REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 14, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Supervisor Donald Steger
PRESENT: Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Deputy Highway Superintendent Charles White
COUNCILPERSONS:
Christopher Schaeffer
John Sedota
Ann Eckman
ABSENT: Brett Christy
The Pledge of Allegiance of the Flag was recited prior the scheduled public hearing held at 6:15P.M.
DULY MOVED by Supervisor Steger to accept the minutes of the January 10, 2018 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion carried.
DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 2 of 2018. The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
General Fund Town Wide $19,816.21
General Fund Part Town $543.71
Highway Fund Part Town $23,755.53
Berry Road Water District $11,940.99
Chestnut Road Water District $3,616.92
North End Water District $46,183.27
Rt. 20 Water District $110.68
Rt. 20 Sewer District $170.13
Rt. 60 Water District $8,492.13
Rt. 60 Sewer District $11,119.72
Sewer District One $4,424.62
Sewer District Two $2,074.84
Lakeview Sewer District $198.04
Lily Dale Sewer District $153.71
Lily Dale Fire District $30,008.00
Pomfret Fire Protection district $347,179.00
Capital Projects $4,000.00
TOWN CLERK REPORTS- Pomfret Town Justices reports for January 2018 are as follows:
Justice Pulci Total Cases: 151
Total Fines & Surcharges: $11,141.00
Justice Dietzen Total Cases: 178
Total Fine & Surcharges: $17,908.00
- The Historian report for February 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
- The Fredonia Fire Department December 2017 report is on file in the Clerk’s office. There was a total of 155 calls, with 39 being within the Town of Pomfret.
- The Fredonia Fire Department Annual 2017 report is on file with the clerk’s office. There was a total of 1, 970 calls with 390 being within the Town of Pomfret.
- The Fredonia Fire Department January 2018 report is on file in the Clerk’s Office. There was a total of 190 calls with 40 being within the Town of Pomfret.
- The Clerk’s office is now offering online dog license renewals. Residents can go to the town’s website, www.townofpomfretny.org, select the ‘Town Clerk’ tab, select the link located on the page to renew their dog license. The license must be current with rabies in order to process online. There is a $1.75 charge to process the payment in addition to the license fee. This is for renewals only with current rabies on file in the clerk’s office.
- A motion made by Councilwoman Eckman, seconded by Councilman Schaeffer, to approve the request of the Town Clerk to attend the annual New York State Town Clerk’s Association Conference to be held in Albany, New York, April 23-25, 2018 as fees allowed in the Clerk’s budget and at a reasonable cost to the town. The motion carried.
- A motion made by Councilwoman Eckman, seconded by Councilman Schaeffer, to approve the request of the Town Clerk to attend the annual Association of Towns conference February 19-21,2018 as fees allowed in the Clerk’s budget and at a reasonable cost to the town. The motion carried.
AUDIENCE CONCERNS:
- Steve Wasiura, Pomfret resident addressed the board stating his opposition to the zoning changes. He submitted a letter to the Pomfret Town Board stating his opposition and requests. This letter is on file in the clerk’s office and available for review during normal Town Hall business hours.
- Jeff Lee, Chautauqua Road resident, asked the board what the procedure is to address the board with any concerns. He was instructed to submit a letter in writing to the Town Clerk, who will then copy the board of the letter submitted. He also commented on the drainage ditches located on Chautauqua Road. Deputy Highway Superintendent, Charles White, stated in the spring he will look into the issues brought before the board.
- Dominic Bellanti, owner of Owl Homes of Fredonia, requested sewer service to his property. Mr. Bellanti was informed his property in neither sewer district located on Rt. 20, in the Town of Pomfret. The necessary steps to be included in the sewer district would be to create an extension of the district. This would need a map, plan, and report showing the improvements and maximum cost of the project.
SUPERVISOR STEGER
- Supervisor Steger made a motion, seconded by Councilwoman Eckman to approve the request to be paid upon receipt for the Laona Easter Egg Hunt, held March 31, 2018 at 10:00A.M. The amount is not to exceed $100.00. the motion was carried unanimously.
