June 13, 2018 Public Hearing-Moratorium-Small Cell Towers

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, June 13, 2018 at 6:15P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                      
                      
                        Councilman Brett Christy
                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilwoman Ann Eckman


Supervisor Steger opened the Public Hearing with the Pledge of Allegiance.

The Town Clerk produced proof of posting and publishing.

This public hearing is regarding the purposed local law imposing a temporary moratorium on the acceptance/processing of all applications related to the placement or installation of wireless telecommunication towers or facilities and antennae within the Town’s public rights-of-way.

Be it enacted by the Town Board of the Town of Pomfret as follows:
Section 1. Title
            This law shall be referred to as "A Local Law Imposing A Temporary Moratorium On The Acceptance/Processing Of All Applications Related To The Placement Or Installation Of Wireless Telecommunication Towers Or Facilities And Antennae Within The Town’s Public Rights-Of-Way."
Section 2. Legislative Findings and Intent.
            Pursuant to the statutory powers vested in the Town Board of the Town of Pomfret and pursuant to the inherent police powers of the Town in order to protect the health, safety and welfare of its residents, the Town Board of the Town of Pomfret hereby declares a temporary moratorium on the on the acceptance/processing of all applications relating to the placement or installation of wireless telecommunications towers, facilities and antennae within the Town’s public rights-of-way.
            The emergence of wireless communications services, the increased number of telecommunications providers and the growing demand for better coverage have led to the rapid deployment of wireless telecommunication facilities in the public-rights-of-way.    
The Town of Pomfret needs time to review, consider, and modify the processes for adoption and implementation of regulations pertaining to the deployment of such wireless telecommunication towers and antennae in the public-right-of-way.
            The purpose of this moratorium is to provide notice that the Town seeks to undertake a thorough analysis of the Town’s regulations of telecommunication towers, facilities and antennae consistent with State and Federal Laws and develop a comprehensive strategy on the placement of these facilities addressing public health and safety issues, aesthetics and service in the Town’s public-rights-of-way.

Section 3. Imposition of Stay.

            This Local Law shall be effective for one hundred and eighty (180) days from the date on which it is adopted by the Town of Pomfret Town Board.  During this period, the Wireless Telecommunication Committee is directed to study appropriate standards and/or restrictions on the placement of new telecommunication towers and related facilitates in the public-rights-of-way.  The Committee includes representatives of the Town Board, Planning Board, Zoning Board of Appeals and the Code Enforcement Officer.  The Committee will report its findings and recommendations to the Town Board.

Section 4. Scope of Stay

            Neither the Town Board, Code Enforcement Officer, Planning Board, Zoning Board of Appeals shall accept/process any applications, of any form, or issue any permits, of any form, relating to the placement or installation of telecommunication towers, facilities and antennae within the Town’s public rights–of‑way until the moratorium is rescinded and/or a Local Law addressing this matter is adopted.
Section 5. Validity.
    This Local Law is adopted under the authority granted to the Town Board of the Town of Pomfret pursuant to Sections 20 and 27 of the Municipal Home Rule Law.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law which can be given effect without such invalid provision.
Section 6. Effective Date.

This Local Law shall take effect immediately when it is filed in the Office of the Secretary of State of the State of New York.
With no further comments/concerns from the audience, Councilwoman Eckman made a motion to close the Public Hearing at 6:19 P.M. The motion was seconded by Councilman Schaeffer and carried.
Respectfully Submitted,

Allison Dispense
Pomfret Town Clerk

 

June 13, 2018 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 13, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Brett Christy
Ann Eckman 
                      

The Pledge of Allegiance of the Flag was recited at the Public Hearing held prior to the regular meeting.

DULY MOVED by Supervisor Steger to accept the minutes of the May 09, 2018 Public Hearing-Lily Dale Water District minutes. The motion was seconded by Councilman Schaeffer and carried.
          
DULY MOVED by Supervisor Steger to accept the minutes of the May 09, 2018 Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried.


DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 6 of 2018 with one addition; Payment to Ideal Burial Vault Co., Inc. in the amount of $1,000.00.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-                  AYE
Councilman Sedota-               AYE
Councilman Schaeffer-           AYE
Councilman Christy-               AYE
Councilwoman Eckman-        AYE

General Fund Town Wide                  $17,892.46
General Fund Part Town                    $846.12
Highway Fund Part Town                  $109,715.62
Berry Road Water District                  $2,274.66
Chestnut Road Water District             $35.50
North End Water District                    $562.90
Lily Dale Sewer District                     $4,233.08

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for May 2018 are as follows:
                        Justice Pulci Total Cases: 192
                        Total Fines & Surcharges: $17,676.50
                        Justice Dietzen Total Cases: 139
                        Total Fine & Surcharges: $13,643.00
  • The Historian report for June 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department April 2018 report is on file in the clerk’s office. There was a total of 154 calls with 27 being within the Town of Pomfret.
  • The Fredonia Fire Department May 2018 report is on file in the clerk’s office. There was a total of 202 calls with 49 being within the Town of Pomfret.
  • Clerk Dispense has received a $100.00 scholarship from the Chautauqua County Municipal Clerks Association for attending the annual NYS Town Clerks Association conference in April.
  • Councilman Christy made a motion to accept the phone bid from DFT Communications, 40 Temple Street, Fredonia, for the upgrade of phones and internet to Town Hall and the Highway Garage. Equipment is not to exceed $1,240.00 with a monthly cost not to exceed $362.25. The motion was seconded by Councilman Schaeffer and carried unanimously.
AUDIENCE CONCERNS
  • Diane Elliott expressed her concern to the board regarding her farm exemption which is being removed from her property. She stated she has spoken to the Assessor and has not had any luck with getting answers regarding why it is not longer an exemption on her property. Supervisor Steger said he would speak with the assessor and see if answers can be provided.
  • Tom and Joan Vandette addressed the board regarding Brooks Memorial Hospital, asking if the site in the Town of Pomfret is still being considered. Supervisor Steger replied no applications have been submitted to the town regarding the hospital.
  • Charles Civiletto asked the board if they were on schedule to submit the grant for the Phase II of the North End Water District. Councilwoman Eckman stated Clerk Dispense has been working with Robert Klavoon, Wendel Engineers, with submitting the application.
 SUPERVISOR STEGER
  • The 2018 Tax Collection report was reviewed indicating a total adjusted warrant amount of $8,008,711.59 with $1,314,644.00 paid to the Town, $5,478,956.13 paid to the County and $959,898.82 remaining unpaid. A total of 6,207 bills were sent out in 2018. The tax collector noted that approximately $321,890.00 in taxes were collected ‘early’ as per Governor Cuomo’s declaration-allowing taxpayers to claim the amount of the 2018 Town & County taxes on their 2017 income taxes.
  • Supervisor Steger made a motion to add Joseph Conti, 3644 Rt. 83, Fredonia to the list of substitute Court Officers. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger has received the tentative equalization rate for the Town of Pomfret. The tentative rate from the Office of Real Property Services is 17.75.
 
  • Supervisor Steger made a motion to approve the following resolution. The motion was seconded by Councilman Christy and carried.

WHEREAS, the Chautauqua Watershed Conservancy, Inc. is applying to the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park to be located on tax map parcel number 181.00-2-18 on Route 60, a site located within the territorial jurisdiction of this Board; and

WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the ‘approval/endorsement of the governing body of the municipality in which the project will be located”;
NOW, THEREFORE, be it

RESOLVED, by this august body that the Board of the Town of Pomfret herby does approve and endorse the application of the Chautauqua Watershed Conservancy for a grant under the Environmental Protection Fund for a park project known as the Cassadaga Lakes Nature Park and located within this community.

 
  • Supervisor Steger made a motion to enact the following Local Law regarding a local law imposing a temporary moratorium on the acceptance/processing of all applications related to the placement or installation of wireless telecommunication towers or facilities and antennae within the Town’s public rights-of-way. This motion was seconded by Councilman Christy and carried by a roll call vote;
ROLL CALL:
Supervisor Steger-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE

Section 1. Title
            This law shall be referred to as "A Local Law Imposing A Temporary Moratorium on The Acceptance/Processing of All Applications Related to The Placement or Installation of Wireless Telecommunication Towers or Facilities and Antennae Within the Town’s Public Rights-Of-Way."

