NOVEMBER 16,

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1 NOVEMBER 16, REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 16, :30 P.M. ROLL CALL The roll was called showing all members present except Mr. Gott (Livonia) and Mr. Davis (Portage). PLEDGE OF ALLEGIANCE Avon Supervisor David LeFeber led the Pledge of Allegiance. APPROVAL OF MINUTES 1. Minutes of 10/26/11 Regular Meeting were approved as presented. PUBLIC HEARING 1. PROPOSED LIVINGSTON COUNTY BUDGET FOR 2012 PURSUANT TO SECTION 359 OF COUNTY LAW PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE 2. PROPOSED MODIFICATIONS OF LIVINGSTON COUNTY AGRICULTURAL DISTRICTS #1, #2 AND #4 Chairman Merrick declared the Public Hearings open and asked County Administrator Ian M. Coyle to present the 2012 Proposed Livingston County Budget. Mr. Davis entered. County Administrator Ian M. Coyle presented the 2012 Tentative County Budget. County of Livingston Tentative Budget Presentation Introductions & Recognitions Chairman of the Board James C. Merrick Vice Chairman of the Board Gary D. Moore Daniel L. Pangrazio, Chairman Eric R. Gott, Vice Chairman Dennis P. Mahus Thomas B. Baldwin William S. Wadsworth Financial Management Team Ian M. Coyle, County Administrator Carolyn Taylor, County Treasurer Terry Donegan, County Auditor Budget Support Staff Lisa Grosse, Administrative Assistant Dale Nieswiadomy, Director of ITS Michele Rees, Secretary to County Administrator Goals for the 2012 Budget Process Present a practical, responsible budget that delivers core county services in a cost-effective manner Stabilize the tax rate Comply with the provisions of the newly established property tax cap Use conservative estimates

2 304 REPORT OF THE SUPERVISORS PROCEEDINGS Table of Contents 1. Current Financial Conditions 2. Tentative Budget Summary & Highlights 3. Fund Balances and 2012 Capital Budget 4. Looking Ahead 5. Closing Remarks CURRENT FINANCIAL CONDITIONS Sales Tax Collections 2011 actual returns will exceed budget 2012 tentative budget shows some budget growth Not budgeting actual growth - conservative Trends and Indicators Local unemployment rate is lower than state and national averages Number of finalizing foreclosures in Clerk s Office are down from 2010 levels Real estate market relatively stable DSS caseloads relatively stable Fiscal uncertainty at State/Federal level Impacts from New York State Tax Cap (see Tax Cap slide) Cost-shifts continue, particularly in Probation, Public Defense, Social Services, Community Colleges NYS Retirement System (NYSRS) increases STILL no action on Home Rule measures Medicaid Takeover legislation introduced (S 5889-B ; A 8644) would provide immediate relief in 2012 Tax Cap Conundrum Limits increase in levy to no more than 2% or rate of inflation as indicated by CPI calculation with specific, limited exclusions and growth factors. Not a true 2%, but ((PY levy + PILOTS) X growth factor X 1.02) Expected PILOTS + partial NYSRS exclusion = Max levy 2012 budget purposes, Max levy increase = ~3.4% Override Local Law process TENTATIVE BUDGET SUMMARY & HIGHLIGHTS Tentative 2012 Budget Summary 2012 Assessed Value $3,229,904,662; Tax Rate $7.68; % change Tax Rate 0.01%; % change Tax Levy % Tax Rate History - Ten Year Average Increase of 0.42% 2012 Tentative Budget Highlights Proposed tax rate is stable ($7.68 $7.68) Some levy growth; Year-to-year impacts dependent upon changes in assessed valuation. Funds all current services and programs Level staffing ; No new positions Total all-funds, fund balance usage lower than 2011 Total all-funds spending down Budget to budget impact of over $1.3 million for 2012 Change in State revenue loss is $1,297,393

3 NOVEMBER 16, Tax Levy and MMIS Match The CNR does not have a direct tax levy support, which is a monumental achievement. The direct levy was $3.6 million and is zero now. There is still an MMIS contribution of $2.1 million. FUND BALANCES & 2012 CAPITAL BUDGET Fund Balance Usage 2012 Tentative Budget The County s Fund Balance position remains strong with prudent utilization in 2012 and healthy balances of projected unappropriated Fund Balance in the out years Use in 2012 Tentative Budget ($3,623,656) Tax Levy: $2,425,000 Capital Investment: $500,000 Highway: $350,000 CNR: $348,656 Why is Fund Balance important? 2011 Fiscal Year-End Surplus Estimates The County is expected to achieve an operational surplus in the General Fund Capital Budget Plan Projected 2012 Capital Budget of $500,000 Includes the following projects/transfers: County Clerk Records Project: $150,000 Convert all the remaining deed and mortgage books, associated index books and also the criminal and civil index books to digital format Radio Communication: $250,000 Transfer to E-911 Reserve for FCC-mandated mobile radio upgrades Miscellaneous: $100,000 Building restoration/energy efficiency LOOKING AHEAD Fiscal Futures / Action Plans NYS budget gap upcoming special session? Long term NYSRS, Insurance rates are high Continued fiscal uncertainty A responsible action plan for 2012 includes: Don t spend the allocated Fund Balance Commit to in-year budget oversight and containment Press strongly AGAIN - for Home Rule approval Begin mandated/non-mandated review of all programs Realize, but not budget, one-time revenues Important Questions What will be the long-term effects of the property tax cap? Will we see more cost-shifts and unfunded mandates? Will sales tax collections continue to show improvement? Will we ever receive NYS authorization on our new taxes? Will we see significant mandate relief in 2012? CLOSING REMARKS Assurances This Budget is: consistent with long-standing County budget goals, strategic plans and financial objectives. structurally balanced and fiscally sound.

