Chambana Sun

Village of Ogden Village Board met Dec. 11.

Here is the minutes provided by the board:

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 Burley, Town Clerk

Richard Vargo, Deputy Highway Superintendent

Daniel Schum, Town Attorney

Joanne Feeney

Steve Toms

Sarah Rivera

Dan Wolf

Carol Nellis-Ewell

Mike Zale

Frank Allkofer

Robert & Bonne Gary

Annemarie Wynings

Anthony Batista

Anthony Wynings

Jim Case

Frank & Karen Rakoski

Andrea Hansen

Brock Bafford

Crystal Benjamin-Bafford

Brian Strohm

Angela O’Hara

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 #4-2019 to amend Sections 38, 87, 82 and 85 of Chapter 300 of the Code of the Town of Ogden

Noelle Burley, Town Clerk: Read the Legal Notice.

Supervisor Lenhard: Is there anyone who would like to speak to this issue?

Frank Rakoski: I guess I have a couple general questions just about procedure if you will. My question would be, there are four different sections of the code here being changed. Are you going to hear each on separately and also can you vote on them separately if it was chosen to approve three and not four of them?

Dan Schum, Town Attorney: It was advertised as one local law Frank but the subsections of the local law can if the board feels it appropriate to vote on it separately.

Frank Rakoski: I guess I just have the question of why are these laws being proposed? What happened, what is going on?

Dan Schum, Town Attorney: The text of the local laws were explained in a letter from the Deputy Town Attorney, Keith O’Toole and he addressed the sections of the above proposed local law as they relate to the solar energy code provisions. The remainders of the sections that are proposed for the local law were recommended from the Building Department as a result of experience. They found that there needed to be an adjustment in the existing code.

Frank Rakoski: That is what I will presume so I hope that the people that had those experiences are aware of this and can come and ask questions I am not sure if they are or not. Would you like people to just speak to one section rather than jump back and forth?

Dan Schum, Town Attorney: I would think you would want to suggest your comments to the proposal as you see it. If you want to address things one at a time then other people may want to get up and speak to that specific part of it as well. I don’t think we want to segregate each item. We can consume your comments as you say them.

Frank Rakoski: I will start with this I have nothing to say about the unlicensed vehicles. I think I understand that one and it is pretty straight forward. The section 300-82 Campers, Trailers and Motorhomes, the change you are making here you are adding the words utility trailers to be along with the campers, trailers and motor homes and you are changing it from allowing one of these on a property to two. That is straightforward. I did see that utility trailer is defined in the code. It does not specify the size of a utility trailer so I assume it would fall to under 35 feet. A simple question I have is if a person had three utility trailers that are 10 feet long for a total of 30 feet they would need a variance to have them whereas another person could have two 35 foot RV’s and that would be ok. It is not clear to me what is trying to be regulated here as to the total amount of square footage being covered the number of items being covered and it also doesn’t take into account that situations are very diverse. There is no consideration for people who may have a lot of property at all. Along with that you do have the situation where farmers have many vehicles that are still residential land and I know for a fact that there are people who have 4 trailers that they probably use for storage and they will be affected by this. I’d like to back up to a higher level I skipped over it. I recall at previous meetings that it was stated that the General Code company that does our codebooks they are going to undertake a revision of our code to clean it up. What is the status of that?

Supervisor Lenhard: It is done.

Dan Schum, Town Attorney: The Town recodified the code last October or November and there were many changes that were made at that time. We had a public hearing but things have come up since then.

Frank Rakoski: Ok. Another thing just in the current code not a change it talks about the person who has these trailers or whatever they must belong to an owner or occupant of the premises upon which is being parked or store. What if someone came to visit you in a camp or motorhome? They don’t own the property and they don’t belong there do they get to stay? That would be true in the existing code not what is changing. I am starting to find a lot of things I can question.

Dan Schum, Town Attorney: I think the differentiating factor which you pointed out Frank is that this code address is vehicles that are stored. A temporary visit for a limited time would not be storage.

Frank Rakoski: It also refers to a mobile home, I was looking up the definition of a mobile home in the code and it says it is a big trailer, it has a whole separate section in the code that regulates that section that talks about trailer parks and mobile homes. I guess when I see it in here I think sheesh a person could have what looks like a mobile home trailer up to 35 feet on their property.

