SPECIAL MEETING. Dated: February 26, Roll Call: All Legislators were present. REPORT OF THE RULES AND LEGISLATION COMMITTEE:

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1 SPECIAL MEETING February 26, 2013 The meeting was called to order at 5:15 p.m. by Chairman Michael A. Tabolt. Roll Call: All Legislators were present. The Invocation was offered by Legislator Hathway, followed by Chairman Tabolt leading the Pledge of Allegiance to the Flag. There were 5 persons present. REPORT OF THE RULES AND LEGISLATION COMMITTEE: The Rules and Legislation Committee had met and recommend to waive the rules to allow action on late resolutions. Richard Lucas, Chairman Philip Hathway Dated: February 26, 2013 Charles Fanning Legislator Lucas made a motion to waive the rules, seconded by Legislator Burke and carried. REPORTS OF STANDING COMMITTEES: Legislator Richard Lucas extended an invitation to all Legislators to participate in the Snowmobile Clubs sponsored ride scheduled on 2/28/13. Legislator Charles Fanning, Transportation/Solid Waste Committee Chairman, made a motion to authorize Solid Waste Director Peter Wood to fill two (2) part-time laborer positions, seconded by Legislator Boyd and carried. Legislator Fanning announced that bids would be opened on 2/27/13 at 2 p.m. for sand, gravel and crushing stone for the Highway Department. RESOLUTIONS: RESOLUTION NO RESOLUTION REGARDING SEQRA REVIEW TO ADD PROPOSED NEW TRAILS AND INTERCONNECTING ROAD SEGMENTS TO THE LEWIS COUNTY ATV TRAIL SYSTEM AND DECLARING NO SIGNIFICANT IMPACT Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee.

2 WHEREAS, the Board of Legislators has heretofore determined that the development of a county-wide trail system that can effectively and safely accommodate All Terrain Vehicles (hereafter, ATVs ) is in the public interest and will enhance the recreational use of the natural resources available in the County, as well as encourage tourism; and WHEREAS, the Board of Legislators has heretofore conducted an extensive evaluation of the potential environmental impacts associated with the development of a county-wide ATV trail system pursuant to Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ); and WHEREAS, in accordance with the procedures outlined in 6 NYCRR 617.9, the Board of Legislators caused to be prepared a Draft Generic Environmental Impact Statement ( DGEIS ) and a Final GEIS (collectively the GEIS ) and on December 18, 2008, the Board of Legislators accepted the GEIS as complete and on January 28, 2009, the Board of Legislators issued a written Statement of Findings setting forth the Board s conclusions and determinations, based upon the facts and analysis contained in the GEIS; and WHEREAS, upon completion of its SEQR review, the Board of Legislators formally established the Lewis County Trail System (herein Trail System ) by adopting Local Law No , A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM (herein, Local Law No. 2 ); and WHEREAS, both Local Law No. 2 and the Statement of Findings contemplate future amendments to the Trail System through the addition of trails and/or the opening of interconnecting roads and set forth procedures for making such amendments, and in particular, the procedures for amending the GEIS in compliance with SEQRA prior to amending the Trail System; and WHEREAS, the Highmarket Wheelers ATV Club has presented the Board of Legislators with a request to add certain off-road trails to the ATV Trail System as described in Exhibit "A" annexed hereto; and WHEREAS, as a consequence, the Board of Legislators has caused a sitespecific environmental review of the proposed trails and road segments, pursuant to Section 8.2 of the Statement of Findings issued by the Board of Legislators on January 28, 2009; and NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

3 Section 1. The Board of Legislators has received a report, dated February 26, 2012 (the Report ) from the Soil and Water Conservation District, detailing their investigations and findings with respect to the proposed new trails and interconnecting road segments identified in Exhibit A, and with the assistance from County staff and counsel, has reviewed the same and compared it with the GEIS and the Statement of Findings. Section 2. Based upon its review and analysis of the data contained in the Report, the Board of Legislators hereby finds and determines that: a. The Report adequately sets forth the relevant and material facts necessary for the Board of Legislators to make a decision; b. The Report adequately describes the consultant s investigations and analysis as to the significant adverse impacts and necessary mitigations for the specific sites; c. The consultant s findings set forth in the Report are consistent with the criteria identified and set forth in the GEIS and the Statement of Findings; d. The investigation and analysis of the sites described in Exhibit A did not reveal any environmental impacts that were either not addressed or were not adequately addressed in the GEIS and the Statement of Findings. Section 3. As a consequence of these determinations, the Board of Legislators hereby finds and declares that the addition of the proposed trails and interconnecting road segments described in Exhibit A to the Lewis County Trail System will not result in a significant environmental impact. Section 4. The Board of Legislators further finds and declares that pursuant to 6 NYCRR Part (d), neither a supplemental Findings Statement nor a negative declaration need be prepared or filed and no further action need be taken with regard to the County s environmental review of the sites identified in Exhibit A, and therefore, the Board has completed its lead agency responsibilities under SEQRA with regard to these sites. Section 5. That this Resolution shall take effect immediately. Moved by Legislator King, seconded by Legislator Bush.