4 306 REPORT OF THE SUPERVISORS PROCEEDINGS not reliant on the use of one-time revenues. the product of a team effort with important insight and participation by a dedicated team of top-notch Department Heads and staff. Thank You Special Thanks to the Board of Supervisors Special Thanks to the Department Heads Special Thanks to the County Workforce Chairman Merrick asked Planning Director Angela Ellis to comment on Public Hearing #2 Proposed Modifications Of Livingston County Agricultural Districts #1, #2 and #4. Angela Ellis offered the following comments: Thank you Mr. Merrick. Good afternoon. As you may be aware, effective September 17, 2004, the New York State Agricultural and Markets Law was amended with Section 303-b, which allows for parcels to be added into Agricultural Districts on an annual basis. The Livingston County Board of Supervisors has designated the month of September as the thirty-day annual period for submission of petitions by landowners to join an existing Agricultural District. Comprised of 4 Districts, Livingston County currently has over 215,000 acres of land included in the County s Agricultural District Program, which represents about 53% of our county s land base. This year, 6 petitions for inclusion of predominantly viable agricultural land within a certified agricultural district were filed with the Livingston County Board of Supervisors. Pursuant to NYS Agricultural and Markets Law, the County Agricultural and Farmland Protection Board conducted its review of the petitions in October and determined that 3 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. These parcels comprise a total of acres and are located in the Towns of Groveland, Mount Morris, and York. Today s public hearing is to allow public comment on the consideration of these petitions to modify Livingston County Agricultural Districts #1, #2 and #4 and the recommendation of the Agricultural and Farmland Protection Board. Thank you. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. The Chairman announced that the public hearings would remain open until the end of the meeting. COMMUNICATIONS 1. The Town Bonded Indebtedness Report is due today. 2. Letter from Assemblyman Daniel J. Burling acknowledging receipt of Res. No Urging Multi-Year State Takeover Of Local Share Of Medicaid. 3. Rusty Ehmann resigned from the Livingston County Water and Sewer Authority effective immediately, 11/7/ InterCounty Association of Western New York meeting will be held in Ontario County on Friday, November 18, 2011 at 9:30 AM at the New York Wine and Culinary Center, Canandaigua, NY. Registration $ PROGRAM: Economic Development- Hazlitt s Red Cat Cellars, Naples, NY 5. The County Administrator submitted the proposed 2012 Livingston County Budget on November 9, You are invited to the Livingston County Traffic Safety Holiday Gathering at the Yard of Ale, Piffard, NY on Wednesday, December 7, 2011, 6:00 PM, dinner at 7:00 PM, $19.50 per person. RSVP by December 1 to Pattie Johnston, ABSTRACT OF CLAIMS RESOLUTION NO APPROVING ABSTRACT OF CLAIMS #11A NOVEMBER 9, 2011

