Board of Supervisors Canandaigua, New York 14424

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1 Supervisor Huber offered the following resolution and moved its adoption: RESOLUTION NO TRANSFER OF FUNDS 2012 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: From To Net Difference Public Works Highway Equipment D 5131 E , Highway Equipment D 5131 E , and further RESOLVED, That certified copies of this resolution be transmitted by the Clerk of this Board to the Finance Department.

2 Supervisor Luckern offered the following resolution and moved its adoption: RESOLUTION NO RESOLUTION DECLARING MAY 10, 2012, TO BE MAYDAY FOR MANDATE RELIEF AND URGING THE MANDATE RELIEF COUNCIL TO TAKE SWIFT ACTION IN SUBMITTING A PACKAGE OF MANDATE RELIEF PROPOSALS TO GOVERNOR CUOMO AND THE STATE LEGISLATURE TO BE VOTED ON THIS SESSION WHEREAS, The State of New York mandates (requires) the delivery of State programs using local resources, causing some counties to dedicate more than 80 percent of their entire budget toward the funding of State mandated programs and fixed costs; and WHEREAS, The New York State Association of Counties has identified just 9 state mandates that equal 90 percent of all county property taxes levied in 2010 (outside of New York City), consuming $4 billion of $4.4 billion in county property taxes levied. These mandates include: Medicaid, TANF/Public Assistance Safety Net, Child Welfare Protective and Preventive Care, Special Education Pre-School, Early Intervention, Probation, Indigent Defense, Youth Detention, and Pensions; and WHEREAS, These State mandates are the root cause of high county property and sales taxes in New York and have led to a decline in the delivery of important local services; and WHEREAS, These State imposed mandates continue to contribute to New York s highest in the nation local tax burden for residents and businesses, severely damaging New York s ability to attract, create and maintain good paying jobs, as well as contributing to population losses to other states; and WHEREAS, When the State enacted a property tax cap in 2011, a Mandate Relief Council was established to review specific mandates and advance legislative proposals to reduce the statutory and regulatory burden on municipalities; now, therefore be it RESOLVED, That Ontario County hereby declares May 10, 2012, to be Mayday for Mandate Relief to demonstrate that the decisions made in Albany have a direct impact on the property tax levy and local community services here in Ontario County; and further RESOLVED, That Ontario County hereby calls on the Mandate Relief Council take swift action in submitting a package of Mandate Relief proposals to Governor Cuomo and the State Legislature to be voted on by our State Representatives during the 2012 State Legislative Session; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to Governor Andrew M. Cuomo, Senators Nozzolio & Gallivan, Assemblymen Kolb & Hanna, and the Finance Department.

3 Supervisor Luckern offered the following resolution and moved its adoption: RESOLUTION NO ACCEPTANCE OF COUNTY FUNDS CONTRACT FOR REIMBURSEMENT OF NEW YORK STATE BOARD OF ELECTIONS SUBMISSION OF HAVA OPERATIONS EXPENSES BY BOARDS OF ELECTIONS (SHOEBOX) COSTS WHEREAS, In order for New York State to be compliant with Help America Vote Act (HAVA), certain requirements are/were necessary to achieve/maintain this compliance; and, WHEREAS, Each County has purchased items necessary to implement, install, store and maintain the voting machines and associated equipment required by HAVA; and WHEREAS, Costs associated with these additional items (SHOEBOX items) not included initially but necessary for compliance may be reimbursed from each County s remaining HAVA funds through the NYS Board of Elections; and WHEREAS, Ontario County has remaining HAVA funds in the amount of two hundred ninety four thousand six hundred forty-nine dollars and thirty-two cents ($294,649.32); and, WHEREAS, The Ontario County Board of Elections acknowledges that this contract is reimbursement based ; and, WHEREAS, Authorization of the Ontario County Board of Supervisors is required for the Ontario County Administrator to sign said contract agreement; now, therefore, be it RESOLVED, The Ontario County Board of Supervisors authorizes the County Administrator to sign the County HAVA Funds Contract for reimbursement of funds expended for these additional SHOEBOX items using the HAVA funds remaining for use by the Ontario County Board of Elections as stipulated in NYS BOE Contract Number C003234; and further, RESOLVED, That a certified copy of this resolution be sent by the Clerk of the Board to the Ontario County Finance Department.

