The regular meeting of the Ontario County Board of Supervisors was called to order at 6:30 p.m. with Chairman Fafinski presiding.

Transcription

1 1 The regular meeting of the Ontario County Board of Supervisors was called to order at 6:30 p.m. with Chairman Fafinski presiding. Upon roll call, all Members of the Board were present, with the exception of Mr. Frank Duserick and Mr. Robert LaRocca. Supervisors Duserick and LaRocca were declared necessarily absent. The Pledge of Allegiance was led by Mr. Robert A. Green, Jr. Minutes of the preceding session were approved without being read by motion of Mr. Angelo, seconded by Mrs. Huber, and carried. Chairman Fafinski granted Privilege of the Floor to FLCC President, Dr. Barbara Risser, regarding college updates. Dr. Risser indicated that SUNY Chancellor, Nancy Zimpher, will be speaking at the FLCC Victor Campus Center with regard to SUNY s partnering with businesses in the community. Dr. Risser invited Board members to attend this event being held March 25, Supervisor Samuel Casella requested Privilege of the Floor for Farm Bureau representatives; Lisa Grefath, President and Ryan Akin, Vice-President. Ms. Grefath thanked the Board members for their support of the Farm Bureau and went on to introduce Mr. Ryan Akin. Mr. Akin invited Board members to a tour being given of EL- VI Farms in Newark, NY, on April 16, He explained that the tour is to educate people on how farm businesses are run and how they protect the environment, and to make a connection with the non-agricultural community and the farming operations. The tour will include demonstrations, as well as having experts on hand to provide information. Supervisor John Sheppard requested Privilege of the Floor for Katherine Bennett- Roll. Ms. Bennett-Roll spoke in opposition to the proposed resolution to hire Barton & Loguidice with regard to the Ontario County Solid Waste Plan. It is her opinion that the plan is being pushed to completion so that the county can submit an application for another expansion. Ms. Bennett-Roll felt that funds were being expended to increase the waste being brought to the landfill, while no funding is being provided for zero waste projects to decrease waste. Supervisor Evangelista requested Privilege of the Floor for Douglas Knipple. Mr. Knipple, President of the Finger Lakes Zero Waste Coalition, spoke in opposition to the proposed resolution regarding the Ontario County Solid Waste Plan stating that it is an unnecessary expense of public money. Mr. Knipple argued that by hiring an outside firm to complete the Plan, he felt that it removes the Plan and process from public view. Mr. Knipple went on to indicate that he believes there exists potential conflicts of interest in hiring Barton & Loguidice to work on the Solid Waste Plan as Barton & Loguidice is a firm that Casella uses in Ontario County. Mr. Knipple urged that the county s Solid Waste Plan be guided by zero waste principles, and urged the Board to vote no on the proposed resolution, or, at a minimum, to table said resolution so that the Environmental Quality Committee can address the concerns of the Finger Lakes Zero Waste Coalition and to more fully defend its recommendation. Supervisor Robert Green requested Privilege of the Floor for Mr. Wayne Houseman. Mr. Houseman spoke with regard to rifle use for big game hunting. He provided a brief history and chronological order of the actions that have occurred with regard to

2 REGULAR MEETING 2 submitting this request to the legislation. Mr. Houseman noted that the legislation was approved in the Assembly, with no action being taken in the Senate, and now it is necessary to resubmit the request. Mr. Houseman urged Board members to vote yes on the proposed resolution in support of rife use for big game hunting in southern Ontario County. Supervisor Singer requested Privilege of the Floor for Mr. Edwin Bott. Mr. Bott spoke in opposition to the proposed resolution allowing rifle use for big game hunting. He indicated that he owns property in the southern portion of Ontario County, and he is a member of the NRA. Mr. Bott did not feel that the request for a change in the law to allow rifle use for big game hunting was being advocated as a safety issue. He went on to say that he did not feel that a change in the law is being recommended because of deer over-population, as no one is requesting a change in the number of permits being issued. Mr. Bott stated that this request is being made because someone wants to change a law as they prefer to hunt with a rifle. He is asking for respect to the neighbors who are affected by this legislation, and urged a vote of no. At this time, Chairman Fafinski announced that Ontario County Employees received a Certificate of Achievement from the American Red Cross for ongoing efforts in support of the American Red Cross Blood Services Program. The Clerk presented copies received of minutes of meetings held as follows: a.) Inter-County Association of Western New York held November 19, b.) Joint meeting of the Inter-County Association of Western New York and Inter- County Legislative Committee of the Adirondacks held February 9, c.) Alternatives to Incarceration Advisory Board Meeting, Held December 6, d.) Finger Lakes Resource Conservation & Development Council, held January 19, e.) Financial Management Committee held January 19, and February 16, f.) Ontario County Industrial Development Agency, held January 24, g.) Environmental Quality Committee held January 25, and February 17, h.) Planning & Research Committee held January 26, i.) Insurance Committee held February 1, j.) VAVS/Community Council Committee held February 2, k.) FLCC Projects Committee held February 3, l.) Public Safety Committee held February 7, m.) Finger Lakes Community College Board of Trustees, Finance & Facilities and Education & Planning Committees held February 9, n.) Health & Medical Services Committee held February 9, o.) Personnel Committee held February 9, p.) Human Services Committee held February 10, q.) Governmental Operations & Improved Methods Committee held January 18, FILED. The Clerk presented communication received from the New York State Association of Counties as follows: i. Draft of the Executive State Budget County Impact Summary dated February 23, ii. iii. Information regarding the Dental Network Card Program. Letter regarding the PRO ACT Public Employees Rx Savings Program dated February 28, 2011.