5 NOVEMBER 16, RESOLVED, that the Livingston County Board of Supervisors approves the Abstract of Claims #11A dated November 9, 2011 in the total amount of $1,820, PRIVILEGE OF THE FLOOR There was no request for Privilege of the Floor. MOTION FROM PUBLIC SERVICES COMMITTEE TO MOVE ORDER NO. 1 OF 2011 Motion made by Mr. Martello and seconded by Mr. Davis to move Order No. 1 of Carried. ORDER OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS ESTABLISHING EXT. NO. 9 OF THE CONESUS LAKE COUNTY SEWER DISTRICT ORDER NO. 1 OF 2011 WHEREAS, following a public hearing duly called and conducted in accordance with Section 254 of the County Law, and based upon the evidence given thereat, the Board of Supervisors of the County of Livingston, New York duly adopted Resolution No on June 8, 2011, determining in the affirmative all of the questions set forth in Section 256 of the County Law and approving the establishment of extension No.9A of the Conesus Lake County Sewer District in and for said County, subject to permissive referendum; WHEREAS, the period for the time for the submission of a valid petition requesting a referendum elapsed with no such petition having been filed; NOW, THEREFORE, BE IT ORDERED by the Board of Supervisors of the County of Livingston, New York, as follows: Section 1. The establishment of extension No. 9A of the Conesus Lake County Sewer District, is hereby authorized and approved, to be bounded and described as set forth in Appendix A attached hereto and made a part hereof. Section 2. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this Order to be recorded in the Office of the Clerk of the County of Livingston in accordance with the provisions of Section 259 of the County Law. Section 3. This Order shall take effect immediately. APPENDIX A All that tract or parcel of land situate in the Town of Conesus, County of Livingston, State of New York, described as follows: Beginning at a point on the centerline of Railroad Avenue on the south line of the existing Conesus Lake County Sewer District Extension No. 9; thence, 1. Northerly along the easterly line of the aforementioned existing sewer district and along the westerly line of tax account number , a distance of 522 feet, more or less, to a point; thence, 2. Easterly along a southerly line of the aforementioned existing sewer district and along the northerly line of aforementioned tax account number, a distance of 402 feet, more or less; thence, 3. Southerly along the easterly line of the aforementioned tax account number, a distance of 341 feet, more or less; thence, 4. Westerly along the southerly line of the aforementioned tax account number, a distance of 180 feet, more or less, to the southeasterly corner thereof; thence, 5. Southerly along the easterly line of the aforementioned tax account number, a distance of 135 feet, more or less, to a point; thence, 6. Westerly along the southerly line of the aforementioned tax account number, a distance of 20 feet, more or less, to a point; thence, 7. Southerly along the easterly line of the aforementioned tax account number, a distance of 45 feet, more or

6 308 REPORT OF THE SUPERVISORS PROCEEDINGS less, to a point along the centerline of Railroad Avenue, 49.5 feet wide right-of-way; thence, 8. Westerly, along the southerly line of the aforementioned tax account number and along the centerline of Railroad Avenue, a distance of 111 feet, more or less, to a point along the aforementioned existing sewer district; thence, 9. Westerly, along the southerly line of the aforementioned existing sewer district and centerline of Railroad Avenue, a distance of 96 feet, more or less, to the point of beginning. District as described contains 4.06 acres of land, more or less. Town Supervisor Weighted Vote Ayes Noes Abstain Absent AVON DAVID L. LEFEBER 175 X CALEDONIA DANIEL L. PANGRAZIO 126 X CONESUS BRENDA B. DONOHUE 66 X GENESEO WILLIAM S. WADSWORTH 247 X GROVELAND JAMES C. MERRICK 107 X LEICESTER GARY D. MOORE 64 X LIMA J. PETER YENDELL 125 X LIVONIA ERIC R. GOTT 195 X MT. MORRIS CHARLES J. DIPASQUALE 126 X N. DANSVILLE DENNIS P. MAHUS 157 X NUNDA THOMAS B. BALDWIN 84 X OSSIAN DOMENICK J. MARTELLO 21 X PORTAGE IVAN C. DAVIS 24 X SPARTA MARK J. SCHUSTER 46 X SPRINGWATER NORBERT W. BUCKLEY 65 X WEST SPARTA DOMINIC I. COSIMANO 34 X YORK GERALD L. DEMING 90 X TOTAL 1,752 NEED 877 AYES 1,557 NOES ABSTAIN ABSENT 195

7 NOVEMBER 16, ADOPTED LOST X The Order was thereupon declared duly adopted. RESOLUTIONS RESOLUTION NO AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY DEPARTMENT OF HEALTH: ROBERTS WESLEYAN COLLEGE, NEW YORK STATE DEPARTMENT OF HEALTH (2), GLENN BAUGHMAN Mr. Yendell presented the following resolution and moved its adoption: 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, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Roberts Wesleyan College Contractor Term Amount Roberts Wesleyan College 1/1/11-12/31/12 NA 2301 Westside Drive Rochester, NY For: Clinical experience for nursing students New York State Department of Health 1/1/11-12/31/11 $368, Div. Family Health, Fiscal Unit Room 878, Corning Tower Bldg., ESP Albany, NY For: Amendment to Title X Family Planning Contract New York State Department of Health 1/1/12-12/31/12 $346, Bureau of Maternal and Child Health Administration Unit, Room 878 Corning Tower, ESP Albany, NY For: Title X Family Planning Contract Glenn Baughman 8/1/11-7/31/13 $62/visit 3518 Pole Bridge Rd. $25/meetings Geneseo, NY For: Occupational Therapy Services Human Services Committee RESOLUTION NO AWARDING BID FOR THE COUNTY HIGHWAY DEPARTMENT CONSTRUCTION CONTRACT, FEDERAL/STATE-AID BRIDGE REPLACEMENT PROJECTS, NYSDOT PIN (WILDCAT ROAD) & PIN (SWANSON ROAD), TOWN OF MT. MORRIS RAMSEY CONSTRUCTORS, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, after the proper legal advertisement seeking bids for a single construction contract for two (2) Federal/State-Aid Bridge Replacement Projects, NYSDOT PIN (Wildcat Road) and NYSDOT PIN (Swanson Road), Town of Mt. Morris, ten (10) bids were received and opened on October 28, 2011, 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, and be it further

