I. CALL TO ORDER: (7:30 PM) - Town of Ogden

PLEDGE OF ALLEGIANCE: 

REGULAR TOWN BOARD MEETING 

January 25, 2006 

I. CALL TO ORDER: (7:30 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 

Lynn A. Bianchi, Town Clerk 

Daniel Schum, Town Attorney 

David H. Widger, Highway Superintendent 

Jim Horek, Director, Buildings & Grounds 

Kip Finley, Avery Engineering 

Peter Morse, Peter L. Morse & Associates, Architects, AIA 

Dave Rowley, Saucke Assoc. 

4 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. 

DEPARTMENT HEAD REPORT – Jim Horek, Director, Buildings & 

Grounds 

2005 Accomplishments: 

• Painted under windows, repaired and painted exposed wood outside 

Community Center 

• Painted all town offices, hallways, foyers 

• Painted Police Department and Recreation Department 

• Repaired underground electric that feeds the meter at the filtration building in 

Pineway Ponds Park 

• Hooked up electric for new filtration system, spray pad, Pineway Ponds Park 

• Worked with Highway Dept. and contractors reconstructing new curbs and 

handicap ramp at flagpole, Community Center 

• Installed new electric and water service for the new park maintenance facilities, 


• Installed all the lighting and outlets at the new maintenance facilities, Pineway 

Ponds Park 

• Hooked up electric to compressor in Highway Garage and installed 3/4" pipe 

from overhead to compressor


• Ran 1 l/2" copper pipe overhead from wash bay to office inlet, about 130 ft. to 

solve the water problem in the Highway Facility 

• Ran 80 ft. 1/2" pipe overhead for compressed air to add two more drops in 

Mechanic's bay in the Highway Facility 

• Took out old cement steps and dug down 5 ft. x 14 ft. x 25 ft. for a base to 

construct a handicap ramp and stairs with railing at the Little Red Schoolhouse 

• Installed a four-seat swingset at Pineway Ponds Park 

Goals for 2006: 

• Paint Police Department and Recreation Department inside 

• Finish work on splash pad at Pineway Ponds Park 

• Finish electric and construction of office breakroom of maintenance facility, 


• Install new shelves along west wall, Park maintenance facility 

• Make and install a work bench, Park maintenance facility 

• Paint inside of gym at Community Center 

• Repair cracks in sidewalks at Community Center 

• Determine whether parking lot surface at Community Center needs sealing 

• Investigate putting a window in between hallway and Court office. 

Councilman Uschold: How is this building holding up, in general? 

Jim Horek: I think it's doing pretty good. We are going to have to start looking 

into getting a new roof. The warranty expires in 2007. 

Supervisor Lenhard: Jim and I go around and through the whole building every 

August to determine what we think we need to put in the next year's budget. Jim is 

really good about establishing goals for the future so we can start earmarking some 

reserve money. Councilman Uschold: How are we doing on heat pumps? Jim 

Horek: We just had to put one in the Recreation Department. There was one 

other we had to replace in the Police Department. Supervisor Lenhard: Jim 

reminds us at budget time each year that we may need another heat pump so we 

have money in the reserve account in case we need one. We budget one or two for 

every year in case we need one. Jim Horek: It is cheaper to install a new heat 

pump as opposed to repairing. A new heat pump is about $1,500 installed. 

Councilman Perry: Do you think you can get the whole gym painted in two 

weeks? Jim Horek: Yes, I painted it once before. We use a scissor lift. 

Councilman Feeney: Is the new maintenance facility at the park heated? 

Jim Horek: No. Just the office will be, roughly 16' X 20' in size. Supervisor 

Lenhard: How will that be heated? Jim Horek: We took electric baseboard heat 

out of the old Highway office and old doors and cupboards and alot of parts out of 

the old pole barn to use again. We saved alot of money. Supervisor Lenhard: 

That's terrific. Councilman Uschold: Did you work on the old Highway office? 

It looks really nice now. Jim Horek: No. Supervisor Lenhard: Jim was able 

to recycle alot of things from that building and put it into the maintenance facility. 