3 3 FILED. The Clerk presented Notice of Obligational Authority additional approvals under the TAA Participant Funding Request, received from the New York State Department of Labor, dated February 25, FILED. The Clerk presented Notice of Obligational Authority funding support for the National Emergency Grant on the job training services, received from the New York State Department of Labor, dated February 25, FILED. The Clerk presented letter regarding criteria used by NYSERDA received from Assembly Minority Leader Brian M. Kolb, dated February 24, The Clerk presented Statewide Mass Transportation Operating Assistance (STOA) payment schedule received from the New York State Department of Transportation, dated January 27, FILED. The Clerk presented notification of the appointment of Hon. Craig J. Doran as the new Administrative Judge for the Seventh Judicial District, dated March 1, FILED. The Clerk presented copy of letters sent by the Ontario County Chairman of the Board to the state legislatures regarding the proposed elimination of the Workforce Investment Act (WIA). FILED. The Clerk presented copy of letter sent by the County Administrator to the NYS Department of Conservation requesting guidance on the county 10-year solid waste plan, dated February 17, FILED. The Clerk presented copy of letter sent by the County Administrator to the Seneca County Manager, Wayne County Administrator, and the Yates County Administrator regarding the removal of Ontario County as a member of the Western Finger Lakes Solid Waste Management Authority. FILED. The Clerk presented memorandum including instruction regarding the Capital Improvement Plan process and schedule, sent by the Ontario County Planning Department, dated February 22, FILED. The Clerk presented correspondence regarding the proposed legislation of rifle hunting for big game in southern Ontario County received from the following: i. William D. Button, dated February 18, ii. Jerri J. Meys, dated February 18, FILED. The Clerk presented correspondence received from Doug Finch, Chief of Staff, for Assembly Leader Brian Kolb, regarding the rifle bill for Ontario County, dated March 1, FILED. The Clerk presented letter received from Supervisor Bradley E. Jones, Town of Italy NY, regarding the Environmental Review of Capital Project No , dated March 1, FILED.

4 REGULAR MEETING 4 The Clerk presented notice of meeting, along with attached meeting materials received from the Genesee Transportation Council, dated March 1, FILED. The Clerk presented Office for the Aging, 2010 Annual Report. FILED. The Clerk presented Ontario County Clerk s Office 2010 Annual Report. FILED. The Clerk presented Finger Lakes Community College Student Services Center & Auditorium Project, Phase 1A, January 2011, Monthly Report, received from LeChase Construction. FILED. The Clerk presented acknowledgment of receipt of Ontario County Resolution No. 93, 2011, received from Assemblyman Brian M. Kolb, dated February 28, FILED. The Clerk presented correspondence received from Dr. Graham Hoffman, President of the Ontario County Conservation Federation regarding the proposed rifle legislation, dated March 9, FILED. The Clerk presented letter received from Gary R. Hooper regarding the proposed rifle legislation, dated March 8, FILED. The Clerk presented Ontario County Real Property Tax Services Agency, 2010 Annual Report. FILED. The Clerk presented Finger Lakes Resource Conservation & Development Council, 2010 Annual Report. FILED. The Clerk presented Ontario County Financial Report for Year Ending FILED. The Clerk presented letter sent by the Ontario County Planning Department to Bradley E. Jones, Supervisor Town of Italy, to address comments regarding the FGEIS for Capital Project No , dated March 9, FILED. Mr. Champlin, Office for the Aging Advisory Board, mentioned that nominations are being accepted for the 24th annual Senior Volunteers of the Year Award ceremony. He encouraged all to give some thought to submitting a nomination. Mr. Baker offered the following resolution and moved its adoption, seconded by Mr. Sheppard: RESOLUTION NO HIRING PROFESSIONAL SERVICES FOR ONTARIO COUNTY SOLID WASTE PLAN WHEREAS, Ontario County initiated work on completion of a 10-year Solid Waste Plan in accordance with the requirements of Section of the New York State Department of Environmental Conservation s (NYSDEC s) solid waste management regulations; and WHEREAS, NYSDEC has encouraged the County to complete work on this Solid

5 5 Waste Management Plan not later than July 2011; and WHEREAS, Ontario County has previously contracted with Barton and Loguidice P.C. to conduct planning and engineering work at the County-owned landfill and is intimately familiar with the nature, data, and operations of the County waste management facilities and operations; and WHEREAS, Barton and Loguidice P.C. has expressed an interest to work with County staff to complete all work necessary to comply with State law, and has submitted a proposal dated February 1, 2011 that would accomplish this work; and WHEREAS, The Environmental Quality Committee recommends acceptance of the proposal received from Barton and Loguidice P.C. dated February 1, 2011, which is on file with the Clerk of this Board; and WHEREAS, The County is in receipt of unallocated revenue received pursuant to the Operations and Maintenance Lease Agreement with Casella Waste Systems of New England representing proceeds due for accepting each ton of waste over 617,000 tons during 2010; and WHEREAS, Said revenues must be transferred into an appropriate line item to fund the consultant services contemplated herein; now, therefore, be it RESOLVED, The Ontario County Board of Supervisors hereby authorizes the following budget transfers: and further To: A8160R2189 Lease Payment Agreement +$50, To: A8160E4560 Agency Contract B +$50, RESOLVED, That the Ontario County Board of Supervisors hereby accepts the proposal of Barton and Loguidice P.C., 290 Elwood Davis Road, Box 3107, Syracuse, New York 13220, as described in their letter dated February 1, 2011, as amended herein to provide professional consultant services in regard to preparing the 10-year Solid Waste Management Plan for Ontario County at a cost not to exceed Thirty Thousand Eight Hundred Dollars ($30,800.00); and further RESOLVED, That the cost of said contract be funded from line item A8160E4560 Consultation and Professional Agency Contract B; and further RESOLVED, That further work may be required in response to comments and directives by the NYS DEC after submission of the draft plan for state review and that $19, shall be reserved for such purpose; and further RESOLVED, That no additional funds shall be paid to the contractor unless deemed necessary and authorized by the Board of Supervisors; and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute a contract with said firm for said amount, subject to review and approval by the Office of the County Attorney; and further

