JUNE 21, Mr. Theodore M. Fafinski, Chairman of the Board of Supervisors, presided. As no one wished to speak, the public hearing was closed.

Transcription

1 JUNE 21, A Public Hearing concerning Local Law No. 2 (Intro.) of 2012 entitled, A Local Law Applying the Management Compensation Program to Certain County Officers Appointed for Definite Terms for the Year 2013, was held in the Supervisors Session Room located in the Ontario County Court House, Canandaigua, New York, on Thursday, June 21, Mr. Theodore M. Fafinski, Chairman of the Board of Supervisors, presided. As no one wished to speak, the public hearing was closed. The regular meeting of the Ontario County Board of Supervisors was called to order at 6:31 p.m. with Chairman Fafinski presiding. Upon roll call, all Members of the Board were present, with the exception of Mr. Samuel Casella and Mr. Norman Teed. Supervisors Casella and Teed were declared necessarily absent. The Pledge of Allegiance was led by Mr. Donald C. Ninestine. Minutes of the preceding session were approved without being read by motion of Mr. Gallahan, seconded by Miss Luckern, and carried. Supervisor LaRocca requested Privilege of the Floor for Mr. PJ Emerick, Soil & Water Conservation District, Sr. District Manager, as well as the Vice-Chair of the Finger Lakes Water Resource Council. Mr. Emerick reported that he and Supervisor Russell recently attended a regional meeting of the Water Quality Coordinating Committees, or Water Resource Council. At this meeting each member was asked to provide information with regard to their local groups. Mr. Emerick indicated that after he provided information with regard to the Finger Lakes Water Resource Council, all members at that meeting were very impressed to hear of the strong role and support provided by the County Administrator and Board of Supervisors. Mr. Emerick stated that he was very proud to be part of those accolades, and felt it was important to pass that on to this Board. Supervisor Marren requested Privilege of the Floor for Mr. Glen Johnson, Director of Council and Alcohol & Addiction of the Finger Lakes concerning casino gambling. Mr. Johnson provided a handout entitled, Stop the Expansion of Gambling in New York State, and addressed some of the highlights in that article. In particular, Mr. Johnson spoke to a few of the outcomes associated with compulsive gambling that included drug abuse and domestic violence, as well as the cost of damages that are caused by the destructive behavior of the gambler thereafter. These costs are also seen with the increases in welfare and other costs to the county government in assistance provided to the addict. Mr. Johnson went on to say that there have been dramatic increases in violence, debt, family dysfunction, bankruptcy and mental illness in states where gambling has been legalized. The council is not naïve to the economic impact with the increase of casinos, such as promised job growth and increased tax benefits. However, the question is whether these are sustainable and what is the downside. Mr. Johnson wished to provide information as another tool in the toolbox to assist in any decision making that may come to this Board for Ontario County. Supervisor Marren requested Privilege of the Floor for Christy Richards regarding Ontario County Employee Wellness Program. Ms. Richards reported that Ontario County recently received the 2012 Wealth of Health Award sponsored by Excellus Blue Cross/Blue Shield and the Rochester Business Journal. This award honors innovative organizations that promote workplace wellness, improving both bottom line and the overall health of our community. Ms. Richards thanked the Board of Supervisors for its support of the County Wellness Program and went over many events and programs

2 2 REGULAR MEETING that are in place and have been benefiting county employees since the establishment of this program. Supervisor Ninestine requested Privilege of the Floor for Liz Hatcher of the Health Facility. Ms. Hatcher indicated that she recently learned through a newspaper article that F.F. Thompson Hospital received the HEAL grant. She noted her disconcertment of how the employees and the residents at the Health Facility received this information and they feel that they are left in the dark, and are asking that someone sit down with employees and keep them informed. Ms. Hatcher raised the question as to why the facility has 85 residents in a 98 bed facility and why some elderly citizens have been turned away. Supervisor Sheppard requested Privilege of the Floor for Steve Healy, CSEA President of the Employees Unit. Mr. Healy began by recognizing the difficult task at hand with regards to the Ontario County Health Facility. His position is to protect the employees, and it is understood that the County is trying to do what is right for the taxpayers. Mr. Healy offered the suggestion that a public hearing of sorts be provided to hear input of the taxpayers, and to provide information to the residents and employees of the Health Facility. He went on to say that he would be available for any questions, and pointed out that the employees and residents are only asking that their questions and concerns be addressed directly. Supervisor Sheppard requested Privilege of the Floor to report on a recent conference he attended. Mr. Sheppard reported that he recently attended a Local Government Leadership Training sponsored by state comptroller and he passed on some of the information that was provided. The Clerk presented copies received of minutes of meetings held as follows: a. Alternatives to Incarceration, Advisory Board Meeting held March 5, b. Governmental Operations & Improved Methods Committee held May 1, c. Insurance Committee held May 1, d. Finger Lakes Community College, Board of Trustees, held May 2, e. VAVS/Community Council Committee held May 2, f. Ontario County Municipal Clerks Association, held May 16, g. FLCC Projects Committee held May 17, h. Financial Management Committee held May i. Health & Medical Services Committee held May 23, j. Human Services Committee held May 24, k. Insurance Committee held May 31, l. Traffic Safety Board held June 6, FILED. The Clerk presented letters received from State Assembly Minority Leader, Brian M. Kolb, acknowledging receipt of Ontario County Resolutions. FILED. The Clerk presented copy of letter received from the New York State Department of Health advising of the county s new Medicaid local share cap amounts, dated June 8, FILED. The Clerk presented letter received from the New York State Department of Agriculture and Markets acknowledging Ontario County s inclusion of viable agricultural land in Ag Districts No. 1 and 9, dated May 31, FILED. The Clerk presented Canal Splash! information regarding the August, 2012 events received from the New York State Canal Corporation. FILED.