4 Supervisor Marren offered the following resolution and moved its adoption: RESOLUTION NO AUTHORITY TO CONTRACT FOR PROFESSIONAL CONSULTANT SERVICE CONTRACT 2012 ONTARIO COUNTY HEALTH FACILITY WHEREAS, The Ontario County Health Facility desires to contract for professional consultant service 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 Facility: and WHEREAS, The following professional consultant service contract is required by the Health Contractor Professional Service 2012 Budgeted McClure Dental Services, P.C. Dental Services $16,350 WHEREAS, The 2012 county budget provides funding for the respective contract where appropriate; and WHEREAS, There was no price increase from prior years contract; and WHEREAS, The Health Facility Administrator and the Health and Medical Services Committee recommend said contract; now, therefore, be it 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 contract be for the period April 1, 2012, through March 31, 2013, with the option for one (1) additional twelve (12) month period if mutually agreeable by both parties and by resolution of the Ontario County Board of Supervisors; and further Department. RESOLVED, That copies of this resolution be sent by the Clerk of this Board to the Finance

5 Supervisor Marren offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZATION TO INCREASE PER PATIENT DAY RATE AT OCHF WITH HEALTHCARE SERVICES GROUP WHEREAS, The Ontario County Health Facility entered into agreement with Healthcare Services Group (HCSG) pursuant to Resolution No on January 28, 2011, to provide food service operations at the Health Facility; and WHEREAS, The contract allows for an annual rate adjustment in conjunction with the annual CPI per section 1.6a of the contract; and WHEREAS, HCSG has requested that the rate be increased by 3.1% which is equivalent to $.54 per patient day (ppd) effective April 1, 2012; and WHEREAS, Sufficient money exists within the Health Facility budget for this increase; and WHEREAS, The Ontario County Purchasing Department has approved the request to increase rate at the current CPI of 3.1%; and WHEREAS, The Health and Medical Committee has reviewed this proposal and recommends its acceptance; now, therefore, be it RESOLVED, That the price per patient day be increased from the present cost of $17.28 ppd to $17.82 ppd; and further RESOLVED, That the County Administrator is authorized to execute the necessary documents to affect the intent of this resolution; and further RESOLVED, That the Department of Finance shall be authorized to make the necessary budgetary and accounting changes to meet the intent of this resolution; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of the Board to the Finance Department, and Healthcare Services Group, 3220 Tillman Drive, Suite 300 Bensalem, PA

6 Supervisor Marren offered the following resolution and moved its adoption: day; and RESOLUTION NO AUTHORIZATION: PROFESSIONAL SERVICES CONTRACT HEALTH FACILITY TEMPORARY AGENCY NURSING STAFFING SERVICES SIBLEY NURSING PERSONNEL SERVICES, INC. WHEREAS, The Health Facility is required to maintain nursing services coverage 24- hours per WHEREAS, From time to time due, to critical shortages in Registered Nurses, Licensed Practical Nurses and Certified Nursing Assistants caused by disabilities, illnesses, vacancies in existing positions, the required 24-hour per day coverage cannot be maintained; and WHEREAS, Temporary nursing staff coverage can be obtained on per shift basis from agencies established to provide the service with qualified personnel for the term period of January 1, 2012, to December 31, 2012; and WHEREAS, Such temporary services will be used only when all other reasonable staffing options for 24-hour nursing staff coverage have been exhausted; and WHEREAS, Sibley Nursing Personnel Services, Inc., of 1655 Elmwood Avenue, Suite 100, Rochester, NY 14620, is qualified and is available to provide temporary agency nursing staffing services at the Health Facility; and WHEREAS, The 2012 county budget provides funding for temporary agency nursing staffing services where appropriate; and WHEREAS, The terms and conditions of the temporary agency nursing staffing services agreement are set forth in a contract on file in the Office of the Clerk of the Board of Supervisors; and WHEREAS, The County Administrator, Health Facility Administrator, and Health and Medical Services Committee recommend said contract; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute a contract with Sibley Nursing Personnel Services, Inc., for the period January 1, 2012, to December 31, 2012; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

7 Supervisor Marren offered the following resolution and moved its adoption: RESOLUTION NO ACCEPTANCE OF COMPLIANCE REVIEW OF THE RECORDS OF THE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE (TURNINGS) WHEREAS, There is a need to review the patient clinical and billing records for the Departments of Mental Health and Substance Abuse (Turnings) in an effort to determine compliance with specific regulations; and WHEREAS, This will be an extensive review covering a time period of up to 6 years; and WHEREAS, The County s Compliance Officer, Internal Auditor, Director of Community Mental Health Services, Compliance Committee, Department of Finance and County Attorney s Office have discussed and agreed on the scope of the review; and WHEREAS, It is imperative that this review be completed by an independent third party; and WHEREAS, Bonadio & Co., LLP, 171 Sully s Trail, Pittsford, NY 14534, has been selected as the preferred firm to complete this review based on their knowledge and experience with these reviews; and WHEREAS, Health and Medical and Financial Management Committees have reviewed and recommend acceptance of a contract with the accounting firm of Bonadio & Co., LLP, to complete a compliance review for the Departments of Mental Health and Substance Abuse (Turnings) covering a time period of up to 6 years; now, therefore, be it RESOLVED, That this Board of Supervisors accepts a contract with the accounting firm of Bonadio & Co., LLP, to complete a compliance review for the Departments of Mental Health and Substance Abuse (Turnings) covering a time period of up to 6 years for an amount not to exceed $20,000; and further and further RESOLVED, The following budget transfer be approved to provide funding for this contract A 1990 E 4731 Contingency Account -$20,000 A 4310 R 4260 Consultation & Professional + $20,000

8 RESOLUTION NO RESOLVED, That the County Attorney is authorized to sign the necessary agreement with Bonadio & Co., LLP, 171 Sully s Trail, Pittsford, NY 14534, in acceptance of this proposal; 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 certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and Bonadio & Co., LLP.

