preceding retirement shall be eligible for retiree health insurance benefits if they meet the eligibility criteria set forth in the CSEA full-time employee unit contract unless they have waived their right to this benefit in order to participate in the deferred compensation matching plan. Eligible employees who elect this benefit shall be responsible to pay the same percentage of the cost of such insurance that they paid as active employees. Full-time Department Heads hired on or after November 8, 2006 are not eligible for retiree health insurance benefits paid in whole or in part by the County, but may purchase such insurance through the County if they participated in the deferred compensation matching plan immediately preceding retirement. ii. Alternate health insurance coverage. If any former Department Head receiving retiree health insurance benefits paid in whole or in part by the County establishes permanent residency outside of the County’s health insurance plan(s) service area, he/she may purchase alternative health insurance and the County will reimburse the retiree for the cost of such alternative coverage up to the County’s share of the cost of coverage provided by the County immediately preceding the change in coverage. f. Health Insurance for Dependents Following Death of Department Head. In the event that a Department Head dies in service, health insurance benefits for covered family members will be continued on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement. 4. Deferred compensation. a. Deferred compensation plan. Full-time, permanent Department Heads shall be eligible to participate in the County’s deferred compensation plan on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement. b. Deferred compensation matching plan. Full-time, permanent Department Heads shall be eligible to participate in the County’s deferred compensation matching plan on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement. 5. Flexible Spending Account. Full-time, permanent Department Heads shall be eligible to participate in the County’s flexible spending account on the same basis as provided to CSEA full-time unit employees under the terms of their collective bargaining agreement, be it further 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, be it, further RESOLVED, that effective January 1, 2012, the portion and parts of all previous resolutions and acts of this 372 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Board, which are in conflict with the provisions of this resolution shall be rescinded and annulled. Salary Schedule Index 2012 DEPARTMENT HEAD Aging, Office for the (AGIN) ...... #11-16 Board of Elections (BOE)...... #17-20 Board of Supervisors (BOS) ...... #1-10 Center for Nursing and Rehabilitation (CNR)...... #21-32 Central Services (CS)...... #33-36 Clerk’s Office (CLER)...... #37-39 County Attorney (ATNY)...... #40-42

County Highway (see Highway) County Historian (see Historian) District Attorney (DA)...... #43-53 Economic Development (ECOD) ...... #54-55 Emergency Management Services (EMS)...... #56 Emergency Medical Services (E MED S) ...... #57 Health, Department of (DOH) ...... #58-68 Highway (HWAY)...... #69-73 Historian (HIST) ...... #74 Information Technology Services (ITS) ...... #75-76 Mental Health (MH) ...... #77-79 Personnel (PERS)...... #80-84 Planning (PLAN) ...... #85 Probation (PROB)...... #86 Public Defender (PD)...... #87-94 Public Health Department (See Health, Department of) Public Works (PW)...... #95-97 Real Property Tax Services (RPTS) ...... #98 Records Management Department (See Board of Supervisors) Sheriff’s Department (SHER)...... #99-105 Social Services (DSS)...... #106-112 Traffic Safety (TRAF) ...... #113 Treasurer (TREA) ...... #114-115 Veterans Affairs Service Agency (VET) ...... #116 Workforce Development Services (WDS)...... #117

OTHERS/HOURLY FULL TIME Aging, Office for the (AGIN) ...... #118-122 Center for Nursing and Rehabilitation (CNR)...... #123-337 Central Services (CS)...... #338-358 Clerk’s Office (CLER)...... #359-378 County Highway (see Highway) District Attorney (DA)...... #379-381 Economic Development (ECOD) ...... #382 Emergency Management Services (EMS)...... #383 Health, Department of (DOH) ...... #384-458 Highway (HWAY)...... #459-491 Information Technology Services (ITS) ...... #492-499 Mental Health (MH) ...... #500-518 Planning (PLAN) ...... #519-528 DECEMBER 28, 2011 373

Probation (PROB)...... #529-543 Public Defender (PD)...... #544 Public Health Department (See Health, Department of) Public Works (PW)...... #545-557 Real Property Tax Services (RPTS) ...... #558-560 Sheriff’s Department (SHER)...... #561-678 Social Services (DSS)...... #679-819 Treasurer (TREA) ...... #820-825 Workforce Development Services (WDS)...... #826-834

OTHERS/HOURLY PART TIME Aging, Office for the (AGIN) ...... #835-860 Board of Elections (BOE)...... #861-862 Center for Nursing and Rehabilitation (CNR)...... #863-1092 Central Services (CS)...... #1093-1099 Clerk’s Office (CLER)...... #1100 County Highway (see Highway) County Historian (see Historian) Health, Department of (DOH) ...... #1101-1219 Highway (HWAY)...... #1220-1231 Historian (HIST) ...... #1232-1234 Mental Health (MH) ...... #1235 Personnel (PERS)...... #1236 Planning (PLAN) ...... #1237 Real Property Tax Services (RPTS) ...... #1238 Records Management Department ...... #1239-1241 Sheriff’s Department...... #1242-1305 Social Services (DSS)...... #1306-1309 Veterans Affairs Service Agency (VET) ...... #1310 Workforce Development Services (WDS)...... #1311-1336

RATE SCHEDULES Aging, Office for the, substitute positions...... i CSEA Full-time Rate Schedule ...... ii CSEA Part-time Rate Schedule ...... ii CSEA Part-time Nursing Assistants Rate Schedule ...... ii Council 82 Rate Schedule...... iii LCCOPS Rate Schedule ...... iii Miscellaneous Pay Rates...... i Public Health Nursing Rate Schedule...... iv

MISCELLANEOUS PAY RATES – 2012 Title 2012 Rate Advanced Life Support Technician $17.92/hr. CNA Trainee $9.01/hr. Conesus Lake Watershed Manager $22.12/hr. Elections Inspector: adult care $50/day facility voter assistance Elections Inspector: BOE office $9.09/hr coverage Elections Inspector: general $180/day election (e.g. 6A – 9P) 374 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Elections Inspector: special $180/day election, Federal Elections Inspector: special $125/day election, other Elections Inspector: training $25/day Elections Inspector: village and $125/day primary elections (e.g. 12 P – 9 P) Elections Operations Specialist $20.42/hr. Emergency Medical Technician $11.98/hr. Summer Laborer $10.47/hr. Summer Youth Worker $7.25/hr. Tutor $20.20/hr. Volunteer Coordinator $18.98/hr. Substitute Office for the Aging Positions Increase the 2011 rate of pay for each substitute Office for the Aging employee by 1.00% or to $7.25/hour, whichever is greater, to become effective January 1, 2012. i CSEA FULL-TIME RATE SCHEDULE 2012 New Base Step 1 Step 2 Step 3 Step 4 Step 5 Increment Longevity Grade Hire 1 11.39 12.68 13.14 13.63 14.15 14.62 15.08 0.46 0.32 2 11.48 12.77 13.32 13.84 14.46 15.02 15.57 0.49 0.35 3 11.92 13.21 13.78 14.27 14.88 15.42 15.98 0.49 0.35 4 12.08 13.41 14.10 14.65 15.27 15.78 16.38 0.51 0.36 5 12.63 14.05 14.61 15.16 15.74 16.30 16.87 0.51 0.36 6 12.84 14.25 15.02 15.63 16.21 16.82 17.42 0.55 0.37 7 13.44 14.94 15.57 16.18 16.78 17.38 17.99 0.55 0.37 8 13.78 15.32 15.96 16.64 17.28 17.97 18.58 0.61 0.39 9 14.55 16.16 16.78 17.44 18.07 18.80 19.41 0.61 0.39 10 15.02 16.68 17.39 18.10 18.84 19.55 20.26 0.71 0.40 11 16.02 17.79 18.55 19.31 20.06 20.81 21.56 0.75 0.41 12 17.00 18.87 19.71 20.53 21.35 22.18 23.04 0.81 0.46 13 18.19 20.21 21.12 22.01 22.91 23.78 24.71 0.86 0.49 14 19.43 21.60 22.52 23.49 24.47 25.41 26.42 0.91 0.52 15 20.90 23.22 24.22 25.21 26.15 27.16 28.13 0.94 0.53 16 22.25 24.73 25.74 26.82 27.83 28.84 29.90 0.98 0.55 17 23.90 26.54 27.76 28.83 29.95 31.04 32.16 1.05 0.58 18 25.67 28.51 29.80 31.07 32.34 33.61 34.88 1.27 0.65 19 27.35 30.38 31.79 33.18 34.57 35.96 37.39 1.39 0.71

CSEA PART-TIME RATE SCHEDULE Grade 2012 Rate Grade 2012 Rate 1 $8.79 12 $16.96 1A $10.18 13 $18.16 1B $11.36 13A $19.23 2 $11.45 14 $19.39 2A $11.73 15 $20.85 DECEMBER 28, 2011 375

3 $11.88 16 $22.20 4 $12.05 16A $22.70 5 $12.60 17 $23.84 5A $12.74 17A $24.48 6 $12.81 17B $23.84-37.33 6A $13.10 18 $25.59 7 $13.40 18A $26.26 8 $13.75 18B $28.06 9 $14.52 18C $32.95 10 $14.98 19 $39.54-46.59 11 $15.98

RATE SCHEDULE – NURSING ASSISTANTS New Year Grade Hire Base 1 2 3 4 5 2012 4A $12.05 $13.38 $14.07 $14.61 $15.23 $15.73 $16.33 ii 2012 LCCOPS RATE SCHEDULE Grade Base 1 2 3 4 5 Increment 11 M.W. ** NA NA NA NA NA NA 12 $21.01 $22.07 $23.08 $24.09 $25.13 $26.15 $0.97 13 $21.98 $22.63 $23.85 $24.87 $25.90 $26.93 $1.02 14 $23.03 $24.16 $25.25 $26.35 $27.45 $28.57 $1.08 15 $24.51 $25.72 $26.89 $28.07 $29.24 $30.45 $1.16 ** “M.W.” means the higher of the Federal and State minimum wage rates. A trainee shall be provided with overtime pay as required by applicable Federal and/or State law. The trainee shall not be entitled to overtime compensation as otherwise set forth in this agreement. A trainee shall not be entitled to any other compensation that is provided by this agreement. 2010 COUNCIL 82 RATE SCHEDULE Grade New Hire Base 1 2 3 4 5 Increment 1 NA $12.86 $13.35 $13.85 $14.38 $14.84 $15.35 $0.44 2 $11.39 $12.67 $13.23 $13.73 $14.35 $14.90 $15.45 $0.47 3 NA $13.43 $14.02 $14.54 $15.14 $15.68 $16.23 $0.48 4 NA $13.69 $14.35 $14.91 $15.46 $16.07 $16.68 $0.49 5 $12.54 $14.28 $14.84 $15.40 $16.02 $16.58 $17.17 $0.50 6 NA $15.19 $15.82 $16.40 $16.94 $17.54 $18.06 $0.52 7 NA $15.85 $16.49 $17.11 $17.69 $18.29 $18.88 $0.58 7A $13.34 $14.83 $15.45 $16.06 $16.66 $17.25 $17.85 $0.54 9 $14.43 $16.04 $16.66 $17.30 $17.93 $18.65 $19.26 $0.60 10 $14.90 $16.55 $17.25 $17.95 $18.69 $19.39 $20.10 $0.70 11 NA $17.59 $18.44 $19.29 $20.14 $20.98 $21.84 $0.84 12 NA $18.34 $19.29 $20.16 $21.03 $21.94 $22.81 $0.87 376 REPORT OF THE SUPERVISORS’ PROCEEDINGS

13 NA $19.52 $20.52 $21.63 $22.56 $23.49 $24.42 $0.93 14 NA $20.88 $21.93 $22.92 $23.91 $24.92 $25.91 $0.99 15 NA $22.24 $23.33 $24.41 $25.47 $26.53 $27.60 $1.04 16 NA $23.74 $24.84 $25.96 $27.15 $28.27 $29.36 $1.07 17 NA $25.57 $26.80 $28.09 $29.34 $30.62 $31.89 $1.22

iii PUBLIC HEALTH NURSING RATE SCHEDULE SCHEDULE A Base Compensation Rates A-l.0l Effective January l, 2010, a regular employee's base compensation rate (hourly) will be:

Step 1 Step 2 Step 3 Step 4 Step 5

Registered Professional 21.06 21.18 21.78 22.32 22.85 Nurse Registered Professional 22.28 22.76 23.29 23.78 24.31 Nurse with Bachelor’s Degree Registered Professional 22.65 23.13 23.66 24.15 24.68 Nurse with Master’s Degree Supervising Public 23.11 23.91 24.71 25.53 26.35 Health Nurse Supervising Public 23.48 24.28 25.08 25.90 26.73 Health Nurse with Master’s Degree Nurse Practitioner 31.91 32.62 33.32 34.04 34.75

iv.

Dept 2012 Dept. Code Title Pos # Name GRFT/PT DOH Rate Long Step Note

118 AGIN A6773 Account Clerk/Typist 601 Kline, Denise M. 7 FT 11/17/2008 16.78 N/A 3 Aging Services 8/12/2012 119 AGIN A6780 Caseworker Assistant 353 Gaby, Melissa 13 FT 8/3/2007 23.78 N/A 4 24.27* Aging Services 120 AGIN A6783 Caseworker Assistant 353 Worden, Gretchen 13 FT 4/4/2011 21.12 N/A 1 5/20/2012 121 AGIN A6773 Clerk/Typist 604 Dale, Clara 2 FT 5/14/2007 15.57 N/A 5 15.92*

122 AGIN A6774 Clerk/Typist 604 Waldron, Kathleen C. 2 FT 3/1/2010 13.84 N/A 2

123 CNR E6120 Activities Aide 500 Beardsley, Barbara M. 4 FT 6/2/1986 17.82 **** 5

124 CNR E6120 Activities Aide 500 Everest, Pamela 4 FT 5/31/1977 17.82 **** 5

125 CNR E6120 Activities Aide 500 Gill, Rhonda 4 FT 7/25/1982 17.82 **** 5

126 CNR E6120 Activities Aide 500 Kettavong, Saysamone 4 FT 4/28/1986 17.82 **** 5

127 CNR E6120 Activities Aide 500 Lubanski, Dawn 4 FT 5/11/1986 17.82 **** 5

128 CNR E6120 Activities Aide 500 Mann, Joan 4 FT 8/31/2006 16.74 * 5 DECEMBER 28, 2011 377

129 CNR E6120 Activities Aide 500 Myers, Bethany 4 FT 3/27/2007 16.38 N/A 5 4/8/2012 16.74*

130 CNR E6120 Admissions Coordinator 337 McKinney, Christine 14 FT 6/17/1979 28.50 **** 5 Certified Occupational 131 CNR E6120 Therapy Assistant 334 Lewis, Michael 11 FT 4/20/2009 20.81 N/A 4 Certified Occupational 132 CNR E6120 Therapy Assistant 334 Roberts, Sonya M. 11 FT 11/21/2005 21.97 * 5

133 CNR E6120 Charge Nurse 208 Biondolillo, Amy 15 FT 11/30/2010 25.21 N/A 2 8/26/2012 134 CNR E6120 Charge Nurse 208 Bugbee, Linda 15 FT 8/24/1992 29.72 *** 5 30.25****

135 CNR E6120 Charge Nurse 208 Hugi, Cassandra L. 15 FT 10/31/2006 28.66 * 5 Mehlenbacher, 136 CNR E6120 Charge Nurse 208 Kathleen 15 FT 10/11/1988 30.25 **** 5 Pender-Canarvis, 137 CNR E6120 Charge Nurse 208 Cynthia 15 FT 10/1/1990 30.25 **** 5

138 CNR E6120 Charge Nurse 208 Reynolds, Lisa M. 15 FT 8/28/1990 30.25 **** 5

139 CNR E6120 Charge Nurse 208 Stevens, Phyllis 15 FT 9/24/1993 29.72 *** 5

140 CNR E6120 Custodial Worker 805 Stevens, Brenda 3 FT 7/2/1979 17.38 **** 5

141 CNR E6120 Licensed Practical Nurse 302 Babbitt, Bobbi Jo 9 FT 5/1/1995 20.58 *** 5

142 CNR E6120 Licensed Practical Nurse 302 Baierschmitt, William 9 FT 11/6/2000 20.19 ** 5

143 CNR E6120 Licensed Practical Nurse 302 Burns, Lynn 9 FT 11/1/2011 16.78 N/A 1

144 CNR E6120 Licensed Practical Nurse 302 Caudill, Dorsy 9 FT 9/21/1987 20.97 **** 5

145 CNR E6120 Licensed Practical Nurse 302 Clinton, Rebecca 9 FT 7/27/2001 20.19 ** 5

146 CNR E6120 Licensed Practical Nurse 302 Cromwell, Linda J. 9 FT 2/2/2009 18.80 N/A 4

147 CNR E6120 Licensed Practical Nurse 302 Davis, Haylee 9 FT 8/3/2009 17.44 N/A 2

148 CNR E6120 Licensed Practical Nurse 302 Davis, Laurie 9 FT 6/16/2008 19.41 N/A 5

149 CNR E6120 Licensed Practical Nurse 302 Decker, Amie 9 FT 1/1/2011 17.44 N/A 2 1/29/2012 150 CNR E6120 Licensed Practical Nurse 302 Edwards, Susan 9 FT 1/27/1992 20.58 *** 5 20.97****

151 CNR E6120 Licensed Practical Nurse 302 Garwood, Elaine 9 FT 10/26/2004 19.80 * 5 12/16/2012 152 CNR E6120 Licensed Practical Nurse 302 Genova, Jason 9 FT 12/3/2007 19.41 N/A 5 19.80*

153 CNR E6120 Licensed Practical Nurse 302 Goodwin, Bonnie 9 FT 12/27/1999 20.19 ** 5

154 CNR E6120 Licensed Practical Nurse 302 Grant, Laura 9 FT 2/1/2011 17.44 N/A 2

155 CNR E6120 Licensed Practical Nurse 302 Guertin, Amber 9 FT 8/24/2009 18.07 N/A 3

156 CNR E6120 Licensed Practical Nurse 302 Hark, Jami 9 FT 4/1/2010 18.07 N/A 3

157 CNR E6120 Licensed Practical Nurse 302 Howe, Crystal 9 FT 9/21/1987 20.97 **** 5

158 CNR E6120 Licensed Practical Nurse 302 Jones, Angela 9 FT 2/8/2010 18.07 N/A 3

159 CNR E6120 Licensed Practical Nurse 302 Link, Holly 9 FT 4/1/2009 18.80 N/A 4

160 CNR E6120 Licensed Practical Nurse 302 Mann, Terre J. 9 FT 4/25/1993 20.58 *** 5 378 REPORT OF THE SUPERVISORS’ PROCEEDINGS

161 CNR E6120 Licensed Practical Nurse 302 Murray, Holly 9 FT 6/1/2010 18.07 N/A 3 1/29/2012 162 CNR E6120 Licensed Practical Nurse 302 O'Hare, Jill R. 9 FT 1/27/1992 20.58 *** 5 20.97****

163 CNR E6120 Licensed Practical Nurse 302 Palmer, Tonya C. 9 FT 4/18/1998 20.19 ** 5 9/23/2012 164 CNR E6120 Licensed Practical Nurse 302 Powers, Valerie 9 FT 9/11/1992 20.58 *** 5 20.97****

165 CNR E6120 Licensed Practical Nurse 302 Roeut, Lacey 9 FT 1/20/2006 19.80 * 5

166 CNR E6120 Licensed Practical Nurse 302 Sider, Sheila 9 FT 1/1/1994 20.58 *** 5

167 CNR E6120 Licensed Practical Nurse 302 Stevens, Karin 9 FT 10/1/2009 18.07 N/A 3

168 CNR E6120 Licensed Practical Nurse 302 Wallace, Bonnie 9 FT 3/31/2008 19.41 N/A 5

169 CNR E6120 Licensed Practical Nurse 302 Watts, Maralyn 9 FT 1/24/2011 17.44 N/A 2

170 CNR E6120 Licensed Practical Nurse 302 Whitney, Johanna C. 9 FT 6/19/2006 19.80 * 5

171 CNR E6120 Licensed Practical Nurse 302 vacant 9 FT N/A 16.78 N/A 1

172 CNR E6120 Licensed Practical Nurse 302 vacant 9 FT N/A 16.78 N/A 1

173 CNR E6120 Medical Typist 613 Coogan, Judy A. 7 FT 11/21/2005 18.36 * 5

174 CNR E6120 Medical Typist 613 Cosimano, Jessica 7 FT 9/20/2010 15.57 N/A 1

175 CNR E6120 Medical Typist 613 Cosimano, Laurie 7 FT 10/3/2005 18.36 * 5

176 CNR E6120 Medical Typist 613 Cosimano, Stacie 7 FT 7/21/2008 16.78 N/A 3

177 CNR E6120 Medical Typist 613 Rossborough, Cheryl A. 7 FT 10/9/1985 19.47 **** 5

178 CNR E6120 Medical Typist 613 Yencer, Dawn 7 FT 11/21/2005 18.36 * 5

179 CNR E6120 Medical Typist 613 vacant 7 FT N/A 13.44 N/A NH

180 CNR E6120 Neighborhood Assistant 838 Ascioti, Marguerite 2 FT 1/7/2010 13.84 N/A 2

181 CNR E6120 Neighborhood Assistant 838 Cobin, Penny L. 2 FT 3/21/2010 13.84 N/A 2

182 CNR E6120 Neighborhood Assistant 838 Coon, Sheila 2 FT 2/14/2008 15.02 N/A 4 12/2/2012 183 CNR E6120 Neighborhood Assistant 838 Davis, Connie 2 FT 11/25/2007 15.02 N/A 4 15.37*

184 CNR E6120 Neighborhood Assistant 838 Jones, Gail 2 FT 3/23/2009 14.46 N/A 3

185 CNR E6120 Neighborhood Assistant 838 Weidman, Lou Ann 2 FT 11/17/1977 16.97 **** 5

186 CNR E6120 Neighborhood Assistant 838 Wheeler, Veronica 2 FT 3/1/2010 13.84 N/A 2

187 CNR E6120 Neighborhood Assistant 838 vacant 2 FT N/A 11.48 N/A NH

188 CNR E6120 Neighborhood Assistant 838 vacant 2 FT N/A 11.48 N/A NH

189 CNR E6120 Neighborhood Assistant 838 vacant 2 FT N/A 11.48 N/A NH

190 CNR E6120 Neighborhood Assistant 838 vacant 2 FT N/A 11.48 N/A NH

191 CNR E6120 Neighborhood Assistant 838 vacant 2 FT N/A 11.48 N/A NH

192 CNR E6120 Nursing Assistant 505 Adams, Jessica 4 FT 6/1/2009 15.78 N/A 4 DECEMBER 28, 2011 379

193 CNR E6120 Nursing Assistant 505 Adams, Vanessa 4 FT 9/1/2011 15.27 N/A 3

194 CNR E6120 Nursing Assistant 505 Ayers, Denise 4 FT 6/1/2010 15.27 N/A 3 8/26/2012 195 CNR E6120 Nursing Assistant 505 Beardsley, Tina L. 4 FT 8/16/2007 15.78 N/A 4 16.14*

196 CNR E6120 Nursing Assistant 505 Benedict, Barbara 4 FT 3/1/2005 16.74 * 5 7/1/2012 197 CNR E6120 Nursing Assistant 505 Bentley, Judith 4 FT 6/30/2002 16.74 * 5 17.10**

198 CNR E6120 Nursing Assistant 505 Berrios, Wanda 4 FT 6/23/2003 16.74 * 5 7/15/2012 199 CNR E6120 Nursing Assistant 505 Blair, Christopher 4 FT 7/2/2007 15.78 N/A 4 16.14*

200 CNR E6120 Nursing Assistant 505 Blair, Debra M. 4 FT 10/12/2001 17.10 ** 5

201 CNR E6120 Nursing Assistant 505 Blair, Vickie 4 FT 10/24/2005 16.74 * 5 1/15/2012 202 CNR E6120 Nursing Assistant 505 Bosley, Brandy 4 FT 1/14/2002 16.74 * 5 17.10**

203 CNR E6120 Nursing Assistant 505 Buckley, Jennifer 4 FT 5/1/2006 16.74 * 5 Bzuch-Cole, Jasmaine 204 CNR E6120 Nursing Assistant 505 A. 4 FT 12/5/2011 12.08 N/A NH

205 CNR E6120 Nursing Assistant 505 Chapman, Jeffery 4 FT 8/3/2009 14.65 N/A 2

206 CNR E6120 Nursing Assistant 505 Clagett, Casey L. 4 FT 12/5/2011 12.08 N/A NH

207 CNR E6120 Nursing Assistant 505 Cox, Dawn 4 FT 2/1/2011 14.10 N/A 1

208 CNR E6120 Nursing Assistant 505 Craun, Linda 4 FT 10/2/1995 17.46 *** 5

209 CNR E6120 Nursing Assistant 505 Davis, Angelique J. 4 FT 5/9/2011 14.10 N/A 1 x

210 CNR E6120 Nursing Assistant 505 Deaton, Wendy 4 FT 2/1/2010 16.38 N/A 5

211 CNR E6120 Nursing Assistant 505 DeCramer, Phyllis A. 4 FT 8/1/2004 16.74 * 5

212 CNR E6120 Nursing Assistant 505 Dettman, June 4 FT 6/2/2009 15.27 N/A 3

213 CNR E6120 Nursing Assistant 505 Diaz, Luz P. 4 FT 8/31/2006 16.74 * 5

214 CNR E6120 Nursing Assistant 505 DiSalvo, Erica M. 4 FT 12/5/2011 12.08 N/A NH

215 CNR E6120 Nursing Assistant 505 Donohue, Trisha 4 FT 7/11/2011 13.41 N/A B

216 CNR E6120 Nursing Assistant 505 Donovan, Patricia C. 4 FT 8/19/1981 17.82 **** 5

217 CNR E6120 Nursing Assistant 505 Drake, Wendy 4 FT 4/1/2009 15.27 N/A 3

218 CNR E6120 Nursing Assistant 505 Duryea, Rachelle 4 FT 12/1/2010 14.65 N/A 2

219 CNR E6120 Nursing Assistant 505 Eldridge, Nicole 4 FT 12/25/2005 16.74 * 5

220 CNR E6120 Nursing Assistant 505 Faulkner, Brenda 4 FT 10/10/1995 17.46 *** 5

221 CNR E6120 Nursing Assistant 505 Feathers Jr., James 4 FT 7/11/2011 13.41 N/A B

222 CNR E6120 Nursing Assistant 505 Fischer, Holly 4 FT 6/9/2009 15.78 N/A 4

223 CNR E6120 Nursing Assistant 505 Flynn, Jessica Marie 4 FT 3/29/2011 14.10 N/A 1 2/12/2012 224 CNR E6120 Nursing Assistant 505 Fox, Norman 4 FT 2/5/2007 16.38 N/A 5 16.74* 380 REPORT OF THE SUPERVISORS’ PROCEEDINGS

