Chambana Sun

Ogden Town Board met July 12.

Here is the minutes provided by the Board:

Pledge of Allegiance:

I: Call to Order: (7:00 p.m.)

Board Members Present:

Gay H. Lenhard, Supervisor

Thomas J. Cole, Councilman

David F. Feeney, Councilman

Malcolm E. Perry, Councilman

Thomas J. Uschold, Councilman

Others Present:

Noelle M. Burley, Town Clerk

David Widger, Highway Superintendent

Joanne Feeney

Michael Zale

Jeremy Wassel

Purpose of the Meeting:

To audit claims, act on monthly reports and remittances, and to transact such other business which may legally come before said meeting

7:00 – Public Hearing: Establishing Extension #1 to the Nichols Street Sanitary Sewer District

Noelle Burley, Town Clerk: Read the Legal Notice.

Supervisor Lenhard: Is there anyone here that would like to talk about this issue or have concerns?

Dan Schum, Town Attorney: We have a young gentleman in the audience who is here on behalf of the engineers. Thank you for coming. Obviously there is not a lot of public interest for or against the petition. The Board has found that the petition is proper. I did speak with the Village of Spencerport Attorney and did confirm with the Village that the present proposal is to service the only structure in the district with a septic system but that the balance of the development of the project would be subject to an agreement with the sewer provider which would be the Village of Spencerport to treat the sewage from that district. Thanks again for coming.

Supervisor Lenhard: If no one else would like to speak I will close the public hearing.

II: Approval of the Minutes:

Resolution #194-7.12.17-

Introduced by Councilman Uschold

Seconded by Councilman Feeney

Be It Resolved, that the minutes of the Regular Meetings of June 28, 2017, there being no errors or omissions, stand approved as submitted.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

III: Privilege of the Floor:

Mike Zale: I wanted to congratulate you all, this sewer line going to Nichol Street is a big economic development and it is something that needs to be done. I am excited for the future and you all did it without cost to our taxpayers. I also wanted to say that I had a great meeting today with Jenny Rae Brongo with Homesteads for Hope and one of the things that we spoke about has to do with the railroad. It used to be CSX and now the County owns it now and the County does not want her utilizing it. She is trying to make it a parking lot. I am working and have been working with her for months trying to put together a plan that helps her out. I know that she will be coming in front of this board to secure a few things for some of the buildings that she has. Her designs and plans as you know are phenomenal, it is just nice to see them going the right way. There is someone who has donated a lot of money and an individual to help with marketing who I met today as well and she seems like a lovely woman who is going to do a lot of good for them. The only other thing is I wanted to say thank you to everyone who participated in the meeting downtown for the shared service agenda that the Governor has. I just spoke with the County Executive about it yesterday, she said it was a great meeting and that there is another one scheduled. That is pretty much it.

Councilman Feeney: How is the zoo coming along?

Mike Zale: It is a pretty major project. I am excited for it to be underway. The Africa Exhibit that they have they used the stamped patio which if anyone has a child in stroller they know that it shakes the baby pretty bad so I am hoping they don’t do that this time but they are doing a good job getting that going. It is going to be a multi-year project but it looks like it is going to be nice.

Supervisor Lenhard: The airport is a multi-year project as well right?

Mike Zale: It is and they have started to break ground on a couple different portions and they will continue to do that. There is a lot to it and what they are trying to do is do it in a way that doesn’t close down any portions of the airport. It may take longer but we don’t want to inconvenience people. They are also working on the cell phone lot. Everything is going to be color coded so it is easier for people to see where they need to go. The work they are doing will also make for more direct flights out of Rochester which will bring more traffic to us instead of Buffalo.

Supervisor Lenhard: Cheryl did a very good job of presenting this to us at our Chamber function. I am in charge of getting something for October and I was talking to her about it and she invited me to the airport which I thought was very nice.

Mike Zale: She speaks very highly of you so that is excellent. Thank you!

IV: Reports and Remittances from Town Officers:

Resolution #195-7.12.17-

Introduced by Councilman Uschold

Seconded by Councilman Perry

Be It Resolved, that the Reports and Remittances from Town Officers in detail for the month of June 2017, showing receipts and disbursements as submitted by the Town Clerk and the Finance Director, be accepted as read, monies and fees to be acknowledged by the Supervisor and copies of the same filed with the Town Clerk.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

V. Town Audits:

Resolution #196-7.12.17-

Introduced by Councilman Cole Seconded by Councilman Feeney

Be It Resolved, that the General Fund, Part-Town Fund, Highway Fund, Trust & Agency Fund, Capital Funds, Drainage Fund, Sewer District Funds, and Lighting District Funds and being vouchered and submitted for audit, chargeable to the respective funds be approved:

General Fund $ 33,076.23

Part-Town Fund 16,723.64

Highway Fund 469,743.81

Trust & Agency Fund 13.15

Drainage Fund 140.00

Sewer Funds 244.84

Lighting Funds 8,072.49

Total $ 528,014.16

Prepaid Expenses:

