Chambana Sun

Village of Ogden Town Board met September 13.

Here is the agenda provided by the Board:

Pledge of Allegiance:

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

Board Members Present

Others Present

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 p.m. – Public Hearing: Introductory Local Law #6-2017, amending Chapter 210, Article VII, §210-52.2 Garages and Carports

7:05 p.m. – Public Hearing: Public Hearing for Application of Solar Energy Systems Overlay District

II: Approval of the Minutes:

Resolution #217-9.13.17

Introduced by Councilman

Seconded by Councilman

Be It Resolved, that the minutes of the Regular Meetings of August 9, 2017, there being no errors or omissions, stand approved as submitted.

Vote of the Board:

Ayes:

Nays:

III: Privilege of the Floor:

IV: Reports and Remittances from Town Officers:

Resolution #218-9.13.17

Introduced by Councilman

Seconded by Councilman

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

Nays:

V. Town Audits:

Resolution #219-9.13.17

Introduced by Councilman

Seconded by Councilman

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 $ 88,759.13

Part-Town Fund 36,582.19

Highway Fund 32,024.92

Trust & Agency Fund 100.00

Capital Projects Fund 39,254.14

Drainage Fund 36,579.49

Sewer Funds 1,836.54

Lighting Funds 8,332.28

Total $ 243,468.69

Prepaid Expenses:

General Fund 72,306.03

Part-Town Fund 5,990.40

Highway Fund 20,420.85

Trust & Agency Fund 200,892.15

Total $299,609.43

Grand Total All Claims: $ 543,078.12

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

Amount to be transferred; To Account; From Account; Explanation for transfer:

$ 10,000.00; 003.5140.1200 (Brush); 003.5142.1200 (Snow Removal); Transfer for additional wages for brush pickup (March 2017 storm)

Vote of the Board:

Ayes:

Nays:

VI. Correspondence Received and Filed:

1. Letter from Daniel Stein to the Town Board regarding the Abundant Solar project.

2. Letter from David Crumb, Parma Hilton Historian to Carol Coburn, Ogden Town Historian congratulating the Town of Ogden on our Bicentennial.

VII. Reports from Town Officers:

Gay H. Lenhard, Supervisor

Thomas J. Cole, Councilman

David F. Feeney, Councilman

Malcolm E. Perry, Councilman

Thomas J. Uschold, Councilman

David H. Widger, Highway Superintendent

Noelle M. Burley, Town Clerk

Daniel G. Schum, Town Attorney

VIII. Unfinished Business:

None

IX. New Business

Resolution #220-9.13.17

Introduced by Councilman

Seconded by Councilman

Resolved, that the Town Board of the Town of Ogden and the Highway Superintendent be and hereby are authorized to sign the 2017 Agreement to Spend Town Highway Funds Addendum amending Res. #136-4.12.17, as follows:

Gillett Road 112,130

Be It Further Resolved, that this agreement should be signed by the majority of the members of the Town Board, the Town Supervisor, and the Town Highway Superintendent. One copy must be filed with the Town Clerk’s Office, one copy filed in the County Superintendent’s Office, and one copy filed in the office of the Ogden Highway Superintendent.

Vote of the Board:

Ayes:

Nays:

Resolution #221-9.13.17

Introduced by Councilman

Seconded by Councilman

Whereas, Canal Gate, LLC and Town Gate, LLC have commenced Article 7 proceedings to review the assessment on their properties; and

Whereas, Thomas Fink, Esq. has submitted a Retainer Agreement to the Town agreeing to act as attorney for the Town in such proceedings in accordance with the terms of such Retainer Agreement;

Whereas, Thomas Fink, Esq. has been recommended for such services by Robert Criddle, Assessor;

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 execute a Retainer Agreement by and between the Town of Ogden and Thomas Fink, Esq. for representation in the above referenced Article 7 Proceedings.