4 Exhibit A 1. David A. LaFramboise (Sportsmen s Club Trail) (1.4 miles) 2. Thomas G. & Thomas O Brien, Timothy Barrow s, C-ville Fish & Game Club (Dolan Rd) (1.0 miles) 3. Gilbert Young (0.26 miles) 4. Tug Hill Hideaway, Dennis Beausejour, Tughill Snoriders, Duane Croniser, Bruce & Seth Wilbert (1.3 miles) 5. Michael Flannery, Brian & Amie Semancik (0.15 miles) 6. John Little, LLC, Jedrich Raymond Trust, Richard Miller (.37 miles) 7. High Street to Crofoot Hill off-road, Richard Miller (.09 miles) A1. John Casullo and Gerald Morczek (0.27 miles) A2. Gerald Morczek (0.66 miles) A3. Charles Mann and Tyrone Constantino (0.27 miles) A3a. Byrons Corners Investments (0.30 miles) A4. Jason Smith (0.16 miles) A5. Gilbert Young (Highmarket to Byrons Corners Road) (0.20 miles) A6. Donald Majka (Kraeger Road) (0.20 miles) B1. Stanley Hutchins (0.27 miles) B2. Royal Kraeger (0.11 miles) B3. Donald Majka (Duppert Road) (0.52 miles) B4. Edward Yeager (0.25 miles) C1. Terrance Miller (0.23 miles) C2. Terrance Miller (0.23 miles) D1. Nowwhac LLC (0.43 miles) D1a. Joseph Rossi (0.17 miles) D2. Michael Ricci (0.70 miles) E1. Christopher Ernst (0.17 miles) E2. Ronald Kotary & Richard Buszek (0.78 miles) E3. Timothy Mauro (0.30 miles) E4. DeMichiel Property (Mackay Road) (0.10 miles) F1. Douglas Seelman Property (Sweeney Road (0.16 miles) Total miles of trail

5 In response to Legislator Hathway, Soil and Water Conservation District Manager Nichelle Billhardt affirmed that the SEQR was appropriately completed. Atty. Graham stated that legal issues had been addressed, and that road segments have been broken out in separate Local Laws. He apologized that all the Introductory Local Laws were not prepared, but affirmed they would be placed on Legislators desks on 2/27/13 to meet legal time requirements. Atty. Graham stated that the road-to-road issue had been addressed, specifically with the Mackay Road in the Town of West Turin, whereby Town and County roads intersect. The SEQR, he stated, was prepared for the purposes and use by each, the County, the Town of West Turin and the Village of Constableville. In response to Legislator Stanford, Atty. Graham stated that the law allows road segments to be opened to connect trails, but does not limit the length of any specific road segment. However, the least length of road is opened with consideration of traffic safety issues. To that end, the current proposals encompass doubled off-road miles, compared to the request presented to the Board in July The resolution was then unanimously adopted. RESOLUTION NO RESOLUTION TO INCORPORATE NEW TRAILS INTO THE LEWIS COUNTY ATV TRAIL SYSTEM Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. WHEREAS, the Board of Legislators has heretofore determined that the development of a county-wide trail system that can effectively and safely accommodate All Terrain Vehicles (hereafter, ATVs ) is in the public interest and will enhance the recreational use of the natural resources available in the County, as well as encourage tourism; and WHEREAS, the Board of Legislators has heretofore conducted an extensive evaluation of the potential environmental impacts associated with the development of a county-wide ATV trail system pursuant to Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ); and WHEREAS, in accordance with the procedures outlined in 6 NYCRR 617.9, the Board of Legislators caused to be prepared a Draft Generic Environmental Impact Statement ( DGEIS ) and a Final GEIS (collectively the GEIS ) and on December 18, 2008, the Board of Legislators accepted the GEIS as complete and on January 28, 2009, the Board of Legislators issued a written Statement of Findings setting forth the Board s conclusions and determinations, based upon the facts and analyses contained in the GEIS; and

