The regular meeting of the Ontario County Board of Supervisors was called to order at 6:30 p.m. for special recognition. Chairman Fafinski presided.

Transcription

1 165 The regular meeting of the Ontario County Board of Supervisors was called to order at 6:30 p.m. for special recognition. Chairman Fafinski presided. Upon roll call, all Members of the Board were present, with the exception of Mr. Russell and Mr. Ninestine. Supervisors Russell and Ninestine were declared necessarily absent. The Pledge of Allegiance was led by Mrs. Dodie Huber. Unanimous approval was given to Mr. Marshall s request to take agenda item no. 28 out of order. Mr. Marshall offered the following resolution and moved its adoption, seconded by Mrs. Green: RESOLUTION NO RESOLUTION OF RECOGNITION DAWN SEYMOUR, TOWN OF SOUTH BRISTOL WHEREAS, The Congressional Gold Medal is the nation s highest award that Congress gives to honor civilians for their service during World War II; and WHEREAS, On March 10, 2010, in Washington, D.C., Dawn Seymour, along with more than 200 Women Air Force Service Pilots, WASPs, was recognized and awarded the Congressional Gold Medal; and WHEREAS, Ontario County resident, Ms. Seymour was the first woman accepted into the Civilian Pilot Training Program at Cornell University, Ithaca, New York; and WHEREAS, Between 1943 and 1944, she was one of more than 1,000 women pilots who trained and flew 60 million miles in every aircraft available during World War II completing dangerous non-combat missions, ferrying fighters and bombers, and freeing up male pilots for combat service overseas; now, therefore, be it RESOLVED, The Ontario County Board of Supervisors is desirous of recognizing the outstanding contribution of Ms. Seymour, an Ontario County resident receiving this meritorious recognition; and further RESOLVED, That South Bristol resident Dawn Seymour is hereby recognized for her commendable contribution to Ontario County, the United States of America, and the tenets of freedom we as citizens so richly enjoy; and further RESOLVED, That this resolution be spread upon the minutes of this Board and a copy be transmitted to Ms. Seymour. Resolution No was unanimously adopted. Privilege of the Floor was granted to Mr. Marshall for the following presentation. Mr. Marshall began with the following comments:

2 REGULAR MEETING 166 It s The War is on and there is a shortage of available pilots. To remedy this, 1,100 women are recruited by the Government to become the Women s Air Force Service Pilots. Better known as WASPS, these pioneering women had one thing in common; their love for flying. For two years the WASPS labored to fill the role of men in non-combat duties. They flew every type of military aircraft required and in any role necessary to help the war effort. A few of them, the Lucky 13, trained to fly the B-17, the Flying Fortress. WASPS were civilians. They had no military status. When sent for training, they paid their own way. Two years later, they disbanded, and again, paid their own way home. Thirty eight WASPS lost their lives in service, and they received no military honors. For 65 years, the WASPS were nearly forgotten. Finally, in March of this year, Congress gave them the recognition they so surely deserved. Over two hundred WASPS gathered in Washington to be honored for their service to our country. Each received the Congressional Gold Medal, the highest civilian honor given by Congress. Ontario County, and in particular South Bristol, has one of these remarkable ladies as one of our residents. In fact, she is one of the Lucky 13 and logged over 700 hours piloting a B-17. She has proven that anything is possible if you put your mind to it. Members of the Board and honored guests, it is my privilege to introduce to you Congressional Gold Medal recipient, Dawn R. Seymour. Upon receiving a standing ovation, Ms. Seymour thanked the Board from the bottom of her heart for the resolution of recognition presented to her. Ms. Seymour went on to say she was thrilled to be present tonight to share with the Board Members her Gold Medal, the original of which is on display at the Smithsonian. As the Gold Medal was passed around, Ms. Seymour spoke of the special occasion at the Capital, which happened to be the biggest event at Emancipation Hall. She commented on the outstanding response of WASPS and family members to this special occasion. Ms. Seymour was proud to point out that this year is the 75th anniversary of the Boeing B-17. Ms. Seymour went on to say that when the WASPS were sent home in 1944, it was with the understanding that girls go home, we don t need you anymore. Ms. Seymour was delighted and spoke of the new lightness in her heart that Congress chose to honor the WASPS with the Congressional Gold Medal. At 6:40 p.m., Chairman Fafinski declared a recess in regular meeting to move to the public hearing. A Public Hearing pursuant to the New York State Environmental Quality Review Act concerning proposed Soil Borrow Area at the Ontario County Landfill, was held in the Supervisors Session Room located in the Ontario County Court House, Canandaigua, New York, on Thursday, April 1, Mr. Theodore M. Fafinski, Chairman of the Board of Supervisors, presided. Mr. Douglas Knipple, President of the Finger Lakes Zero Waste Coalition, indicated that he had reviewed the facts surrounding this issue and wished to note a couple of concerns. Mr. Knipple pointed out that the area of the borrow permit overlaps the