Councilman Perry: Did the shelves you put in the new maintenance building 

come assembled? Jim Horek: I am sure we will have to put them together, but it 

will be nice. We won't have to have to have any ladders; we can put stuff up with 

fork lifts. Supervisor Lenhard: I think that facility is going to be a big advantage 

to you, Adam and the guys who work at the park. Jim Horek: Yes, definitely. 

We are all excited. Supervisor Lenhard: If we had to pay an outside vendor for 

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all the things that you do here, it would cost us alot more money. I am very proud 

of you, and I know that you learn alot of things when people come in and repair 

things in front of you, so that you know how to do it the next time. We all 

appreciate that very much. Thanks, Jim. 

II. APPROVAL OF THE MINUTES: 

None 

III. PRIVILEGE OF THE FLOOR: 

None 

IV. REPORTS AND REMITTANCES FROM TOWN OFFICERS: 

None 

V. TOWN AUDITS: 

Resolution #75-1/06 

Introduced by Councilman Cole 

Seconded by Councilman Uschold 

BE IT RESOLVED, that the General Fund, Part-Town Fund, 

Highway Fund, Drainage Fund, Lighting Districts Fund, Water Districts Fund and 

Sewer Districts Fund being vouchered and submitted for audit, chargeable to the 

respective funds be approved: 

General Fund $464,319.57 

Part-Town Fund 24,100.35 

Highway Fund 111,596.75 

Sewer Districts Fund 223,656.93 

Drainage Fund 1,068.79 

Water District Funds 12,493.74 

Lighting District Funds 5,942.95 

TOTAL……………….… $848,448.43 

Vote of the Board: 

Ayes: Cole, Feeney, Lenhard, Perry, Uschold 

Nays: None 

VI. CORRESPONDENCE RECEIVED AND FILED: 

1. Congratulatory note to Supervisor Lenhard from Bill Diamond, Energetix, for 

her Athena Award nomination. 

2. Letter to Supervisor Lenhard from Daniel J. Burns, M&T Bank, congratulations 

for her Athena Award nomination. 

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3. Letter to Supervisor Lenhard from Claire Fisher, P.E., congratulations on her 

Athena Award nomination. 

4. Letter to Supervisor Lenhard from Sandra Parker, Rochester Business Alliance, 

congratulations on her Athena Award nomination. 

5. Letter to Supervisor Lenhard from Chamberlain D’Amanda, Oppenheimer & 

Greenfield LLP, congratulations on her Athena Award nomination. 

6. Letter to Supervisor Lenhard from Senator James Alesi, congratulations on her 


7. Letter to Supervisor Lenhard from Barbara Melnyk, GVP Publications, 


8. Letter to Supervisor Lenhard from Richard Nowlin, RPO, congratulations on 

her Athena Award nomination. 

9. Congratulations note to Supervisor Lenhard from Pat Grover, Access Creative 

Customer Service Solutions. 

10. Letter to Supervisor Lenhard from Joseph Muniz, Spencerport Fire District, 

regarding personnel changes information and her return e-mail to him. 

11. Development Review Response Form of 15 Evergreen St. from Monroe County 

Department of Planning & Development. 

12. Letter to Supervisor Lenhard from Geoff Feltner, The Feltner Group, 


13. Letter to Supervisor Lenhard from Bobbie Cohen, Synthesis Management 

Group, congratulations on her Athena Award nomination. 

14. Letter to Supervisor Lenhard from Scott Ellsworth, Excellus Blue Cross Blue 

Shield, congratulations on her Athena Award nomination. 

15. Letter to Supervisor Lenhard from Albert Simone, R.I.T., congratulations on her 


16. Letter to Supervisor Lenhard from Cindy Vranich, American Cancer Society, 

thanking her for sponsoring Westside Relay for Life at Spencerport Information 

Meeting. 

17. Letter to Supervisor Lenhard from Jacqueline Phipps Polito, Phillips Lytle LLP, 

congratulations on Athena nomination. 

