Chambana Sun

Ogden Town Board met June 14.

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

Thomas J. Uschold, Councilman

Board Members Absent:

Malcolm E. Perry, Councilman

Others Present:

Noelle M. Burley, Town Clerk

Dan Schum, Town Attorney

David Widger, Highway Superintendent

Joanne Feeney

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.

II: Approval of the Minutes:

Resolution #174-6.14.17-

Introduced by Councilman Feeney

Seconded by Councilman Uschold

Be It Resolved, that the minutes of the Regular Meetings of May 24, 2017, there being no errors or omissions, stand approved as submitted.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

III: Privilege of the Floor:

None

IV: Reports and Remittances from Town Officers:

Resolution #175-6.14.17-

Introduced by Councilman Uschold

Seconded by Councilman Cole

Be It Resolved, that the Reports and Remittances from Town Officers in detail for the month of May 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, Uschold

Nays: None

Absent: Perry

V. Town Audits:

Resolution #176-6.14.17-

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 $ 115,050.81

Part-Town Fund 29,763.41

Highway Fund 264,482.13

Trust & Agency Fund 80.00

Drainage Fund 7,220.10

Water Funds 2,098.45

Sewer Funds 4,790.20

Lighting Funds 9,738.50

Total $ 433,223.30

Prepaid Expenses:

General Fund 87,833.80

Part-Town Fund 7,119.22

Highway Fund 21,598.17

Trust & Agency Fund 153,053.74

Total $269,604.93

Grand Total All Claims: $ 702,828.53

Supervisor Lenhard: We have some money coming from the state, $150,000.00 and it is like pulling teeth to get it. It is on someone’s desk waiting to be signed but it is very frustrating for us because we are spending the money and waiting to be compensated.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

VI. Correspondence Received and Filed:

None

VII. Reports from Town Officers:

Gay H. Lenhard, Supervisor

1. I attended a ribbon cutting ceremony on Sunday, June 4th for Thompson Massage and Therapy. She is located at 409 South Union Street, very nice lady.

2. I met with Marvin DiPilato who is our new part-time Police Officer. He is replacing Todd Baxter. I swore him in on Monday morning and our next meeting we will have a swearing in ceremony for him. He is a retired Sheriff, he has been in Afghanistan, Syria and all those places and now he is itching to do something because he is retired. He seems a like a really nice, smart man. We are lucky to have him.

3. I met with Jeff Adair, who used to be the Supervisor of Wheatland and then became County Legislature President. He retired and called me and said that the County Executive wants him to work for her and some of it has to do with revving up business. He has been out here to talk to me twice and is impressed with our solar directions. I gave him a copy of the paperwork you all have because I think we are ahead of the curve on that. I was pleased with his reaction! He wants to have a business breakfast, once a month and wants us in August, so I will search for businesses to come in and talk about how we can help. I will contact John Shortino with Superior Technologies as well as different businesses to can join the group.

Thomas J. Cole, Councilman-

No report.

David F. Feeney, Councilman-

No report.

Malcolm E. Perry, Councilman-

Absent

Thomas J. Uschold, Councilman-

No report.

David H. Widger, Highway Superintendent-

1. We have been out paving Whittier Road and Turner Drive, surface treating some roads for the County and Chambers Street. We have been busy getting ready to close Whittier Road, it will probably not happen as soon as we want it to. The developer from Mark IV will also be working on the road while it is closed.

Noelle M. Burley, Town Clerk-

1. Last week I attended a Records Management conference in Geneva which was very helpful.

2. We are done taking taxes and we have been busy collecting marriage licenses and passports.

Daniel G. Schum, Town Attorney-

1. We finally got the developer of the Nichols Street Sewer District to give us a petition for a public hearing in July. We are also going to have a public hearing at our next meeting for the two changes to the code, one having to do with signs in commercial districts and the other tower heights both recommending by our Code Enforcement Officer.

2. Finalized an agreement with the County of Monroe concerning Greenwood Park. I will have a copy available for the Supervisor to sign tonight. It requires that the developer post a $10,000 bond in his letter of credit which we are going to take out into our Trust & Agency account to hold if the County wants further improvements to Westside Drive.

3. We have the Salt Storage Bunker award of bid this evening. One thing I mentioned to Noelle, which probably should have been included in the resolution we should have asked for a prevailing wage rate schedule for that job in the event that they have employees. I don’t know that they do or don’t but hopefully they will be able to comply with that.

4. I received this last week and it is on the agenda which is the release of easement for 24 Shelly Lane. Apparently it is a vacant lot that doesn’t need the easement anymore so there is a resolution to release it.