3 167 proposed future expansion relating to the contract between Casella and the County. He went on to state that because of the overlap, and the vague definition of the end use, the pit being generated will eventually be part of the expansion. Therefore, they believe a case can be made that this will cause it to be impermissible segmentation, as defined by NYS Environmental Conservation Law. There being no other speakers, the public hearing was closed. At 6:42 p.m., a second Public Hearing on the proposed State Legislation to Allow the Use of Rifles for Hunting Deer and Bear in that portion of Ontario County South of US Route 20 and NYS Route 5, was held in the Supervisors Session Room located in the Ontario County Court House, Canandaigua, New York, on Thursday, April 1, Mr. Theodore M. Fafinski, Chairman of the Board of Supervisors, presided. The following speakers spoke in favor of the proposed State Legislation to Allow the Use of Rifles for Hunting Deer and Bear in that portion of Ontario County South of US Route 20 and NYS Route 5 Mr. Ron Hawkins, Bloomfield, NY Mr. Len Lisenbee, Rushville, NY Mr. John Lane, Bloomfield, NY Mr. Wayne Houseman, Town of Bristol, NY Mr. Jim DeMay, Canandaigua, NY Mr. Gary Hooper, East Bloomfield, NY Mr. Guy Ellis, Farmington, NY Mr. Bill Kenyon, Canandaigua, NY Mr. Robert Clough, Canandaigua, NY Mr. Richard Eaton, Geneva, NY Mr. William Abraham, Wayland, NY. The following speakers spoke in opposition of the proposed State Legislation to Allow the Use of Rifles for Hunting Deer and Bear in that portion of Ontario County South of US Route 20 and NYS Route 5 Mr. Edwin Bott, Springwater, NY (Town of Canadice) Dr. Justin Martin, Canandaigua, NY Mr. Dan Mills, Canandaigua, NY Ms. Kate Bennett-Roll, Town of Seneca, NY. Supervisor Dodie Huber, Town of East Bloomfield, introduced Captain Michael VanDurme, NYS Department of Environmental Conservation s Chief Environmental Officer for Region 8. Mr. VanDurme was not speaking in favor nor in opposition to the afore-referenced legislation. He indicted that Environmental Law Enforcement Officers are required by law to investigate any and all accidents pertaining to hunting. In his 26 years as a hunting instructor, he has written policies, created accident forms, and teaches officers on how to investigate hunting accidents. He investigated close to 100 incidents and reviewing documentation on about 800 to see what caused the incident. Collects information to know what is safe. Long range incidents, 300 yards, are extremely rare in the US, injuries over 300 yards are extremely rare around the world. In areas where rifle hunting is allowed, most people will use a shotgun. There is no increase risk in hunting deer with rifle than a shot gun.

4 REGULAR MEETING 168 Supervisor Rocky LaRocca, City of Geneva, thanked everyone for their comments as he has learned more about guns than he has ever known. He went on to explain that the Planning & Research Committee will be looking into the next steps that the Board needs to take, and referred to the County Attorney. County Attorney, John Park, explained that currently State legislation is going to require an action by this Board before it will act on the 2 bills that are in the legislation now. They perceive this as a home rule issue. There will be one more vote from this Board to adopt this action with the bill numbers put in the resolution of support. Supervisor Huber explained that the legislatures reintroduced the issue with the House and Senate numbers, and she felt that this process was in stage two. There being no other speakers, the public hearing was closed. At 7:55 p.m., the regular meeting of the Ontario County Board of Supervisors was reconvened. Minutes of the preceding session were approved without being read by motion of Mrs. Green, seconded by Mrs. Huber, and carried. Chairman Fafinski granted Privilege of the Floor to FLCC President, Dr. Barbara Risser, regarding college updates. Dr. Risser reported on Activities Day at FLCC, as well as informing the Board that Ontario County is one out of 1,100 applicants that has applied to Google to be a test site for fast internet. Supervisor Casella requested Privilege of the Floor for Ms Deb Holland from The Partnership for Ontario County. Ms. Holland distributed a handout including the program description of Youth Court, statistics, as well as their program budget. She went on to highlight key benefits to youth and the community provided through the Youth Court. Supervisor LaRocca requested Privilege of the Floor for Mr. Michael Manikowski regarding the establishment of the Ontario County Local Development Corporation. Mr. Manikowski explained that the Industrial Development Agency (IDA) was able to provide funds for not-for-profit organizations; however, the State of New York has taken that authority away. Mr. Manikowski went on to explain an alternative by working with the Dormitory Authority, but the funds do not come back to the county. The resolution being presented tonight authorizes the IDA Board of Directors to be the Board of Directors of the Ontario County Local Development Corp (LDC), and access available funds for non-profit construction projects. Supervisor Huber requested Privilege of the Floor to thank everyone for their kindnesses after her recent surgery. Supervisor Singer requested Privilege of the Floor for Mr. Reggie O Hearn. Mr. O Hearn spoke in opposition to rifle hunting in Ontario County and distributed his comments in written form. Supervisor Evangelista requested Privilege of the Floor for Anne Hoyt regarding the Geneva Campus project. Ms. Hoyt stated that she teaches at the Geneva Campus, and expressed her concern of the colleges ability to continue to serve the students in Geneva