9 Supervisor Marshall offered the following resolution and moved its adoption: RESOLUTION NO AMENDMENT TO RESOLUTION NO ONTARIO COUNTY OFFICE FOR THE AGING AND PEERPLACE NETWORKS LLC 2012 WHEREAS, On February 1, 2012 the County entered into an Amendment Agreement pursuant to Resolution No with PeerPlace Networks, LLC having an office at 300 Main Street, Suite East Rochester, New York 14445, for the purpose of adding one additional user, a caseworker from the Department of Social Services, to the Computer Information Management System for a total amended contract amount of $11,753.50; and WHEREAS, It has now become apparent that the Transportation user fee and the Transportation Module fee were originally bundled into one fee and now have been separated out due to the elimination of the Transportation personnel entering data into the system; and WHEREAS. The Transportation Module fee for the period January 2012 through December 2012 is now due at a cost of $15.70 per month or $ for twelve months minus a 5% discount for a total amount of $178.98; and WHEREAS, The total amended contract amount will be $11,932.48; now, therefore, be it RESOLVED, That this Board of Supervisors does hereby authorize an amendment to the Office for the Aging Agreement with PeerPlace LL for the additional $ for a total amended contract amount of $11,932.48; and further RESOLVED, That the County Administrator is hereby authorized and directed to sign said agreement on behalf of the County, and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, PeerPlace Networks, NYS Office for the Aging.

10 Supervisor Marshall offered the following resolution and moved its adoption: RESOLUTION NO APPROVAL AGREEMENT - OFFICE FOR THE AGING AND ONTARIO ARC EXERCISE AND NUTRITION CLASSES 2012 WHEREAS, The Americans with Disabilities Act, passed in 1990, was meant to assure equal opportunities for the 4.56 million Americans with developmental disabilities; and WHEREAS, The Ontario County Office for the Aging wishes to collaborate with Ontario ARC, having an office at 3071 County Complex Drive,, to facilitate the intent of the Americans with Disabilities Act by providing exercise and nutrition education classes for all senior citizens including, but not limited to, the developmentally disabled population; and WHEREAS, There is evidence that services such as exercise and good nutrition help all people, including special populations, to remain in their own homes and residences in the community as they age, and may forestall or prevent nursing home placement; and WHEREAS, Ontario ARC has been successful in providing exercise and nutrition education to the people under their care and; WHEREAS, An agreement with the Office for the Aging will allow for expansion and continuation of this service to include all senior citizens; and WHEREAS, The nutrition and exercise classes will be held in conjunction with the Office for the Aging Senior Congregate meal at the Salvation Army; and WHEREAS, Ontario ARC has agreed to provide such services one hour a week for the period April 01, 2012, thru March 31, 2013, at a cost not to exceed Seven Hundred Fifty Dollars ($750.00) which is available in the Office for the Aging 2012 Budget; now, therefore, be it RESOLVED, That the Human Services Committee and County Administrator have approved entering into this agreement; and further RESOLVED, That the Board of Supervisors does hereby direct and authorize the County Administrator to sign said agreement on behalf of the County; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, Ontario ARC, the NYS Office for the Aging.

11 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO SALARY ADJUSTMENT SANDRA SMITH HEALTH FACILITY WHEREAS, Ms. Susan M. Sikes, Director of Nursing, has recommended the salary adjustment of Ms. Sandra Smith, Nursing Assistant, to Grade A3, Step 10 ($19.42/hr.) based on her years of experience with Ontario County; and WHEREAS, The Personnel Committee has reviewed and approved the salary adjustment for Ms. Smith, effective upon her date of re-hire; and WHEREAS, Sufficient funding exists within the Health Facility s budget for this salary adjustment; now, therefore, be it RESOLVED, That the salary for Ms. Sandra Smith, Nursing Assistant, be set at Grade A3, Step 10 ($19.42/hr.) effective upon her date of re-hire; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of this Board to the Finance Department.

12 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO CREATION OF POSITION FINANCE CLERK I (TEMPORARY) TREASURER S OFFICE WHEREAS, Mr. Gary Baxter, Ontario County Treasurer, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create temporarily, not to exceed thirty days; and WHEREAS, Said position has been classified as Finance Clerk I (Temporary) 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 Finance Clerk I (Temporary) (01674/#10) be created May 5, 2012, temporarily, not to exceed thirty days; and further RESOLVED, That sufficient funding exists within the Treasurer s Office budget for this position; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

13 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO CREATION OF POSITION - CLEANER (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 a Cleaner is on disability; and WHEREAS, Said position has been classified as Cleaner (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 Cleaner (DBL) be created effective April 23, 2012, until such time as the incumbent returns from disability; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and the Director of Human Resources at FLCC.

