Village of Ogden Town Board met Feb. 12.
Here is the minutes provided by the board:
PLEDGE OF ALLEGIANCE:
I: CALL TO ORDER: (7:00 P.M.)
Board Members Present
Gay H. Lenhard, Supervisor
Thomas J. Cole, Councilman
Malcolm E. Perry, Councilman
Thomas J. Uschold, Councilman
Others Present
Katie Searls, Deputy Town Clerk
Richard Vargo, Deputy Highway Superintendent
Daniel Schum, Town Attorney
Steven Toms
Dan Wolf
1 Participation in Government student
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 #87-2.12.20
Introduced by Councilman Cole
Seconded by Councilman Perry
BE IT RESOLVED, that the minutes of the Organizational
Meeting of January 2, 2020, there being no errors or omissions, stand approved as submitted.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold
Nays: None
Introduced by Councilman Uschold
Seconded by Councilman Perry
BE IT RESOLVED, that the minutes of the Regular Meetings of January 8, 2020, there being no errors or omissions, stand approved as submitted.
Vote of the Board:
Ayes: Cole, Lenhard, Uschold
Nays: None
Abstain: Perry
Introduced by Councilman Uschold
Seconded by Councilman Cole
BE IT RESOLVED, that the minutes of the Regular Meetings of January 22, 2020, there being no errors or omissions, stand approved as submitted.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold
Nays: None
III: PRIVILEGE OF THE FLOOR:
None
IV: REPORTS AND REMITTANCES FROM TOWN OFFICERS:
Resolution #88-2.12.20
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 January 2020, 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, Lenhard, Perry, Uschold
Nays: None
V. TOWN AUDITS:
Resolution #89-2.12.20
Introduced by Councilman Cole
Seconded by Councilman Uschold
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 $ 1,505,455.72
Part-Town Fund 7,358.41
Highway Fund 57,199.52
Sewer Funds 295,151.42
Lighting Funds 103.41
TOTAL $1,865,268.48
Prepaid Expenses (01/23/2020 – 02/11/2020):
General Fund $ 591,015.00
Part-Town Fund 7,922.79
Highway Fund 26,177.71
Trust & Agency Fund 149,789.15
TOTAL $ 774,904.65
GRAND TOTAL ALL CLAIMS: $ 2,640,173.13
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold
Nays: None
VI. CORRESPONDENCE RECEIVED AND FILED:
None
VII. REPORTS FROM TOWN OFFICERS:
Gay H. Lenhard, Supervisor
No report.
Thomas J. Cole, Councilman
No report.
Malcolm E. Perry, Councilman
1. I was at a Senior Center board meeting on the 3rd and they are discussing some renovations they are doing. They had a nice couple upstairs renting so that was helpful and now we are out scouring trying to find people to do that.
Thomas J. Uschold, Councilman
No report.
Richard Vargo, Deputy Highway Superintendent
No report.
Noelle M. Burley, Town Clerk
Absent
Daniel G. Schum, Town Attorney
1. Unfortunately during the last few weeks I am going down the list of resolutions, one is the item number 3 which is a partial release of judgement and that has to do with a code enforcement matter that I would recommend the board adopt.
2. The Pro Champ resolution is an annual thing, one of the issues that they have run into is that there are mortgages that are in foreclosure and the banks have filed a notice that they have started the foreclosure process but the owners are still in occupancy and the banks are objecting to pay Pro Champs a registration fee of $500 because the people who are living there are primarily responsible to maintain their property and as long as they are there the town should seek enforcement from them first. The concept of a zombie home is that abandoned property where the owners have left and then the bank would be responsible. I recommend approval of the resolution.
3. There are two resolutions that Noelle made me aware of. We adopted Local Law #4-2019 in December and it didn’t get filed with the State until early January and they rejected it because it was filed in the wrong year so we are re-adopting Local Law #4-2019 as Local Law #1-2020 and resubmitting it to the State. Then we have a resolution to set a Public Hearing date for Local Law #2 which is the second half of Local Law #4- 2019 that the board pulled out of having to do with trailers and how many you could have.
4. I would suggest that the board table resolution #97 the dedication of a roadway within the town. That’s about it.
VIII. UNFINISHED BUSINESS:
None
IX. NEW BUSINESS
Resolution #90-2.12.20
Introduced by Councilman Uschold
Seconded by Councilman Perry
WHEREAS, John Crooks has submitted his resignation from the Town of Ogden Zoning Board of Appeals, and
WHEREAS, this resignation will be effective February 7, 2020.