- Supervisor Steger made a motion appoint Town Clerk Dispense as the alternate delegate for the Associations of Towns Conference. The motion was seconded by Councilman Schaeffer and carried.
- Supervisor Steger made a motion to approve the purchase of three file cabinets for the Planning/Zoning and Tax office. To do so, a budget transfer from ‘contractual expenses’ to ‘equipment’ will be done. The price for the cabinets are NYS bid thru Geer Dunn of Jamestown, N.Y. The cost is not to exceed $999.76. The motion was seconded by Councilman Schaeffer and carried unanimously.
- The Pomfret Town Board has received letters of interest for the vacancy on the Pomfret Zoning Board of Appeals. Councilman Schaeffer and Zoning Board of Appeals Chairman, David Fridmann, will be in contact to conduct interviews for the vacancy.
- Supervisor Steger made a motion to schedule a Public Hearing on Wednesday, March 14, 2018 at 6:15P.M. for the purpose of amending Local Law No.2 of 1995, and amending Local Law No. 2 of 2014. The motion was seconded by Councilman Sedota and carried.
Section One – Purpose: The Town Board of the Town of Pomfret does desire to amend certain sections of the Pomfret Zoning Law and Code based upon recommendations from the Planning Board of the Town of Pomfret. The Town Board of the Town of Pomfret intends to exercise its authority granted to it under the Town Law, General Municipal Law, and Municipal Home Rule of the State of New York to enact local provisions providing for the health, safety, welfare and use of property and protection of property as provided therein, and exercising those powers as provided in general state statutes recited above.
Section Two – Definitions: There is added to Section 300-6 of Chapter 300 of the Town of Pomfret Code and Zoning Law the following definitions:
Assisted Living Facility: An assisted living residence or assisted living facility (ALF) is a housing facility for people with disabilities, or for adults who cannot or chose not to live independently. The term is similar to a retirement home in the sense that facilities provide a group living environment and typically cater to an elderly population. All such facilities must be under the regulatory oversite of the New York State Department of Health. All such entities and institutions desiring to locate within the Town of Pomfret must possess a license issued by the Department of Health of New York State.
Bowling Alley: A bowling alley (or bowling center) is a facility where the sport of bowling, often ten-pin bowling, takes place. They contain long, narrow wooden lanes (or alleys) and depending on the building size, the number of lanes can range from just a few to a large number. A Bowling Alley may or may not include retail sales and service, a bar and/or restaurant.
Commercial Storage Units: Commercial storage facilities rent space on a short-term basis or longer term basis to individuals for the storage of household goods; or to businesses for the storage of excess inventory or archived records. No such units shall be inhabitable or used as a temporary or permanent abode or residence.
Distillery Retail and Manufacturing: A place for the production and distillation of alcohol and alcoholic spirits. Together with tasting rooms, show room, and which may, if properly licensed, involve distribution and sales to licensed distributors or directly to the public. All such facilities must possess all necessary and proper New York State licenses under the Alcohol Beverage Control Law, and comply with all State alcohol regulations for distribution and sale.
Hospital and Healthcare Facility: An institution including buildings and grounds providing medical, hospital, healthcare services under a certificate of need and licensed by the Department of Health of the State of New York. All such facilities must be under the regulatory oversite of the Division of Hospitals and Diagnostic and Treatment Centers under the New York State Department of Health. All such entities and institutions desiring to locate within the Town of Pomfret must possess a certificate of need and a license issued by the Department of Health of New York State.
Medical Laboratory: A medical laboratory or clinical laboratory is a laboratory where tests are performed on clinical specimens in order to obtain information pertaining to the diagnosis, treatment, and prevention of disease. Such tests are ordered by clinical practitioners. Clinical laboratories are thus focused on applied science mainly on a production-like basis, as opposed to research laboratories that focus on basic science on an academic basis. All such facilities seeking to locate in the Town of Pomfret must be licensed and under the supervision of the Department of Health, State of New York, and comply with all pertinent Federal and State rules and regulations for the establishment, maintenance and operation of a medical laboratory.
