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Resolution No.

________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RE: FARMINGTON TOWN BOARD RESOLUTION ACCEPTING PART II OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM AND MAKING A DETERMINATION OF NON-SIGNIFICANCE UPON THE ACTION OF DRAFT LOCAL LAW #2 OF 2013. WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received Part II of the Short Environmental Assessment Form on the above referenced Local Law #2 of 2013 (hereinafter referred to as Action), which is hereby made an attachment to this resolution; and WHEREAS, the Action involves the addition of definitions, the rezoning of 13 different parcels of land, the amendment of a special use permit use in the LI Limited Industrial District and the amendment to exempt from planning board review additions or structural alterations that are less than 1,000 square feet of ground coverage; and WHEREAS, the Town Board, prior to acting upon the Action 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. NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby accepts the Part II of the Short Environmental Assessment Form that has been completed by the Town Director of Planning & Development, and is dated February 1, 2013. 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 Parts I and II of the Full Environmental Assessment Form.

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; there are no known Critical Environmental Area(s) on the site which will be impaired as the result of the proposed action; the overall density of the site is consistent with the Towns Comprehensive Plan land use recommendations; there are no known important historical, archeological, architectural, or aesthetic resources on the site, or will the proposed action impair the existing community or neighborhood character; there will not be a major change in the use of either the quantity or type of energy resulting from the proposed action; there will not be any hazard created to human health; 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; 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; there will not be created a material demand for other actions that would result in one of the above consequences; 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 there are not two or more related actions which would have a significant impact on the environment.

(iii) (iv) (v)

(vi) (vii) (viii) (ix) (x) (xi) (xii)

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 FINALLY RESOLVED that the Town Board does hereby make a Determination of NonSignificance upon said Action and directs the Town Supervisor to sign and date Part II of the Short 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 Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RE: Adoption of Local Law #2 of 2013, effecting the rezoning lands located within the Centerpointe Park North Tract, Lots #1 through #8, changing the zoning from PD Planned Development to LI Limited Industrial on the Towns Official Zoning Map; other amendments to the Towns Official Zoning Map; amendments to the Definition of Terms; and an amendment to the LI Limited Industrial District Regulations in Chapter 165 of the Town Code.
WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received a report and recommendation from the Farmington Town Planning Board (hereinafter referred to as Planning Board) dated January 2, 2013 on the above referenced Local Law #2 of 2013 (hereinafter referred to as Action); and WHEREAS, the Town Board has reviewed said Planning Board report and recommendations, received a recommendation of approval from the Ontario County Planning Board in their referrals # 2013-0026 and #2013-0027, dated February 13, 2013 upon said Action; and WHEREAS, the Town Board has conducted a public hearing upon said Action at tonights meeting; and WHEREAS, the Town Board has given consideration to the comment made and entered into the public record established upon said Action. NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby adopts Local Law #2 of 2013 in its entirety. BE IT FURTHER RESOLVED that the Town Clerk is directed to complete the certification page of said Local Law and to forward the final adopted version of said Local Law to the Town Attorney for certification and filing with the New York State Department of State.

BE IT FURTHER RESOLVED that the Town Clerk, upon receipt of the filing of said Local Law #2 of 2013 with the Secretary of State, is directed to make the amendments to the Towns Official Zoning Map and to provide certified copies of said amended map to all Town Departments and make it available for public review, inspection and purchase. BE IT FURTHER RESOLVED that the Town Clerk is hereby directed to post the amended Official Zoning Map on the Towns Website. BE IT FINALLY RESOLVED that the Town Clerk is hereby directed to provide notice of the adopted local law to General Code Publishers for amending the Town Code Books.