VIII. Unfinished Business:

None

IX. New Business

Resolution #177-6.14.17-

Introduced by Councilman Uschold

Seconded by Councilman Cole

Introductory Law No. 5-2017-

A local law proposing to amend Chapter 157 of the Code of the Town of Ogden (Signs) and Chapter 191 of the Code of the Town of Ogden (Towers and Antennas)

Whereas, the Town Board of the Town of Ogden desires to amend the Town Code of the Town of Ogden with respect to signs in Commercial and Industrial Districts, and to amend the regulations of the Code with respect to the authorized location of Towers providing for wind energy conversion systems; and

Whereas, it is necessary to hold and conduct a Public Hearing to consider the enactment of Introductory Law # 5- 2017;

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

Section I: The Town Board of the Town of Ogden shall hold and conduct a Public Hearing on Introductory Local Law #5-2017, a Local Law proposing to amend Chapters 157 and 191 of the Code of Ogden (Signs and Towers and Antennas) which Public Hearing shall be held and conducted at the Ogden Community Center, 269 Ogden Center Road, Spencerport, NY on the 28th day of June, 2017 at 7:00 p.m. and at which hearing all interested persons shall be heard concerning the subject matter thereof.

Section II: That the complete text of such Local Law is presently on file at the Office of the Town Clerk where it may be examined by all interested persons during normal business hours.

Section III: That the Town Clerk shall give due Notice of such Public Hearing as required by law.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

Resolution #178-6.14.17-

Monroe County Hazardous Mitigation Plan

Introduced by Councilman Feeney

Seconded by Councilman Cole

Whereas, the Town of Ogden, with the assistance from the Monroe County Office of Emergency Management , has gathered information and prepared the Monroe County Hazardous Mitigation Plan; and

Whereas, Monroe County Hazardous Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and

Whereas, the Town of Ogden is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the plan and the actions in the plan via the Monroe County Website (http://www.monroecountyhmp.com) and during a Public Hearing on the plan at a meeting of the Monroe County Legislature on May 9, 2017; and

Whereas, the Town of Ogden has reviewed the plan and affirms that the plan will be updated no less than every five years; and

Now, Therefore Be It Resolved by the Town Board that the Town of Ogden adopts the Monroe County Hazardous

Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions in this plan.

Adopted, the 14th day of June, 2017 at the meeting of the Town of Ogden.

Councilman Cole - Aye

Councilman Feeney - Aye

Councilman Uschold - Aye

Supervisor Lenhard - Aye

Resolution #179-6.14.17-

Introduced by Councilman Uschold

Seconded by Councilman Feeney

At a meeting of the Town Board of the Town of Ogden, Monroe County, New York, held at the Ogden Community Center in the said Town of Ogden, Monroe County, New York, on the 14th day of June, 2017.

Present: Supervisor Gay H. Lenhard

Councilman Thomas J. Cole

Councilman David F. Feeney

Councilman Thomas J. Uschold

In the Matter of the Petition for the extension of an existing sanitary sewer district in the Town of Ogden, Monroe County, New York, to be known as:

Extension #1 to the Nichols Street Sanitary Sewer District

Whereas, a written Petition, dated the 1st day of June, 2017, in due form and containing the required signatures, has been presented to, and filed with, the Town Board of the Town of Ogden, Monroe County, New York, for the extension of a sanitary sewer district in said Town to be bounded and described as follows:

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

Whereas, the maximum amount proposed to be expended for the said improvement, as stated in the said Petition, is to be fully paid for by the Petitioners and at no cost to the Town of Ogden or the district.

Ordered, that a meeting of the Town Board of the Town of Ogden shall be held at the Town Hall in the Town of Ogden, 269 Ogden Center Road, Spencerport, New York, 14559 on the 12th day of July, 2017 at 7:00 p.m. to consider the said petition and to hear all interested persons in the subject thereof concerning the same, and for such other action on the vote of the said Town Board with relation to the said Petition as may be required by law or proper in the premises.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

Resolution #180-6.14.17-

Introduced by Councilman Uschold

Seconded by Councilman Feeney

Whereas, the Town of Ogden and County of Monroe have had certain discussions concerning the development of the Green Wood Park Subdivision within the Town of Ogden, which discussions have related to the development of the subdivision entrance for the extension of Allandale Drive to its intersection with Westside Drive, a County Road; and

Whereas, as a result of such discussions, an Agreement has been drafted by and between the Town of Ogden and the County of Monroe relating to such subdivision entrance and future traffic control devices which may need to be installed in the future;

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

Section I: That the Supervisor be and she hereby is authorized to enter into an Agreement by and between the Town of Ogden and the County of Monroe concerning the development of the Subdivision entrance of Allandale Drive at its intersection with Westside Drive.