6 WHEREAS, upon completion of its environmental review under SEQRA, the Board of Legislators formally established the Lewis County Trail System (herein Trail System ) by adopting Local Law No , A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM (herein, Local Law No. 2 ); and WHEREAS, both Local Law No. 2 and the Statement of Findings contemplate future amendments to the ATV Trail System through the addition of trails and/or the opening of interconnecting roads and set forth procedures for making such amendments and additions; and WHEREAS, the Highmarket Wheelers ATV Club has presented the Board of Legislators with a request to add certain off-road trails to the ATV Trail System as described herein below; and WHEREAS, as a consequence, the Board of Legislators has caused a sitespecific environmental review of the proposed trails and road segments, pursuant to Section 8.2 of the Statement of Findings issued by the Board of Legislators on January 28, 2009; and WHEREAS, the Board of Legislators has contemporaneously herewith completed its review under SEQRA with respect to the trails identified herein below, and based upon an investigation and analysis conducted by the Soil and Water Conservation District, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact; and WHEREAS, the owners of the property where these trails are located have offered to enter into an Access Agreement that will permit the County to enter upon their property for the purpose of constructing and maintaining ATV trails that will be open to the public. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. That the Board of Legislators hereby approves entering into an Access Agreement with each of the following property owners: 1. David A. LaFramboise (Sportsmen s Club Trail) (1.4 miles) 2. Thomas G. & Thomas O Brien, Timothy Barrow s, C-ville Fish & Game Club (Dolan Rd) (1.0 miles) 3. Gilbert Young (0.26 miles) 4. Tug Hill Hideaway, Dennis Beausejour, Tughill Snoriders, Duane Croniser, Bruce & Seth Wilbert (1.3 miles) 5. Michael Flannery, Brian & Amie Semancik (0.15 miles) 6. John Little, LLC, Jedrich Raymond Trust, Richard Miller (.37 miles) + (0.6 miles Village Road) 7. High Street to Crofoot Hill off-road, Richard Miller (.09 miles)

7 A1. John Casullo and Gerald Morczek (0.27 miles) A2. Gerald Morczek (0.66 miles) A3. Charles Mann and Tyrone Constantino (0.27 miles) A3a. Byrons Corners Investments (0.30 miles) A4. Jason Smith (0.16 miles) A5. Gilbert Young (Highmarket to Byrons Corners Road) (0.20 miles) A6. Donald Majka (Kraeger Road) (0.20 miles) B1. Stanley Hutchins (0.27 miles) B2. Royal Kraeger (0.11 miles) B3. Donald Majka (Duppert Road) (0.52 miles) B4. Edward Yeager (0.25 miles) C1. Terrance Miller (0.23 miles) C2. Terrance Miller (0.23 miles) D1. Nowwhac LLC (0.43 miles) D1a. Joseph Rossi (0.17 miles) D2. Michael Ricci (0.70 miles) E1. Christopher Ernst (0.17 miles) E2. Ronald Kotary & Richard Buszek (0.78 miles) E3. Timothy Mauro (0.30 miles) E4. DeMichiel Property (Mackay Road) (0.10 miles) F1. Douglas Seelman Property (Sweeney Road (0.16 miles) Total miles of trail Section 2. That the Chairman, or Vice-Chairman, of the Board of Legislators is hereby authorized to make, execute, seal and deliver such Access Agreement(s), upon approval by the County Attorney as to form. Section 3. The trails located on the above referenced properties and more fully described in the Supplemental Statement prepared by the Soil and Water Conservation District are hereby deemed incorporated into and made a part of the Lewis County Trail System. Section 4. The Board of Legislators hereby authorizes the amendment of the maps of the Lewis County ATV Trail System as the same are published on the Lewis County website and elsewhere to include the trails described herein together with such other and further actions as may be necessary to administer and maintain such trails consistent with the Lewis County ATV Trail Plan, the GEIS and Statement of Findings, and Local Law No

8 Section 5. That the within resolution shall take effect immediately. Moved by Legislator Wallace, seconded by Legislator Bush. Atty. Graham affirmed that access agreements have been signed by each of the listed landowners. The resolution was then unanimously adopted. EXHIBIT A Two recreational trails are being proposed by Lewis County to allow for a contiguous trail system in southern Lewis County. The first proposed trail will extend from the Burdicks Crossing Road in the Town of Turin to Cherry Street and McAlpine Street in the Village of Lyons Falls for a total of 25,741 feet. The Burdicks Crossing to Lyons Falls project will involve very little construction because it will follow the existing railroad bed currently used as a snowmobile trail. Minor drainage improvement will occur to restore a hydrologic connection and keep the trail dry for its users. The second proposed trail will connect the Burdicks Crossing Road in the Town of Greig to the Fish Creek Road, for a total of 3,500 feet, excluding road connections. This project will extend over property owned by private landowners, the Iroquois Gas Transmission Systems, and the Lewis County Industrial Development Agency. Both trails proposed will be no wider than 10 feet to allow for the passing of two ATVs and limit the environmental disturbance. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. A LOCAL LAW AMENDING LOCAL LAW NO REGARDING THE FEES CHARGED FOR ATV PERMITS IN THE LEWIS COUNTY TRAIL SYSTEM BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows: SECTION 1. TITLE This Local Law shall be known as A LOCAL LAW AMENDING LOCAL LAW NO REGARDING THE FEES CHARGED FOR ATV PERMITS IN THE LEWIS COUNTY TRAIL SYSTEM.