Section 2. Legislative Findings and Intent

            Pursuant to the statutory powers vested in the Town Board of the Town of Pomfret and pursuant to the inherent police powers of the Town in order to protect the health, safety and welfare of its residents, the Town Board of the Town of Pomfret hereby declares a temporary moratorium on the on the acceptance/processing of all applications relating to the placement or installation of wireless telecommunications towers, facilities and antennae within the Town’s public rights-of-way.
            The emergence of wireless communications services, the increased number of telecommunications providers and the growing demand for better coverage have led to the rapid deployment of wireless telecommunication facilities in the public-rights-of-way.    
The Town of Pomfret needs time to review, consider, and modify the processes for adoption and implementation of regulations pertaining to the deployment of such wireless telecommunication towers and antennae in the public-right-of-way.
            The purpose of this moratorium is to provide notice that the Town seeks to undertake a thorough analysis of the Town’s regulations of telecommunication towers, facilities and antennae consistent with State and Federal Laws and develop a comprehensive strategy on the placement of these facilities addressing public health and safety issues, aesthetics and service in the Town’s public-rights-of-way.

Section 3. Imposition of Stay.

            This Local Law shall be effective for one hundred and eighty (180) days from the date on which it is adopted by the Town of Pomfret Town Board.  During this period, the Wireless Telecommunication Committee is directed to study appropriate standards and/or restrictions on the placement of new telecommunication towers and related facilitates in the public-rights-of-way.  The Committee includes representatives of the Town Board, Planning Board, Zoning Board of Appeals and the Code Enforcement Officer.  The Committee will report its findings and recommendations to the Town Board.

Section 4. Scope of Stay

            Neither the Town Board, Code Enforcement Officer, Planning Board, Zoning Board of Appeals shall accept/process any applications, of any form, or issue any permits, of any form, relating to the placement or installation of telecommunication towers, facilities and antennae within the Town’s public rights–of‑way until the moratorium is rescinded and/or a Local Law addressing this matter is adopted.

Section 5. Validity.

            This Local Law is adopted under the authority granted to the Town Board of the Town of Pomfret pursuant to Sections 20 and 27 of the Municipal Home Rule Law.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law which can be given effect without such invalid provision.

Section 6. Effective Date.

This Local Law shall take effect immediately when it is filed in the Office of the Secretary of State of the State of New York.

 
  • Councilwoman Eckman made a motion to authorize the town to participate financially to the Fourth of July Celebration activities with the City of Dunkirk in the amount of $500.00. The motion was seconded by Councilman Christy and carried.
 
  • Councilwoman Eckman made a motion to schedule a workshop of the town board on Tuesday, July 10, 2018 at 5:00P.M. at 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried.
 
  • Councilman Christy made a motion to declare a negative declaration regarding the #8 Water District-Lily Dale Water District, finding no significant impact under the State Environmental Quality Review Act based on Parts I and II. The motion was seconded by Councilman Schaeffer and carried.

 
  • Supervisor Steger made a motion to approve the following resolution establishing the #8 Lily Dale Water District. The motion was seconded by Councilman Christy and carried.
WHEREAS, the Town Board (the “Board”) for the Town of Pomfret (the “Town”) has determined that it is in the interest of the residents of the Town to establish public water service from the Town to the Lily Dale Assembly (the “Assembly”); and

WHEREAS, the Town has sufficient capacity and ability to supply water to the Assembly; and

WHEREAS, Town Law Article 12 authorizes the Town to establish water districts, which districts are further authorized to purchase water for resale within the district; and

WHEREAS, the Board has been presented with a Petition for the Establishment of the Lily Dale Water District (the “Petition”), which Petition has been prepared, signed by property owners in the proposed water district (the “Proposed District”), and acknowledged, in accordance with the procedures set forth in Town Law Article 12; and

WHEREAS, the Board has determined that the lands included within the Proposed District are owned by members of the Assembly; and

WHEREAS, included with and incorporated into the Petition was an Engineer’s Report, Plan, and Map for the Lily Dale Assembly Proposed Water District (the “Engineer’s Report”), dated as of June 23, 2017 and prepared by Christopher M. Ernst, P.E., a professional engineer duly licensed by the State of New York (the “Engineer”); and

WHEREAS, the Board adopted resolutions and an order at a meeting of the Board on April 11, 2018, which resolutions and order established a public hearing on May 9, 2018 for all interested persons to be heard and for the Board to consider the Proposed District (the “Public Hearing”); and

WHEREAS, notice of the Public Hearing was published and was sent on April 27, 2018 to all residents and non-residents having a property interest in the Proposed District in accordance with the Town Law;  and

WHEREAS, the Board held the Public Hearing on May 9, 2018 at which all interested persons were given an opportunity to be heard and to consider the establishment of the Proposed District; and

WHEREAS, the Assembly previously submitted an Environmental Assessment Form, Part 1 (the “EAF Part I”) prepared by the Engineer pursuant to the State Environmental Quality Review Act (“SEQRA”); and

WHEREAS, after review of the EAF Part I, the Board adopted a resolution at a meeting of the Board on October 11, 2017 determining that the Board would be and is lead agent under SEQR with respect to the Proposed District; and

WHEREAS, the Board has been presented with Parts 2 and 3 of the Environmental Assessment Form (together with EAF Part I, the “EAF”), and after review of the completed EAF, SEQRA, and SEQRA’s associated regulations, the Board has determined that the Proposed District would not have a significant adverse impact on the environment and desires to execute and deliver a Notice of Determination of Non-Significance (the “Negative Declaration”) with regard to the Proposed District;

NOW, THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that: (a) the proposed water facilities to service the Proposed District are satisfactory and sufficient; (b)
the Petition has been signed and acknowledged as required by law and is otherwise sufficient; (c)  all of the property and property owners within the Proposed District are benefited thereby; (d) all of the property and property owners benefited are included within the limits of the Proposed District; and (e) it is in the public interest to establish the Proposed District;

IT IS FURTHER RESOLVED AND DETERMINED, that the Board hereby determines that the proposed action and establishment of the Proposed District will not have any adverse environmental impacts and directs that a Negative Declaration, in the form annexed hereto as Exhibit A, be issued and filed in accordance with the applicable provisions of law; and

IT IS FURTHER RESOLVED AND DETERMINED, that the establishment of the Proposed District as described and defined in the Engineer’s Report is approved; that the improvements be constructed when the required funds become available; and that the district shall be bounded and described in Exhibit B, which is annexed hereto and made a part hereof; and

IT IS FURTHER RESOLVED AND DETERMINED, that the proposed improvements shall be financed as follows: The improvements required are the replacement of the existing water system, to include all new water distribution piping, new line valves, new fire hydrants, new water services, and new meters. The maximum amount to be expended for the improvements is three million two hundred thirty thousand six hundred twelve dollars ($3,230,612.00); and

IT IS FURTHER RESOLVED AND DETERMINED, that the estimated cost to the typical property owner shall be five hundred thirteen dollars and seventy one cents ($513.71) per unit (single-family residence or equivalent usage); and

IT IS FURTHER RESOLVED AND DETERMINED, that the Clerk of the Town, within ten days after the adoption of this Resolution and Order, shall file certified copies of this Resolution and Order in duplicate in the office of the State Department of Audit and Control, Albany, New York together with an application for permission to create the Proposed District in accordance with Town Law Section 194(3).