225 CNR E6120 Nursing Assistant 505 Gallagher, Carrie 4 FT 12/28/2005 16.74 * 5

226 CNR E6120 Nursing Assistant 505 Gell, Samantha 4 FT 5/1/2006 16.74 * 5

227 CNR E6120 Nursing Assistant 505 Gibson, Lori 4 FT 8/25/1996 17.46 *** 5

228 CNR E6120 Nursing Assistant 505 Gilbert, Teresa 4 FT 5/1/2008 16.38 N/A 5 1/15/2012 229 CNR E6120 Nursing Assistant 505 Gould, Diane 4 FT 1/5/2007 16.38 N/A 5 16.74*

230 CNR E6120 Nursing Assistant 505 Helm, Alicia 4 FT 12/1/2010 14.65 N/A 2

231 CNR E6120 Nursing Assistant 505 Henchen, Amanda 4 FT 12/1/2010 14.65 N/A 2

232 CNR E6120 Nursing Assistant 505 Hilyard, Brandon 4 FT 5/5/2008 16.38 N/A 5

233 CNR E6120 Nursing Assistant 505 Hoehn, Jennifer L. 4 FT 4/25/1999 17.10 ** 5

234 CNR E6120 Nursing Assistant 505 Hordatt, Pamela K. 4 FT 5/17/2004 16.74 * 5

235 CNR E6120 Nursing Assistant 505 Huber, Nicole A. 4 FT 10/24/2011 12.08 N/A NH

236 CNR E6120 Nursing Assistant 505 Hyland, Kevin 4 FT 3/23/2009 15.27 N/A 3

237 CNR E6120 Nursing Assistant 505 Hyland, Luisa 4 FT 9/1/2010 14.65 N/A 2 12/16/2012 238 CNR E6120 Nursing Assistant 505 Ireland, Cindy 4 FT 12/12/2007 16.38 N/A 5 16.74*

239 CNR E6120 Nursing Assistant 505 Isaman, Amy 4 FT 7/11/2011 13.41 N/A B

240 CNR E6120 Nursing Assistant 505 Jackson, Deborah 4 FT 6/9/2008 15.78 N/A 4 2/26/2012 241 CNR E6120 Nursing Assistant 505 Jessmer, Sandra 4 FT 2/18/2007 16.38 N/A 5 16.74*

242 CNR E6120 Nursing Assistant 505 Johnson, Amanda 4 FT 3/1/2010 15.27 N/A 3

243 CNR E6120 Nursing Assistant 505 Kern, Dawn E. 4 FT 6/10/2001 17.10 ** 5

244 CNR E6120 Nursing Assistant 505 Kurelko, Linda 4 FT 10/5/2009 14.65 N/A 2

245 CNR E6120 Nursing Assistant 505 Lamb, Rachel 4 FT 4/9/2006 16.74 * 5 7/1/2012 246 CNR E6120 Nursing Assistant 505 Leach, Janis L. 4 FT 6/22/1997 17.10 ** 5 17.46***

247 CNR E6120 Nursing Assistant 505 Lewis, Julie A. 4 FT 1/1/2011 15.27 N/A 3

248 CNR E6120 Nursing Assistant 505 Little, Mandy 4 FT 4/1/2008 16.38 N/A 5

249 CNR E6120 Nursing Assistant 505 Losey, Laura 4 FT 6/13/2004 16.74 * 5

250 CNR E6120 Nursing Assistant 505 Mann, Sarah 4 FT 8/31/2006 16.74 * 5

251 CNR E6120 Nursing Assistant 505 Matos, Nancy 4 FT 9/1/2009 16.38 N/A 5 3/11/2012 252 CNR E6120 Nursing Assistant 505 McWilliams, Stacy 4 FT 3/8/2007 16.38 N/A 5 16.74* 1/15/2012 253 CNR E6120 Nursing Assistant 505 Morey, Kimberly 4 FT 1/7/2002 16.74 * 5 17.10**

254 CNR E6120 Nursing Assistant 505 Moroz, Elizabeth 4 FT 6/1/2009 15.78 N/A 4

255 CNR E6120 Nursing Assistant 505 Owens, Megan 4 FT 5/22/2006 16.74 * 5

256 CNR E6120 Nursing Assistant 505 Pagan, Jennifer 4 FT 3/23/2009 15.27 N/A 3 DECEMBER 28, 2011 381

257 CNR E6120 Nursing Assistant 505 Perry, Rachael 4 FT 12/1/2008 15.78 N/A 4

258 CNR E6120 Nursing Assistant 505 Pike, Donna M. 4 FT 7/27/1998 17.10 ** 5

259 CNR E6120 Nursing Assistant 505 Pragle, Ronda M. 4 FT 1/2/2000 17.10 ** 5 3/11/2012 260 CNR E6120 Nursing Assistant 505 Prevost, Elise 4 FT 3/1/1992 17.46 *** 5 17.82****

261 CNR E6120 Nursing Assistant 505 Provorse, Valerie 4 FT 8/22/1993 17.46 *** 5

262 CNR E6120 Nursing Assistant 505 Radesi, Susan 4 FT 3/23/2009 15.27 N/A 3

263 CNR E6120 Nursing Assistant 505 Rawleigh, Darlene 4 FT 3/18/2011 14.65 N/A 2

264 CNR E6120 Nursing Assistant 505 Roberts, Jessica 4 FT 6/15/2009 15.27 N/A 3

265 CNR E6120 Nursing Assistant 505 Robson, Danielle 4 FT 4/29/2004 16.74 * 5

266 CNR E6120 Nursing Assistant 505 Roffe, Brittany L. 4 FT 11/14/2008 15.27 N/A 3

267 CNR E6120 Nursing Assistant 505 Routly, Rebecca 4 FT 10/3/2004 16.74 * 5 9/23/2012 268 CNR E6120 Nursing Assistant 505 Schmidt, Jeff 4 FT 9/15/2002 16.74 * 5 17.10**

269 CNR E6120 Nursing Assistant 505 Searchfield, Eileen 4 FT 10/8/1993 17.46 *** 5

270 CNR E6120 Nursing Assistant 505 Sick, Valerie 4 FT 7/11/2011 13.41 N/A B

271 CNR E6120 Nursing Assistant 505 Sinclair, Diane M. 4 FT 12/5/2011 12.08 N/A NH

272 CNR E6120 Nursing Assistant 505 Slocume, Roxanne 4 FT 10/26/2009 14.65 N/A 2

273 CNR E6120 Nursing Assistant 505 Snyder, Barbara 4 FT 1/18/2011 14.10 N/A 1

274 CNR E6120 Nursing Assistant 505 Stamp, Wanda 4 FT 4/5/2005 16.74 * 5 12/2/2012 275 CNR E6120 Nursing Assistant 505 Stanley, Lindsay 4 FT 11/30/2002 16.74 * 5 17.10**

276 CNR E6120 Nursing Assistant 505 Sylvester, Susan 4 FT 10/15/1995 17.46 *** 5

277 CNR E6120 Nursing Assistant 505 Tarbell, Melissa R. 4 FT 12/3/2000 17.10 ** 5

278 CNR E6120 Nursing Assistant 505 Terry, Jennifer 4 FT 9/19/2011 13.41 N/A B 2/12/2012 279 CNR E6120 Nursing Assistant 505 Thompson, Deborah 4 FT 2/11/2002 16.74 * 5 17.10**

280 CNR E6120 Nursing Assistant 505 Thompson, Robert 4 FT 2/11/2008 15.78 N/A 4

281 CNR E6120 Nursing Assistant 505 Vickers, Jennipher 4 FT 7/7/2005 16.74 * 5

282 CNR E6120 Nursing Assistant 505 Vondell, Steven 4 FT 4/8/1991 17.82 **** 5

283 CNR E6120 Nursing Assistant 505 Walton, Tracy L. 4 FT 10/24/2011 12.08 N/A NH

284 CNR E6120 Nursing Assistant 505 Wilkins, Billie Jo 4 FT 9/1/2009 16.38 N/A 5

285 CNR E6120 Nursing Assistant 505 Witherow, Bambi 4 FT 10/24/1999 17.10 ** 5

286 CNR E6120 Nursing Assistant 505 Wormuth, Neil 4 FT 8/2/2004 16.74 * 5

287 CNR E6120 Nursing Assistant 505 Yencer, Matina 4 FT 11/19/2000 17.10 ** 5

288 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH 382 REPORT OF THE SUPERVISORS’ PROCEEDINGS

289 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

290 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

291 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

292 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

293 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

294 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

295 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

296 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH x

297 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

298 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

299 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

300 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

301 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH

302 CNR E6120 Nursing Assistant 505 vacant 4 FT N/A 12.08 N/A NH Nursing Assistant- 303 CNR E6120 Transport 515 Follett, Melanie 4 FT 10/22/1989 17.82 **** 5 Nursing Assistant- 304 CNR E6120 Transport 515 Genova, Laura M. 4 FT 8/29/1999 17.10 ** 5 Nursing Assistant- 305 CNR E6120 Transport 515 Robinson, Melody 4 FT 6/8/1987 17.82 **** 5

306 CNR E6120 Occupational Therapist 270 Ruliffson, Tricia Ann 17 FT 9/8/1998 33.32 ** 5

307 CNR E6120 Physical Therapist 233 Donegan, Danae 17 FT 11/6/2006 32.74 * 5

308 CNR E6120 Physical Therapist 233 TeBeau, Kristine 17 FT 2/6/2006 32.74 * 5 Physical Therapy 309 CNR E6120 Assistant 333 Coyle, Christine 11 FT 8/4/2008 20.81 N/A 4 Physical Therapy McNicholas, Debra 310 CNR E6120 Assistant 333 Anne 11 FT 10/19/1998 22.38 ** 5 Registered Professional Brockington, Terri 311 CNR E6120 Nurse 242 Lynne 14 FT 4/24/2000 27.46 ** 5 Registered Professional 312 CNR E6120 Nurse 242 Hyde, Janice 14 FT 7/11/2011 22.52 N/A 1 Registered Professional 313 CNR E6120 Nurse 242 Mallory, Tracey L. 14 FT 10/27/2010 24.47 N/A 3 Registered Professional 12/30/2012 314 CNR E6120 Nurse 242 Mason, Krista M. 14 FT 12/17/2007 26.42 N/A 5 26.94* Registered Professional 315 CNR E6120 Nurse 242 Navagh, Karen 14 FT 10/16/2006 26.94 * 5 Registered Professional 316 CNR E6120 Nurse 242 Preston, Lisa 14 FT 4/12/2010 24.47 N/A 3 Registered Professional 317 CNR E6120 Nurse 242 Schultz, Tammy 14 FT 11/7/2011 22.52 N/A 1 Registered Professional 318 CNR E6120 Nurse 242 Scott, Marsha 14 FT 12/28/2009 24.47 N/A 3 Registered Professional 319 CNR E6120 Nurse 242 Smith, Jacqueline 14 FT 11/27/2005 26.94 * 5 Registered Professional 320 CNR E6120 Nurse 242 vacant 14 FT N/A 22.52 N/A 1 DECEMBER 28, 2011 383

321 CNR E6120 Scheduler 651 Flint, Sean 7 FT 12/4/2006 18.36 * 5

322 CNR E6120 Senior Account Clerk 619 Goodwin, Linda 9 FT 10/10/1979 20.97 **** 5

323 CNR E6120 Senior Account Clerk 619 Miner, Maureen 9 FT 10/27/2008 18.07 N/A 3

324 CNR E6120 Senior Account Clerk 619 Schneider, Lee 9 FT 1/29/1996 20.58 *** 5

325 CNR E6120 Senior Account Clerk 619 Sullivan, Tina 9 FT 12/14/2009 17.44 N/A 2

326 CNR E6120 Senior Account Clerk 619 Watkins, Jennifer 9 FT 5/24/2004 19.80 * 5 Senior Account 327 CNR E6120 Clerk/Typist 621 Detmer, Wendy 9 FT 4/9/1990 20.97 **** 5

328 CNR E6120 Senior Typist 627 Hooker, Robin L. 7 FT 6/8/1987 19.47 **** 5

329 CNR E6120 Senior Typist 627 Schwenzer, Ann 7 FT 7/17/1989 19.47 **** 5

330 CNR E6120 Social Work Assistant 254 Campfield, Anne 14 FT 3/12/2001 27.46 ** 5 10/7/2012 331 CNR E6120 Social Work Assistant 254 Cotton, Brigid 14 FT 9/24/2007 25.41 N/A 4 25.93*

332 CNR E6120 Social Work Assistant 254 Heather, Lynne 14 FT 5/31/1994 27.98 *** 5

333 CNR E6120 Social Work Assistant 254 Randall, Erin 14 FT 6/18/2001 27.46 ** 5

334 CNR E6120 Social Work Assistant 254 Wester, Edith 14 FT 6/27/1979 26.55 **** 3

335 CNR E6120 Speech Pathologist 344 Braund, Anna 17 FT 10/16/2006 32.74 * 5

336 CNR E6120 Telephone Operator 633 Pritchard, Alicia 4 FT 9/4/2007 15.78 N/A 4 9/9/2012 16.14*

337 CNR E6120 Telephone Operator 633 Smith, Wendy 4 FT 5/22/1989 17.82 **** 5

338 CS A1610 Administrative Secretary 602 MacIntyre, Sally A. 10 FT 1/31/1983 21.86 **** 5 Building Maintenance 339 CS A1620 Mechanic 701 Emerson, Richard 11 FT 9/16/1994 22.79 *** 5 Building Maintenance 340 CS A1610 Mechanic 701 Green, Brenda 11 FT 2/22/1977 23.20 **** 5 Building Maintenance 341 CS A1610 Mechanic 701 Paddock, Steven 11 FT 7/13/1998 22.38 ** 5 Building Maintenance 342 CS E6120 Mechanic 701 Rodriquez III, Maximino 11 FT 10/11/1998 22.38 ** 5 Building Maintenance 343 CS E6120 Mechanic 701 Stewart, John D. 11 FT 1/23/1984 23.20 **** 5 Building Maintenance 344 CS A1620 Mechanic 701 Weaver, Aaron D. 11 FT 10/23/2000 22.38 ** 5 Building Maintenance 345 CS A1610 Mechanic 701 vacant 11 FT N/A 16.02 N/A NH Building Maintenance 346 CS E6120 Person 801 Kuch, Thomas G. 7 FT 7/26/2010 15.57 N/A 1 Building Maintenance 347 CS A1610 Person 801 Nice, Laural 7 FT 11/2/1977 19.47 **** 5 Building Maintenance 348 CS A1620 Person 801 Truelson, Richard 7 AT 8/22/2011 13.44 N/A NH Building Maintenance 349 CS E6120 Person 801 Valentino, Todd E. 7 FT 6/4/2001 18.73 ** 5 Building Maintenance 350 CS N/A Person 801 vacant 7 FT N/A 13.44 N/A NH Building Maintenance 351 CS E6120 Person 801 vacant 7 AT N/A 13.44 N/A NH

352 CS A1610 Carpenter 702 Ellis, Robert 13 FT 3/22/1982 26.67 **** 5 384 REPORT OF THE SUPERVISORS’ PROCEEDINGS

353 CS A1610 Clerk/Typist 604 Freeland, Nancy 2 FT 4/18/2005 15.92 * 5

354 CS A1610 Courier 832 Rudgers, Crystal 5 FT 5/28/1993 17.95 *** 5

355 CS A1610 Custodial Worker 805 Minnehan, Tammi 3 FT 8/3/1990 17.38 **** 5

356 CS A1610 Custodial Worker 805 Reid, Susan 3 FT 4/19/1982 17.38 **** 5

357 CS A1610 Electrician 703 MacKay, Colin 13 FT 2/21/2006 25.20 * 5

358 CS A1610 Plumber 709 Keenan, Daniel C. 13 FT 12/7/1998 25.69 ** 5

359 CLER A1410 Index Clerk 611 Bourgoine, Becky L. 8 FT 2/25/2008 17.97 N/A 4

360 CLER A1410 Index Clerk 611 Keenan, Bonnie 8 FT 7/7/2008 17.28 N/A 3

361 CLER A1410 Index Clerk 611 vacant 8 FT N/A 13.78 N/A NH

362 CLER A1410 Index Clerk 611 vacant 8 FT N/A 13.78 N/A NH

363 CLER A1410 Motor Vehicle Clerk 612 Bushen, Jennifer 8 FT 4/20/2009 17.28 N/A 3

364 CLER A1410 Motor Vehicle Clerk 612 Johnston, Dawn R. 8 FT 5/9/1999 19.36 ** 5

365 CLER A1410 Motor Vehicle Clerk 612 Langley, Susan E. 8 AT 9/6/2011 13.78 N/A NH 7/15/2012 366 CLER A1410 Motor Vehicle Clerk 612 Morris, Sally A. 8 FT 7/7/1997 19.36 ** 5 19.75***

367 CLER A1410 Motor Vehicle Clerk 612 Shero, Lois 8 FT 1/31/2000 19.36 ** 5 7/15/2012 368 CLER A1410 Motor Vehicle Clerk 612 Sion, Shari 8 FT 7/9/2007 17.28 N/A 3 17.67* 4/22/2012 369 CLER A1410 Motor Vehicle Clerk 612 Woodruff, Mary 8 FT 4/9/2007 18.58 N/A 5 18.97*

370 CLER A1410 Motor Vehicle Clerk 612 vacant 8 FT N/A 13.78 N/A NH

371 CLER A1410 Motor Vehicle Clerk 612 vacant 8 FT N/A 13.78 N/A NH 2/12/2012 372 CLER A1410 Senior Index Clerk 644 Fuller, Wendy 10 FT 2/12/2007 19.55 N/A 4 19.95*

373 CLER A1410 Senior Index Clerk 644 Scollon, A. Marie 10 FT 3/1/2004 20.66 * 5

374 CLER A1410 Senior Index Clerk 644 Thomas, Margaret 10 FT 7/6/2004 20.66 * 5 Senior Motor Vehicle 375 CLER A1410 Clerk 645 Macauley, Brenda G. 10 FT 5/27/1980 21.86 **** 5 Senior Motor Vehicle 376 CLER A1410 Clerk 645 Mike, Erica 10 FT 1/4/1999 21.06 ** 5 Senior Motor Vehicle 377 CLER A1410 Clerk 645 Post, Michelle V. 10 FT 11/18/1996 21.46 *** 5

378 CLER A1410 Telephone Operator 633 Guarino, Kathleen 4 FT 3/14/1994 17.46 *** 5

379 DA A1165 Clerk/Typist 604 Butler, Somer A. 2 FT 4/15/2011 13.32 N/A 1

380 DA A1165 Clerk/Typist 604 Mackey, Jamie L. 2 FT 3/4/2011 13.32 N/A 1

381 DA A1165 Clerk/Typist 604 Reinholtz, Nancy 2 AT 10/20/2011 11.48 N/A NH

382 ECOD A6989 Administrative Secretary 602 LaPoma, Mary J. 10 FT 10/4/1999 21.06 ** 5

383 EMS A3640 Senior Typist 627 Thomas, Karol 7 FT 2/24/1994 19.10 *** 5 Hockenberry, Debbie 384 DOH A4010 Account Clerk/Typist 601 M. 7 FT 10/14/2008 16.78 N/A 3 DECEMBER 28, 2011 385

385 DOH A4010 Account Clerk/Typist 601 Lima, Barbara 7 FT 9/10/2004 18.36 * 5

386 DOH A4010 Account Clerk/Typist 601 Molyneux, Helen 7 FT 8/12/2008 16.78 N/A 3

387 DOH A4010 Account Clerk/Typist 601 Nichols, Kimberly 7 FT 6/25/2010 15.57 N/A 1

388 DOH A4088 Account Clerk/Typist 601 White, Patricia 7 FT 7/11/2011 13.44 N/A NH

389 DOH A4010 Account Clerk/Typist 601 vacant 7 FT N/A 13.44 N/A NH

390 DOH A4010 Administrative Secretary 602 Beuter, Linda 10 FT 6/18/1990 21.86 **** 5 Assistant Dog Control 391 DOH A3510 Officer 400 Tewksbury, Kathleen 1 FT 11/13/1995 16.04 *** 5

392 DOH A4010 Clerk/Typist 604 Abrey, Michelle 2 FT 10/28/2011 11.48 N/A NH

393 DOH A4010 Clerk/Typist 604 Bennett, Stacey A. 2 FT 9/28/2009 13.84 N/A 2

394 DOH A4082 Clerk/Typist 604 Kimbel, JoMarie 2 FT 2/3/2009 14.46 N/A 3

395 DOH A4035 Clinical Aide 501 Hendershot, Mirandah 4 FT 3/1/2010 15.27 N/A 3

396 DOH A4082 Clinical Aide 501 Martindale, Lynne D. 4 FT 5/10/1982 17.82 **** 5

397 DOH A4035 Clinical Aide 501 Smith, Kathleen 4 FT 2/26/1996 17.46 *** 5 Disease Control & 398 DOH Preparedness Specialist 361 vacant 16 FT N/A 22.25 N/A NH 7/29/2012 399 DOH A4010 Home Health Aide 502 Broadwell, Linda A. 4 FT 7/18/1997 17.10 ** 5 17.46***

400 DOH A4010 Home Health Aide 502 LaMonte, Thomas 4 FT 4/4/2005 16.74 * 5

401 DOH A4010 Home Health Aide 502 McGee, Karen A. 4 FT 3/2/1998 17.10 ** 5

402 DOH A4083 Home Health Aide 502 Martin, Penny L. 4 FT 9/25/2006 16.74 * 5

403 DOH A4035 Nurse Practitioner 230 Conrad, Lou Anne N/A 4/5 8/18/2008 34.75 N/A 5

404 DOH A4010 Nursing Team Assistant 342 Clements, Rodney 9 FT 1/18/2000 20.19 ** 5

405 DOH A4115 Outreach Worker 506 Radesi, Toni M. 7 FT 6/24/2008 17.38 N/A 4

406 DOH A4103 Outreach Worker 506 Wagner, Cynthia 7 FT 9/14/2009 16.18 N/A 2 Outreach Worker- Perez-Mendez, 407 DOH A4115 Spanish Speaking 519 Michelle 7 FT 3/14/2011 15.57 N/A 1

408 DOH A4093 Public Health Educator 240 Cannon, Diana 13 FT 2/2/2009 22.91 N/A 3

409 DOH A4010 Public Health Educator 240 Small, Jaclyn 13 FT 5/10/2010 22.01 N/A 2

410 DOH A4010 Public Health Sanitarian 305 Kanouse, James 14 FT 6/6/1988 28.50 **** 5 9/9/2012 411 DOH A4106 Public Health Sanitarian 305 Rogers, Barbara 14 FT 9/2/1997 26.45 ** 4 26.97***

412 DOH A4010 Public Health Sanitarian 305 Sisak, George 14 FT 3/16/2001 27.46 ** 5 Public Health Social 413 DOH A4083 Worker 338 Kniffin, Serena J. 18 FT 10/12/1999 36.18 ** 5

414 DOH A4010 Public Health Technician 307 Carney, Bradley D. 11 FT 2/25/2008 20.81 N/A 4

415 DOH A4093 Public Health Technician 307 Dyke, Kevin J. 11 FT 5/12/2008 20.81 N/A 4 Registered Professional 416 DOH A4010 Nurse 243 Abe, Marsha N/A FT 2/22/2000 23.83 ** 5 386 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Registered Professional 417 DOH A4010 Nurse w/ BS 250 Brown, Deborah J. N/A FT 1/11/2011 24.31 N/A 5 Registered Professional 418 DOH A4010 Nurse w/ BS 250 Calnan, Laurie N/A FT 7/7/1988 26.37 **** 5 Registered Professional 419 DOH A4010 Nurse 243 Candie, Mylessia N/A FT 1/24/2011 21.78 N/A 3 Registered Professional 420 DOH A4010 Nurse w/ BS 250 Coburn, Tami M. N/A FT 5/5/1998 25.29 ** 5 Registered Professional 421 DOH A4091 Nurse 243 Farwell, Karen K. N/A 3/5 6/28/2006 23.30 * 5 Registered Professional 422 DOH A4083 Nurse 243 France, Tina J. N/A FT 5/21/2010 22.85 N/A 5 Registered Professional 423 DOH A4010 Nurse 243 Galton, Stephanie E. N/A FT 1/7/2008 22.85 N/A 5 Registered Professional 424 DOH A4010 Nurse 243 Gilliland, Theresa A. N/A FT 2/6/1985 24.91 **** 5 Registered Professional 7/1/2012 425 DOH A4091 Nurse w/ BS 250 Hamilton, Peggy D. N/A FT 7/1/1997 25.29 ** 5 25.83*** Registered Professional 426 DOH A4082 Nurse 243 Hewitt, Lisa N/A FT 12/15/2003 23.30 * 5 Registered Professional 427 DOH A4082 Nurse 243 Johnson, Gail A. N/A 4/5 3/26/2001 23.83 ** 5 Registered Professional 428 DOH A4010 Nurse 243 Johnson, Sandra M. N/A PT 8/31/2011 21.18 N/A 2 Registered Professional 429 DOH A4010 Nurse 243 Jones, Barbara G. N/A FT 10/17/2006 23.30 * 5 Registered Professional 430 DOH A4010 Nurse w/ BS 250 Joy, Jolynn E. N/A FT 3/27/2011 23.78 N/A 4 Registered Professional 431 DOH A4010 Nurse 243 Marasa, Teresa N/AFT 7/5/2011 22.32 N/A 4 Registered Professional 11/18/2012 432 DOH A4083 Nurse w/ BS 250 Meyers, Judy N/A FT 11/12/2002 24.76 * 5 25.29** Registered Professional 433 DOH A4010 Nurse w/ BS 250 Nichols, Tammy Sue N/A FT 3/28/2011 23.78 N/A 4 Registered Professional 8/12/2012 434 DOH A4010 Nurse w/ BS 250 Rountree, Susan N/A FT 8/3/1992 25.83 *** 5 26.37**** Registered Professional 435 DOH A4035 Nurse 243 Simmons, Linda N/A 4/5 7/11/2011 22.32 N/A 4 Registered Professional 436 DOH A4083 Nurse w/ BS 250 Wester, Jennifer L. N/A 3/5 9/8/2011 23.29 N/A 3 Registered Professional 7/15/2012 437 DOH A4082 Nurse w/ BS 250 Wilcox, Irene N/A 4/5 7/2/2007 24.31 N/A 5 24.76* Registered Professional 8/26/2012 438 DOH A4010 Nurse w/ BS 250 Wood, Claire Anne N/A FT 8/19/2002 24.76 * 5 25.29** Registered Professional 439 DOH A4010 Nurse 243 Yunker, Gail N/A FT 12/3/2007 23.30 * 5 Registered Professional 440 DOH A4083 Nurse 243 vacant N/A FT N/A N/A N/A N/A Registered Professional 441 DOH A4082 Nurse 243 vacant N/A 3/5 N/A N/A N/A N/A Senior Account 442 DOH A4010 Clerk/Typist 621 Hanna-Brown, Barbara 9 FT 8/30/2004 19.19 * 4 Senior Account 443 DOH A4010 Clerk/Typist 621 Hendershot, Debra Ann 9 FT 2/23/2001 20.19 ** 5 Senior Public Health 444 DOH A4010 Educator 331 Beardsley, Lisa M. 15 FT 7/12/1993 29.72 *** 5 Senior Public Health 4/22/2012 445 DOH A4010 Sanitarian 330 Bowlds, Daniel L. 16 FT 4/16/2007 29.90 N/A 5 30.45* Senior Public Health 446 DOH A4097 Sanitarian 330 Higgins, Cathy A. 16 FT 9/5/1995 31.55 *** 5