VII. REPORTS FROM TOWN OFFICERS: 

Gay H. Lenhard, Supervisor 

1. I went to the first D.A.R.E. graduation under Officer Barton at St. John's. It 

was delightful to have him back in this role. I enjoyed watching him with the 

children. He did a great job. 

2. I will be going to the Munn School tomorrow for their D.A.R.E. graduation. 

3. Last Friday I walked in the Village with Chief Nordquist who does this every 

Friday. He walks through the Village and makes sure the businesses are OK 

and says "hi." It was a joy to walk with him and watch the people in the Village 

who look forward to seeing him. We stopped at the Senior Center. They love 

seeing him come in there. He is much loved in the business community and 

they feel a real level of safety having him around. 

4. Lynn and I attended the Rally for Life meeting last week, which is a fundraiser 

for cancer. I learned alot more about it. The rally is held on June 2 and 3 and 

people who are cancer survivors and family members raise funds for cancer. 

They have a walk around the track, with luminaries. Lynn and I have gotten 

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involved with it. It is quite an event and for a good cause. 

5. I met with Behan Associates and our Chairman Dave Feeney last week. They 

were explaining where they are and where they're going. I feel very confident 

that we are headed in the right direction. There will be a meeting on Friday 

with about 14 farmers who have signed up to see what their concerns are before 

they make recommendations on how we are going to help save the farmlands. 

Thomas J. Cole, Councilman 

1. I met with the Library Board. We have read in the papers alot that the libraries 

are in serious trouble, especially with membership fees because Monroe County 

Library System provides alot of the services. The fees are more than doubling 

and by 2007 our fee to belong to the Monroe County Library System will be 

about $16,000 a year. This year it is about $9,000. They are looking at 

alternatives but to go on your own and provide the same services is super 

expensive. They are really working hard to control the budget, but these are the 

things that are coming down the pike. The funds are not coming from the 

Federal, State or County governments. 

David F. Feeney, Councilman 

1. The Open Space Committee will meet with about 20 farmers this Friday from 

10:00 - 12:00. It will be good to get their input. We are going ahead, and I 

think in another 4 or 5 months we might have a plan to adopt. Supervisor 

Lenhard: I am impressed on how it is going. We have come a long way. 

Malcolm E. Perry, Councilman 

No report. 

Thomas J. Uschold, Councilman 

1. I attended the Planning Board meeting two weeks ago. There was a public 

hearing on Sandy Knoll. There was a good crowd, and I really have to 

compliment the Chairman. Lee did a great job of having people come up and 

speak, but also limiting the discussion to new items. He handled it very well. 

Most of the issues were the same things we heard from area residents when we 

had the public information meeting in August. There hasn't been anything new. 

It brought in more of the neighbors who live on Widger Road and some of their 

concerns with traffic and those types of things. The meeting itself was handled 

well, and we are aware of the issues. 

2. I met with Jack Crooks and talked about some of the things we would like to 

work on this year to evaluate pieces and structure of the code. We will talk 

about that more as we move forward. 

David H. Widger, Highway Superintendent 

1. We took down the old Highway office after everyone salvaged items that were 

useable. It took about 25 minutes to put it on the ground and about 8 hours of 

work to haul it to the Mill Seat landfill. 

2. We have been busy cleaning out ponds and doing drainage work. 

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3. We have been working on our proposed sanitary sewage project. It has been 

renamed as the Northwest Monroe County Regional Waste Water Conveyance 

Project. The Towns of Greece and Ogden, Village of Spencerport and Monroe 

County Pure Waters are working together on it. 

4. We have also been working on other numerous things, such as getting road 

work ready for next year, street crossings, surveying projects and planning work 

for this year and the future. 

5. We have a resolution in tonight for an agreement with the Village of 

Spencerport to get grant money for flooding issues on both the east and west 

branches of Northrup Creek which contributes to the flooding in the Village. 

We have several letters of support from Senator Maziarz, Assemblyman 

Reilich, NYS D.O.T. and many agencies. Hopefully, we will be successful in 

getting the grant money. I look forward to that project. 

Lynn A. Bianchi, Town Clerk 

No report. 