C: Centerpointe North Rezoning File. TB Res Adopting Local Law #2 of 2013.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RE: Continuation of the Public Hearing on Local Law #3 of 2013 to March 26, 2013 and Scheduling a Town Board Workshop for Thursday evening, February 28, 2013 at 7:00 p.m., in the Town Hall.
WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has opened a public hearing upon the above referenced Local Law #3 of 2013 (hereinafter referred to as Action); and WHEREAS, the Town Board has reviewed the Town Planning Board report and recommendations and has received a recommendation of approval from the Ontario County Planning Board in their referral # 2013-0028, dated February 13, 2013 upon said Action; and WHEREAS, the Town Board has conducted a public hearing upon said Action at tonights meeting; and WHEREAS, the Town Board has given consideration to the comment made and entered into the public record established upon said Action. NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby move to continue the public hearing to Tuesday, March 26, 2013, at 7:00 p.m., Eastern Daylight Savings Time. BE IT FURTHER RESOLVED that the Town Board does hereby schedule a workshop to be held upon the proposed incentive rezoning, for Thursday evening, February 28, 2013, commencing at 7:00 p.m., in the Main Meeting Room, at the Farmington Town Hall, 1000 County Road 8. BE IT FINALLY RESOLVED that the Town Clerk is to provide notice of this workshop meeting to the Towns Official Newspaper, post notice thereof on the Town Hall Bulletin Board and on the Towns Website.
C: Centerpointe North Rezoning File. TB Res Adopting Local Law #2 of 2013.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RESOLUTION AUTHORIZING A BUDGET AMENDMENT FOR THE GENERAL FUND IN THE AMOUNT OF $17.65 NOW THEREFORE BE IT RESOLVED that the Town Board hereby authorizes a budget amendment for the General Fund in the following amount: FROM: TO: A1990.4 Contingency Account $17.65

A1950.4 Taxes & Assessments on Property $17.65

AND BE IT FINALLY RESOLVED that the Town Clerk provides copies of this resolution to the Bookkeeper.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RESOLUTION AUTHORIZING THE REVISION OF THE WHOLESALE WATER RATES FOR 2013 WHEREAS, on January 2, 2013 at the Town of Farmingtons Organizational Meeting, the Farmington Town Board adopted Water Rates for the Canandaigua-Farmington Water Districts and extensions thereof, and WHEREAS, the City of Canandaigua had projected the wholesale rate for 2013 would increase by approximately 3 % over the 2012 rate. WHEREAS, the City of Canandaigua has revised their Wholesale Water Rate for water purchased in a letter dated February 11, 2013, from a projected rate of $1.99 per thousand gallons to $1.96 per thousand gallons, and WHEREAS, pursuant to Inter Municipal Water Sales agreements between CanandaiguaFarmington Water District and other Towns the District supplies water must also be revised (see attached schedule). NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Farmington acting on behalf of the Canandaigua-Farmington Water District hereby revises the Wholesale Rate and establishes the updated Water Rates per the attached Rate Schedule for 2013 effective the first billing quarter of 2013. BE IT FURTHER RESOLVED, that all Rates shall be in effect for 2013-2014 subject to any rate increase from the City of Canandaigua and shall be on file with the Town Clerks office.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RESOLUTION AUTHORIZING THE SUPERVISOR TO SIGN THE WHOLESALE SUPPLY AGREEMENT WITH THE MONROE COUNTY WATER AUTHORITY WHEREAS the Town of Farmington wishes to enter into an agreement with the Monroe County Water Authority in order to provide water to existing customers in the Farmington Water District, in the Cline Road area, and WHEREAS, the Town had a previous agreement with the Town of Victor for water services, and Victor has converted its water system to the Monroe County Water Authority, therefore this agreement will provide continuity of service for the Cline Road property owners, NOW THEREFORE BE IT RESOLVED that the Town Board hereby authorizes the Supervisor to sign the attached agreement with the Monroe County Water Authority to provide water to property owners in the Cline Road area, and be it FINALLY RESOLVED that the Town Clerk provide copies of this resolution to the Water and Sewer Department.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RESOLUTION CALLING FOR THE REPEAL OF THE NY SECURE AMMUNITION AND FIREARMS ENFORCEMENT ACT OF 2013 Whereas, the New York State Legislature recently enacted and Governor Cuomo signed into law the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT); and Whereas, This Legislation is viewed by many residents of New York State and the Town of Farmington as being extremely controversial as those residents view this legislation as infringing upon their rights guaranteed to them under the Second Amendment of the United States Constitution; and Whereas, Each and every issue that comes before the NY State Legislature before an enactment deserves a fair and open discussion which incorporates all points of view expressed during that discussion and benefits all citizens of this state; and Whereas, The NY SAFE ACT was adopted after minimal public discussion, contains serious flaws, i.e., police officers are not exempt, and having been on the desks of the members of the legislature for only a few hours, thereafter was literally adopted in the night and signed into law by Governor Andrew Cuomo; and Whereas, In 2011 amendments were made to the Open Meetings Law (Public Officers Law Section 103), requiring a public body prior to a meeting post on its website, to the extent practicable, for public benefit all records that may be considered or discussed at that meeting; and Whereas, A.107 has been pre-filed before the NY State Assembly for the 2013 2014 Regular Session to amend the Public Officers Law ( Sections 84 and 90) in relation to publishing records of public interest by agencies and the state legislature, reading in part The peoples right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society, Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality; and Whereas the State of New York has a tradition and long history of conducting its deliberations and debates in the public view and that in the enactment of the NY SAFE ACT the Legislature and the Governor acted in contradiction of this long, time honored tradition of an open government; and