6 REGULAR MEETING 6 RESOLVED, That the term of said contract shall commence on March 11, 2011, and terminate on December 31, 2011; and further RESOLVED, That the Department of Finance is directed to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further Board to the Finance Department, and Mr. Paul R. Czerwinski, P.E., Senior Vice President of Barton and Loguidice, P.C. Mr. Baker, Chairman of the Environmental Quality Committee, explained that New York State is requiring Ontario County to have a Solid Waste Management Plan in place and adopted by July of Originally, the committee felt that this plan could be done in house by the Planning Department; however, due to the deadline imposed by the State, the Planning Department is unable to take on another large project at this time. Mr. Baker went on to indicate that this matter has been on the Environmental Quality agenda for several meetings and has been discussed at length. Mr. Baker responded to comments by the public made earlier this evening remarking that perhaps the county is moving in the wrong direction with regard to solid waste. Mr. Baker stated that many of the tasks being done at the county are items that Finger Lakes Zero Waste Coalition has asked the county to do; and now these same individuals are having objections. Mr. Baker felt that the Environmental Quality Committee has had the county s best interest right along, and urged the approval of this resolution. Mrs. Singer clarified comments made by the public that the county asked Casella Waste Management to write the County Solid Waste Management Plan. She stated that Casella Waste Management was never asked to write the Plan, and they were only asked for information and data that was needed to incorporate into the Plan. The state handed down a directive, and now the county has to jump through hoops in order to comply. Mr. Sheppard spoke to the issue of transparency, indicating that there has been at least three opportunities for public engagement in the solid waste plan. There were two public input meetings held at the Seneca Town Recreation Center, and one at the Seneca Town Board meeting. Mr. Sheppard went on to indicate that the request for proposals for the solid waste plan specifically states that Barton & Loguidice is to have public hearings to accommodate the issues of the public. Mr. Evangelista agreed with the comments of the supervisors who serve on the Environmental Quality Committee, respecting their diligence in working on landfill matters. He recalled the time when the county operated the landfill and described the pitfalls of that venture. Mr. Evangelista proceeded to indicate that having Casella Waste manage the landfill has kept the county s tax rate from increasing by 34%. However, he does agree that the county needs to have some input into landfill matters. Mr. Evangelista commented on the vigilance of the Finger Lakes Zero Waste group, and their followers, with regards to the gasification project; however, he is unsure what stage that project is in, and whether it is proceeding. Mr. Evangelista spoke with regard to the leachate that was being treated at the waste water treatment center for over 30 years providing substantial income to the City of Geneva. At the persistence of the Finger Lakes Waste Coalition and similar groups, that leachate is no longer being taken in, forcing the Geneva City Council to ascertain with how they are going to come up with that loss of income. Mr. Evangelista remarked that he agreed with pre-treating the leachate at the landfill,

7 7 which is another matter that the county contracted with Casella Waste to manage. Mr. Evangelista commented that the landfill is still a county owned function, being managed by a business, and what the county gets out of that successful business far out weighs some of the negativity of having a landfill in our county. Resolution No was adopted. Unanimous approval was given to Mr. Marshall s request to take agenda item no. 38 out of order. Mr. Marshall offered the following resolution and moved its adoption, seconded by Mr. Marren: RESOLUTION NO HOME RULE REQUEST FOR LEGISLATION USE OF RIFLES, SOUTHERN ONTARIO COUNTY DEFEATED WHEREAS, This Board of Supervisors, pursuant to Resolution No and Resolution No , requested that the New York State Legislature enact legislation allowing the use of rifles for the hunting of deer and bear in areas of Ontario County south of NYS Route 20; and WHEREAS, Bills were introduced in the Assembly and Senate in session years 2009 and 2010; and WHEREAS, An error in the 2009 legislation as introduced by the legislature caused the Governor to veto the bill at the request of the Ontario County Board of Supervisors; and WHEREAS, The resubmitted legislation in 2010 was passed by the Assembly but not taken up in the 2010 session by the Senate; and WHEREAS, This Board of Supervisors was notified by the Legislature that, because of the newly elected Legislature, the legislation could not be acted upon in 2011 without resubmission with a new resolution from the Board of Supervisors; and WHEREAS, This Board of Supervisors feels compelled to again request action on this legislation; and WHEREAS, The Planning and Research Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That the Board of Supervisors of the County of Ontario approves the legislation as set forth in Senate Bill No. S and Assembly Bill No. A entitled AN ACT to amend the Environmental Conservation Law, in relation to allowing the use of rifles for hunting in certain portions of Ontario County ; and further RESOLVED, That this Board of Supervisors approves the home rule request for the passage of Senate Bill No. S and the home rule request for the passage of Assembly Bill No A ; and further

