Chambana Sun

Ogden Town Board met May 24.

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

Dan Schum, Town Attorney

Frank Rakoski

Dan & Teresa Fletcher

3 Participation in Government students

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 #167-5.24.17-

Introduced by Councilman Uschold

Seconded by Councilman Feeney

Be It Resolved, that the minutes of the Regular Meetings of May 10, 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:

None

IV: Reports and Remittances from Town Officers:

None

V. Town Audits:

Resolution #168-5.24.17-

Introduced by Councilman Feeney

Seconded by Councilman Cole

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:

$ 5,313.00; 001.0001.3389; Public Safety Grants; Appropriate the DCJS PPEP grant (through Monroe County) in the amount of $5,313 for Police Officer’s Body Armor/vests for the Police Department

$ 5,313.00; 001.3120.4610; Police Uniforms;

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. Tom Cole and I are going tomorrow morning to the Emergency Management Training Program. We will understand what to do when we have a major emergency. This will occur in the Public Safety building on Scottsville Road.

2. Our County Executive, Cheryl Dinolfo came to our Chamber meeting this past week for a luncheon and she was very impressive. She spoke for over an hour and she was very interesting. She brought big pictures of the airport and what they want it to look like, what new amenities could be that would be great for travelers. They are also going to try to make the Cell Phone lot more convenient. There are a ton of things she has been working on. She is very job oriented and a huge advocate for finding jobs for residents in the community. She was excellent and very charming!

3. I attended an Eagle Scout Award ceremony on Saturday for the young man that built a swinging bench back here where the kids play. Beautiful work and he was a nice young man.

4. Cameras are almost all in. We have a few more places we need to put them but most of them are up for now. We try to be strategic with where we place them, but the process is going well.

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-

Absent.

Noelle M. Burley, Town Clerk-

1. We have been very busy with passports and collecting late payments for taxes.

Daniel G. Schum, Town Attorney-

1. Met with Patrick and finished up today two amendments to the Town Code to do with cell tower heights that have wind energy facilities on top of them. It was recommended that we make the code more legitimate. Also the signage in commercial and industrial zones, those will be available for the next meeting to schedule a public hearing for the following meetings.

2. Still trying to finish up a hot topic in the Building Department which is the construction going on at the corner and I still don’t have any intention from the developer extending the sewer district so at some point and time we are going to have to put their feet to the fire in order to make sure that they do what they are supposed to do. Patrick actually tried to put their feet to the fire today because there are shovels in the ground and it was for the first time today at the pre-construction meeting the contractor on site realized that they are supposed to put in a sewer system and he wasn’t aware of that. There is a communication problem that Patrick is on top of and I commend him for that.

Supervisor Lenhard: It is so difficult for Patrick he is really trying. I got a call from Bill Pallidina asking what the holdup is and I told him everyone is waiting on him and his people. I told him to contact his Engineer to get things going and he said he would get right on it. This has been going on for at least two years.

Councilman Perry: Is there a way to put a stop order on that?

Dan Schum, Town Attorney: They are responsive once you press them.

Councilman Uschold: It seems we talked about an issue relative to the height of a utility pole and having cell towers put on top of them and they extended it an extra 20 feet or something. We were going to do something with that, what is the status?

Dan Schum, Town Attorney: In the last two weeks I go a memo that Gay sent me from the county indicating what their new pole policy was for heights. It really has to do with County roads so it is out of our control because they are talking about poles put in the right of way of county roads. The FCC has had a very specific regulatory scheme for additions to existing or new poles. There is a thirty day turn around for all approvals at a municipal level. There is very little that we can do to control the height of towers on top of telephone or utility poles. I have all the information and I will download it and send it to everyone. The FCC has said that these are unobtrusive necessities to in fill especially in Downtown Rochester where there are dead spots. When I went to the attorney seminar a few months ago this was a hot topic of discussion and the end light is that the FCC has very stringent short term turnaround policies for municipalities not to approve them. I will send everyone the information.

VIII. Unfinished Business:

None

IX. New Business

Resolution #169-5.24.17-

Introduced by Councilman Uschold

Seconded by Councilman Perry

Whereas, L.L. Huff Co. Inc., with a place of business at 4108 Canal Road, Spencerport, NY 14559, has applied to the Ogden Town Board to renew its license to excavate and remove earth, sand, gravel and similar material; and

Whereas, the Town Board of the Town of Ogden has reviewed Mr. Huff’s application, dated May 11, 1998, to mine one (1)acre of land for a period of one year commencing on May 14, 1998 and expiring on May 13, 1999, and is now desirous of extending this license through May 13, 2018; and

Whereas, Mr. Huff previously prepared and filed with the Town of Ogden an Environmental Assessment Form as required by the State Environmental Quality Review Act (“SEQRA”) and Chapter 210 of the Code of the Town of Ogden; and

Whereas, Mr. Huff has informed the Town Board that he will not make any substantial or material change in the scope of operations and has requested renewal of his license to continue mining operations on the same acre of land covered by the existing permit which expires May 13, 2017; and

Whereas, pursuant to the New York State Department of Environmental Conservation regulations implementing SEQR at 6NYCRR Chapter 617.13(d) and Section 210-13. of the Town Code, the proposed renewal if a Type II Action deemed not to have a significant effect on the environment; and

Whereas, the Town Engineer has reviewed the maps, plans and the site and find the same in conformance with Chapter 76 of the Code of the Town of Ogden and conditions of the current permit.