3 JUNE 21, The Clerk presented letter granting a 30 day extension for comments on the proposed Article 10 regulations received from the New York State Department of Public Service, dated May 25, FILED. The Clerk presented Negative Declaration for interested parties regarding the Cadence Square Project located at 400 Fort Hill Ave, Canandaigua, NY, received from the New York State Homes & Community Renewal, dated June 7, FILED. The Clerk presented correspondence received from the NYS Homes & Community Renewal announcing a workshop entitled, Section 3: Creating Economic Opportunity for Low and Moderate Income Area Residents & Businesses. FILED. The Clerk presented copy of resolution approving request for appointments to the Finger Lakes Workforce Investment Board received from Wayne County Board of Supervisors, dated May 15, FILED. The Clerk presented notice of Public Hearing received from the Town of Geneva, dated June 12, FILED. The Clerk presented letter received from Fulton County Board of Supervisors Chairman, Michael F. Gendron, regarding a Truth in Taxation local law, dated June 8, Referred to: Governmental Ops & Imp. Methods Committee The Clerk presented meeting materials for the June 21, 2012, Genesee Transportation Council meeting. FILED. The Clerk presented Ontario County Office of Sheriff, 2011 Annual Report. FILED. The Clerk presented Genesee/Finger Lakes Regional Planning Council Annual Report. FILED. The Clerk presented NYS Annual Probation Plan and Application & Annual Alternatives to Incarceration Service Plan. FILED. The Clerk presented Communication received from the County Administrator as follows: a. Key Events #9-2012, dated June 19, b. Copy of letter sent to Commissioner Darrel J. Aubertine, NYS Department of Agriculture and Markets, dated June 15, FILED. The Clerk presented copies of Notifications of Grant Awards for the CSE, EISEP, CSI, SNAP, State HIICAP and State Transportation County Office for the Aging Four Year Plan, received from the NYS Office of the Aging, dated June 8, FILED. The Clerk presented change in the LWIA s Notice of Obligational Authority for the new individual training plan funds received from the NYS Department of Labor, dated June 15, FILED. The Clerk presented copy of resolution supporting S.5590B/A.8489A to Revise the Sharing Formula for Wireless E911 Surcharge Monies received from the Fulton County Board of Supervisors. FILED. The Clerk presented copy of resolution Calling Upon the Governor and the Legislature to Recognize the Importance of Local Government Involvement in the New