Medical Manufacturing: Medical Manufacturing is the production of Medical merchandise for use or sale using labor and machines, tools, chemical and biological processing, or formulation. Medical manufacturing may include orthopedic devices and instrumentation, implantable devices, medical instruments and pharmaceutical drugs. All such facilities in the Town of Pomfret must possess a certificate and license from the Federal Drug Administration and be under the Supervision of the Federal Drug Administration, the New York State Department of Health. .
Medical or Dental Office: A facility operated by one or more physicians, dentists, chiropractors or other licensed or certified practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis
Medical Treatment Outpatient Services: A clinic (or outpatient clinic or ambulatory care clinic) is a healthcare facility that is primarily focused on the care of outpatients. Clinics can be privately operated or publicly managed and funded. They typically cover the primary healthcare needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. Any such facility in the Town of Pomfret shall possess a certificate and be licensed by the New York State Department of Health.
Mental Health Facility: Any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provide treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of person with mental illness. Any such facility in the Town of Pomfret shall possess a certificate and be licensed by the New York State Department of Health.
Micro-brewery Retail and Manufacturing: Microbrewery/craft brewery/brewpub means an establishment that produces fewer than 15,000 barrels of beer per year. Microbreweries sell to the public by one or more of the following methods: brewer to distributor to retailer to consumer, or directly to the consumer through carry-outs and/or on-site tap-room and/or restaurant sales. A microbrewery may also, in conjunction with the sale of beer, prepare and serve food.
Office Building: A building that is divided into offices, either singles or suites, for the transaction of business other than for mercantile or manufacturing purposes where merchandise is on display and offered for sale. Offices used for a professional business or for public or semi-public activities in whole or in part are included in this definition.
Recycling Redemption Center: Redemption centers are small businesses that accept empty containers for redemption from the public and pay the refund value.
Senior Living Facility: Also known as an assisted living facility, they provide 24-hour non-medical care, supervision, and assistance with activities of daily living, such as bathing and grooming. Facilities may provide incidental medical services (including medication assistance) under special care plans as well as hospice or dementia care. All such facilities to be located in the Town of Pomfret must possess a certificate and license to operate and be under the supervision of the New York State Department of Health.
Service/Fraternal Organization: A group of people, formally organized on a not-for-profit basis, for patriotic, philanthropic, benevolent, educational, civic, fraternal, or similar purposes.
Veterinarian (Large Animal) Large animal practitioners commonly treat cattle, horses, sheep, goats, and pigs. They tend to make farm calls to visit their patients, often using a customized truck outfitted with the necessary medical equipment. That any such facility must be owned and/or operated by a veterinarian licensed by the State of New York to conduct a veterinary practice.
Veterinarian (Small Animal): Small animal veterinarians work with companion animals and household pets, such as cats, dogs, hamsters, birds, rabbits and small exotic animals. That any such facility must be owned and/or operated by a veterinarian licensed by the State of New York to conduct a veterinary practice.
Winery Retail and Manufacturing: A winery is a vinicultural area that is dedicated to wine making. A winery may include: vineyards to produce grapes, warehouses to store the produced wine, tasting rooms to let consumers taste its wine, retail sales, and other additions like bottling lines, tank farms and laboratories.
Wood Manufacturing: All establishments engaged in cutting timber and pulpwood; mills engaged in producing lumber and wood basic materials; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or related materials. This does not include furniture and office and store fixtures (see Furniture and Fixtures), musical instruments, toys and playground equipment, and caskets.
Section Three – Section 300-13 C is hereby amended to provide that the following uses shall be permitted by Special Use Permit in zone:
Assisted Living Facility Mental Health Facility
Bowling Alley Micro-Brewery Retail & Manufacturing
Commercial Storage Units Office Building
Distillery Retail & Manufacturing
Pharmaceutical Manufacturing or Retail
Hospital
Recycling Redemption Center
Medical Laboratory Senior Living Facility
Medical Manufacturing Veterinarian (Large Animal)Medical Offices Veterinarian (Small Animal)
Medical Outpatient Services Winery Retail and Manufacturing
Wood Manufacturing
Section Four – Section 300-13 E is hereby amended to provide the following area requirements governing the placement of a hospital or health care facility in the Town of Pomfret.
a) Minimum lot size – two acres.
b) No building or structure to be located nearer than 100 feet from any lot line.
c) That there is provided not less than one off-street parking unit for each medical or nursing staff member, one unit for each three beds for patients or guests, and one unit for each two service employees.