9 SECTION 2. STATUTORY AUTHORITY This local law is enacted pursuant to Municipal Home Rule Law ( MHL ) 10(1)(i) provides that a county may adopt local laws relating to its property, affairs or government provided it is not inconsistent with the provisions of the constitution or any general law. SECTION 3. LEGISALTIVE FINDINGS The Board of Legislators makes the following findings in support of this Local Law: 1. That the Board of Legislators has heretofore adopted Local Law No whereby the Board established the Lewis County Trail System ( Trail System ), which is an identified and designated system of trails and interconnecting roads throughout Lewis County for outdoor enthusiasts who enjoy the use and operation of all-terrain vehicles ( ATVs ). 2. That Local Law No established a permit system pursuant to which no person shall operate any ATV on any County Reforestation Land, County property, or on any trail on private property that has been incorporated into the Lewis County Trail System unless such ATV has received a Lewis County Trail Permit in accordance with the provisions of that Local Law. 3. That Local Law No was amended by Local Law No , whereby a discounted permit for owners of multiple machines was established. 4. That in order to improve both the management of the Trail System as well as the administration of the permit fees, the Board of Legislators believes that it is in the public interest to amend the fee structure of Local Law No , and that Local Law No be repealed as unnecessary. SECTION 4. LEWIS COUNTY ATV TRAIL PERMITS. 1. Section "11" of Local Law No , entitled, LEWIS COUNTY ATV TRAIL PERMITS is hereby amended by deleting the language contained in Paragraph 4 thereof in its entirety and inserting the following language in substitution therefor: "4. Fees. Fees for the issuance of a Lewis County Trail Permit to be collected by Lewis County under this Local Law are as follows. a. A fee of sixty-five dollars ($65) for each individual ATV for which a Trail Permit is requested.

10 b. In the event that an applicant wishes to obtain permits for more than one ATV (provided that all ATV s are registered to the same mailing address), the permit fee each additional ATV shall be $20 per machine. d. Fees shall not be prorated and such fees shall be applicable only to the year in which the permit is issued. e. Provided, however, that the provisions of paragraphs (a) and (b) of this subdivision shall not apply to any landowner who has entered into an access agreement with the County to permit the development of one or more ATV trail on his or her property. SECTION 5. REPEALER. Local Law No is hereby repealed as no longer necessary. SECTION 6. SAVINGS CLAUSE Except as specifically amended or modified herein, the provisions of Local Law No shall remain in full force and effect. SECTION 7. EFFECTIVE DATE. This Local Law shall become effective upon filing with the Secretary of State. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY LOCAL LAW NO ), COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 26, 2013, a proposed Local Law entitled A LOCAL LAW AMENDING LOCAL LAW NO REGARDING THE FEES CHARGED FOR ATV PERMITS IN THE LEWIS COUNTY TRAIL SYSTEM. Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 5, 2013, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York.

11 Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator Boyd, seconded by Legislator King, and adopted. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.30 MILES OF MACKAY ROAD (CR 45) BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows: SECTION I. TITLE. This Local Law shall be known as A Local Law Permitting All-Terrain Vehicle Operation on 0.30 miles of Mackay Road (CR 45). SECTION II. PURPOSE. The purpose of this Local Law is to designate a certain portion of Mackay Road (CR 45) within the County Highway system as being open for travel by all-terrain vehicles pursuant to the authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York. SECTION III. DEFINITIONS. For purposes of this Local Law, the terms hereinafter identified shall have the meanings indicated: (a) The term County shall refer to the County of Lewis. (b) The term ATV shall refer to an all-terrain vehicle as defined in Section 2281(1) of the Vehicle and Traffic Law of the State of New York. (c) The term Trail System shall refer to the Lewis County Trail System, as adopted and administered pursuant to Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM, and as the same may be amended from time to time.