5 169 with evening classes, and the GED classes. Ms. Hoyt was of the opinion that the current plan would allow the college to expand the campus, and encouraged the Board to look closely at the existing building because she feels Geneva campus needs this building. Supervisor Fafinski granted Privilege of the Floor to County Administrator, Geoffrey Astles who went over the papers that were distributed on each supervisor s desk. He drew attention to the County Administrator s status report, FLCC Student Services Center & Auditorium status report for the month of April, and a copy of the Powerpoint presentation used at Geneva City Council regarding the FLCC Geneva Campus. Supervisor Calabrese requested Privilege of the Floor to advise of the public information meetings for the FLCC Geneva Campus project, as well as available tours of the old high school building being arranged for Board Members. He informed the Board members that there will be a 20 minute presentation at the next meeting on the Geneva Campus project. The Clerk presented copies received of minutes of meetings held as follows: a.) Finger Lakes Visitors Connection, Board of Directors Meeting held December 3, 2009, and January 27, b.) Revolving Loan Fund held February 9, c.) Planning & Research Committee held February 17, d.) Ontario County Industrial Development Agency held February 22, e.) FLCC Projects Committee held February 25, f.) Public Safety Committee held March 1, g.) Governmental Operations & Improved Methods Committee held March 2, h.) Financial Management Committee held March 3, i.) Health & Medical Services Committee held March 3, j.) Ontario County Planning Board held March 10, k.) Committee Chair meeting held March 11, l.) Ontario County Municipal Clerks Association held March 24, m.) Fish and Wildlife Management Act Board, held February 5, n.) Personnel Committee held March 3, FILED. The Clerk presented letter received from the New York State Association of Counties regarding the New York State Energy Research and Development Authority (NYSERDA) funding availability dated March 12, FILED. The Clerk presented letter acknowledging receipt of Ontario County Resolution No and Resolution No , received from State Assembly Minority Leader, Brian M. Kolb. FILED. The Clerk presented letter acknowledging receipt of Ontario County Resolution No , received from Senator Dale M. Volker and Senator Michael F. Nozzolio. FILED. The Clerk presented Trade Adjustment Assistance Program (TAA) Participant Funding Request of additional approvals received from the New York State Department of Labor, dated March 15, FILED. The Clerk presented Notice of Obligational Authority #PY08-12, for the Disability Program Navigator grant received from the New York State Department of Labor, dated

6 REGULAR MEETING 170 March 18, FILED. The Clerk presented copy of Notification of Grant Award for the Nutritional Services Incentive Program (NSIP) received from the New York State Office for the Aging, dated March 4, FILED. The Clerk presented copy of resolution urging the New York State Legislature to Support the State s Farmland Protection Program and Environmental Protection Fund, received from the Cayuga County Legislature, dated March 25, Referred to Planning & Research. The Clerk presented copy of resolution opposing Governor Paterson s proposal to dissolve the Genesee Valley Regional Market Authority, received from the Monroe County Legislature, dated March 7, FILED. The Clerk presented copy of resolution in support of Rail Transportation Services for Rensselaer County, received from the Rensselaer County Legislature, dated March 9, FILED. The Clerk presented copy of resolution supporting Counties and State Legislators in relation to legislation amending County Law, Section 215, received from Schuyler County Legislature and Tioga County Legislature. FILED. The Clerk presented copy of resolution of the Geneva Town Board authorizing the scheduling of a public hearing for the Modified Water District No. 12, dated March 9, FILED. The Clerk presented copy of resolution, with attached Local Law, authorizing the scheduling of public hearing for proposed local law to adopt noise regulations, received from the Geneva Town Board. FILED. The Clerk presented copy of resolution authorizing scheduling of public hearing for proposed local law to amend a portion of the town of Geneva Zoning Map. FILED. The Clerk presented correspondence received from the following individuals regarding their opposition to the proposed Rifle Legislation: i. Penny A. Baier, Bloomfield, NY ii. Brent W. Coryer, Honeoye, NY iii. Lynn Emmerling, Honeoye, NY iv. Ken Hilburger, Honeoye, NY v. Randall H. Pawley, Honeoye, NY vi. Eileen and Dan Zoladz, Honeoye, NY vii. James Skinner, Springwater, NY FILED. The Clerk presented correspondence received from the following individuals in favor of the proposed Rifle Legislation: i. Scott Cummings, Clifton Springs, NY ii. Craig Gotham, Honeoye, NY iii. William B. Schrader, G.W. Lisk Co iv. Jim DeMay, Canandaigua, NY

7 171 v. Thomas M. Campbell, Camillus, NY vi. Robert W. Seymour, Springwater, NY FILED. The Clerk presented letter of resignation from the Revolving Loan Fund, received from Karen Wood. FILED. The Clerk presented notice of Public Hearing received from the Town of Italy, County of Yates. FILED. The Clerk presented letter received from the Town of Seneca regarding the SEQR Coordinated Review of the proposed Soil Borrow Area at the Ontario County Landfill, dated March 17, FILED. The Clerk presented memo received from the Commissioner of Social Services, with attached newspaper clippings from the Daily Messenger, regarding staff news, dated March 12, FILED. The Clerk presented nomination request for the Senior Volunteers of the Year awards, received from the Ontario County Office for the Aging. FILED. The Clerk presented Reserve Report and Moody s Rating received from the Ontario County Director of Finance. FILED. The Clerk presented Ontario County Office of Sheriff 2009 Revenue/Expense Analysis. FILED. The Clerk presented Ontario County Assigned Counsel Program, 2009 Annual Report. FILED. The Clerk presented Ontario County Office for the Aging, 2009 Annual Report. FILED. The Clerk presented Ontario County Veterans Service Agency, 2009 Annual Report. FILED. The Clerk presented letter received from Assembly Minority Leader, Brian M. Kolb, regarding the home rule legislation on rifle hunting, dated March 30, FILED. The Clerk presented letter acknowledging receipt of Ontario County Resolution No received from Assemblyman Joseph A. Errigo, dated March 26, FILED. The Clerk presented copies of letters written to Honorable Carol Ash and Governor Paterson regarding the preservation Ganondagan, sent by the Ontario County Administrator, dated March 29, FILED. The Clerk presented correspondence received from the following individuals in favor of the proposed Rifle Legislation: i. Jeff Ayers ii. Joe Gursslin iii. John Piczkur iv. Jeff Wolfanger