Section Five – Repealer: If any existing provision or definition in the Town of Pomfret Zoning Law and Code is inconsistent with a definition or use as set forth in this Local Law, the definition and/or use set forth in this Local Law shall prevail.
Section Six – Partial Invalidity:
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section Seven – Effective Date: This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.
- Supervisor Steger made a motion to schedule a Public Hearing on Wednesday, March 14, 2018 at 6:25P.M. for the purpose of amending Local Law No. 2 of 1995 “The Zoning Law of the Town of Pomfret”. The motion was seconded by Councilman Schaeffer and carried.
Section One – Purpose: The Town of Board of the Town of Pomfret does desire to amend certain sections of the Pomfret Zoning Law and Code, and intends to exercise its authority granted under the Town Law, General Municipal Law, and Municipal Home Rule Law of the State of New York to do so.
Section Two – Definitions: There is added to Section 300-6 the following definition:
Hospital and Health Care Facility: An institution including buildings and grounds providing medical, hospital, healthcare services under a certificate of need and licensed by the Department of Health of the State of New York. All such facilities must be under the regulatory oversite of the Division of Hospitals and Diagnostic and Treatment Centers under the New York State Department of Health. All such entities and institutions desiring to locate within the Town of Pomfret must possess a certificate of need and a license issued by the Department of Health of New York State.
Section Three --Section 300-13 C is hereby amended to provide that hospital and healthcare facility is a use permitted by Special Use Permit in zone.
Section Four -- Section 300-13 E is hereby amended to provide the following area requirements with respect to hospitals and healthcare facilities.
a) Minimum lot size of two acres.
b) No building or structure to be located nearer than 100 feet from any lot line.
c)That there is provided not less than one off-street parking unit for each medical or nursing staff member,
one unit for each three beds for patients or guests, and one unit for each two service employees.
Section Five – Partial Invalidity: If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
Section Six- Effective Date: This Local Law shall be effective immediately upon filing with the Secretary of State.
DEPUTY HIGHWAY SUPERINTENDENT REPORT- Deputy Superintendent and Councilwoman Eckman will be working on submitting an application for state funding for bridges and culverts. The Brainard Rd. culver, in the Town of Pomfret needs to be addressed.
- Supervisor Steger made a motion, seconded by Councilwoman Eckman, pursuant to the provisions of Section 284 of the Highway law we agree that the monies levied and collected for the repair and improvements of highway, and received from the state for the repair and improvements of highways, shall be expended as follows: General Repairs in the sum of $150,000.00 may be expended for general repairs upon 56 miles of town highways including, cluicas, culverts, and bridges having a span of less than five feet and boardwalks or the renewals there of. The motion was carried unanimously.
- Supervisor Steger made a motion to authorize the Deputy Highway Superintendent to purchase two 2018 John Deer X590 Garden tractors. The Town will be trading in two 2016 John Deere X540 tractors with 42” Mulch/Rear discharge decks. The amount for the trade in is $3,250.00 each. The amount for the two new tractors with the trade in values will be $5,720.00. Deputy Highway Superintendent has the permission to make the exchange with LANDPRO Equipment at state contract price #PC66663. The motion was seconded by Councilman Sedota and carried unanimously.
DULY MOVED by Supervisor Steger to adjourn the Regular Town Board meeting and enter into executive session for the purpose of medical, financial, credit or employment history of a particular person or corporation, or relating to appointment, promotion, demotion, discipline of removal and no action to be taken. The motion was seconded by Councilwoman Eckman and carried unanimously. Time 7:23P.M.
DULY MOVED by Supervisor Steger, seconded by Councilman Sedota to adjourn the executive session at 7:55P.M and enter back into the Regular Town Board Meeting. The motion carried unanimously.
DULY MOVED by Supervisor Steger, seconded by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:56P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Dispense
Town Clerk
