AGENDA DOCKET LIVINGSTON COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 19, :30 P.M.
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1 AGENDA DOCKET LIVINGSTON COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 19, :30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE Nunda Supervisor Thomas Baldwin APPROVAL OF MINUTES 1. Minutes of 10/22/14 Regular Meeting PUBLIC HEARING 1. PROPOSED RENEWAL AND MODIFICATION OF LIVINGSTON COUNTY AGRICULTURAL DISTRICT #3 2. PROPOSED MODIFICATIONS OF LIVINGSTON COUNTY AGRICULTURAL DISTRICTS #1AND #2 3. PROPOSED LIVINGSTON COUNTY BUDGET FOR 2015 PURSUANT TO SECTION 359 OF COUNTY LAW PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE COMMUNICATIONS 1. The 2015 adopted budget of the Livingston County Industrial Development Agency was filed with the Clerk of the Board on October 22, County Administrator Ian M. Coyle filed the proposed 2015 Livingston County Budget on November 4, Your Town Bonded Indebtedness Report is due today. 4. Notification from the Villages of Avon, Caledonia, Dansville, Leicester, Lima and Nunda requesting the County Treasurer collect delinquent village taxes for the year RESOLUTION NO APPROVING ABSTRACT OF CLAIMS #11A NOVEMBER 12, 2014 RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11A dated November 12, 2014 in the total amount of $2,515, PRIVILEGE OF THE FLOOR 1. Re-Accreditation Of The Livingston County Sheriff s Department Civil Division NYS Sheriff s Association Executive Director Peter Kehoe PREFERRED AGENDA REQUIRING ONE ROLL CALL VOTE Human Services Committee 1. PROCLAIMING THE MONTH OF NOVEMBER AS ADOPTION AWARENESS MONTH WHEREAS, each November, during the annual observance of Adoption Awareness Month, Livingston County recognizes that our citizens have a compassionate tradition for opening their hearts to children in need of a permanent home; and WHEREAS, Livingston County recognizes that the children of this county are our most precious resource and that providing them with a nurturing and stable home provides a strong foundation for a healthy and productive life; and WHEREAS, Livingston County recognizes it is important that we focus on the children who are in foster care waiting to be adopted by a forever family and find permanent homes for these children throughout the year; and
2 WHEREAS, Livingston County recognizes the importance and contributions of all parents who have made the decision to open their hearts and homes to a child in need, especially those who have adopted adolescents, siblings and children with special needs, and continually strive to improve the quality of life for the children they bring into their lives; and WHEREAS, Livingston County recognizes the role that foster parents play in providing nurturing and stable homes for children in transition; and WHEREAS, this special observance reminds us that we can offer the hope of a better tomorrow to many children through adoption, and as families and communities across our County, State and Nation gather to celebrate and give thanks for our many blessings, it is the goal of all of us that every child awaiting adoption find a permanent and loving family; now, therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby proclaim November 2014 as ADOPTION AWARENESS MONTH in Livingston County. Human Services Committee 2. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY COMMUNITY SERVICES BOARD, DEVELOPMENTAL DISABILITIES SUBCOMMITTEE AND CHEMICAL DEPENDENCY SUBCOMMITTEE ELIZABETH HALL, BRENDA DONOHUE, CHRIS PETERSON, MATTHEW BEAN RESOLVED, that the following members are hereby appointed to the Livingston County Community Services Board and Subcommittees for the term designated: Community Services Board Brenda Donohue P.O. Box 188, Conesus, NY Conesus 1/1/15-12/31/16 Supervisor Elizabeth Hall 220B South Hall, 1 College Circle, Geneseo NY Chair 1/1/15-12/31/16 Developmental Disabilities Subcommittee Chris Peterson 18 Main Street, Mt. Morris NY Liv/Wyo ARC 1/1/15-12/31/16 Elizabeth Hall 220B South Hall, 1 College Circle, Geneseo NY Chair 1/1/15-12/31/16 Chemical Dependency Subcommittee Matthew Bean 4 Court Street, Geneseo, NY Undersheriff 1/1/14-12/31/18 Human Services Committee 3. APPOINTING MEMBERS TO THE ALTERNATIVES TO INCARCERATION (ATI) ADVISORY BOARD ERIC R. GOTT, IAN M. COYLE, GERALD L. DEMING, GREG MCCAFFREY, HONORABLE WALTER PURTELL, HONORABLE ROBERT WIGGINS, MARCEA CLARK TETAMORE, LYNNE MIGNEMI, CHIEF DEPUTY JASON YASSO, CHRISTOPHER TAYLOR, MICHELE ANUSZKIEWICZ, LETITIA ROSENTHAL, GERRIE EHRMENTRAUT, ALICIA ANDREST RESOLVED, that the following members are hereby appointed to the Alternatives to Incarceration (ATI) Advisory Board for the term designated: Name Address Designation Term Eric R. Gott Liv. Cty. Gov t. Ctr, Room 302, Geneseo, NY Chairman of the Board At Pleasure Ian M. Coyle Liv. Cty. Gov t. Ctr, Room 302, Geneseo, NY Chief Administrative Officer At Pleasure Gerald L. Deming Liv. Cty. Gov t. Ctr, Room 302, Geneseo, NY BOS Representative (Public At Pleasure Services Chair) Greg McCaffrey Liv. Cty. Courthouse, Geneseo, NY District Attorney At Pleasure Hon. Walter Purtell P.O. Box 119, Retsof, NY Justice At Pleasure Hon. Robert Wiggins Liv. Cty. Courthouse, Geneseo, NY Court Judge At Pleasure
3 Marcea Clark Liv. Cty. Gov t. Ctr, Room 109, Geneseo, NY Public Defender At Pleasure Tetamore Lynne Mignemi Liv. Cty. Gov t. Ctr, Room 101, Geneseo, NY Probation Director At Pleasure Chief Deputy Jason Liv. Cty. Sheriff s Dept, Geneseo, NY Local Police Agencies At Pleasure Yasso Christopher Taylor 4612 Millennium Drive, Geneseo, NY CASA At Pleasure Michele 4600 Millennium Drive, Geneseo, NY Community Mental Health At Pleasure Anuszkiewicz Director Letitia Rosenthal Liv. Cty. Gov t. Ctr, Room 103, Geneseo, NY Private Organization At Pleasure Alicia Andrest 4950 Lakeville Road, Geneseo, NY Ex-Offender At Pleasure Gerrie Ehrmentraut Liv. Cty. Courthouse, Geneseo, NY Crime Victim At Pleasure 4. APPOINTING MEMBERS TO THE LIVINGSTON COUNTY WORKPLACE VIOLENCE PREVENTION COMMITTEE RENE DIETZ & JASON WOLFANGER RESOLVED, that the following members are hereby appointed to the Livingston County Workplace Violence Prevention Committee for the term designated: Name Address Rep./Title Term Livingston County Workplace Violence Prevention Committee Rene Dietz 2355 Nunda-Byersville Road, Nunda, Member 10/22/14-10/21/16 Jason Wolfanger NY Culbertson Road, Dansville, NY DISCUSSION OF THE RESOLUTIONS ON PREFERRED AGENDA Member 10/22/14-10/21/16 MOTION TO MOVE THE RESOLUTIONS ON THE PREFERRED AGENDA AND DIRECT THE CLERK OF THE BOARD TO CALL THE ROLL CALL VOTE RESOLUTIONS REQUIRING A SEPARATE ROLL CALL VOTE COMMITTEE OF THE WHOLE - MOTION TO MOVE 5. APPOINTING COMMISSIONER OF ELECTIONS DAVID DI PASQUALE WHEREAS, Judith A. Hunter, of the County Committee of the Democratic Party, has filed with the Board of Supervisors a certificate recommending the appointment of David DiPasquale, a resident and qualified voter of the Town of Mt. Morris, as a Commissioner of Elections of the County of Livingston, now, therefore, be it RESOLVED, that pursuant to the provisions of Section of the Election Law of the State of New York, David DiPasquale, Democrat, of 53 Parker Road, Mt. Morris, NY 14510, is hereby appointed as Commissioner of Elections for a term commencing January 1, 2015 and terminating December 31, Committee Of The Whole HUMAN SERVICES COMMITTEE Center for Nursing and Rehabilitation 6. AWARDING BID FOR THE LIVINGSTON COUNTY CENTER FOR NURSING AND REHABILITATION & LIVINGSTON COUNTY JAIL FOR PHARMACY AND CONSULTANT PHARMACIST SERVICES QUINLAN S PHARMACY, INC.