4 4 REGULAR MEETING Article X Power Plant Siting Process received from the Seneca County Board of Supervisors. FILED. Mr. Champlin, Office for the Aging Advisory Committee, reported on the annual Office for the Aging Award Ceremony for seniors in the community who volunteer their services and their time. He said there was a tremendous amount of support from the supervisors, and he was asked to thank all who attended. Mr. Champlin further recognized staff at the Office for the Aging who organize the volunteers and get them where they can help the most. Mrs. Huber, Genesee Transportation Council delegate, reported on the quarterly meeting she attended recently. She stated that Mr. Bob Traverse of the Region 4 NYS DOT talked about new programs that the state is embarking on. This new program relates to statewide infrastructure principles, of which Region 4 of the NYS DOT has already been putting into practice. Mrs. Huber indicated that additional information will be sent out shortly. Mr. Fafinski offered the following resolution of sympathy and moved its adoption, seconded by Mr. Gallahan: RESOLUTION NO RESOLUTION OF SYMPATHY MR. ELWYN C. HERENDEEN WHEREAS, This Board of Supervisors was saddened to learn of the recent death of Mr. Elwyn C. Herendeen, former Supervisor representing the Town of Farmington, from 1973 through 1975; and WHEREAS, During his tenure on this Board, Mr. Herendeen diligently served on many standing committees including Financial, Public Health, and Education, and subsequently accepting appointment as Ontario County s first County Administrator; and WHEREAS, Mr. Herendeen faithfully served as administrator from 1976 through 1984; now, therefore, be it RESOLVED, That this Board of Supervisors, on behalf of its members both past and present, mourns the death of Mr. Herendeen and extends its sincere sympathy to his family; and further RESOLVED, That this resolution be spread upon the minutes of this Board and a copy sent to the Herendeen family. Chairman Fafinski recognized the legacy Mr. Herendeen held in the Town of Farmington, and made several remarks regarding his contribution to the community and the county. Resolution No was unanimously adopted. Mrs. Huber offered the following block of two resolutions and moved its adoption, seconded by Mr. Baker: RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON TENTATIVE BUDGET FINGER LAKES COMMUNITY COLLEGE

5 JUNE 21, RESOLVED, That a Public Hearing on the Tentative Budget for the Finger Lakes Community College for the year will be held on July 12, 2012, at 6:30 p.m., at the Supervisors Session Room, Court House, 27 North Main Street, Canandaigua, New York. RESOLUTION NO A REFUNDING BOND RESOLUTION DATED JUNE 21, 2012, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,650,000 OF THE COUNTY OF ONTARIO, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO WHEREAS, The County of Ontario, New York (the County ) heretofore issued its Public Improvement (Serial) Bonds, 2003 in the original aggregate principal amount of $4,105,900 (the 2003 Bonds ) to finance the cost of construction, acquisition and equipment of a County correctional facility, as described in Exhibit A attached hereto and made a part hereof; and WHEREAS, The 2003 Bonds maturing in the years 2013 through 2023, inclusive (collectively, the "Refunded Bonds"), are outstanding in the aggregate principal amount of $2,375,000 and are callable for early redemption on October 15, 2012; and WHEREAS, The Refunded Bonds are dated April 15, 2003, and the maturities of the Refunded Bonds are as set forth in Exhibit B attached hereto and made a part hereof; and WHEREAS, The County desires to refund all or a portion of the Refunded Bonds by issuing certain refunding bonds and selling such bonds pursuant to a private sale to Jefferies & Company, Inc. (the Underwriter ); and WHEREAS, It would be in the public interest for the County to achieve substantial debt service savings by refinancing all or a portion of the Refunded Bonds by the issuance of refunding bonds pursuant to Section of the Local Finance Law; and WHEREAS, Such refunding will result in present value savings in debt service as required by Section of the Local Finance Law; now, therefore, be it RESOLVED, By the Board of Supervisors of the County as follows: SECTION 1. For the object or purpose of refunding all or a portion of the outstanding principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (A) the principal amount of the Refunded Bonds, (B) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date(s) on which the Refunded Bonds mature or are redeemed in accordance with the refunding financial plan, as hereinafter defined, (C) redemption premiums, if any, payable on the Refunded Bonds as of such redemption date or dates, (D) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including, but not limited to, the development of the refunding financial plan, as hereinafter defined, the fees and costs of the financial advisor to the County (the Financial Advisor ), the fees and costs of the bond counsel to the County (the Bond Counsel ), the costs and expenses of executing and performing the terms and conditions of the escrow contract, as hereinafter defined, and the fees and charges of the escrow holder, as hereinafter described, and (E) the premium or premiums for the policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued the Refunding Bonds, 2012 of the County in an aggregate principal amount not to exceed $2,650,000