Section II: That a copy of this Resolution shall be forwarded to the Town Engineer to confirm that the Town Engineer will include in the Letter of Credit, to be posted by the Developer, the sum of $10,000.00 to assure that development of such traffic control devices, if any needed in the future, relating to this Agreement.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

Resolution #181-6.14.17-

Introduced by Councilman Cole

Seconded by Councilman Feeney

Whereas, there is a need for a part-time Police Officer in the Ogden Police Department due to the resignation of Todd Baxter, and

Whereas, interviews were conducted with qualified applicants, and Marv DiPilato was found to be qualified and desirous of the position and

Whereas, Ogden Police Chief Christopher Mears is requesting the Ogden Town Board to appoint Marv DiPilato as a non- competitive part-time Police Officer with the Ogden Police Department, and

Whereas, the Town Board of the Town of Ogden has reviewed this request.

Now Therefore Be It Resolved that the Town Board of the Town of Ogden does hereby appoint Marv DiPilato as a part- time non-competitive Police Officer with the Ogden Police Department, effective June 12, 2017, at a wage of $25.44 per hour as stipulated in the Ogden Police Club Contract, with a 78 week probationary period.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

Resolution #182-6.14.17-

Introduced by Councilman Feeney

Seconded by Councilman Cole

Whereas, the Town Board of the Town of Ogden did heretofore adopt a Resolution calling for the furnishing of public bids for a Highway Salt Bunker Building in accordance with the plans and specifications then on file in the Town Clerk’s Office; and

Whereas, all bids so received were publicly open and read aloud; and

Whereas, the bid of Park Lane Construction in the amount of $258,404.00 was the lowest responsible bid meeting all plans and specifications and the Town Board is desirous of awarding such bid;

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

Section I: That the Town Board of the Town of Ogden does hereby award to Park Lane Construction the bid for the furnishing of one new Highway Salt Bunker in accordance with the plans and specifications and a total bid price of $258,404.00.

Section II: That Park Lane Construction is authorized to proceed with the work upon filing with the Town Clerk of the following:

a) Certificates of Insurance naming the Town of Ogden as an additional insured as its interest may appear;

b) A Certificate of Insurance confirming Worker’s Compensation insurance in place for all employees of Park Lane Construction and naming the Town of Ogden as an additional insured as its interest may appear;

c) A Performance and Payment Bond covering the full costs of the bid award in form and content acceptable to the Town of Ogden; and

d) Confirmation in writing to Park Lane Construction that it will comply, at all times, with the prevailing wage rates presently in effect for the performance of such work in this region, as established by the State of New York.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

Resolution #183-6.14.17-

Resolution To Release A Drainage Easement

Introduced by Councilman Uschold

Seconded by Councilman Cole

At a meeting of the Town Board of the Town of Ogden, Monroe County, New York held at the Town Hall in the said Town of Ogden, County of Monroe, State of New York on the 14th day of June, 2017.

Whereas, Michael Fischer, (the “Applicant”) is the owner of property located at 24 Shelly Lane, in the Canal Path Subdivision, Section Two, in the Town of Ogden, New York (“the Property”); and

Whereas, the Applicant has applied to the Town Board for a release of easement for that drainage easement owned by the Town of Ogden that is located across & under the Property se forth in the Drainage And Storm Water Easement dated May 21, 2010 and recorded in the Monroe County Clerk’s Office on August 2, 2010 in Liber 10907 of Deeds at Page 468;

Now, Therefore Be It Resolved, subject to a permissive referendum, that upon approval of the Superintendent of Highways, the Building Inspector, and Attorney for the Town Board of the Town of Ogden, the Town of Ogden shall release to the above named applicant that Town’s Drainage easement located across & under the Property; and

Be It Further Resolved, that the Supervisor of the Town of Ogden, is hereby authorized and directed to execute, on behalf of the Town of Ogden, all necessary documents in furtherance of this resolution relating to the Property after the release of easement has been approved by the Superintendent of Highways, the Building Inspector, and the Attorney for the Town Board; and

Be It Further Resolved, that the applicant shall pay to the Ogden Town Clerk all costs incurred or to be incurred by the Town in this mater including, but not limited to: engineering review costs (if an engineering review is deemed necessary by the Superintendent of Highways) legal review costs, publication costs and recording fees; and

Be It Further Resolved, that within (10) days hereof the Town Clerk shall publish and post a notice of the adoption of this resolution of this resolution, and an abstract thereof, as required by law.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None Absent: Perry

X. Adjournment

Resolution #184-6.14.17-

Introduced by Councilman Cole

Seconded by Councilman Feeney

Resolved, that the Regular Meeting of the Town Board of the Town of Ogden be and hereby is adjourned to Work Session at 7:14 p.m., at which time the public was invited to attend, and hereby is adjourned at 7:28 p.m.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Uschold

Nays: None

Absent: Perry

http://www.ecode360.com/documents/OG0089/public/375931184.pdf