4 WHEREAS, after the proper legal advertisement seeking bids for Pharmacy and Consultant Pharmacist Services, five bids were received and opened on October 9, 2014, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is authorized to sign the following contract, which is hereby accepted as the lowest responsible bid, subject to review by the County Attorney and County Administrator: Contract Term Amount Quinlan s Pharmacy, Inc. 1/1/15-12/31/17, with set by contract 107 North Main Street, Suite B two 1 year renewals at the County s Wayland, New York sole option ending 12/31/19. For: Pharmacy and Consultant Pharmacist Services Human Services Committee Department of Health 7. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: ALBANY COLLEGE OF PHARMACY, TOWN OF WEST SPARTA RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Department of Health and Mental Health, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Albany College of Pharmacy 9/1/14 8/31/15 N/A 106 New Scotland Avenue Albany, NY For: Internship for Pharmacy Students Town of West Sparta 11/1/14 12/31/14 $ Kysorsville Byersville Road Dansville, NY For: Dog Control Services to the Town of West Sparta Human Services Committee 8. ESTABLISHING THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH ENVIRONMENTAL HEALTH RATES EFFECTIVE JANUARY 1, 2015 WHEREAS, the rates of the Environmental Health Fee Schedule for Services were last established in March 2011 and are subject to adjustment for current economic conditions, now, therefore, be it RESOLVED, that the following Environmental Health Fee Schedule for Services be effective January 1, 2015: SERVICE PREVIOUS RATE NEW RATE Food Service Establishment (FSE) Permit: FSE <20 seats $70.00 $80.00 FSE seats $ $ FSE >75 seats $ $ High Risk FSE Second inspection $0 $40.00 Temp Food Service Single event $55.00 $60.00 Temp Food Service 1 year permit $ $ Mobile Food Vendor $70.00 $80.00 Camps & Recreation Permit: Children s Camp $ $ Campground/Migrant Camp $ $ Temporary Residence (Hotel/Motel) $ $195.00
5 Public Swimming Pool $95.00 $ Public Beach $95.00 $ Agricultural Fair $0 $ Community Sanitation Permit: Septic Tank Replacement $65.00 $75.00 Septic System - Repair $80.00 $90.00 Septic System - New $ $ Mobile Home Park <25 units $90.00 $ Mobile Home Park units $ $ Mobile Home Park >50 units $ $ Public Water Supply Permit: Non-community $ $ Community <500 pop. $ $ Community >500 pop. $ $ Plan/Engineering Review: Septic Tank Replacement or Repair $0 $50.00 Septic System - New $0 $ Temporary Residence (Hotel/Motel) $0 $ Mobile Home Park $0 $ Public Swimming Pool $0 $ Public Beach $0 $ Public Water Supply $0 $ Cross Connection Control $0 $50.00 Realty Subdivision $0 $25.00/lot Food Service Establishment $0 $ Mass Gathering $0 $ PUBLIC SERVICES COMMITTEE Emergency Management Services 9. RESOLUTION REQUESTING STATE DISASTER AID WHEREAS, on May 13 and 22, 2014, Livingston County and many of its municipalities received extensive damage from unprecedented flooding and severe storms; and WHEREAS, a FEMA disaster declaration was made on July 8, 2014; and WHEREAS, FEMA reimburses repairs at approximately 75% of actual cost; and WHEREAS, New York State has imposed a tax cap that limits a municipality s ability to generate funds through property taxes; and WHEREAS, the remaining cost of repairs, if funded solely by Livingston County, will inhibit the County s ability to provide necessary services to its residents and still remain within the New York State mandated tax cap; now therefore be it RESOLVED, that Livingston County respectfully requests New York State to reimburse 12.5% of the repair costs incurred by Livingston County in its repair of flood damage; and be it further RESOLVED, that the Clerk of this Board is hereby directed to forward certified copies of this resolution to New York State Governor Andrew Cuomo, New York State Senator Catharine M. Young, New York State Senator Patrick Gallivan, New York State Assemblyman Bill Nojay, Inter County Association of Western New York and the New York State Association of Counties. Highway 10. AUTHORIZING LIVINGSTON COUNTY TO PURCHASE SERVICES FOR SAMPLING AND TESTING MATERIALS THROUGH BIDS AWARDED BY ONTARIO COUNTY FOR THE LIVINGSTON