Dan Schum, Town Attorney: Again Frank I think the section you are referring to relates to a group of mobile homes in a park which has permanent residency types of situations. It addresses a residential property so to speak. That definition as you may be aware as some of them call them recreational vehicles or there is a number of different things that kind of mean the same thing. It is a living quarter that is on wheels or could be on wheels.

Frank Rakoski: Right that is what your definitions generally say so I guess going back to the general code thing to me it would be good to go in there and clean this up and just pick one term or call it whatever you want.

Dan Schum, Town Attorney: That is the issue the reason that brought this about is and I think Patrick the Building Enforcement Officer is here is that the contractors for lack of a better word parking their utility trailers on residential property and using it in effect for parking of a commercial vehicle on a permanent nature on residential properties and we didn’t have anything that addressed utility trailers and so that was something that came about because of complaints from some neighbors.

Frank Rakoski: That causes me to jump down to the other one 300-85 Commercial Vehicles. So no tractor trailer may be stored in a business or commercial district. What’s a guy to do? Rent space somewhere?

Dan Schum, Town Attorney: The key word is stored. If you own a commercial property you are not storing it there. It is a part of your use of the property but if you had commercial property and I wanted to store ten tractor trailers on your property I would be storing them there, it wouldn’t be part of your business whatsoever. Patrick you can address it if you’d like but I think that was the intent of it is so that the storage of tractor trailers is the issue. It is not the fact that you can’t have a tractor trailer on commercial property.

Frank Rakoski: That is a subtle legal point I guess. For me that section it looks like in the first three sections you can see they all say basically you can’t have commercial vehicles on private property. I don’t know why this is needed I guess.

Patrick Smith, Building Inspector: So tractor trailers right now are prohibited from being stored in a residential district. That is the only district right now that regulates it so when we talked, we talked about should they be used as sheds on commercial property or restricted business or other properties because on residential they are already prohibited. The board thought that industrial property they fit that property but they really don’t fit having storage containers in restricted business or property so that is why we are cleaning it up so it is not allowed. They really don’t look nice and they shouldn’t be there anyway. The other issue was trailers. So on a trailer the way to clean up the code because if I had to enforce a code where the heading of the chapter is Campers, Trailers and Mobile homes and in that chapter it lists a definition for a utility trailer but then when it regulates it says a camper or house trailer it doesn’t say anything about a trailer so we can’t enforce it, so they can have as many as they want. All I did was add utility trailer to one of the sections listed that are regulated and I think we talked to the board and the board said two is good enough but that can be changed.

Frank Rakoski: Farmers I noticed there is at least three or four tractor trailers on their property.

Patrick Smith, Building Inspector: Farmers are exempt from a lot of rules, they are exempt from structures and what they can have on their property. If they have a farm exemption they are pretty much exempt from a lot of our laws.

Frank Rakoski: Ok because it still is residential property.

Patrick Smith, Building Inspector: It is zoned R-1 but if they have an exemption they can build a barn and it doesn’t have to meet New York State code.

Frank Rakoski: Well I will take a break now.

Gary Inzana: Dan did you construct this law?

Dan Schum, Town Attorney: If you came to the Town Hall and looked at this you will see that the first two sections of it were proposed by Keith O’Toole and the last two or three sections were proposed by the Code Enforcement Officer as a result of his experience.

Gary Inzana: You reviewed the section 300-82, did you find anything troubling with it for yourself?

Dan Schum, Town Attorney: If you want to address a concern I will try to address it.

Gary Inzana: I’m just wondering if anyone on the board looked at this law and found any concerns. Before I shoot my pistol off I want to know if people saw what I saw. Does this law control the entire camper trailer and mobile home code or is there more to it that I didn’t really do any research? Is there anything else in the code that regulates these or is this it?

Dan Schum, Town Attorney: I don’t think there is except for what Frank mentioned.

Gary Inzana: If you read the very first paragraph only two such vehicles per family may be parked or store in any lot containing the dwelling unit of such family. What if there is no dwelling unit? Is that addressed somewhere?

Dan Schum, Town Attorney: I would have to say that reading it by exclusion that if there is no dwelling unit then it is prohibited.