6 6 REGULAR MEETING pursuant to the provisions of Section of the Local Finance Law (the Refunding Bonds ), it being currently anticipated that the principal amount of the Refunding Bonds actually to be issued is projected to be approximately $2,265,000, as described in Section 5 hereof. The Refunding Bonds shall be dated such date as shall hereafter be determined by the County Treasurer pursuant to Section 5 hereof, shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity and shall mature annually and shall bear interest semi-annually thereafter on such dates as shall be determined by the County Treasurer pursuant to Section 5 hereof, at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the County Treasurer. SECTION 2. The County Treasurer is hereby delegated all of the powers of this Board of Supervisors with respect to agreements for credit enhancement, derived from and pursuant to Section of the Local Finance Law, for the Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. SECTION 3. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Treasurer and its corporate seal (or a facsimile thereof) shall be imprinted thereon and attested by the County Clerk. The Refunding Bonds shall contain the recital required by Section 90.10(j)(4) of the Local Finance Law and the recital of validity clause provided for in Section of the Local Finance Law and shall otherwise be in such form and contain such recitals, as the County Treasurer shall determine. SECTION 4. It is hereby determined that: (A) The maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by Section 90.10(b)(1) of the Local Finance Law; (B) The maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is as shown in Exhibit A; (C) The last installment of each applicable component of the Refunding Bonds will mature not later than the expiration of the maximum period of probable usefulness of each of the objects or purposes for which the Refunded Bonds were issued, or in the alternative, the weighted average remaining period of probable usefulness of the objects or purposes (or classes of objects or purposes) financed with each series of the Refunded Bonds or the weighted average remaining period of probable usefulness of all objects or purposes (or classes of objects or purposes) financed with all the Refunded Bonds, in accordance with the provisions of Section 90.10(c)(1) of the Local Finance Law; and (D) The estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of Section 90.10(b)(2)(c) of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 5 hereof. SECTION 5. The financial plan for the refunding authorized by this resolution (the Refunding Financial Plan ), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit C attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption

7 JUNE 21, that the Refunding Bonds will be issued in the aggregate principal amount of $2,265,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit C. This Board of Supervisors recognizes that the amount of the Refunding Bonds, and the maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit C. The County Treasurer is hereby authorized and directed to determine the amount of the Refunded Bonds to be refunded, the redemption of the Refunded Bonds, including the date and amount of such redemption or redemptions and authorizing and directing the Escrow Holder described in Section 6 to cause notice of such redemption, the amount of the Refunding Bonds to be issued, the date of such bonds and the date of issue, maturities and terms thereof, the provisions relating to any redemption of the Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, the terms of the private sale of the Refunding Bonds, the amount of the annual installments of the Refunding Bonds to be paid pursuant to Section 90.10(c)(3) of the Local Finance Law, whether the Refunding Bonds shall be sold at a discount in the manner authorized by Section 57.00(e) of the Local Finance Law, and the rate or rates of interest to be borne thereby, to prepare, or cause to be prepared, a final Refunding Financial Plan for the Refunding Bonds, whether the Refunding Bonds are to sold in conjunction with or consolidated with the issuance of certain other refunding bonds to be issued by the County to refund any other general obligation serial bonds issued by the County (including, but not limited to, the structuring of the annual installments of the consolidated issue), and all powers in connection therewith are hereby delegated to the County Treasurer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section of the Local Finance Law. The County Treasurer shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the County Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. SECTION 6. The County Treasurer is hereby authorized and directed to enter into an escrow contract (the Escrow Contract ) with a bank or trust company located and authorized to do business in this State as he shall designate (the Escrow Holder ) for the purpose of having the Escrow Holder act, in connection with the Refunded Bonds, as the escrow holder to perform the services described in Section of the Local Finance Law. SECTION 7. The faith and credit of the County are hereby irrevocably pledged for the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 8. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest, if any, on the Refunding Bonds shall be paid to the County to be expended to pay interest on the Refunding Bonds on the next bond payment date of such Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance

8 8 REGULAR MEETING of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. SECTION 9. The County Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the Refunding Bonds as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the Code ) and, if applicable, to designate the Refunding Bonds authorized by this resolution as qualified tax-exempt bonds in accordance with Section 265 of the Code. SECTION 10. The County Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds authorized by this resolution, if required, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of SECTION 11. The County hereby determines that the issuance of the Refunding Bonds is an action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act ( SEQR ) is required. SECTION 12. In accordance with the provisions of Section and Section 90.10(h) of the Local Finance Law, subject to the determination by the County Treasurer regarding the redemption of the Refunded Bonds described in Section 5 above, the County hereby elects to redeem the Refunded Bonds with the proceeds of the Refunding Bonds prior to their stated maturity dates on the date or dates provided in the Refunding Financial Plan. The sums to be paid therefor on such redemption date or dates shall be the par value thereof plus the redemption premium, if any, and the accrued interest to such redemption date or dates. The Escrow Holder is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Refunding Financial Plan. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Refunded Bonds and the direction to cause notice thereof to be given as provided in this section shall become irrevocable, provided that this section may be amended from time to time as may be necessary in order to comply with the publication requirements of Section 53.00(a) of the Local Finance Law, or any successor law thereto. SECTION 13. Subject to compliance with the provisions of Section 90.10(f)(2) of the Local Finance Law, the Refunding Bonds shall be sold at private sale to the Underwriter and the County Treasurer is hereby authorized to negotiate for such private sale. Subject to the approval of the terms and conditions of such sale by the State Comptroller as required by Section 90.10(f)(2) of the Local Finance Law, the County Treasurer is hereby authorized to execute and deliver a bond purchase agreement with the Underwriter for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the County Treasurer in accordance with such bond purchase agreement upon the receipt by the County of such purchase price, including interest. SECTION 14. The County Treasurer, the County Attorney, the County Clerk, and the Clerk of the Board of Supervisors and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and