8 310 REPORT OF THE SUPERVISORS PROCEEDINGS RESOLVED, that the Contract amount is subject to NYSDOT-Approved fuel, asphalt and steel escalation and de-escalation provisions. Contractor Term Amount Ramsey Constructors, Inc. 11/16/11 6/31/13 $1,324, Gateway Park Lakeville, NY For: Construction Contract for two (2) Federal/State-Aid Bridge Replacement Projects, Wildcat Road & Swanson Road, Town of Mt. Morris. Not to exceed the amount shown, but subject to NYSDOT-Approved fuel, asphalt and steel escalation and de-escalation provisions. Public Services Committee RESOLUTION NO AUTHORIZING THE CHAIRMAN OF THE LIVINGSTON COUNTY BOARD OF SUPERVISORS TO SIGN THE FOLLOWING CONTRACT(S) FOR THE LIVINGSTON COUNTY PLANNING DEPARTMENT: C&S COMPANIES Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign the following contract(s) for the Livingston County Planning Department, according to the term(s) designated, subject to review by the County Attorney and County Administrator: Contractor Term Amount C&S Companies 11/14/11-1/31/13 not to exceed $103, State Street, Suite 120 Rochester, New York For: Consultant services for the Livingston County Transportation Connectivity Plan Project Public Services Committee RESOLUTION NO AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR ELECTRONIC MONITORING SERVICES FOR THE LIVINGSTON COUNTY PROBATION DEPARTMENT HOUSE ARREST SERVICES, INC. Mr. Deming presented the following resolution and moved its adoption: WHEREAS, the County of Livingston solicited a Request for Proposal for electronic monitoring services for the Livingston County Probation Department, and two proposals were received, now, therefore, be it RESOLVED, that the Chairman of the Livingston County Board of Supervisors is hereby authorized to sign a contract with House Arrest Services, Inc., which is determined to be the most qualified to provide said services, subject to review by the County Attorney and County Administrator: Contractor Term Amount House Arrest Services, Inc. 11/1/11-10/31/14 per client for required services: E. 9 Mile Rd. Eastpointe, MI E3 Radio Frequency Landline Unit $2.50 per day For: Electronic Home Monitoring services E3 Radio Frequency Landline Units $4.10 per day MEMS 3000 VBR Alcohol Testing Units with Radio Frequency-Landline $4.50 per day MEMS 3000 VBR Alcohol Testing Units with Radio Frequency-Cellular $5.85 per day Public Services Committee

9 NOVEMBER 16, RESOLUTION NO AUTHORIZING CONTRACTS TO HOUSE OUTSIDE INMATES AND SETTING THE DAILY BOARDING FEE AND RESCINDING RESOLUTION NO Mr. Deming presented the following resolution and moved its adoption: RESOLVED, that the Livingston County Board of Supervisors hereby sets a rate of $ per day to house federal inmates in the Livingston County Jail, and it is further RESOLVED, that the Livingston County Board of Supervisors hereby sets the rate of $85.00 per day to house outside county inmates in the Livingston County Jail, and it is further RESOLVED, that the Chairman of the Livingston County Board of Supervisors and the Livingston County Sheriff are authorized to sign contracts to house outside inmates incorporating the rates set forth herein; and it is further RESOLVED, that such contracts shall be executed prior to the admission of outside inmates into the Livingston County Jail and shall be subject to the approval of the Livingston County Administrator and Livingston County Attorney; and it is further RESOLVED, that resolution is rescinded. Public Services Committee RESOLUTION NO AUTHORIZING TRANSFER OF FUNDS OFFICE FOR THE AGING RESOLVED, that the Livingston County Treasurer is authorized and directed to make the requested transfer per the Budget Transfer Request Form on file in the Office of the Clerk of the Board which has been approved by the Livingston County Administrator. RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET DEPARTMENT OF HEALTH RESOLVED, that the 2011 Department of Health budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A Family Planning $23, TOTAL $23, Increase Appropriation A Office equipment $1, A DP equipment $3, A Training $1, A Office supplies $1, A Print/Ads $8, A Med. Supplies $7, TOTAL $23, RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET EMERGENCY MEDICAL SERVICES