447 DOH A4010 Senior Typist 627 Donovan, Janice 7 FT 1/10/1994 19.10 *** 5

448 DOH A4010 Senior Typist 627 Manthey, Cheryl 7 FT 9/22/2008 16.78 N/A 3 DECEMBER 28, 2011 387

449 DOH A4010 Senior Typist 627 Rounsville, Alise E. 7 FT 8/13/1984 19.47 **** 5

450 DOH A4035 Senior Typist 627 Zimmer, Susan M. 7 FT 1/3/2008 17.38 N/A 4 Supervising Public 7/15/2012 451 DOH A4010 Health Nurse 256 Bradt, Sandra N/A FT 7/13/1992 27.87 *** 5 28.41**** Supervising Public 5/20/2012 452 DOH A4010 Health Nurse 256 Burley, Jill N/A FT 5/7/1997 27.33 ** 5 27.87*** Supervising Public 453 DOH A4083 Health Nurse 256 Chapman, Wendy N/A FT 8/2/1999 27.33 ** 5 Supervising Public 454 DOH A4010 Health Nurse 256 Cunningham, Victoria N/A 4/5 6/25/2007 26.35 N/A 5 7/1/2012 26.80* Supervising Public 455 DOH A4010 Health Nurse 256 Root, Kathleen N/A FT 11/29/2000 27.33 ** 5 Supervising Public 456 DOH A4082 Health Nurse 256 Vokes, Colleen N/A FT 5/14/1984 28.41 **** 5 Supervising Public 457 DOH A4035 Health Nurse 256 vacant N/A FT N/A N/A N/A N/A Supervising Public 458 DOH A4115 Health Nurse 256 vacant N/A FT N/A N/A N/A N/A

459 HWAY D5010 Account Clerk/Typist 601 Dieter, Maruth M. 7 FT 12/11/2000 18.73 ** 5

460 HWAY M5130 Automotive Mechanic 700 Guldenschuh, Carl E. 12 FT 5/24/1999 23.96 ** 5

461 HWAY M5130 Automotive Mechanic 700 Kenney Jr., John 12 FT 5/22/1978 24.88 **** 5 Automotive Mechanic 6/17/2012 462 HWAY M5130 Helper 800 Gall, Bryan 8 FT 6/6/2007 18.58 N/A 5 18.97* Bridge Construction 463 HWAY D5110 Supervisor 716 Paul Jr., Richard H. 14 FT 4/18/1979 28.50 **** 5 7/15/2012 464 HWAY D5020 Engineering Aide 517 Farruggia, Jeffrey J. 10 FT 7/9/2007 19.55 N/A 4 19.95*

465 HWAY D5020 Engineering Tech. 315 Crawford, David G. 14 FT 8/24/1987 28.50 **** 5

466 HWAY D5020 Engineering Tech. 315 Gelser, Gary C. 14 FT 1/13/2003 26.94 * 5 Motor Equipment 467 HWAY D5110 Operator I 705 Macauley, David 9 FT 7/21/2008 18.07 N/A 3 Motor Equipment 468 HWAY D5110 Operator I 705 Maldonado, Baldemar 9 FT 7/21/2008 18.07 N/A 3 Motor Equipment 469 HWAY D5110 Operator I 705 Rees, Richard A. 9 FT 4/13/2009 18.07 N/A 3 Motor Equipment 470 HWAY D5110 Operator I 705 White, Christopher M. 9 FT 6/10/2009 18.07 N/A 3 Motor Equipment 8/26/2012 471 HWAY D5110 Operator II 706 Barratt Jr., Fay L. 10 FT 8/13/2007 20.26 N/A 5 20.66* Motor Equipment 8/26/2012 472 HWAY D5110 Operator II 706 Benedict, Benjamin 10 FT 8/13/2007 20.26 N/A 5 20.66* Motor Equipment 8/26/2012 473 HWAY D5110 Operator II 706 Cole, Scott T. 10 FT 8/13/2007 19.55 N/A 4 19.95* Motor Equipment 8/26/2012 474 HWAY D5110 Operator II 706 Cucinotta, James 10 FT 8/13/2007 20.26 N/A 5 20.66* Motor Equipment 475 HWAY D5110 Operator III 707 Barnhart, Kevin L. 11 FT 4/1/1996 22.79 *** 5 Motor Equipment 476 HWAY D5110 Operator III 707 Bourgoine, Dean 11 FT 5/8/1989 23.20 **** 5 Motor Equipment 477 HWAY D5110 Operator III 707 Canute Jr., Thomas L. 11 FT 8/15/1988 23.20 **** 5 Motor Equipment 478 HWAY D5110 Operator III 707 Donovan, Michael D. 11 FT 5/13/1996 22.79 *** 5 Motor Equipment 479 HWAY D5110 Operator III 707 Henry, William F. 11 FT 5/15/1989 23.20 **** 5 Motor Equipment 480 HWAY D5110 Operator III 707 Shutt, Fred R. 11 FT 3/1/1993 22.79 *** 5 388 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Motor Equipment 481 HWAY D5110 Operator III 707 Wilkins, David D. 11 FT 5/18/1987 23.20 **** 5

482 HWAY D5010 Principal Clerk 615 Johnson, Michelle S. 10 FT 11/21/1988 21.86 **** 5 Road Maintenance 483 HWAY D5110 Worker 813 Cormier, Caroline H. 7 FT 6/5/2011 15.57 N/A 1 Road Maintenance 484 HWAY D5110 Worker 813 Cosimano, Dustin J. 7 FT 6/10/2009 16.78 N/A 3 Road Maintenance 485 HWAY D5110 Worker 813 vacant 7 FT N/A 13.44 N/A NH Road Maintenance 486 HWAY D5110 Worker 813 vacant 7 FT N/A 13.44 N/A NH Senior Account 487 HWAY D5010 Clerk/Typist 621 DuBois, Mary Kim 9 FT 5/30/2004 19.80 * 5

488 HWAY D5110 Senior Sign Technician 314 Mastin, Brian 11 FT 9/5/1989 23.20 **** 5

489 HWAY M5130 Shop Manager 711 Gridley, Michael J. 14 FT 6/2/1980 28.50 **** 5

490 HWAY D5110 Sign Shop Technician 714 Seeber Jr., Bruce H. 10 FT 6/18/2007 20.26 N/A 5 7/1/2012 20.66*

491 HWAY D5110 Welder/ Fabricator 317 Grosse, Christopher J. 13 FT 4/29/1996 26.18 *** 5 Computer Training 492 ITS A1680 Coordinator/Operator 327 Miller, Judith A. 17 AT 12/5/2011 32.92 N/A N/A Computer Training 493 ITS A1680 Coordinator/Operator 327 Struble II, Steven K. 17 FT 1/8/2001 33.32 ** 5 Computer Training 494 ITS A1680 Coordinator/Operator 327 Taylor, Thomas Q. 17 FT 5/4/1998 33.32 ** 5 Computer Training 495 ITS A1680 Coordinator/Operator 327 Wolcott II, Harold D. 17 FT 5/2/2005 32.74 * 5 Computer Training 496 ITS A1680 Coordinator/Operator 327 vacant 17 FT N/A 23.90 N/A NH

497 ITS A1680 Network Administrator 343 Bielaski, Daniel T. 17 FT 5/15/2000 33.32 ** 5

498 ITS A1680 Programmer 292 DeMarte, Martin R. 17 FT 1/19/1987 34.48 **** 5

499 ITS A1680 Programmer 292 Edwards, Karriann 17 FT 6/14/2006 32.74 * 5 Community Mental 500 MH A4310 Health Nurse 209 Trescott, Pamela 17 FT 5/21/1991 34.48 **** 5 Forensic Mental Health 501 MH A4310 Therapist 149 Masci, Margaret 16 FT 4/5/2010 26.82 N/A 2

502 MH A4310 Intensive Case Manager 296 Allen, Michael R. 15 FT 11/4/1996 29.72 *** 5

503 MH A4310 Intensive Case Manager 296 Valentino, Anne E. 15 FT 2/5/1996 29.72 *** 5

504 MH A4310 Medical Billing Specialist 652 Barnard, Jill E. 10 FT 2/19/2008 19.55 N/A 4 Mental Health Clinical 505 MH A4310 Therapist 228 Bligh, Laura L. 16 FT 2/2/2009 27.83 N/A 3 Mental Health Clinical 506 MH A4310 Therapist 228 Granita, Cathy 16 FT 7/14/1980 32.10 **** 5 Mental Health Clinical 507 MH A4310 Therapist 228 Henderson, Jennifer 16 FT 9/24/2001 31.00 ** 5 Mental Health Clinical 508 MH A4310 Therapist 228 Murtha, Deborah 16 FT 7/6/2009 26.82 N/A 2 Mental Health Clinical 509 MH A4310 Therapist 228 vacant 16 FT N/A 22.25 N/A NH Mental Health Clinical 510 MH A4310 Therapist 228 vacant 16 FT N/A 22.25 N/A NH Mental Health Services 511 MH A4310 Coordinator 352 Canne, Laura 19 FT 1/17/2006 38.10 * 5

512 MH A4310 Principal Typist 640 LaMont, Pamela 10 FT 5/24/1993 21.46 *** 5 DECEMBER 28, 2011 389

Psychiatric Social Work 513 MH A4310 Assistant 263 Spike, Jessica Lynn 14 FT 8/21/2006 26.94 * 5 Senior Account 514 MH A4310 Clerk/Typist 621 Herrick, Sally 9 FT 3/22/2010 17.44 N/A 2

515 MH A4310 Senior Typist 627 Dingeldine, Sharon 7 FT 6/27/2005 18.36 * 5

516 MH A4310 Senior Typist 627 VanIngen, Barbara A. 7 FT 1/28/2008 18.73 ** 5 Supportive Case 517 MH A4310 Manager 357 Hanley, Wayne 14 FT 10/31/2011 19.43 N/A NH Supportive Case 518 MH A4310 Manager 357 vacant 14 FT N/A 19.43 N/A NH

519 PLAN A8020 Administrative Secretary 602 Essler, Darlene 10 FT 12/6/1993 21.46 *** 5 Energy Programs 520 PLAN A6310 Supervisor 220 Templeton, Robert 15 FT 11/1/2006 28.66 * 5

521 PLAN A8020 Planner 234 Ferrero, Heather A. 17 FT 10/5/1998 33.32 ** 5

522 PLAN A8020 Planning Assistant 328 Underhill, Mary 13 FT 10/10/2008 22.91 N/A 3 7/15/2012 523 PLAN A8020 Senior Account Clerk 619 Trimm, Penny 9 FT 7/2/2007 18.80 N/A 4 19.19* Senior Account 524 PLAN A6310 Clerk/Typist 621 Gullo, Tamara A. 9 FT 10/26/1981 20.97 **** 5 6/3/2012 525 PLAN A6310 Winterization Aide 818 Carney, Charles C. 9 FT 5/24/2002 19.80 * 5 20.19**

526 PLAN A6310 Winterization Aide 818 Ellsworth, Jeffrey J. 9 FT 2/11/2010 17.44 N/A 2

527 PLAN A6310 Winterization Aide 818 Schmidt, John 9 FT 4/7/2008 18.80 N/A 4 Winterization 528 PLAN A6310 Foreperson 819 Robinson, Mark 11 FT 8/31/2001 22.38 ** 5

529 PROB A3140 Principal Typist 640 VanHorn, Mary A. 10 FT 9/13/2001 21.06 ** 5

530 PROB A3140 Probation Officer 238 Czyryca, Douglas 14 FT 1/20/2004 26.94 * 5

531 PROB A3140 Probation Officer 238 Dunn, Kathryn 14 FT 3/3/2008 25.41 N/A 4

532 PROB A3140 Probation Officer 238 Mack, Debra 14 FT 10/13/2009 22.52 N/A 1 Probation Officer 533 PROB A3140 Trainee 237 McKinney, Matthew J. 13 FT 9/14/2011 18.19 N/A NH 7/12/2012 534 PROB A3140 Probation Officer 238 Sobrado, Courtney 14 FT 7/16/2007 25.41 N/A 4 25.93*

535 PROB A3140 Probation Officer 238 Varno, Jason G. 14 FT 9/5/2004 26.94 * 5 9/9/2012 536 PROB A3140 Probation Officer 238 Wolfanger, Michelle C. 14 FT 8/27/2002 26.94 * 5 27.46** Probation Officer 537 PROB A3140 Trainee 237 vacant 13 FT N/A 18.19 N/A NH Probation Officer 538 PROB A3140 Trainee 237 vacant 13 FT N/A 18.19 N/A NH

539 PROB A3140 Probation Supervisor 239 Laney, Elizabeth M. 17 FT 7/19/2005 28.34 * 1

540 PROB A3140 Probation Supervisor 239 Weidman, Karen Sue 17 FT 2/14/1984 34.48 **** 5

541 PROB A3140 Senior Probation Officer 248 Fronk, Colleen 15 FT 12/27/1999 29.19 ** 5 7/1/2012 542 PROB A3140 Senior Probation Officer 248 Johnston, Debra L. 15 FT 6/30/1997 29.19 ** 5 29.72***

543 PROB A3140 Senior Typist 627 Pike, Leeann 7 FT 4/7/2011 15.57 N/A 1

544 PD A1170 Clerk/Typist 604 Zittel, Agatha P. 2 FT 11/4/2001 16.27 ** 5 390 REPORT OF THE SUPERVISORS’ PROCEEDINGS

545 PW A8037 Account Clerk/Typist 601 Rewald, Carole V. 7 FT 3/19/2001 18.73 ** 5

546 PW A8037 Account Clerk/Typist 601 vacant 7 FT N/A 13.44 N/A NH Senior Account 547 PW A8037 Clerk/Typist 621 Lewis, Rene P. 9 FT 2/14/2000 20.19 ** 5 Senior Wastewater Treatment Plant 548 PW A8037 Operator 358 Shaver, Michael K. 15 FT 4/1/1983 30.25 **** 5 Wastewater Treatment 3/11/2012 549 PW A8037 Plant Operator 359 Carroll, Steven 13 FT 3/11/2002 25.20 * 5 25.69** Wastewater Treatment 550 PW A8037 Plant Operator 359 D'Aprile, Thomas 13 FT 5/15/2009 22.91 N/A 3 Wastewater Treatment 551 PW A8037 Plant Operator/Trainee 816 vacant 12 FT N/A 17.00 N/A NH Water Treatment Plant 552 PW A8037 Operator 350 Kosakowski, Mark D. 13 FT 6/27/1987 26.67 **** 5 Water/Wastewater 553 PW A8037 Maintenance Person 836 Bauer Jr., Joseph J. 11 FT 4/2/2007 21.56 N/A 5 4/8/2012 21.97* Water/Wastewater 554 PW A8037 Maintenance Person 836 Gascon, Matthew 11 FT 12/18/1989 23.20 **** 5 Water/Wastewater 555 PW A8037 Maintenance Person 836 Marsh, Todd 11 FT 11/12/1996 22.79 *** 5 Water/Wastewater 556 PW A8037 Maintenance Person 836 Stone, Richard 11 FT 11/17/1983 23.20 **** 5 Water/Wastewater 557 PW A8037 Maintenance Person 836 vacant 11 FT N/A 16.02 N/A NH Real Property Tax 558 RPTS A1355 Services Aide 618 Covert, Beverly 9 FT 1/31/1978 20.97 **** 5 Senior Tax Map 9/23/2012 559 RPTS A1355 Technician 251 Fuller, William 15 FT 9/17/2007 27.16 N/A 4 27.69*

560 RPTS A1355 Senior Typist 627 Johnson, Sandra 7 FT 10/9/1985 19.47 **** 5 9/23/2012 561 SHER A3020 Civilian Dispatcher 605 Biddle, Kip E. 11 FT 9/17/2007 20.98 N/A 4 21.16*

562 SHER A3020 Civilian Dispatcher 605 Bovee, Christine M. 11 FT 7/1/1988 22.72 **** 5 7/15/2012 563 SHER A3020 Civilian Dispatcher 605 Boyd, William 11 FT 7/14/1997 22.28 ** 5 22.63*** 2/26/2012 564 SHER A3020 Civilian Dispatcher 605 Carroll, Lonni J. 11 FT 2/21/2007 21.84 N/A 5 22.02*

565 SHER A3020 Civilian Dispatcher 605 Grant, Curtis S. 11 FT 11/2/2010 18.44 N/A 1

566 SHER A3020 Civilian Dispatcher 605 Gross, Heather L. 11 FT 10/24/1994 22.63 *** 5

567 SHER A3020 Civilian Dispatcher 605 Morris, Wendy 11 FT 6/9/1991 22.72 **** 5

568 SHER A3020 Civilian Dispatcher 605 Radesi Jr., Frank 11 FT 8/9/1993 22.63 *** 5

569 SHER A3020 Civilian Dispatcher 605 Rose Jr., Wayne S. 11 FT 7/10/2001 22.28 ** 5

570 SHER A3020 Civilian Dispatcher 605 Rutigliano, John A. 11 FT 11/2/2010 18.44 N/A 1

571 SHER A3020 Civilian Dispatcher 605 Schultz, Amanda S. 11 FT 4/13/2009 20.14 N/A 3

572 SHER A3020 Civilian Dispatcher 605 Switzer, Kelley A. 11 FT 5/10/1999 22.28 ** 5

573 SHER A3020 Civilian Dispatcher 605 Wood, Brian R. 11 FT 5/16/2005 22.02 * 5

574 SHER A3020 Civilian Dispatcher 605 Worden, Leon B. 11 FT 7/24/1989 22.72 **** 5

575 SHER A3020 Civilian Dispatcher 605 Zabrocki, Stephen 11 FT 9/19/2000 22.28 ** 5

576 SHER A3150 Clerk/Typist 604 Avery, Patricia D. 2 FT 11/19/2001 16.15 ** 5 DECEMBER 28, 2011 391

577 SHER A3112 Clerk/Typist 604 Braaten, Rachel L. 2 FT 11/1/2011 11.39 N/A NH

578 SHER A3110 Clerk/Typist 604 George, Karen M. 2 FT 3/5/2010 13.73 N/A 2

579 SHER A3150 Cook (Corrections) 808 Shellenbarger, Bradley 9 FT 12/27/1989 20.82 **** 5

580 SHER A3150 Cook (Corrections) 808 Vasile, Rosalie 9 FT 9/6/2007 18.65 N/A 4 9/9/2012 19.04*

581 SHER A3150 Corrections Corporal 197 Hammond, Jeffrey 13 FT 12/1/1996 25.30 *** 5 10/7/2012 582 SHER A3150 Corrections Corporal 197 Kennedy, Lawrence 13 FT 9/30/1997 24.91 ** 5 25.30***

583 SHER A3150 Corrections Corporal 197 Newton, Randall Scott 13 FT 5/12/2000 24.91 ** 5

584 SHER A3150 Corrections Corporal 197 Polizzi, Matthew R. 13 FT 4/26/1998 24.91 ** 5

585 SHER A3150 Corrections Corporal 197 Schirmer, Rodney J. 13 FT 9/26/1987 25.40 **** 5

586 SHER A3150 Corrections Corporal 197 Slocum, Jeremy E. 13 FT 3/15/2005 24.62 * 5

587 SHER A3150 Corrections Officer 199 Agosto Jr., Jose 12 FT 2/5/2009 21.03 N/A 3

588 SHER A3150 Corrections Officer 199 Anne, Michael L. 12 FT 10/13/2000 23.27 ** 5

589 SHER A3150 Corrections Officer 199 Baker, William J. 12 FT 1/27/2005 22.99 * 5

590 SHER A3150 Corrections Officer 199 Bennett, Rodrick J. 12 FT 1/27/1991 23.73 **** 5 Clark-Pierson, Brenda 591 SHER A3150 Corrections Officer 199 M. 12 FT 9/12/010 19.29 N/A 1

592 SHER A3150 Corrections Officer 199 deLeeuw, Daniel P. 12 FT 3/31/1993 23.64 *** 5

593 SHER A3150 Corrections Officer 199 Doe, Lorilyn R. 12 FT 9/12/2010 19.29 N/A 1

594 SHER A3150 Corrections Officer 199 Eichhorn, Andrew 12 FT 2/2/2001 23.27 ** 5

595 SHER A3150 Corrections Officer 199 Fraser, Timothy M. 12 FT 9/12/2010 19.29 N/A 1 12/30/2012 596 SHER A3116 Corrections Officer 199 Frisiras, George P. 12 FT 12/21/1997 23.27 ** 5 23.64***

597 SHER A3116 Corrections Officer 199 Galvin, Aaron C. 12 FT 10/13/2000 23.27 ** 5

598 SHER A3150 Corrections Officer 199 Gilg, Kyle R. 12 FT 11/27/2011 18.34 N/A B 9/9/2012 599 SHER A3150 Corrections Officer 199 Hillier, Michael A. 12 FT 9/1/1997 23.27 ** 5 23.64***

600 SHER A3150 Corrections Officer 199 Kelley, Jamie 12 FT 9/14/1994 23.64 *** 5

601 SHER A3150 Corrections Officer 199 Kemp, Michael J. 12 FT 12/12/2008 21.03 N/A 3

602 SHER A3150 Corrections Officer 199 Langless, Boe L. 12 FT 9/5/2000 23.27 ** 5 12/2/2012 603 SHER A3116 Corrections Officer 199 Lynch, Patrick 12 FT 11/23/1997 23.27 ** 5 23.64***

604 SHER A3116 Corrections Officer 199 Malone Jr., Michael J. 12 FT 12/10/1998 23.27 ** 5

605 SHER A3150 Corrections Officer 199 Mayes, Benjamin 12 FT 2/5/2010 20.16 N/A 2

606 SHER A3150 Corrections Officer 199 Merrick, Carrie 12 FT 9/12/2010 19.29 N/A 1 12/30/2012 607 SHER A3116 Corrections Officer 199 Mistretta, Brent W. 12 FT 12/26/1992 23.64 *** 5 23.73****

608 SHER A3150 Corrections Officer 199 Moses, Christine M. 12 FT 9/2/2011 18.34 N/A B 392 REPORT OF THE SUPERVISORS’ PROCEEDINGS

609 SHER A3150 Corrections Officer 199 Pagano Jr., Peter 12 FT 9/12/2010 19.29 N/A 1

610 SHER A3150 Corrections Officer 199 Plank, Donald J. 12 FT 1/8/1998 23.27 ** 5

611 SHER A3150 Corrections Officer 199 Pratt, Jeremiah 12 FT 9/12/2010 19.29 N/A 1 7/15/2012 612 SHER A3150 Corrections Officer 199 Quibell, Michael C. 12 FT 7/8/2002 22.99 * 5 23.27*

613 SHER A3150 Corrections Officer 199 Rice, Jennifer 12 AT 11/23/2011 18.34 N/A N/A

614 SHER A3150 Corrections Officer 199 Romanowski, Matthew 12 FT 9/12/2010 19.29 N/A 1

615 SHER A3150 Corrections Officer 199 Rose, Patricia J. 12 FT 11/4/1999 23.27 ** 5

616 SHER A3150 Corrections Officer 199 Rowan, William 12 FT 10/27/2006 22.99 * 5

617 SHER A3150 Corrections Officer 199 Sackett, William D. 12 FT 11/7/1984 23.73 **** 5

618 SHER A3150 Corrections Officer 199 Schledorn Jr., Thomas 12 FT 12/12/2008 21.03 N/A 3

619 SHER A3150 Corrections Officer 199 Schleyer, Robert J. 12 FT 9/15/2008 21.03 N/A 3 11/4/2012 620 SHER A3150 Corrections Officer 199 Scott, Zachary 12 FT 11/2/2007 21.94 N/A 4 22.12*

621 SHER A3150 Corrections Officer 199 Shepard, Michael C. 12 FT 10/12/2010 19.29 N/A 1

622 SHER A3116 Corrections Officer 412 Templeton, Matthew 12 FT 12/27/1989 23.73 **** 5 Yamonaco Jr., Marvin 623 SHER A3150 Corrections Officer 199 A. 12 FT 4/1/2001 23.27 ** 5