8 REGULAR MEETING 172 FILED. The Clerk presented correspondence received from the following individuals in opposition to the proposed Rifle Legislation: i. Clayton Adams ii. Elaine Cook FILED. The Clerk presented Local Law No. 1 (Intro.) of 2010, entitled A Local Law Amending Local Law No. 5 of 2006 entitled Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. COUNTY OF ONTARIO LOCAL LAW NO. 1 (INTRO) OF 2010 A LOCAL LAW AMENDING LOCAL LAW NO. 5 OF 2006 ENTITLED PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Be it enacted by the Board of the Supervisors of Ontario County as follows: Section 1: CODE ENFORCEMENT OFFICER Section 3 (a) of Local Law 5 of 2006, entitled A Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, is hereby amended, with deletion indicated by strike-through, and addition by underscore: SECTION 3. ESTABLISHMENT OF RESPONSIBLE OFFICERS, DUTIES AND RESPONSIBILITIES a.) The Aquatic Plan Control Coordinator Code Enforcement Officer (County) in the Ontario County Planning Department is hereby designated as the Ontario County Code Enforcement Officer (hereinafter referred to as 'CEO'), and is hereby vested with such authority as is necessary to fulfill the duties of this position and this local law. The CEO shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The CEO shall have the following powers and duties: [text continues unchanged] Section 2: EFFECTIVE DATE. This Local Law shall take effect immediately upon adoption pursuant to the Municipal Home Rule Law. FILED. The Clerk presented report received from the Ontario County Local Development Corporation. FILED. Mr. Champlin, Office for the Aging Advisory Council, announced that the committee would be honoring senior volunteers, and referred to the handout wherein nominations may be made. Mr. Angelo offered the following resolution and moved its adoption, seconded by

9 173 Mr. Green: RESOLUTION NO RESOLUTION OF SYMPATHY GEORGE A. WARD WHEREAS, This Board of Supervisors was saddened to learn of the recent death of Mr. George A. Ward, a former Supervisor representing the Town of Bristol in 1975 and 1976; and WHEREAS, Mr. Ward faithfully served on this board as a representative of Bristol, New York; now, therefore, be it RESOLVED, That this Board of Supervisors, on behalf of its members both past and present, mourns the death of Mr. Ward 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 Ward family. Adopted. Mr. Duserick offered the following block of two resolutions and moved its adoption, seconded by Mr. Baker: RESOLUTION NO TRANSFER OF FUNDS 2010 COUNTY BUDGET WHEREAS, Budget Transfer Request Forms have been received by the Financial Management Committee after being reviewed and approved by the appropriate standing committee overseeing each department; and WHEREAS, The Financial Management Committee has reviewed and approved the following transfers; now, therefore, be it RESOLVED, That the following transfers be made:

10 REGULAR MEETING 174 and further RESOLVED, That certified copies of this resolution be transmitted by the Clerk of this Board to the Finance Department. RESOLUTION NO RENEWAL OF CONTRACT: TITLE SEARCH SERVICES WHEREAS, The County is responsible for the collection and enforcement of real property taxes outside the cities in the County of Ontario; and WHEREAS, In the enforcement of taxes under New York State Real Property Tax Law Article 11 the County Treasurer is required to send notices to all persons and legal entities with liens or other interests recorded in the Ontario County Clerk's Office against delinquent parcels; and WHEREAS, By RFP (R09056) and Resolution No , the County entered into an agreement with Crossroads Abstract to provide title and abstract services and data processing services related to parcels of real property in tax foreclosure actions; and WHEREAS, Abstract and title search services are also needed for real property acquisitions by the County for bridges, roads, and other County and special district projects; and WHEREAS, The contract with Crossroads Abstract provides for a one year term, renewable at the County's option for additional one year periods through the 2010 property tax foreclosure; and WHEREAS, the County and Crossroads Abstract desire to extend said Agreement for an additional term of one year, beginning May 14, 2010, through May 15, 2011, (copy of renewal letter attached); and WHEREAS, Crossroads Abstract will provide the services at the same rates as the original agreement; and WHEREAS, The Financial Management Committee recommends accepting the renewal agreement with Crossroads Abstract; now, therefore, be it RESOLVED, That the agreement with Crossroads Abstract is extended for an additional one year term, beginning May 14, 2010, through May 15, 2011; and further RESOLVED, That the Ontario County Administrator is authorized to execute the Extension Agreement for Professional Services filed herewith; and further RESOLVED, That the Clerk of this Board send certified copies to the Finance Department and Crossroads Abstract. The foregoing block of two resolutions was adopted. Miss Luckern offered the following block of resolutions and moved its adoption, seconded by Mr. Marshall:

11 175 RESOLUTION NO AUTHORIZING INTERMUNICIPAL COOPERATION AGREEMENT WITH SCHOOL DISTRICTS FOR PROVISION OF SCHOOL TAX BILL PREPARATION SERVICES WHEREAS, Certain school districts have requested the assistance of the Ontario County Real Property Tax Services Agency in connection with preparation of school tax bills; and WHEREAS, The Real Property Tax Services Agency possesses the requisite equipment, personnel, and expertise to perform such services; and WHEREAS, This Board of Supervisors has determined that it is in the best interest of the County of Ontario to provide such services; now, therefore, be it RESOLVED, That the County of Ontario be, and hereby is, authorized and empowered to enter into intermunicipal cooperation agreements with the school districts listed below for performance of school tax preparation services: Bloomfield Central School District Marcus Whitman Central School Canandaigua City School District Naples Central School District Geneva City School District Phelps-Clifton Central School District Honeoye Central School District Pittsford Central School District Honeoye Falls-Lima Central School District Red Jacket Central School District Livonia Central School District Victor Central School District Wayland-Cohocton Central School District and further RESOLVED, That said agreement shall be for a term of one year commencing April 1, 2010, and terminating March 31, 2011; and further RESOLVED, That the description of services and schedule of fees annexed hereto as Schedule "A" shall be incorporated in said agreements; and further RESOLVED, That the County Administrator be, and hereby is, authorized and empowered to execute said agreements on behalf of the County of Ontario; and further RESOLVED, That copies of this resolution be forwarded by the Clerk of this Board to the school districts listed herein and the Finance Department; and further RESOLVED, That this resolution shall take effect immediately. SCHEDULE A During the month of July, participating school district is furnished with instructions for preparation, listings of rollback penalties, equalization rates for school purposes and forms upon which to enter school tax rates, tax levy amounts, and collection information. During the months of August and September, participating school district returns certified forms containing school tax rates, levy amounts, rollback penalties, and collection information to County. School tax rolls, tax bills and receipts, and escrow

12 REGULAR MEETING 176 listings are then prepared for the participant, prior to September 1st for all schools, with the exception of Canandaigua City School District which is prior to October 1st, barring unforeseen delays in receipt of special franchise and railroad ceiling final assessments prepared by New York State. During the first week of November, expense statements are prepared by the County for payment by the participating school district to the Ontario County Treasurer s Office. The County will: Provide coordination, collection and merging of assessment data files from municipal assessment offices; Provide coordination, calculation and data entry of appropriate rollback penalties; Verify total taxable assessed values for school purposes; Provide data entry of tax rates and collection information for tax processing; Balance tax amounts calculated on the tax roll to tax levy amounts provided by the school district and verify amounts to be collected from taxpayers and STAR reimbursements from New York State; Prepare Escrow Company Code listing; Prepare Cross Reference listings; Create STAR reimbursement forms; Process and Print one copy of School Tax Roll; Create Tax Bill data extract file (RPS160D1); Create.pdf file of tax bills/receipts as issued; Process, print and fold one copy of School Tax Bills on green paper with appropriate perforations, and legally required information preprinted on the reverse; Process and print one copy of school tax receipts on white paper with no perforations; Charges for the above services will be calculated at $0.55 per parcel unless: The school requests that no tax receipts be printed, total cost will be $0.50 per parcel. If the school requests that no tax receipts or tax bills be printed, total cost will be $0.45 per parcel. Additional charges will apply if the school district requests multiple copies of computer data media, duplicate copies of tax roll, or additional cross references and reports. A minimum charge of $50.00 applies. RESOLUTION NO CHANGE IN LOCATION OF REGULAR BOARD MEETING VICTOR TOWN HALL, VICTOR, NEW YORK AUGUST 5, 2010 WHEREAS, In order to create more public awareness, Chairman Fafinski has recommended this Board of Supervisors hold its regular meeting scheduled on August 5, 2010, at Victor Town Hall, 85 East Main Street, in the Town of Victor; and WHEREAS, The Victor Town Hall 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

13 177 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 5, 2010, at the Victor Town Hall, 85 East Main Street, Victor, 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 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. The foregoing block of two resolutions was adopted. Mrs. Huber offered the following block of thirteen resolutions and moved its adoption, seconded by Mrs. Green: RESOLUTION NO AUTHORITY TO RENEW AND AMEND PROFESSIONAL CONSULTANT SERVICE CONTRACT 2010 ONTARIO COUNTY HEALTH FACILITY WHEREAS, The Ontario County Health Facility desires to renew professional consultant service contract required to implement programs for the Health Facility; and WHEREAS, The terms and conditions of the respective service is set forth in contract on file in the Office of the Clerk of the Board of Supervisors; and WHEREAS, The following professional consultant service contract is required by the Health Facility: Contractor Professional Services 2010 Budgeted Maressa, Jerome Michael Speech-Language Therapy Services $11,550 and WHEREAS, The 2010 county budget provides funding for the respective contract where appropriate; and WHEREAS, The Health Facility Administrator, County Administrator, and Health and Medical Services Committee recommend said contract; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute contract between the Ontario County Health Facility and the respective professional service consultant; and further RESOLVED, That copies of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORIZATION: RENEWAL OF AGREEMENT BETWEEN THE UNIVERSITY OF ROCHESTER AND ONTARIO COUNTY