NOW, THEREFORE BE IT RESOLVED:
SECTION I: That the Town Board of the Town of Ogden does hereby accept, with regret, the resignation of John Crooks effective February 7, 2020.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold
Nays: None
Resolution #91-2.12.20
Introduced by Councilman Perry
Seconded by Councilman Uschold
WHEREAS, the Town of Ogden has determined that the following items owned by the Town of Ogden are no longer suitable or needed for municipal purposes:
(4) Volleyball standards and nets
(4) Pickleball nets
(Multiple) foam hockey sticks
badminton racquets
lacrosse sticks
football equipment
track/field equipment
toys/books/puzzles
old summer camp/swim t-shirts
WHEREAS, pursuant to the provision of Town Law, the Town Board of the Town of Ogden may dispose of property no longer needed for public purpose;
NOW, THEREFORE BE IT RESOLVED that by adoption of this resolution, the Town Board of the Town of Ogden does hereby declare the above items as surplus and authorize the Parks and Department to dispose of the above listed property.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
Resolution #92-2.12.2020
Introduced by Councilman Uschold
Seconded by Councilman Cole
Recreation
RESOLVED, that the Supervisor be, and she hereby is, authorized to execute a Partial Release of Judgment concerning a certain Judgment in favor of the Town of Ogden against Viktor Neverenko, which Partial Release concerns only premises at 53 Hobbes Lane, Monroe County, New York, in consideration of the payment to the Town of Ogden of the sum of $10,000.00 to be applied in partial satisfaction of such judgment.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
Resolution #93-2.12.20
Introduced by Councilman Uschold
Seconded by Councilman Cole
RESOLVED, that the Supervisor be and she hereby is authorized to execute Amendment No. 3 by and between the Town of Ogden and Property Registration Champions, LLC “Pro Champs,” extending the existing agreement through February 26, 2021.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
Resolution #94-2.12.20
RESOLUTION AND NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE LOCAL LAW #1-2020
Introduced by Councilman Uschold
Seconded by Councilman Perry
WHEREAS, the Town Board of the Town of Ogden previously proposed to enact Local Law No. 4 of the year 2019 which local law proposed to AMEND CERTAIN PROVISIONS of Chapters 300 of the Codes of the Town of Ogden relating to §38 – Solar Energy System Overlay Districts, §87-Unlicensed Motor Vehicles, §82-Campers, Trailers and Mobile Homes, and §300-85 Commercial Vehicles; and
WHEREAS, prior to the enactment of such local law, the Town Board must determine the environmental significance, if any of the proposed action; and
WHEREAS, upon a review of Type II Actions, Actions deemed not to have any significant adverse environmental impact, it appears that “routine or continuing agency administration and management” are listed Type II Actions, and are actions deemed not to have any significant effect upon the environment;
NOW, THEREFORE, be it resolved by the Town Board of the Town of Ogden, Monroe County, New York, as follows:
SECTION I: That by the adoption of this Resolution the Town Board does Find and Determine that the proposed adoption of Local Law #1 of the year 2020, is a Type II Action, an action deemed not to have any adverse environmental impacts.
SECTION II: That the enactment of Local Law #1 of the year 2020 may proceed without further regard to the provisions of SEQR.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
Resolution #95-2.12.20
RESOLUTION AND FINAL ORDER INTRODUCTORY LOCAL LAW # 1- 2020
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 Cole
WHEREAS, the Town Board of the Town of Ogden did heretofore publish Legal Notice to consider the enactment of Introductory Local Law #1-2020 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 #1-2020 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 self- locking 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, Lenhard, Perry, Uschold Nays: None
Resolution #96-2.12.2020
RESOLUTION INTRODUCTORY LOCAL LAW # 2-2020
A Local Law to amend Chapter 300-82 (Campers, Trailers and Mobile Homes) of the Town of Ogden Code
Introduced by Councilman Perry
Seconded by Councilman Uschold
WHEREAS, an amendment has been suggested to Chapter 300-82 of the Code of the Town of Ogden; and
WHEREAS, it is necessary for the Town Board to hold and conduct a public hearing to consider the enactment of such Code change;
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 shall hold and conduct a Public Hearing to consider the enactment of Introductory Local Law # 2-2020, which Public Hearing shall be held and conducted on the 11th day of March 2020 at 7:00 p.m., at the Ogden Community Center, 269 Ogden Center Road, Spencerport, New York, and at which hearing all interested persons shall be heard concerning the subject matter thereof.
SECTION II: That the Town Clerk shall give due legal notice of such Public Hearing as required by Law.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
*Resolution #97-2.12.20 Councilman Cole moved to table and Councilman Perry seconded his decision*
Resolution #97-2.12.20
Introduced by Councilman
Seconded by Councilman
WHEREAS, the developer of Blackburn Knoll Subdivision has offered Blackburn Knoll for dedication; and
WHEREAS, such roadway has been inspected and approved for dedication by the Town Highway Superintendent.
NOW, THEREFORE BE IT RESOLVED:
SECTION I: That by adoption of this resolution, the Town Board does hereby accept the dedication of Blackburn Knoll, as a public roadway and does authorize the Town Attorney to cause to be recorded the deed of dedication the same.
Vote of the Board:
Ayes: Nays:
Resolution #98-2.12.20
Introduced by Councilman Uschold
Seconded by Councilman Cole
WHEREAS, there is a vacancy on the Zoning Board of Appeals due to the resignation of Jack Crooks and;
WHEREAS, interviews were conducted with qualified candidates and Lori Stone was found to be qualified and desirous of the position.
NOW, THEREFORE BE IT RESOLVED:
SECTION I: That the Town Board of the Town of Ogden does hereby appoint Lori Stone as a member of the Ogden Zoning Board of Appeals and said appointment shall become effective February 13, 2020 with term to expire on December 31, 2025.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold Nays: None
X. ADJOURNMENT Resolution #99-2.12.20
Introduced by Councilman Uschold
Seconded by Councilman Cole
RESOLVED, that the Regular Meeting of the Town Board of the Town of Ogden be and hereby is adjourned to Work Session at 7:09 p.m., at which time the public was invited to attend, and hereby is adjourned at 7:30 p.m.
Vote of the Board:
Ayes: Cole, Lenhard, Perry, Uschold
Nays: None
https://www.ecode360.com/documents/OG0089/public/539972820.pdf
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