14 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO ABOLISHMENT OF POSITION WORKFORCE DEVELOPMENT ASSISTANT, SEASONAL WORKFORCE DEVELOPMENT WHEREAS, Mr. Brian Young, Director of Workforce Development, has advised that there exists a vacant position of Workforce Development Assistant, Seasonal, which is no longer needed; and WHEREAS, Mr. Young has recommended that the position be abolished in preparation for the 2013 Budget process; and WHEREAS, The Personnel Committee has reviewed and recommends abolishment of this vacant position, effective upon adoption; now, therefore, be it RESOLVED, That one vacant position of Workforce Development Assistant, Seasonal (42239/#2) in Workforce Development be abolished, effective upon adoption; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

15 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO CREATION/ABOLISHMENT OF POSITIONS PUBLIC WORKS WHEREAS, Mr. William Wright, Commissioner of Public Works, has filed the appropriate paperwork with Human Resources to create a position in the Department of Public Works; and WHEREAS, The Personnel Officer has classified a position of Cleaner for the Bureau of Buildings and Grounds according to Personnel Officer Classification Certification No ; and WHEREAS, Mr. Wright has recommended that a vacant position of Motor Equipment Operator I in the Highway Department be abolished as an offset for the Cleaner position; and WHEREAS, The Personnel Committee has reviewed and recommends this creation and abolishment of positions, effective upon adoption; now, therefore, be it RESOLVED, That one position of Cleaner (03099/#6) be created in the Bureau of Buildings and Grounds, effective upon adoption; and further RESOLVED, That one vacant position of Motor Equipment Operator I (02556/#3) in the Highway Department be abolished, effective upon adoption; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

16 Supervisor Singer offered the following resolution and moved its adoption: RESOLUTION NO ABOLISHMENT OF POSITION MOTOR EQUIPMENT OPERATOR IV ONTARIO COUNTY LANDFILL WHEREAS, There exists a vacant position of Motor Equipment Operator IV at the Ontario County Landfill resulting from a retirement; and WHEREAS, This position is no longer needed and should be abolished in preparation for the 2013 Budget process; and WHEREAS, The Personnel Committee has reviewed and recommends abolishment of this vacant position, effective upon adoption; now, therefore, be it RESOLVED, That one vacant position of Motor Equipment Operator IV (02559/#5) at the Ontario County Landfill be abolished, effective upon adoption; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

17 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO RESOLUTION OF SUPPORT FOR FINGER LAKES RAILWAY TO PURCHASE AND OPERATE THE NORFOLK SOUTHERN RAIL LINE BETWEEN GENEVA AND LYONS WHEREAS, Ontario County received official notice that Norfolk Southern Corporation is beginning the abandonment process of 11.5 miles of rail between Geneva and Lyons which will eventually go through an expedited notice under the Surface Transportation Board; and WHEREAS, The abandonment of this section of rail will permanently prevent direct and competitive rail access with CSX Rail Mainline in Lyons for current and future freight traffic; and WHEREAS Finger Lakes Railway has moved over 77,000 carloads of commodities for businesses through Ontario County since it began operations in 1995; and WHEREAS, Norfolk Southern took this section of line out of service in 2009, disallowing the continued use of the line by Finger Lakes Railway in consideration of abandonment, thus lowering the number of cars using the rail and such lack of use is being used to support the abandonment while, in reality, numerous businesses that used this line to access the CSX east-west connection to bring goods to and from Ontario County locations and are now paying more to ship commodities to and from the rest of the nation; and such connections are taking more time again adding to company costs; and WHEREAS, The Finger Lakes Railway Corporation is interested in working with Ontario, Wayne, and Seneca Counties where the rail is located, to acquire and operate the rail liner through a public - private partnership; and WHEREAS, The Ontario County Industrial Development Agency has directed its executive director to negotiate with, among and between the counties, the Finger Lakes Railway, and Norfolk Southern to assure that the rail line is not abandoned and taken apart, but instead is kept for future use; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors hereby recognizes the importance of keeping the section of rail between Geneva and Lyons alive and active and therefore requests support and assistance from both Ontario County State elected officials and the region s

18 RESOLUTION NO Congressional Delegation in keeping the rail, and partnering with Wayne and Seneca Counties to facilitate Finger Lakes Railway s running the rail line for the best interest of local companies; and further RESOLVED, That the Ontario County Board of Supervisors supports the Finger Lakes Railway s intent to acquire and operate the rail service on this section and manage and maintain the rail, including owning the line; and be it further RESOLVED, That the Ontario County Industrial Development Agency is hereby requested to facilitate such outcomes; and be it further RESOLVED, That copies of this resolution be sent by the Clerk of this Board to Senator Michael Nozzollio (119 Falls St., Seneca Falls, NY 13148), Senator Patrick Gallivan (4729 Transit Road, Depew, NY 14043), Assemblyman Brian Kolb (607 West Washington St., Suite 2, Geneva, NY 14456), Assemblyman Sean Hanna (3045 East Henrietta Road, Henrietta, NY 14467), Representative Tom Reed (672 Pittsford-Victor Rd, # 2, Pittsford, NY 14534), Representative Richard Hanna (110 Genesee St., Suite 110, Auburn, NY 13021), Senator Charles Schumer (100 State Street, Room 3040, Rochester, NY 14614), Senator Kirsten Gillibrand (100 State Street, Room 4195, Rochester, NY 14614), Seneca County Manager C. Mitchell Rowe (1 DiPronio Drive, Waterloo, NY 13165), Wayne County Administrator James Marquette (26 Church St., Lyons, NY 14489), Michael Smith (Finger Lakes Railway, PO Box 1099, Geneva, 14456), Ontario County IDA Chairman David Reh, Ontario County Economic Development Office, and the Finance Department.