14 REGULAR MEETING 178 MENTAL HEALTH FOR POST-DOCTORAL FELLOWSHIP SERVICES WHEREAS, The current agreement with the University of Rochester for Post- Doctoral Fellowship services is renewable on September 1, 2009, for a period to end August 31, 2010; and WHEREAS, The Community Services Board and the Health and Medical Services Committee have reviewed and recommend continuing the services of the Post-Doctoral Fellows; and WHEREAS, Funds have been budgeted for the contract in the 2009 county budget in the amount of $13,493 to cover the period September 1, 2009, to December 31, 2009; and WHEREAS, Funds to cover the period January 1, 2010, to August 31, 2010, have been budgeted in the 2010 county budget in the amount of $26,986; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute the agreement with the University of Rochester; and further RESOLVED, That copies of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORIZATION MEDICAL CONSULTANT CONTRACT FOR ONTARIO COUNTY SUBSTANCE ABUSE SERVICES WHEREAS, Substance Abuse Services desires to obtain the medical services of a physician as required under NYS substance abuse services regulation; and WHEREAS, Funds are available in the 2010 Substance Abuse Services Budget; and WHEREAS, Rushville Health Center, Inc., desires to continue to provide such services; and WHEREAS, Rushville Health Center, Inc., 2 Rubin Drive, Rushville, New York 14544, demonstrates the desired capacity to provide services through their employed NYS licensed Physicians; and WHEREAS, The cost of said services is $100 per hour to provide medical services for a contract total which will not exceed $15,600 from January 1, 2010, to December 31, 2011; and WHEREAS, The Health and Medical Services Committee has reviewed the proposal and recommends such contract; and WHEREAS, The Ontario County Attorney s office has reviewed the terms and conditions finding them agreeable; now, therefore be it RESOLVED, That the Ontario County Board of Supervisors approve continuing a contract with Rushville Health Center, Inc., as outlined in Schedule A; and further RESOLVED, That Geoffrey C. Astles, County Administrator, be, and he hereby is,

15 179 authorized and directed to execute said contract with Rushville Health Center, Inc., on behalf of this Board of Supervisors; and further RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finance Department and Rushville Health Center, Inc. RESOLUTION NO CLOSING OF CAPITAL RESERVE CHHA COMPUTER SYSTEM ONTARIO COUNTY DEPARTMENT OF FINANCE WHEREAS, Resolution No established a Capital Reserve Fund (A0878B9978) for the acquisition of a computerized information system for the Ontario County Home Health Agency; and WHEREAS, At this time all computer software and hardware components have been purchased, installed, and are working properly leaving a reserve balance in the amount of $5, plus earned interest of $3.30 in the general fund reserve account; and WHEREAS, There are no more expenses related to the acquisition of the computerized information system remaining and the reserve now needs to be closed; and WHEREAS, The Financial Management and the Health and Medical Committees have reviewed and recommend the closing of this reserve; now, therefore, be it RESOLVED, That the Capital Reserve Fund established for the acquisition of a computerized information system for the Ontario County Home Health Agency be closed; and further RESOLVED, That the remaining reserve amount of $5, plus earned interest of $3.30 be transferred to the Capital Reserve Fund - Construction, Reconstruction, Acquisition, Repair, or Maintenance of Capital Projects (A0878B0000); and further RESOLVED, That the Finance Department is hereby 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 AUTHORITY TO RENEW CONTRACT PLANNED PARENTHOOD OF THE ROCHESTER/SYRACUSE REGION, INC. AND ONTARIO COUNTY PUBLIC HEALTH PROGRAMS, HOME HEALTH AGENCY AND LONG TERM HOME HEALTH CARE PROGRAM WHEREAS, Resolution No established a contract with Planned Parenthood of the Rochester/Syracuse Region, Inc., for the provision of STD diagnosis and treatment services for Ontario County Public Health Programs and services provided to the Cancer Services Program of Ontario, Seneca, and Yates Counties, and the Home Health Agency and Long Term Home Health Care Program for the time period January 1, 2008, through December 31, 2009; and

16 REGULAR MEETING 180 WHEREAS, It is now necessary to renew this contract; and WHEREAS, There is no cost increase to this contract and funds have been appropriated in the budget to pay this provider; and WHEREAS, The provider will be paid according to the rate schedule as specified in Schedule A of the contract; and WHEREAS, The Public Health Director and the Health & Medical Services Committee recommend the renewal of this contract; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute this agreement with the provider for the time frame January 1, 2010, through December 31, 2011; and further RESOLVED, That a certified copy of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORIZATION: ACCEPTANCE OF SUPPLEMENTAL CHILDREN WITH SPECIAL HEALTH CARE NEEDS COLA FUNDS ONTARIO COUNTY DEPARTMENT OF HEALTH WHEREAS, Resolution No authorized a five-year contract with New York State Department of Health to continue with the Children with Special Health Care Needs Program in Ontario County with annual grant awards set by state budget; and WHEREAS, Resolution No also authorized the initial annual grant award of $20,519 for the period October 1, 2009, through September 30, 2014; and WHEREAS, The County has been notified by the New York State Department of Health that it is eligible to receive $823 in supplemental Children with Special Health Care Needs Program COLA funding for the purpose of providing support to the Ontario County Department of Health Children with Special Health Care Needs Program; and WHEREAS, The additional funding is to be used to promote the recruitment and retention of staff or respond to other critical non-personal services cost during the State fiscal year; and WHEREAS, There is no county cost associated with this COLA funding; and WHEREAS, The Health & Medical Services Committee has reviewed and recommended acceptance of this funding; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors accepts the supplemental Children with Special Health Care Needs Program COLA amount of $823 from the New York State Department of Health for the period of April 1, 2009, through March 31, 2010; and further RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to sign the COLA certification statement with the New York State Department of Health, Division of Family Health - Fiscal Unit, Empire State Plaza, Corning Tower,