Gary Inzana: Why would you say that?

Dan Schum, Town Attorney: It says that only two can be stored on a lot containing the dwelling unit of a family.

Gary Inzana: It explicitly does not say anything about a vacant lot correct?

Dan Schum, Town Attorney: It says that those two vehicles per family may be parked or stored on any lot containing the dwelling unit of the family. Interpretation of that would be if there is no dwelling unit that they are not allowed at all. That section of the code has been there since the 80’s.

Gary Inzana: I just know from previous experience that when there is one lawyer on one side and one on that side the judge is in the middle and someone explains something and the judge says well be specific it is a case of contention. Whether or not it is permitted I can see where it would be an issue.

Dan Schum, Town Attorney: Point taken.

Patrick Smith, Building Inspector: I would like to address that it is not in this part of the chapter but it is in the code. It does state in every section 300-28 where without a dwelling unit you cannot build an accessory structure, you can’t park storage containers, it does say that elsewhere in the code.

Gary Inzana: If it is addressed somewhere else in the code then I will leave it alone. Even before that only two such vehicles per family may be parked or stored. Does anyone see anything wrong with that? What if you have a two family house or apartments, multi family? Again it is a question of thinking through the process of the code. I have a two family home on one acre of land they can have four utility trailers, I live on 14 acres of land with 23 acres of farmland and I have three trailers so you are telling me no Gary you cannot park there so I will take it to the other house that I own and park the trailer.

Dan Schum, Town Attorney: If you live there you can do that.

Gary Inzana: I am just bringing things up that I don’t think this law is ready to be passed. I have another question, if you go down the road and you see someone in the house and they have three trailers the neighbors don’t care everyone is fine with it would you want to Building Inspector to call or site that person with no complaints?

Dan Schum, Town Attorney: Gary, the general answer is no the Building Inspector does not drive around looking for problems.

Gary Inzana: I just want to reiterate what Frank said which was the length of the trailers, it is something that should be taken into consideration. Just food for thought about this law.

Councilman Perry: May I say something Gary? Everything is written in a singular form. I think the 35feet is more important that the number which is not plural.

Gary Inzana: Two 35 footers is 70 feet, I have three trailers that are only 55 feet. I will be in violation. Councilman Uschold: Mal’s point is it is not cumulative. It is the length that is important.

Gary Inzana: I agree with that but I also think that consideration has to be made. If a guy has three 15 foot trailers or three ten foot trailers his length is in violation. Sometimes a law to prevent one problem creates others. Sometimes to make one or two people happy you make a lot of other people unhappy. Sometimes you have to tell the complainer, “That is just the way it is, sorry.” One size regulation does not fit all situations in the town. The town has diverse and changing land uses. I live in an area where I have a lot of room. The Town Board members also live in different land use areas. Tom Cole lives on Colby Street on about a one acre lot, Mal Perry lives on Whittier Road on 9 acres in a rural farm land area and has lots of land. Tom Uschold lives on Hiawatha Trail. Gay Lenhard lives on Union Street in the Village. Dave Feeney has somewhat recently moved into the village. The Building Inspector lives in Parma. My point is that this law needs some more study. Should people with lots of land be subject to the same land use regulations as people on smaller lots? This is a difficult law to propose. I am just suggesting it needs more work and study.

Dan Schum, Town Attorney: That is the issue, the Town Board has been trying to address known concerns. This ordinance does not permit you from doing this. If you want 4 trailers ten feet back to back to back the zoning board is the people’s court. You can apply for a variance. I am just commenting that this statue is not prohibiting.

Gary Inzana: I don’t disagree however it has been my experience that anytime the city or county try to make regulations or rules to keep the visits to the Zoning Board to a minimum. I don’t think it is your intention to make laws to force people to come to the Zoning Board. With that I will bid you adieu.

Angela O’Hara: I would like you to take a look at the number of vehicles that you allow on the property. In my opinion two is not a sufficient number now that you are combining camping trailers as well as utility trailers. The code was written properly when it was just looking at camping trailers but since you are combining the two it is my opinion that two is not sufficient. Thank you.