Exhibit B

Proposed District Legal Description

            All that certain piece, parcel or lot of land situate in the Town of Pomfret, County of Chautauqua and State of New York, being part of Lot 9, Town 5, Range 12 of the Holland Land Company Survey, bounded and described as follows:

            Beginning at a point in the southerly line of the Town of Pomfret, being the south lot of Lot 9 at its point of intersection with the easterly shore line of Middle Cassadaga Lake;

            Thence, easterly along the southerly line of the Town of Pomfret and the south line of Lot 9 a distance of 1,300 feet more less to the northeasterly corner of lands of Lily Dale Assembly referenced as tax parcel 181.19-2-2;

            Thence, northerly along the westerly bounds of lands of Sandra A Gray referenced as tax parcel 181.16-1-35 and James C Watson referenced as tax parcel 181.16-1-34 a distance of 414 feet more or less to the northwesterly corner of James C Watson;

            Thence, along the northerly bounds of James C Watson referenced as tax parcels 181.16-1-34 and 181.16-1-37 a distance of 270 feet more or less to the northwest corner of lands of Lily Dale Assembly referenced as tax parcel 181.16-1-36;

            Thence, the following three courses along the lands of Lily Dale Assembly referenced as tax parcel 181.16-1-36: southerly 85 feet more or less, easterly 120 feet more or less, northerly 85 feet more less to the northeasterly corner of lands of Lily Dale Assembly referenced as tax parcel 181.16-1-36, said point also being the northwesterly corner of lands of James C Watson referenced as tax parcel 181.16-1-37;

            Thence, easterly along the northerly bounds of James C Watson referenced as tax parcel 181.16-1-37, George S Ehmke referenced as tax parcel 181.16-1-28, and Charles Gilbert referenced as tax parcel 181.16-1-26 and 27 a distance of 1,900 feet more or less to the northeast corner of lands of Charles Gilbert referenced as tax parcel 181.16-1-27;

            Thence, southerly along the easterly bounds of Charles Gilbert referenced as tax parcel 181.16-1-27 a distance of 200 feet more or less to the northwesterly corner of lands of Charles W Gilbert referenced as tax parcel 181.16-1-25;

          
Thence, the following two courses along lands of Charles W Gilbert referenced as tax parcel 181.16-1-25: easterly a distance of 460 feet more or less, southerly almost paralleling the westerly bounds of New York State Route 60 a distance of 243 feet more or less to a point on the southerly line of the Town of Pomfret and the south line of Lot 9;

            Thence, easterly along the southerly line of the Town of Pomfret and the south line of Lot 9 a distance of 100 feet more less to the westerly bounds of New York State Route 60;

            Thence, northerly along the bounds of New York State Route 60 a distance of 2,325 feet more or less to the southerly bound of lands of William L Ulrich referenced as tax parcel 181.00-2-17;

            Thence, westerly along the southerly bounds of William L Ulrich referenced as tax parcel 181.00-2-17 and R&P Oak Hill LLC referenced as tax parcel 181.00-2-18 a distance of 2,660 feet more or less to the easterly bounds of Lily Dale Assembly referenced as tax parcel 181.15-4-1;

            Thence, northerly along the easterly bounds of Lily Dale Assembly referenced as tax parcel 181.15-4-1 a distance of 400 feet more or less to the shore of the Upper Cassadaga Lake;

            Thence, westerly and southerly along the easterly shore of the Upper Cassadaga Lake and the channel connecting to the Middle Cassadaga Lake to the Point of Beginning.

            Containing 161.4 acres of landmore or  less

RESOLUTION AND ORDER
 ESTABLISHMENT OF LILY DALE ASSEMBLY WATER DISTRICT

Said meeting was duly convened and held and said resolution and order was duly adopted in all respects in accordance with law and regulations of the Town.  To the extent required by law or said regulations, due and proper notice of said meeting was given.  A legal quorum of members of the Town Board was present throughout said meeting, and a legally sufficient number of members ( 5_/5_ of the Town Board) voted in the proper manner for the adoption of the resolution and order.  All other requirements and proceedings under law, said regulations, or otherwise, incident to said meeting and the adoption of the order, including any publication, if required by law, have been duly fulfilled, carried out, and otherwise observed.


COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to appoint the following to the Pomfret/Fredonia Summer Recreation. The motion was seconded by Councilman Christy and carried unanimously.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Highway Superintendent Gardner stated there is an abundance of sluice pipe at the barns. He asked the board if he could sell it to Pomfret Residents at state bid contract price for when a drive way needs to be replaced. The board agreed to sell it at state bid to deplete the stock of sluice pipe.
  • The cross pipe located at Ellicott and Webster roads needs to be replaced. Several options were discussed. The board is in favor of working with the County in shared services to complete the project. If the county cannot complete the project in a timely manner, the board suggested renting the machine and having the work done in house by the highway department.
  • Councilwoman Eckman made a motion to authorize Clerk Dispense and Highway Superintendent Gardner to apply for a grant thru the Water Quality Improvement Project grant to obtain monies to fund a new salt shed. The motion was seconded by Councilman Schaeffer and carried.


DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:58P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Dispense
 

May 09, 2018 Public Hearing-Lily Dale Water District

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, May 09, 2018 at 6:15P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                      
                      
                        Councilman Brett Christy
                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilwoman Ann Eckman

Supervisor Steger opened the Public Hearing with the Pledge of Allegiance.

The Town Clerk produced proof of posting and publishing.

This public hearing is regarding the purposed Lily Dale Water District.

WHEREAS, the Town Board (the “Board”) of the Town of Pomfret (the “Town”), pursuant to Town Law Section 191, has been presented with a Petition dated August 14, 2017, for the Establishment of the Lily Dale Water District (the “Petition”); and
WHEREAS, New York State Town Law Article 12 authorizes the Board to establish water districts, which districts are further authorized to purchase water for resale within the district; and
WHEREAS, the Lily Dale Assembly (the “Assembly”) is a religious corporation organized and existing under the laws of the State of New York; and
WHEREAS, the Petition demonstrates that the lands included within the proposed water district, more particularly described in Exhibit A, attached hereto and made a part hereof (the “Proposed District”) are leased by members of Assembly pursuant to long-term ground leases and/or owned by the Assembly; and
WHEREAS, the Petition has been signed by members of the Assembly, who are long-term ground leasehold owners in the Proposed District, holding in the aggregate at least one-half of the assessed valuation of all the taxable real property of the Proposed District, as shown upon the latest completed assessment roll of the Town of Pomfret, including the signatures of resident long-term ground leasehold owners of taxable real property aggregating at least one-half of the assessed valuation of all of the taxable real property of the Proposed District, leased by resident leaseholders according to the latest completed assessment roll; and
WHEREAS, the Petition describes the boundaries of the Proposed District in a manner sufficient to identify the lands included therein, and was signed by the petitioners and acknowledged or proved as required by applicable law; and
WHEREAS, the Petition was otherwise prepared in accordance with the requirements and procedures set forth in New York State Town Law Article 12; and
WHEREAS, included with and incorporated into the Petition was an Engineer’s Report, Plan, and Map for the Lily Dale Assembly Proposed Water District (the “Engineer’s Report”), dated as of June 23, 2017 and prepared by E & M Engineers & Surveyors, P.C., represented by Christopher M. Ernst, P.E., a professional engineer duly licensed by the State of New York; and