Daniel G. Schum, Town Attorney 

1. I sent out some easements for a project off of old Lyell Road, but I only have 

two back. I will circulate another letter. 

VIII. UNFINISHED BUSINESS: 

None 

IX. NEW BUSINESS: 


Introduced by Councilman Perry 


WHEREAS, a vacancy exists on the Assessment Board of Review 

due to the resignation of Gary Boughter, and 

WHEREAS, Cheryl Rozzi, 26 Barkwood Lane, Spencerport, NY 

14559, has submitted her application and expressed her desire to be considered as a 

candidate for appointment to the Assessment Review Board. 

NOW, THEREFORE BE IT RESOLVED: 

SECTION I: That Cheryl Rozzi, 26 Barkwood Lane, Spencerport, NY 14559, 

be and hereby is appointed to fill the vacancy on the Assessment Review Board. 

SECTION II: That said appointment shall become effective January 1, 2006 

with term to expire September 30, 2008. 


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Nays: None 


Introduced by Councilman Feeney 

Seconded by Councilman Cole 

WHEREAS, there is a need for a full-time Laborer in the Highway 

Department, and 

WHEREAS, Cody Brongo, 67 South Main St., Churchville, NY, did 

make application to the Town, was interviewed and found to be qualified. 


SECTION I: That the Town Board of the Town of Ogden does hereby approve 

the appointment of Cody Brongo as a full-time Laborer in the Highway 

Department at a rate of $12.36 per hour, effective January 23, 2006, with a twelvemonth 

probationary period. 



Nays: None 




RESOLVED, that the Supervisor be and hereby is authorized to sign 

the Intermunicipal Cooperation Agreement for the Purchase of Certain Goods and 

Services between the Town of Ogden and the Town of Greece. 



Nays: None 


Introduced by Councilman Uschold 

Seconded by Councilman Perry 

WHEREAS, Brent C. Mackey, 7105 Chili Avenue, Rochester, NY 

14624, has made application to the Town Board of the Town of Ogden to rezone 

from R-1 Single-Family Residential to NC Neighborhood Commercial, an existing 

parcel of land located at 4000 Buffalo Road, being approximately 2.167 acres, 

bounded and described as follows: 

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ALL THAT TRACT OR PARCEL OF LAND, situate in the Town 

of Ogden, County of Monroe and State of New York, being part of Lot No. 213, 

and more particularly bounded and described as follows: 

Beginning at the intersection of the Buffalo Road and the Stony Point Road and 

running north 87 degrees 30 minutes west along the north line of said Lot No. 213, 

a distance of 1015.08 feet to a point; thence south 36 degrees 30 minutes west, a 

distance of about 168 feet 6 inches to a point, being the intersection of the 

northeasterly line of Lot No. 2; thence south 60 degrees east along the 

northeasterly line of said Lot No. 2 and said line continuing to a point in the center 

of Buffalo Road; thence northeasterly along the center line of Buffalo Road to the 

place of beginning; being all that part of the premises on the north side of Buffalo 

Road shown on a map made by J. F. Bonner and filed in Monroe County Clerk’s 

Office in Liber 74 of Maps, Page 2, adjacent to and lying northeast of said Lot No. 

2, and being also a part of the premises conveyed by James McFee and wife to 

William E. Oppel and wife and Martha Appel (now deceased) by deed recorded in 

Monroe County Clerk’s Office in Liber 1417 of Deeds, Page 317. 

Excepting therefrom the premises conveyed by William E. Oppel and Esther 

Oppel, his wife, to Edward R. Wirth and Lena M. Wirth, his wife, by deed 

recorded in Monroe County Clerk’s Office in Liber 1911 of Deeds, at Page 296. 

WHEREAS, it is necessary to hold and conduct a public hearing 

upon such application for rezoning. 

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 upon such application for rezoning; which public hearing shall be 

conducted at 7:30 p.m. on the 22 nd day of February 2006 at the Ogden Community 

Center, 269 Ogden Center Road, Spencerport, New York, at which time all 

interested persons shall be heard concerning the subject matter thereof. 