12 (d) The term ATV Code shall refer to the Lewis County ATV Code which sets forth the local rules and regulations pertaining to the operation of ATV s on public property pursuant to Local Law No , entitled A LOCAL LAW ESTABLISHING THE LEWIS COUNTY ATV CODE, and as the same may be amended from time to time. (e) The term CR shall mean County Route, and is used to describe or designate certain highways as owned by the County of Lewis and maintained by the Lewis County Highway Department. SECTION IV. LEGISLATIVE FINDINGS The Board of Legislators hereby makes the following findings: 1. That Board of Legislators has carefully reviewed a Memorandum from the County Attorney detailing the legal obligations of the Board when considering opening a County highway or portion thereof to ATV use. 2. The Board of Legislators has conducted a review of the potential adverse impacts the opening of the proposed interconnecting County Roads consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ) and after an investigation and analysis conducted by the Board s environmental consultants, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact. 3. The Board of Legislators has also reviewed the annual ATV Activity Report as compiled by the Lewis County Sheriff s Department. 4. The County Highway Superintendent has reviewed the roads or portions thereof that are proposed to be opened to ATV traffic, and has provided the Board with his written opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV traffic will not significantly impact traffic safety at those localities. 5. In light of all the information submitted, reviewed and/or received during the public hearing, the Board of Legislators hereby determines and finds that with respect to that portion of Mackay Road (CR 45) as described herein, that it is otherwise impossible for ATV s to gain access to the southerly end of the trail located on the property of DiMichel; and that it is otherwise impossible for ATV s to gain access to the northerly end of the trail located on the property of Mauro absent the adoption of this Local Law. SECTION V. DESIGNATION OF HIGHWAYS. The following County highway, or portions thereof, is hereby designated as OPEN to travel by ATV s:

13 Beginning at the point where the Town line of the Town of Turin intersects with the Mackay Road (CR 45) thence southerly a distance of 0.30 miles to an ATV trail on the property of landowner Mauro. (This is an extension of that portion of the Mackay Road that is within the Town of Turin that connects to the southerly end of a trail located on the property of DiMichiel in the Town of Turin a distance of.25 miles from the Town line. The intent is to provide a connection from the southerly end of the trail located on the DiMichel property to the northerly end of a trail located on the Mauro property. The total distance between these two trails is.55 miles, of which.25 miles is a Town of Turin highway and.30 miles is a County highway. SECTION VI. CONDITIONS AND RESTRICTIONS. A. All of the conditions, restrictions, rules and regulations contained in or adopted pursuant to Article 48-C of the Vehicle and Traffic Law of the State of New York shall apply with respect to the operation of ATV s within the areas designated in the preceding Section IV. B. The road segments set forth above shall be deemed incorporated into the Lewis County ATV Trail System and subject to the conditions, restrictions, rules and regulations set forth in Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM as well as Local Law No , entitled, THE LEWIS COUNTY ATV CODE as the same may be amended from time to time. SECTION VII. SEPARABILITY. In the event that any part or provision of this Local Law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances. Moreover, the Board of Legislators of the County of Lewis hereby declares its intent that it would have passed this Local Law or the remainder thereof had such invalid provision or invalid application been apparent. SECTION VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY LOCAL LAW NO ), COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee.

14 WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 26, 2013, a proposed Local Law entitled A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.30 MILES OF MACKAY ROAD (CR 45). Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 5, 2013, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator Lucas, seconded by Legislator Burke, and adopted. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 1.75 MILES OF MACKAY ROAD (CR 45) BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows: SECTION I. TITLE. This Local Law shall be known as A Local Law Permitting All-Terrain Vehicle Operation on 1.75 miles of Mackay Road (CR 45). SECTION II. PURPOSE. The purpose of this Local Law is to amend the designation of certain highways or portions thereof within the County Highway system as being open for travel by all-terrain vehicles pursuant to the authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York.

15 SECTION III. DEFINITIONS. For purposes of this Local Law, the terms hereinafter identified shall have the meanings indicated: (a) The term County shall refer to the County of Lewis. (b) The term ATV shall refer to an all-terrain vehicle as defined in Section 2281(1) of the Vehicle and Traffic Law of the State of New York. (c) The term Trail System shall refer to the Lewis County Trail System, as adopted and administered pursuant to Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM, and as the same may be amended from time to time. (d) The term ATV Code shall refer to the Lewis County ATV Code which sets forth the local rules and regulations pertaining to the operation of ATV s on public property pursuant to Local Law No , entitled A LOCAL LAW ESTABLISHING THE LEWIS COUNTY ATV CODE, and as the same may be amended from time to time. (e) The term CR shall mean County Route, and is used to describe or designate certain highways as owned by the County of Lewis and maintained by the Lewis County Highway Department. SECTION IV. LEGISLATIVE FINDINGS The Board of Legislators hereby makes the following findings: 1. That Board of Legislators has carefully reviewed a Memorandum from the County Attorney detailing the legal obligations of the Board when considering opening a County highway or portion thereof to ATV use. 2. The Board of Legislators has conducted a review of the potential adverse impacts the opening of the proposed interconnecting County Roads consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ) and after an investigation and analysis conducted by the Board s environmental consultants, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact. 3. The Board of Legislators has also reviewed the annual ATV Activity Report as compiled by the Lewis County Sheriff s Department. 4. The County Highway Superintendent has reviewed the roads or portions thereof that are proposed to be opened to ATV traffic, and has provided the Board with his written opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV traffic will not significantly impact traffic safety at those localities.