6 COUNTY HIGHWAY DEPARTMENT-ATLANTIC TESTING LABORATORIES LIMITED AND CME ASSOCIATES, INC WHEREAS, Ontario County has awarded bids for purchase of services for Sampling and Testing of Materials (Bid #B13029) to Atlantic Testing laboratories, Limited, and CME Associates, Inc. through Resolution No , and WHEREAS, the County of Livingston has determined that the prices will result in cost savings compared to those if bid separately by Livingston County, and WHEREAS, pursuant to authority granted by Section 103 of NYS General Municipal Law and the terms of the Ontario County bid, Livingston County is authorized to purchase the services through contracts awarded by Ontario County, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby authorizes the purchase of services for Sampling and Testing of materials through contracts awarded by Ontario County to Atlantic Testing Laboratories, Limited and CME Associates, Inc., subject to review by the County Attorney and County Administrator. Contractor Term Amount Atlantic Testing Laboratories, Limited 05/15/14 05/14/15 Varies 3495 Winton Place Bldg. B, Suite 4A Rochester, NY CME Associates, Inc. 05/15/14 05/14/15 Varies 385 Sherman Street Rochester, NT For: Purchase of Services for Sampling and Testing of Materials. Other 11. DESIGNATING THE LIVINGSTON COUNTY AREA CHAMBER OF COMMERCE AS THE 2015 OFFICIAL TOURISM PROMOTION AGENCY WHEREAS, the New York State Grants Program is designed to encourage tourism promotion throughout the regions of New York State, and WHEREAS, the Livingston County Chamber of Commerce qualifies as an official Tourism Promotion Agency, now, therefore, be it RESOLVED, that the Livingston County Area Chamber of Commerce, be and hereby is designated by the Livingston County Board of Supervisors as their official Tourism Promotion Agency under this program and is authorized to make application for and receive grants on behalf of the County pursuant to the New York State Tourist Promotion Act, and be it further RESOLVED, that a certified copy of this resolution be filed by the Clerk of this Board with the Livingston County Area Chamber of Commerce. 12. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR LIVINGSTON COUNTY FOR THE YEARS : LIVINGSTON COUNTY AREA CHAMBER OF COMMERCE RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract for Livingston County, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Livingston County Area Chamber of Commerce 1/1/15-12/31/16 95% of prior year gross 4635 Millennium Drive lodging tax revenues Geneseo, NY For: Promotion of Tourism
7 Planning 13. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT BARTON & LOGUIDICE RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract for the Livingston County Planning Department, according to the terms designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Barton & Loguidice 10/10/13-3/31/15 Not to exceed $50, Elwood Davis Road Box 3107 Syracuse, NY For: Consultant services for development of the Dansville Transportation and Industrial and Commercial Access Study Probation 14. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT FOR THE LIVINGSTON COUNTY PROBATION DEPARTMENT: NYS DIVISION OF CRIMINAL JUSTICE SERVICES RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract for the Livingston County Probation Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount NYS Division of Criminal Justice Services 10/1/14 9/30/15 $22, Alfred E. Smith Office Building 80 South Swan Street, 3rd Floor Albany, New York For: Governor s Traffic Safety Committee (GTSC) Ignition Interlock Device Monitoring Sheriff 15. AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY SHERIFF S DEPARTMENT: GOVERNOR S TRAFFIC SAFETY COMMITTEE, NYS DIVISION OF CRIMINAL JUSTICE SERVICES RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Sheriff s Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount Governor s Traffic Safety Committee 1/1/15 12/31/15 $452, Empire Plaza Swan Street Building, Room 410B Albany, NY For: 2015 STOP DWI Plan NYS Division of Criminal Justice Services 10/1/14-9/30/15 $10,000.00
8 Alfred E. Smith Office Building 80 South Swan Street, 3rd Floor Albany, New York For: Unmanned Aerial System WAYS & MEANS COMMITTEE County Administrator/Budget Officer 16. AUTHORIZING TRANSFER OF FUNDS COUNTY HISTORIAN, DEPARTMENT OF HEALTH, HIGHWAY, PROBATION RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfers per the Budget Transfer Request Forms on file in the Office of the Clerk of the Board which have been approved by the Livingston County Administrator. 17.* AMENDING 2014 LIVINGSTON COUNTY BUDGET DEPARTMENT OF HEALTH RESOLVED, that the 2014 Department of Health budget be amended as follows: Increase Revenue A Donations $ Increase Appropriation A Motor Equipment $ Increase Revenue A Donations $2, TOTAL $2, Increase Appropriation A Office Supplies $ Print/Ads $2, TOTAL $2, Increase Revenue A St Aid Special Health $2, Increase A Print/Ads $2, Appropriation Increase Revenue A Health $12, TOTAL $12, Increase Appropriation A Office Equipment $ DP Equipment $11,213 TOTAL $12, AMENDING 2014 LIVINGSTON COUNTY BUDGET OFFICE FOR THE AGING RESOLVED, that the 2014 Office for the Aging Department budget be amended as follows:
9 Increase Revenue A Federal Funds $8, TOTAL $8, Increase Appropriation A Personal Services $6, Temporary Services $2, FICA $ TOTAL $8, Increase Revenue A Federal Revenue $55.00 Increase Appropriation A Subcontract $55.00 Increase Revenue A State Revenue $ TOTAL $ Increase Appropriation A Travel, Training $ Conference $ TOTAL $ Increase Revenue A Federal Revenue $1, Increase Appropriation A Service contract $1, Increase Revenue A Federal Funds $2, TOTAL $ Increase Appropriation A Travel, Training $1, Office supplies $ Advertising $1, TOTAL $2, AMENDING 2014 LIVINGSTON COUNTY BUDGET - SHERIFF RESOLVED, that the 2014 Sheriff s Department budget be amended as follows: Increase Revenue A Ins. Recovery $1, Increase Appropriation A Motor Equip. Repair $1, Increase Revenue A Child Safety Restraint $ Federal-other Public Safety $ TOTAL $ Increase Appropriation A Law Enf. Equip. $ Uniforms $ TOTAL $749.53
10 Increase Revenue A Ins. Recovery $ Increase Appropriation A Motor Equip. Repair $ DECLARING SURPLUS PROPERTY HIGHWAY, PROBATION WHEREAS, the County of Livingston owns surplus personal property that is no longer necessary for public use, now, therefore, be it RESOLVED, that the Livingston County Board of Supervisors hereby declares the following item(s) as surplus property to be disposed of as determined by the County Administrator: (Highway) Quantity Item Model Serial /VIN 1 Black Gold Waste Oil Furnace N/A N/A (Probation) Quantity Item Model Serial /VIN Chevrolet - Mileage: 131,568 Impala 2G1WF52E County Treasurer 21. APPROVING ESTIMATED 2015 SALES TAX DISTRIBUTION RESOLVED, that the list below of 2015 estimated Sales Tax Distribution be, and the same hereby is, approved: Town 2015 Estimate Avon $ 94, Caledonia $ 53, Geneseo $125, Groveland $ 63, Leicester $ 38, Livonia $183, North Dansville $ 22, Ossian $ 16, Portage $ 15, Springwater $ 49, West Sparta $ 24, York $ 78, Total: $760, PROVIDING FOR LEVY OF ERRONEOUS TAXES TO BE CHARGED TO TOWNS The following is a list of items shown on the records of the County Treasurer as having been charged to the following Towns due to erroneous assessments, errors in the levy of the budget or similar items: AVON $ 1, CALEDONIA $ CONESUS $ 3,861.91
11 GENESEO $ 2, GROVELAND $ LEICESTER $ LIMA $ 1, LIVONIA $ 2, MT. MORRIS $ NORTH DANSVILLE $.24 NUNDA $ OSSIAN $.17 PORTAGE $ SPARTA $.15 SPRINGWATER $.35 WEST SPARTA $.18 YORK $ 1, Total $ 16, Personnel 23. EXTENDING AND MODIFYING MILITARY LEAVE BENEFITS PROVIDED BY RESOLUTION WHEREAS, Resolution was adopted in order to provide supplementary pay and continuation of benefits to eligible employees on military leaves; and WHEREAS, said resolution was scheduled to expire on December 31, 2002 unless extended; and WHEREAS, the resolution has been extended thereafter and is currently scheduled to expire on December 31, 2014, if not extended; and WHEREAS, the Ways & Means Committee supports another extension with a revision concerning supplementary pay; now, therefore, be it RESOLVED, that the provisions of resolution are hereby extended through December 31, 2016 except that the provision concerning supplementary pay shall be revised to read as follows: RESOLVED, that after expiration of the salary benefits mandated by Military Law Section 242 and during the term of this resolution, all County employees on military leave for active duty in connection with the September 11, 2001 military crisis shall be paid a supplemental salary of the difference between their military pay and their regular County salary, unless their military pay equals or exceeds their normal County salary, for the duration of the military leave but not to exceed a period of one year from the start of the leave. 24. MODIFYING FAMILY AND MEDICAL LEAVE ACT POLICY WHEREAS, Livingston County currently has a Family and Medical Leave Act Policy; WHEREAS, the Board wishes to clarify the manner in which employees may use family sick leave under the policy; now, therefore, be it RESOLVED that the Livingston County Family and Medical Leave Act Policy is hereby modified as indicated on the copy which is attached to this resolution and incorporated herein by reference.