WHEREAS, the Engineer’s Report describes the construction of a water system within the Proposed District, including the replacement of the existing water system, to include new distribution piping, new line valves, new fire hydrants, new water services, and new meters, excluding, however, replacement or repair of lateral service lines from the meter pit to the dwelling or structure served (collectively the “Water Improvements”); and
WHEREAS, the source of water for the Proposed District has been and shall continue to be the Village of Cassadaga; and
WHEREAS, the Board will give due consideration to the impact that the Proposed District and Water Improvements may have on the environment and on the basis of such consideration, the Board will determine the environmental impact, if any, to be caused by the Proposed District; and
WHEREAS, an Environmental Assessment Form, Part I (“EAF”) has been prepared and has been reviewed by the Board pursuant to the State Environmental Quality Review Act (“SEQRA”), a copy of the EAF is attached hereto and made a part hereof as Exhibit B; and
WHEREAS, the Petition, including the Engineer’s Report has been filed in the Office of the Town Clerk of the Town of Pomfret; and
WHEREAS, the maximum amount proposed to be expended for the establishment of the Proposed District and construction of associated water improvements is estimated to be $3,230,612.00; and
WHEREAS, half of the costs of the Proposed District and Water Improvements will be paid by the Assembly, and the remaining half of the costs will be paid by the holders of long-term real property ground leases in the Proposed District; and
WHEREAS, it is estimated that there will be no costs for hook-up fees within the Proposed District; and
WHEREAS, the estimated cost of the Proposed District and Water Improvements based on an Equivalent Dwelling Unit (“EDU”) is $513.71 annually, including debt service, operation, and maintenance, as more fully described on the User Costs description attached hereto and made a part hereof as Exhibit C; and
WHEREAS, pursuant to the requirements of the New York State Town Law, the Board proposes to schedule a public hearing regarding the establishment of the Proposed District and provide notice of such public hearing in accordance with applicable law.
NOW, THEREFORE, be it:
DETERMINED that the estimated cost of hook-up fees within the Proposed District is $0; and that the estimated cost of the establishment of the Proposed District and the construction of water improvements to an EDU, including debt service, maintenance, and operation, is $513.71 (as described on Exhibit C attached hereto and made a part of this Order); and that the Board has caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it
FURTHER DETERMINED and ORDERED that the Board hereby designates itself as lead agency under SEQRA and directs that notice of such lead agency designation be sent to all involved and interested parties so designated on the SEQRA EAF; and be it
FURTHER ORDERED, that a meeting of the Board be held at 9 Day Street, Fredonia, New York on the 9th day of May, 2018 at 6:15 p.m., or as soon thereafter as feasible, to consider the establishment of the Proposed District and Water Improvements referred to herein, and to hear all persons interested in the subject thereto, concerning the same and for such other action on the part of the Board, with respect thereto, as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk publish at least once in the Observer, a newspaper having a general circulation in the Town and the official newspaper of the Town, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the New York State Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) days nor more than twenty (20) days before the date of such public hearing.
AUDIENCE COMMENTS:
  • The engineers for the purposed district were present and answered questions from the town board. To date, The Lily Dale Assembly has paid all costs for purposed district. The engineers are hopeful to go for grant money thru USDA, EFC and the WIIA (Water Infrastructure Improvement Act). There has not been a number associated with water loss in the current system, due to the poor and failing infrastructure. The DEC to date have been the only entity to comment on the Environmental Assessment Form. The Engineers and Board are awaiting further comment. The Chautauqua County Department of Health will be updating their letter regarding the current water district in Lily Dale and resubmit to the engineers, which will be forwarded to Supervisor Steger when received. Lastly, the concern of properties adjacent to those within the Lily Dale Assembly, were not included in the map, plan, and report. Supervisor Steger would like to see these properties included in the purposed water district even though they may not be receiving water.
  • Elaine Thomas, Lily Dale resident, asked the board what the next steps are to move the district forward. Town Attorney Passafaro responded stating the first step is to hold the current public hearing, second, the board needs to act on the SEQR (State Environmental Quality Review).
  • Cara Seekings, Lily Dale resident asked if Job Corp. would be included in the purposed district. Supervisor Steger replied they would not be.
  • Ellen Morse, Lily Dale resident asked for future reference if the water and sewer bills would come together based on consumption. The answer was yes, they will be receiving one bill for water and sewer.

With no further comments/concerns from the audience, Councilwoman Eckman made a motion to adjourn the Public Hearing at 7:07P.M. The motion was seconded by Councilman Schaeffer and carried.
Respectfully Submitted,

Allison Dispense
Pomfret Town Clerk






 

May 09, 2018 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 7:15 P.M. May 09, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Deputy Highway Superintendent Charles White III

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Brett Christy
Ann Eckman 
                      
ABSENT:       Highway Superintendent Jude Gardner

The Pledge of Allegiance of the Flag was recited at the Public Hearing held prior to the regular meeting.
          
DULY MOVED by Councilman Schaeffer to accept the minutes of the April 11, 2018 Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried.


DULY MOVED by Supervisor Steger, seconded by Councilman Christy to approve the payment of bills as presented by the Town Clerk on Abstract # 5 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-               AYE
Councilwoman Eckman-        AYE

General Fund Town Wide                  $23,591.32
General Fund Part Town                    $605.91
Highway Fund                                    $2,852.53
Highway Fund Part Town                  $10,776.31
Berry Road Water District                  $15,807.34
Chestnut Road Water District             $2,753.32
North End Water District                   $41,708.08
Rt.20 Water District                            $162.52
Rt. 20 Sewer District                          $236.77
Rt. 60 Water District                           $7,842.64
Rt. 60 Sewer District                          $10,295.66
Lakeview Sewer District                    $327.42
Lily Dale Sewer District                     $339.78
Sewer District One                             $2,585.46
Sewer District Two                             $1,763.25

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the following budget modification, the motion carried unanimously.

HIGHWAY FUND OUTSIDE VILLAGE

Modify 2018 adopted budget by increasing Revenue Account DB3501 CHIPS funding by $106,520 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $106,520.
For 2017 funding rollover and 2018 funding allocation for CHIPS, PAVE-NY,
and EWR programs


TOWN CLERK REPORTS
  • Pomfret Town Justices reports for April 2018 are as follows:
                        Justice Pulci Total Cases: 229
                        Total Fines & Surcharges: $20,354.00
                        Justice Dietzen Total Cases: 167
                        Total Fine & Surcharges: $17,917.00
  • The Historian report for May 2018 is on file with the Clerk’s office and has been distributed to the Town Board.

AUDIENCE CONCERNS
  • Mary Deas, Pomfret resident addressed the board concerning the commercial wind farms being installed within Chautauqua County. Ms. Deas stressed her disproval for these farms siting they impact overall health, environment, assessment of properties, and scenic views. She asked if there were any Wind Energy Conversion Systems(WECS) before the board, which Supervisor Steger replied there was not. Ms. Deas was informed by Town Attorney, Jeffrey Passafaro, per Article 10 of NYS Law, commercial wind farms are now a matter of the state, and not the local governing board. Ms. Deas expressed she’d like to see more dialogue between neighboring municipalities and residents concerning this matter.
  • Eric & Tami Johnson, Pomfret residents, addressed the board concerning the vacant property located at 4627 West Main Rd., Fredonia. Recently the vacant home, located next door to the Johnson’s, was illegally entered. The State Troopers and the Sherriff were called and the trespasser was arrested. The Johnson’s are fearful for this happening again as well as the safety of their home, themselves, and their children. Mr. Johnson asked the board to consider enacting local laws which would prevent this from happening to other properties and home owners within the Town of Pomfret. The board responded stating this property has foreclosed and will be up for auction in June thru the County.

SUPERVISOR STEGER
  • Supervisor Steger made a motion to authorize National Grid to install a LED Roadway D (96-watt) streetlight on existing pole No. 143 W. Main Road (Route US 20) at the corner of Lamberton Road; and authorizes the charge for the streetlight to be added to the Town’s PSC 214, Service Classification No. 2 Streetlight Account No. 65738-80105.  The motion was seconded by Councilwoman Eckman and carried.
  • Councilwoman Eckman made a motion to authorize Supervisor Steger to request information and National Grid’s charges associated with converting the existing streetlights billed under account No. 65738-80105 to LED roadway fixtures. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to reconvene the May 09, 2018 Public Hearing regarding the Lily Dale Water District. The motion was seconded by Councilman Schaeffer and carried. TIME 8:21P.M.
  • Supervisor Steger made a motion to close the public hearing on the Lily Dale Water District. The motion was seconded by Councilwoman Eckman and carried. TIME 8:21P.M.
  • Supervisor Steger made a motion to schedule a Public Hearing on Wednesday, June 13, 2018 at 6:15P.M. concerning a local law imposing a temporary moratorium for 180 days regarding the acceptance of processing of all applications related to the placement or installation of wireless telecommunication towers or facilities and antennae within the Town of Pomfret public right of way. The motion was seconded by Councilman Christy and carried.
  • The Supervisor received a request from Highway Superintendent Gardner regarding a resolution for standardization. This resolution has been tabled for the June meeting.
  • Supervisor Steger has received from the Office of Real Property Tax the Final Railroad Ceiling, the Final Special Franchise Full Value, and the Tentative Telecommunications ceiling. They are on file in the Assessor’s office for inspection during normal business hours.
  • Councilman Christy made a motion to authorize the remaining balance of $28,571.93, from the NYSDWSRF (NYS Drinking Water State Revolving Loan Fund) toward principal debt service with no further requests for disbursement for Project No. D0-17637. The motion was seconded by Councilman Schaeffer and carried.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman stated there is a Dunkirk/Fredonia Chamber event being held Friday, May 11, 2018 at the Clarion. The event is ‘Grape Expectations’.