SECTION II: That the Town Board accept for filing the Environmental 

Assessment form prepared by the applicant. 

SECTION III: That the Environmental Assessment form be referred to the 

Ogden Conservation Board for review and comment, and to the Monroe County 

Planning Department, and that due legal notice be given as required by law. 

SECTION IV: That the Town Clerk shall cause due notice of such public hearing 

to be given by publication and posting as required by law. 



Nays: None 


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WHEREAS, the Town Board of the Town of Ogden did heretofore 

and pursuant to legal notice duly given, advertise for bids for the furnishing of one 

(1) unused tandem axle fifth wheel tractor with wet lines in accordance with bid 

specifications prepared by the Town of Ogden for such purpose; and 

WHEREAS, due legal notice of such advertisement for bids was duly 

published as required by law; and 

WHEREAS, all bids so received in response to the Notice to Bidders 

have been reviewed by the Highway Superintendent; and 

WHEREAS, upon such review, it was recommended that the bid of 

Tracey Road Equipment in the amount of $92,785.00 be accepted as the lowest 

responsible bid substantially in accordance with the lowest responsible bid found 

to be equivalent in character, materials, warranties and value to the specifications 

originally furnished by the Town. 


SECTION I: That the Town Board of the Town of Ogden does hereby accept the 

bid of Tracey Road Equipment in the amount of $92,785.00 for the furnishing of 

one (1) unused tandem axle fifth wheel tractor with wet lines in accordance with 

the bid specifications and Notice to Bidders. 

SECTION II: That the successful bidder be notified of this award. 



Nays: None 




WHEREAS, the Town Board of the Town of Ogden did heretofore 

and pursuant to legal notice duly given, advertise for bids for the furnishing of one 

(1) unused tandem axle truck with dump body and plow equipment installed in 

accordance with bid specifications prepared by the Town of Ogden for such 

purpose; and 

WHEREAS, due legal notice of such advertisement for bids was duly 

published as required by law; and 

WHEREAS, all bids so received in response to the Notice to Bidders 

have been reviewed by the Highway Superintendent; and 

9


WHEREAS, upon such review, it was recommended that the bid of 

Tracey Road Equipment in the amount of $159,666.00 be accepted as the lowest 

responsible bid substantially in accordance with the lowest responsible bid found 

to be equivalent in character, materials, warranties and value to the specifications 

originally furnished by the Town. 


SECTION I: That the Town Board of the Town of Ogden does hereby accept the 

bid of Tracey Road Equipment in the amount of $159,666.00 for the furnishing of 

one (1) unused tandem axle truck with dump body and plow equipment installed in 

accordance with the bid specifications and Notice to Bidders. 

SECTION II: That the successful bidder be notified of this award. 



Nays: None 




WHEREAS, Albert Smith has submitted his intent to retire from his 

position as an Automotive Mechanic in the Highway Department, and 

WHEREAS, this retirement will be effective January 31, 2006. 


SECTION I: That the Town Board of the Town of Ogden accepts, with regret, 

the retirement of Albert Smith from his position as an Automotive Mechanic in the 

Highway Department. 



Nays: None 




WHEREAS, there is a need for a full-time Head Automotive 

Mechanic in the Highway Department due to the resignation of Russ Cammarata, 

and 

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WHEREAS, Douglas Kimmel, 16699 Telegraph Rd., Holley, NY 

14470, did make application to the Town, was interviewed and found to be 

qualified. 


SECTION I: That the Town Board of the Town of Ogden does hereby approve 

the appointment of Douglas Kimmell as a full-time Head Automotive Mechanic in 

the Highway Department at a rate of $21.12 per hour, effective February 6, 2006, 

with a twelve month probationary period. 



Nays: None 


Introduced by Councilman Perry 


RESOLVED, that the Town Board of the Town of Ogden does 

hereby approve hiring the following seasonal Recreation Attendant in the Parks & 

Recreation Department (paid percentage of proceeds per contractual agreement), 

effective January 19, 2006: 


Larry Ingram 


Nays: None 


Introduced by Councilman Uschold 


WHEREAS, $75.00 was received from Walter Gatti, 2800 Nichols 

St., Spencerport, NY, for Building Permit #B-7-2006 for an accessory structure, 

and 

WHEREAS, the building permit fees collected were inadvertently 

applied to Town funds, and 

WHEREAS, this permit should have been issued by the Village of 

Spencerport. 