8 REGULAR MEETING 8 RESOLVED, That the Clerk of the Board of Supervisors is authorized and directed to execute the required home rule request and transmit the appropriate forms to the Senate and Assembly Home Rule Counsels. Mr. Marshall began by reminding the Board that the aforementioned resolution was pulled from the last meeting s agenda as the Planning & Research Committee needed additional time to seek answers to additional questions that had arisen. Mr. Marshall indicated that these questions were answered to the satisfaction of the committee. Mrs. Huber noted her frustration in having to deal with this resolution over the past three years. She recently received an automated update on the rifle bill as it relates to the NYS Senate, which indicated that not only has the bill gone through the State s Environmental Committee, but it is now in its third reading on the floor of the Senate. Be that as it may, she cautioned this Board against reflecting the actions of the State Senate and encouraged a vote on this resolution. Mrs. Huber commented that this is the first contentious issue in her term where she felt the Board was actually voting on town issues as opposed to what is best for the county. Regardless of whether the resolution passes tonight, Mrs. Huber felt that the sportsmen organizations and individual hunters need to support a resolution for the entire county and get it to their state legislators who would, in turn, forward it to the county for a home rule request. This issue should include the entire county, so the county Board may act accordingly, and not have the situation where towns are pitted against one another. Mrs. Huber went on to point out that on October 11, 2011, there will be fifteen counties whose three-year sunset clauses on rifle hunting will be expired. It would be her hope that the sportsmen will have something pulled together by that date. Mr. Baker agreed with Mrs. Huber s summation. In particular, Mr. Baker agreed that this matter is a town issue, and that the majority of the supervisors for those towns affected voted no the last time this resolution was presented. Mr. Baker commented that fellow supervisors need to honor the majority, and respect this issue for their towns. Mr. Sheppard stated that he did not feel this was a safety issue, as rifle use on other game is allowed in Ontario County. Mr. Sheppard pointed out statistics show that in 2010, out of 4,400 road patrol calls, 1,243, or over 28%, of those incidents, were deer/vehicle mishaps. If the same road patrol took all of the weapon involved calls of the NATION over the past decade, there wouldn t be one injury as a result of a hunter s weapon. It doesn t happen. So we are dealing with preferences and a popularity issue. At this time, Mr. Sheppard made the motion, seconded by Mrs. Green, to call the question. Chairman Fafinski asked for a roll call vote on Resolution No A simple majority roll call vote resulted as follows: Ayes: 1,615 Supervisors Casella, Huber, Fafinski, Calabrese, Gallahan, Sheppard, and Champlin. Noes: 2,157 Supervisors Robert Green, Singer, Baker, Russell, Luckern, Evangelista, Ninestine, Mary Green, Teed, Angelo, Marshall, and Marren.

9 9 Absent: 320 Supervisors Duserick and LaRocca. Resolution No was defeated as there were not the required 2,047 weighted votes necessary for adoption. Mr. Baker offered the following resolution and moved its adoption, seconded by Mr. Sheppard: RESOLUTION NO TRANSFER OF FUNDS 2011 COUNTY BUDGET WHEREAS, Budget Transfer Request Forms have been received by the Financial Management Committee after being reviewed and approved by the appropriate standing committee overseeing each department; and WHEREAS, The Financial Management Committee has reviewed and approved the following transfers; now, therefore, be it RESOLVED, That the following transfers be made: and further Board to the Finance Department. Adopted. Miss Luckern offered the following resolution and moved its adoption, seconded by Singer: RESOLUTION NO AUTHORIZATION OF GRANT EXTENSION AGREEMENTS WITH THE NYS BOARD OF ELECTIONS FOR HELP AMERICA VOTE ACT FUNDS WHEREAS, The New York State Board of Elections has provided several contract extensions to the Ontario County Board of Elections for the following contracts: Contract # Title Amount Period T NYS Voting Access for Persons with Disabilities Poll Place Access Improvement $31,437 April 1, 2011 March 31, 2012

10 C T and REGULAR MEETING Voter Education/Poll Worker Training Program 2007 HHS Voting Access for Persons with Disabilities Poll Place Access Improvement $62,874 April 1, 2011 March 31, 2012 $ 3846 April 1, 2011 March 31, WHEREAS, Resolution No and Resolution No authorized the original acceptance of said grants; and WHEREAS, The Commissioners of Elections are willing to accept the terms of the contract extension agreements with the New York State Board of Elections; and WHEREAS, Authorization by the Ontario County Board of Supervisors is required for the County Administrator to sign said contract extension agreements; now, therefore be it RESOLVED, That the County Administrator is hereby authorized to sign contract extension agreements with the NYS Board of Elections for contracts T002674, C002558, and T002799; and further Board to the Finance Department. Adopted. Mrs. Huber offered the following block of four resolutions and moved its adoption, seconded by Mrs. Green: RESOLUTION NO AUTHORITY TO RENEW AND AMEND PROFESSIONAL CONSULTANT SERVICE CONTRACT, ONTARIO COUNTY HEALTH FACILITY WHEREAS, The Ontario County Health Facility desires to renew professional consultant service contract is required to implement programs for the Health Facility; and WHEREAS, The terms and conditions of the respective service is set forth in contract on file in the Office of the Clerk of the Board of Supervisors; and WHEREAS, The following professional consultant service contract is required by the Health Facility: and Contractor Professional Service 2011 Budget Pecora, Sandra A. Social Work Consultant Services $7,500 WHEREAS, The 2011 county budget provides funding for the respective contract where appropriate; and