16 5. In light of all the information submitted, reviewed and/or received during the public hearing, the Board of Legislators hereby determines and finds that with respect to certain portion of Mackay Road (CR 45) ) as described herein, that it is otherwise impossible for ATV s to gain access to the southerly end of the trail located on the property of Mauro; and that it is otherwise impossible to gain access to the northerly end of a trail located on the property of Buczek, which trail traverses 0.75 miles through the property of Buczek and Kotary. SECTION V. DESIGNATION OF HIGHWAYS. The following County highway, or portions thereof, is hereby designated as OPEN to travel by ATV s: That certain portion of Mackay Road (CR 45): 1.75 miles, beginning at the southerly end of a trail located on the property of landowner Mauro; thence southwest a distance of 1.75 miles to the northerly end of an ATV trail located on the property of landowner Buczek, which trail traverses the properties of Buczek and Kotary. SECTION VI. CONDITIONS AND RESTRICTIONS. A. All of the conditions, restrictions, rules and regulations contained in or adopted pursuant to Article 48-C of the Vehicle and Traffic Law of the State of New York shall apply with respect to the operation of ATV s within the areas designated in the preceding Section IV. B. The road segments set forth above shall be deemed incorporated into the Lewis County ATV Trail System and subject to the conditions, restrictions, rules and regulations set forth in Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM as well as Local Law No , entitled, THE LEWIS COUNTY ATV CODE as the same may be amended from time to time. SECTION VII. SEPARABILITY. In the event that any part or provision of this Local Law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances. Moreover, the Board of Legislators of the County of Lewis hereby declares its intent that it would have passed this Local Law or the remainder thereof had such invalid provision or invalid application been apparent. SECTION VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State.

17 RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY LOCAL LAW NO ), COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 26, 2013, a proposed Local Law entitled A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 1.75 MILES OF MACKAY ROAD (CR 45). Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 5, 2013, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator King, seconded by Legislator Wallace, and adopted. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas of the Chairman of the Economic Development Committee. A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.79 MILES OF MACKAY ROAD (CR 45) BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows: SECTION I. TITLE. This Local Law shall be known as A Local Law Permitting All-Terrain Vehicle Operation on 0.79 miles of Mackay Road (CR 45). SECTION II. PURPOSE. The purpose of this Local Law is to amend the designation of certain highways or portions thereof within the County Highway system as being open for travel by all-terrain vehicles pursuant to the authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York.

18 SECTION III. DEFINITIONS. For purposes of this Local Law, the terms hereinafter identified shall have the meanings indicated: (a) The term County shall refer to the County of Lewis. (b) The term ATV shall refer to an all-terrain vehicle as defined in Section 2281(1) of the Vehicle and Traffic Law of the State of New York. (c) The term Trail System shall refer to the Lewis County Trail System, as adopted and administered pursuant to Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM, and as the same may be amended from time to time. (d) The term ATV Code shall refer to the Lewis County ATV Code which sets forth the local rules and regulations pertaining to the operation of ATV s on public property pursuant to Local Law No , entitled A LOCAL LAW ESTABLISHING THE LEWIS COUNTY ATV CODE, and as the same may be amended from time to time. (e) The term CR shall mean County Route, and is used to describe or designate certain highways as owned by the County of Lewis and maintained by the Lewis County Highway Department. SECTION IV. LEGISLATIVE FINDINGS The Board of Legislators hereby makes the following findings: 1. That Board of Legislators has carefully reviewed a Memorandum from the County Attorney detailing the legal obligations of the Board when considering opening a County highway or portion thereof to ATV use. 2. The Board of Legislators has conducted a review of the potential adverse impacts the opening of the proposed interconnecting County Roads consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ) and after an investigation and analysis conducted by the Board s environmental consultants, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact. 3. The Board of Legislators has also reviewed the annual ATV Activity Report as compiled by the Lewis County Sheriff s Department.