19 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZATION TO EXTEND TRANSPORTATION SUBSIDY AGREEMENT WITH WEGMANS WHEREAS, The County entered into an agreement pursuant to Resolution No with Wegmans for an Authorization of Transportation Subsidy Agreement; and WHEREAS, Wegmans subsidizes two routes on the CATS system from Geneva and Canandaigua which include a shoppers stop at its location on Hamilton Street in Geneva and Eastern Boulevard in Canandaigua, which agreement provided for an initial term of one year; and WHEREAS, The cost to Wegmans for provision of said service is $32,250; and WHEREAS, The County and Wegmans desire to extend the terms of the agreement for one year which shall commence on June 1, 2012, and shall terminate on May 31, 2013; and WHEREAS, The Planning & Research Committee has reviewed and approved said extension agreement, a copy of which is on file with the Clerk of the Board; now, therefore, be it RESOLVED, That this Board does hereby authorize the County to extend the agreement with Wegmans, 1500 Brooks Avenue, Rochester, NY 14603, for an additional term of one year for a sum of Thirty Two Thousand Two Hundred and Fifty Dollars ($32,250); and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute any and all documents necessary or appropriate to effectuate the purpose hereof, subject to the review and approval of the Office of the County Attorney; and further RESOLVED, That copies of this resolution be sent by the Clerk of this Board to Wegmans and the Finance Department.

20 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO APPROVAL OF CONTRACT REPLACEMENT WITH TOWNS OF CANADICE AND RICHMOND FOR MANAGEMENT OF AQUATIC WEED MANAGEMENT PROGRAM WHEREAS, Resolution No approved a contract with the Towns of Canadice and Richmond for management of the Aquatic Weed Management Program; and WHEREAS, The Towns of Canadice and Richmond have requested that the county continue the management of the Aquatic Weed Management Program on their behalf and have agreed to enter into contracts and assume all costs for the program not covered by Finger Lakes/Lake Ontario Watershed Protection Agency (FL-LOWPA) funding in the future; and follows: WHEREAS, The annual costs associated with operating this program are estimated as Activity Estimated Cost Seasonal Harvesters (up to three) $25,000 Operational Costs fuel, maintenance, repairs, etc. $35,000 Total $60,000 WHEREAS, Ontario County FL-LOWPA grant funding in the amount of $25,000 will be used to funds costs of the Aquatic Weeds Management Program, and the balance (up to $35,000) will be borne by the Towns of Canadice and Richmond; and WHEREAS, The positions of up to three (3) Seasonal Harvesters be will funded in the current budget and future years; and WHEREAS, All remaining expenses for the Aquatic Weed Management Program not paid by available State grant funds in current and future years shall be paid in full by the Town of Canadice at a rate of 25 percent of non-grant funds, and from the Town of Richmond at a rate of 75 percent of non-grant funds; and WHEREAS, At such time as grant or town funds are no longer available to cover 100% of the cost of the Aquatic Weed Management Program, that the program and related positions be reviewed by the Planning and Research and Personnel Committees; and

21 RESOLUTION NO WHEREAS, The County Planning Department, rather than an Aquatic Plant Control Coordinator as originally established, shall provide services to administer and supervise the Aquatic Weed Management Program; and WHEREAS, The aquatic harvesting services on Honeoye Lake to be rendered by the County Planning Department have been updated to reflect changes in titles, staff, and equipment, which are attached as Schedule A to the proposed contract on file with the Clerk of this Board; and WHEREAS, The Planning and Research Committee has reviewed and recommend adoption of this resolution; now therefore, be it RESOLVED, That the contract between the County and the Towns of Canadice and Richmond is extended for a period commencing May 1, 2012, and terminating on December 31, 2012; and further RESOLVED, That renewal of the contract shall be automatic for additional one-year terms as long as sufficient local municipal and state funding is available; and further RESOLVED, That the Department of Finance is hereby authorized and directed to make any and all budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That the County Administrator be and hereby is authorized and empowered to execute a contract with the Towns of Canadice and Richmond for said services in an amount not to exceed Thirty Five Thousand Dollars ($35,000.00), subject to approval of said contract by the County Attorney; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and the Towns of Canadice and Richmond.