Frank Rakoski: Gary’s points gave me a thought that once again we have a situation that is like a similar situation that we had years ago with kids riding ATV’s and they were going to change the code to appease a small group of people. I have had this novel idea for a while. We could start a revolution in government if we got rid of codes instead of adding more laws. The more codes that you add the more complicated things get. That’s why General code had to clean up the code. The Zoning Board of Appeals is the way to go when you purchase another trailer. I offer that you consider that.

Supervisor Lenhard: Is there anyone else who would like to speak? If not I will close the public hearing.

II: APPROVAL OF THE MINUTES:

Resolution #275-12.11.19

Introduced by Councilman Cole

Seconded by Councilman Feeney

BE IT RESOLVED, that the minutes of the Regular Meetings of November 13, 2019, there being no errors or omissions, stand approved as submitted.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Introduced by Councilman Perry

Seconded by Councilman Cole

BE IT RESOLVED, that the minutes of the Regular Meetings of November 27, 2019, 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:

Supervisor Lenhard: We are sad to have one of our very best Councilmen leave us. I just have a short proclamation I would like to read. *Reads proclamation* The Board is very sad to see you go. I know there are several people out there who would like to speak to you. Please come up.

Dan Wolf: David we are providing to you a plaque from the Republican Committee for 25 years plus in service to the Town of Ogden. Congratulations sir.

Councilman Feeney: I would like to thank the citizens that elected me into this position for four terms. I appreciate it. I got the chance to meet a lot of great people and have good times as well as bad but one of the high points in my career was being presented with a flag that flew over the Afghanistan tactical camp by Lt. Colonel Daniel Fletcher so I think after tonight at the next meeting they will have Scott Clyde here in my place. I think you all will be very impressed with him.

Mike Zale: I wanted to say a couple words on behalf of the County Legislature. I just want to read portions of this proclamation for you and just offer some words. I want to say this in a way that everyone hears. This is a certificate of recognition whereas Dave Feeney has been a dedicated public servant at Monroe County for over 25 years. His lifelong commitment to the Town of Ogden has made him a leader and a respected voice in the community. David first joined the Ogden Zoning Board of Appeals soon after he deepened his involvement in community and served on the Ogden Town Board. Dave continued to serve these roles and took on a chairmanship in the Farmland Protection Committee. Dave has held official roles in Ogden for over 25 years and has spent his entire life working for this community. Dave is known for his passion, work ethic and the respect he commands from his peers. He has overcome times of adversity and despite this has continued to fight for the Town and has shown his lifetime commitment to the preservation of Ogden and insuring it remains the close knit town, small government and respect for its rural history that Dave has always known it to be. The Monroe County Legislature and the Town of Ogden have been very fortunate to have Dave serve this community for so many years. His leadership has guided the town through a wide range of changes and his impact will continue to be felt in the years to come. Dave has truly exemplified what it means to be a public servant, dictating his life to those around him. Thank you so much Dave. Real quickly I just wanted to say as a friend I just really appreciate you. One of the very first things I did in my political career very naively was in the committee was decide or be convinced to decide to actually run for Town Council in a year where you were also running and it didn’t go my way and I want to honestly say thank you because there are opportunities that have come to me because I needed to wait and get involved in other ways. I needed to help support everyone that was helping to do the jobs that they were doing. You can approach something with passion and not be ready for it so I appreciate the opportunity to be able to learn. The last thing I will say is no strong man that does this without an equally and even more strong woman behind him. Not just physically but spiritually and emotionally you have one of the finest partners that has exemplified what it means to be in a committed relationship and it is something that Kristin and I have watched and appreciated and will always continue to look towards as an example of what love and what commitment and what a marriage is. Thank you.

Frank Allkofer: For 25 years you have been involved in the Town of Ogden in many facets. You have left your signature in so many areas of this community. You are a mentor to members of the Board and the people in the audience this evening. On behalf of the Monroe County Legislature I want to say thank you so much for what you have done for this community and the Town of Ogden as well as the County of Monroe. Thank you so much.