624 SHER A3150 Corrections Sergeant 195 Lubanski, Donald W. 14 FT 1/27/1991 26.95 **** 5

625 SHER A3116 Corrections Sergeant 195 Provo, David M. 14 FT 5/13/1984 26.95 **** 5 Deputy Sheriff/ 15 626 SHER A3147 Investigator 224 Applin, Brian RP FT 6/6/1994 31.24 *** 5 Deputy Sheriff/ 15 627 SHER A3110 Investigator 224 Dougherty, Thomas RP FT 3/22/2006 30.69 * 5 Deputy Sheriff/ 15 628 SHER A3110 Investigator 224 Huff Jr., Ronald L. RP FT 12/27/1989 31.56 **** 5 Deputy Sheriff/ 15 629 SHER A3147 Investigator 224 Kane, Gerald H. RP FT 8/31/1985 31.89 ***** 5 Deputy Sheriff/ 15 2/26/2011 630 SHER A3110 Investigator 224 Peck, Menzo RP FT 2/18/2002 30.69 * 5 30.95** Deputy Sheriff/ 15 631 SHER A3110 Investigator 224 Wiedrick, Jeffrey RP FT 9/9/1993 31.24 *** 5 Deputy Sheriff/ Road 13 632 SHER A3110 Patrol 402 Applin, Phyllis RP FT 9/2/1996 27.72 *** 5 Deputy Sheriff/ Road 13 633 SHER A3110 Patrol 402 Barrett, Kevin S. RP FT 9/6/2005 27.17 * 5 Deputy Sheriff/ Road 13 634 SHER A3110 Patrol 402 Breu, Joseph RP FT 7/25/2001 27.43 ** 5 Deputy Sheriff/ Road 13 635 SHER A3110 Patrol 402 Brosius, Christopher RP FT 1/8/2010 23.85 N/A 2 Deputy Sheriff/ Road 13 636 SHER A3110 Patrol 402 Cartwright, William RP FT 2/1/1990 28.04 **** 5 Deputy Sheriff/ Road 13 6/3/2012 637 SHER A3111 Patrol 402 Chichester, Gene E. RP FT 5/26/1997 27.43 ** 5 27.72*** Deputy Sheriff/ Road 13 638 SHER A3110 Patrol 402 Clarke, William T. RP FT 7/24/1995 27.72 *** 5 Deputy Sheriff/ Road 13 639 SHER A3112 Patrol 402 Cutting, Caleb I. RP FT 6/10/2011 22.63 N/A 1 Deputy Sheriff/ Road 13 640 SHER A3111 Patrol 402 Didas, Alan M. RP FT 12/31/2008 25.90 N/A 4 DECEMBER 28, 2011 393

Deputy Sheriff/ Road 13 641 SHER A3110 Patrol 402 Geer, Kevin L. RP FT 7/26/1999 27.43 ** 5 Deputy Sheriff/ Road 13 11/4/2012 642 SHER A3110 Patrol 402 Gerace, Ross L. RP FT 10/24/2002 27.17 * 5 27.43** Deputy Sheriff/ Road 13 643 SHER A3110 Patrol 402 Granita, Joseph RP FT 11/1/1982 28.37 ***** 5 Deputy Sheriff/ Road 13 12/30/2012 644 SHER A3110 Patrol 402 Herkimer, Martin C. RP FT 12/21/2007 26.93 N/A 5 27.17* Deputy Sheriff/ Road 13 645 SHER A3110 Patrol 402 Holt, Robert N. RP FT 7/15/2011 21.98 N/A B Deputy Sheriff/ Road 13 646 SHER A3110 Patrol 402 Kane, Rebeccca RP FT 3/1/2008 25.90 N/A 4 Deputy Sheriff/ Road 13 647 SHER A3110 Patrol 402 Mann, Bryan R. RP FT 7/25/1999 27.43 ** 5 Deputy Sheriff/ Road 13 648 SHER A3110 Patrol 402 Marvin, Judson M. RP FT 12/2/2011 21.98 N/A B Deputy Sheriff/ Road 13 649 SHER A3112 Patrol 402 Merrick, James W. RP FT 4/4/2005 27.17 * 5 Deputy Sheriff/ Road 13 6/3/2012 650 SHER A3110 Patrol 402 Miller, A. Gary RP FT 6/1/2002 27.17 * 5 27.43** Deputy Sheriff/ Road 13 651 SHER A3111 Patrol 402 Monster, Joshua RP FT 6/1/2006 27.17 * 5 Deputy Sheriff/ Road 13 10/7/2012 652 SHER A3110 Patrol 402 Noto, Cory RP FT 9/30/1997 27.43 ** 5 27.72*** Deputy Sheriff/ Road 13 9/23/2012 653 SHER A3110 Patrol 402 Orman, Matthew D. RP FT 9/18/2007 26.93 N/A 5 27.17* Deputy Sheriff/ Road 13 654 SHER A3112 Patrol 402 Richardson, David RP FT 12/7/2009 26.93 N/A 5 Deputy Sheriff/ Road 13 7/14/2012 655 SHER A3111 Patrol 402 Rittenhouse, Daniel RP FT 7/3/1997 27.43 ** 5 27.72*** Deputy Sheriff/ Road Schroeder, Stephanie 13 656 SHER A3110 Patrol 402 L. RP FT 7/6/2009 24.87 N/A 3 Deputy Sheriff/ Road 13 657 SHER A3110 Patrol 402 Swanson, Ryan W. RP FT 4/5/2010 23.85 N/A 2 Deputy Sheriff/ Road 13 658 SHER A3110 Patrol 402 VanAuken, Chad J. RP FT 11/3/2008 25.90 N/A 4 Deputy Sheriff/ Road 13 659 SHER A3112 Patrol 402 Wade, Michael R. RP FT 12/28/2009 24.87 N/A 3 Deputy Sheriff/ Road 13 660 SHER A3110 Patrol 402 Whitford, Shawn S. RP FT 10/11/2008 25.90 N/A 4 Deputy Sheriff/ Road 13 661 SHER A3110 Patrol 402 Williams, Michael J. RP FT 1/1/2009 24.87 N/A 3 Deputy Sheriff/ Road 13 7/14/2012 662 SHER A3110 Patrol 402 Yencer, Michael G. RP FT 7/3/1997 27.43 ** 5 27.72*** Deputy Sheriff/ Road 13 663 SHER A3110 Patrol 402 vacant RP FT N/A 21.98 N/A B Deputy Sheriff/ Road 13 664 SHER A3110 Patrol 402 vacant RP FT N/A 21.98 N/A B Deputy Sheriff/Road 13 665 SHER A3110 Patrol 402 vacant RP AT N/A 21.98 N/A B Deputy Sheriff/ Sergeant 15 666 SHER A3110 (Rd. Patrol) 252 Bean, Matthew RP FT 5/28/1998 30.95 ** 5 Deputy Sheriff/ Sergeant 15 667 SHER A3020 (Rd. Patrol) 252 Bradley, Michael RP FT 7/31/1988 31.56 **** 5 Deputy Sheriff/ Sergeant 15 668 SHER A3110 (Rd. Patrol) 252 Dougherty, Michael P. RP FT 2/21/2001 30.95 ** 5 Deputy Sheriff/ Sergeant 15 669 SHER A3110 (Rd. Patrol) 252 Draper, Chad G. RP FT 6/28/1999 30.95 ** 5 Deputy Sheriff/ Sergeant 15 670 SHER A3110 (Rd. Patrol) 252 Morris, Randall RP FT 12/19/1979 31.89 ***** 5 Deputy Sheriff/ Sergeant 15 671 SHER A3110 (Rd. Patrol) 252 Schneider, Bradley J. RP FT 8/2/1999 30.95 ** 5 Deputy Sheriff/ Sergeant 15 672 SHER A3110 (Rd. Patrol) 252 Zambito, Joseph A. RP FT 10/16/2000 30.95 ** 5 394 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Deputy Sheriff/ Sergeant 15 673 SHER A3110 (Rd. Patrol) 252 Zeh, Norman RP FT 11/6/2006 30.69 * 5

674 SHER A3110 Principal Clerk 615 Hamsher, Dawn 10 FT 6/19/2006 20.50 * 5

675 SHER A3147 Principal Clerk 615 Woodruff, Margaret 10 FT 8/25/2003 20.50 * 5

676 SHER A3110 Principal Clerk 615 vacant 10 FT N/A 14.90 N/A NH

677 SHER A3110 Senior Account Clerk 619 vacant 9 FT N/A 14.43 N/A NH 12/16/2012 678 SHER A3112 Senior Typist 627 DeGraff, Amy 7A FT 12/3/2007 16.06 N/A 2 16.43* Accounting Supervisor 12/2/2012 679 DSS A6010 (Grade B) 200 Hanna, Kristie 15 FT 12/2/2002 23.75 * B 24.28**

680 DSS A6010 Case Management Aide 503 Andrest, Alicia 7 FT 11/20/2008 15.57 N/A 1

681 DSS A6010 Case Management Aide 503 Haynes, Linda L. 7 FT 3/9/1998 18.73 ** 5 7/29/2012 682 DSS A6010 Case Management Aide 503 McLaughlin, Kristy Jo 7 FT 7/16/2007 17.38 N/A 4 17.75*

683 DSS A6010 Case Management Aide 503 Sayre, Karen 7 FT 6/28/2010 16.18 N/A 2

684 DSS A6010 Case Management Aide 503 Templeton, Ann M. 7 FT 10/29/2001 18.36 * 5

685 DSS A6010 Case Supervisor - Gr. B 205 Deming, Sharon 16 FT 5/24/1993 31.55 *** 5

686 DSS A6010 Case Supervisor - Gr. B 205 Gelser, Laird 16 FT 1/4/1982 32.10 **** 5

687 DSS A6010 Case Supervisor - Gr. B 205 Mitchell, Marsha 16 FT 6/12/2000 31.55 *** 5

688 DSS A6010 Case Supervisor - Gr. B 205 Rapp, Audrey K. 16 FT 8/5/1985 32.10 **** 5

689 DSS A6010 Case Supervisor - Gr. B 205 Schwegler, Patricia 16 FT 9/29/1980 32.10 **** 5

690 DSS A6010 Caseworker 206 Barber, Marcia C. 14 FT 6/5/2000 27.46 ** 5

691 DSS A6010 Caseworker 206 Carr, Kathleen 14 FT 1/4/1982 28.50 **** 5

692 DSS A6010 Caseworker 206 Chapman, Brandy 14 FT 6/25/2007 26.42 N/A 5 7/1/2012 26.94* 9/9/2012 693 DSS A6010 Caseworker 206 Cole-Staley, Marchelle 14 FT 9/3/2002 26.94 * 5 27.46**

694 DSS A6010 Caseworker 206 Cox, Quinn 14 FT 10/2/2006 25.93 * 4

695 DSS A6010 Caseworker 206 Dietz, Rene 14 FT 1/3/2000 27.46 ** 5

696 DSS A6010 Caseworker 206 Dreywood, Phyllis 14 FT 6/19/2009 24.47 N/A 3

697 DSS A6010 Caseworker 206 Driscoll-Read, Michelle 14 FT 6/28/1993 27.98 *** 5

698 DSS A6010 Caseworker 206 Hainey, Amber 14 FT 10/28/2005 26.94 * 5

699 DSS A6010 Caseworker 206 Jansch, Susan 14 FT 7/26/2004 26.94 * 5

700 DSS A6010 Caseworker 206 Keenan, Kimberly 14 FT 4/4/2010 23.49 N/A 2 8/26/2012 701 DSS A6011 Caseworker 206 Latone, Janet B. 14 FT 8/20/2007 25.41 N/A 4 25.93*

702 DSS A6010 Caseworker 206 Leake Beard, Linda 14 FT 1/6/2003 26.94 * 5

703 DSS A6010 Caseworker 206 Leone, Shauna 14 FT 1/26/2006 26.94 * 5

704 DSS A6010 Caseworker 206 Marsland, Nicole 14 FT 10/27/2005 26.94 * 5 DECEMBER 28, 2011 395

705 DSS A6010 Caseworker 206 Micheaux, Gretchen 14 FT 1/26/2004 26.94 * 5

706 DSS A6010 Caseworker 206 Mitchell, Heather 14 FT 9/30/1996 27.98 *** 5

707 DSS A6010 Caseworker Trainee 207 Monster, Erin E. 13 FT 10/3/2011 18.19 N/A NH

708 DSS A6010 Caseworker 206 Murphy, Mary K. 14 FT 4/7/1986 28.50 **** 5

709 DSS A6010 Caseworker 206 Neus, Joni 14 FT 11/24/1999 27.46 ** 5

710 DSS A6010 Caseworker 206 Orban, Dianne 14 FT 9/15/1999 27.46 ** 5

711 DSS A6010 Caseworker 206 Parry, Anne Marie 14 FT 10/16/2009 22.52 N/A 1

712 DSS A6010 Caseworker 206 Rivers, Donna 14 FT 2/6/2006 26.94 * 5

713 DSS A6010 Caseworker 206 Ross, Deborah 14 FT 1/6/2003 26.94 * 5 9/23/2012 714 DSS A6010 Caseworker 206 Schifino, Kimberlee S. 14 FT 9/15/1997 27.46 ** 5 27.98***

715 DSS A6010 Caseworker 206 Schneider, Christina L. 14 FT 3/8/1999 27.46 ** 5

716 DSS A6010 Caseworker 206 Schwenzer, Lauren 14 FT 3/27/2008 23.49 N/A 2

717 DSS A6010 Caseworker 206 Stanley, Erin 14 FT 9/10/2003 26.94 * 5

718 DSS A6010 Caseworker 206 Thompson, Daniel R. 14 FT 1/12/1987 28.50 **** 5

719 DSS A6010 Caseworker 206 Turner, Susanne 14 FT 8/8/1988 28.50 **** 5

720 DSS A6010 Caseworker 206 Vonglis, Jean M. 14 FT 2/14/2000 27.46 ** 5 9/9/2012 721 DSS A6010 Caseworker 206 Weaver, Michelle 14 FT 9/2/1997 27.46 ** 5 27.98***

722 DSS A6010 Caseworker 206 Woodruff, Carol 14 FT 12/3/2001 27.46 ** 5

723 DSS A6010 Caseworker Trainee 207 vacant 13 FT N/A 18.19 N/A NH

724 DSS A6010 Clerk/Typist 604 Beckwith, Carla M. 2 FT 10/31/2011 11.48 N/A NH

725 DSS A6010 Clerk/Typist 604 Bostwick, Deborah 2 FT 10/13/2009 13.84 N/A 2

726 DSS A6010 Clerk/Typist 604 Cooley, Kerrin C. 2 FT 12/19/2011 11.48 N/A NH

727 DSS A6010 Clerk/Typist 604 Gavett, Elizabeth C. 2 FT 11/7/2011 11.48 N/A NH

728 DSS A6010 Clerk/Typist 604 LaPoma, Ashley 2 FT 4/25/2011 13.32 N/A 1

729 DSS A6010 Clerk/Typist 604 Reynolds, Gloria 2 FT 5/24/2010 13.84 N/A 2

730 DSS A6010 Clerk/Typist 604 Westfall, Renee 2 FT 11/15/1999 16.27 ** 5 Coordinator - Child 731 DSS A6010 Support Unit 285 Rawleigh, Ginny 15 FT 5/11/1981 30.25 **** 5

732 DSS A6010 Courier 832 Crawford, Colleen 5 FT 9/14/1984 18.31 **** 5

733 DSS A6010 Courier 832 Stanley , Darla 5 FT 9/11/1978 18.31 **** 5 Home Energy 734 DSS A6010 Assistance Examiner 608 Lauko, Penny 7 FT 10/15/2010 15.57 N/A 1 Housing Assistance 735 DSS A6311 Representative 610 Cox, Christina 12 FT 8/22/1980 24.88 **** 5 Housing Programs 736 DSS A6311 Coordinator 222 Swift, Ruth 15 FT 9/7/1982 30.25 **** 5 396 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Housing Programs 737 DSS A6010 Coordinator 222 Timm, Andrew 15 FT 4/23/2001 29.19 ** 5

738 DSS A6010 Legal Assistant 226 Bassett, Janis 13 FT 3/26/1984 26.67 **** 5 Mobile Work Crew 739 DSS A6010 Supervisor 326 Kirchhoff, Julie 10 FT 11/16/2009 17.39 N/A 1

740 DSS A6010 Principal Clerk 615 Nobles, Bambi 10 FT 12/1/1982 21.86 **** 5

741 DSS A6010 Principal Clerk 615 Sanderson, Sandra 10 FT 1/12/2004 20.66 * 5 Principal Social Welfare 742 DSS A6010 Examiner 236 Adamson, Donna 15 FT 1/9/1985 30.25 **** 5 Principal Social Welfare 743 DSS A6010 Examiner 236 Hally, Marilyn 15 FT 5/21/1979 30.25 **** 5 Principal Social Welfare 744 DSS A6010 Examiner 236 Hilderbrant, Marianne 15 FT 8/13/1984 30.25 **** 5 Principal Social Welfare 745 DSS A6010 Examiner 236 Mankoff, Howard 15 FT 2/1/1982 30.25 **** 5 Principal Social Welfare 746 DSS A6010 Examiner 236 Thompson, Tracy 15 FT 11/13/1989 28.27 **** 3

747 DSS A6010 Principal Typist 640 Ohle, Connie B. 10 FT 6/3/2011 17.39 N/A 1

748 DSS A6010 Principal Typist 640 Preston, Wendy 10 FT 8/28/1995 21.46 *** 5

749 DSS A6010 Senior Account Clerk 619 Cole, Linda 9 FT 10/11/1994 20.58 *** 5

750 DSS A6010 Senior Account Clerk 619 Knights, Barbara 9 FT 2/22/2010 17.44 N/A 2

751 DSS A6010 Senior Account Clerk 619 Loop, Joan 9 FT 9/16/1985 20.97 **** 5

752 DSS A6010 Senior Account Clerk 619 LoVerde, Francine 9 FT 6/9/1980 20.97 **** 5

753 DSS A6010 Senior Account Clerk 619 Merowsky, Patricia 9 FT 3/28/2001 20.19 ** 5

754 DSS A6010 Senior Account Clerk 619 Turybury, Becky 9 FT 8/20/1986 20.97 **** 5

755 DSS A6010 Senior Account Clerk 619 vacant 9 FT N/A 14.55 N/A NH

756 DSS A6010 Senior Account Clerk 619 vacant 9 FT N/A 14.55 N/A NH

757 DSS A6010 Senior Caseworker 245 Bourgoine, Jane 15 FT 9/11/1989 30.25 **** 5

758 DSS A6010 Senior Caseworker 245 Mankoff, Donna 15 FT 9/30/1985 30.25 **** 5

759 DSS A6010 Senior Caseworker 245 McCaughey, Tracy 15 FT 11/14/1994 29.72 *** 5

760 DSS A6010 Senior Caseworker 245 Morris, Gayla 15 FT 11/10/1980 30.25 **** 5

761 DSS A6010 Senior Caseworker 245 Rapp, Stephen M. 15 FT 12/19/1994 29.72 *** 5

762 DSS A6010 Senior Caseworker 245 Wall, Laura 15 FT 1/28/2005 28.66 * 5 11/18/2012 763 DSS A6010 Senior Clerk 622 Hagan, Joyce 7 FT 11/18/2002 18.36 * 5 18.73** Senior Social Welfare 764 DSS A6010 Examiner 624 Chasey, Donna 12 FT 5/31/1988 24.88 **** 5 Senior Social Welfare 765 DSS A6010 Examiner 624 Clark, Christine 12 FT 11/2/1979 24.88 **** 5 Senior Social Welfare 766 DSS A6010 Examiner 624 Fox, Debra 12 FT 1/3/1994 24.42 *** 5 Senior Social Welfare 767 DSS A6010 Examiner 624 Gleason, Linda 12 FT 2/9/2005 23.50 * 5 Senior Social Welfare 768 DSS A6010 Examiner 624 Marsh, Mary Ann 12 FT 3/2/1981 24.88 **** 5 DECEMBER 28, 2011 397

Senior Social Welfare 769 DSS A6010 Examiner 624 Wright, Robert 12 FT 2/1/1982 24.88 **** 5 Senior Support 5/6/2012 770 DSS A6010 Investigator 626 Sliker, Tammie 12 FT 5/6/2002 23.50 * 5 23.96**

771 DSS A6010 Senior Typist 627 Beardsley, Tina M. 7 FT 4/11/2000 18.73 ** 5

772 DSS A6010 Senior Typist 627 Chapman, Marguerite 7 FT 12/9/1985 19.47 **** 5

773 DSS A6010 Senior Typist 627 Chapman, Mary L. 7 FT 9/28/1987 19.47 **** 5

774 DSS A6010 Senior Typist 627 Curry, Johanna T. 7 FT 9/12/2005 17.75 * 4

775 DSS A6010 Senior Typist 627 Dieffenbacher, Claudia 7 FT 3/14/1978 19.47 **** 5

776 DSS A6010 Senior Typist 627 Gray, Nancy 7 FT 9/14/1987 19.47 **** 5

777 DSS A6010 Senior Typist 627 Harcleroad, Elaine 7 FT 11/13/1990 19.47 **** 5

778 DSS A6010 Senior Typist 627 Hughes, Rebecca A. 7 FT 4/3/1984 19.47 **** 5

779 DSS A6010 Senior Typist 627 Lockman, Meredith J. 7 FT 5/6/1998 18.73 ** 5

780 DSS A6010 Senior Typist 627 Muscato, Patricia 7 FT 2/19/1975 19.47 **** 5

781 DSS A6010 Senior Typist 627 Patrick, Debbie L. 7 FT 10/29/2001 18.73 ** 5

782 DSS A6311 Senior Typist 627 Seeley, Mary 7 FT 12/27/1999 18.73 ** 5

783 DSS A6010 Senior Typist 627 Spaulding, Heidi J. 7 FT 7/22/1996 19.10 *** 5

784 DSS A6010 Senior Typist 627 Strobel, Christine 7 FT 9/30/1985 19.47 **** 5

785 DSS A6010 Senior Typist 627 Weaver, Karen 7 FT 7/24/2006 18.36 * 5

786 DSS A6010 Senior Typist 627 vacant 7 FT N/A 13.44 N/A NH

787 DSS A6010 Social Welfare Examiner 631 Andrews, Lori 11 FT 3/26/2010 19.31 N/A 2

788 DSS A6010 Social Welfare Examiner 631 Beardsley, Deborah 11 FT 4/15/1991 23.20 **** 5

789 DSS A6010 Social Welfare Examiner 631 Canute, Jacqueline 11 FT 3/7/2005 21.97 * 5

790 DSS A6010 Social Welfare Examiner 631 Christiano, Paula 11 FT 4/25/1995 22.79 *** 5

791 DSS A6010 Social Welfare Examiner 631 Cimino, Nancy J. 11 FT 11/20/1995 22.79 *** 5

792 DSS A6010 Social Welfare Examiner 631 Clarke, Mary J. 11 FT 2/13/2006 21.22 * 4

793 DSS A6010 Social Welfare Examiner 631 Claud, Janet 11 FT 8/31/1987 23.20 **** 5 1/29/2012 794 DSS A6010 Social Welfare Examiner 631 Davis, Crystal A. 11 FT 1/23/2007 21.56 N/A 5 21.97*

795 DSS A6010 Social Welfare Examiner 631 DeMitry, Cathlyn 11 FT 8/31/1987 23.20 **** 5

796 DSS A6010 Social Welfare Examiner 631 Dutton, Barbara 11 FT 4/18/1990 23.20 **** 5

797 DSS A6010 Social Welfare Examiner 631 Erwin, Donna 11 FT 1/7/1980 23.20 **** 5

798 DSS A6010 Social Welfare Examiner 631 Hamilton, Aleta 11 FT 2/23/1987 23.20 **** 5

799 DSS A6010 Social Welfare Examiner 631 Hillier, Holley M. 11 FT 10/30/2000 22.38 ** 5

800 DSS A6010 Social Welfare Examiner 631 Hilyard, Malinda M. 11 FT 1/4/2009 20.06 N/A 3 398 REPORT OF THE SUPERVISORS’ PROCEEDINGS

801 DSS A6010 Social Welfare Examiner 631 Howell, Wendy 11 FT 5/24/1999 22.38 ** 5

802 DSS A6010 Social Welfare Examiner 631 Ladley, Susan 11 FT 1/4/1999 22.38 ** 5

803 DSS A6010 Social Welfare Examiner 631 LeFave, Michelle L. 11 FT 2/5/1999 22.38 ** 5 10/21/2012 804 DSS A6010 Social Welfare Examiner 631 Main, Brianne R. 11 FT 10/21/2002 21.97 * 5 22.38**

805 DSS A6010 Social Welfare Examiner 631 Myers, Vickey 11 FT 5/21/2007 21.56 N/A 5 6/3/2012 21.97*

806 DSS A6010 Social Welfare Examiner 631 Patrick, Jeanette 11 FT 10/30/1995 22.79 *** 5

807 DSS A6010 Social Welfare Examiner 631 Tonkery, Kelly J. 11 FT 1/11/1994 22.79 *** 5

808 DSS A6010 Social Welfare Examiner 631 Tubbs, Mary Jo 11 FT 10/27/1986 23.20 **** 5 8/26/2012 809 DSS A6010 Social Welfare Examiner 631 Watt, Jennifer 11 FT 8/20/2007 18.55 N/A 1 18.96* 1/15/2012 810 DSS A6010 Social Welfare Examiner 631 Wilkinson, Cara C. 11 FT 1/14/2002 21.97 * 5 22.38**

811 DSS A6010 Social Welfare Examiner 631 Williams, Dora M. 11 FT 6/20/1994 22.79 *** 5 Staff Development 812 DSS A6010 Coordinator 255 Davidson, Michele 16 FT 1/19/1981 32.10 **** 5 2/26/2012 813 DSS A6010 Support Investigator 632 Bartolotta, Elizabeth 11 FT 2/20/2007 21.56 N/A 5 21.97*

814 DSS A6010 Support Investigator 632 Carlin, Melody 11 FT 6/28/1996 23.20 **** 5

815 DSS A6010 Support Investigator 632 King, ReAnna 11 FT 4/11/2005 21.97 * 5

816 DSS A6010 Support Investigator 632 Quick, Jodel M. 11 FT 1/5/1998 22.38 ** 5 10/7/2012 817 DSS A6010 Support Investigator 632 Winters, Jeffrey 11 FT 9/24/2007 20.81 N/A 4 21.22*

818 DSS A6010 Telephone Operator 633 LoVerde, Brenelle L. 4 FT 6/20/2011 14.10 N/A 1

819 DSS A6010 Transportation Broker 346 Bentley, Denise 16 FT 4/23/1979 32.10 **** 5

820 TREA A1325 Account Clerk/Typist vacant 7 FT N/A 13.44 N/A NH

821 TREA A1325 Senior Account Clerk 619 Gardner, Patricia A. 9 FT 6/6/1988 20.97 **** 5

822 TREA A1325 Senior Account Clerk 619 Giglio, Nancy S. 9 FT 3/1/2010 17.44 N/A 2 Senior Account 823 TREA A1325 Clerk/Typist 621 Gilbert, Catherine M. 9 FT 9/21/2009 17.44 N/A 2 Senior Account 824 TREA A1325 Clerk/Typist 621 Mark, Sharon 9 FT 4/25/1988 20.97 **** 5 Senior Account 3/11/2012 825 TREA A1325 Clerk/Typist 621 Rauber, Beverly J. 9 FT 3/11/2002 19.80 * 5 20.19**