General Fund 94,624.49

Part-Town Fund 7,059.68

Highway Fund 35,842.92

Trust & Agency Fund 153,699.77

Total $291,226.86

Grand Total All Claims: $ 819,241.02

Be It Resolved, that the following budget appropriations and transfers be approved as itemized below:

Amount to be Appropriated; To Account; Account Description; Explanation for Appropriation:

$3,100; 001.0001.2680; Insurance Recovery; Sign replacement on Route 531 destroyed by wind storm on 3/8/2017 (additional insurance recovery amount)

$3,100; 001.1620.4200; Repairs / Maintenance;

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

VI. Correspondence Received and Filed:

None

VII. Reports from Town Officers:

Gay H. Lenhard, Supervisor

1. I participated in the Corporate Challenge yesterday. There were 11 of us, it was supposed to rain but it didn’t. It was really hot and I am very proud of Tony Mattia for organizing this since spring. We found out it was no longer going to be held at RIT but at the Red Wings Stadium instead. Andrea and Marcia picked out shirts for us to wear that say we are from the Town of Ogden, we really had a very good time.

2. Paula and I are working on the possibilities on what we can do to satisfy the government as far as saving money. I went to a meeting 2-3 weeks ago with the County Executive and we agreed to present what we could do. The things that we came up with are not legitimate in the government’s eyes. We are still brainstorming some ways to make them happy.

Thomas J. Cole, Councilman-

No report.

David F. Feeney, Councilman-

No report.

Malcolm E. Perry, Councilman-

No report.

Thomas J. Uschold, Councilman-

No report.

David H. Widger, Highway Superintendent-

1. I just want to tell you we have been busy on the road work. As you can see the amount of money we have been spending on asphalt but Whittier Road, south of Buffalo Road and Westside Drive will be closed as of Monday for a month. There is a lot of construction going on down there and we are working on various spots of Canal Road, Ogden Center Road, Manitou Road, we have several projects going on.

2. We are going to start work on the new Salt Bunker next week. We are looking to have it up in three weeks.

Noelle M. Burley, Town Clerk-

No report.

Daniel G. Schum, Town Attorney-

1. Finished up a Storm Water Control Facility Maintenance agreement with Advantech and that was approved and reviewed by Keith O’Toole then signed and sent back to the developers Attorney for recording.

2. We have the Nichols Street Sewer District tonight for approval.

3. I am looking at an intermunicpal agreement for Ambulance Services and Noelle was nice enough to go back and look up the previous agreement. The issue that I am looking to address is the proposal came from the Gates Volunteer Ambulance Service and they now have taken over Spencerport and the agreement proposes to furnish services to part of Parma, part of Ogden, the Village of Spencerport and the issue we are having are that the provisions of the town law provide that if you enter into an agreement for that service it must cover all of the town. The entire town is not within their jurisdiction. We have some parts of it that are covered by the southwest, in any event I pulled the old file and we are going to try to get it in shape to do something next month if possible.

VIII. Unfinished Business:

None

IX. New Business

Resolution #197-7.12.17-

Introduced by Councilman Cole

Seconded by Councilman Feeney

Whereas, Tracy Mahoney holds the provisional title of full- time Office Clerk I, and

Whereas, Tracy Mahoney has taken and passed the appropriate promotional Civil Service Exam and is reachable,

Now, Therefore Be It Resolved that the Town Board does hereby appoint Tracy Mahoney as a full-time permanent Office Clerk I in the Ogden Police Department effective July 12, 2017, with a 26- week probationary period.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #198-7.12.17-

Introduced by Councilman Feeney

Seconded by Councilman Uschold

Resolved, that the Supervisor is hereby authorized and directed to sign a contract between the Town of Ogden and the Spencerport Central School District with offices at 71 Lyell Avenue, Spencerport, NY, 14559, for permission and authorization to use the School District’s property located at 2749 Spencerport Road, Spencerport, New York to hold the fireworks display to take place on July 29th, 2017 for the Town of Ogden’s Bi-Centennial Celebration. All permits and insurances have been received and are in place.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #199-7.12.17-

Introduced by Councilman Perry

Seconded by Councilman Uschold

Resolved, that the Supervisor is hereby authorized and directed to sign a contract between the Town of Ogden and Young Explosives with offices at 2165 New Michigan Road, Canandaigua, NY 14424, for the fireworks display to take place on July 29th, 2017 for the Town of Ogden’s Bi-Centennial Celebration. Said contract is in an amount not to exceed $10,000. The fireworks display will be held at the Spencerport Central School District property located at 2749 Spencerport Road, Spencerport, New York. All permits and insurances have been received and are in place.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #200-7.12.17-

Negative Declaration Of Environmental Significance

Introduced by Councilman Uschold

Seconded by Councilman Cole

Whereas, the Town Board of the Town of Ogden has proposed to establish extension #1 to the Nichols Street Sanitary Sewer District; and

Whereas, prior to the formation of such District, the Town Board must determine the environmental significance, if any, of the proposed action; and

Whereas, upon a review of Type II Actions, actions deemed not to have any significant adverse environmental impact, it appears that the extension of Sanitary Sewer Distribution Facilities to render service in approved realty subdivisions is an action deemed not to have any significant effect upon the environment;

Now, Therefore, Be It Resolved by the Town Board of the Town of Ogden, Monroe County, New York, as follows:

Section I: That by the adoption of this Resolution the Town Board does Find and Determine that the formation of Extension #1 to the Nichols Street Sanitary Sewer District, is a Type II Action, an action deemed not to have any adverse environmental impacts.