Vote of the Board:

Ayes:

Nays:

Resolution #222-9.11.17

Introduced by Councilman

Seconded by Councilman

Whereas, Stephanie Ruffino has successfully completed her 52-week probationary period as a full-time Office Clerk III, effective September 19, 2017;

Now Therefore Be It Resolved, that the Town Board of the Town of Ogden does hereby approve completion of the probationary period for Stephanie Ruffino effective September 19, 2017.

Vote of the Board:

Ayes:

Nays:

Resolution #223-8.13.17

Introduced by Councilman

Seconded by Councilman

Whereas, Suzanne Mears, Nutrition Coordinator for the Ogden Senior Center, is hereby recommends the appointment of Hannah Klaver as a volunteer intern.

Now, Therefore Be It Resolved, that the Town Board of the Town of Ogden does hereby approve the appointment of Hannah Klaver as a volunteer intern for the Nutrition Program, from September 11, 2017 through December 18, 2017.

Vote of the Board:

Ayes:

Nays:

Resolution #224-9.13.17

Introduced by Councilman

Seconded by Councilman

Whereas, there is a need for substitute 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 hiring Dawn Arena (Pre- School Substitute) as a Substitute Part-time Recreation Attendant effective August 28, 2017 at a rate of $9.70/hour.

Vote of the Board:

Ayes:

Nays:

Resolution #225-9.13.17

Introduced by Councilman Seconded by Councilman

Whereas, Debra Betlow has submitted her resignation as a Regular Part-time Recreation Attendant (Pre-School Teacher), and

Whereas, this resignation will be effective August 17, 2017.

Now, Therefore Be It Resolved that the Town Board of the Town of Ogden does hereby accept, with regret, the resignation of Debra Betlow effective August 17, 2017.

Vote of the Board:

Ayes: Nays:

Resolution #226-9.13.17

Introduced by Councilman

Seconded by Councilman

Whereas, there is a need for a Regular Part-time Recreation Attendant (Pre-School Teacher) due to the resignation of Debra Betlow, and

Whereas, Eileen LeChase, current Limited Part-time Recreation Attendant (Substitute Per-School Teacher), was found to be qualified and desirous of the position.

Whereas, it is the desire of the Ogden Town Board to promote Eileen LeChase to the position of Regular Part-time Recreation Attendant (Pre-School Teacher)

Now, Therefore Be It Resolved that the Town Board of the Town of Ogden does hereby approve the promotion of Eileen

LeChase to the position of Regular Part-time Recreation Attendant (Pre- School Teacher) at a rate of $11.25 per hour, effective August 18, 2017.

Vote of the Board:

Ayes:

Nays:

Resolution #227-9.13.17

Introduced by Councilman

Seconded by Councilman

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 hiring Alexander Knowles as a limited Part-time Recreation Attendant (Before/After School Program) effective September 5, 2017 at a rate of $9.70/hour.

Vote of the Board:

Ayes:

Nays:

Resolution #228-9.13.17

Introduced by Councilman

Seconded by Councilman

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 Anthony Droegmoeller as a limited Part-time Recreation Attendant (Before/After School Program) effective September 5, 2017 at a rate of $9.70/hour.

Vote of the Board:

Ayes:

Nays:

In The Matter Of The Formation Of The Green Wood Park Subdivision Section 1 Lighting District And The Consolidation Into The Ogden Consolidated Lighting District

Resolution #229-9.13.17

Introduced by Councilman

Seconded by Councilman

Whereas, the Town Board of the Town of Ogden has received a Petition map and plan to create the Green Wood Park Subdivision Section 1 Lighting District pursuant to the provisions of Town Law; and

Whereas, such District once formed, is capable of being combined and consolidated into the Ogden Consolidated Lighting Distract; and

Whereas, the Green Wood Park Subdivision Lighting Section 1 District will have no debt and would benefit from the consolidated management of the ongoing expenses of operation, maintenance and repair; and

Whereas, the Town Board of the Town of Ogden will act as the Board of Commissioners for such District once formed, there being no separate Board of Commissioners for the said District; and

Whereas, the Town Board of the Town of Ogden is authorized and empowered pursuant to the provisions of Town Law to adopt a resolution calling for a public hearing to consider the formation and consolidation of the above referenced district and is desirous of doing so;