DEPUTY HIGHWAY SUPERINTENDENT CHARLES WHITE III
  • Cemetery Sexton, Brad Dietzen, has been moved to the Chapel.
  • The Forest Hill Cemetery fence is in the final stage to be complete. Councilwoman Eckman will look to the Northern Chautauqua Community Foundation for any grant money to help with the costs of the repairs to the fence.
  • A tree at Pioneer Cemetery was endangering the safety on East Main Street. This tree has been removed.
  • The Highway Department Sweeper has a broken part. The Town of Portland assisted the Town of Pomfret with sweeping roads to prepare for oil and stoning.
  • Oil and stoning of Pomfret roads will begin within the next week.
  • The Town Highway Department has hauled 560 ton of free sand which will be used as a filler with the current sand on hand. This has been approved by the EPA for traction control.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 8:36 P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

April 11, 2018 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 11, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Brett Christy
Ann Eckman                         
          
The Pledge of Allegiance of the Flag was recited

DULY MOVED by Supervisor Steger to accept the minutes of the March 14, 2018 Public Hearing for 6:15P.M. The motion was seconded by Councilman Christy and the motion carried.        

DULY MOVED by Supervisor Steger to accept the minutes of the March 14, 2018 Public Hearing for 6:57P.M. The motion was seconded by Councilwoman Eckman and the motion carried.  

DULY MOVED by Supervisor Steger to accept the minutes of the March 14, 2018 Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the April 3, 2018 Public Hearing at 5:30P.M. The motion was seconded by Councilman Schaeffer and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the April 3, 2018 Town Board Special Meeting. The motion was seconded by Councilman Christy and 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 # 4 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-               AYE
Councilwoman Eckman-        AYE

General Fund Town Wide                  $39,256.45
General Fund Part Town                    $17,304.54
Highway Fund Part Town                  $27,051.31
Berry Road Water District                  $58.31
Chestnut Road Water District             $35.50
North End Water District                    $113.01
Van Buren Water District                   $9,179.68
Lily Dale Sewer District                     $1,133.54

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for March 2018 are as follows:
                        Justice Pulci Total Cases: 192
                        Total Fines & Surcharges: $15,163.00
                        Justice Dietzen Total Cases: 196
                        Total Fine & Surcharges: $18,784.00
  • The Historian report for April 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department March 2018 report is on file in the Clerk’s office. There was a total of 177 calls, with 25 being within the Town of Pomfret.
  • Clerk Dispense has received the Supervisor’s 2017 Financial report and is on file in the Clerk’s office during normal business hours.
  • Supervisor Steger made a motion to authorize Clerk Dispense to attend the IIMC (International Institute of Municipal Clerks) conference from May 21-25, 2018 at a reasonable cost to the Town. The motion was seconded by Councilwoman Eckman and carried.
  • Clerk Dispense has been working on obtaining quotes to upgrade the Town of Pomfret phone system. All quotes shall be obtained before the next meeting and will share and discuss then.

AUDIENCE CONCERNS
  • Jim Lynden and Doug Essek, Village of Fredonia Trustees, addressed the board concerning the condition of Russel Joy Park. The Village DPW Supervisor has come up with a number of $68,000.00 to repair the roofs on the pavilions, the parking lot, and the storage building located by the upper pavilion. Supervisor Steger suggested the Village look into grant money, as this is a shared park between the two municipalities. The Village DPW Supervisor and Pomfret Highway Superintendent, Jude Gardner, will work together to prioritize the work which needs to be done.
  • Dan Tabaczka addressed the board regarding the property located at 4627 West Main Rd. Supervisor Steger replied the property is with the County now and that tax auction will be held in June of 2018.
  • Robert Dando, Pomfret resident, stated the Chautauqua County Worker’s Memorial is on May 5, 2018 at the County Park in Frewsburg.

SUPERVISOR STEGER
  • The Fredonia Fire Department will be holding their annual Fund Drive during the weeks of May 25, 2018 and June 09, 2018. Supervisor Steger made a motion to proclaim the weeks of May 25, 2018 and June 09, 2018 as “Annual Fireman’s Fund Drive Weeks”. The motion was seconded by Councilman Schaeffer and carried.
  • Councilman Christy made a motion authorizing Supervisor Steger to enter into a preservation covenant with New York State concerning the Village of Fredonia Barker Commons Project, there is knowledge the Town of Pomfret has not asserted ownership control or maintenance of the Village of Fredonia Barker Commons. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to schedule a public hearing for May 09, 2018 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of the Lily Dale Water District. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger has been informed the DEC has changed their regulations regarding the discharge of the Lily Dale Sewer Plant. Improvements will need to be made based on the new requirements.
  • ORPS, Office of Real Property Services, has distributed the tentative franchise value. It is on file with the Clerk’s office as well as the Assessor’s office.
 
  • Councilman Christy made a motion to adopt the proposed Local Law amending Local Law NO. 2 of the year 1995 of the Town of Pomfret, entitled “The Zoning Law of the Town of Pomfret, and amending the Zoning Code of the Town of Pomfret, adding the definition of ‘Hospital and Health Care Facility’ to the AR-1 zoning district. The motion was seconded by Councilwoman Eckman.
Roll Call:
Councilman Christy-                     AYE
Councilwoman Eckman-              AYE
Supervisor Steger                          AYE
Councilman Sedota                      NO
Councilman Schaeffer                  NO

The motion is denied.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer made a motion to appoint Gregory Danielson, 31 Gills St., Fredonia, to the Zoning Board of Appeals for the Town of Pomfret with a term to expire the second Wednesday in January 2023. The motion was seconded by Councilwoman Eckman and carried.

COUNCILMAN CHRISTY
  • Councilman Christy welcomed Jude Gardner, Highway Superintendent to his first board meeting and stated he believes he’s the right choice for the position and looks forward to working with him in the future.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Supervisor Steger made a motion to authorize the Highway Superintendent to attend the annual Highway School in Ithaca, June 4-6, 2018 at a reasonable cost to the town. The motion was seconded by Councilman Schaeffer and carried.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to make arrangements for Loren Laurito, Pomfret Highway Employee, to attend the necessary classes to work towards his water certification. The motion was seconded by Councilman Sedota and carried.
  • The excavator has been delivered to the highway department.
  • The Highway department has been working on fixing the plumbing at the Chapel located at Forest Hill Cemetery. They will also be moving the Pomfret Sexton from the Forest Hill Gate House to the Chapel on Friday of this week (April 13, 2018)

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:26P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

April 3, 2018 Public Hearing-AR-1

PUBLIC HEARING of the Town Council of the Town of Pomfret held Tuesday, April 3, 2018 at 5:30P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                      
                        Councilman Brett Christy
                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilwoman Ann Eckman


Supervisor Steger opened the Public Hearing with the Pledge of Allegiance.

Supervisor Steger made a motion to reconvene the Public Hearing from March 14, 2018. The motion was seconded by Councilman Schaeffer and carried.

The Town Clerk produced proof of posting and publishing.
        
This public hearing is regarding the adoption of a local law of the Town of Pomfret for the year 2018 entitled A Local Law amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled “The Zoning Law of the Town of Pomfret”, and amending the Zoning Code of the Town of Pomfret.  The text of the local law is as follows:

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.

The Pomfret Town Board went thru the SEQR process at length.

AUDIENCE CONCERNS:
  • Al Pacos, E. Main Rd., presented to the board signed petitions of those who are opposed of the zoning changes. These are on file in the Clerk’s office.
  • Russ Swanson, Lake Erie Mobile Home Park, stated to the board he is against the zoning changes and enjoys the farming community which he lives in.
  • Jill Casey, representing Joan and Thomas VanDette, addressed the board stating their opposition of the zoning changes.
With no further comments/concerns from the audience, Councilman Christy made a motion to close the Public Hearing at 6:52P.M. The motion was seconded by Councilwoman Eckman and carried.
Respectfully Submitted,

Allison Dispense
Pomfret Town Clerk
 

April 2, 2018 Special Meeting of the Town Board Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 6:52 P.M. April 3, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Brett Christy
Ann Eckman
          
The Pledge of Allegiance of the Flag was recited prior the scheduled public hearing held at 5:30P.M.

SUPERVISOR STEGER
 
  • The Town of Pomfret duly convened in Special Session, April 3, 2018, does hereby resolve as follows:
    1. The Town Board of the Town of Pomfret hereby finds and determines that:
    a) It has considered the action, reviewed the Full Environmental Assessment   Form, reviewed the criteria set forth in 6 NYCRR Section 617.7(c), thoroughly analyze    the relevant areas of potential environmental concern, and has duly considered all the potential environmental impacts and magnitude in connection with the proposed Town of Pomfret Local Law for 2018 entitled “A Local Law Amending the Zoning Code of the Town of Pomfret”, which Local Law would add definitions and permit by Special Use Permit, hospital and health care facility in the AR-1 zone.

    b) The adoption of this Local Law will not result in any large and important environmental impacts, and therefore is one which will not have a significant impact upon the environment, and therefore, a negative declaration is hereby declared.

    c) The reasons supporting this determination are set forth on Part II on the Full Environmental Assessment Form reviewed and adopted by the Town Board with respect to the adoption of this Local Law, a copy of which is on file in the office of the County Clerk.