22 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO DESIGNATING NATIONAL TOURISM WEEK MAY 5-13, 2012 WHEREAS, May 5, 2012, through May 13, 2012, is National Tourism Week; and WHEREAS, The County of Ontario has actively participated in the development of tourism in Ontario County and the Finger Lakes Region; and WHEREAS, The Board of Supervisors created, and through a lodging tax, funds the Ontario County Four Seasons Local Development Corporation to promote Ontario County as a tourism destination; and WHEREAS, The Ontario County Four Seasons Local Development Corporation engages in a variety of cooperative efforts to market and promote the Finger Lakes Region; and WHEREAS, According to the 2010 Empire State Development Oxford Economics Study, the Finger Lakes Region s tourism industry continues to create direct economic opportunities by employing 2,919 people in Ontario County; and WHEREAS, According to the 2010 Empire State Development Oxford Economics Study, The Finger Lakes Region s tourism industry in Ontario County provides an annual direct labor income of $52,592,000; and WHEREAS, According to the Ontario County Occupancy Tax collections, tourism in Ontario County provides for significant occupancy taxes in the form of $902,540.09; therefore, be it RESOLVED, That the Ontario County Board of Supervisors declares the week of May 5, 2012, through May 13, 2012, National Tourism Week in Ontario County in recognition and celebration of the importance of tourism to the County; and encourages the public and private sectors to celebrate with appropriate activities and festivities; and further RESOLVED, That certified copies of the resolution be sent by the Clerk of this Board to the Finance Department, Ontario County Four Seasons Local Development Corporation.

23 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO APPOINTMENT TO THE ONTARIO COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD JAMES PECK ONTARIO COUNTY FARM BUREAU WHEREAS, The Ontario County Farm Bureau has recommended the appointment of James Peck as its representative to the Ontario County Soil and Water Conservation District Board; and WHEREAS, The Planning and Research Committee recommends the appointment of said nominee; now, therefore, be it RESOLVED, That that James Peck is hereby appointed to the Ontario County Soil and Water Conservation District Board as a member with a term to expire December 31, 2014; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, County Clerk, Ontario County Soil and Water Conservation District, and Mr. Peck.

24 Supervisor LaRocca offered the following resolution and moved its adoption: RESOLUTION NO APPOINTMENT TO THE ONTARIO COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD SAMUEL J. CASELLA ONTARIO COUNTY PRACTICAL FARMER RESOLVED, That that Samuel J. Casella, is hereby appointed to the Ontario County Soil and Water Conservation District Board as a member with a term beginning January 1, 2012, to expire December 31, 2014; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, County Clerk, Ontario County Soil and Water Conservation District, and Mr. Casella.

25 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZATION - RENEWAL OF AGREEMENT FOR AN EMERGENCY SERVICES STRESS MANAGEMENT TRAINING/ASSISTANCE PROGRAM WHEREAS, The Public Safety Committee has determined that there is a need for the County to have a comprehensive emergency services stress management training and assistance program to provide critical incident stress debriefings and training for emergency responders in Ontario County; and WHEREAS, The County entered into an agreement on December 21, 1989, for the delivery of this program for emergency responders in Ontario County; and WHEREAS, The Public Safety Committee has approved the continuation of this agreement at a total cost to the County not to exceed $2, for the calendar year 2012; and therefore, be it WHEREAS, There is sufficient funds in the 2012 County Fire Fighters budget; now, RESOLVED, That Ontario County be, and hereby is, authorized and empowered to enter into an agreement with Bray Associates, 9 Hunters Creek Drive, Huntsville, Texas 77340, for services in connection with this comprehensive emergency services stress management training and assistance program; and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute said agreement, a copy of which is on file with the Clerk of the Board of Supervisors; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of this Board to Grady Bray, Ph.D., CEO, Bray Associates and the Finance Department.

26 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO ACCEPTANCE OF GRANT FROM LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM ONTARIO COUNTY EMERGENCY MANAGEMENT OFFICE WHEREAS, Ontario County is eligible to apply for assistance under the Local Emergency Management Performance Grant (LEMPG) Program for federal fiscal year 2011 (FFY11); and WHEREAS, The tentative FFY11 annual allocation for Ontario County is $42, and formal notification of final award will be received in the future; and WHEREAS, It is advantageous for Ontario County to participate in the Local Emergency Management Performance Grant (LEMPG) to support activities that contribute to capability to prevent, prepare for, and to recover from natural and man-made disasters; and WHEREAS, It is the intent of Ontario County to participate in FFY11 Local Emergency Management Performance Grant and accept the grant funds when they become available; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors accepts the grant monies to be awarded from the FFY11 Emergency Management Performance Grant (LEMPG); and RESOLVED, That the Ontario County Administrator be authorized and empowered to sign a contract with the State of New York accepting said funds; and RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