Carol Nellis-Ewell: If I may read this to you David with sincerity. This is a resolution of appreciation for you David Feeney. Whereas David has been a longtime resident of the Town of Ogden and Village of Spencerport and Whereas David has devoted his time and expertise to the Town of Ogden Zoning Board of Appeals from January 1994 until August 1998 and as Town of Ogden Council member from December 1999 to December 2019. Whereas David’s education and success of the Town of Ogden and the Village of Spencerport and therefore let it be resolved that the Village of Spencerport Board on behalf of the residents of Spencerport and the employees of the Village of Spencerport extends its appreciation to David for his dedication, his years of service to the community and this is signed by Gary Penders, the Mayor who could not be here tonight and me Carol Nellis-Ewell, Deputy Mayor, Charles Hobson, Trustee and David Wohlers. Thank you.

Teresa Flethcher: I would like to address Councilman David Feeney on behalf of the Town of Ogden community. David, since this is your last Town Board meeting, we didn’t want to miss the opportunity to express our appreciation to you for representing us, your neighbors since January 1994 when you started serving on the Zoning Board of which you were chairman of by August 1998. You were then elected to the Town Board in November 1999 and started serving as Town Councilman in January of 2000. That’s an impressive 25 years of service. I didn’t come to know you and take an interest in Town Government until around 2008 when our neighborhood was potentially going to be negatively impacted by a development proposal that was not a good use of land in question and was out of alignment with the Town’s Comprehensive Plan. That experience of neighbors coming together and attending meetings was educational and served us well a few years later when another potentially negative development proposal, on a second property arose not once, but twice. Through it all, it was clear to myself and others that you took these development proposals seriously and wanted to uphold your responsibility to us as our elected official. You also did not hesitate to speak to us one on one and show your appreciation and support when the situation called for it. A simple act that meant so much and showed true leadership. Warren Bennis once said “Management is doing things right. Leadership is doing the right things.” Thank you David, for striving to do what was right. Your trustworthiness, credibility and sense of humor will be missed in these meetings but we wish you only the very best moving forward. Thank you.

Supervisor Lenhard: Is there anyone else who would like to speak? If not we will move on.

IV: REPORTS AND REMITTANCES FROM TOWN OFFICERS:

Resolution #276-12.11.19

Introduced by Councilman Uschold

Seconded by Councilman Feeney

BE IT RESOLVED, that the Reports and Remittances from Town Officers in detail for the month of November 2019, 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 #277-12.11.19

Introduced by Councilman Cole

Seconded by Councilman Feeney

BE IT RESOLVED, that the General Fund, Part-Town Fund, Highway Fund, Trust & Agency Fund, 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 $ 75,832.52

Part-Town Fund 6,009.36

Highway Fund 66,758.89

Sewer Funds 1,472.41

Lighting Funds 101.91

TOTAL $ 150,175.09

Prepaid Expenses (11/28/2019 – 12/10/2019):

General Fund $ 50,308.26

Part-Town Fund 8,326.34

Highway Fund 23,754.92

Trust & Agency Fund 79,129.35

TOTAL $ 161,518.87

GRAND TOTAL ALL CLAIMS: $ 311,693.96

BE IT RESOLVED, that upon the review and recommendation by Town Supervisor and by the Director of Finance, the following amount shall be appropriated from Appropriated Fund Balance for the required upgrade of Town desktop computers for Windows 10 compatibility.

Amount to be

Appropriated To (From) Account Account Description Explanation for Appropriation

$15,358.84 001.1650.2000 Equipment Appropriation of fund balance for

purchase of 28 Windows 10

compatible machines.

$15,358.84 (001.001.2801) Appropriated Fund

Balance

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. Our next meeting isn’t until January 2, 2020. It will be at 4:30 p.m. here and we will go through everything that is going to go on next year as well as I will talk about our State of the Union.

Thomas J. Cole, Councilman

No report.

David F. Feeney, Councilman

No report.

Malcolm E. Perry, Councilman

No report.

Thomas J. Uschold, Councilman

1. David thank you for your service. We will miss you.

Richard Vargo, Deputy Highway Superintendent

No report.

Noelle M. Burley, Town Clerk

1. Just busy getting ready for Town and County taxes.

2. We are working with the Town Historian and possibly the Village of Spencerport to look for a grant for next year.

Daniel G. Schum, Town Attorney

1. I have been working on some litigation for the Town.

2. The Feeney family has been a staple in the community for as long as I have been delivering newspapers. I have grown to know David and his wife and the family and extensions of their family and I can echo the comments that were made earlier that there is no finer example of a family that together has done wonderful things for this community for decades. David has been the head of that family and the second head is sitting over here. She has been every much as part of his success as he has. Noelle sits here today, another generation of family that is a service to the community. I am going to miss David. I am going to call him up to find out what is happening with the Yankee’s. David congratulations on a great run, I wish you nothing but happiness.