10 312 REPORT OF THE SUPERVISORS PROCEEDINGS RESOLVED, that the 2011 Emergency Medical Services Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A Insurance Recovery $ Increase Appropriation A Auto Repair/Supplies $ RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET HIGHWAY DEPARTMENT RESOLVED, that the 2011 Highway Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue DM Other unclassified $30, Increase Appropriation DM Diesel Fuel $30, And, Increase Revenue DM Insurance Recovery $4, Increase Appropriation DM Outside Repairs $4, And, Increase Revenue D State Highway Capital $1, D Federal Highway Capital $8, TOTAL $10, Increase Appropriation D Contract Expense $10, TOTAL $10, And, Increase Revenue D State Highway Capital $5, D Federal Highway Capital $29, TOTAL $35, Increase Appropriation D Contract Expense $35, TOTAL $35, For those in the audience, Chairman Merrick explained there usually is not a lot of discussion regarding the resolutions at the Board meeting. He stated that the Supervisors have three committees and each Committee has seven members and other Supervisors attend those committees as well. The majority of the resolutions are discussed at the committee level. RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET OFFICE FOR THE AGING RESOLVED, that the 2011 Office for the Aging Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A Federal Cash in lieu $ Increase Appropriation A Agency Contract $ And, Increase Revenue A Federal Revenue $3, Increase Appropriation A Data Processing $3,513.00

11 NOVEMBER 16, RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET SHERIFF S DEPARTMENT RESOLVED, that the 2011 Office for the Sheriff s Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue A Insurance Recovery $ Increase Appropriation A Outside Repairs $ RESOLUTION NO AMENDING 2011 LIVINGSTON COUNTY BUDGET WORKFORCE DEVELOPMENT RESOLVED, that the 2011 Workforce Development Department budget be amended as follows: Account Dept. Code Description Amount Increase Revenue J Federal Aid $18, TOTAL $18, Increase Appropriation J Travel $2, J Conference $1, J MLR $2, J Telephone $ J Supplies $1, J Data $ J Copier $1, J Professional Serv. $1, J Training $6, J Support $ TOTAL $18, And, Increase Revenue J Federal Aid $35, TOTAL $35, Increase Appropriation J Personal Services $25, J Temporary Services $1, J Overtime $ J FICA $2, J Retirement $5, J Worker s Compensation $1, J Unemployment $ TOTAL $35,600.00

12 314 REPORT OF THE SUPERVISORS PROCEEDINGS RESOLUTION NO AUTHORIZING LEASE WITH HARMONY CHILD CARE CENTER, INC. RESOLVED, that the Livingston County Board of Supervisors finds that approximately 3,400 square feet located in the former Geneseo Skilled Nursing Facility is no longer necessary for Livingston County public purposes; and, be it further RESOLVED, that the Livingston County Board of Supervisors authorizes the Chairman of the Board to sign a lease with Harmony Child Care Center, Inc. for said 3,400 square feet in the former Geneseo Skilled Nursing Facility for a period of five years at $1, per month, increasing 3% yearly, said lease to be subject to the approval of the County Attorney and County Administrator. RESOLUTION NO DECLARING SURPLUS PROPERTY DISTRICT ATTORNEY 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: District Attorney Quantity Item Vin # Blue Audi A4 WAUDH68DX1A RESOLUTION NO ADOPTING THE AMENDED DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF LIVINGSTON COUNTY WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Livingston County (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, Livingston County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Livingston County; WHEREAS, effective August 26, 2011 the Board amended the Model Plan to adopt provisions Reorganizing and updating sections to improve the overall readability and eliminate unnecessary numerical references (annual limits) from the Model Plan document. Including employer elections within the plan document including: suspension of deferrals following an unforeseeable emergency withdrawal, automatic distributions from small and inactive accounts, loan design parameters and Roth deferrals and in-plan conversions are permissive. The Model Plan document includes a Schedule A where the employer may indicate the election of one or more of these provisions. Clarifying the first date a participant may make deferrals in compliance with Code Section 457(b) and timing requirements for any subsequent changes to deferral rates or allocations between pre-tax and after-tax deferrals. Clarifying compensation available for deferral for purposes of calculating contributions and recognizes that employers use various methods in determining the order of deductions taken before a deferral percentage is applied. Including provisions related to HEART Act of 2008 regarding treatment of differential pay and qualifying