11 11 WHEREAS, The Health Facility Administrator and the Health and Medical Services Committee recommend said contract; now, therefore, be it RESOLVED, That on the recommendation of the Health and Medical Services Committee, the Ontario County Board of Supervisors hereby authorizes the aforementioned listed professional contract; and further RESOLVED, That the contract be for the period March 1, 2011, through December 31, 2011; and further RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute contract between the Ontario County Health Facility and the respective professional service consultant; and further RESOLVED, That the Department of Finance is authorized to make the necessary accounting and budget entries to effect the intent of this resolution; and further RESOLVED, That copies of this resolution be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORIZATION TO APPROPRIATE HEALTH FACILITY CAPITAL RESERVE FUNDS ONTARIO COUNTY HEALTH FACILITY WHEREAS, Resolution No established a capital improvement reserve fund pursuant to Section C of the General Municipal Law for the purpose of financing capital improvements and major equipment items; and WHEREAS, Resolution No authorized a $35, transfer from the Health Facility s Capital Reserve to assist in the funding of an online physician pharmacy order system; and WHEREAS, Resolution No authorized a contract with 6N Systems to install the online physician pharmacy order system at a first year cost not to exceed $42,100; and WHEREAS, The project incurred $17,000 in expenses in December 2010 resulting in the return of $18, back to the Health Facility s Capital Reserve on December 31, 2010; and WHEREAS, An additional $9,000 is needed to complete the project in 2011; and WHEREAS, The cost of the project is within the contracted amount; and WHEREAS, The Health & Medical and Financial Management Committees have reviewed this request and recommend the use of the reserve to complete the purchase of the electronic medication orders system; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors authorizes the use of the reserve to purchase the electronic medication orders system for the Health Facility; and further

12 REGULAR MEETING 12 RESOLVED, That the following transfer be made in 2011: RESOLVED, That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further Board to the Finance Department. RESOLUTION NO AUTHORITY TO ACCEPT GRANT AWARD NEW YORK STATE DEPT. OF HEALTH CHILDHOOD LEAD POISONING PREVENTION PROGRAM PUBLIC HEALTH WHEREAS, Ontario County Public Health has been a continuous provider of the Childhood Lead Poisoning Prevention Program as part of its Public Health responsibilities; and WHEREAS, The New York State Department of Health requests that counties approve participation in the program for five-year cycles with annual grant awards to support the program; and WHEREAS, It is necessary to authorize the renewal of the Childhood Lead Poisoning Prevention Program for the five-year contract term of October 1, 2010, through September 30, 2015; and WHEREAS, A grant award in the amount of $28,480 has been approved by the New York State Department of Health for the period October 1, 2010, through September 30, 2011; and WHEREAS, The Director of Public Health and Health & Medical Services Committee recommend continuing participation in the program and renewing the agreement authorizing the grant award for $28,480; and WHEREAS, The anticipated grant award has been included in the 2011 county budget; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized to accept the grant award of $28,480 for the period of October 1, 2010, through September 30, 2011; and further RESOLVED That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further

13 13 Board to the Finance Department. RESOLUTION NO AMENDMENTS TO RESOLUTION NO : INCREASING STATE AID FROM NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES WHEREAS, Resolution No authorized certain Community Services Board contracts for the provision of Alcoholism Clinic Services and Prevention and Education Services as follows: and Agency Services Amount FLACRA Alcoholism Clinic Services $654,594 WHEREAS, The New York State Office of Alcoholism and Substance Abuse Services has allocated additional 100% state aid as follows: and Agency Reason For Increase Amount FLACRA Additional funding for personnel services costs $9,000 WHEREAS, The following budget transfer funds the increases in 2010 revenue and expenses for the respective agencies: and To: A4310R4492 State Aid (Federal) $9,000 A4310E4630 FLACRA $9,000 WHEREAS, The Director of Community Services and the Health and Medical Services Committee recommend the following new not-to-exceed contract amounts for 2010: FLACRA $663,594 now, therefore, be it RESOLVED, This Board of Supervisors approves the above-cited 2010 contract amendments and budget transfer; and further RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute the amendment agreements with FLACRA and the Council on Alcoholism; and further Board to the Finance Department. The foregoing block of four resolutions was adopted. Mr. Marshall offered the following block of two resolutions and moved its adoption, seconded by Mr. Champlin:

14 REGULAR MEETING 14 RESOLUTION NO APPROVAL AGREEMENT; OFFICE FOR THE AGING/BISHOP SHEEN ECUMENICAL HOUSING FOUNDATION, INC. (SHEEN HOUSING) 2011 WHEREAS, The County desires to enter into an agreement with Bishop Sheen Ecumenical Housing Foundation, Inc. (Sheen Housing), 935 East Avenue, Suite 300, Rochester, New York 14607, for Weatherization Referral and Packaging Program (WRAP) funds in the amount of $28,196.00, present and available in the 2011 County Budget, for the program year April 1, 2011, through March 31, 2012; and WHEREAS, The Weatherization Referral and Packaging program (WRAP) serves eligible low income, energy vulnerable elderly households sixty (60) years of age and over who would benefit from weatherization and other energy conservation services; and WHEREAS, The Contractor will assume responsibility for performance of outreach activities for the elderly consistent with WRAP program regulations; and WHEREAS, The Human Services Committee has reviewed and recommends entering into an agreement with Bishop Sheen Ecumenical Housing Foundation, Inc. (Sheen Housing) for administration of these funds on behalf of eligible Ontario county senior citizens in an amount not to exceed $ 28,196.00; and WHEREAS, Upon approval of the New York State Budget, should the projected allocation amount of $28, not concur with the final allocation listed in the New York State budget, an amendment to this resolution will be brought before this committee for approval; now, therefore, be it RESOLVED, That this Board of Supervisors does hereby authorize a contract for the 2011 Program Year between the Office for the Aging and Bishop Sheen Ecumenical Housing Foundation, Inc. (Sheen Housing), at a cost not to exceed $28,196.00; and further RESOLVED, That the WRAP funding will be carried over to March 31, 2012; and further RESOLVED, That the County Administrator is hereby authorized and directed to sign said contract on behalf of the County; and further Board to Bishop Sheen Ecumenical Housing Foundation, Inc. (Sheen Housing), New York State Office for the Aging, and the Finance Department. RESOLUTION NO AUTHORIZATION AGREEMENT OFFICE FOR THE AGING MR. GRAB BAR, LLC WHEREAS, The Office for the Aging wishes to enter into an agreement with Mr. Grab Bar, LLC for purchase and installation of ancillary equipment for EISEP clients in an amount not to exceed $6,000.00; and WHEREAS, Mr. Grab Bar, LLC., 18 Southwick Drive, Webster, NY 14580, has