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

Section I: That Town Board of the Town of Ogden shall hold and conduct a public hearing to consider the formation of the Green Wood Park Subdivision Section 1Lighting District and its consolidation into the Ogden Consolidated Lighting District, which public hearing shall be held and conducted by the Town Board of the Town of Ogden at the Ogden Community Center, 269 Ogden Center Road, Spencerport, New York on the 27th day of September, 2017 at 7:00 p.m. at which hearing all interested persons shall be heard concerning the subject matter thereof and concerning the same. The boundaries of such proposed district are as follows:

Description of Green Wood Park Subdivision, Section 1 Area to be included Green Wood in the Park Description Ogden Subdivision, Consolidated of

All That Tract Or Parcel Of Land containing 6.921 acres more or less, situate in the Mill Seat Tract, Township 3, Range 1, Town Lot 229 Town of Ogden, County of Monroe, and State of New York, as shown on the drawing entitled "Green Wood Park, Lighting District Map" prepared by BME Associates, having drawing number 2406B-39, dated August 2017, being more particularly bounded and described as follows:

Commencing at the intersection of the westerly right-of-way line of Whitter Road (66’ Right-of-Way) with the northerly right-of-way line of West Side Drive - County Road 119 (66’ Right-of-Way); thence

A. N 87°51’31" W, along said northerly right-of-way line, a distance of 813.05 feet to the Point of Beginning; thence

1. N 87°51’31" W, a distance of 60.00 feet to a point; thence

2. N 00°58'29" E, a distance of 207.00 feet to a point; thence

3. N 87°51’31" W, a distance of 239.95 feet to a point; thence

4. N 00°59'08" E, a distance of 165.50 feet to a point; thence

5. N 63°29'56" E, a distance of 60.39 feet to a point; thence

6. N 80°17'49" E, a distance of 46.00 feet to a point; thence

7. N 71°03'41" E, a distance of 35.08 feet to a point; thence

8. Northerly, along a non-tangent curve to the right, having a radius of 280.00 feet, and a chord bearing of N 13°02’ 37" W, a of a distance of 57.62 feet to a point; thence

9. N 82°51'06" E, a distance of 90.00 feet to a point; thence

10. N 58°51'53" E, a distance of 87.48 feet to a point; thence

11. N 00°59'08" E, a distance of 67.30 feet to a point; thence

12. N 58°51’53" E, a distance of 155.48 feet to a point; thence

13. N 77°25'10" E, a distance of 132.08 feet to a point; thence

14. S 64°57'29” E, a distance of 142.52 feet to a point; thence

15. N 77°25' 10" E, a distance of 133.18 feet to a point; thence

16. Easterly, along the arc of a curve to the right, having a radius of 452.06 feet, a distance of 116.03 feet to a point; thence

17. S 87°52’ 26" E, a distance of 200.04 feet to a point; thence

18. S 00°57’34" W, a distance of 60.00 feet to a point; thence

19. N 87°52'26" W, a distance of 200.04 feet to a point; thence

20. S 00°57'34" W, a distance of 200.00 feet to a point; thence

21. N 87°52'26" W, a distance of 399.95 feet to a point; thence

22. S 00°58’ 09" W, a distance of 253.90 feet to a point; thence

23. N 87°51’31" W, a distance of 216.17 feet to a point; thence

24. S 00° 58'29" W, a distance of 207.00 feet to the Point of Beginning.

Section II: That the Town Clerk shall give due legal notice of such public hearing as required by law.

Section III: That at such public hearing the Town Board shall determine upon the evidence given whether or not it is in the public interest to form the district and to consolidate the said district above referenced, and the manner and method of the assessment of all future costs of operation, maintenance and improvements.