19 4. The County Highway Superintendent has reviewed the roads or portions thereof that are proposed to be opened to ATV traffic, and has provided the Board with his written opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV traffic will not significantly impact traffic safety at those localities. 5. In light of all the information submitted, reviewed and/or received during the public hearing, the Board of Legislators hereby determines and finds that with respect to certain portion of Mackay Road (CR 45) as described herein, that it is otherwise impossible for ATV s to gain access to the southerly end of the trail located on the property of landowner Kotary; and that it is otherwise impossible for ATV's to gain access to the northerly end of the trail located on the property of landowner Ernst. SECTION V. DESIGNATION OF HIGHWAYS. The following County highway, or portions thereof, is hereby designated as OPEN to travel by ATV s: That certain portion of Mackay Road (CR 45): 0.79 miles, beginning at the southerly end of an ATV trail located on the property of landowner Kotary; thence southerly a distance of 0.79 miles to the northerly end of an ATV trail located on the property of landowner Ernst. SECTION VI. CONDITIONS AND RESTRICTIONS. A. All of the conditions, restrictions, rules and regulations contained in or adopted pursuant to Article 48-C of the Vehicle and Traffic Law of the State of New York shall apply with respect to the operation of ATV s within the areas designated in the preceding Section IV. B. The road segments set forth above shall be deemed incorporated into the Lewis County ATV Trail System and subject to the conditions, restrictions, rules and regulations set forth in Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM as well as Local Law No , entitled, THE LEWIS COUNTY ATV CODE as the same may be amended from time to time. SECTION VII. SEPARABILITY. In the event that any part or provision of this Local Law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances. Moreover, the Board of Legislators of the County of Lewis hereby declares its intent that it would have passed this Local Law or the remainder thereof had such invalid provision or invalid application been apparent.

20 SECTION V III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY LOCAL LAW NO ), COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 26, 2013, a proposed Local Law entitled A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.79 MILES OF MACKAY ROAD (CR 45). Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 5, 2013, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator Fanning, seconded by Legislator Boyd, and adopted. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.55 MILES OF HIGHMARKET ROAD (CR 48) BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows:

21 SECTION I. TITLE. This Local Law shall be known as A Local Law Permitting All-Terrain Vehicle Operation on 0.55 miles of Highmarket Road (CR 48)." SECTION II. PURPOSE. The purpose of this Local Law is to amend the designation of certain highways or portions thereof within the County Highway system as being open for travel by all-terrain vehicles pursuant to the authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York. SECTION III. DEFINITIONS. For purposes of this Local Law, the terms hereinafter identified shall have the meanings indicated: (a) (b) (c) (d) (e) The term County shall refer to the County of Lewis. The term ATV shall refer to an all-terrain vehicle as defined in Section 2281(1) of the Vehicle and Traffic Law of the State of New York. The term Trail System shall refer to the Lewis County Trail System, as adopted and administered pursuant to Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM, and as the same may be amended from time to time. The term ATV Code shall refer to the Lewis County ATV Code which sets forth the local rules and regulations pertaining to the operation of ATV s on public property pursuant to Local Law No , entitled A LOCAL LAW ESTABLISHING THE LEWIS COUNTY ATV CODE, and as the same may be amended from time to time. The term CR shall mean County Route, and is used to describe or designate certain highways as owned by the County of Lewis and maintained by the Lewis County Highway Department. SECTION IV. LEGISLATIVE FINDINGS The Board of Legislators hereby makes the following findings: 1. That Board of Legislators has carefully reviewed a Memorandum from the County Attorney detailing the legal obligations of the Board when considering opening a County highway or portion thereof to ATV use.

22 2. The Board of Legislators has conducted a review of the potential adverse impacts the opening of the proposed interconnecting County Roads consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ) and after an investigation and analysis conducted by the Board s environmental consultants, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact. 3. The Board of Legislators has also reviewed the annual ATV Activity Report as compiled by the Lewis County Sheriff s Department. 4. The County Highway Superintendent has reviewed the roads or portions thereof that are proposed to be opened to ATV traffic, and has provided the Board with his written opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV traffic will not significantly impact traffic safety at those localities. 5. In light of all the information submitted, reviewed and/or received during the public hearing, the Board of Legislators hereby determines and finds that with respect to that certain portion of Highmarket Road (CR 48) as described herein, that it is otherwise impossible for ATV s to gain access to the southerly end of an ATV trail located on the property of landowner Ernst and the northerly end of an ATV trail located on the property of landowner Young. SECTION V. DESIGNATION OF HIGHWAYS. The following County highway, or portions thereof, is hereby designated as OPEN to travel by ATV s: That certain portion of Highmarket Road (CR 48): 0.55 miles, beginning at the southerly end of an ATV trail located on property of landowner Ernst; thence west a distance of 0.55 miles to the northerly end of a trail located on the property of landowner Young. SECTION VI. CONDITIONS AND RESTRICTIONS. A. All of the conditions, restrictions, rules and regulations contained in or adopted pursuant to Article 48-C of the Vehicle and Traffic Law of the State of New York shall apply with respect to the operation of ATV s within the areas designated in the preceding Section IV. B. The road segments set forth above shall be deemed incorporated into the Lewis County ATV Trail System and subject to the conditions, restrictions, rules and regulations set forth in Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM as well as Local Law No , entitled, THE LEWIS COUNTY ATV CODE as the same may be amended from time to time.