Now, Therefore Be It Resolved:

Section I : That the Town Clerk is hereby directed and authorized to issue to L.L. Huff Co. Inc. an excavation permit for the excavation of sand and gravel from the subject premises (tax account #086.01-1-6.31), which permit shall be for a one year period, commencing on May 14, 2017 and expiring on May 13, 2018.

Section II : That prior to issuance of such permit, the Town Clerk shall collect a fee of $50.00 as the permit is directed herein to be granted only for a term of one year.

Section III : That all excavations conducted by the applicant shall otherwise comply with all of the terms and provisions of Chapter 76 of the Code of the Town of Ogden, including, without limitation, compliance at all times with the provisions of Section 23-5 of the Excavation Ordinance of the Town of Ogden, including but not limited to, maintaining slopes to no greater than 1 to 3 and staking all boundaries in accordance with a certified instrument survey.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #170-5.24.17-

Introduced by Councilman Uschold

Seconded by Councilman Cole

Whereas, on January 8, 1992 the Town Board of the Town of Ogden (“Town Board”) authorized the Town Clerk to renew a License to Excavate and Remove Earth, Sand, Gravel and Similar Material (“License”) to L.L. Huff Co. Inc. (formerly Monarch Sand and Gravel Corporation) in Parcels A and B as identified on Monarch Sand and Gravel’s Mining Plan Map, Cross Sections Map, and Reclamation Plan, revised as of February 26, 1993 (“Mining Plan”); and

Whereas, on May 9, 1990 the Town Board authorized the Town Clerk to issue a three-year license to Monarch to mine Parcel C as identified on Monarch’s Mining Plan; and

Whereas, Monarch has completed mining and reclamation of Parcels A and B and has virtually completed operations on Parcel C; and

Whereas, Monarch submitted a revised Mining Plan and application to the Town Clerk on March 8, 1994, requesting permission to mine an additional 3.7 acres identified as Parcel D on Monarch’s Plan; and

Whereas, pursuant to the State Environmental Quality Review Act (“SEQR”) and its implementing regulations located at 6 NYCRR Part 617 and Section 210-13 of the Environmental Quality Review Act of the Town Code of the Town of Ogden, the Site was the subject of a coordinated SEQRA review, which included 29.3 acres located in the Town of Ogden and encompassing Parcel D; and

Whereas, Monarch Sand and Gravel had informed the Town Board that the applicant will not make any material change in the scope of operations as mining progresses from Parcel C to Parcel D; and

Whereas, the Town Board has reviewed Monarch Sand and Gravel’s application to the Town Clerk and the Notice of Complete Application, dated March 29, 1994, and issued by the New York State Department of Environmental Conservation in regard to Monarch Sand and Gravel’s separate application to the State to mine Parcel D.

Now, Therefore Be It Resolved by the Town Board of the Town of Ogden, as follows:

Section I : That, based upon review of Monarch Sand and Gravel’s application and map amendments, the Town Board of the Town of Ogden does find and determine that: (i) mining and reclamation activities at the Site have been subject to SEQR; (ii) expansion into Parcel D is a phase of activity at the Site previously subject to such SEQR review and for which this Town Board was an involved agency; and (iii) allowing mining and reclamation to occur on Parcel D is a Type II Action under SEQRA.

Section II : That, prior to issuance of such permit, the Town Clerk is hereby directed to collect a fee of $50.00 from the owner, L.L. Huff Co. Inc. and authorized to issue a license for the excavation of sand and gravel from Parcel D, which license shall be for a period commencing on April 15, 2017 and expiring on April 14, 2018.

Section III : That all activity conducted by L.L. Huff Co. Inc. on Parcel D shall comply with all the terms and conditions of Chapter 76 of the Code of the Town of Ogden and the conditions attached hereto as Attachment A.

Attachment a Conditions of L. L. Huff Co. Inc. License Approval:

The following conditions are imposed with respect to the original Application of V.J. Enterprises (Monarch Sand and Gravel Corporation) to the Town of Ogden, dated March 8, 1994, seeking an Excavation Permit for certain premises located on 68 Pine Hill Road in the Town of Ogden (Tax Account #086.01-1-13). Failure by the new owner, L. L. Huff Co. Inc., to satisfy or to be in continual compliance with any of the conditions shall be sufficient cause to rescind the Permit.