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SECTION I: That the Town Board of the Town of Ogden does hereby authorize 

a refund in the amount of $75.00 to the Village of Spencerport. 



Nays: None 




Shared Municipal Services Incentive (SMSI) Grant Program, 2005-2006 

Village of Spencerport/Town of Ogden Northrup Creek Flood Control Capital 

Improvement Project 

WHEREAS, the Town of Ogden Town Board (hereinafter referred to 

as Town Board), has received information and a grant application packet from the 

New York State Department of State concerning the above referenced SMSI grant 

program; and 

WHEREAS, the Village of Spencerport Village Board has 

determined that the proposed joint flood control capital improvement project, 

identified above herein, is an eligible item to receive funding under the SMSI 

Grant Program; and 

WHEREAS, the Village Board has identified an eligible project to be 

flood control structures which are to be located along two main branches of 

Northrup Creek within the Town of Ogden; and 

WHEREAS, the grant funds being requested will be used to pay for 

engineering the design of the flood control structures, obtaining all necessary 

permits and for constructing flood control structures to regulate storm water flows 

into the Village of Spencerport; and 

WHEREAS, the Town Board has reviewed and accepted the MRB 

Group, P.C., the Village Engineers for the Village of Spencerport, which identifies 

the cost of engineering services for this project to be $50,000.00 and the cost for 

construction is estimated at $150,000.00, including contingency, for a total project 

cost of $200,000.00; and 

WHEREAS, the Town Board acknowledges that there is a required 

local share of cash funds which must be equal to ten percent of the grant amount 

being requested from the Department of State under the SMSI Grant Program; and 

WHEREAS, the Town Board does hereby declare its intent to 

participate in this project; and 

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WHEREAS, the Town Board does hereby commit a total of 

$10,000.00 in cash as its share of town funds toward the total grant amount being 

requested of $200,000.00; and 

WHEREAS, the Town Board understands that the Village of 

Spencerport is willing to commit $10,000.00 in cash toward the total project cost, 

as their share of the cost for the proposed capital improvement project; and 

WHEREAS, the Village Board has declared its intent to be 

designated the Lead Applicant responsible for the preparation of the SMSI Grant 

Application to the Department of State; and 

WHEREAS, the Village Board has acknowledged that as the 

designated Lead Applicant, the Village Board has designated the Village Mayor as 

the representative to act on behalf of the Village Board and the Ogden Town Board 

in all matters related to this financial assistance. 

NOW, THEREFORE BE IT RESOLVED that the Town Board 

does hereby approve of this resolution to contribute $10,000.00 in cash to be used 

as the Town's share of the total costs associated with the above referenced SMSI 

Grant Application. 

BE IT FINALLY RESOLVED that the Town Board directs the 

Town Clerk to provide the Spencerport Village Clerk and the RLB Planning Group 

with certified copies of this resolution as soon as possible. 


Ayes: Cole, Feeney, Lenhard, Perry 

Nays: Uschold 

Councilman Uschold: I am concerned about the management of the funds and 

how it will be organized and structured. 

X. ADJOURNMENT: 




RESOLVED, that the Regular Meeting of the Town Board of the 

Town of Ogden be and hereby is adjourned to Work Session at 8:00 p.m., at which 

time the public was invited to attend, and hereby is adjourned at 9:35 p.m. 



Nays: None 


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RESOLVED, that the Regular meeting of the Town Board of the 

Town of Ogden reconvened at 9:35 p.m. and moved to Executive Session, to 

discuss litigation and hereby is adjourned at 9:50 p.m. 



Nays: None 

Respectfully submitted, 

LAB/dmk Lynn A. Bianchi, Town Clerk 

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I. CALL TO ORDER: (7:30 PM) - Town of Ogden

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