Whereas, the Town Board of the Town of Farmington New York wishes to express its concern that any future legislation which addresses the ownership of guns and the sale of ammunition in our state be conducted only after an open debate pursuant to which the public is allowed to participate and express their views; and Resolved, that the Town Board of the Town of Farmington New York joins other levels of government in New York State in calling for the repeal of the New York SAFE ACT; and be it further Resolved, that certified copies of this resolution be sent by the Farmington Town Clerk to Governor Andrew Cuomo, Assemblyman Brian M. Kolb, Senator Michael F. Nozzolio and the NYS Association of Towns.

Resolution No. ________ of 2013

THE TOWN OF FARMINGTON TOWN BOARD


Roll Call Vote
Names Supervisor The following was presented By__________________________________ Secd by _____________________________ Date of Adoption: February 26, 2013 Ayes Nays Abstain Absent

Mr. Fafinski
Councilman

Mr. Ingalsbe
Councilman

Mr. Mickelsen
Councilman

Dr. Casale
Councilman

Mr. Holtz
Total

RESOLUTION RULING THAT THE WATER BILL OWED BY THE OWNERS OF 1440 FRASER WAY MUST BE PAID BY 8 AM MARCH 6, 2013 FOLLOWING AN INVESTIGATION INTO REPORTS OF A FAULTY METER WHEREAS on November 29, 2012 the Farmington Water and Sewer Department read the water meter for #1440 Frasier Way for the 4th Quarter Billing Cycle and the reading was recorded as 812,000 gallons for a 4th Quarter, with total water usage of 98,000 gallons, and WHEREAS, the Water and Sewer bill in the amount of $75 for one sewer unit and $403.40 for water usage was mailed to 1440 Fraser way for payment due on January 31, 2013 and effective February 1, 2013, a 10 percent penalty was added in the amount of $40.34 for water usage and $7.50 for sewer with a total due in the amount of $526.24, and WHEREAS, on January 25, 2013 the Water and Sewer Department received a service order request to check the existing water meter located at 1440 Frasier Way as the 4th Quarter water reading showed usage of 98,000 gallons of water, and WHEREAS, the meter reader performed a leak detection test and found water was flowing through the meter. He further inspected the water meter #29391831 and reported to that the meter was operating properly. The homeowner reported problems with the installation of a humidifier unit and it was stated that the humidifier on the furnace had been turned off. The meter reader noticed the basement flooring had been torn up for unknown reasons. The homeowner was advised to check the toilets for any leaks, and WHEREAS, the homeowner of 1440 Frasier Way on January 28, 2013 (Sean Adams) told the Water and Sewer Superintendent he had a plumber at the residence to shut off all possible water usages including the outside hose bibs, and