826 WDS J6292 Account Clerk/Typist 601 Morris, Sandra J. 7 FT 2/2/2011 15.57 N/A 1

827 WDS J6292 Account Clerk/Typist 601 vacant 7 FT N/A 13.44 N/A NH Employment & Training 828 WDS J6292 Counselor 219 Guldenschuh, Mary L. 13 FT 6/28/2010 22.01 N/A 2 Employment & Training 829 WDS J6292 Counselor 219 Jaeger, John C. 13 FT 11/13/2000 25.69 ** 5 Employment & Training 12/2/2012 830 WDS J6292 Counselor 219 Terry, Helen P. 13 FT 12/1/1997 25.69 ** 5 26.18*** Employment & Training 831 WDS J6292 Counselor 219 vacant 13 FT N/A 18.19 N/A NH

832 WDS J6292 Senior Account Clerk 619 Langless, Kristine 9 FT 9/15/2003 19.80 * 5 DECEMBER 28, 2011 399

Workforce Development 833 WDS J6292 Assistant 629 VanAuken, Sheila M. 10 FT 4/5/2010 18.10 N/A 2 Workforce Development Services/Youth Bureau 834 WDS J6290 Coord. 143 Hawkins, Nita Rae 15 FT 10/2/2000 29.19 ** 5

835 AGIN A6781 Account Clerk 642 vacant N/A PT N/A N/A N/A N/A

836 AGIN A6774 Cleaner 804 Glenn, Robert L. N/A PT 10/6/2003 9.27 *(6) N/A

837 AGIN A6774 Cleaner 804 vacant N/A PT N/A 7.25 N/A N/A

838 AGIN A6774 Courier 832 Barager, Neil N/A PT 4/1/1994 11.52 *(9) N/A

839 AGIN A6778 Courier 832 Carnes, Thomas J. N/A sub 11/3/2009 7.52 N/A N/A

840 AGIN A6774 Courier 832 Christenson, Gary N/A PT 7/2/2008 8.44 *(2) N/A

841 AGIN A6774 Courier 832 Csont, Sandra N/A sub 6/18/2007 7.96 N/A N/A

842 AGIN A6778 Courier 832 Eck, Russell N/A sub 10/12/2009 7.96 N/A N/A

843 AGIN A6774 Courier 832 Gallagher, Frank N/A PT 7/26/2010 7.41 N/A N/A

844 AGIN A6778 Courier 832 Giaver, Lynne N/A PT 12/22/2003 9.49 *(7) N/A

845 AGIN A6774 Courier 832 Henry, Nancy L. N/A PT 10/30/2009 7.82 *(1) N/A

846 AGIN A6774 Courier 832 vacant N/A sub N/A 7.25 N/A N/A

847 AGIN A6774 Courier 832 vacant N/A sub N/A 7.25 N/A N/A

848 AGIN A6774 Courier 832 vacant N/A sub N/A 7.25 N/A N/A

849 AGIN A6774 Courier 832 vacant N/A sub N/A 7.25 N/A N/A

850 AGIN A6774 Food Service Helper 809 Wolfanger, Jean N/A PT 9/12/2005 9.33 *(5) N/A

851 AGIN A6774 Food Service Helper 809 Wolfe, Trisha N/A PT 6/21/2010 7.41 N/A N/A

852 AGIN A6774 Food Service Helper 809 vacant N/A PT N/A 7.25 N/A N/A Foster Grandparent 853 AGIN A6781 Assistant 295 Jones, Margaret C. N/A PT 7/25/1994 15.43 *(9) N/A

854 AGIN A6774 SNP Site Manager 409 Bowers, Irene S. N/A sub 9/1/1998 7.96 N/A N/A

855 AGIN A6774 SNP Site Manager 409 Ebert, Joyce C. N/A sub 2/23/2009 7.52 N/A N/A

856 AGIN A6774 SNP Site Manager 409 Santangelo, Marchia L. N/A PT 8/15/2011 7.96 N/A N/A

857 AGIN A6774 SNP Site Manager 409 Torregiano, Barbara R. N/A PT 4/1/1994 10.83 *(9) N/A

858 AGIN A6774 SNP Site Manager 409 vacant N/A PT N/A N/A N/A N/A Specksgoor, Jacqueline 859 AGIN A6773 Typist 634 L. N/A PT 11/17/2008 11.99 *(2) N/A

860 AGIN A6780 Typist 634 vacant N/A PT N/A N/A N/A N/A Elections Operations 861 BOE A1450 Specialist 339 Manning, Michael T. N/A PT 5/6/2010 20.42 N/A N/A Elections Operations 862 BOE A1450 Specialist 339 Orlando, Frank N/A PT 8/27/2010 20.42 N/A N/A

863 CNR E6120 Activities Aide 500 Black, Katherine 4 PT 6/19/2006 12.59 *(2) N/A

864 CNR E6120 Activities Aide 500 Gamper, Sandra 4 PT 6/12/2006 13.25 *(5) N/A 400 REPORT OF THE SUPERVISORS’ PROCEEDINGS

865 CNR E6120 Activities Aide 500 Garwood, Josie 4 PT 11/5/2007 12.81 *(3) N/A

866 CNR E6120 Activities Aide 500 LoVerde, Nickie 4 PT 6/12/2006 13.03 *(4) N/A

867 CNR E6120 Activities Aide 500 Rowlinson, Kelly 4 PT 11/5/2007 12.81 *(3) N/A Certified Occupational 868 CNR E6120 Therapy Assistant 334 vacant 11 PT N/A 15.98 N/A N/A Certified Occupational 869 CNR E6120 Therapy Assistant 334 vacant 11 PT N/A 15.98 N/A N/A

870 CNR E6120 Charge Nurse 208 Ozzello, Carolyn M. 18B PD 6/4/2005 28.06 N/A N/A

871 CNR E6120 Charge Nurse 208 Palmer, Jacqueline 17A PT 11/17/2008 25.02 *(2) N/A

872 CNR E6120 Charge Nurse 208 Schmidt, Judy 18B PD 4/5/2010 28.06 N/A N/A

873 CNR E6120 Charge Nurse 208 Whitney, Dolores 18B PD 1/3/2005 28.06 N/A N/A

874 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

875 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

876 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

877 CNR E6120 Charge Nurse 208 vacant 18B PT N/A 28.06 N/A N/A

878 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

879 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

880 CNR E6120 Charge Nurse 208 vacant 18B PT N/A 28.06 N/A N/A

881 CNR E6120 Charge Nurse 208 vacant 18B PD N/A 28.06 N/A N/A

882 CNR E6120 Clerk/Typist 604 Basar, Lois 2 PT 12/7/2010 11.45 N/A N/A

883 CNR E6120 Laundry Worker 812 Forbes, Cathy 3 PT 7/8/2008 12.20 *(1) N/A

884 CNR E6120 Laundry Worker 812 Hearn, Jennifer 3 PT 8/27/1998 13.96 *(9) N/A

885 CNR E6120 Laundry Worker 812 LaFever, Candace 3 PT 11/2/2009 12.20 *(1) N/A

886 CNR E6120 Laundry Worker 812 Rowan, Jessica 3 PT 6/3/2009 12.20 *(1) N/A

887 CNR E6120 Laundry Worker 812 Scott, Kathy A. 3 PT 11/16/2009 12.20 *(1) N/A

888 CNR E6120 Laundry Worker 812 Swearingen, Cherie 3 PT 6/5/2006 13.08 *(5) N/A

889 CNR E6120 Laundry Worker 812 Taft, Jean 3 PT 5/12/2009 12.20 *(1) N/A

890 CNR E6120 Licensed Practical Nurse 302 Ayers, Deborah 16A PD 4/18/2011 22.70 N/A N/A

891 CNR E6120 Licensed Practical Nurse 302 Bakowski, Tanya 16A PT 3/29/2010 22.70 N/A N/A

892 CNR E6120 Licensed Practical Nurse 302 Barrett, Leia M. 16A PT 4/11/2011 22.70 N/A N/A

893 CNR E6120 Licensed Practical Nurse 302 Brisbane, Jessica 16A PD 2/2/2009 22.70 N/A N/A

894 CNR E6120 Licensed Practical Nurse 302 Brown, Deanne 16A PT 8/4/1991 24.78 *(9) N/A

895 CNR E6120 Licensed Practical Nurse 302 Brundege, Elyn A. 16A PT 11/27/1995 24.78 *(9) N/A

896 CNR E6120 Licensed Practical Nurse 302 Burnett, Jennifer 16A PD 5/31/2011 22.70 N/A N/A DECEMBER 28, 2011 401

897 CNR E6120 Licensed Practical Nurse 302 Clark, Linda 16A PT 12/27/2010 22.70 N/A N/A

898 CNR E6120 Licensed Practical Nurse 302 Cropo, Rachel 16A PT 2/22/2011 22.70 N/A N/A

899 CNR E6120 Licensed Practical Nurse 302 Dale, Samantha L. 16A PD 6/20/2011 22.70 N/A N/A

900 CNR E6120 Licensed Practical Nurse 302 Denby, Pamela S. 16A PT 8/29/2011 22.70 N/A N/A

901 CNR E6120 Licensed Practical Nurse 302 Deuel, Tammy H. 16A PT 11/2/2009 22.70 N/A N/A

902 CNR E6120 Licensed Practical Nurse 302 Fox, Sheila 16A PD 6/4/2007 22.70 N/A N/A

903 CNR E6120 Licensed Practical Nurse 302 Herkimer, Bethany 13A PT 6/25/2007 19.77 *(2) N/A

904 CNR E6120 Licensed Practical Nurse 302 Liberti, Mary E. 16A PD 11/2/2009 22.70 N/A N/A

905 CNR E6120 Licensed Practical Nurse 302 Link, Robin 16A PT 7/21/2008 23.02 *(1) N/A

906 CNR E6120 Licensed Practical Nurse 302 Ludlow, Sarina 16A PD 5/29/1996 22.70 N/A N/A

907 CNR E6120 Licensed Practical Nurse 302 Nickerson, Arlene L. 16A PD 11/7/2011 22.70 N/A N/A

908 CNR E6120 Licensed Practical Nurse 302 Norton, Jessica 16A PD 8/24/2009 22.70 N/A N/A

909 CNR E6120 Licensed Practical Nurse 302 Oakley, Heather 16A PT 3/8/2010 22.70 N/A N/A

910 CNR E6120 Licensed Practical Nurse 302 Price, Melissa 16A PT 11/1/2009 23.24 *(2) N/A

911 CNR E6120 Licensed Practical Nurse 302 Rapone, Robin 16A PD 1/24/2011 22.70 N/A N/A

912 CNR E6120 Licensed Practical Nurse 302 Robb, Michele 16A PT 11/16/2009 23.02 *(1) N/A

913 CNR E6120 Licensed Practical Nurse 302 Rolison, Lisa 16A PD 12/28/2005 22.70 N/A N/A

914 CNR E6120 Licensed Practical Nurse 302 Ruch, Jessica Y. 16A PD 11/7/2011 22.70 N/A N/A

915 CNR E6120 Licensed Practical Nurse 302 Sawyer, Megan 16A PT 11/13/2007 23.46 *(3) N/A

916 CNR E6120 Licensed Practical Nurse 302 Spaeth, Gabriella 16A PT 8/25/2003 24.34 *(7) N/A

917 CNR E6120 Licensed Practical Nurse 302 Steiner, Laura 16A PD 11/7/2011 22.70 N/A N/A

918 CNR E6120 Licensed Practical Nurse 302 Tiede-Allen, Kimberley 16A PT 4/26/2010 22.70 N/A N/A

919 CNR E6120 Licensed Practical Nurse 302 Voss, Lisa 16A PT 5/6/2005 23.68 *(4) N/A

920 CNR E6120 Licensed Practical Nurse 302 Wellman, Karen 16A PT 6/24/2004 24.34 *(7) N/A

921 CNR E6120 Licensed Practical Nurse 302 Wendt, Cassandra 16A PD 3/3/2008 22.70 N/A N/A

922 CNR E6120 Licensed Practical Nurse 302 Wetmore, Gina M. 16A PD 7/18/2011 22.70 N/A N/A

923 CNR E6120 Licensed Practical Nurse 302 vacant 16A PT N/A 22.70 N/A N/A

924 CNR E6120 Licensed Practical Nurse 302 vacant 16A PD N/A 22.70 N/A N/A

925 CNR E6120 Licensed Practical Nurse 302 vacant 16A PD N/A 22.70 N/A N/A

926 CNR E6120 Licensed Practical Nurse 302 vacant 16A PT N/A 22.70 N/A N/A

927 CNR E6120 Licensed Practical Nurse 302 vacant 16A PD N/A 22.70 N/A N/A

928 CNR E6120 Licensed Practical Nurse 302 vacant 16A PD N/A 22.70 N/A N/A 402 REPORT OF THE SUPERVISORS’ PROCEEDINGS

929 CNR E6120 Licensed Practical Nurse 302 vacant 16A PD N/A 22.70 N/A N/A

930 CNR E6120 Licensed Practical Nurse 302 vacant 16A PT N/A 22.70 N/A N/A

931 CNR E6120 Neighborhood Assistant 838 Ameigh, Wendy 2 PT 5/31/2011 11.45 N/A N/A

932 CNR E6120 Neighborhood Assistant 838 Bedard, Kristen 2 PT 5/16/2011 11.45 N/A N/A

933 CNR E6120 Neighborhood Assistant 838 Crandall, Valerie L. 2 PT 4/28/2008 11.99 *(2) N/A

934 CNR E6120 Neighborhood Assistant 838 DeWeese, Kathleen 2 PT 6/15/2009 11.99 *(2) N/A

935 CNR E6120 Neighborhood Assistant 838 Emond, Sarah 2 PT 6/13/2011 11.45 N/A N/A

936 CNR E6120 Neighborhood Assistant 838 Fidell, Tanya 2 PT 4/26/2010 11.77 *(1) N/A

937 CNR E6120 Neighborhood Assistant 838 Flint, David 2 PT 4/25/2011 11.45 N/A N/A

938 CNR E6120 Neighborhood Assistant 838 Hall, Adele 2 PT 2/28/2011 11.45 N/A N/A

939 CNR E6120 Neighborhood Assistant 838 Hanglow, Kelly 2 PT 3/1/2010 11.77 *(1) N/A

940 CNR E6120 Neighborhood Assistant 838 Hooker, Rebecca 2 PT 12/14/2011 11.45 N/A N/A

941 CNR E6120 Neighborhood Assistant 838 Kemp, Christina 2 PT 4/18/2011 11.45 N/A N/A

942 CNR E6120 Neighborhood Assistant 838 Leach, Virginia 2 PT 12/7/2010 11.45 N/A N/A

943 CNR E6120 Neighborhood Assistant 838 Loncao, Shandi 2 PT 2/28/2011 11.45 N/A N/A

944 CNR E6120 Neighborhood Assistant 838 Loscombe, Katrina 2 PT 11/21/2005 12.65 *(5) N/A

945 CNR E6120 Neighborhood Assistant 838 Mann, Rebecca 2 PT 6/8/2010 11.77 *(1) N/A

946 CNR E6120 Neighborhood Assistant 838 Picarro, Patricia A. 2 PT 9/19/2011 11.45 N/A N/A

947 CNR E6120 Neighborhood Assistant 838 Pukas, Toby 2 PT 4/4/1994 13.53 *(9) N/A

948 CNR E6120 Neighborhood Assistant 838 Rowan, Travis 2 PT 12/5/2011 11.45 N/A N/A

949 CNR E6120 Neighborhood Assistant 838 Tallman, Debra 2 PT 2/28/2011 11.45 N/A N/A

950 CNR E6120 Neighborhood Assistant 838 West, Sarah 2 PT 12/14/2011 11.45 N/A N/A

951 CNR E6120 Neighborhood Assistant 838 vacant 2 PT N/A 11.45 N/A N/A

952 CNR E6120 Neighborhood Assistant 838 vacant 2 PT N/A 11.45 n/A N/A

953 CNR E6120 Neighborhood Assistant 838 vacant 2 PT N/A 11.45 N/A N/A

954 CNR E6120 Neighborhood Assistant 838 vacant 2 PT N/A 11.45 N/A N/A

955 CNR E6120 Neighborhood Assistant 838 vacant 2 PT N/A 11.45 N/A N/A

956 CNR E6120 Nursing Assistant 505 Baker, Lauren 4A PT 5/25/2003 16.33 N/A 5

957 CNR E6120 Nursing Assistant 505 Barnhart, Alicia A. 4A PD 9/19/2011 13.38 N/A B

958 CNR E6120 Nursing Assistant 505 Barnhart, Angel 4A PT 8/29/2011 13.38 N/A B

959 CNR E6120 Nursing Assistant 505 Barnhart, Casara R. 4A PT 9/6/2011 13.38 N/A B

960 CNR E6120 Nursing Assistant 505 Bauer, Milton 4A PD 8/4/2003 16.33 N/A 5 DECEMBER 28, 2011 403

961 CNR E6120 Nursing Assistant 505 Bonadonna, Heather 4A PD 4/16/2007 15.73 N/A 4

962 CNR E6120 Nursing Assistant 505 Bugman, Amy 4A PD 3/3/2008 14.61 N/A 2

963 CNR E6120 Nursing Assistant 505 Cartwright, Natasha 4A PT 1/9/2008 15.23 N/A 3

964 CNR E6120 Nursing Assistant 505 Crawford, Dawn 4A PT 7/21/2008 14.07 N/A 1

965 CNR E6120 Nursing Assistant 505 Dalcin, Chelsey 4A PT 7/11/2011 13.38 N/A B

966 CNR E6120 Nursing Assistant 505 Davis, Jennifer 4A PD 8/31/2009 14.61 N/A 2

967 CNR E6120 Nursing Assistant 505 Diaz, Aida 4A PT 7/2/2007 15.73 N/A 4

968 CNR E6120 Nursing Assistant 505 Gallant, Andrew 4A PD 11/16/2009 14.61 N/A 2

969 CNR E6120 Nursing Assistant 505 Gallant, Patricia 4A PT 10/6/2008 15.23 N/A 3

970 CNR E6120 Nursing Assistant 505 Gaulin, Kelly 4A PT 12/1/2011 13.38 N/A B

971 CNR E6120 Nursing Assistant 505 Gillespie, Darlene 4A PT 11/16/2009 14.61 N/A 2

972 CNR E6120 Nursing Assistant 505 Green, Adam 4A PT 4/18/2011 13.38 N/A B

973 CNR E6120 Nursing Assistant 505 Grover, Natosha 4A PT 6/25/2007 15.23 N/A 3

974 CNR E6120 Nursing Assistant 505 Guarino, Ariel 4A PT 5/4/2010 14.07 N/A 1

975 CNR E6120 Nursing Assistant 505 Johnson, Heather 4A PD 10/29/2007 15.73 N/A 4

976 CNR E6120 Nursing Assistant 505 Johnson, Knichole 4A PD 11/14/2008 15.23 N/A 3

977 CNR E6120 Nursing Assistant 505 Lawson, Amy 4A PD 10/27/2010 14.07 N/A 1

978 CNR E6120 Nursing Assistant 505 Lawton, Rita 4A PD 9/18/2006 15.23 N/A 3

979 CNR E6120 Nursing Assistant 505 Macomber, Timothy 4A PD 10/1/2011 16.33 N/A 5

980 CNR E6120 Nursing Assistant 505 Marble, Katrina 4A PT 6/22/2007 15.73 N/A 4

981 CNR E6120 Nursing Assistant 505 Mark, Wendy 4A PT 4/18/2011 13.38 N/A B

982 CNR E6120 Nursing Assistant 505 Martin, Kayla 4A PD 6/2/2009 14.61 N/A 2

983 CNR E6120 Nursing Assistant 505 McWilliams, Ashley 4A PD 11/1/2011 13.38 N/A B

984 CNR E6120 Nursing Assistant 505 Mott, Roberta 4A PT 7/11/2011 13.38 N/A B

985 CNR E6120 Nursing Assistant 505 Nelson, Megan 4A PT 8/29/2011 13.38 N/A B

986 CNR E6120 Nursing Assistant 505 Norton, Kelli 4A PT 10/1/2009 15.73 N/A 4

987 CNR E6120 Nursing Assistant 505 Patanella, Timothy 4A PD 8/1/2008 16.33 N/A 5

988 CNR E6120 Nursing Assistant 505 Perkins, Laura-Sue A. 4A PD 10/27/2010 14.07 N/A 1

989 CNR E6120 Nursing Assistant 505 Pierce, Stephanie 4A PD 7/26/2010 14.07 N/A 1

990 CNR E6120 Nursing Assistant 505 Prince, Ashley M. 4A PT 12/5/2011 12.05 N/A NH

991 CNR E6120 Nursing Assistant 505 Rogers, Cassandra 4A PD 8/1/2011 15.23 N/A 3

992 CNR E6120 Nursing Assistant 505 Rookey, Brandy L. 4A PT 11/21/2011 12.05 N/A NH 404 REPORT OF THE SUPERVISORS’ PROCEEDINGS

993 CNR E6120 Nursing Assistant 505 Sackett, Christina 4A PD 3/23/2009 14.61 N/A 2

994 CNR E6120 Nursing Assistant 505 Schillinger, Lisa 4A PT 1/14/2000 14.61 N/A 2

995 CNR E6120 Nursing Assistant 505 Simmons, Jessie D. 4A PD 8/29/2011 13.38 N/A B

996 CNR E6120 Nursing Assistant 505 Smalt, III, Joseph 4A PT 7/11/2011 13.38 N/A B

997 CNR E6120 Nursing Assistant 505 Smith, Trina S. 4A PD 10/9/2009 14.61 N/A 2

998 CNR E6120 Nursing Assistant 505 Stevenson, III, James 4A PD 7/11/2011 13.38 N/A B

999 CNR E6120 Nursing Assistant 505 Stuart, Melissa A. 4A PD 4/18/2011 13.38 N/A B

1000 CNR E6120 Nursing Assistant 505 Szlapak, Racheal 4A PD 3/21/2011 13.38 N/A B

1001 CNR E6120 Nursing Assistant 505 Teeter, Wendy L. 4A PD 3/12/2006 16.33 N/A 5 VanDerwerken, 1002 CNR E6120 Nursing Assistant 505 Barbara 4A PT 4/27/1993 16.33 N/A 5

1003 CNR E6120 Nursing Assistant 505 Vondell, Brenda 4A PT 2/7/2000 16.33 N/A 5

1004 CNR E6120 Nursing Assistant 505 Voss, Brenda 4A PT 4/1/2008 15.23 N/A 3

1005 CNR E6120 Nursing Assistant 505 Willett, Stormee 4A PT 10/16/2006 16.33 N/A 5

1006 CNR E6120 Nursing Assistant 505 Willis, June 4A PT 10/17/2005 16.33 N/A 5

1007 CNR E6120 Nursing Assistant 505 Wright, Justin H. 4A PT 7/18/2011 13.38 N/A B

1008 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1009 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1010 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1011 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1012 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1013 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1014 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1015 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1016 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1017 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1018 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1019 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1020 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1021 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1022 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1023 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1024 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH DECEMBER 28, 2011 405

1025 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1026 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1027 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1028 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1029 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1030 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1031 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1032 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1033 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1034 CNR E6120 Nursing Assistant 505 vacant 4A PT N/A 12.05 N/A NH

1035 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1036 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A 4

1037 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1038 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1039 CNR E6120 Nursing Assistant 505 Vacant 4A PT N/A 12.05 N/A NH

1040 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1041 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1042 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1043 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1044 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1045 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1046 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1047 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1048 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1049 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1050 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1051 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1052 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1053 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1054 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1055 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1056 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH 406 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1057 CNR E6120 Nursing Assistant 505 vacant 4A PD N/A 12.05 N/A NH

1058 CNR E6120 Occupational Therapist 270 Drake, Katherine M. 17B PT 7/28/2008 37.30 N/A N/A

1059 CNR E6120 Occupational Therapist 270 vacant 17B PT N/A 23.84 N/A N/A

1060 CNR E6120 Personal Care Assistant 510 Andrews, Rose 1 PT 1/28/2008 9.33 *(2) N/A

1061 CNR E6120 Personal Care Assistant 510 Argenna, Kaylee 1 PT 6/25/2007 8.79 N/A N/A

1062 CNR E6120 Personal Care Assistant 510 Hadley, Kristen A. 1 PT 11/17/2008 8.79 N/A N/A

1063 CNR E6120 Personal Care Assistant 510 Miceli, Autumn 1 PT 6/15/2009 8.79 N/A N/A

1064 CNR E6120 Personal Care Assistant 510 Miceli, Karen 1 PT 10/30/2006 9.77 *(4) N/A

1065 CNR E6120 Personal Care Assistant 510 Ortiz-Perez, Norbert 1 PT 9/30/2008 9.33 *(2) N/A

1066 CNR E6120 Personal Care Assistant 510 Paddock, Barbara 1 PT 2/13/2006 9.77 *(4) N/A

1067 CNR E6120 Personal Care Assistant 510 Rankin, Mary 1 PT 4/29/2004 10.43 *(7) N/A

1068 CNR E6120 Personal Care Assistant 510 Zatkiewicz, Daniel 1 PT 4/14/2008 9.33 *(1) N/A

1069 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1070 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1071 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1072 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1073 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1074 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1075 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1076 CNR E6120 Personal Care Assistant 510 vacant 1 PT N/A 8.79 N/A N/A

1077 CNR E6120 Physical Therapist 233 vacant 17B PT N/A 23.84 N/A N/A

1078 CNR E6120 Physical Therapist 233 vacant 17B PT N/A 23.84 N/A N/A Registered Professional 1079 CNR E6120 Nurse 242 Berger, Steven L. 18A PD 11/21/2011 26.26 N/A N/A Registered Professional 1080 CNR E6120 Nurse 242 Hawes, Harold W. 18A PD 11/29/2011 26.26 N/A N/A Registered Professional 1081 CNR E6120 Nurse 242 Johnson, Megan A. 18A PD 10/24/2011 26.26 N/A N/A Registered Professional 1082 CNR E6120 Nurse 242 Martello, Marie A. 18A PT 4/12/2000 26.26 N/A N/A Registered Professional 1083 CNR E6120 Nurse 242 vacant 18A PD N/A 26.26 N/A N/A Registered Professional 1084 CNR E6120 Nurse 242 vacant 18A PD N/A 26.26 N/A N/A Registered Professional 1085 CNR E6120 Nurse 242 vacant 18A PT N/A 26.26 N/A N/A Registered Professional 1086 CNR E6120 Nurse 242 vacant 18A PT N/A 26.26 N/A N/A Registered Professional 1087 CNR E6120 Nurse 242 vacant 18A PT N/A 26.26 N/A N/A