12 25. FOURTH AMENDMENT TO THE LIVINGSTON COUNTY 401(A) MATCHING DEFERRED COMPENSATION PLAN WHEREAS, the Livingston County 401(a) Matching Deferred Compensation Plan (the Plan ) was established effective January 1, 2009 for the benefit of eligible employees; WHEREAS, under Section 11.1 of the Plan, the County of Livingston, New York (the Employer ) has the right to amend the Plan; and WHEREAS, the Employer now wishes to amend the Plan, effective June 26, 2013, to define the term spouse so that it is consistent with the United States Supreme Court decision in United States v. Windsor, IRS Notice and any subsequent IRS guidance; now, therefore, be it RESOLVED, the Plan is amended, effective June 26, 2013, as follows: 1. Where it now appears throughout the Plan, the word spouse is changed to Spouse. 2. Sections 1.28 through 1.32 of the Plan are renumbered Sections 1.29 through 1.33, respectively. 3. The following new Section 1.28 is added to Article 1 of the Plan: 1.28 Spouse means an individual s spouse for Federal tax purposes, determined in accordance with Internal Revenue Service Notice and any related subsequent regulations or other guidance and, it is further RESOLVED, the County Administrator is hereby authorized to execute a Plan Amendment consistent with this resolution. 26. AMENDING THE 2014 HOURLY SALARY SCHEDULE: DEPARTMENT OF SOCIAL SERVICES, DEPARTMENT OF HEALTH, MENTAL HEALTH RESOLVED, that the 2014 Hourly Salary Schedule is amended as follows: Department of Social Services Create and fill one full-time Senior Typist position Delete one full-time Principal Clerk position Public Health: Delete one part-time Public Health Educator Delete one part-time Supervising Public Health Nurse Delete one full-time Administrative Secretary Delete one full-time Outreach Worker Mental Health: Delete one full-time Psychiatric Social Work Assistant Delete one full-time Senior Typist 27. AMENDING THE 2014 DEPARTMENT HEAD SALARY SCHEDULE: DEPARTMENT OF HEALTH, PERSONNEL RESOLVED, that the 2014 Department Head Salary Schedule is amended as follows: Public Health Convert the full-time Director of Patient Services position currently held by Cynthia Sheflin to a 4/5 part-time position, and change the position from salaried to hourly with an hourly rate of $32.93, effective January 11, Personnel Create one full-time Personnel Clerk position. Real Property Tax Services 28. AUTHORIZING DIRECTOR OF REAL PROPERTY TAX SERVICES TO APPLY CORRECTIONS FOR TAXES ON 2015 VARIOUS TOWN TAX ROLLS
13 WHEREAS, the Director of Real Property Tax Services has attached twenty-three (23) recommendations, applications and/or decisions (232 parcels) to correct the various Tax Rolls (Real Property Tax Law Sections 550 and 554), and WHEREAS, the following corrections are hereby recommended for the 2015 Tax Rolls for the various towns in Livingston County, it is hereby RESOLVED, that the Director of Real Property Tax Services is authorized to apply these corrections to the 2015 tax rolls, 1. Town of Avon Owner: Barilla America NY, Inc. Tax Map Number: Reason for correction: Due to PILOT agreement, the land assessment value was changed from $519,178 to $541,191 and total assessment value from $15,654,930 to $16,318, Town of Avon Owner: Marlene C. Perry Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 50% senior citizen exemption. The exemption should be applied. 3. Town of Avon Owner: Call Lands Tax Map Number: Reason for correction: The investigation found that this parcel was incorrectly being assessed for a barn that does not exist. The taxable assessed value should be reduced to $12, Town of Avon Owner: Avon Water Works Tax Map Number: Reason for correction: The investigation found that this parcel should have been 100% exempt. The taxable assessed value should be reduced to $0. 5. Town of Avon Owner: Avon Water Works Tax Map Number: Reason for correction: The investigation found that this parcel should have been 100% exempt. The taxable assessed value should be reduced to $0. 6. Town of Caledonia Owner: Eileen Stettinius Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 25% senior citizen exemption. The exemption should be applied. 