WHEREAS, a verbal agreement was made that the Farmington Water and Sewer Department, would schedule a date at the homeowners convenience to replace the existing water meter with a new water meter and, WHEREAS, by letter of January 28, 2013, the Farmington Water and Sewer Superintendent informed the owner of 1440 Frasier Way the old water meter would be back to the Water Meter Repair Shop and would be disassembled and tested for accuracy. And, in the event that the old meter was found to be working properly, and in accordance with the Fee Schedule, Mr. Adams would be charged a cost of $200.00 for the water meter replacement, which will be charged on the next quarterly bill, and WHEREAS, on January 31, 2013, the homeowner acknowledge receipt of the letter and agreed to the water meter replacement and asked if it could be done prior to reinstallation of the wooden basement floor that had previously buckled by the bar area near the water meter, and WHEREAS, on February 1, 2013 at 8:15 AM the meter was removed by the Farmington Water and Sewer Department and a new Badger meter was installed and the old meter was tested. The old meter showed 100% accuracy on low flow; 101% accuracy on meter flow and 100% accuracy on high flow for an overall accuracy of 100.3%, and WHEREAS, an outside agency also tested the Badger meter and the results of low flow, defined as 0.50 gallon per minute, was 98.6% accurate; the results of the intermediate flow, defined as 3 gallons per minute, was 101.7%; and the results of high flow, defined as 25 gallons per minute, was 98.9% for an overall accuracy of 99.73%, and WHEREAS, on February 8, 2013 a Shut-Off Notice was sent to 1440 Frasier Way stating that payments must be received by 8 a.m. March 6, 2013 or service would be disconnected, and on February 15, 2013, the Farmington Water and Sewer Department, at the request of the Town Board, conducted a follow up leak detection test on the newly installed meter. The Water and Sewer Superintendent and employee Tom Simonds observed a measurable amount of water flowing through the newly installed water meter at this residence. Mr. Degear and Mr. Simonds waited to see if the meter stopped or slowed, which it did, but only briefly, and WHEREAS, the Water and Sewer Superintendent, during the test, saw new drywall at the bottom 4 of the basement wall and the newly installed wooden floor in the basement, and when asked about the new wood planked floor, Mr. Adams explained the old floor had buckled in an area near the basement bar because of a problem with the sump-pump. It was also observed that the outside water hose bib was connected to a plastic waterline near the bottom of the basement stairs. Therefore, the Water and Sewer Superintendent has concluded that reasons for the large water usage during the 4th Quarter could be related to one of the following problems: The humidifier to the furnace most likely was plumbed to discharge into the basement sump pump. If a large water flow from a poorly installed humidifier had been discharging water into the sump pump, over time, the sump pump may have burned out and flooded the basement.

The outside garden hose may have broken and water had seeped into the basement and caused the flooding especially if the volume was great and had overcome the sump pump. The in-ground outside pool could have been drained and refilled during this period.

NOW THEREFORE BE IT RESOLVED, that following a thorough investigation by the Water and Sewer Department that included on-site inspection and testing of the water meter at 1440 Fraser Way and resulted in the findings that the meter was monitoring water usage accurately, the Town Board hereby rules that the property owners of 1440 Fraser Way must pay their water bill in a timely fashion, by the normally stated due date of 8 a.m. March 6, 2013, or face penalties including shut-off of water service, and be it FINALLY RESOLVED that the Town Clerk provide a copy of this resolution to the Water and Sewer Department and mail a Certified Copy to 1440 Fraser Way.