15 15 indicated a desire and willingness to purchase and install ancillary equipment for EISEP clients in Ontario County; and WHEREAS, The total cost for a one-year agreement starting April 1, 2011, and concluding on March 31, 2012, will be six thousand dollars ($6,000.00) which is present in the Office for the Aging 2011 budget; and WHEREAS, Reimbursement for services to the Contractor will be in an amount not to exceed $45.00 per hour for labor, 40% above cost for ancillary equipment and $ cost for a home inspection; and WHEREAS, The Human Services Committee has reviewed and recommended that this proposal be accepted; now, therefore, be it RESOLVED, That the County will enter into an agreement with Mr. Grab Bar, LLC for the purchase and installation of ancillary equipment for EISEP Clients at a cost not to exceed $6,000.00; and further RESOLVED, That reimbursement for services to the Contractor will be in an amount not to exceed $45.00 per hour for labor, 40% above cost for ancillary equipment and $ cost for a Home Inspection; and further RESOLVED, That this Board of Supervisors does hereby authorize an agreement for the period April 1, 2011, to March 31, 2012, with Mr. Grab Bar, LLC with a copy of said agreement being on file in the Office of the Clerk of this Board; and further RESOLVED, That the County Administrator is hereby authorized to execute, on behalf of the County, said agreement as described in the contract on file with the Clerk of this Board; and further Board to Mr. Grab Bar, LLC, New York State Office for the Aging, and the Finance Department. The foregoing block of two resolutions was adopted. Mrs. Singer offered the following block of three resolutions and moved its adoption, seconded by Mr. Baker: RESOLUTION NO ABOLISHMENT OF LICENSED PRACTICAL NURSE POSITION CREATION OF LICENSED PRACTICAL NURSE, PART-TIME POSITIONS HEALTH FACILITY WHEREAS, Ms. Susan M. Sikes, Director of Nursing Services, has requested that a position of Licensed Practical Nurse be abolished and two positions of License Practical Nurse, Part-Time be created; and WHEREAS, The Personnel Committee recommends the abolishment of the Licensed Practical Nurse position, effective March 20, 2011, the retirement of the incumbent, and creation of two Licensed Practical Nurse, Part-Time positions, effective March 20, 2011; and

16 REGULAR MEETING 16 WHEREAS, Sufficient funding exists within the Health Facility 2011 Budget for this creation; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby authorize the following: Abolishment of a position of Licensed Practical Nurse (Grade A8) (02067/#2) which was created by Res. C on December 29, 1966 by Survey Completed 1966, and reviewed by Res. B on October 31, 1973, by Survey Completed 1973, effective upon the retirement of the incumbent. Creation of two positions of Licensed Practical Nurse, Part-Time (Grade A8) (12067/#2 and #3), classified by POCC # effective March 20, 2011; and further RESOLVED, That a certified copy of this resolution shall be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO CREATION OF POSITION CORRECTION OFFICER (DBL) ONTARIO COUNTY OFFICE OF SHERIFF WHEREAS, Sheriff Philip C. Povero, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create temporarily during the disability of a Correction Officer in the Office of Sheriff; and WHEREAS, Said position has been classified as Correction Officer (DBL) by Personnel Officer Certification No ; and WHEREAS, The County Administrator and the Personnel Committee recommend the creation of this position; now, therefore, be it RESOLVED, That the position of Correction Officer (DBL) (01261/#94) be created effective upon the first day of the disability and until such time as the incumbent returns from disability; and further RESOLVED, That the Ontario County Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further Board to the Finance Department. RESOLUTION NO CREATION OF POSITION ACCOUNT CLERK-TYPIST (DBL) FINGER LAKES COMMUNITY COLLEGE WHEREAS, Ms. Grace Loomis, Director of Human Resources, FLCC, has filed a New Position Duties Statement with the Director of Human Resources for a position she would like created temporarily while an Account Clerk-Typist is on disability; and