7. Town of Geneseo Owner: Stephen M. Kelley David T. Kelley Tax Map Number: Reason for correction: The investigation found that the agricultural exemption should have been $49,017 not $30,027. The agricultural exemption should be corrected to $49, Town of Geneseo Owner: RW Geneseo LLC Tax Map Number: Reason for correction: Change Water Units from 1 to Town of Groveland Owner: Livingston County IDA c/o American Rock Salt Company Tax Map Number: Reason for correction: Due to PILOT agreement, the land assessment value was changed from $511,710 to $542,285 and total assessment value from $42,771,173 to $45,326, Town of Lima Owner: Venus V. Gardiner Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 50% senior citizens exemption. The exemption should be applied. 11. Town of Lima Owner: Timothy S. & Linda A. Barge Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 40% senior citizen exemption for town and county purposes and a 50% exemption for school tax purposes. 12. Town of Lima
14 Owner: Thomas K. & Elinor B. Bennett Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 35% senior citizen exemption for School purposes and a 15% exemption for Town and County Purposes. The exemption should be applied. 13. Town of Livonia Owner: Harrison Lee Post, Inc. Tax Map Number: Reason for correction: The investigation found that due to RPTL 452 this parcel should have been 100% exempt. The taxable amount should be reduced to $ Town of Livonia Owner: Steven P. & Kellie Eichas Tax Map Number: Reason for correction: The investigation found that due to a clerical error, this parcel had an incorrect value of $300,400. The taxable assessed value should be corrected from $300,400 to $163, Town of North Dansville Owner: Holly A. Martin Tax Map Number: Reason for correction: The investigation found that due to a transfer of ownership July 2013, this parcel is no longer eligible to receive veterans exemption as it belonged to the previous owner. Veterans exemption should be removed. 16. Town of North Dansville Owner: Kimberly Adams Tax Map Number: Reason for correction: The investigation found that due to a transfer of ownership November 2013, this parcel is no longer eligible to receive veteran exemption and veteran exemption 41141, as they belong to the previous owner. Veterans exemptions should be removed. 17. Town of North Dansville Owner: Blake L. Nickerson, III Bonnie J. Nickerson Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 30% disability exemption not 10%. The percent of disability exemption should be corrected to 30%. 18. Town of Ossian Owner: Gregory Beardsley Tax Map Number: Reason for correction: The investigation found that due to a transfer of ownership January 2014, this parcel is no longer eligible to receive Veterans exemption 41121, Senior Citizen exemption and Enhanced Star exemption 41834, as they belong to the previous owner. Exemptions should be removed. 19. Town of Springwater Owner: Moises Santiago Tax Map Number: Reason for correction: The investigation found that this parcel was incorrectly being assessed for an improvement that does not exist. The taxable assessed value should be corrected from $31,700 to $11, Town of Springwater Owner: Apex Potato Corp. Tax Map Number: Reason for correction: The investigation found that this parcel should have received an agricultural exemption in the amount of $108,218. Agricultural District exemption should be applied. 21. Town of Springwater Owner: Apex Potato Corp. Tax Map Number: Reason for correction: The investigation found that this parcel should have received an agricultural exemption in the amount of $20,960. Agricultural District exemption should be applied. 22. Town of Springwater Owner: John P. & Susan Cosgriff Tax Map Number: Reason for correction: The investigation found that due to a clerical error, this parcel had an incorrect value of $203,200. The assessed value should be corrected from $203,200 to $178,650. Veterans exemption recalculated accordingly. 23. Town of Springwater Owner: Various Tax Map Number: Various Reason for correction: Per James Campbell, the Town of Springwater Attorney, a total of 210 units should be added to the Springwater Sanitary Sewer District.