13 NOVEMBER 16, distributions for active military service in compliance with the HEART Act, including suspension of deferrals for six months following distribution. Making technical recognition of the waiver of RMDs for Clarifying that a beneficiary form must be received in good order to be considered valid. Clarifying that the Model Plan will only accept rollovers from Eligible Retirement Plans comprised of pre-tax amounts and amounts may be rolled in by participants, beneficiaries (other than inherited accounts) and alternate payees. Model Plans may roll account balances out to Eligible Retirement Plans that include post-tax amounts if the receiving plan separately accounts for them. Clarifying that a beneficiary of a deceased participant may roll a distribution directly to a Roth IRA, in addition to plan participants. Including language allowing for future delivery of participant communications through electronic means, where appropriate. Codifying that periodic and lump sum payments must be a minimum of $100 per payment, unless the Committee selects a different minimum, and sets a maximum annual number of partial distributions. Clarifying that the $50,000 loan limit includes the highest loan value in the last twelve months from the Model Plan and other employer plans. Regarding participants who have defaulted on a Plan loan, subsequent loans would not be allowed until defaulted loan is repaid. Removes requirement that a participant must wait until the term of the original loan expires before applying for a new loan, assuming the defaulted loan is repaid. Providing guidance on the handling of the receipt of special proceeds such as SEC settlements payable to former participants. Allowing a surviving spouse beneficiary to name a beneficiary on their account. Including the 5 year option for non-spousal beneficiaries to receive distributions and makes distribution rules consistent for pre- and post-age 70½ deaths. Allowing earlier distributions due to severance of employment as long as a balance of $500 remains in the account for 45 days after a severance from employment. Providing that outstanding loans from another New York state 457(b) plan may be allowed to be transferred or rolled in with a full account transfer. Removing the Power of Attorney Language since the acceptance of a power of attorney is governed by State law and not required in the Model Plan document. Clarifying the requirement that Committee actions must be taken at a public meeting in accordance with Article 7 of the Public Officers Law. Limiting indemnification to Committee Members only. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, Livingston County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Livingston County by adopting the amended Model Plan. Now, therefore, be it RESOLVED, that Livingston County hereby amends the Deferred Compensation Plan for Employees of Livingston by adopting the amended Model Plan effective August 26, 2011, including the optional provisions in Schedule A, in the form attached hereto as Exhibit A. RESOLUTION NO AMENDING THE 2011 AND 2012 DEPARTMENT HEAD SALARY SCHEDULE: DISTRICT ATTORNEY S OFFICE RESOLVED, that the 2011 and 2012 Department Head Salary Schedules are amended as follows: District Attorney s Office Create two full-time Assistant District Attorney positions.

14 316 REPORT OF THE SUPERVISORS PROCEEDINGS Delete two full-time Assistant District Attorney positions effective January 14, Ways & Means Committee RESOLUTION NO AMENDING THE 2011 DEPARTMENT HEAD SALARY SCHEDULE: PUBLIC WORKS DEPARTMENT RESOLVED, that the 2011 Department Head Salary Schedule is amended as follows: Public Works Department Create one full-time Director of Operations position. Ways & Means Committee RESOLUTION NO AUTHORIZING DIRECTOR OF REAL PROPERTY TAX SERVICES TO APPLY CORRECTIONS FOR TAXES ON 2012 VARIOUS TOWN TAX ROLLS WHEREAS, the Director of Real Property Tax Services has attached twenty-six (26) recommendations, applications and/or decisions (26) parcels to correct the various School Tax Rolls (Real Property Tax Law Sections 550 and 554), and WHEREAS, the following corrections are hereby recommended for the 2012 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 2012 tax rolls: 1. Town of Avon Owner: Genesee Valley Conservancy Tax Map Number: Reason for correction: The investigation found that this parcel should have been listed as wholly exempt. The taxable assessed value should be corrected from $2,000 to $0 wholly exempt Roll Section Town of Caledonia Owner: Russell W. Barber Tax Map Number: Reason for correction: The investigation found that the fire district was omitted from the 2011 final assessment roll. Caledonia Fire 1 FD221 was added. 3. Town of Conesus Owner: Raymond H. & Christine D. Walker Tax Map Number: Reason for correction: The investigation found that this parcel should have been listed in the Conesus Lake County Sewer District with one improved unit. Conesus Lake County Sewer District SD244 CLCSD Ext 9A Imp. was added. 4. Town of Geneseo Owner: Brandon M. Brady Tax Map Number: Reason for correction: Removed WD264 Water District #1 Occupied with one unit. Added WD263 Water District #1 Vacant with zero units. This is an agricultural district parcel. 5. Town of Geneseo Owner: Gordon B. McClellan Robert McClellan, III Tax Map Number: Reason for correction: Removed WD264 Water District #1 Occupied with one unit. Added WD263 Water District #1 Vacant with zero units. This is an agricultural district parcel. 6. Town of Geneseo Owner: Seven Nations Stakes, Inc. Tax Map Number: Reason for correction: Added WD629 Water District #1 Ext 7 Occupied with one unit. 7. Town of Livonia

