The Town of Farmington

Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

Supervisor The following was presented Mr. Fafinski Councilman By______Mr. Ingalsbe Councilman Sec’d by ______Mr. Mickelsen Councilman Date of Adoption: September 24, 2013 Dr. Casale Councilman Mr. Holtz

Total

RE: Letter of Credit – Auburn Meadows Subdivision, Section 5 - Release # 3 in the total amount of $ 208,478.18.

WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received from the Town Planning Board a resolution dated September 18, 2013 recommending that the above referenced Letter of Credit Release # 3 be approved in the total amount of $ 208,478.18 for work completed in Section 5 of the Auburn Meadows Subdivision Tract; and

WHEREAS, the Planning Board has reviewed the documentation submitted for the partial release of the Letter of Credit, including the Town Letter of Credit Release Form No. 3 for the Auburn Meadows Project signed by all of the town department heads; and

WHEREAS, the total amount of this Letter of Credit is $ 1,050,251.38; and

WHEREAS, there will be a balance of $ 565,912.42 remaining in the Letter of Credit after Release # 3; and

WHEREAS, the Town Clerk has reviewed this requested release finding the amounts contained therein to be accurate.

NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes the Town Supervisor, to execute the release of the requested amount from the above referenced Letter of Credit.

BE IT FURTHER RESOLVED that the Director of Development is to be provided a copy of this resolution.

FINALLY BE IT RESOLVED that a copy of this resolution is to be issued to the Letter of Credit holder, Ernie Ackerman of A & D Real Estate Development, LLC. Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD Roll Call Vote Names Ayes Nays Abstain Absent

Supervisor The following was presented Theodore Fafinski Councilman By______Peter Ingalsbe Councilman Sec’d by ______Steven Holtz Councilman Date of Adoption: September 24, 2013 Michael Casale Councilman Timothy Mickelsen

Acceptance of the proposal dated September 12, 2013 from MRB Group, P.C., Town Engineers, for professional design services related to the redesign of the foundation system for the construction of the Town Court Facility on Hook Road.

WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received, from Scott Bova, Architect, MRB Group, P.C., the Town Engineers, a proposal for re-design services for replacing a poured concrete foundation system for the new Town Court facility on Hook Road (hereinafter referred to as Capital Project) with a concrete block foundation system; and

WHEREAS, the proposed professional services include architectural and structural analysis, design components for the foundation walls, the foundation and exterior elevation details to enable the Capital Project General Contractor the ability to provide all related costs associated with the alternative concrete block foundation system for the Town Court facility; and

WHEREAS, the total cost for these professional services is $ 5,600.00; and

WHEREAS, the Town Board understands from the Town Bookkeeper that there is sufficient funds in Capital Budget Account HJ 1440.21 available to enable the awarding of the total proposed cost for the above described services; and

WHEREAS, the Town Board acknowledges that there is potential savings to the Town associated with the alternative concrete block foundation system which would be in the best interests of the Town.

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby accept the formal proposal from MRB Group, P.C., in the total lump sum dollar amount of $ 5,600.00 for the analysis and redesign of a concrete block foundation system and related components for the Town Court Building.

BE IT FURTHER RESOLVED that the Town Board does hereby authorize the Town Supervisor to sign and to execute the September 12, 2013 Foundation Re-Design Proposal from the MRB Group..

BE IT FINALLY RESOLVED that copies of the signed Foundation Re-Design Proposal be filed with the Town Director of Planning and Development and the Town Clerk. Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD Roll Call Vote Names Ayes Nays Abstain Absent Supervisor The following was presented Mr. Fafinski Councilman By______Mr. Ingalsbe Councilman Sec’d by ______Mr. Mickelsen Councilman Date of Adoption: September 24, 2013 Mr. Holtz Councilman Dr. Casale

Total

RE: SEQR RESOLUTION DESIGNATING THE TOWN BOARD AS THE LEAD AGENCY FOR DETERMINING THE SIGNIFICANCE UPON THE CONSTRUCTION OF THE TOWN HALL LOW PRESSURE SEWER EXPANSION PROJECT.

WHEREAS, the Town of Farmington Town Board (hereinafter referred to as Town Board) has conducted a coordinated review with involved agencies under the provisions of the State Environmental Quality Review Act (SEQR) Regulations, which ended on Friday, September 13, 2013; and

WHEREAS, the Town Board has not received any objections from the other involved agencies which include: the United States Army Corps of Engineers, the County of Ontario; and the Town of Farmington Water and Sewer Department; and

WHEREAS, the Town Board has provided a 30 day public review and comment period upon the proposed Action, which commenced on August 14, 2013.

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby designate itself as the lead agency for making the required Determination of Significance under the SEQR Regulations for the above referenced Action. Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD Roll Call Vote Names Ayes Nays Abstain Absent

Total

RE: FARMINGTON TOWN BOARD RESOLUTION ACCEPTING PARTS 2 and 3 OF THE FULL ENVIRONMENTAL ASSESSMENT FORM AND MAKING A DETERMINATION OF NON- SIGNIFICANCE UPON THE ACTION IDENTIFIED AS TOWN HALL LOW PRESSURE SEWER EXPANSION PROJECT.

WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received Parts II and III of the Full Environmental Assessment Form on the above referenced construction of a low pressure sanitary sewer force main with two pump stations to connect the Town Campus, Town Park Restroom and Town Parks Maintenance Department Building to public sewers located along Hook and Collett Roads (hereinafter referred to as Action), which are hereby made an attachments to this resolution; and

WHEREAS, the Action involves the construction of approximately 7,000 lineal feet of 2 ½ inch sanitary sewer force main extending from the Farmington Town Hall on County Road 8 to the public sewers located south and east of the intersection of Hook and Collett Roads along with two (2) pump stations; and

WHEREAS, the Town Board having completed a coordinated review with involved and interested agencies has been the designated lead agency is required to make a determination of significance under the provisions of Article 8 of the State Environmental Conservation Law, Part 617 of the State Environmental Quality Review Act prior to acting upon the Action.

NOW, THEREFORE, BE IT RESOLVED that the Town Board has reviewed and does hereby accept Parts 2 and 3 of the Full Environmental Assessment Form.

BE IT FURTHER RESOLVED that the Town Board has given consideration to the criteria for determining significance as set forth in Section 617.7 (c) (1) of the SEQR Regulations and the information contained in the Full Environmental Assessment Form and Environmental Record that has been created upon said Action.

BE IT FURTHER RESOLVED that the Town Board has reasonably concluded the following impacts are expected to result from the proposed Action, when compared against the criteria in Section 617.7 ( c ):

(i) there will not be a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; (ii) there will not be large quantities of vegetation or fauna removed from the site or destroyed as the result of the proposed Action; there will not be substantial interference with the movement of any resident or migratory fish or wildlife species as the result of the proposed Action; there will not be a significant impact upon habitat areas on the site; there are no known threatened or endangered species of animal or plant, or the habitat of such species; or, are there any other significant adverse impacts to natural resources on the site;

(iii) there are no known Critical Environmental Area(s) within the sewer line corridor which will be impaired as the result of the proposed Action;

(iv) the Action is consistent with the adopted Town’s Comprehensive Plan land use recommendations;

(v) there are no known important historical, archeological, architectural, or aesthetic resources within the highway corridor, or will the proposed Action impair the existing community or neighborhood character;

(vi) there will not be a major change in the use of either the quantity or type of energy resulting from the proposed Action;

(vii) there will not be any hazard created to human health;

(viii) there will not be a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses;

(ix) there will not be a large number of persons attracted to the site for more than a few days when compared to the number of persons who would come to such a place absent the Action;

(x) there will not be created a material demand for other actions that would result in one of the above consequences;

(xi) there will not be changes in two or more of the elements of the environment that when considered together result in a substantial adverse impact; and

(xii) there are not two or more related actions which would have a significant impact on the environment.

BE IT FURTHER RESOLVED that based on the information and analysis above and the supporting documentation referenced above, the proposed Action WILL NOT result in any significant adverse environmental impacts.

BE IT FURTHER RESOLVED that the Town Board does hereby make a Determination of Non-Significance upon said Action and directs the Town Supervisor to sign and date the Full Environmental Assessment Form and to file copies thereof as provided for under the SEQR Regulations. Resolution No. ______of 2013

THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

Supervisor The following was presented Theodore Fafinski Councilman By______Peter Ingalsbe Councilman Sec’d by ______Steven Holtz Councilman Date of Adoption Michael Casale Councilman Timothy Mickelsen

RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN THE BUSINESS ASSOCIATE AGREEMENT FOR HIPAA WITH BROWN & BROWN OF NEW YORK, INC.

WHEREAS, Brown and Brown has asked that the Town Supervisor sign a Business Associate Agreement for HIPAA, and therefore

BE IT RESOLVED, that the Town Board authorizes the Supervisor to sign the Business Associate Agreement for HIPAA, and

BE IT FURTHER RESOLVED, that the Town Clerk is to provide the Supervisor with a copy of this Resolution and one executed agreement and the second to be returned to Brown & Brown. Resolution No. ______of 2013

THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN THE EASEMENT DOCUMENT FROM RG&E TO GRANT RG&E AN EASEMENT OVER A PORTION OF THE NEW HIGHWAY CAMPUS PROPERTY ON HOOK ROAD

WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received a formal easement document (hereinafter referred to as Easement) from Rochester Gas & Electric Corporation asking the Town of Farmington to grant RG&E and easement over a portion of the new Highway Campus property on Hook Road; and

WHEREAS, the Town Highway Superintendent and the Attorney to the Town have reviewed this latest, revised easement, attached hereto and made a part hereof, and both find it to be acceptable.