9 JUNE 21, deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the bond purchase agreement. SECTION 15. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Treasurer and all powers in connection therewith are hereby delegated to the County Treasurer. SECTION 16. The validity of the Refunding Bonds may be contested only if: (1) (a) Such obligations are authorized for an object or purpose for which such County is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or (2) Such obligations are authorized in violation of the provisions of the Constitution of New York. SECTION 17. The Clerk of the Board of Supervisors is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section of such Local Finance Law, in the official newspaper(s) of the County for such publications. SECTION 18. This resolution shall take effect immediately upon its adoption. The foregoing block of two resolutions was adopted. Mrs. Huber offered the following resolution and moved its adoption, seconded by Miss Luckern: RESOLUTION NO RESOLUTION IN SUPPORT OF SENATE BILL NO. S5629-B AND ASSEMBLY BILL NO. A6575 AN ACT TO AMEND THE TAX LAW, IN RELATION TO AUTHORIZING CERTAIN COUNTIES, CITIES AND SCHOOL DISTRICTS TO IMPOSE UP TO A FOUR PERCENT RATE OF SALES AND COMPENSATING USE TAXES PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF SUCH LAW AND TO PRESERVE THE AUTHORITY OF CERTAIN COUNTIES TO IMPOSE SUCH TAXES AT RATES IN EXCESS OF FOUR PERCENT; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO WHEREAS, The Ontario County Board of Supervisors strongly supports this home rule legislation as it provides mandate relief and enhanced fiscal management tools for local governments; and WHEREAS, County and State legislative staff, along with elected officials, currently spend significant time and energy in order to deal with the renewals of existing local sales tax rate legislation every two years under the current State legislative model; and WHEREAS, The proposed legislation in Senate Bill No. S5629-B and Assembly Bill No. A6575 would end the practice of requiring state approval and renewal for local sales tax rate changes, up or down, that do not exceed a total county tax of four percent; and

10 10 REGULAR MEETING WHEREAS, This will also allow county officials to manage their local sales tax rates in a way that is most efficient for local tax payers, and will reduce waste and redundancy in state and local legislative procedure; and WHEREAS, County leaders make home rule requests out of necessity, as they are necessary in order to finance, implement and deliver state and federally mandated programs, ensure local public health and safety, foster economic development and enhance local quality of life services demanded by county residents; and WHEREAS, These home rule requests allow local officials to manage their budgets and pay for state mandated and other services in the least intrusive and burdensome way for local taxpayers and are often requested to limit or prevent property tax increases; and WHEREAS, This legislation would also provide counties with an important local fiscal management tool consistent with similar financial management flexibility granted to New York City a few years ago; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors hereby supports the Senate Bill No. S5629-B and Assembly Bill No. A6575 to amend the tax law; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to Governor Cuomo, Senators Nozzolio and Gallivan, Assemblymen Kolb and Hanna, the New York State Association of Counties, Inter County Association of Western New York, and the Finance Department. Adopted. Miss Luckern offered the following resolution and moved its adoption, seconded by Mrs. Singer: RESOLUTION NO CHANGE IN LOCATION OF REGULAR BOARD MEETING ONANDA PARK, TOWN OF CANANDAIGUA, NEW YORK AUGUST 23, 2012 WHEREAS, In order to create more public awareness, Chairman Fafinski has recommended this Board of Supervisors hold its regular meeting scheduled on August 23, 2012, at Onanda Park, Town of Canandaigua, New York; and WHEREAS, The Town of Canandaigua has offered to host this meeting of the Board of Supervisors; and WHEREAS, The Onanda Park facility is handicapped accessible, meets all applicable codes, and will be open to the general public; now, therefore, be it RESOLVED, That the Governmental Operations and Improved Methods Committee supports this action; and further RESOLVED, That the Ontario County Board of Supervisors does hereby amend the Rules and Order of Business to hold the regular board meeting scheduled on August 23, 2012, at Onanda Park, located on West Lake Road (County Road 16), about eight miles south of the City of Canandaigua, in the Town of Canandaigua, New York; and further RESOLVED, That the date and time of any Public Hearings arising by virtue of this regular meeting be amended to reflect the location; and further