1. To the maximum extent practicable, L. L. Huff Inc., will excavate the working face in a stepped-type excavation to provide safety and stability of the excavation slopes in compliance with OSHA or MSA requirements where applicable.

2. That the hours of operation at the Site shall be:

Monday thru Saturday 7:00 a.m. to 6:00 p.m.

Sunday No hours

so as to lessen the impact, or potential impact, of noise upon neighboring properties.

3. That all reclamation operations be conducted at all times in compliance with L. L. Huff’s current application and the accompanying maps, drawings and narrative, and in compliance with the State of New York reclamation plan and DEC unconsolidated mining permit approval, File #8043-30-0058.

4. That, except with regard to L. L. Huff’s variance with the Town of Ogden regarding reclamation on its western property boundary, the actual area of excavation, open and un-restored, at any one time, shall not exceed two (2) acres, and L. L. Huff Co. Inc. shall conduct reclamation activities concurrently with on-going excavation.

5. That L. L. Huff Co. Inc. shall, at all times, conduct the operations at the Site so as to minimize the potential effect of blowing and/or drifting sand and soil, and apply water or other substances (as approved by the Town of Ogden and/or DEC) to all haul roads, entranceways and other areas, as needed, to lessen the impact or effect of such blowing or drifting sand/soil.

6. That actual excavation shall only take place at the Site within the areas delineated upon the maps and plans as submitted to the D.E.C. with this application and at no other locations unless prior approval of the Town of Ogden is obtained.

7. That the height of stockpiles shall, when possible, not exceed the height of the immediately surrounding area, as to minimize the effect of blowing and drifting sand and soil. All topsoil and/or stockpiles shall be appropriately seeded as soon as possible.

8. That all finished slopes shall be graded to a one (1) on three (3) slope and shall be seeded within 30 days of restoration. Further, during excavation, no slope shall be left that is greater than one on three and any such slope with greater slopes shall be appropriately fenced or other barrier, including berming, during excavation to avoid potential injury to persons or property.

9. That all processing, washing or other handling materials excavated from the Site shall take place in the Town of Parma and no such washing, processing, screening or handling shall take place within the Town of Ogden.

10. That all vehicles exiting and entering the Site shall exit and enter from Pine Hill Road and there shall be no vehicles exiting or entering the premises from the south.

11. That no excavation shall take place within 100 feet of the designated wetlands OG-2.

12. That no other buildings or permanent equipment shall be installed upon the Site without further application to the Town of Ogden for an amendment to this permit so as to allow the same.

13. That at all times during the hours of operations a guard or attendant shall be on duty.

14. That L. L. Huff Co. Inc. shall, at all times, comply with all other conditions imposed by the D.E.C. or other permit-issuing agencies.

15. That by the acceptance of this permit and operation under the same, L. L. Huff Co. Inc. agrees to indemnify and save the Town of Ogden harmless for all accounts, damages, costs and judgments of every name and description arising from its mining operations and reclamation of lands performed pursuant to this permit.

These conditions are imposed upon L. L. Huff Co. Inc. so as to lessen any potential change or impact upon the environment and so as to preserve the tranquil nature of the area and the health, safety and welfare of those whom the operation may effect and to provide for a plan for the orderly rehabilitation of the land to a useful condition upon completion of operations.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #171-5.24.17-

Introduced by Councilman Cole

Seconded by Councilman Feeney

Whereas, the Town of Ogden has determined that the following vehicles owned by the Town of Ogden are no longer suitable or needed for municipal purposes:

Police Dept. Items to Auction:

• 2008 Ford EC1 Van

• 2011 Ford CVC 4DS

• 2013 Chevrolet Caprice

Whereas, pursuant to the provisions of Town Law, the Town Board of the Town of Ogden may dispose of property no longer needed for public purpose, by trade.

Now, Therefore Be It Resolved that, by adoption of this resolution, the Town Board of the Town of Ogden does hereby authorize the Ogden Police Department to dispose of the above-listed property.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #172-5.24.17-

Introduced by Councilman Perry

Seconded by Councilman Uschold

Whereas, there is a need for limited part-time help in the Parks and Recreation Department;

Now, Therefore Be It Resolved that the Town Board of the Town of Ogden does hereby approve rehiring Jean Tomasulo as a limited Part-time Recreation Attendant at a rate of $9.70/hour, effective May 16, 2017

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

X. Adjournment

Resolution #173-5.24.17

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 7:12 p.m.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

http://www.ecode360.com/documents/OG0089/public/375931156.pdf