1088 CNR E6120 Speech Pathologist 344 Schofield, Carolyn 17B PT 5/13/2011 35.35 N/A N/A DECEMBER 28, 2011 407

1089 CNR E6120 Speech Pathologist 344 vacant 17B PT N/A 23.84 N/A N/A

1090 CNR E6120 Telephone Operator 633 Gehrig, Cathie W. 4 PT 1/16/2006 13.25 *(5) N/A

1091 CNR E6120 Telephone Operator 633 Hill, Pammi 4 PT 1/18/2011 12.05 N/A N/A

1092 CNR E6120 Telephone Operator 633 Sobel, Marie 4 PT 10/6/2009 12.05 N/A N/A Building Maintenance 1093 CS E6120 Person 801 Case, Kevin 7 PT 8/30/2004 14.82 *(6) N/A

1094 CS A1620 Custodial Worker 805 Truelson, Richard 3 PT 9/7/2010 11.88 N/A N/A

1095 CS A1610 Laborer 820 vacant N/A seas N/A 10.47 N/A N/A

1096 CS A1630 Laborer 820 vacant N/A seas N/A 10.47 N/A N/A

1097 CS A1610 Laborer 820 vacant N/A seas N/A 10.47 N/A N/A

1098 CS A1610 Laborer 820 vacant N/A seas N/A 10.47 N/A N/A

1099 CS A1610 Laborer 820 vacant N/A seas N/A 10.47 N/A N/A

1100 CLER A1665 Index Clerk 611 vacant N/A PT N/A N/A N/A N/A Advanced Life Support 1101 DOH A4014 Technician 277 Bailey, Donna N/A PT 8/23/2004 17.92 N/A N/A Advanced Life Support 1102 DOH A4014 Technician 277 Beardsley, Melanie S. N/A PT 3/11/2005 18.24 *(1) N/A Advanced Life Support 1103 DOH A4014 Technician 277 Bennett, Edward N/A PT 8/23/2004 18.90 *(4) N/A Advanced Life Support 1104 DOH A4014 Technician 277 Camacho Jr., Hector N/A PT 8/2/2004 19.34 *(6) N/A Advanced Life Support 1105 DOH A4014 Technician 277 Cook, Alexander N/A PT 12/20/2011 17.92 N/A N/A Advanced Life Support 1106 DOH A4014 Technician 277 Fox, Jeremie N/A PT 4/28/2005 19.12 *(5) N/A Advanced Life Support 1107 DOH A4014 Technician 277 Hanshaw, Raymond N/A PT 3/28/2007 18.90 *(4) N/A Advanced Life Support 1108 DOH A4014 Technician 277 Henry, Rebecca N/A PT 8/1/2004 19.34 *(6) N/A Advanced Life Support 1109 DOH A4014 Technician 277 Kirchoff, Rommel N/A PT 3/15/2007 18.90 *(4) N/A Advanced Life Support 1110 DOH A4014 Technician 277 Loomis, Gary N/A PT 12/4/2009 18.24 *(1) N/A Advanced Life Support 1111 DOH A4014 Technician 277 Manzo, Francis N/A PT 8/14/2009 17.92 N/A N/A Advanced Life Support 1112 DOH A4014 Technician 277 McKinley, Bryan Lee N/A PT 11/5/2011 17.92 N/A N/A Advanced Life Support 1113 DOH A4014 Technician 277 Pomilio, Marcus A. N/A PT 11/20/2009 18.24 *(1) N/A Advanced Life Support 1114 DOH A4014 Technician 277 Regoni, Nicholas N/A PT 8/6/2004 19.34 *(6) N/A Advanced Life Support 1115 DOH A4014 Technician 277 Sparks, Robert M. N/A PT 12/20/2011 17.92 N/A N/A Advanced Life Support 1116 DOH A4014 Technician 277 Tinelli, Samuel D. N/A PT 9/12/2011 17.92 N/A N/A Advanced Life Support 1117 DOH A4014 Technician 277 Wilkinson, Joanne N/A PT 8/1/2004 19.34 *(6) N/A Advanced Life Support 1118 DOH A4014 Technician 277 Yount Jr., Eugene N/A PT 8/25/2008 18.46 *(2) N/A Advanced Life Support 1119 DOH A4014 Technician 277 Yount, Terrance N/A PT 3/12/2007 18.68 *(3) N/A Assistant Dog Control 1120 DOH A3510 Officer 400 Davis, Crystal S. 1B PT 11/22/2004 12.78 *(6) N/A 408 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1121 DOH A4036 Caseworker 206 Dudley, Brian 14 PT 7/20/2009 19.71 *(1) N/A

1122 DOH A4036 Caseworker 206 Sackett, Marian J. 14 PT 2/24/1997 21.47 *(9) N/A

1123 DOH A4010 Clerk 603 vacant 2 PT N/A 11.45 N/A N/A

1124 DOH A4010 Clerk/Typist 604 Kennell, Marian S. 2 PT 4/28/1997 13.53 *(9) N/A

1125 DOH A4010 Clerk/Typist 604 McMaster, Vicki J. 2 PT 11/28/2011 11.45 N/A N/A

1126 DOH A4035 Clerk/Typist 604 O'Brien, Suzanne M. 2 PT 12/2/2008 11.99 *(2) N/A

1127 DOH A4035 Clerk/Typist 604 vacant 2 PT N/A 11.45 N/A N/A

1128 DOH A4095 Clinical Aide 501 Ballard, Marcia L. 4 PT 2/12/2007 13.03 *(4) N/A

1129 DOH A4082 Clinical Aide 501 Gates, Donna M. 4 PT 12/2/2008 12.59 *(2) N/A

1130 DOH A4035 Clinical Aide 501 Magee, Kathleen 4 PT 5/31/2006 12.05 N/A N/A

1131 DOH A4082 Clinical Aide 501 Sink, Susan 4 PT 6/21/2005 12.59 *(2) N/A

1132 DOH A4010 Clinical Aide 501 Swain, Alison D. 4 PT 4/16/2007 12.59 *(2) N/A Emergency Medical 1133 DOH A4015 Technician 311 Carpenter, Sandra N/A PT 2/9/2011 11.98 N/A N/A Emergency Medical 1134 DOH A4015 Technician 311 Cohen, Gideon N/A PT 7/14/2011 11.98 N/A N/A Emergency Medical 1135 DOH A4015 Technician 311 Collister, John S. N/A PT 3/1/2011 11.98 N/A N/A Emergency Medical 1136 DOH A4015 Technician 311 Magee, Leslie N/A PT 3/1/2011 11.98 N/A N/A Emergency Medical 1137 DOH A4015 Technician 311 Mandell, Dustin N/A PT 9/12/2011 11.98 N/A N/A Emergency Medical 1138 DOH A4015 Technician 311 McKinley, Eric N/A PT 2/9/2011 11.98 N/A N/A Emergency Medical 1139 DOH A4015 Technician 311 Milne, Cristian N/A PT 9/12/2011 11.98 N/A N/A Emergency Medical 1140 DOH A4015 Technician 311 Wischnowski, Laura B. N/A PT 3/1/2011 11.98 N/A N/A Emergency Medical 1141 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1142 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1143 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1144 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1145 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1146 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1147 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1148 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1149 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1150 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1151 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A Emergency Medical 1152 DOH A4015 Technician 311 vacant N/A PT N/A 11.98 N/A N/A DECEMBER 28, 2011 409

1153 DOH A4083 Home Health Aide 502 Bush, Kim M. 4 PT 6/22/2009 12.37 *(1) N/A

1154 DOH A4010 Home Health Aide 502 Coughlin, Moira K. 4 PT 2/11/2011 12.05 N/A N/A

1155 DOH A4010 Home Health Aide 502 Gorton, Martha 4 PT 7/29/2009 12.05 N/A N/A

1156 DOH A4010 Home Health Aide 502 Hamilton, Catherine 4 PT 12/10/1999 14.13 *(9) N/A

1157 DOH A4010 Home Health Aide 502 Oakes, Patricia A. 4 PT 1/7/2011 12.05 N/A N/A

1158 DOH A4083 Home Health Aide 502 Phillips, Monica L. 4 PT 8/22/2008 12.59 *(2) N/A

1159 DOH A4010 Home Health Aide 502 Pierce, Dorothy 4 PT 12/3/2001 14.13 *(9) N/A Preston-Gregor, 1160 DOH A4083 Home Health Aide 502 Jacqueline 4 PT 11/1/2005 12.37 *(1) N/A

1161 DOH A4010 Home Health Aide 502 Stokoe, Sharon Ruth 4 PT 8/11/2011 12.05 N/A N/A

1162 DOH A4083 Home Health Aide 502 Vonglis, Loraine 4 PT 11/15/2007 12.37 *(1) N/A

1163 DOH A4083 Home Health Aide 502 Young, Stephen J. 4 PT 10/3/1997 14.13 *(9) N/A

1164 DOH A4010 Home Health Aide 502 vacant 4 PT N/A 12.05 N/A N/A HOSPICE Volunteer 1165 DOH A4083 Coordinator 282 MacLean, Roberta 14 PT 3/1/1994 21.47 *(9) N/A

1166 DOH A4010 Intern 650 vacant N/A seas N/A N/A N/A N/A

1167 DOH A4010 Licensed Practical Nurse 302 Nolan, Lori 9 PT 12/11/2006 15.50 *(4) N/A

1168 DOH A4083 Licensed Practical Nurse 302 vacant 9 PT N/A 14.52 N/A N/A

1169 DOH N/A Licensed Practical Nurse 302 vacant 9 PD N/A 14.52 N/A N/A

1170 DOH A4035 Nurse Practitioner 230 Messing, Cheryl L. N/A PT 10/14/1998 34.63 N/A N/A

1171 DOH A4035 Nurse Practitioner 230 Wilk, Nancy C. N/A PT 6/4/1999 34.63 N/A N/A

1172 DOH A4035 Nurse Practitioner 230 vacant N/A PD N/A 34.63 N/A N/A

1173 DOH A4082 Nutrition Aide 508 vacant 4 PT N/A 12.05 N/A N/A

1174 DOH A4014 Physician 264 Shah MD, Manish N/A PT 1/22/2010 75.00 N/A N/A

1175 DOH A4010 Public Health Educator 240 Beardsley, Yvonne 13 PT 9/2/2008 18.16 N/A N/A

1176 DOH A4035 Public Health Educator 240 Brown, Autumn 13 PT 6/15/2010 18.16 N/A N/A

1177 DOH A4082 Public Health Educator 204 Vallone, Colleen 13 PT 7/11/2011 18.16 N/A N/A

1178 DOH A4010 Public Health Educator 240 Webster, June 13 PT 1/5/2009 18.70 *(2) N/A

1179 DOH A4093 Public Health Educator 240 vacant 13 PT N/A 18.16 N/A N/A Registered Professional 1180 DOH A4010 Nurse 243 Allen, Beth A. N/A PD 9/21/2001 22.69 N/A N/A Registered Professional 1181 DOH A4010 Nurse 243 Braaten, Heather N/A PT 3/24/2008 22.85 N/A 5 Registered Professional 1182 DOH A4083 Nurse 243 Chatterton, Kristie N/A PD 2/18/2011 22.69 N/A N/A Registered Professional 1183 DOH A4101 Nurse 243 Cox, Carla J. N/A PT 5/23/2008 22.85 N/A 5 Registered Professional 1184 DOH A4010 Nurse w/ BS 250 Davis, Margaret N/A PD 6/21/2010 25.08 N/A N/A 410 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Registered Professional 1185 DOH A4035 Nurse 243 Dearcop, Elaine R. N/A PD 6/16/2001 22.69 N/A N/A Registered Professional 1186 DOH A4010 Nurse 243 DeLorm, Adrienne A. N/A PD 11/24/2006 22.69 N/A N/A Registered Professional 1187 DOH A4010 Nurse 243 Hamilton, Linda N/A PD 5/1/2010 22.69 N/A N/A Registered Professional 1188 DOH A4083 Nurse 243 Lewis, Janet N/A PD 12/5/2008 22.69 N/A N/A Registered Professional 1189 DOH A4010 Nurse 243 Link, Kathryn N/A PT 12/22/2005 22.85 N/A 5 Registered Professional 1190 DOH A4083 Nurse w/ BS 250 McKeown, JoAnn L. N/A PD 8/18/1998 25.08 N/A N/A Registered Professional 1191 DOH A4083 Nurse 243 Rounsville, Jerri A. N/A PD 7/7/2011 22.69 N/A N/A Registered Professional 1192 DOH A4110 Nurse w/ BS 250 Schiedel, Colleen M. N/A PT 12/8/2008 24.31 N/A 5 Registered Professional 1193 DOH A4010 Nurse 243 Schinski, Ann L. N/A PD 10/30/2009 22.69 N/A N/A Registered Professional 1194 DOH A4082 Nurse 243 Treadwell, Emily N/A PD 7/17/2009 22.69 N/A N/A Registered Professional VanScooter, Pamela 1195 DOH A4010 Nurse 243 Ann N/A PD 3/1/2011 22.69 N/A N/A Registered Professional 1196 DOH A4010 Nurse 243 Vonglis, Michele N/A PD 10/17/2011 22.69 N/A N/A Registered Professional 1197 DOH A4010 Nurse w/ BS 250 Watkins, Desiree N/A PD 9/17/1997 25.08 N/A N/A Registered Professional 1198 DOH A4083 Nurse 243 Yates, Sandra L. N/A PD 3/15/2005 22.69 N/A N/A Registered Professional 1199 DOH A4035 Nurse 243 Young, Shari N/A PD 7/3/2010 22.69 N/A N/A Registered Professional 1200 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1201 DOH A4112 Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1202 DOH A4010 Nurse 243 vacant N/A PD N/A n/a N/A N/A Registered Professional 1203 DOH A4010 Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1204 DOH A4010 Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1205 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1206 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1207 DOH A4035 Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1208 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1209 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1210 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1211 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1212 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Registered Professional 1213 DOH N/A Nurse 243 vacant N/A PD N/A 22.69 N/A N/A Social Work Assistant Public Health 1214 DOH A4083 Department 360 Eddy, Jacalyn 14 PT 1/10/2011 19.39 N/A N/A

1215 DOH A4093 Summer Youth Worker 887 King, Amanda Lynn N/A PT 2/25/2011 7.25 N/A N/A

1216 DOH A4093 Summer Youth Worker 887 vacant N/A PT N/A 7.25 N/A N/A DECEMBER 28, 2011 411

1217 DOH A4093 Summer Youth Worker 887 vacant N/A PT N/A 7.25 N/A N/A

1218 DOH A4093 Summer Youth Worker 887 vacant N/A PT N/A 7.25 N/A N/A

1219 DOH A4112 Volunteer Coordinator 273 vacant N/A PT N/A 18.79 N/A N/A

1220 HWAY D5110 Automotive Mechanic 700 vacant 12 Seas N/A 17.00 N/A NH

1221 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1222 HWAY D5110 Laborer 811 vacant N/A seas N/A 10.47 N/A N/A

1223 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1224 HWAY D5110 Laborer 811 vacant N/A seas N/A 10.47 N/A N/A

1225 HWAY D5110 Laborer 811 vacant N/A seas N/A 10.47 N/A N/A

1226 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1227 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1228 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1229 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1230 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1231 HWAY D5110 Laborer 826 vacant N/A seas N/A 10.47 N/A N/A

1232 HIST A7510 Clerk/Typist 604 vacant 2 PT N/A 11.45 N/A N/A

1233 HIST A7510 Deputy County Historian 212 Watson, Holly C. 2A PT 11/1/2011 11.73 N/A N/A

1234 HIST A7510 Typist 634 Bimber, Mary Beth 2 PT 10/3/2011 11.45 N/A N/A Mental Health Clinical 1235 MH A4310 Therapist 228 Matossian, Jeanne L. 16 PT 3/11/2008 22.52 *(1) N/A

1236 PERS A1430 Exam Monitor 833 Bovee, Frances N/A PT 4/5/2008 11.39 N/A N/A Conesus Lake Water 1237 PLAN A8090 Shed Manager 152 Reid, Miranda L. N/A PT 5/24/2011 22.12 N/A N/A

1238 RPTS Assessor vacant N/A PT N/A 19.00 N/A N/A

1239 REC A1665 Records Inventory Clerk 638 Stewart, Lorie 7 PT 12/13/2002 15.48 *(9) N/A

1240 REC A1665 Records Inventory Clerk 638 vacant 7 PT N/A 13.40 N/A N/A

1241 REC A1665 Records Inventory Clerk 638 vacant 7 PT N/A 13.40 N/A N/A

1242 SHER A3020 Civilian Dispatcher 605 Austin, Brad 11 PT 1/12/2009 17.59 N/A N/A 3/24/2012 1243 SHER A3020 Civilian Dispatcher 605 Beach, Alyssa 11 PT 3/24/2007 17.59 N/A N/A 18.47*

1244 SHER A3020 Civilian Dispatcher 605 Connor, Sarah J. 11 PT 11/8/2010 17.59 N/A N/A

1245 SHER A3020 Civilian Dispatcher 605 Cornwell, Jennifer 11 PT 11/7/2011 17.59 N/A N/A

1246 SHER A3020 Civilian Dispatcher 605 Giglio-Richardson, Jody 11 PT 4/27/2009 17.59 N/A N/A

1247 SHER A3020 Civilian Dispatcher 605 Snyder, Matthew J. 11 PT 12/18/2009 17.59 N/A N/A

1248 SHER A3020 Civilian Dispatcher 605 Weidman, Joshua J. 11 PT 11/7/2011 17.59 N/A N/A 412 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1249 SHER A3020 Civilian Dispatcher 605 vacant 11 PT N/A 17.59 N/A N/A

1250 SHER N/A Civilian Dispatcher 605 vacant 11 PT N/A 17.59 N/A N/A

1251 SHER A3020 Civilian Dispatcher 605 vacant 11 PT N/A 17.59 N/A N/A

1252 SHER A3110 Clerk 603 vacant 2 PT N/A 11.39 N/A N/A

1253 SHER A3150 Cook (Corrections) 808 Anderson, Charles J. 9 PT 8/12/2008 14.43 N/A N/A

1254 SHER A3150 Cook (Corrections) 808 vacant 9 PT N/A 14.43 N/A N/A 7/13/2012 1255 SHER A3150 Corrections Officer 199 Campbell, Mary 12 PT 7/13/2007 18.34 N/A N/A 19.26*

1256 SHER A3150 Corrections Officer 199 Carey, Amber L. 12 PT 4/21/2011 18.34 N/A N/A

1257 SHER A3150 Corrections Officer 199 Daly, Joshua A. 12 PT 10/11/2011 18.34 N/A N/A

1258 SHER A3150 Corrections Officer 199 Derrenbacher, Alan 12 PT 12/12/2003 18.34 N/A N/A

1259 SHER A3150 Corrections Officer 199 Dukarm, Katherine M. 12 PT 12/19/2011 18.34 N/A N/A

1260 SHER A3150 Corrections Officer 199 Erwin, Michael P. 12 PT 4/18/2009 18.34 N/A N/A

1261 SHER A3150 Corrections Officer 199 Ferrara Jr., Timothy F. 12 PT 7/11/2008 18.34 N/A N/A

1262 SHER A3150 Corrections Officer 199 Fisher, Kyle 12 PT 6/16/2009 18.34 N/A N/A

1263 SHER A3150 Corrections Officer 199 Garagozzo, Wendy J. 12 PT 8/12/2011 18.34 N/A N/A

1264 SHER A3150 Corrections Officer 199 Gray, Steven T. 12 PT 6/10/2011 18.34 N/A N/A

1265 SHER A3150 Corrections Officer 199 Keller, Sarah 12 PT 8/29/2006 19.26 * N/A

1266 SHER A3150 Corrections Officer 199 McDonald, Tracy J. 12 PT 10/29/2010 18.34 N/A N/A

1267 SHER A3150 Corrections Officer 199 Merrick, Branden W. 12 PT 4/18/2009 18.34 N/A N/A

1268 SHER A3150 Corrections Officer 199 Mielke, Scott J. 12 PT 10/22/2010 18.34 N/A N/A

1269 SHER A3150 Corrections Officer 199 Mychalishyn, Kelly A. 12 PT 12/31/2010 18.34 N/A N/A

1270 SHER A3150 Corrections Officer 199 Phelps, Ellen C. 12 PT 7/23/2011 18.34 N/A N/A

1271 SHER A3150 Corrections Officer 199 Rice, Jennifer A. 12 PT 11/26/2010 18.34 N/A N/A

1272 SHER A3150 Corrections Officer 199 Schirmer, Ryan 12 PT 6/16/2009 18.34 N/A N/A

1273 SHER A3150 Corrections Officer 199 Schwan, William C. 12 PT 10/22/2010 18.34 N/A N/A

1274 SHER A3116 Corrections Officer 199 Simpson, Michael G. 12 PT 10/22/2010 18.34 N/A N/A

1275 SHER A3150 Corrections Officer 199 Stella, Joseph F. 12 PT 3/22/1999 20.17 ** N/A

1276 SHER A3150 Corrections Officer 199 vacant 12 PT N/A 18.34 N/A N/A

1277 SHER A3150 Corrections Officer 199 vacant 12 PT N/A 18.34 N/A N/A

1278 SHER A3150 Corrections Officer 199 vacant 12 PT N/A 18.34 N/A N/A

1279 SHER A3020 Courier 832 Bovee, Christine M. 5 PT 3/25/1993 15.71 ** N/A Deputy Sheriff/ Road 1280 SHER A3110 Patrol 402 Barkan, Irving 13 PT 5/29/2006 23.08 * N/A DECEMBER 28, 2011 413

Deputy Sheriff/ Road 1281 SHER A3110 Patrol 402 Blair, Jeremey 13 PT 5/31/2010 21.98 N/A N/A Deputy Sheriff/ Road 1282 SHER A3110 Patrol 402 Brinkerhoff, Albert 13 PT 7/30/1990 24.18 ** N/A Deputy Sheriff/ Road 1283 SHER A3110 Patrol 402 Chanler, Andrew W. 13 PT 8/16/1991 24.18 ** N/A Deputy Sheriff/ Road 1284 SHER A3110 Patrol 402 Cicoria, Gary A. 13 PT 8/16/1991 24.18 ** N/A Deputy Sheriff/ Road 1285 SHER A3110 Patrol 402 Clark, James K. 13 PT 6/9/1987 24.18 ** N/A Deputy Sheriff/ Road 1286 SHER A3110 Patrol 402 Halbert, Jr., Robert 13 PT 1/8/2008 21.98 N/A N/A Deputy Sheriff/ Road 1287 SHER A3110 Patrol 402 Heneghan, Matthew J 13 PT 7/11/2008 21.98 N/A N/A Deputy Sheriff/ Road 1288 SHER A3110 Patrol 402 Maloney, Robin 13 PT 1/1/2009 21.98 N/A N/A Deputy Sheriff/ Road 4/23/2012 1289 SHER A3110 Patrol 402 Miskell, Theodore J. 13 PT 4/23/2007 21.98 N/A N/A 23.08* Deputy Sheriff/ Road 1290 SHER A3110 Patrol 402 Morgan, John W. 13 PT 8/28/1995 24.18 ** N/A Deputy Sheriff/ Road 1291 SHER A3110 Patrol 402 Morsch, Douglas 13 PT 10/31/2008 21.98 N/A N/A Deputy Sheriff/ Road 1292 SHER A3110 Patrol 402 Perkins, Arick C. 13 PT 8/17/2010 21.98 N/A N/A Deputy Sheriff/ Road 1293 SHER A3110 Patrol 402 Richards, Donald 13 PT 6/28/1966 24.18 ** N/A Deputy Sheriff/ Road 1294 SHER A3110 Patrol 402 Rychlicki, Joseph 13 PT 9/12/2006 23.08 * N/A Deputy Sheriff/ Road 1295 SHER A3110 Patrol 402 Salley, Brandon M. 13 PT 12/6/2011 21.98 N/A N/A Deputy Sheriff/ Road 1296 SHER A3110 Patrol 402 Slattery, Raymond 13 PT 9/6/1994 24.18 ** N/A Deputy Sheriff/ Road 10/10/2012 1297 SHER A3113 Patrol 402 Smith, William T. 13 PT 10/10/2002 23.08 * N/A 24.18** Deputy Sheriff/ Road 1298 SHER A3110 Patrol 402 Swede, Wayne M. 13 PT 6/20/2008 21.98 N/A N/A Deputy Sheriff/ Road Sweeting, Jr, Timothy 1299 SHER A3110 Patrol 402 P. 13 PT 7/23/2011 21.98 N/A N/A Deputy Sheriff/ Road 1300 SHER A3110 Patrol 402 Tetamore, Laurence 13 PT 12/31/2008 21.98 N/A N/A Deputy Sheriff/ Road 1301 SHER A3110 Patrol 402 Vasile, Daniel 13 PT 4/8/2005 23.08 * N/A Deputy Sheriff/ Road 1302 SHER A3110 Patrol 402 Wall, Ronald K. 13 PT 11/16/2010 21.98 N/A N/A Deputy Sheriff/ Road 1303 SHER A3110 Patrol 402 Young Jr., Clark 13 PT 1/1/1981 24.18 ** N/A Deputy Sheriff/ Road 1304 SHER A3110 Patrol 402 vacant 13 PT N/A 21.98 N/A N/A Deputy Sheriff Sergeant 1305 SHER A3113 (Road Patrol) 252 vacant 15 seas N/A N/A N/A

1306 DSS A6010 Caseworker 206 vacant 14 PT N/A 19.39 N/A N/A Home Energy 1307 DSS A6010 Assistance Examiner 608 Batlle, Lisa 7 seas 10/17/2011 13.40 N/A N/A Home Energy 1308 DSS A6010 Assistance Examiner 608 Eastman, Kelly Jo 7 seas 11/7/2011 13.40 N/A N/A

1309 DSS A6010 Summer Camp Worker 822 vacant N/A seas N/A 13.44 N/A N/A

1310 VET A6510 Clerk/Typist 604 Freeman, Linda A. 2 PT 6/23/2008 11.99 *(2) N/A Employment & Training 1311 WDS J6298 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1312 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A 414 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Employment & Training 1313 WDS J6298 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1314 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1315 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1316 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1317 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1318 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1319 WDS J6292 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1320 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1321 WDS J6295 Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1322 WDS N/A Activities Supervisor 637 vacant N/A seas N/A 11.48 N/A N/A Employment & Training 1323 WDS J6295 Counselor 219 vacant N/A seas N/A 18.19 N/A N/A Employment & Training 1324 WDS A7316 Counselor 636 vacant N/A seas N/A 18.19 N/A N/A Employment & Training 1325 WDS A7316 Counselor 636 vacant N/A seas N/A 18.19 N/A N/A Employment & Training 1326 WDS A7316 Counselor 636 vacant N/A seas N/A N/A N/A N/A Employment & Training 1327 WDS J6295 Counselor 636 vacant N/A seas N/A 18.19 N/A N/A Employment & Training 1328 WDS J6295 Counselor 219 vacant N/A seas N/A N/A N/A N/A Employment & Training 1329 WDS N/A Counselor 219 vacant N/A seas N/A 18.19 N/A N/A Employment & Training 1330 WDS N/A Counselor 219 vacant N/A seas N/A 18.19 N/A N/A

1331 WDS J6292 Tutor 886 vacant n/a PD N/A 20.20 N/A N/A

1332 WDS J6298 Tutor 886 vacant n/a PD N/A 20.20 N/A N/A

1333 WDS J6298 Tutor 886 vacant n/a PD N/A 20.20 N/A N/A

1334 WDS J6298 Tutor 886 vacant n/a PD N/A 20.20 N/A N/A

1335 WDS J6298 Tutor 886 vacant N/A PD N/A 20.20 N/A N/A

1336 WDS J6298 Tutor 886 vacant N/A PD N/A 20.20 N/A N/A Dated at Geneseo, New York December 28, 2011 Ways and Means Committee The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

EXECUTIVE SESSION Motion made by Mr. Pangrazio and seconded by Mr. Gott that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing the employment history of particular persons; and that James C. Merrick act as Chairman, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle, County Attorney David J. Morris, District Attorney Thomas Moran and Acting District Attorney Eric Schiener 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 employment history of particular persons, hereby reports as follows: DECEMBER 28, 2011 415

No action taken. Dated December 28, 2011 James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Gott and seconded by Mr. Deming that the Report of the Executive Session be accepted. Carried.