Supervisor Lenhard: We all love Dave especially his humor and will miss him. We never know what is going to come out of his mouth sometimes but he is a good man.

VIII. UNFINISHED BUSINESS:

None

IX. NEW BUSINESS

Resolution #278-12.11.19

Introduced by Councilman Perry

Seconded by Councilman Uschold

WHEREAS, Richard Manley has submitted his resignation as a part-time Recreation Attendant, and

WHEREAS, this resignation will be effective December 5, 2019;

NOW, THEREFORE BE IT RESOLVED:

SECTION I: That the Town Board of the Town of Ogden does hereby accept, with regret, the resignation of Richard Manley effective December 5, 2019.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #279-12.11.19

Introduced by Councilman Perry

Seconded by Councilman Uschold

WHEREAS, Leigh King has submitted her resignation as a part-time Recreation Attendant, and

WHEREAS, this resignation will be effective December 13, 2019;

NOW, THEREFORE BE IT RESOLVED:

SECTION I: That the Town Board of the Town of Ogden does hereby accept, with regret, the resignation of Leigh King effective December 13, 2019.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #280-12.11.19

Introduced by Councilman Uschold

Seconded by Councilman Feeney

WHEREAS, Joseph Muniz has submitted his resignation as a part-time Fire Marshal, and

WHEREAS, this resignation will be effective December 21, 2019;

NOW, THEREFORE BE IT RESOLVED:

SECTION I: That the Town Board of the Town of Ogden does hereby accept, with regret, the resignation of Joseph Muniz effective December 21, 2019.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #281-12.11.19

Introduced by Councilman Uschold

Seconded by Councilman Perry

WHEREAS there is a need for a part-time Fire Marshal in the Building Department due to the resignation of Joseph Muniz, and

WHEREAS interviews were conducted and Mitchell Flagg was found to be qualified and desirous of the position, and

WHEREAS, it is the desire of the Ogden Town Board to hire Mitchell Flagg to the position of part-time Fire Marshal.

NOW, THEREFORE BE IT RESOLVED:

SECTION I: That the Town Board of the Town of Ogden does hereby appoint Mitchell Flagg to the competitive temporary position of part-time Fire Marshal at the hourly rate of $20.83 effective December 4, 2019 until December 21, 2019 when he will become non-competitive permanent with a 52 week probationary period.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #282-12.11.19

Introduced by Councilman Perry

Seconded by Councilman Uschold

WHEREAS, there is a need for part-time substitute help in the preschool program in the Parks and Recreation Department;

NOW, THEREFORE BE IT RESOLVED:

That the Town Board of the Town of Ogden does hereby approve hiring Jaclyn Kloc as a substitute part-time Recreation Attendant effective December 3, 2019 at a rate of $11.10/hour.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #283-12.11.19

Introduced by Councilman Cole

Seconded by Councilman Feeney

RESOLVED, that the Supervisor is hereby authorized and directed to sign an agreement between the Town of Ogden and ADP Payroll Processing, with offices at 2144 West Henrietta Road, Rochester, NY 14623. Purpose of said agreement is for the complete installation and configuration of automated payroll processing, timeclock software, and HR/benefits processing and record retention for all employees at the Town of Ogden. Contract is for $8147.10 for 98 employees with the base rate being $2.82 biweekly per employee and includes a price lock for three years. This contract is effective immediately upon execution by the Town Supervisor and will remain in effect for the duration of the price lock period, unless the Town of Ogden provides written cancellation within 90 days of the intended cancellation date to ADP Payroll Processing.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #284-12.11.19

Introduced by Councilman Feeney

Seconded by Councilman Cole

WHEREAS, the Town of Ogden is contemplating accepting credit cards as a means of payment within the various departments of the Town of Ogden; and

WHEREAS, prior to the establishment of such use of credit cards as a means of payment, it is reasonable, necessary and appropriate that a Town of Ogden adopt a credit card processing and handling security policies so as to assure that at such time as the Town accepts credit cards as a means of payment, that the public can be assured that their private information will be handled in a secured basis;

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 adopt the attached Credit Card Processing and Handling Security Policy, as the established policy for all Town Departments who may in the future accept credit cards as the means of payment.