15 NOVEMBER 16, Owner: Mark W. Beardsley Properties, LLC Tax Map Number: Reason for correction: Total assessed value was corrected from $254,000 to $368, Town of Livonia Owner: Peter W. Sear Tax Map Number: Reason for correction: Pursuant to an Article 7 agreement, the total assessment of this parcel was reduced from $479,400 to $430, Town of Livonia Owner: David Wright Tax Map Number: Reason for correction: The investigation found that this parcel should have received a 35% senior citizen exemption. This exemption should be applied, which will correct the taxable value from $311,900 to $202, Town of Livonia Owner: Robert W. & Margaret Freudigman Tax Map Number: Reason for correction: Owners voluntarily renounced veteran s exemption. Removed 15% veteran s exemption, the taxable assessed value changed from $324,900 to $345, Town of Livonia Owner: Sharon L. Semon Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $189,600 to $167, Town of Livonia Owner: Douglas C. and Laurie E. Hepler Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $415,700 to $331, Town of Livonia Owner: City of Rochester Tax Map Number: Reason for correction: Changed taxable status of parcel from wholly exempt Roll Section 8 to taxable Roll Section 1, exemption removed. 14. Town of Livonia Owner: Hemlock Fire Department, Inc. Tax Map Number: Reason for correction: Parcel acquired December 14, 2010, which exempts parcel as of that date. Taxable value corrected from $8,300 to $ Town of Livonia Owner: Hemlock Fire Department, Inc. Tax Map Number: Reason for correction: Parcel acquired December 14, 2010, which exempts parcel as of that date. Taxable assessed value corrected from $40,800 to $ Town of Mt. Morris Owner: Ralph R. Mowry, Trustee c/o Olin C. Mowry Tax Map Number: Reason for correction: Total assessed value and taxable value corrected from $116,400 to $6, Town of North Dansville Owner: Christopher R. Lynn and Terry LeBar Lynn Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $128,900 to $115, Town of North Dansville Owner: Miller Media, Inc. Tax Map Number: Reason for correction: The investigation found this parcel was combined with another parcel. Parcel was deleted. 19. Town of Ossian Owner: Nancy Walker Smith and W. James Smith Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $105,000 to $87, Town of Ossian

16 318 REPORT OF THE SUPERVISORS PROCEEDINGS Owner: Robert J. & Marilynn J. Carter Tax Map Number: Reason for correction: The investigation found that the fire district was omitted from the 2011 final assessment roll. Ossian Fire 1 FD421 was added. 21. Town of Ossian Owner: State of New York Tax Map Number: Reason for correction: Transition assessment corrected to $11,970 for Town purposes. 22. Town of Ossian Owner: State of New York Tax Map Number: Reason for correction: Transition assessment corrected to $11,970 for Fire purposes. 23. Town of Portage Owner: The People of the State of New York Tax Map Number: Reason for correction: Changed taxable status of parcel from taxable Roll Section 1 to wholly exempt Roll Section 8. Taxable assessed value corrected to $ Town of Springwater Owner: People of the State of New York Tax Map Number: Reason for correction: Parcel acquired March 24, 2011, which exempts parcel as of that date. Taxable assessed value corrected from $178,300 to $ Town of West Sparta Owner: Virginia M. Nicastle Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $165,300 to $159, Town of West Sparta Owner: Charles & Barbara Taft Tax Map Number: Reason for correction: Pursuant to a Small Claims Hearing decision, the total assessment and taxable assessed value of this parcel were reduced from $150,800 to $125,000. RESOLUTION NO DIRECTING THE REAL PROPERTY TAX DIRECTOR TO SPREAD UNPAID WATER CHARGES AND UNPAID SEWER CHARGES ON 2012 TAX ROLLS - LIVINGSTON COUNTY WATER & SEWER AUTHORITY WHEREAS, the Livingston County Water and Sewer Authority, 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 Livingston County Water and Sewer Authority, 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 2012 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 Chairman Merrick asked if anyone wished to comment regarding the public hearings. No one wished to speak. The Chairman asked if any Supervisor wished to comment.

17 NOVEMBER 16, Ossian Supervisor Domenick Martello stated on behalf of all the Supervisors, he thanked the County Administrator, all the Department Heads and all the County employees whose efforts have enabled us to come up with a budget that certainly meets all of our goals. He indicated he believes this budget will be seen as very positive for all the residents of Livingston County. He stated thanked everyone. Chairman Merrick also thanked everyone and echoed Mr. Martello s remarks, and thanked the Board of Supervisors, Department Heads and the County Administrator. He stated he can remember at a past Department Head meeting when Dominic Mazza was County Administrator, we had a similar fund balance as we have now, and one of the Department Heads asked How long are we going to have that fund balance? Mr. Mazza responded as long as I am County Administrator, and Chairman Merrick stated our current County Administrator is headed down the same road. The Chairman declared the public hearings closed. RESOLUTIONS cont. RESOLUTION NO ADOPTING SEQR NEGATIVE DECLARATION FOR ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS Mr. Deming presented the following resolution and moved its adoption: WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of 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. Public Services Committee Mt. Morris Supervisor Charles DiPasquale asked for permission to abstain from Res. No and due to a litigation. Mr. Moore moved and Mr. Schuster seconded to authorize Supervisor DiPasquale to abstain from voting as requested. Carried. The roll was called as follows: Ayes - 1,431; Noes - 0; Abstain - DiPasquale, 126; Absent - Gott, 195; Adopted. RESOLUTION NO APPROVING ADDITIONS TO EXISTING AGRICULTURAL DISTRICTS Mr. Deming presented the following resolution and moved its adoption: 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 six 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 inclusion of three parcels in Agricultural Districts #1, #2, and #4 as predominantly viable agricultural land, including parcels # in the Town of Groveland, # in the Town of Mount Morris, 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