27 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO EXTENSION OF CONTRACT JAMES BEGLEY ONTARIO COUNTY PUBLIC DEFENDER S OFFICE WHEREAS, Pursuant to Resolution No this Board accepted the Indigent Legal Services grant; and WHEREAS, Part of this grant includes funding to retain a mitigation expert who will be responsible for facilitating mental health referrals to Ontario County Public Defender clients, supporting these clients after a referral has been made and while they are in treatment, and updating the Courts as to the client s progress; and WHEREAS, Pursuant to Resolution No James Begley, 23 Brooktree Drive, Penfield, NY 14526, was contracted to provide such services for an amount not to exceed $35,844 from January 1, 2012, to May 31, 2012; and WHEREAS, Ontario County Public Defender has been notified that the Indigent Legal Services Grant has extended the grant contract to March 31, 2013; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors, on the recommendation of the Public Safety Committee, hereby extends the contract for said services to James Begley for an amount not to exceed $35,844, with the contract beginning on January 1, 2012, and terminating on March 31, 2013; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and James Begley.

28 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZATION TO APPLY FOR ADDITIONAL FUNDING FROM OFFICE OF INDIGENT LEGAL SERVICES WHEREAS, The State of New York Office of Indigent Legal Services has notified Ontario County of eligibility to apply for additional funding distributed by the Indigent Legal Services Board; and WHEREAS, It is advantageous for Ontario County to apply for these funds to improve the quality of indigent defense services in Ontario County through the Ontario County Public Defender s Office in the amount of approximately $271,911 over a three (3) year period; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this request and recommend the County Administrator authorization to apply for this funding; now, therefore, be it RESOLVED, That the County Board of Supervisors authorizes and direct the Ontario County Administrator to apply for this funding from the Office of Indigent Legal Services; and RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department.

29 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZING SYSTEM MAINTENANCE, SOFTWARE AND SERVICES AGREEMENT EXTENSION WITH KEYSTONE INFORMATION SYSTEMS, INC. WHEREAS, Pursuant to Resolution No , this Board approved authorization for system maintenance, software, and services with Keystone Information Systems, Inc.; and WHEREAS, Pursuant to Resolution No this Board approved a no cost time extension of one year for this contract, extending the termination date of the contract to December 31, 2011; and WHEREAS, The County continues to work with Keystone Information Systems, Inc., on the implementation of the system, software and services, thus there is a need to extend the term of the agreement to December 31, 2012; and WHEREAS, The extension agreement will not require any additional funding; and WHEREAS, The Public Safety Committee has reviewed the recommendation of the staff and recommends acceptance of the no cost time extension; now, therefore, be it RESOLVED, That the County of Ontario be, and hereby is, authorized and empowered to extend the agreement with Keystone Information Systems, Inc., One Tall Oaks Corporate Center, 1000 Leola Road, Maple Shade, New Jersey 08052, subject to review and approval by the Office of the County Attorney; and further RESOLVED, That the total amount payable under said agreement shall not exceed as authorized by Resolution No , the sum of $450,000; and further RESOLVED, That the term of said contract shall now terminate on December 31, 2012; and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute said agreement extension on behalf of the County of Ontario; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of the Board to the Finance Department.

30 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO AUTHORIZATION TO ACCEPT DONATION FROM CLIFTON SPRINGS HOSPITAL & CLINIC WHEREAS, Ontario County Office of Sheriff has been notified of a contribution of $500 by Clifton Springs Hospital and Clinic in appreciation of the Active Shooter presentation by the Ontario County Office of Sheriff Emergency Response Team; and WHEREAS, It is advantageous for Ontario County to accept these funds to support the Ontario County Office of Sheriff Emergency Response Team; and WHEREAS, The Public Safety and Financial Management Committees have reviewed this request and recommend the Ontario County Office of Sheriff be given authorization to accept to this contribution; now, therefore, be it RESOLVED, That the County of Ontario be, and hereby is, authorized to accept the contribution from Clifton Springs Hospital and Clinic in the amount of $500.00; and further RESOLVED, That the amount of $ be credited to account A3110R2705 to support the Ontario County Office of Sheriff Emergency Response Team; 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, RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and Clifton Springs Hospital and Clinic, 2 Coulter Road, Clifton Springs, New York

31 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO AWARD OF QUOTE - RADAR UNITS ONTARIO COUNTY OFFICE OF SHERIFF WHEREAS, The Purchasing Department has solicited for quotes for the purchase of the Rear View Radar Units (Q12048); and WHEREAS, One quote totaling $ 7, was received and it is deemed to be in the best interest of Ontario County to award quote Q12048 for the Rear View Radar Units to Mobile Fleet, Inc., 140 Broadhollow Road, Farmingdale, NY 11735; and therefore, be it WHEREAS, funding for this purchase exists within the Office of Sheriff 2012 budget; now, RESOLVED, That the Ontario County Board of Supervisors, on the recommendation of the Public Safety Committee, hereby awards quote Q12048 for the Rear View Radar Unit to Mobile Fleet, Inc; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Mobile Fleet, Inc.