17 181 Room 878, Albany, NY ; and further RESOLVED, That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be forwarded by the Clerk of this Board to the New York State Department of Health and the Finance Department. RESOLUTION NO AUTHORIZATION: ACCEPTANCE OF SUPPLEMENTAL IMMUNIZATION ACTION PLAN COLA FUNDS ONTARIO COUNTY DEPARTMENT OF HEALTH WHEREAS, Resolution No authorized a five-year contract with New York State Department of Health to participate in the Immunization Action Plan Program in Ontario County with annual grant awards set by state budget; and WHEREAS, Resolution No authorized the annual grant award of $52,869 for the period April 1, 2009, through March 31, 2010; and WHEREAS, The County has been notified by the New York State Department of Health that it is eligible to receive $4,003 in supplemental Immunization Action Plan Cola funding for the purpose of providing support to the Ontario County Department of Health Immunization Action Plan Program; and WHEREAS, The additional funding is to be used to promote the recruitment and retention of staff or respond to other critical non-personal services cost during the State fiscal year; and WHEREAS, There is no county cost associated with this Cola funding; and WHEREAS, The Health & Medical Services Committee has reviewed and recommended acceptance of this funding; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors accepts the supplemental Immunization Action Plan Cola amount of $4,003 from the New York State Department of Health for the period of April 1, 2009, through March 31, 2010; and further RESOLVED, That the County Administrator be, and he hereby is authorized and directed to sign the COLA certification statement with the New York State Department of Health, Bureau of Immunization, Empire State Plaza, Corning Tower, Room 649, Albany, NY ; and further RESOLVED, That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be forwarded by the Clerk of this Board to the New York State Department of Health and the Finance Department.

18 REGULAR MEETING 182 RESOLUTION NO AUTHORIZATION: ACCEPTANCE OF SUPPLEMENTAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM COLA FUNDS ONTARIO COUNTY DEPARTMENT OF HEALTH WHEREAS, Resolution No authorized a five-year contract with New York State Department of Health to participate in the Childhood Lead Poisoning Prevention Program in Ontario County with annual grant awards set by state budget, and WHEREAS, Resolution No authorized the annual grant award of $28,480 for the period April 1, 2009, through March 31, 2010; and WHEREAS, The County has been notified by the New York State Department of Health that it is eligible to receive $2,284 in supplemental Childhood Lead Poisoning Prevention Program COLA funding for the purpose of providing support to the Ontario County Department of Health Childhood Lead Poisoning Prevention Program; and WHEREAS, The additional funding is to be used to promote the recruitment and retention of staff or respond to other critical non-personal services cost during the State fiscal year; and WHEREAS, There is no county cost associated with this COLA funding; and WHEREAS, The Health & Medical Services Committee has reviewed and recommended acceptance of this funding; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors accepts the supplemental Childhood Lead Poisoning Prevention Program COLA amount of $2,284 from the New York State Department of Health for the period of April 1, 2009, through March 31, 2010; and further RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to sign the COLA certification statement with the New York State Department of Health, Division of Family Health, Fiscal Unit, Empire State Plaza, Corning Tower, Room 878, Albany, NY ; and further RESOLVED, That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be forwarded by the Clerk of this Board to the New York State Department of Health and Finance Department. RESOLUTION NO AUTHORIZATION: ACCEPTANCE OF SUPPLEMENTAL RABIES (ZOONOSES) PROGRAM COLA FUNDS ONTARIO COUNTY DEPARTMENT OF HEALTH WHEREAS, Resolution No authorized a five-year contract with New York State Department of Health to participate in the Rabies (Zoonoses) Program in Ontario County with established funding through March 31, 2013, and

19 183 WHEREAS, The County has been notified by the New York State Department of Health that it is eligible to receive $3,277 in supplemental Rabies (Zoonoses) COLA funding for the purpose of providing support to the Ontario County Department of Health Rabies (Zoonoses) Program; and WHEREAS, The additional funding is to be used to promote the recruitment and retention of staff or respond to other critical non-personal services cost during the State fiscal year; and WHEREAS, There is no county cost associated with this COLA funding; and WHEREAS, The Health & Medical Services Committee has reviewed and recommended acceptance of this funding; now, therefore, be it RESOLVED, That the Ontario County Board of Supervisors accepts the supplemental Rabies (Zoonoses) Program COLA amount of $3,277 from the New York State Department of Health for the period of April 1, 2009, through March 31, 2010; and further RESOLVED, That the County Administrator be, and he hereby is authorized and directed to sign the COLA certification statement with the New York State Department of Health, Bureau of Communicable Disease Control, Empire State Plaza, Corning Tower, Room 621, Albany, NY ; and further RESOLVED, That the County s Department of Finance is authorized to make the necessary budgetary and accounting entries to effect the intent of this resolution; and further RESOLVED, That certified copies of this resolution be forwarded by the Clerk of this Board to the New York State Department of Health and Finance Department RESOLUTION NO AUTHORIZATION OF CONTRACT FINGER LAKES MIGRANT HEALTH CARE PROJECT, INC. AND ONTARIO COUNTY PUBLIC HEALTH WHEREAS, Resolution No established a contract with Finger Lakes Migrant Health Care Project, Inc., formerly known as Yates County Family Planning, for the provision of STD services for the time period January 1, 2008, through December 31, 2009; and WHEREAS, It is now necessary to renew this contract; and WHEREAS, There is no cost increase to this contract and funds have been appropriated in the budget to pay this provider; and WHEREAS, The provider will be paid according to the rate schedule as specified in Schedule A of the contract; and WHEREAS, The Public Health Director and the Health & Medical Services Committee recommend the renewal of this contract; now, therefore, be it