NOW, THEREFORE, BE IT RESOLVED that the Town Board has reviewed this Easement to RG&E on the Highway Campus property on Hook Road and finds it to be in the best interests of the Town to grant said easement; and be it further

RESOLVED that the Town Board approves and grants the Easement document attached hereto; and be it further

RESOLVED that the Town Board does hereby direct the Town Supervisor to execute the Easement document, and any other documents necessary to put it into effect, and to return said Easement to Rochester Gas & Electric Corporation for the purpose of recording in the Ontario County Clerk’s Office and to provide the Town Board with a record of the liber and page of said Easement being filed. Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

Supervisor The following was presented Theodore M Fafinski Councilman By______Peter Ingalsbe Councilman Sec’d by ______Timothy P Mickelsen Councilman Date of Adoption Steven Holtz Councilman Michael J. Casale

Total

RESOLUTION AUTHORIZING BUDGET AMENDMENT

NOW THEREFORE BE IT RESOLVED that the Town Board hereby authorizes the following budget amendment and bank account transfer:

FROM: A1990.4 Contingent Account $1,200.00 TO: A3620.4 Safety Inspection - CE $1,200.00

BE IT RESOLVED that the bookkeeper transfers money from Contingent Account (A1990.4) to Safety Inspection - CE (A3620.4) in the amount of $1,200.00.

BE IT FURTHER RESOLVED that the Town Clerk provides a copy of this resolution to the Bookkeeper, the Town Clerk. Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

Total

Resolution authorizing the Supervisor to renew our contracted gas rates

Whereas, Troy and Banks, our utility auditor, has advised that our current gas rates will expire on October 31, 2013, and

Whereas, Troy and Banks have obtained early rates, effective November 1, 2013, that are lower than our current contracted rate $5.85/DTH, and the quoted rate for a two year contract is $5.68DTH,

Now be it resolved: that the town board authorizes the Supervisor to renew our gas contract based on the quote obtained by our energy booker, Troy and Banks, a copy of this resolution should be furnished the bookkeeper, and Justin Raybeck, Energy Auditor/Advisor, Troy & Banks, Inc. 2216 Kensington Ave. Buffalo, NY 14226 Resolution No. ______of 2013 THE TOWN OF FARMINGTON TOWN BOARD

Roll Call Vote Names Ayes Nays Abstain Absent

RESOLUTION AUTHORIZING APPROVAL AUTHORIZING THE SUPERVISOR TO SIGN THE PERMANENT SEWER EASEMENT AGREEMENT – JANE WADE PROPERTY FOR THE CWSRF PROJECT C8-6433-05-00 INFRASTRUCTURE AND I &I IMPROVEMENTS NEW YORK STATE ROUTE 96 SEWER REPLACEMENT

WHEREAS, on May 22, 2012 (Board Resolution 171-2012) entered into an Agreement with MRB Group P.C., Rochester, NY for Engineering Services for the Design, Bidding, Construction and Submittals for the CWSRF C8- 6433-05-00 Infrastructure and I & I Sanitary Sewer Pump Station Upgrades, and

WHEREAS, on July 9, 2013 (Board Resolution 242-2013) the Town Board authorized the MRB Group PC of Rochester, New York to receive sealed bids to be opened on August 28, 2013 for the replacement of sewer main on Route 96 and the replacement of the Hook Road Lift Statin (PS3).

WHEREAS, a sewer easement is granted to the Town of Farmington on the west side of New York State Route 96 for the public sewer main to be installed and maintained by the Town of Farmington, and

WHEREAS the Grantor, Jane Wade, is the owner of certain premises known as 6179 New York state Route 96 located in the Town of Farmington, Ontario County, New York, bearing tax account parcel number 29.00-1-41.100, hereinafter referred to as the “Premises.”

WHEREAS the Grantee is a municipal corporation which has determined that it is necessary for Town of Farmington purposes to obtain a permanent sanitary sewer easement over a portion of the Premises as more fully described as follows:

All that tract or parcel of land situate in the Town of Farmington, County of Ontario and State of New York commencing at the intersection of the existing easterly highway boundary of Mertensia Road with the existing southerly highway boundary of New York State Route 96; thence southwesterly along the existing easterly highway boundary of Mertensia Road a distance of 2.8 +/- feet to a point at its intersection with the existing southerly bounds of an existing sanitary sewer easement, said point also being the point of beginning. Thence proceeding easterly along the last mentioned existing southerly easement line a distance of 286.6 +/- feet to a point; thence southwesterly through lands of Tax Map Parcel 29.00-1-41.10 a distance of 325 +/- feet to a point at its intersection with the abovementioned existing easterly highway boundary of Mertensia Road; thence northeasterly along the last mentioned easterly highway boundary a distance of 51.1 +/- feet to the point and place of beginning, containing 5,153.01 square feet of land, 0.12 +/- acres, more or less; all as shown in the map prepared by MRB Group dated July, 2013, attached hereto, hereinafter referred to as the “Easement Area”.

NOW, THEREFORE BE IT RESOLVED, that the Farmington Town Board hereby authorizes the Supervisor to sign the Permanent Sanitary Sewer Easement on the property belonging to Jane Wade.