11 JUNE 21, RESOLVED, That the Clerk of this Board shall forward the necessary, proper, and legal notice of the above meeting to all Supervisors, department heads, and designated newspapers. Adopted. Mr. Marren offered the following block of two resolutions and moved its adoption, seconded by Mr. Angelo: RESOLUTION NO AUTHORITY TO RENEW CONTRACT, QUEST DIAGNOSTICS INCORPORATED AND ONTARIO COUNTY PUBLIC HEALTH, CANCER SERVICES PARTNERSHIP OF ONTARIO, YATES AND SENECA COUNTIES WHEREAS, Resolution No authorized Ontario County Public Health to enter into an agreement with the New York State Department of Health in order to provide cancer services; and WHEREAS, The screening for colorectal cancer is a part of this grant; and WHEREAS, The standard test used for colorectal cancer screening is called the Fecal Immunochemical Test or FIT kit; and WHEREAS, The only laboratory that provides and performs the analysis of this test in our area is Quest Diagnostics Incorporated; and WHEREAS, Quest Diagnostics Incorporated is able and willing to provide this service; and WHEREAS, Expenses related to this contract are 100% reimbursable through the Cancer Services Program grant; and WHEREAS, The contract rate is $17.64 per FIT kit and funds have been appropriated in the budget to pay this provider; and WHEREAS, The Director of Public Health and the Health and Medical Services Committee recommend the renewal of this contract; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors hereby authorize a contract with Quest Diagnostics Incorporated, 875 Greentree Road, Pittsburgh, PA 15220, for the provision of providing and analyzing the FIT kit at the cost of $17.64/kit for the period April 1, 2012, through March 31, 2013; 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 purposes hereof, subject to the review and approval of the Office of the County Attorney; 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. RESOLUTION NO RESCINDING RESOLUTION NO AND AUTHORIZING AGREEMENT WITH

12 12 REGULAR MEETING LIFESPAN OF GREATER ROCHESTER, INC., AND ONTARIO COUNTY WHEREAS, Lifespan of Greater Rochester, Inc., provides elderly abuse and prevention services to residents of the Greater Rochester area; and WHEREAS, Lifespan of Greater Rochester, Inc., accepts referrals from Ontario County for elder abuse cases; and WHEREAS, It is beneficial for Ontario County to provide an in-kind office space for a Lifespan caseworker through an agreement renewable on an annual basis; and WHEREAS, The Ontario County Public Health Department can accommodate the required office space with no impact on its operations; and WHEREAS, All parties understand that the office space will be provided in-kind and all telephone, facsimile, and internet services will be invoiced by Ontario County and reimbursed by Lifespan of Greater Rochester, Inc.; and WHEREAS, The Director of Public Health and the Health and Medical Services Committee have reviewed and recommend approval of the agreement with Lifespan of Greater Rochester, Inc.; now, therefore, be it RESOLVED, That Resolution No is hereby rescinded; and further RESOLVED, That the County Administrator be, and here hereby is, authorized to execute this agreement with Lifespan of Greater Rochester, Inc. for the time period of February 1, 2012, through February 1, 2014; and RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. The foregoing block of two resolutions was adopted. Mr. Marshall offered the following resolution and moved its adoption, seconded by Mr. Champlin: RESOLUTION NO PROCLAMATION: ELDER ABUSE AWARENESS DAY 2012 WHEREAS, The County has been informed by the International Network for the Prevention of Elder Abuse that June 15, 2012, is annual World Elder Abuse Awareness Day; and WHEREAS, The Ontario County Office for the Aging in conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder mistreatment to facilitate legislative change for the protection of the vulnerable elderly; and WHEREAS, Seniors are valued members of society and it is our collective responsibility to ensure they live safely and with dignity; and WHEREAS, Abuse of older people is a tragedy inflicted on vulnerable seniors and an ever increasing problem in today s society that crosses all socio-economic boundaries; and WHEREAS, No elderly person living in Ontario County should be a victim of abuse; and