17 17 WHEREAS, Said position has been classified as Account Clerk-Typist (DBL) by Personnel Officer Certification No ; and WHEREAS, Sufficient funds exist within the appropriate line items in the Finger Lakes Community College budget; and WHEREAS, The Finger Lakes Community College Board of Trustees recommends the creation of this position on a temporary basis, without benefits; now, therefore, be it RESOLVED, That a position of Account Clerk-Typist (DBL) be created effective February 15, 2011, until such time as the incumbent returns from disability; and further Board to the Finance Department, and the Director of Human Resources at FLCC. The foregoing block of three resolutions was adopted. Mr. Marshall offered the following block of four resolutions and moved its adoption, seconded by Mr. Marren: RESOLUTION NO AUTHORIZING AGREEMENT WITH FAIRWEATHER CONSULTING IN CONNECTION WITH REQUEST FOR PROPOSAL DEVELOPMENT, EVALUATION AND OVERSIGHT OF CONSULTANTS RELATED TO ALTERNATIVE CONFIGURATION OF ECONOMIC DEVELOPMENT DELIVERY SYSTEM WHEREAS, On September 16, 2010, the Board of Supervisors approved Resolution No , adopting the 2010 Ontario County Updated Strategic Plan (herein referred to as the Strategic Plan ); and WHEREAS, Fairweather Consulting worked with Ontario County staff to develop the Strategic Plan; and WHEREAS, The Strategic Plan recommends that a blueprint for a economic development structure be created within one year of the strategy adoption; and WHEREAS, The County desires to obtain professional consultant services in connection with assistance in development of an RFP, assistance in oversight of consultant selection and review of consultant s work related to evaluation of alternative configurations of economic development delivery system; and WHEREAS, Sufficient funds exist within the Office of Economic Development budget for said services; and WHEREAS, The Planning and Research Committee has reviewed the matter and recommends that Fairweather Consulting be awarded a one-year contract for evaluation of alternative configurations of economic development delivery system; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby award a one-year contract to Fairweather Consulting, 124 Main Street, Suite 2, New Paltz, New

18 REGULAR MEETING 18 York 12561, to provide evaluation of alternative configurations of economic development delivery system services for an amount not to exceed $12,100; and further RESOLVED, That the Ontario County Board of Supervisors does hereby authorize said contract to begin March 15, 2011, and end March 15, 2012; and further RESOLVED, That the Ontario County Administrator be authorized to sign the contract, subject to review and approval of the Ontario County Attorney; and further RESOLVED, That the Department of Finance is authorized to make all necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That copies of this resolution be sent by the Clerk of this Board to Fairweather Consulting and Finance Department. RESOLUTION NO RESOLUTION TO ESTABLISH A PUBLIC HEARING FOR THE INCLUSION OF VIABLE AGRICULTURAL LAND TO COUNTY AGRICULTURAL DISTRICT 1 WHEREAS, In accordance with Article 25 AA 303-b. of the New York State Agriculture and Markets Law, this Board of Supervisors established by Resolution No an annual thirty (30) day period within which a land owner may submit to the Board of Supervisors a request for inclusion of viable agricultural land within a certified agricultural district prior to the county established review period; and WHEREAS, Dale and Nancy Sadler have requested that the Ontario County Board of Supervisors recommend to the NYS Commissioner of Agriculture and Markets that sixtythree acres of viable farmland located at 5832 Yahn Road in the Town of Farmington (Tax Map No ) that parcel be included to Agricultural District 1; and WHEREAS, Such a request requires a public hearing be held for the purpose of hearing comments on any inclusions proposed thereto; now therefore, be it RESOLVED, That a public hearing on the proposed inclusion of land to Agricultural District No. 1 be scheduled for 6:30pm on Thursday, March 31, 2011, in the Board of Supervisors Sessions Room on the third floor of the Ontario County Court House, 27 North Main Street, Canandaigua, New York; and further RESOLVED, That the Clerk of the Ontario County Board of Supervisors be directed to give public notice to all interested parties in accordance with the provisions of Article 25AA of the New York State Agriculture and Markets Law; and further Board to the Finance Department, and Dale and Nancy Sadler. RESOLUTION NO TRANSFER OF GIS EQUIPMENT REPLACEMENT & UPGRADES RESERVE FUNDS TO REPLACE GLOBAL POSITIONING SYSTEM (GPS) EQUIPMENT WHEREAS, In 2004 Ontario County Departments of Public Works and Planning,

19 19 purchased two (2) handheld Global Positioning Systems (GPS); and WHEREAS, Because of technological advances these units are in need of replacing; and WHEREAS, A written quote submitted by Waypoint Technology Group, based on NYS Contract (PT64163), was obtained to replace said GPS Units in the amount of $16,482; and WHEREAS, The Department of Public Works has budgeted $8,500 for said upgrade; and WHEREAS, The Capital Improvement Plan identifies Project EQ 2-06 GIS- Equipment Replacement & Upgrades and contains sufficient funds to cover the remaining balance; and WHEREAS, The Planning & Research Committee and the Financial Management Committee have reviewed and recommend a Budget Transfer from the GIS Equipment Replacement & Upgrades Reserve Fund in the amount of Seven Thousand Nine Hundred Eighty Two Dollars ($7,982.00); now, therefore, be it RESOLVED, That the Board of Supervisors does hereby approve a budget transfer from the GIS Equipment Replacement & Upgrades Reserve Fund in the amount of Seven Thousand Nine Hundred Eighty Two Dollars ($7,982.00) to be used to upgrade GPS Equipment; and further RESOLVED, The following budget entries shall be made: and further A 0511B 7202 Appropriated GIS Reserve + $7,982 A 8020E 2300 Data Processing Equipment + $7,982 RESOLVED, That the County Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That the County Purchasing Department is authorized to submit a Purchase Order to Waypoint Technology Group in the amount of $16,482 as indicated in their written quote; and further RESOLVED, That certified copies of this resolution be to sent by the Clerk of this Board to the Finance Department. RESOLUTION NO TRANSFER OF GIS EQUIPMENT REPLACEMENT & UPGRADES RESERVE FUNDS TO REPLACE PLANNING DEPARTMENT PRINTER WHEREAS, The Capital Improvement Plan identifies Project EQ 2-06 GIS Equipment Replacement & Upgrades Reserve; and WHEREAS, The Ontario County Planning Department is in need of upgrading it s existing computer printer that supports the departments GIS function; and