                2.The Town Board of the Town of Pomfret as lead agency referenced to the above described action, hereby Adopts a negative declaration pursuant to 6 NYCRR Section 617.7(c) with  respect to the adoption of said Local Law;  Authorizes the Supervisor in the Town to sign a negative declaration    determining said non-significance;  Authorizes the Town Clerk to forward a copy of said negative declaration        to the New York State Department of Environmental Conservation, the Planning Board of the Town of Pomfret, the County Planning Department, New York State Department of Transportation, New York State Commissioner of Agriculture and Markets. 
            3.This resolution shall take effect immediately.

The above resolution was made by Supervisor Steger, seconded by Councilwoman Eckman, and a roll call vote held as follows, the motion carried:
Roll Call:
Supervisor Steger-                  AYE
Councilman Sedota-               NO
Councilman Schaeffer-           AYE
Councilman Christy-               AYE
Councilwoman Eckman-        AYE
 
  • Councilman Sedota made a motion to table the decision on the purposed local law regarding the zoning changes to an AR-1 district. The motion was seconded by Councilman Schaeffer and carried. 
DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman to adjourn the Special Town Board Meeting at 7:27P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

March 14, 2018 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. March 14, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Donald Steger
Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Deputy Highway Superintendent Charles White

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Brett Christy
          
ABSENT: Ann Eckman                         
          
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 February 14, 2018 Public Hearing. The motion was seconded by Councilman Schaeffer and the motion carried.    

DULY MOVED by Supervisor Steger to accept the minutes of the February 14, 2018 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Sedota to approve the payment of bills as presented by the Town Clerk on Abstract # 3 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-               AYE
Councilwoman Eckman-        Absent

General Fund Town Wide                  $12,995.53
General Fund Part Town                    $1,268.50
Highway Fund Part Town                  $8,533.25
Berry Road Water District                  $121.93
Chestnut Road Water District             $99.00
North End Water District                    $303.50
Lily Dale Sewer District                     $466.93
          
TOWN CLERK REPORTS
  • Pomfret Town Justices reports for February 2018 are as follows:
                        Justice Pulci Total Cases: 187
                        Total Fines & Surcharges: $12,955.00

                        Justice Dietzen Total Cases: 172
                        Total Fine & Surcharges: $16,498.00
  • 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 February report is on file in the Clerk’s office. There was a total of 188 calls, with 26 being within the Town of Pomfret.
SUPERVISOR STEGER
  • Supervisor Steger made a motion to tentatively approve the application for water service at 10432 Christy Road, Fredonia, pending the Village response for the authorizing the additional service. The motion was seconded by Councilman Schaeffer and carried.
  • Councilman Schaeffer made a motion to authorize the Supervisor to submit a letter of support to the City of Dunkirk in their joint application with CREATE for the 2018 Bloomberg Public Art Challenge. The motion was seconded by Councilman Sedota and carried.
  • Supervisor Steger has received the tentative Railroad Ceiling.
  • The Town Board has received a letter of opinion from Marty Sanden regarding the NYSDOT design plan for the Routes 60 and 20 round-a-bout. His letter stresses the advocating for ‘extending comparable pedestrian accommodations through and surrounding the Traffic Circle”.  His letter is on file in the Clerk’s office.
  • Supervisor Steger has received correspondence from Town Attorney, Jeffrey Passafaro, regarding wireless telecom ‘mini cell’ towers. The Attorney will be looking into getting more information to the board.
  • Supervisor Steger made a motion, seconded by Councilman Schaeffer and carried to schedule a public hearing for April 3, 2018 at 5:30 p.m. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York with a special meeting to follow immediately after with the Pomfret Town Board, regarding the adoption of a local law of the Town of Pomfret for the year 2018 entitled  A Local Law amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled “The Zoning Law of the Town of Pomfret”,  and amending the Zoning Code of the Town of Pomfret.  The text of the local law is as follows:
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.
Copies of the proposed local law are available for review at the Town Clerk’s office.
The Town Board will also hear all matters under the State Environmental Quality Act.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer will be meeting with the Zoning Board Chairman, David Fridmann, to conduct interviews to fill the vacancy on the Zoning Board. These will take place on March 21, 2018 at 6:00P.M. at Town Hall.
COUNCILMAN CHRISTY
  • Councilman Christy made a motion to appoint Jude A. Gardner to fill the vacancy created by the sudden passing of former Highway Superintendent Daniel Bigelow as Pomfret Highway Superintendent, thru December 31, 2018. The motion was seconded by Councilman Schaeffer. The motion carried after a roll call vote.
ROLL CALLL:
Supervisor Steger:             AYE
Councilman Sedota:          AYE
Councilman Schaeffer:     AYE
Councilman Christy:         AYE
Councilwoman Eckman:   Absent
  • Mr. Christy thanked the highway department for the great job they have been doing during this winter.
  • Councilman Christy stated he will be working and meeting with the Village of Fredonia, mid-April, regarding the upcoming expiration of the Pomfret Fire Protection contract.
DEPUTY HIGHWAY SUPERINTENDENT REPORT
  • Jude Gardner and Clerk Dispense met with Marcus Anten, Ti-Sales, on Monday March 12th regarding the master meters in the North End Water District. There is a meeting scheduled with Clerk Dispense and Ti-Sales on March 20, 2018 to make sure all meters are listed correctly in the water billing system. From there, the Town, Ti-Sales, and Village of Fredonia will be looking to meet to get everyone on the same page.
  • The cemetery mowers which were approved at last month’s meeting have been delivered to the Highway Department.
  • Berry Road Water District is in need of a new fire hydrant. The cost for a new one will be approximately $1,000.00. The board instructed the Deputy Highway Superintendent to move forward with replacing the hydrant.
  • The board has instructed the Highway Department to move forward with moving the Pomfret Cemetery Sexton, Brad Dietzen, to the Chapel located at Forest Hill Cemetery.
  • Councilman Christy made a motion to authorize the Deputy Highway Superintendent to accept and purchase highway materials, motor fuels, gravel, stone, black top, binder, oil, etc., from and on other proper authorized municipal bids in municipalities in the County of Chautauqua and surrounding counties in New York State for the year 2018. The motion was seconded by Supervisor Steger and carried by roll call vote.
ROLL CALL:
Supervisor Steger:             AYE
Councilman Sedota:         AYE
Councilman Schaeffer:     AYE
Councilman Christy:         AYE
Councilwoman Eckman:   Absent
  • Supervisor Steger made a motion to authorize the Deputy Highway Superintendent to post any Town roads at his discretion with weight under the Vehicle and Traffic law for the year 2018. The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor Steger made a motion to authorize the Deputy Highway Superintendent to purchase a New Holland E35B mini excavator with thumb and Q Attach coupler off state contract pricing at a cost of $48,380.25. The Deputy Highway Superintendent is authorized to declare the 1998 Bobcat 325 as surplus and authorize the trade in, in the amount of $14,708.25. The total purchase amount for the Town of Pomfret is not to exceed $38,529.00. The motion was seconded by Councilman Schaeffer and carried by roll call vote.ROLL CALL:
    Supervisor Steger:                   AYE
    Councilman Sedota:               AYE
    Councilman Schaeffer:           AYE
    Councilman Christy:               AYE
    Councilwoman Eckman:         Absent
     
  • DULY MOVED by Councilman Christy, seconded by Councilman Sedota to adjourn the Regular Town Board Meeting at 8:13 P.M. The motion was carried unanimously.
  • Respectfully Submitted   Allison Dispense,Town Clerk

March 14, 2018 Public Hearing-B2 District

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, March 14, 2018 at 6:15P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                        Deputy Highway Superintendent Charles White

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilman Brett Christy

ABSENT:      Councilwoman Ann Eckman

 Supervisor Steger opened the Public Hearing with the Pledge of Allegiance.