20 REGULAR MEETING 184 RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute this agreement with the provider for the time frame December 1, 2009, through December 31, 2011; and further RESOLVED, That a certified copy of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORITY TO RENEW CONTRACTS PUBLIC HEALTH PROGRAMS, HOME HEALTH CARE AGENCY AND LONG TERM HOME HEALTH CARE PROGRAM, WHEREAS, Resolution No authorized agreements for public health programs for the period January 1, 2008, through December 31, 2009; and WHEREAS, The authorized providers will continue to provide services for the period January 1, 2010, through December 31, 2011, as follows: Contractor County of Erie, Department of Health Clinical Building AA 462 Grider Street Buffalo, NY Professional Services Laboratory Services (HIV and STD Programs) F. F. Thompson Hospital 350 Parrish Street Canandaigua, NY Lead and Rabies Related Medical Services, X-Ray and Lab Services, Tuberculosis Programs, Physical Therapy, Respiratory Therapy, Adult Day Care, Social Day Care, Provision of Prescription Drugs and Pharmacy Dispensing Services, Prevention Program, Respite Services and Cancer Services Program of Ontario, Seneca and Yates Counties and WHEREAS, There is no cost increase to these contracts and funds have been appropriated in the budget to pay these providers; and WHEREAS, The providers will be paid according to a rate schedule as specified in Schedule A of the contract; and WHEREAS, The Public Health Director and the Health & Medical Services Committee recommend the renewal of these contracts; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute this agreement with the provider; and further RESOLVED, That a certified copy of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORITY TO RENEW CONTRACT

21 185 ROCHESTER HEARING AND SPEECH CENTER AND ONTARIO COUNTY CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM (PHYSICALLY HANDICAPPED CHILDREN S PROGRAM FOR AGES 0-21), PUBLIC HEALTH, WHEREAS, Resolution No authorized an agreement and payment for the period January 1, 2008, through December 31, 2009; and WHEREAS, The provider will continue to provide services for the period January 1, 2010, through December 31, 2011, as follows: Contractor Professional Services Rate Rochester Hearing and Speech Center 1000 Elmwood Avenue Rochester, NY and Exams, purchase and dispensing of hearing aids, and all related hearing supplies and services. Per State Rate Schedule WHEREAS, There is no cost increase to this contract and funds have been appropriated in the budget to pay this provider; and WHEREAS, The provider will be paid according to a mandated State rate schedule as specified in Schedule A of the contract; and WHEREAS, The Director of Public Health and the Health and Medical Services Committee recommend the renewal of this agreement; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute this agreement; and further RESOLVED, That a certified copy of this resolution be forwarded by the Clerk of this Board to the Finance Department. RESOLUTION NO AUTHORITY TO RENEW CONTRACT ROCHESTER HEARING AND SPEECH CENTER AND ONTARIO COUNTY CHILDREN WITH SPECIAL NEEDS PROGRAM (FOR EARLY INTERVENTION AND PRESCHOOL PROGRAMS) PUBLIC HEALTH, WHEREAS, Resolution No authorized an agreement and payment for the period January 1, 2008, through December 31, 2009; and WHEREAS, The provider will continue to provide services for the period January 1, 2010, through December 31, 2011, as follows: Contractor Professional Services Rate

22 REGULAR MEETING 186 Rochester Hearing and Speech Center 1000 Elmwood Avenue Rochester, NY and EI/4410 Evaluations/Related Services/Center Based Per State Rate Schedule WHEREAS, There is no cost increase to this contract and funds have been appropriated in the budget to pay this provider; and WHEREAS, The provider will be paid according to a mandated State rate schedule as specified in Schedule A of the contract; and WHEREAS, The Director of Public Health and the Health and Medical Services Committee recommend the renewal of this agreement; now, therefore, be it RESOLVED, That the County Administrator be, and he hereby is, authorized and directed to execute this agreement; and further RESOLVED, That a certified copy of this resolution be forwarded by the Clerk of this Board to the Finance Department. The foregoing block of thirteen resolutions was adopted. Mrs. Huber offered the following resolution and moved its adoption, seconded by Mr. Teed: RESOLUTION NO REAPPOINTMENT OF MR. GREGORY POWERS HEALTH FACILITY ADMINISTRATOR WHEREAS, The term of appointment for the Ontario County Health Facility Administrator, Mr. Gregory Powers, is to expire on July 2, 2010; and WHEREAS, On recommendation of the County Administrator, the Health and Medical Services Committee is recommending the reappointment of Mr. Gregory Powers; now, therefore, be it RESOLVED, That Mr. Gregory Powers be, and he hereby is, reappointed as Ontario County Health Facility Administrator for a three-year term from July 3, 2010, to July 2, 2013; and further RESOLVED, That certified copies of this resolution be sent to County Clerk, the County Treasurer, and Mr. Powers by the Clerk of this Board. Adopted. Mr. Marshall offered the following resolution and moved its adoption, seconded by Mr. Champlin: RESOLUTION NO