20 REGULAR MEETING 20 WHEREAS, A written quote submitted by Brite Computers, based on NYS Contract (PT59176) pricing, was obtained to upgrade said computer printer in the amount of $6,923; and WHEREAS, The Planning & Research Committee and the Financial Management Committee have reviewed and recommend a Budget Transfer from the GIS Equipment Replacement & Upgrades Reserve Fund in the amount of Six Thousand Nine Hundred Twenty Three Dollars ($6,923.00); now, therefore, be it RESOLVED, That the Board of Supervisors does hereby approve a budget transfer from the GIS Equipment Replacement & Upgrades Reserve Fund in the amount of Six Thousand Nine Hundred Twenty Three Dollars ($6,923.00) to be used to upgrade the Planning Departments computer printer; and further RESOLVED, The following budget entries shall be made: and further A 0511 B 7202 Appropriated GIS Reserve + $6,923 A 8020 E 2300 Data Processing Equipment + $6,923 RESOLVED, That the County Finance Department is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That the County Purchasing Department is authorized to submit a Purchase Order to Brite Computers in the amount indicated herein; and further Board to Finance Department. The foregoing block of four resolutions was adopted. Mr. Marshall offered the following block of three resolutions and moved its adoption, seconded by Mr. Calabrese: RESOLUTION NO ONTARIO COUNTY AGRICULTURE ENHANCEMENT BOARD REAPPOINTMENT OF FRED LIGHTFOOTE WHEREAS, Resolution No created the Agricultural and Farmland Protection Board and appointed members thereto; and WHEREAS, The Ontario County Agricultural Enhancement Board recommended by motion at their February 22, 2011 meeting that Fred Lightfoote be reappointed to said Board; and WHEREAS, The Planning and Research Committee has reviewed and recommends reappointment based on the understanding that failure to submit an Oath of Office within the required 30 day period would necessitate reconsidering this nomination; now, therefore, be it

21 21 RESOLVED, That the following individual be appointed as a representing active farmers to the Ontario County Agriculture Enhancement Board: and further Appointee Length Of Term Term Expires Mr. Frederick 4 years December 31, 2014 Lightfoote 3090 Depew Road Stanley, NY RESOLVED, That the Board of Supervisors expresses its appreciation to Mr. Lightfoote for his willingness to continue to serve on the Agricultural Enhancement Board; and further RESOLVED, That a copy of this resolution be sent by the Clerk of this Board to the appointee, the County Clerk, and the Finance Department. RESOLUTION NO ONTARIO COUNTY AGRICULTURE ENHANCEMENT BOARD APPOINTMENT OF DALE HEMMINGER WHEREAS, Resolution No created the Agricultural and Farmland Protection Board and appointed members thereto; and WHEREAS, After considering the recommendation of the Nominating Committee, the Agricultural Enhancement Board recommends the appointment of Mr. Dale Hemminger, a dairy and vegetable farmer, and agricultural business owner from the Town of Seneca, to the Board; and WHEREAS, The Planning and Research Committee has reviewed and recommends appointment based on the understanding that failure to submit an Oath of Office within the required 30 day period would necessitate reconsidering this nomination; now, therefore, be it RESOLVED, That the following individual be appointed as a representative of the agricultural business community and active farmer to the Ontario County Agriculture Enhancement Board: Appointee Length Of Term Term Expires Mr. Dale Hemminger Hemdale Farms, Inc Orleans Rd. Seneca Castle, NY years December 31, 2014 and further RESOLVED, That the Board of Supervisors appreciates Mr. Hemminger s willingness to serve on the Agricultural Enhancement Board; and further RESOLVED, That a copy of this resolution be sent by the Clerk of this Board to the appointee, the County Clerk, and the Finance Department.

22 REGULAR MEETING 22 RESOLUTION NO RESOLUTION OF APPRECIATION FOR NORBERT AMBERG WHEREAS, Resolution No. l83-93 created the Agricultural and Farmland Protection Board, now known as the Ontario County Agricultural Enhancement Board, and appointed members thereto in March, 1993; and WHEREAS, Norbert Amberg was a founding member and Chairman of said Board for the past seventeen (17) years; and WHEREAS, Mr. Amberg has devoted countless hours of service to the protecting farmland, maintaining the long term economic viability of agriculture in Ontario County; and WHEREAS, Mr. Amberg was recognized as Citizen Planner of the Year in 1998 by the Upstate New York Chapter of the American Planning Association for his dedicated leadership of said Board and advancing planning for agriculture in Ontario County; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby express its appreciation to Mr. Amberg for his seventeen years of dedicated volunteer leadership and service to Ontario County; and further Board to Mr. Amberg, Ontario County Agricultural Enhancement Board, and the Finance Department. The foregoing block of three resolutions was adopted. Mr. Casella offered the following block of five resolutions and moved its adoption, seconded by Mr. Green: RESOLUTION NO AUTHORIZATION FOR PAYMENT TO FIRE DEPARTMENTS NEW YORK STATE THRUWAY AUTHORITY ASSISTANCE WHEREAS, Fire Departments that have a portion of the New York State Thruway within their response area can submit a form to them to receive a donation for service; and WHEREAS, According to a letter from the New York State Thruway Authority (NYSTA) donations are intended to defray, but not necessarily fully reimburse, applicant expenses. Donations are made only if expenses for a call have not been submitted to and/or paid by other means, including an insurance claim. ; and WHEREAS, These forms required signature of the County Fire Coordinator in 2010 and prior years; and WHEREAS, It became apparent in late 2010 that while the forms were being signed by the County Fire Coordinator they were not being forwarded by Emergency Management Office staff to NYSTA; and