            The Town Clerk produced proof of posting and publishing.

A public hearing is being held by the Town Board of the Town of Pomfret on March 14, 2018 at 6:15 p.m. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York, regarding the adoption of a local law of the Town of Pomfret for the year 2018 entitled  “A Local Law amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled “The Zoning Law of the Town of Pomfret”,  and amending Local Law No. 2 of the year 2014 adopting the Code of the Town of Pomfret. The text of the local law is as follows:

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 300-16 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 300-16 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.

AUDIENCE CONCERNS:
  • Planning Board Chairman, Jim Joy, addressed the board with a letter from the Pomfret Planning Board. The letter read:
“As Planning Board members serving the Town of Pomfret we feel compelled to write in response to the most recent recommendations made by the Chautauqua County Planning Board regarding proposed changes in the Pomfret Zoning Code. After reading both letters and speaking with Supervisor Steger we felt it was important to state for the record that we strongly recommend and urge you to consider the previously proposed zoning changes presented to you by the Planning Board and Zoning Board of Appeals.

We agree with the County’s disapproval for making changes to the AR-1 zone to accommodate the inclusion of a hospital. This action would represent the perfect example of “spot zoning” and place residents within the areas in less desirable positions regarding their property values and usage. We feel strongly that changing the proposed areas on Rt.20 and Rt. 60 from AR1 zones to B2 zones remains in the best interest of the town and its residents. We continue to believe that changing the areas to B2 zones accurately reflects the recommendation for growth identified in the Agricultural Comprehensive Plan for the Town of Pomfret. It also reflects recent property sales, variance applications, building permits and inquiries in those areas.

We do not believe that creating an entirely new or different zone is necessary as it is contradictory to what the State and County has identified as appropriate. We concur that a minimal number of changes in allowable uses may be warranted. We agree that uses such as vehicle dismantling/scrap yard and television dish antennas should be removed from the recommended uses in a B2 and that all current allowable uses in the B2 zones identified in the Town of Pomfret Code may require review and revisions to update. IT has been confirmed by representatives from the Chautauqua County Department of Planning and Economic Development as well as the town’s attorney that the amount of effort in paperwork and time needed to address the zoning changes does not differ regardless of which change is chosen. With no difference in workload, time or cost incurred, we firmly believe that changing the proposed areas from AR1 to B2 zone remains the best choice. We urge you to act in a manner that serves the best interest of the Town of Pomfret and its residents and presents the highest level of potential growth and prosperity for all both now and in the future. Thank you for your consideration.”

Mr. Joy stressed the importance of being proactive with requests coming before the Town of Pomfret.
 
  • Dan Pacos, Pomfret Planning Board member, addressed the board and audience stating the Planning Board has been proactive in addressing the changes coming forth to the Town of Pomfret.
  • Jill Casey, representing Mr. & Mrs. Vandette of 3710 E. Main Rd., addressed the board, going on record, stating the disproval of the zoning changes. A letter was submitted to members of the board and is on file with the Clerk’s Office.
  • Doug Essek, Village Resident, addressed the board asking if a SEQR has been completed. The Supervisor responded that it has.
  • Mark Twitchell thanked the Chautauqua County Planning Board for recognizing the agriculture land and its efforts in trying to preserve it.
  • Mike Speziale stated he is against the zoning changes and would like to see the land stay as is for the wildlife.
With no further comments/concerns from the audience, Supervisor Steger made a motion to adjourn the Public Hearing at 6:56P.M. The motion was seconded by Councilman Schaeffer and carried.
Respectfully Submitted,
Allison Dispense
Pomfret Town Clerk
 

March 14, 2018 Public Hearing-AR-1 District

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, March 14, 2018 at 6:57P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                        Deputy Highway Superintendent Charles White

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilman Brett Christy

ABSENT:      Councilwoman Ann Eckman

            Supervisor Steger opened the Public Hearing with the Pledge of Allegiance already being recited before the prior public hearing held at 6:15P.M.

The Town Clerk produced proof of posting and publishing.

A public hearing held by the Town Board of the Town of Pomfret on March 14, 2018 at 6:25 p.m. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York, regarding the adoption of a local law of the Town of Pomfret for the year 2018 entitled, “A Local Law amending Local Law No. 2 of the year 1995 of the Town of Pomfret”, entitled “The Zoning Law of the Town of Pomfret”,  and amending the Zoning Code of the Town of Pomfret.  The text of the local law is as follows:

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.

With no further comments/concerns from the audience, that were not previously stated in the prior public hearing, Supervisor Steger made a motion to adjourn the Public Hearing at 7:09P.M. The motion was seconded by Councilman Sedota and carried.
Respectfully Submitted,
Allison Dispense
Pomfret Town Clerk


 

February 14, 2018 Public Hearing Minutes

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, February 14, 2018 at 6:15P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Attorney Jeffrey Passafaro
                        Deputy Highway Superintendent Charles White

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilwoman Ann Eckman

ABSENT:       Councilman Brett Christy

 Supervisor Steger opened the Public Hearing with the Pledge of Allegiance.

The Town Clerk produced proof of posting and publishing.
          
The purpose of this public hearing is regarding the adoption of a local law of the Town of Pomfret for the year 2018 entitled “A local law for the Year 2018 amending Local Law No. 2 of the year 1995 entitled ‘The Zoning Law of the Town of Pomfret’.” The text of the local law is as follows:

Section One –
The Town Board of the Town of Pomfret, upon recommendation of the Planning Board of the Town of Pomfret after thorough review by said Planning Board, desires to amend the Zoning Law of the Town of Pomfret and Code to change the District designation of certain properties in the Agricultural-Residential  AR-1 District along certain sections of the Route 20 and Route 60  corridor to Highway Business (B-2) District. This local law will  also amend the zoning map establishing District boundaries in the Town of Pomfret.
The Town Board of the Town of Pomfret enacting this legislation hereby exercises the authority granted to it by the Town Law, General Municipal Law, and Municipal Home Rule Law of the State of New York.

Section Two – Re-districting.
 The Town Board of the Town of Pomfret hereby amends the zoning map and amends the properties sited in the Highway Business (B-2) District under the Town of Pomfret Zoning Law by  designating certain properties and areas of the Town defined in  Section Three as now being part of the Highway Business (B-2)  District under the Town of Pomfret Zoning Law and Code. Said  properties redistricted to be subject to all rules, regulations created  and established, and as amended from time to time, relative to said B-2 District.

Section Three – Properties Re-Zoned
                          and Re-Districted to
                          Highway Business (B-2) District:

Route 20 Corridor – The area beginning with the easterly line of parcels SBL 114.00-3-8 (commonly known as 3724 East Main Road) on the north side of New York State Route 20 and SBL 114.05-2-34 (commonly known as 3721 East Main Road) on the south side of Route 20, and running thence easterly along New York State Route 20 extending to and  including parcels known as SBL 114.00-3-15 (commonly known as 3602  East Main Road) on the north side of New York State Route 20 and SBL  114.00-3-17.2 (commonly known as 10433 Christy Road) on the south  side of New York State Route 20 to the Town Line of the Town of  Pomfret and the Town of Sheridan. The B-2 District shall run north to the Town of Dunkirk line and to a depth on the south side of New York State  Route 20 of 800 feet from the centerline of the New York State Route 20  right of way. Route 60 Corridor – Commencing on the east side of New York State Route 60 at the intersection of the center line of New York State Route 60  and New York State Route 83, and running thence southerly approximately 2,530 feet to the south line of parcel SBL 148.00-1-8. Said B-2 District to have a depth of 500 feet from the centerline of the Route 60 right of way running east.

Section Four – Severability:   If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment or order shall be rendered by a court of competent jurisdiction.

Section Five – Repeal:  Any Local Laws of the Town of Pomfret or Code section inconsistent with this Local Law are hereby deemed repealed.

Section Six – 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 note one of the requirements is submission to the County Planning and Economic Development. The town received response from the County Planning and Economic Development on February 13, 2018. Mr. Steger read aloud to the Board and all those present the response from the County Planning Board Chairman, Douglas Bowen, per the request of audience member Michael Barris. This letter is on file in the clerk’s office for review during normal Town Hall business hours.