32 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO ACCEPTANCE OF FUNDS FROM FY11 STATE LAW ENFORCEMENT PREVENTION PROGRAM (SLETPP) CAPITAL PROJECT NO. 7 OF 2006 WHEREAS, Resolution No created Capital Project No. 7 of 2006, the New Ontario County Emergency Communication System; and WHEREAS, Authorization to participate in the grant funding was previously approved pursuant to Resolution No ; and WHEREAS, The initial grant contract period expires August 31, 2014; and WHEREAS, The grant manager for the SLETPP funds is to be Sheriff Philip Povero, and WHEREAS, The total Capital Project will need to be increased to account for the additional Homeland Security funding secured to purchase items that were not funded by the original budget bringing the total Capital Project to $ 17,567,529.95; and WHEREAS, The Public Safety and Financial Management Committees have approved this proposed budget transfer; therefore, now, be it RESOLVED, That the County Board of Supervisors accepts the $76,388 award for the FY11 SLETPP; and further RESOLVED, That the following budget transfer is hereby approved, with unused portions flowing into future years: Existing Budget Change New Budget HX 3153 R 2619 Fines Other 377, , HX 3153 R 4385 Homeland Security Grant HX 3153 R 5036 Interfund Transfer- 911 Reserve 966, , HX 3153 R 5036 Interfund Transfer- Tax Levy 1,326, ,326, HX 3153 R 5036 Interfund Transfer- CPR 14,077, ,077, HX 3153 E 2550 Reserve Signal and Communication 10,325, ,325, HX 3153 E 4054 Gas and Heating Oil 1, , HX 3153 E 4056 Electricity 1, , HX 3153 E 4080 Taxes and Assessments 20, , HX 3153 E 4260 Consultation & Professional 1,179, ,179,438.29

33 RESOLUTION NO HX 3153 E 4332 Lease of Land 184, , HX 3153 E 4489 Construction Inspections 15, , HX 3153 E 4490 Construction Contracts 602, , HX 3153 E 4491 General Construction 3,398, ,398, HX 3153 E 4493 Electrical 538, , HX 3153 E 4495 Architectural/Engineering 166, , HX 3153 E 4511 Licenses 24, , HX 3153 E 4621 Software 40, , HX 3153 E 4820 Acquisition of Land 192, , HX 3153 E 4865 Administrative 45, , HX 3153 E 4731 Contingent 10, , HX 3158 R 4385 Homeland Security Grant 187, , HX 3158 E 2550 Signal and Communication 187, , HX 3159 R 4385 Homeland Security Grant 82, , HX 3159 E 2550 Signal and Communication 82, , HX 3160 R 3387 State Aid Homeland Security 448, , HX 3160 E 2550 Signal and Communication 321, , HX3160 E 4260 Consultation & Professional 127, , HX 4019 R 4385 Homeland Security Grant 25, , HX 4019 E 2550 Signal and Communication 3, , HX 4019 E 4101 Minor Equipment 13, , HX 4019 E 4530 Agency Contracts 6, , HX 4019 E 4610 Operating Supplies 2, , TO: HX 3162 R 4385 Homeland Security Grant , , HX 3162 E 2550 Signal and Communication , , HX 3162 E 4750 Travel and Conference , , 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 RESOLVED, That the County Administrator be authorized to sign contract documents with the New York State Division of Homeland Security and Emergency Services, and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department, and the New York State Division of Homeland Security and Emergency Services.

34 Supervisor Casella offered the following resolution and moved its adoption: RESOLUTION NO CAPITAL PROJECT NO RECOGNITION OF CORPORATE NAME CHANGE OF ENGINEERING CONSULTANT NEW ONTARIO COUNTY EMERGENCY COMMUNICATION SYSTEM WHEREAS, Resolution No created Capital Project 7 of 2006, the New Ontario County Emergency Communication System; and WHEREAS, Resolution No amended the budget for Capital Project 7 of 2006 to provide funds for the development of new tower sites and the remodeling of existing towers; and WHEREAS, Resolution No awarded a contract to the Harris Corporation to construct the core radio components of the new Ontario County radio communication system; and WHEREAS, Resolution No awarded a contract to PB Americas, Inc. to perform structural analysis of existing county communication towers; and WHEREAS, PB Americas, Inc. is performing site design work for all tower sites under contract to the Harris Corporation, including the Center; and WHEREAS, Resolution No approved a contract amendment with PB Americas, Inc. to design a grounding system to serve the radio equipment room in the new Center; and WHEREAS, Ontario County has just been informed that PB Americas, Inc., has now changed its corporate name to Parsons Brinckerhoff, Inc.; and WHEREAS, The Public Safety Committee has reviewed and recommends adoption of this resolution; now therefore, be it RESOLVED, That the County hereby acknowledges and recognizes that Parsons Brinckerhoff, Inc., having an office at 50 Lakefront Blvd., Suite 111, Buffalo, New York 14202, is the successor to PB Americas, Inc.; and further RESOLVED, That the County Administrator be and hereby is authorized and empowered to execute the contract amendment approved by Resolution No with Parsons Brinckerhoff, Inc., subject to approval of said contract amendment by the County Attorney; and further

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