15 29. DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES AND UNPAID SEWER CHARGES ON 2015 TAX ROLLS - LIVINGSTON COUNTY WATER & SEWER AUTHORITY WHEREAS, the Livingston County Water and Sewer Authority(LCWSA), pursuant to Section 1199-yyyy(2) of the Public Authorities Law, has provided to the Board a statement of unpaid sewer and water charges in the district serviced by the LCWSA, and WHEREAS, such statement of unpaid charges is on file with the Clerk to the Board, now, therefore, be it RESOLVED, that pursuant to said Section 1199-yyyy(2) of the Public Authorities Law, the Real Property Tax Director is hereby authorized and directed to levy the sums stated in said statement against property liable, and state the amount of the charge in a separate column in the 2015 annual tax rolls of the County under the heading "Water Charge" or "Sewer Disposal Charge," as applicable, and to pay such amounts, excluding penalties and interest, to the Livingston County Water & Sewer Authority. CLOSE PUBLIC HEARINGS RESOLUTIONS cont. PUBLIC SERVICES COMMITTEE 30. ADOPTING SEQR NEGATIVE DECLARATION FOR EIGHT-YEAR REVIEW AND RENEWAL OF AGRICULTURAL DISTRICT #3. WHEREAS, the Department of Agriculture & Markets, as lead agency for Agricultural Districts program, has conducted a programmatic review of the environmental effects of agricultural districting and has concluded that there is little likelihood of significant adverse impacts resulting from the formation or modification of such districts; and WHEREAS, no unique circumstances exist in Livingston County which would increase the likelihood of adverse environmental impacts from the renewal and modification of Agricultural District #3; and WHEREAS, the NYS Department of Agriculture & Markets and the Livingston County Board of Supervisors are the only agencies required to undertake actions in this case; now therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby find the renewal and modification of Agricultural District #3 to be an Unlisted Action pursuant to the State Environmental Quality Review Act; and be it further RESOLVED, that it is hereby determined that the renewal and modification of Agricultural District #3 will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared. 31.* APPROVING EIGHT-YEAR REVIEW AND RENEWAL OF AGRICULTURAL DISTRICT #3 WHEREAS, on August 14, 2013, the Livingston County Board of Supervisors consolidated Agricultural District #4 into Agricultural District #3; and WHEREAS, the consolidated Agricultural District #3 is undergoing the eight-year review and renewal process; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board reviewed and recommended approving the renewal and modification of District #3 at its meeting on October 16, 2014; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on Agricultural District #3 on ; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental Quality Review Act, that the proposed modification and renewal of Agricultural District #3 will not have a significant impact on the environment; now therefore be it RESOLVED, that the Board of Supervisors hereby makes the findings contained in the Renewal and Modification Plan for Agricultural District #3; and be it further
16 RESOLVED, that the proposed modification and renewal of Livingston County Agricultural District #3 is hereby approved, and a copy of the proposed plan will be forwarded to the Commissioner of Agriculture and Markets. 32. ADOPTING SEQR NEGATIVE DECLARATION FOR ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of predominantly viable agricultural land within a certified agricultural district prior to the county established review period; now therefore be it RESOLVED, that the Livingston County Board of Supervisors does hereby determine that the addition of parcels to existing Agricultural Districts is an Unlisted Action pursuant to the State Environmental Quality Review Act; and be it further RESOLVED, that it is hereby determined that the addition of parcels to existing Agricultural Districts will not have a significant effect on the environment, and that a Draft Environmental Impact Statement will not be prepared. 33. APPROVING ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of predominantly viable agricultural land within a certified agricultural district prior to the county established review period; and WHEREAS, upon recommendation of the Agricultural & Farmland Protection Board, the Livingston County Board of Supervisors established the month of September as the 30-day period in which landowners may petition Livingston County for the inclusion of parcels within existing agricultural districts; and WHEREAS, Livingston County received two petitions for inclusion of land within an existing agricultural district; and WHEREAS, the Livingston County Agricultural & Farmland Protection Board determined that three parcels proposed for inclusion in the agricultural districts consist predominately of viable agricultural land, and that the inclusion of such land would serve the public interest by assisting in maintaining a viable agricultural industry within the agricultural districts; and WHEREAS, the Agricultural & Farmland Protection Board recommended the inclusion of three parcels in Agricultural Districts #1 and #4 as predominantly viable agricultural land, including parcels # and # in the Town of Livonia, and # in the Town of York; and WHEREAS, the Livingston County Board of Supervisors held a public hearing on ; and WHEREAS, the Livingston County Board of Supervisors has determined pursuant to the State Environmental Quality Review Act, that the proposed action will not have a significant impact on the environment; now therefore be it RESOLVED, that the Board of Supervisors does hereby approve the inclusion of three parcels in Agricultural Districts #1 and #2 as predominantly viable agricultural land, including parcels # and # in the Town of Livonia, and parcel # in the Town of York. OTHER BUSINESS ADJOURNMENT UNTIL 7:00 PM
17 ROLL CALL LIVINGSTON COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 19, :00 P.M. PUBLIC HEARING 7:00 PM 1. PROPOSED LIVINGSTON COUNTY BUDGET FOR 2015 PURSUANT TO SECTION 359 OF COUNTY LAW PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE CLOSE PUBLIC HEARING RESOLUTIONS WAYS AND MEANS COMMITTEE 1. ADOPTING BUDGET FOR FISCAL YEAR 2015 RESOLVED, that the Proposed Budget for the County of Livingston for the year 2015 is hereby approved and adopted as the final budget for the County of Livingston for the year AUTHORIZING APPROPRIATION OF 2015 ADOPTED BUDGET RESOLVED, that the adopted Livingston County Budget for the year 2015, be appropriated by the County Treasurer and shall be classified by funds and administrative units as set forth in said budget. ADJOURNMENT
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