RESOLUTION NO. 2011-437 ADOPTING 2012 LIVINGSTON COUNTY DEPARTMENT HEAD SALARY SCHEDULE Mr. Pangrazio presented the following resolution and moved its adoption: RESOLVED, the 2012 Livingston County Department Head Salary Schedule is hereby adopted effective January 1, 2012, a copy of which is attached hereto and is incorporated herein by reference Dept Dept. Code Title Name FT/PT DOH 2012 Rate Note

1 BOS A1010 Chairman of the Board N/A PT N/A 40,375.00

2 BOS A1010 Vice Chairman of the Board N/A PT N/A 20,300.00

3 BOS A1010 Members of the Board N/A PT N/A 14,875.00

4 BOS A1230 County Administrator Coyle, Ian FT 7/14/2008 130,000.00 Administrative Assistant to 5 BOS A1345 the County Administrator Grosse, Lisa M. FT 1/22/1990 59,600.00 Clerk to the Board of 6 BOS A1010 Supervisors Amico, Virginia O. FT 3/12/1990 62,250.00 Confidential Secretary to the 7 BOS A1010 Clerk Scutt, Ashley E. FT 11/16/2009 30,300.00 Secretary to the County 8 BOS A1230 Administrator Rees, Michele R. FT 12/27/1994 47,825.00

9 BOS A1320 County Auditor Donegan, Terrence P. FT 9/17/1990 71,925.00

10 BOS A1665 Records Inventory SupervisorMontemarano, Katherine FT 1/1/1993 47,825.00

11 AGIN A6773 Office for the Aging Director Smith, Kaaren FT 12/15/1979 71,450.00

12 AGIN A6780 Aging Services Caseworker DeMarte, Anne FT 9/10/1997 50,025.00

13 AGIN A6780 Case Manager Robinson, Lynda L. FT 7/30/2001 45,925.00

14 AGIN A6774 Finance Supervisor Bagley, Sue Ann FT 8/29/2008 46,500.00 Foster Grandparent Program 15 AGIN A6781 Director Gage, Deborah C. FT 10/4/2004 48,875.00

16 AGIN A6774 Nutrition Coordinator Wilkins, Jessica FT 2/25/2008 45,425.00

17 BOE A1450 Commissioner Schoonover, Laura M. FT 7/13/1987 53,475.00

18 BOE A1450 Commissioner Leven, Nancy L. FT 7/18/1994 53,475.00

19 BOE A1450 Deputy Commissioner DiPasquale, David M. FT 1/19/2010 47,650.00

20 BOE A1450 Deputy Commissioner vacant FT N/A 47,650.00

21 CNR E6120 Director of Long Term Care Bassett, Franklin FT 7/13/1992 119,200.00 Deputy Director of Long Term 22 CNR E6120 Care Woodruff, Stephen FT 7/11/2011 88,375.00

23 CNR E6120 Director of Nursing Services Krause, Amy K. FT 3/29/2010 76,525.00 Director of Rehabilitative 24 CNR E6120 Services Jarzyna, Anthony FT 10/20/1997 81,950.00 416 REPORT OF THE SUPERVISORS’ PROCEEDINGS

25 CNR E6120 Assistant Director of Nursing Crye, Kathleen FT 12/20/1987 68,375.00

26 CNR E6120 Director of Fiscal Services Keefe, Barbara FT 10/27/2008 77,550.00

27 CNR E6120 Administrative Secretary McConnell, Jeannine FT 7/9/2007 31,025.00

28 CNR E6120 Administrative Secretary Pearson, Lorri FT 10/31/2003 34,350.00 Director of Social Work 29 CNR E6120 Services Parker, Kandie FT 7/10/2006 59,875.00 Leisure Time Activities 30 CNR E6120 Director Kavanagh, Kimberly FT 9/18/2006 47,375.00

31 CNR E6120 Medical Director Hadley MD, Cynthia E. PT 3/1/2001 120.00

32 CNR E6120 Purchasing Coordinator Wood, Leroy FT 2/12/2007 49,325.00 Supervisor of Buildings & 33 CS A1620 Grounds Allen, David W. FT 8/24/1992 79,300.00 Buildings & Grounds Working 34 CS A1630 Foreperson Cavalier, William R. FT 10/31/2011 59,000.00 Buildings & Grounds Working 35 CS A1610 Foreperson Driscoll, John R. FT 11/14/2011 59,000.00 Buildings & Grounds Working 36 CS E6120 Foreperson Helles, Thomas R. FT 1/31/2002 61,800.00

37 CLER A1410 County Clerk Culbertson, James A. FT 1/1/1986 83,625.00

38 CLER A1410 Deputy County Clerk Strickland, Mary F. FT 3/2/1983 65,900.00

39 CLER A1410 Second Deputy County Clerk Olson, Kathleen FT 1/2/1996 46,950.00

40 ATNY A1420 County Attorney Morris, David J. 4/5 1/1/1992 107,600.00

41 ATNY A1420 Assistant County Attorney Mallaber, Jeffrey FT 3/1/2009 67,350.00

42 ATNY A1420 Assistant County Attorney Sisson, Wendy PT 1/1/2006 52,275.00

43 DA A1165 Acting District Attorney Schiener, Eric R. FT 11/29/1999 119,800.00

44 DA A1166 Assistant District Attorney Rowcliffe, Victor D. FT 4/6/1998 84,125.00

45 DA A1165 Assistant District Attorney Quintilone, Lindsay FT 11/26/2007 62,875.00

46 DA A1165 Assistant District Attorney Tonra, Joshua J. FT 1/14/2008 62,875.00

47 DA A1166 Assistant District Attorney Scherer, Jeffrey FT 12/12/2011 55,375.00

48 DA A1166 Assistant District Attorney Woodruff, Scott FT 12/12/2011 55,375.00

49 DA A1165 Assistant District Attorney Cicoria, Ronald A. PT 9/2/2008 29,800.00

50 DA A1165 Assistant District Attorney Vacant FT N/A

51 DA A1165 Assistant District Attorney vacant FT N/A N/A Secretary to the District 52 DA A1165 Attorney Ehrmentraut, Geraldine FT 1/7/1993 55,025.00 Victim/Witness Assistant 53 DA A1165 Coordinator Corrigan, Richard J. FT 11/1/1995 49,350.00

54 ECOD A6989 Economic Developer Rountree, Patrick FT 9/30/1988 92,300.00

55 ECOD A6989 Deputy Economic Developer Marshall, Julie A. FT 9/18/2000 73,275.00 Emergency Management 56 EMS A3640 Services Director Niedermaier, Kevin FT 11/20/1995 69,900.00 DECEMBER 28, 2011 417

Emergency Medical Services 57 E Med S A4013 Director Dewar, Karen FT 9/19/2011 53,000.00

58 DOH A4010 Public Health Director Ellison, Joan H. FT 8/6/1979 104,350.00 Director of Environmental 59 DOH A4010 Health Mazurowski, James P. FT 8/14/2000 73,250.00

60 DOH A4010 Director of Patient Services Stallone, Mary M. FT 4/13/1992 75,000.00

61 DOH A4010 Director of Patient Services King, Prudence E. FT 12/11/2000 63,275.00

62 DOH A4010 Director of Patient Services Sheflin, Cynthia FT 2/13/1990 62,250.00

63 DOH A3510 Dog Control Officer Clark, Roxanne L. FT 10/17/1994 48,450.00

64 DOH A4010 Finance Supervisor Henderson, Erik FT 2/25/1999 45,425.00

65 DOH A4010 Financial Manager Peraino, James J. FT 8/2/1993 69,900.00

66 DOH A4010 Physician Matlin MD., Arnold PT 9/16/2008 80.00

67 DOH A4080 Physician Witte MD, Anthony PT 7/19/2010 40.00

68 DOH A4014 Supervising ALS Technician vacant FT N/A 41,925.00 County Highway 69 HWAY D5010 Superintendent Higgins, Donald N. FT 4/20/1987 85,275.00 Deputy Highway 70 HWAY D5010 Superintendent Barefoot, Dennis J. FT 6/30/1997 72,050.00 Deputy Highway 71 HWAY D5010 Superintendent Cowley, Stephen M. FT 6/24/1986 67,300.00 Deputy Highway 72 HWAY D5010 Superintendent vacant FT N/AN/A Highway Administrative Szoczei-Brehm, Elaine 73 HWAY D5010 Manager D. FT 10/5/1998 54,575.00

74 HIST A7510 County Historian Alden, Amie FT 1/1/2004 41,700.00

75 ITS A1680 Director of I.T.S. Nieswiadomy, Dale FT 5/2/1988 91,850.00

76 ITS A1680 Deputy Director of I.T.S. VanSon, Elaine FT 1/22/1990 78,100.00 Director of Community Mental 77 MH A4310 Health Services Long, Gail A. FT 1/11/1993 74,100.00 Deputy Director of 78 MH A4310 Community Mental Health vacant FT N/A 60,000.00

79 MH A4310 Financial Manager Goodness, Barbara FT 12/19/2002 55,400.00

80 PERS A1430 Personnel Officer Lynn, Tish E. FT 9/5/1995 88,525.00

81 PERS A1430 Personnel Assistant Beach, Lauraine M. FT 3/31/1982 47,850.00 $26.30

82 PERS A1430 Administrative Secretary Griffith, Amy J. FT 7/13/1995 42,925.00 $23.59

83 PERS A1430 Account Clerk/Typist Hettrick, Brenda Lee FT 5/25/2006 32,325.00 $17.75

84 PERS A1430 Clerk/Typist Schirmer, Marcy L. FT 1/5/2009 26,325.00 $14.46

85 PLAN A8020 Planning Director Ellis, Angela L. FT 4/14/2008 78,000.00

86 PROB A3140 Probation Director II Mignemi, Lynne C. FT 11/27/1987 70,700.00

87 PD A1170 Public Defender Clark Tetamore, Marcea FT 7/27/2000 89,500.00

88 PD A1170 Assistant Public Defender McCann, James 3/4 3/16/1992 56,425.00 418 REPORT OF THE SUPERVISORS’ PROCEEDINGS

89 PD A1170 Assistant Public Defender Connor, Ann E. 3/4 2/22/2010 45,925.00

90 PD A1170 Assistant Public Defender Donohue, Kelly PT 1/1/1996 29,425.00

91 PD A1170 Assistant Public Defender vacant PT N/A 22,250.00

92 PD A1170 Assistant Public Defender Lockhart III, John M. PT 3/9/1998 27,725.00

93 PD A1170 Assistant Public Defender Laragy, Christopher J. FT 11/27/2000 70,150.00

94 PD A1170 Confidential Secretary Dugan, Lisa P. FT 9/8/2000 41,350.00

95 PW A8037 Public Works Director VanHorne, Catherine FT 3/19/1990 79,100.00

96 PW A8037 Director of Operations vacant FT N/AN/A

97 PW A8037 Financial Manager Travis, Judith FT 7/28/1989 60,675.00 Director of Real Property Tax 98 RPTS A1355 Services I Pukos, Joseph FT 2/1/1982 67,175.00

99 SHER A3110 Sheriff York, John M. FT 1/9/1969 92,500.0093,500 1/1/2013

100 SHER A3112 Stop DWI Coordinator York, John M. PT 1/9/1969 21,825.00

101 SHER A3110 Undersheriff Szczesniak, James FT 6/1/1986 80,800.00

102 SHER A3150 D.S./Major (Corrections) Rose, James FT 9/18/1990 69,975.00

103 SHER A3110 D.S./Major (Investigations) Burgess, Matthew FT 10/14/1994 70,600.00 D.S./Major (Criminal-Rd. 104 SHER A3110 Patrol) Smith, Christopher L. FT 8/16/1986 75,800.00

105 SHER A3112 Secretary to the Sheriff Little, Stephanie FT 8/30/1999 53,575.00 Commissioner of Social 106 DSS A6010 Services Deane, Diane M. FT 10/17/1988 92,500.00

107 DSS A6010 Director of Social Services Vacant FT N/A 67,100.00 Director of Administrative 108 DSS A6010 Services Macomber, George FT 10/4/1984 63,000.00

109 DSS A6010 Employment Coordinator Peck, David FT 3/28/2005 58,850.00 Head Social Welfare 110 DSS A6010 Examiner Koch, Sharon FT 6/1/1978 69,975.00 Secretary to the Commissioner of Social 111 DSS A6010 Services Gulesano, Kristine L. FT 3/19/2001 42,850.00

112 DSS A6010 Social Services Attorney Sylvester, John FT 8/24/1987 104,325.00 Traffic Safety Board 113 TRAF A3110 Executive Secretary Johnston, Patricia PT 5/14/1996 7,250.00

114 TREA A1325 County Treasurer Taylor, Carolyn FT 10/5/1987 83,575.00

115 TREA A1325 Deputy County Treasurer Mann, Amy FT 1/1/2000 54,475.00 Director of Veterans Services 116 VET A6510 Agency Hollister, Frank PT 5/17/2004 30,000.00 Workforce Development Services Director/Youth 117 WDS J6292 Bureau Director Mitchell, C. Keith FT 4/30/1990 72,000.00 Dated at Geneseo, New York December 28, 2011 Ways & Means Committee DECEMBER 28, 2011 419

A proposed Department Head Salary Schedule was placed on the Supervisors’ desks.

Mr. Moore moved and Mr. Wadsworth seconded to amend the proposed Department Head Salary Schedule as follows:  #43 - The Acting District Attorney salary will be the current County Court Judge salary - $119,800.00  #44 - The salary for Victor Rowcliffe is the salary that was paid to Eric Schiener last year (2011) - $84,125  #45 & 46 - $7,500 will be added to the 2011 salary of Lindsay Quintilone and Joshua Tonra Motion carried. The roll was called as follows as amended: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

CLOSE PUBLIC HEARINGS Chairman Merrick asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman asked if any Supervisor wished to comment. No one wished to speak. The Chairman declared the public hearings closed.

MOTION TO MOVE LOCAL LAW NO. H - 2011 Mr. Gott moved and Mr. Wadsworth seconded to move the proposed local law to the table for a vote. Carried.

VOTE ON LOCAL LAW NO. H – 2011 LOCAL LAW NO. H - 2011 COUNTY OF LIVINGSTON PROVIDING SALARIES FOR CERTAIN COUNTY OFFICERS FOR THE YEAR 2012 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 $550.00. Section 2. Effective as hereinafter provided, the annual salary of the Commissioner of Social Services shall be increased by $1,500.00. Section 3. Effective as hereinafter provided, the annual salary of the Director of Real Property Tax Services shall be increased by $675.00. Section 4. Effective as hereinafter provided, the annual salary of the County Clerk shall be increased by $850.00. Section 5. Effective as hereinafter provided, the annual salary of the County Highway Superintendent shall be increased by $850.00. Section 6. Effective as hereinafter provided, the annual salary of the County Attorney shall be increased by $1,075.00. Section 7. Effective as hereinafter provided, the annual salary of the County Auditor shall be increased by $725.00. Section 8. Effective as hereinafter provided, the annual salary of the Public Defender shall be increased by $900.00. Section 9. All salaries set forth herein shall be effective as of January 1, 2012. Section 10. 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 11. This Local Law is subject to permissive referendum. Dated at Geneseo, New York December 14, 2011 (introduced) December 28, 2011 The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

MOTION TO MOVE LOCAL LAW NO. I – 2011 Mr. Yendell moved and Mr. Pangrazio seconded to move the proposed local law to the table for a vote. Carried.

VOTE ON LOCAL LAW NO. I – 2011 LOCAL LAW NO. 1 - 2012 (I-2011) SANITARY CODE OF THE COUNTY OF LIVINGSTON Be it enacted by the Board of Supervisors of the County of Livingston as follows:

420 REPORT OF THE SUPERVISORS’ PROCEEDINGS

SECTION ONE – The Livingston County Board of Supervisors hereby adopts the following as the Sanitary Code of the County of Livingston: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS Section 1. Title. 1.1 The rules and regulations herein contained shall be known as the “Livingston County Sanitary Code.” Section 2. Definitions. Whenever used in this Code, unless otherwise expressly stated or the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: 2.1 “Board of Health” shall mean the Board of Health of Livingston County. 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Complaint” shall mean a written or oral allegation by one party against another. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Permit” shall mean written approval to engage in specific activities regulated by the Sanitary Code. 2.6 “Persistent Noncompliance” (PNC) occurs when a regulated entity violates provisions of the Public Health Law, State Sanitary Code or Sanitary Code on more than two (2) site visits or inspections during the course of a calendar year. 2.7 “Person” shall mean an individual, group of individuals, partnership, firm, corporation, association, county, city, town or village or improvement district. 2.8 “Public Health and Health Planning Council” shall mean the Public Health and Health Planning Council of the New York State Department of Health. 2.9 “Public Health Law” shall mean an act in relation to public health, constituting chapter forty-five of the consolidated laws. 2.10 “Repair Orders” shall mean a document issued by the Chief Executive Officer that directs an owner or operator to make repairs to a piece of equipment, structure, system, or item that is identified as being necessary to prevent the occurrence of a condition that could result in a public health hazard, Public Health Nuisance, or result in the release of Offensive Materials. The Repair Order shall identify the equipment, structure, system or item in need of repair, set a timeframe for completion of the repair, and indicate acceptable evidence that the repair has been completed, such as providing a receipt or bill of sale from an established vendor capable and qualified to make the required repairs. 2.11 “Sanitary Code” shall mean and comprise the Rules and Regulations now or hereinafter formulated, promulgated, and adopted by the Board of Health of Livingston County pursuant to Section 347 of the New York State Public Health Law. 2.12 “State Sanitary Code” shall mean the sanitary code established by the Public Health and Health Planning Council of the State of New York. 2.13 “Violation” shall mean non-compliance or non-conformance with any provision of the Sanitary Code, State Sanitary Code or Public Health Law. Section 3. Sanitary Code. 3.1 The provisions of the Sanitary Code shall be in force throughout Livingston County. Unless otherwise required by the New York State Public Health Law or the State Sanitary Code, the enforcement of provisions of the Sanitary Code shall be subject to the restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York. The restrictions imposed by Section 305-a of Article 25-AA of the Agriculture and Markets Law of the State of New York shall also apply to persons actively engaged in farming operations on land not located within an agricultural district. Section 4. Interference with Notices. DECEMBER 28, 2011 421

4.1 No person shall remove, mutilate, or conceal any notice or placard of the Department of Health posted in or on any premises or public place except by permission of the Chief Executive Officer. Section 5. Special Provisions. 5.1 The regulations of this code shall be supplemental to the regulations, rules and orders of the Applicable Parts of the State Sanitary Code, Public Health Law, and other New York State Laws relating to public health. Section 6. Inspections. 6.1 All premises covered by the regulations of the Sanitary Code located in Livingston County shall be subject to inspection by the Chief Executive Officer or duly authorized representative. Inspections may include but not be limited to investigations, observations, interviews, review of written materials and collection of samples and testing. 6.2 No person shall refuse to allow the Chief Executive Officer or duly authorized representative to fully inspect any and all premises and no person shall molest or resist the Chief Executive Officer or duly authorized representative in the discharge of their duties. Section 7. Permits. 7.1 Applications - All applications for permits or written approval herein required shall be made upon forms prescribed and furnished by the Department of Health, and shall be signed by the applicant, who shall be the person responsible for compliance with the conditions of the permit or approval applied for, or legally authorized agent thereof. Such application shall contain or have attached thereto such date, information, documents and plans as may be required. 7.2 Permits; Nontransferable - A permit issued to a particular person or for a designated place, purpose, or vehicle shall not be valid for use by any other person, or for any other place, purpose or vehicle than that designated therein. 7.3 Permits; Conditions - Such permits or written approvals may contain general and specific conditions and every person who shall have obtained a permit or written approval, as herein required, shall conform to the conditions prescribed in said permit or written approval and to the provisions of the Sanitary Code. Each such permit shall expire on the date stated in the permit or until revoked, and may be renewed or extended by the Chief Executive Officer after due notice and review, or temporarily suspended pending a hearing. Notwithstanding the foregoing provisions, in the event that any of the terms, conditions and provisions of a permit issued or written approval granted is or may subsequently be less restrictive than the Public Health Law or the State Sanitary Code, then the more restrictive provisions of the Public Health Law or State Sanitary Code shall govern. 7.4 Permits; Property of the Department of Health - All permits issued hereunder shall remain the property of the Department of Health and shall, on demand, be surrendered to an authorized representative of the Department of Health, whenever any such permit expires, is suspended or revoked. Permits shall be posted conspicuously on the premises or carried in the vehicle for which they are issued and shall be produced on request of the Chief Executive Officer, or duly authorized representative. 7.5 Permits; Authority Not to Renew – Notwithstanding any other provision of law, the Department of Health shall not be required to issue and/or renew any license, permit or certificate of qualification, authority or operation of any business, individual or other entity if such business, individual or other entity has failed to pay any outstanding fees, civil fines or penalties assessed by the Department of Health or Board of Health for licensing or regulatory matters or is in Persistent Noncompliance. Section 8. Fees. 8.1 The Board of Health may determine and set fees for any permits issued or services provided by the Department of Health, subject to approval by the Livingston County Board of Supervisors. The fee shall be set to defray the cost of services provided in connection with the permit issued. 8.2 All fees shall be payable to the Livingston County Department of Health. Section 9. Separability Clause. 9.1 In the event that any section, paragraph, sentence, clause or phrase of this Sanitary Code shall be declared unconstitutional or invalid for any reason, the remainder of said Sanitary Code shall not be affected thereby and shall remain in full force and effect. ARTICLE II - SEWAGE TREATMENT—INDIVIDUAL SYSTEMS Section 1. Applicability. 422 REPORT OF THE SUPERVISORS’ PROCEEDINGS