13 JUNE 21, WHEREAS, Ontario County residents have a responsibility to establish safeguards for the protection of its elderly vulnerable citizens; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby proclaim June 15, 2012, as World Elder Abuse Awareness Day; and further RESOLVED, To urge both the public and private sectors to join with this Board in recognizing the contribution of all older Americans and the right of these Americans to live in peace and dignity without fear of abuse, and, in particular, those older Americans who are residents of Ontario County. Adopted. Mrs. Singer offered the following block of four resolutions and moved its adoption, seconded by Mr. Baker: RESOLUTION NO CREATION OF POSITION OFFICE SPECIALIST I (TEMPORARY) 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 to create temporarily, through August 31, 2012, and will not exceed ninety days; and WHEREAS, Said position has been classified as Office Specialist 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 Office Specialist I (Temporary) be created effective upon adoption, temporarily, through August 31, 2012, and will not exceed ninety days; and further RESOLVED, That sufficient funding exists within the Finger Lakes Community College s budget for this position; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the FLCC Director of Human Resources, and the Finance Department. RESOLUTION NO ABOLISHMENT OF FINANCE CLERK I POSITION CREATION OF FINANCE CLERK II POSITION DEPARTMENT OF SOCIAL SERVICES WHEREAS, Ms. Eileen Tiberio, Commissioner of Social Services, has requested that a vacant position of Finance Clerk I be abolished and a position of Finance Clerk II be created; and WHEREAS, The Director of Human Resources has classified a position of Finance Clerk II by Personnel Officer Certification No ; and WHEREAS, The Personnel Committee has reviewed and recommends the abolishment of a Finance Clerk I (Grade A6) position and creation of a Finance Clerk II (Grade A8) position; and

14 14 REGULAR MEETING WHEREAS, Sufficient funding exists within the Department of Social Services Budget to fund this position change; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors does hereby authorize the following: Abolishment of Finance Clerk I (01674/#16) originally created as Account Clerk-Typist by Res. C 12/29/66 effective January 1, 1967, and retitled to Finance Clerk I by POCC # on February 15, 2007, effective upon adoption; and Creation of Finance Clerk II (01673#1) classified by POCC # on June 4, 2012, effective upon adoption; and further RESOLVED, That certified copies of this resolution shall be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO CREATION OF POSITION COUNTY POLICE OFFICER, PART-TIME (DBL) ONTARIO COUNTY OFFICE OF SHERIFF WHEREAS, Sheriff Philip C. Povero, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create temporarily during the disability of a County Police Officer, Part-Time in the Office of Sheriff; and WHEREAS, Said position has been classified as County Police Officer, Part-Time (DBL) by Personnel Officer Certification No ; and WHEREAS, The County Administrator and the Personnel Committee recommend the creation of this position; now, therefore, be it RESOLVED, That the position of County Police Officer, Part-Time (DBL) (12272/#26) be created for a period of 90 days, effective upon adoption; and further RESOLVED, That the Ontario County Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO CREATION OF POSITION CORRECTION SERGEANT (TEMPORARY) ONTARIO COUNTY OFFICE OF SHERIFF WHEREAS, Sheriff Philip C. Povero, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create temporarily during the unpaid leave of a Correction Sergeant in the Office of Sheriff; and WHEREAS, Said position has been classified as Correction Sergeant (Temporary) by Personnel Officer Certification No ; and

15 JUNE 21, WHEREAS, The County Administrator and the Personnel Committee recommend the creation of this position; now, therefore, be it RESOLVED, That the position of Correction Sergeant (Temporary) (01129/#10) be created effective upon adoption for a period not to exceed 90 days; and further RESOLVED, That the Ontario County Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department. The foregoing block of four resolutions was adopted. Mrs. Singer offered the following resolution and moved its adoption, seconded by Mr. Gallahan: RESOLUTION NO SALARY ADJUSTMENT VALARY MUSCARELLA REAL PROPERTY TAX SERVICES WHEREAS, Ms. Robin Johnson, Director, Real Property Tax Services, has recommended the salary adjustment of Ms. Valary Muscarella, Real Property Tax Aide, from Grade A6, Step 1 ($13.73/hr.) to Step 3 ($16.79/hr.) based on her years of experience; and WHEREAS, The Personnel Committee has reviewed and approved the salary adjustment for Ms. Muscarella, effective at date of appointment; and WHEREAS, Sufficient funding exists within the Real Property Tax Service s budget for this salary adjustment; now, therefore, be it RESOLVED, That the rate of pay for Ms. Valary Muscarella, Real Property Tax Aide, be set at Grade A6, Step 3 ($16.79/hr.) effective at date of appointment; and further RESOLVED, That a certified copy of this resolution be sent by the Clerk of this Board to the Finance Department. Mr. Baker began by saying that this matter was discussed at length at the Personnel Committee, and he has no doubt that the above named individual is deserving of the step increase. However, he noted his objection to the procedure as the position was advertised at one rate of pay, and then when the position was filled a salary increase was requested. He would recommend that salary increase be brought up at budget time, unless it is an extreme need which often occurs with nursing positions. Resolution No was adopted. Mr. Baker wished to go on record as voting NO on the above referenced resolution. Mrs. Singer offered the following resolution and moved its adoption, seconded by Mr. Green: RESOLUTION NO CREATION OF POSITION LABORER (SEASONAL)