Section II: That the formation of Extension #1 to the Nichols Street Sanitary Sewer District may proceed without further regard to the provisions of SEQR.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #201-7.12.17-

Introduced by Councilman Uschold

Seconded by Councilman Perry

Resolution And Final Order Establishing Extension #1 To The Nichols Street Sanitary Sewer District:

In the Matter of the Petition for the formation of the Extension #1 to the Nichols Street Sanitary Sewer District in the Town of Ogden, Monroe County, New York.

Whereas, a written Petition in this matter, dated June 1, 2017, for the establishment of District having been duly presented to the Town Board, together with the necessary map and plan attached thereto, and an Order having been adopted by the Town Board on June 14, 2017, calling for a hearing of all interested persons in the matter on July 12, 2017 at 7:00 p.m. at the Ogden Community Center, and due notice of said hearing having been given by publication and posting, and a hearing by the said Board having been duly held at 7:00 p.m. on July 12, 2017 at the Ogden Community Center, 269 Ogden Center Road, Spencerport, New York, Town of Ogden, and it being duly

Found, Ordered and Determined, that (1) Petition herein was signed and acknowledged or proved as required by law and otherwise sufficient; (2) that all property and property owners within the proposed district were benefited thereby; (3) that all property and property owners benefited were included within the limits of the proposed District; and (4) that it is in the public interest to grant in whole the relief sought, and it is further duly

Resolved, Ordered and Determined, that the establishment of such District, as proposed, be approved and application to the State Department of Audit and Control are not being required because all costs are to be paid for by the Petitioner, it is hereby

Ordered, that a Sewer District be established in the said Town of Ogden, Monroe County, New York, to be designated as the Extension #1 to the Nichols Street Sanitary Sewer District and to be of the following description and boundaries, to wit:

All that piece or parcel of land situate in the Town of Ogden, County of Monroe and the State of New York, bounded and described as follows:

Beginning at a point located at the intersection formed by the south line of Nichols Street (N.Y.S. Route 31) with the easterly line of Union Street; thence from said point of beginning and along the aforesaid southerly line of Nichols Street, the following ten courses: 1) North 72°08'59" East, 61.85 feet to a point; 2) South 80°50'16" East, 314.00 feet to a point; 3) North 88°27'20" East, 482.18 feet to a point; 4) North 80°02'07" East, 252.72 feet to a point; 5) South 88°37'58" East, 596.95 feet to a point; 6) South 89°04'49" East, 651.25 feet to a point; 7) South 60°35'05" East, 39.82 feet to a point; 8) South 89°04'49" East, 75.00 feet to a point; 9) North 75°44'02" East, 72.53 feet to a point and 10)South 89°04'49" East, 338.41 feet to the lands of Lifetime Assistance Inc. (Book 7695, Page 32); thence continuing along said Nichols Street, 300 feet more or less to a point; thence along the aforesaid lands of Lifetime Assistance, Inc, the following five distances: 1) 305 feet more or less to a point; 2) 163.7 feet more or less to a point; 3) 30.2 feet more or less to a point; 4) 99.6 feet more or less to a point; and 5) 73 feet more or less to a point; thence in a southerly direction and along the easterly line of the lands now or formerly of Wegmans Food Markets Inc., South 00°29'36" West, 730 feet more or less to a point; thence in a westerly direction and along New York State Route 531, the following four courses: 1)North 89°00'05" West, 1190.24 feet to a point ; 2) North 88°37'59" West, 1223.69 feet to a point; 4) North 77°08'37" West, 454.63 feet to a point and 5) North 38°53'05" West, 39.83 feet to a point; thence in a northerly direction and along the aforesaid easterly line of Union Street, the following three courses: 1) North 02°17'25" East, 250.20 feet to a point; 2) North 02°09'11" East, 266.19 feet to a point and 3) North 00°00'00" East, 237.00 feet to the point or place of beginning.

Containing in all 60 acres of land being more or less

Ordered, that within ten (10) days of enactment of this Order by the Town Board of the Town of Ogden, a copy of this Order shall be recorded in the Monroe County Clerk’s office and a copy shall be filed with the Department of Audit and Control pursuant to Section 195 of the Town Law.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

X. Adjournment

Resolution #202-7.12.17-

Introduced by Councilman Uschold

Seconded by Councilman Feeney

Resolved, that the Regular Meeting of the Town Board of the Town of Ogden be and hereby is adjourned at 7:19 p.m.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

http://www.ecode360.com/documents/OG0089/public/384750346.pdf