Vote of the Board:

Ayes:

Nays:

Resolution #230-9.13.17

Introductory Local Law #6-2017

Introduced by Councilman

Seconded by Councilman

Whereas, the Town Board of the Town of Ogden did hold and conduct a Public Hearing to consider the enactment of Introductory Local Law #6-2017, which Public Hearing was held and conducted at the Ogden Community Center, 269 Ogden Center Road, Spencerport, NY on the 13th day of September 2017 at 7:00 p.m. and at which hearing, all interested persons were heard concerning the subject matter thereof; and

Whereas, having the public comments, if any upon such Introductory Local Law and due deliberation having been had;

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 hereby enact Local Law #6-2017, a Local Law amending Chapter 210 of the Code of the Town of Ogden to read and provide as follows:

Article VII

Chapter 210, Article VII, §210-52.2 Garages and Carports

A. Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with 3⁄4 hour fire- protection-rated assemblies equipped with self-closing devices.

1. Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48mm) sheet steel or other approved material and shall have no openings into the garage.

2. Other penetrations. Penetrations through the separation required in subsection 2.2 shall be protected by filling the opening around the penetrating item with approve material to resist the free passage of flame and products of combustion.

B. Separation required. The garage shall be separated from the residence and its attic area by horizontal or vertical separations conforming to subsections 2.1 and 2.2.

1. Vertical separations. Where partitions are used to separate an attached garage from a living space or its attic, the partition assembly shall have a 3⁄4 hour fire-resistance rating.

Exception: In lieu of providing partitions that have a 3⁄4 hour fire-resistance rating, one layer of 5/8 inch thick, type-X, gypsum board may be installed on the garage side and one layer of 1⁄2 inch, type X, gypsum board may be installed on the opposite side. Application shall be in accordance with Section R702.3 of the International Residential Code (2015) (hereinafter the “Residential Code”).

2. Horizontal separations. Where horizontal construction is used to separate the garage from the living space or its attic, such construction shall be protected with one layer of 5/8 inch thick, type X, gypsum Board, installed in accordance with the requirements of Section R805.I of the Residential Code. Openings in horizontal separations shall not be permitted except where the residence is otherwise protected by vertical separations. Where the horizontal separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8 inch (15.87 mm) type X gypsum board or equivalent.

C. Floors. Garage floor surfaces shall be of approved noncombustible material. The area of floor used for parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway.

D. Carports. Carports shall be open on not less than two sides. Carport floor surfaces shall be of approved noncombustible material. Carports not open on two or more sides shall be considered to be a garage and shall comply with the provision of this section for garages.

Exception: Asphalt surfaces shall be permitted at ground level in carports. The area of floor used for parking of automobiles or other vehicles shall be sloped to facilitate the movement of liquids to a drain or toward the main vehicle entry doorway.

E. Flood hazard areas. For building located in flood hazard areas as established by Table R301.2 (1) of the Residential Code, garage floors shall be:

1. Elevated to or above the design flood elevation as determined in accordance with Section R322 of the Residential Code or;

2. Located below the design floor elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of Section R322 and are otherwise constructed in accordance with this code.

F. Automatic garage door openers. Automatic garage door openers, if provided, shall be listed and labeled in accordance with UL 325.

G. Fire sprinklers. Private garage shall be protected by fire sprinklers where the garage wall has been designed based Table R302.1 (2) of the Residential Code, Footnote a.Sprinklers in garages shall be connected to an automatic sprinkler system that complies with Section P2904 of the Residential Code. Garage sprinklers shall be residential sprinklers or quick- response sprinklers, designed to provide a density of 0.05gpm/ft2. Garage doors shall not be considered obstructions with respect to sprinkler placement.

Section II: That the Town Clerk shall give due notice of the enactment of this Local Law by filing with the Secretary of State, as required.

Vote of the Board:

Ayes:

Nays:

X. Adjournment

Resolution #231-9.13.17

Introduced by Councilman

Seconded by Councilman

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

Vote of the Board:

Ayes:

Nays:

Resolution #232-9.13.17

Introduced by Councilman

Seconded by Councilman

Resolved, that the Regular Meeting of the Town Board of the Town of Ogden reconvened at ____ p.m. and moved to Executive Session, to discuss __________ and hereby is adjourned at _____ p.m.

Vote of the Board:

Ayes:

Nays:

http://www.ecode360.com/documents/OG0089/public/390016287.pdf