16 16 REGULAR MEETING DEPARTMENT OF PUBLIC WORKS, HIGHWAYS WHEREAS, Mr. William Wright, Commissioner of Public Works, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create in the Highway Department; and WHEREAS, The Director of Human Resources has classified a position of Laborer (Seasonal) by Personnel Officer Certification No ; and WHEREAS, Sufficient funding exists within the Department of Public Works Budget to fund this position; and WHEREAS, The Personnel Committee has reviewed and recommends the creation of this position; now, therefore, be it RESOLVED, That a permanent position of Laborer (Seasonal) (43106/#9) be created, effective upon adoption; and further RESOLVED, That certified copies of this resolution shall be sent by the Clerk of this Board to the Finance Department. Adopted. Mr. Baker wished to go on record as voting NO on the aforementioned resolution. Mrs. Singer offered the following block of two resolutions and moved its adoption, seconded by Mr. Baker: RESOLUTION NO CREATION OF POSITION LABORER (SEASONAL) DEPARTMENT OF PUBLIC WORKS WHEREAS, Mr. William Wright, Commissioner of Public Works, has filed a New Position Duties Statement with the Director of Human Resources for a position he would like to create, for a period not to exceed 90 days, in Buildings and Grounds; and WHEREAS, The Director of Human Resources has classified a position of Laborer (Seasonal) by Personnel Officer Certification No ; and WHEREAS, Sufficient funding exists within the Department of Public Works Budget to fund this position; and WHEREAS, The Personnel Committee has reviewed and recommends the creation of this position; now, therefore, be it RESOLVED, That a position of Laborer (Seasonal) (43106/#8) be created, effective upon adoption, for a period not to exceed 90 days; and further RESOLVED, That certified copies of this resolution shall be sent by the Clerk of this Board to the Finance Department. RESOLUTION NO CONSULTANT AGREEMENT WORKERS COMPENSATION FUND

17 JUNE 21, WHEREAS, Several 207c cases are currently pending and should be reviewed to determine if payments and reimbursements are appropriate; and WHEREAS, Many changes have occurred in state and federal regulations including court decisions interpreting various requirements imposed upon local governments; and WHEREAS, The firm of Coughlin & Gerhart, 19 Chenango Street, P.O. Box 2039, Binghamton, NY 13902, has proposed to review selected pending 207c claims to assist Ontario County in maintaining compliance with current law; and WHEREAS, The Personnel Committee recommends adoption of this resolution; now, therefore, be it RESOLVED, That the County Attorney is authorized on behalf of the County of Ontario to execute the engagement letter proposed by the firm of Coughlin & Gerhart, at a cost not to exceed $10,000, including disbursements, with said funds currently appropriated in the 2012 Workers Compensation budget in the Department of Human Resources; and be further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Coughlin & Gerhart. The foregoing block of two resolutions was adopted. Mrs. Singer made the motion, seconded by Mr. Baker, to adopt Local Law No. 2 (Intro.) of 2012, entitled, A Local Law Applying the Management Compensation Program to Certain County Officers Appointed for Definite Terms for the Year Local Law No. 2 (Intro.) of 2012 was adopted. NOTE: This Local Law was subsequently renumbered Local Law No. 2 of Mr. LaRocca offered the following resolution and moved its adoption, seconded by Mr. Marren: RESOLUTION NO APPROVAL OF NO-COST TIME EXTENSION FOR CONTRACT WITH BERGMANN ASSOCIATES, INC., TO PROVIDE GEOGRAPHIC INFORMATION SYSTEM ENHANCEMENTS AND UPGRADES WHEREAS, Resolution No approved a contract with Bergmann Associates, PC having an office at 200 First Federal Plaza, Rochester, NY (hereafter referred to as the Consultant ) to provide Geographic Information System Enhancements and Upgrades; and WHEREAS, Resolution No , extended the term of said contract through December 31, 2011; and WHEREAS, The Consultant had not completed all work called for under said contract within the contract term, but will complete said work by May 31, 2012; and WHEREAS, The Consultant desires to extend the term of said grant and contract for five months at no additional cost to the County; and WHEREAS, The Consultant has agreed and executed the proposed Second Extension Agreement on file with the Clerk of this Board; and