18 320 REPORT OF THE SUPERVISORS PROCEEDINGS 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, #2, and #4 as predominantly viable agricultural land, including parcels # in the Town of Groveland, # in the Town of Mount Morris, and # in the Town of York. Public Services Committee The roll was called as follows: Ayes - 1,431; Noes - 0; Abstain - DiPasquale, 126; Absent - Gott, 195; Adopted. OTHER BUSINESS 1. CHAIRMAN OF THE BOARD APPOINTMENTS Name Address Represent/Title Term Expires Livingston County Youth Board Holly Adams 607 Stilson Road Hunt, NY Town of Portage 8/31/13 EXECUTIVE SESSION Motion made by Mr. Pangrazio and seconded by Mr. DiPasquale that the Board adjourn and reconvene as a Committee of the Whole for the purpose of discussing information regarding pending litigation; and that James C. Merrick act as Chairman, Virginia O. Amico act as Secretary, and County Administrator Ian M. Coyle, County Attorney David J. Morris, and County Treasurer Carolyn Taylor remain present. Carried. The Board reconvened in regular session. The following report was presented. REPORT OF EXECUTIVE SESSION The Board of Supervisors having met in Executive Session for the purpose of discussing information regarding pending litigation, hereby reports as follows: No action taken. Dated James C. Merrick, Chairman Virginia O. Amico, Clerk of the Board Motion made by Mr. Pangrazio and seconded by Mr. Wadsworth that the Report of the Executive Session be accepted. Carried. OTHER BUSINESS 1. Lima Supervisor Yendell announced he had a conversation with Major Christopher Smith and the Major wanted the Board to be aware that the Sheriff s Department has a new traveling message center with a camera. Mr. Yendell stated if any Supervisor is interested in borrowing this to advertise events in their town, they should contact Major Smith. ADJOURNMENT UNTIL 7:00 P.M. Motion made by Mr. Pangrazio and seconded by Mr. Deming to adjourn until 7:00 p.m. Carried. The Board adjourned at 2:21 p.m. LIVINGSTON COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING WEDNESDAY, NOVEMBER 16, :00 P.M. ROLL CALL The roll was called showing all members present except Mr. Davis (Portage) and Mr. Buckley (Springwater). PUBLIC HEARING 7:00 PM

19 NOVEMBER 16, PROPOSED LIVINGSTON COUNTY BUDGET FOR 2012 PURSUANT TO SECTION 359 OF COUNTY LAW PRESENTATION BY COUNTY ADMINISTRATOR IAN M. COYLE Chairman Merrick declared the Public Hearing open and asked County Administrator Ian M. Coyle to present the 2012 Proposed Livingston County Budget. County Administrator Ian M. Coyle asked the Board if they had any questions and there were none. Chairman Merrick stated anyone interested in speaking to please come forward and sign in at the podium. No one wished to speak. The Chairman asked if any Supervisor wished to comment. Chairman of the /Caledonia Supervisor Daniel Pangrazio commended the County Administrator and Department Heads for developing the 2012 County budget and commented that it is a budget we can be proud of. Conesus Supervisor Brenda Donohue stated it is a pleasure to be a part of Livingston County. Chairman Merrick thanked the Department Heads and the County Administrator for putting together a wellgroomed 2012 County budget. CLOSE PUBLIC HEARING Chairman Merrick again asked if anyone wished to comment regarding the public hearing. No one wished to speak. The Chairman declared the public hearing closed. RESOLUTIONS RESOLUTION NO ADOPTING BUDGET FOR FISCAL YEAR 2012 RESOLVED, that the Proposed Budget for the County of Livingston for the year 2012 is hereby approved and adopted as the final budget for the County of Livingston for the year The roll was called as follows: Ayes - 1,663; Noes - 0; Absent Davis, 24; Buckley, 65; Total 89; Adopted. RESOLUTION NO AUTHORIZING APPROPRIATION OF 2012 ADOPTED BUDGET RESOLVED, that the adopted Livingston County Budget for the year 2012, be appropriated by the County Treasurer and shall be classified by funds and administrative units as set forth in said budget. The roll was called as follows: Ayes - 1,663; Noes - 0; Absent Davis, 24; Buckley, 65; Total 89; Adopted. ADJOURNMENT Motion made by Mr. Wadsworth and seconded by Mr. Pangrazio to adjourn until Wednesday, December 14, 2011 at 1:30 p.m. Carried. The Board adjourned at 7:04 p.m.