SECTION II: That the Credit Card Processing and Handling Security Policy as adopted shall be distributed to each department head who may in the future accept credit cards as the means of payment.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #285-12.11.19

Introduced by Councilman Cole

Seconded by Councilman Feeney

RESOLVED, that the Supervisor is hereby authorized and directed to sign an agreement between the Town of Ogden and Wolf Mechanical Service, with offices at 5353 West Ridge Road, Spencerport, NY 14559. Purpose of said contract is to provide preventative maintenance for the Town of Ogden’s Highway Garage, Highway Office and Community Center for certain equipment. This contract will be valid from January 1, 2020 through January 1, 2021.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #286-12.11.19

Introduced by Councilman Perry

Seconded by Councilman Feeney

RESOLVED, that the Supervisor be and hereby is authorized to sign the Agreement for Cleaning Services between the Town of Ogden and Mike’s Commercial Cleaning, Inc for the Parks and Recreation Department at 269 Ogden Center Road, Spencerport, NY commencing November 30, 2019 and expiring June 30, 2020.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

*Councilman Uschold, Councilman Perry, and Councilman Feeney moved to amend and exclude Section 330-82 (c) of resolution #287-12.11.19*

Resolution #287-12.11.19

RESOLUTION AND FINAL ORDER INTRODUCTORY LOCAL LAW # 4- 2019

A Local Law amending Sections 38, 87, and 85 of Chapter 300 of the Code of the Town of Ogden

Introduced by Councilman Uschold

Seconded by Councilman Perry

WHEREAS, the Town Board of the Town of Ogden did heretofore publish Legal Notice to consider the enactment of Introductory Local Law #4-2019 amending §300-38, §300-87, and §300-85 of the Code of the Town of Ogden; and

WHEREAS, pursuant to Legal Notice duly published, the Town Board of the Town of Ogden did hold and conduct a public hearing to consider such Introductory Local Law, which public hearing was held and conducted at the Ogden Community Center, 269 Ogden Center Road, Spencerport, New York on the 11th day of December, 2019 at 7:00 p.m. and at which hearing all interested persons were heard concerning the subject matter thereof; and

WHEREAS, after due consideration, the Town Board is desirous of enacting such Local Law;

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 by adoption of this Resolution does hereby enact Introductory Local Law #4-2019 amending Chapter 300 of the Code of the Town of Ogden to read and provide as follows:

Repeal §300-38 (k)(2)(c)

(c) Within 100 feet landward of a freshwater wetland

Repeal §300-38 (k)(2)(d)

(d) Adjacent to or within the control zone of any airport

Amend §300-38 (k)(4)(e) to read as follows:

“All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by an eight-foot-high fence with a selflocking gate and provided with landscape screening. The fence shall be an 8.0 foot high galvanized steel chain link fence, consisting of 2” mesh and 9 gauge chain link fabric. The chain link fabric shall be green vinyl clad. The chain link fabric shall be woven with green garland embedded slats such as Hedge Link, or similar, to further camouflage the site and make it blend into the landscape.”

Amend §300-87 (c) to add the following:

3. Such storage shall be located in a driveway or behind the setback of the house.

4. Such vehicle must belong to the owner or occupant of the premises upon which it is being stored.

Amend §300-85 to add the following:

E. No tractor-trailer or semitrailer may be stored in any residential, business or commercial district.

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

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

Resolution #288-12.11.19

Introduced by Councilman Cole

Seconded by Councilman Uschold

RESOLVED, that the Town of Ogden advertise for the furnishing of cleaning services for the calendar year 2020 for cleaning of the Town Hall and Little Red School House. Such bids to be opened on December 30, 2019 at 10:00 a.m. and to be awarded to the lowest responsible bidder meeting all bid specifications.

Vote of the Board:

Ayes: Cole, Feeney, Lenhard, Perry, Uschold

Nays: None

X. ADJOURNMENT

https://www.ecode360.com/documents/OG0089/public/529958689.pdf