23 SECTION VII. SEPARABILITY. In the event that any part or provision of this Local Law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances. Moreover, the Board of Legislators of the County of Lewis hereby declares its intent that it would have passed this Local Law or the remainder thereof had such invalid provision or invalid application been apparent. SECTION VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY LOCAL LAW NO ), COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 26, 2013, a proposed Local Law entitled A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON 0.55 MILES OF HIGHMARKET ROAD (CR 48). Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 5, 2013, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator King, seconded by Legislator Lucas, and adopted.

24 LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Richard Lucas, Chairman of the Economic Development Committee. A LOCAL LAW PERMITTING ALL-TERRAIN VEHICLE OPERATION ON CERTAIN PORTIONS OF BYRONS CORNERS ROAD (CR 49) BE IT ENACTED by the Board of Legislators of the County of Lewis, as follows: SECTION I. TITLE. This Local Law shall be known as A Local Law Permitting All-Terrain Vehicle Operation on 1.41 miles of Byrons Corners Road (CR 49) to intersection of Sweeney Road and ATV trail of property owner Mann to the intersection of Fish Creek Road. SECTION II. PURPOSE. The purpose of this Local Law is to amend the designation of certain highways or portions thereof within the County Highway system as being open for travel by all-terrain vehicles pursuant to the authority granted in Section 2405 of the Vehicle and Traffic Law of the State of New York. SECTION III. DEFINITIONS. For purposes of this Local Law, the terms hereinafter identified shall have the meanings indicated: (a) (b) (c) (d) The term County shall refer to the County of Lewis. The term ATV shall refer to an all-terrain vehicle as defined in Section 2281(1) of the Vehicle and Traffic Law of the State of New York. The term Trail System shall refer to the Lewis County Trail System, as adopted and administered pursuant to Local Law No , entitled, A LOCAL LAW ESTABLISHING THE LEWIS COUNTY TRAIL SYSTEM, and as the same may be amended from time to time. The term ATV Code shall refer to the Lewis County ATV Code which sets forth the local rules and regulations pertaining to the operation of ATV s on public property pursuant to Local Law No , entitled A LOCAL LAW ESTABLISHING THE LEWIS COUNTY ATV CODE, and as the same may be amended from time to time.

25 (e) The term CR shall mean County Route, and is used to describe or designate certain highways as owned by the County of Lewis and maintained by the Lewis County Highway Department. SECTION IV. LEGISLATIVE FINDINGS The Board of Legislators hereby makes the following findings: 1. That Board of Legislators has carefully reviewed a Memorandum from the County Attorney detailing the legal obligations of the Board when considering opening a County highway or portion thereof to ATV use. 2. The Board of Legislators has also reviewed a report from the Trails Coordinator entitled, Description of Amended Designation of ATV Trails and Interconnecting County Roads for Use by ATV s 2012, dated July 13, 2012, which has been submitted to the Board of Legislators identifying each road segment that is proposed to be opened to ATV traffic and providing a description of the trail or area that is adjacent to such road and the justification for same as required by Vehicle & Traffic Law The Board of Legislators has conducted a review of the potential adverse impacts the opening of the proposed interconnecting County Roads consistent with Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations ( NYCRR ) implementing Article 8 (collectively referred to hereinafter as SEQRA ) and after an investigation and analysis conducted by the Board s environmental consultants, has found and determined that adding these trails to the Lewis County Trail ATV System will not result in a significant environmental impact. 4. The Board of Legislators has also reviewed the annual ATV Activity Report as compiled by the Lewis County Sheriff s Department. 5. The County Highway Superintendent has reviewed the roads or portions thereof that are proposed to be opened to ATV traffic, and has provided the Board with his written opinion that such roads or portions thereof are presently opened to all classes of motor vehicle traffic and that opening said roads or portions thereof to ATV traffic will not significantly impact traffic safety at those localities. 6. In light of all the information submitted, reviewed and/or received during the public hearing, the Board of Legislators hereby determines and finds that with respect to certain portion of Mackay Road (CR 45) set forth in Local Law Introductory No , and is proposed to be opened to ATV traffic, that it is otherwise impossible for ATV s to gain access to areas or trails adjacent to such road or portion thereof.