1.1 This article shall apply to the construction and maintenance of all individual sewage treatment systems located within Livingston County which are designed and installed to discharge sewage without admixture of industrial or other waste to the ground waters of New York State, from a dwelling designed to house less than three families, or any other establishment from which the sewage flow is determined to be less than one thousand gallons per day. Section 2. Definitions. 2.1 “Individual Sewage Treatment System” means a complete or incomplete system of piping, tanks and other facilities for the on-site collection, treatment and disposal of sewage, or other liquid wastes into the soil of one or more parcels of land (applicability defined in Section 1). 2.2 “Chief Executive Officer” shall mean the Public Health Director of the Department of Health who, with appropriate medical and other technical consultation as approved by the New York State Department of Health, serves as primary administrator of all health programs in the Department of Health provided, however, in the event that the County of Livingston establishes the position of county health commissioner, then, in such event, and upon the effective date of the creation of such position, the term “Chief Executive Officer” shall mean the county health commissioner of the Department of Health. The powers and duties of the Chief Executive Officer as herein defined shall be those conferred upon such officer by applicable provisions of the Public Health Law and State Sanitary Code. 2.3 “Community Sewerage System” shall mean a system utilized for the collection and disposal of sewage or other waste of a liquid nature, including the various devices for the treatment of such waste serving more than one (1) lot whether owned by a municipal corporation or private utility. 2.4 “Department of Health” shall mean the Livingston County Department of Health established on November 19, 1968 by Resolution Number 68-171 of the County of Livingston. 2.5 “Director” shall mean the Director of the Center for Environmental Health of the Livingston County Department of Health. 2.6 “Part 75” will remain Part 75 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. 2.7 “Sewage” means human excreta or the water-carried discharge of the human body and/or the liquid wastes from residences, businesses, recreation or trade establishments or other places, without the admixture of industrial or other wastes. It is understood that sewage in this article refers only to those effluents from premises not required to have New York State Department of Environmental Conservation approval. The Livingston County Department of Health may require written verification of New York State Department of Environmental Conservation jurisdiction. 2.8 “State Standards” shall mean Appendix 75-A, Wastewater Treatment Standards—Individual Household Systems, pursuant to the authority vested in the New York State Commissioner of Health by Section 201(1)(1) of the Public Health Law. Section 3. Disposal Requirements. 3.1 No person shall discharge, or permit or cause to be discharged untreated sewage, the overflow effluent or contents of a septic tank, or other putrescible, impure, or offensive wastes into an abandoned well, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or onto the surface of the ground, unless otherwise permitted by the New York State Department of Environmental Conservation. 3.2 Where no approved community sanitary sewerage system is available, each residence provided with a water supply, plumbing fixtures, or with a receptacle to create a sanitary flow, shall be equipped with an individual sewage treatment system. Greywater systems shall not be excluded. 3.3 No permits for construction or repair of an individual sewage treatment system shall be issued for property accessible to a public or municipal sanitary sewerage system. 3.4 Any person who is engaged, in whole or part, in the business of installing septic tanks or private sewage treatment systems shall obtain approval from the Department of Health in accordance with the provisions of Section 9 of this Article. The application for such registration and approval shall be on a form prescribed and furnished by the Director. Any person who installs septic tanks or individual sewage treatment systems and who fails or refuses to register and obtain approval shall be in violation of the Sanitary Code and shall be DECEMBER 28, 2011 423

subject to the penalties set forth in Section 4, Article I of the Sanitary Code. Any sewage treatment system installed by a non-approved installer will not be approved by the Department of Health. Section 4. Installation Permit. 4.1 The property owner or designated agent shall make application for a permit to the Chief Executive Officer for construction or installation of an individual sewage treatment system prior to the start of work. 4.2 The applications shall be made in writing on a form prescribed by the Chief Executive Officer and shall contain all pertinent information relative to the location, construction and installation of an individual sewage treatment system and any other information required by the Chief Executive Officer. 4.3 For all new individual sewage treatment systems, plans prepared by a licensed professional engineer, licensed architect or such other licensed professional deemed qualified by the New York State Education Department to design septic systems, shall be submitted to the Department of Health for review and approval, in accordance with the State Standards. A licensed professional engineer or licensed architect may be required for designing repairs to an existing individual sewage treatment system if deemed necessary by the Chief Executive Officer or designee. 4.4 No person shall construct, install, or modify an individual sewage treatment system within Livingston County without having filed for and received a written permit from the Chief Executive Officer. 4.5 An individual sewage treatment system shall be constructed or installed within two years from the date of issuance of the permit therefore except as provided in subdivision 4.6 of this section. If the individual sewage treatment system has not been constructed or installed within two years from the date of issuance of the permit, the permit shall automatically expire. No additional periods of time will be granted to the permittee to complete his system unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time (not to exceed one year) is granted. 4.6 An individual sewage treatment system required in order to correct a violation shall be constructed or installed within 45 days from the date of issuance of the permit unless, upon good cause shown by the permittee to the Chief Executive Officer, an additional period of time is granted. The permittee is required to apply for the permit within two weeks of the date of the notice of violation letter issued to the permittee unless upon good cause, an additional period of time is granted. 4.7 Any person who constructs, provides, or begins construction of an individual sewage treatment system without first obtaining a permit to construct such system or facility according to the terms or conditions of the permit or approved amendments thereto is in violation of the Sanitary Code. 4.8 The Chief Executive Officer may refuse issuance of an installation permit or renewal thereof, to construct, or install an individual sewage treatment system, or, after notice and/or a hearing, revoke or suspend same, if, upon investigation and/or review of submitted information, it is determined the site does not comply with State Standards, or if false or erroneous information was furnished to acquire a permit. 4.9 The Chief Executive Officer may allow for the transfer and/or modification of a valid permit to another party upon receipt of an application by the parties seeking the transfer. The date of expiration of the permit being transferred shall not be extended except as provided in subdivision 4.5. A fee set by the Chief Executive Officer, will be charged to process such a transfer and/or modification. Section 5. Design, Construction and Installation. 5.1 All new individual sewage treatment systems shall be designed, constructed and installed in accordance with the State Standards. The specifications of any new individual sewage treatment system shall be based on the results of at least three percolation tests and one deep hole test. The Department of Health or its designated representative may be required to witness the deep hole. Additional deep hole tests may be required by the Department of Health as deemed necessary. The design flow per bedroom shall be in accordance with Section 75-A.3 of the State Standards. 5.2 A homeowner who chooses to install an aerobic unit instead of a septic tank must meet all requirements prescribed in the State Standards. 5.3 The Department of Health or its designated representative, or licensed professional engineer or licensed architect, as deemed necessary, shall be present at the site of a private sewage treatment system during final inspection. Any person who has constructed or installed a septic tank or private sewage treatment system shall also be present at the time of the final inspection. Section 6. Specific Waiver in Accordance with Part 75. 424 REPORT OF THE SUPERVISORS’ PROCEEDINGS

6.1 Where a violation exists and the site conditions exist which makes strict conformance with State Standards impossible or impractical, the Chief Executive Officer may waive specific code requirements. Approval or denial of such a waiver will be based upon completion and submission of a waiver application form which must contain sufficient documentation demonstrating that the granting of such a waiver will not pose an unacceptable health and/or environmental risk. All new construction shall adhere to the State Standards and shall not be eligible for a Specific Waiver. Section 7. Inspections 7.1 A final inspection of the individual sewage treatment system must be conducted to verify correct installation in accordance with plan requirements and permit conditions. The inspection must be performed by a licensed professional engineer, a licensed architect or Department of Health representative. 7.2 No portion of the individual sewage treatment system shall be covered with soil or be placed into operation until the system has been inspected and approved by the Chief Executive Officer or designated representatives. The Chief Executive Officer may require the system to be uncovered if back filled without such authorization. 7.3 The Chief Executive Officer or representatives may make inspections during the course of construction of the individual sewage treatment system to verify compliance with this regulation. 7.4 No individual sewage treatment system shall be put into service until written approval is issued by the Chief Executive Officer and final grading of the system has been completed. The Chief Executive Officer or representatives may authorize a system’s use pending issuance of the written approval and final grading if necessary to correct existing health hazards, provided a new health hazard would not be created. Approval use of an individual sewage treatment system may be granted on a conditional basis by the Chief Executive Officer or designee when final grading has not been completed due to weather conditions. A written agreement between the permittee and the Department of Health which identifies an acceptable date for completion shall be required. Section 8. Exposure or Discharge of Sewage. 8.1 It is a violation of this Sanitary Code to allow the exposure or surface discharge of sewage. No person shall maintain or operate any individual sewage treatment system, so as to expose or discharge sewage or sewage effluent there from onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer or drain or roadside ditch or in any manner potentially hazardous to the health of others. Any individual sewage treatment system so maintained or operated shall be corrected to prevent the exposure or discharge of sewage or sewage effluent onto the surface of the ground, or any water course or surface body of water in Livingston County or into any storm water sewer, drain or roadside ditch or hazard to the health of others. The provisions of this Section shall not apply to those discharges of sewage effluents duly approved and permitted under Article 17 or the Environmental Conservation Law. Section 9. Installers of Individual Sewage Treatment Systems. 9.1 No person shall install an individual sewage treatment system in Livingston County unless there is a valid permit issued by the Chief Executive Officer pursuant to this article. 9.2 All installers of individual sewage treatment systems must obtain approval from the Livingston County Department of Health. To obtain approval an Installer must demonstrate the ability to install individual sewage treatment systems in accordance with State Standards, as that term is defined in the Sanitary Code. An installer must also demonstrate ability to install individual sewage treatment systems by providing the Department of Health with a list of previously installed and approved individual sewage treatment systems or by other relevant experience in installing individual sewage treatment systems. 9.3 All installers agree to be subject to performance checks by the Department of Health. An Installer’s approval may be revoked by the Department of Health if it is determined that the Installer is not complying with Article II of the Sanitary Code of The County of Livingston or State Standards. 9.4 Approvals shall be valid for a three year period and may be renewed if the Installer demonstrates compliance with Sections 9.1 and 9.2 herein and continued successful system installations. 9.5 An Installer, after obtaining approval to install an individual sewage treatment system, shall install the system according to the installation permit and all conditions contained within the permit. 9.6 An Installer shall cease installation if it is determined that the system cannot be installed according to the permit and Part 75-A Standards and shall immediately contact the Livingston County Department of Health DECEMBER 28, 2011 425

and the design engineer to discuss acceptable design changes to reach compliance with the permit and applicable regulations. 9.7 The Department of Health, its designee or design engineer will serve as a consultant to the Installer should a question/problem occur on site regarding the installation of the system. All Installers must have the ability to adjust the individual sewage treatment system in accordance with any suggested changes by the consultant. 9.8 An Installer shall be present during the final inspection. 9.9 If additional field visits are required (excluding initial percolation test and initial final inspection), the Installer will be billed at $25 per visit. 9.10 Any individual sewage treatment system installed by a non-approved Installer will not be approved by the Livingston County Department of Health. Section 10. Sewage Treatment System Cleaners. 10.1 Collection, transportation and final disposal of material removed, drained or flushed from sewage treatment systems shall be performed in a safe, sanitary manner and in accordance with the New York State Environmental Conservation Law, Section 27-0301 et seq. and Part 364 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York. ARTICLE III - NUISANCE ABATEMENT Section 1. Definitions 1.1 Approved Disposal Area shall mean a specific area, site or location operated under a permit or approval of the New York State Department of Environmental Conservation or a location using a generally acceptable method of waste management. 1.2 A Public Health Nuisance is a condition that causes a common injury adversely affecting the health and/or safety of the residents of the local community. 1.3 Offensive Material as used in this Article means any offal, sewage, fecal matter, urine, refuse, rubbish, garbage, dead animals, meat wastes, body fluids, or any putrescible matter or any solid, liquid or gaseous material which the Chief Executive Officer or designee determines may be dangerous to or adversely affect health. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the transmission of communicable diseases to residents of Livingston County by preventing exposure to sources or potential sources of such diseases. It is the policy of the Livingston County Department of Health to prevent or have abated all public health nuisances that may be detrimental to the life and health of the citizens of Livingston County. 2.2 Any person who causes a Public Health Nuisance or condition that may adversely affect health to occur is in violation of the Sanitary Code of Livingston County Section 3. Filing Complaints 3.1 Complaints shall be received in any form so that prejudice with regard to literacy, language, religion, ethnicity or other cause may be avoided. Complaints must include a description of the concern or incident, a description of the public health impact and other relevant information such as the location or facility so that the person who may be responsible for the public health nuisance can be identified. 3.2 Complaints shall be evaluated as to their merit, cause for, and source to determine their validity. Complaints determined to be valid shall be provided to the Public Health Director or designee to determine if an investigation is warranted. Section 4. Investigation 4.1 Whenever any establishment, building, premises, place of business or residence becomes or is maintained or operated in such a manner so as to emit, discharge, dispose, release or cause an accumulation of Offensive Material that would constitute a Public Health Nuisance, may adversely affect health or is the cause of a nuisance elsewhere, the situation shall be investigated. 4.2 An investigation may be conducted in response to a complaint or when the Chief Executive Officer or designee becomes aware of a condition that may adversely affect health. 4.3 The Chief Executive Officer, or designee, may enter to investigate upon or within any building, premises or place where public health nuisances or conditions identified in a complaint that may affect health are known or believed to exist, or which are the cause of public health nuisances known or believed to exist elsewhere. 4.4 The investigation may include visual observation, conducting tests, and the collection of materials for testing, and/or the review of documentation on or off of the premises related to the public health nuisance. 426 REPORT OF THE SUPERVISORS’ PROCEEDINGS

4.5 The results of the investigation shall be documented in a written statement describing the findings of the investigation, testing or review conducted in response to the complaint. 4.6 The documentation shall indicate: the date and time of the investigation; the conditions found; cite the regulations that were violated; contain a sufficiently descriptive statement to support a conclusion of whether a public health nuisance or a condition that may adversely affect health exists at the location or has been caused to exist elsewhere. The health official performing the investigation shall also document actions, if any, already taken to abate the condition and indicate if the nuisance has been abated by the actions taken. Section 5. Abatement 5.1 The Chief Executive Officer or designee shall evaluate the complaint and investigation results to determine if a Public Health Nuisance or a condition that may adversely affect health continues to exist. If the condition requires further abatement, the Chief Executive Officer or designee shall order its abatement through the delivery of a Repair Order to the owner, operator or person responsible for causing the Public Health Nuisance. The abatement of a nuisance or condition that may adversely affect health shall be completed within 72 hours of receipt of the Repair Order, or the time allowed in the Repair Order. 5.2 Abatement shall be the responsibility of the operator of the facility, owner of the premises or person responsible for causing the condition in need of abatement. All costs for abatement shall be borne by the responsible person, operator or owner. 5.3 The actions of abatement shall include the removal and proper disposal in an approved disposal area of the Offensive Material. The area where the Offensive Material was staged, released or traveled to will also be abated and/or decontaminated, if deemed necessary by the Public Health Director or designee, to remove the potential for remaining residues to result in conditions that may adversely affect health. 5.4 If abatement is not conducted within 72 hours, or the time allowed in the Repair Order, the Chief Executive Officer shall issue a summons and notice of citation for the owner, operator, and or the person responsible for causing the public health nuisance to appear at a Formal Hearing to answer to the charges against them. Section 6. Control of Offensive Material 6.1 Any person who generates, stores, or holds Offensive Materials on or in any premises shall ensure that the material is stored or handled in a manner that will not result in creation of a nuisance or adversely effect health. No person, operator or facility shall store any Offensive Material in any place or in any building or structure unless the material is treated, screened, covered, or placed so as not to create a nuisance or adversely effect health. All structures or containers for storage shall completely confine the material and hold it without a release. All containers for storage or staging shall be kept in a sanitary condition. 6.2 Offensive Materials shall not be deposited, thrown, discharged, dumped or otherwise allowed to enter into streams, ponds or other bodies of water or onto the surface of the ground or into the ground or groundwater, except in such a manner which is consistent with any and all applicable Federal, State and Local laws rules, regulations, and ordinances. 6.3 No person, operator, or owner shall remove or transport or permit the removal or transport of any Offensive Material except in a manner which is consistent with any and all applicable Federal, State and Local laws, rules, regulations and ordinances and in such a manner that will prevent the creation of a nuisance or condition that may adversely affect health. All materials shall be handled, packaged, covered, or treated so that it cannot escape or be accessible to vectors and vermin or create a public health nuisance, or condition which may adversely affect health. 6.4 All dead domestic or farm animals shall be buried, or disposed of in a sanitary manner by the owner, operator, or person responsible for the animal, within 72 hours of its death or after its carcass has been discovered, except as otherwise regulated by Article 26 of the Agriculture and Markets Law of the State of New York. Section 7. Liability 7.1 Any person, operator or owner that has caused a release of Offensive Material or is holding, staging or storing Offensive Material that is causing a nuisance or may adversely affect health shall be liable for all costs associated with the clean-up, removal and disposal of Offensive Materials. 7.2 If the owner, operator, or person responsible for the release, holding, staging or storage of Offensive Material does not complete abatement within the time allowed by the order of the Chief Executive Officer or designee, to protect the health and safety of the public, the Department of Health may take whatever action is deemed DECEMBER 28, 2011 427

appropriate to remediate and abate the condition. Any and all costs incurred in the course of abatement shall be the responsibility of the owner, operator or person responsible for creating the public health nuisance. Section 8. Condemnation 8.1 Whenever it is found by the Chief Executive Officer or designee, that a residence, place of business or part thereof has become unsanitary and may adversely affect health or is unfit for human habitation or other type of occupancy, the premises will be considered to be a public health nuisance. The Chief Executive Officer may issue a Repair Order requiring the occupant, operator, or owner to abate the nuisance or condition that may adversely affect health by placing the residence or place of business into a habitable and sanitary condition within a time period specified by the Chief Executive Officer or designee. 8.2 Upon failure of the occupant, operator, or owner, or agent thereof to comply with such Repair Order, the Chief Executive Officer or Board of Health may issue an additional order, to be affixed conspicuously upon the residence or place of business, to discontinue its use at such a time as identified in the order, until the time that the residence or place of business or part thereof can be placed in a sanitary and habitable condition and the nuisance abated. 8.3 Upon failure of such a residence or place of business to be vacated within the time specified, the Chief Executive Officer or Board of Health may issue a warrant to the Livingston County Sheriff, directing that such residence or place of business be vacated until such time as the nuisance is abated, and the Livingston County Sheriff shall forthwith execute such warrant pursuant to the law. ARTICLE IV - RABIES CONTROL Section 1. Definitions 1.1 "Confinement and observation" refers to the conditions under which apparently healthy dogs, cats, domesticated ferrets, and domestic livestock, which are not exhibiting symptoms of rabies, must be maintained if such an animal has potentially exposed a person to rabies, and the owner wishes to avoid euthanizing and testing the animal. The ten day confinement and observation period must take place, at owner's expense, at an appropriate facility such as an animal shelter, veterinarian's office, kennel or farm for an animal not actively immunized against rabies at the time of the bite. The Chief Executive Officer or designee may allow home confinements and observation for animals actively immunized. Confinement and observation includes verification by the Chief Executive Officer or designee both during and at the end of the ten day period that the animal cannot or has not escaped and has remained healthy. 1.2 "Quarantine" refers to a six month period of restriction for animals which are not actively immunized against rabies and have been exposed to a potentially rabid animal, in accordance with applicable regulations of the department. The quarantine must include provisions to prevent escape of the animal during the quarantine period and to minimize contacts with humans and other animals, and these provisions must be verified by the county health authority during and at the end of the six month period. Section 2. Policy 2.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of rabies to residents of Livingston County by preventing exposure to animals that have been ordered to be confined or quarantined and have been found not properly quarantined or confined. Section 3. Inspection 3.1 In accordance with New York State Sanitary Code Part 2.14, inspection of animals ordered to be confined or quarantined shall be conducted during the confinement or quarantine periods. 3.2 In accordance with the provisions of the New York State Sanitary Code and Sanitary Code, the Livingston County Department of Health may make inspections to determine compliance with applicable provisions of the sanitary code. Section 4. Seizure 4.1 Any duly appointed dog control officer, animal control officer, peace officer, police officer, or health officer may seize and confine any dog, cat or domesticated ferret found at large and may destroy a dog, cat or domesticated ferret found at large that is exhibiting symptoms of rabies and cannot be seized without placing any person at serious risk of physical injury. Any duly appointed person who seizes, confines, or destroys a dog, cat or domesticated ferret pursuant to this section shall immediately report in writing the facts relating thereto to the Chief Executive Officer or designee. 428 REPORT OF THE SUPERVISORS’ PROCEEDINGS

ARTICLE V – FOOD SERVICE ESTABLISHMENTS Section 1. Training 1.1 It is the policy of the Livingston County Department of Health to prevent the potential for the transmission of communicable diseases to residents of Livingston County by reducing the potential for exposure at facilities under the regulation of the Livingston County Department of Health. 1.2 To reduce the potential for the transmission of communicable diseases to residents of Livingston County and visitors to regulated food service establishments in Livingston County, it shall be required that at least one employee of every regulated food service establishment shall have a current certificate of training from a food service training program approved by the Livingston County Department of Health. The receipt of a training certificate shall be based upon attendance at an approved course and achieving a passing grade on testing associated with the course. 1.3 A training certificate shall be obtained within six months of opening a new food service establishment. Section 2. Posting 2.1 To communicate correct practices for food or utensil handling and assist in the continued implementation of those practices, posters identifying the desired handling methods shall be posted at each food service establishment. The posters will be provided by the Livingston County Department of Health and must be placed in a location readily observable by food service workers during their work activities. ARTICLE VI - ENFORCEMENT Section 1. Enforcement. Civil and Criminal Penalties; Hearings; Procedures. 1.1 It shall be the duty of the Board of Health, or their authorized designee, to enforce the provisions of the Public Health Law, the applicable parts of the State Sanitary Code and the Sanitary Code and the Board of Health shall have such powers and duties as conferred upon it by the provisions of the Public Health Law or New York State. 1.2 Pursuant to the provisions of the Public Health Law, the Board of Health, or their authorized designee, may: (i) issue subpoenas which shall be regulated by the Civil Practice Law and Rules; (ii) compel the attendance of witnesses; (iii) administer oaths to witnesses and compel them to testify; (iv) issue warrants to any peace officer in the County or a municipality within the County to apprehend and remove any person or persons as cannot otherwise be subjected to their orders and regulations, and to the Sheriff of Livingston County to bring to its aid the power of the County whenever it shall be necessary to do so; (v) issue repair orders; and (vi) prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, or any of the provisions of the Sanitary Code, or any of the provisions of the State Sanitary Code, after holding a hearing thereon. Such penalties shall not exceed the maximum authorized by the Public Health Law for each violation to be sued for and recovered by the Board of Health, or their authorized designee, in any court of competent jurisdiction. Nothing herein contained shall be construed to exempt an offender from any other prosecution or penalty provided by law. 1.3 Every warrant issued by the Board of Health, or their authorized designee, shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly executed out of a court record of the State. 1.4 Nothing contained in this Section shall be construed to alter or repeal any existing provisions of law declaring such violations or any of them misdemeanors or felonies or prescribing a penalty therefore. 1.5 Pursuant to the provisions of Section 348 of the Public Health Law: (i) provisions of the Sanitary Code shall have the force and effect of law. (ii) certified copies of the Sanitary Code shall be received in evidence in all courts and proceedings in New York State. 1.6 Hearings. The Board of Health, or their authorized designee, may cause to have issued and served upon the person complained against a written notice, together with a copy of the complaint made against him, which shall specify the provisions of the Code, Rule or Regulation of which such person is said to be in violation and a statement of the manner in which that person is said to violate it and shall require the person so complained DECEMBER 28, 2011 429

against to answer the charges of such complaint at a public hearing before the Board of Health, or their authorized designee, or its designated hearing officer at a time not less than fifteen (15) days after the date of service of notice.

The Board of Health, or their authorized designee, may serve, together with a copy of the complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation with the Department of Health, agreeing to correct the violations set forth in the complaint under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing. 1.7 Complaints; Conduct of hearings. (i) The respondent to such complaint may file a written answer thereto and shall appear at such hearing in person with or without counsel, and may submit testimony, or may do both. (ii) The Board of Health may issue subpoenas and administer oaths in connection with any hearing or investigation under and pursuant to this Article, and it shall be the duty of the Board of Health for such purposes to issue subpoenas at the request of and upon behalf of the respondent requiring the attendance of witnesses and the production for examination of any book or paper relating to the matter at any hearing or investigation. (iii) The testimony at the hearing shall be under oath and recorded. 1.8 Order or Determination. After due consideration of the written and oral statements, the testimony and arguments that shall be submitted under the provisions of sub-section 1.7 above, or default in appearance of the respondent on the return day which shall be specified on the notice given in subsection 1.6 above, the Board of Health, or their authorized designee, or designated Hearing Officer may issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall notify the respondent thereof in writing by certified mail or by personal service. 1.9 Review. Any final order or determination or other final action by the Board of Health, or their authorized designee, or designated Hearing Officer and the validity or reasonableness of any code, rule or regulation of the Board of Health shall be subject to review as provided in Article 78 of the Civil Practice Law and Rules. SECTION TWO – All prior enactments of the Sanitary Code of the County of Livingston are hereby repealed. SECTION THREE – This Local Law shall be effective upon filing with the New York State Department of Health and the New York State Secretary of State. Dated at Geneseo, New York December 14, 2011 (Introduction) December 28, 2011 The roll was called as follows: Ayes - 1,731; Noes - 0; Absent – Martello, 21; Adopted.

OTHER BUSINESS 1. REPUBLICAN & DEMOCRATIC CAUCUSES

The Board adjourned at 2:52 p.m. and reconvened at 3:05 p.m.

REPORT OF THE REPUBLICAN CAUCUS To the Board of Supervisors of Livingston County: At a meeting of the Board of Supervisors of the County of Livingston, the Undersigned, being the Republican members of such Board, designate the following newspapers for publication of the designated matters: A. Genesee Country Express Local Laws, Notices, and other matters required to be published (Official Paper) B. Livingston County News Concurrent Resolutions, Tax Sale Notices C. Genesee Country Express Election Notices, Official Canvas We certify that in designating the above newspapers we have considered the newspapers’ advocacy of the principles of the Republican Party, the newspapers’ support of the parties’ nominees and the circulation of the newspaper in Livingston County. 430 REPORT OF THE SUPERVISORS’ PROCEEDINGS

Dated at Geneseo, New York December 28, 2011 Eric R. Gott, Chairman James C. Merrick J. Peter Yendell Mark J. Schuster, Secretary Dennis P. Mahus Daniel L. Pangrazio David L. LeFeber Gary D. Moore Ivan C. Davis Thomas B. Baldwin William S. Wadsworth Brenda B. Donohue Domenick J. Martello (Absent)

REPORT OF THE DEMOCRATIC CAUCUS To the Board of Supervisors of Livingston County: At a meeting of the Board of Supervisors of the County of Livingston, the Undersigned, being the Democratic members of such Board, designate the following newspapers for publication of the designated matters: A. Livingston County News Local Laws, Notices, and other matters required to be published (Official Paper) B. Genesee Country Express Concurrent Resolutions, Tax Sale Notices C. Livingston County News Election Notices, Official Canvas We certify that in designating the above newspapers we have considered the newspapers’ advocacy of the principles of the Democratic Party, the newspapers’ support of the parties’ nominees and the circulation of the newspaper in Livingston County. Dated at Geneseo, New York December 28, 2011 Gerald L. Deming, Chairman Charles J. DiPasquale, Secretary Dominic I. Cosimano Norbert Buckley (Independent)

2. RECOGNITION OF SUPERVISORS County Administrator Ian M. Coyle recognized Lima Supervisor and Chairman of the Human Services Committee Peter Yendell for his 10 years of service. Mr. Yendell approached the podium and was presented an afghan. Mr. Yendell commented that it seems like yesterday and thanked everyone. Next, County Administrator called up Avon Supervisor David LeFeber to recognize him for his 10 years of service. Mr. LeFeber approached the podium and was presented an afghan. Mr. LeFeber stated it has been a pleasure working with everyone and stated the years have flown by. The County Administrator stated the Ossian Supervisor Domenick Martello will be recognized at a later date. Chairman Merrick asked Springwater Supervisor Norbert Buckley to join him at the podium. Chairman Merrick presented a Bulova clock to him, and the County Administrator read the plaque on the back of the clock as follows: In honor of Norbert W. Buckley, 2008-2011, With Sincere Appreciation for Dedicated and Outstanding Service to the Livingston County Board of Supervisors. Mr. Buckley thanked the Board and stated it has been a pleasure working with you. Chairman Merrick asked West Sparta Supervisor Dominic Cosimano to join him at the podium. Chairman Merrick presented a Bulova clock to him, and the County Administrator read the plaque on the back of the clock as follows: In honor of Dominic I. Cosimano, 2010-2011, With Sincere Appreciation for Dedicated and Outstanding Service to the Livingston County Board of Supervisors. Mr. Cosimano thanked the Board and recognized the Board for taking good care of the finances and indicated that is what is most important. He thanked the Board and stated it was good working with you.

ADJOURNMENT Motion made by Mr. Pangrazio and seconded by Mr. Schuster to adjourn until Tuesday, January 3, 2012 at 1:30 p.m. Carried.

The Board adjourned at 3:04 p.m. Happy New Year!