Audience Concerns:
  • Steve Wasiura presented a letter to the Town Board and a letter to the Pomfret Zoning Board of Appeals. This letter(s) is on file in the clerk’s office for review during normal Town Hall business hours. Mr. Wasiura asked the members of the board how residents can stay appraised of the current zoning matter, to which, Supervisor Steger, replied the Regular Town Board meetings are always open to the public, held the second Wednesday of each month. Mr. Wasiura is stated, on the record, of being opposed to any zoning changes.
  • Jill Casey, representing, Thomas and Joan Van Dette, of 3710 East Main Rd., are opposed of the changes in zoning as purposed. They are opposed for numerous reasons. A letter of their opposition has been distributed to the board. This letter is on file in the clerk’s office for review during normal Town Hall business hours. They state this area is primarily agriculture and residential and any change to zoning will create a nuisance to quiet enjoyment of current residents and in compatible land use with current uses and wish the town board will continue to protect residential and agriculture uses within this neighborhood. They also note they do not think this is the best location for a hospital, as it surrounds their property and would dramatically change the use of their home and yard. Ms. Casey also represented Al Pacos, 3711 East Main R., who is opposed to any zoning changes which will have any result in a tax increase or valuation change to his property. He also takes the stand he is against any permit of an entrance off Rt. 20 and the purposed hospital location.
  • Michael Speziale addressed the board regarding if the zoning change(s) is something being prompted by the County. Supervisor Steger answered, the zoning change(s) are being prompted because they are within the Town’s Comprehensive Plan, also because of the requests coming before the code enforcement officer. Mr. Speziale is being stated, on the record, of being opposed to any zoning changes and any development of a hospital in this area.
  • Melanie Brushaber-Goulding, 3685 East Main Rd., went on the record to oppose any zoning change or hospital placement in this area. She feels it will greatly affect the raising of her children which is currently a quiet neighborhood.
  • Jim Joy, Pomfret Planning Board Chairman, went on the record stating this zoning change is within the vision plan of the Pomfret Comprehensive Plan, that this area is a potential growth area. Mr. Joy stated it is a coincidence the timing of the zoning change and the hospital announcing its new location.
  • Jeff Lee, Pomfret resident, addressed the board asking if there was anything the Pomfret residents have to gain or benefit from a hospital going in. He stated the board should have more input regarding the purposed hospital’s new location. Supervisor Steger replied a benefit will be the offshoot of businesses being located in the new proposed B2 district.
With no further comments/concerns from the audience, Supervisor Steger made a motion to adjourn the Public Hearing at 6:46P.M. The motion was seconded by Councilman Schaeffer and carried.
Respectfully Submitted,
 Allison Dispense
Pomfret Town Clerk






 

February 14, 2018 Regular Town Board Meeting Minutes

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
 

January 10, 2018 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. January 10, 2018 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                          Supervisor Donald Steger
PRESENT:        Town Clerk Allison Dispense
                       Town Counsel Jeffrey Passafaro
COUNCILPERSONS:         
                            Christopher Schaeffer
                          John Sedota
                         Brett Christy
                         Ann Eckman 

ABSENT:    Highway Superintendent Daniel Bigelow
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the December 13, 2017 Town Board Meeting. The motion was seconded by Councilman Schaeffer and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the January 3, 2017 Organizational Meeting Minutes with the following amendment:

Jeffrey Passafaro-Town Counsel              $120.0/$150.00 per hour

AMENDMENT:
Jeffrey Passafaro-Town Counsel           $125.00/$160.00 per hour

The motion was seconded by Councilman Schaeffer and carried.
          
DULY MOVED by Supervisor Steger and seconded by Councilman Christy to approve the payment of bills as presented by the Town Clerk on Abstract # 13 of 2017.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide           $14,830.93
General Fund Part Town             $578.18
Highway Fund Part Town           $18,814.70
Berry Road Water District           $22.68
North End Water District             $822.34
Lily Dale Sewer District              $401.69
DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 1 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-AYE
Councilwoman Eckman-AYE

General Fund Town Wide           $16,132.96
General Fund Part Town             $17,107.30
Highway Fund Part Town            $16,023.24
VB Water District                        $11,557.30
Lily Dale Sewer District              $25.99
          
TOWN CLERK REPORTS
  • Pomfret Town Justices reports for December 2017 are as follows:
                        Justice Pulci Total Cases: 150
                        Total Fines & Surcharges: $12,438.00

                        Justice Dietzen Total Cases: 134
                        Total Fine & Surcharges: $13,795.00
  • The annual Historian report for 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The annual Town Clerk report for 2017 has been distributed to the Town board.
  • The annual Code Enforcement Officer report for 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
SUPERVISOR STEGER
  • Supervisor Steger made a resolution stating the 2017 Town Justice Court books have been reviewed and accepted by the Pomfret Town Board. The resolution was seconded by Councilman Christy and carried.
  • The following resolution was approved by the Town Board regarding a public hearing scheduled for February 14, 2018 at 6:15P.M. at 9 Day Street, Fredonia.
            WHEREAS, the Town Board of the Town of Pomfret has been presented with a recommendation from the Planning Board of the Town of Pomfret to amend the Town Zoning Map and District boundaries by changing certain properties currently zoned AR-1 along the Route 20 East corridor and Route 60 South corridor to Highway Business (B-2) District, and

            WHEREAS, the Planning Board of the Town of Pomfret has extensively reviewed the properties and uses currently existing along Route 20 east of the intersection of New York State Routes 20 and 60 to the Town of Sheridan line along New York State Route 20, and on the east side of New York State 60 running southerly from the intersection of New York State Route 83 in the Town of Pomfret, and

            WHEREAS, the recommendation to amend said District boundaries and change the zoning designations of these properties is in conformance with the Town of Pomfret agricultural plan,

NOW THEREFORE, on motion of Councilman Christy, seconded by Councilwoman Eckman, it is

                  RESOLVED that the Town Clerk is hereby directed to publish and post said notice of public hearing as required by Law.
 
  • The following resolution was approved by the Town Board:
WHEREAS, the Town Board of the Town of Pomfret has called for a public hearing on a proposed Zoning Law and Code Amendment redistricting certain properties in the Route 20 and Route 60 corridor in said Town, and

      WHEREAS, the Town Board of the Town of Pomfret is the board with ultimate decision-making authority regarding the adoption of said Local Law Amending the Zoning Law and Code of the Town of Pomfret, and

      WHEREAS, the State Environmental Quality Review Act requires that said board review all environmental issues which may arise as a result of said enactment of such legislation,

NOW, ON MOTION of Councilwoman Eckman, second by Councilman Christy, it is

      RESOLVED, that the Town Board of the Town of Pomfret hereby declares that it will be the lead agent for SEQR review under the State Environmental Quality Review Act and the implementing regulations for the proposed legislation enacting changes to the Town of Pomfret Zoning Law and Code redistricting certain properties along the Route 20 East and Route 60 South corridor to Highway Business (B-2), and it is further

      RESOLVED, that the Town Clerk is hereby directed to provide notice of this adoption of resolution to the Chautauqua County Planning Department and Board, the Village of Fredonia Clerk, the Town of Sheridan Clerk, and any other interested or involved agency.
 
  • The Pomfret Town Board is directing the Planning/Zoning Clerk, EvaDawn Bashaw, to notify all residents by first class mail, who will be affected by the zoning amendment to a B-2 area. 
  • Councilwoman Eckman made a motion to schedule a Town Board Workshop meeting on Thursday, February 1, 2018 at 5:30P.M. for the purpose of discussing the allowable uses in a B-2 Zoning District and definitions within the zoning code. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger has been notified by Cohen Law Group regarding a free legal assessment for Cable Franchise and Wireless Facilities issues. The Supervisor will pursue this offer in regards to the ‘mini cells’ for wireless facilities.
  • There will be a meeting held on January 11, 2018 with the Chadwick Bay Association.
  • Supervisor Steger has been notified regarding scheduling a meeting with the Town of Dunkirk, Town of Pomfret, and Village of Fredonia regarding the water and sewer lines for the purposed hospital to be built within the Town of Pomfret. Supervisor Steger will notify the board when this meeting will take place. 
HIGHWAY SUPERINTENDENT BIGELOW
  • Supervisor Steger made a motion to hire Jeffrey Abbey, 20 Central Ave., Brocton, N.Y. for the Pomfret Highway Department at a rate of pay of $18.00 per hour as established at the December 13, 2017 Town Board meeting. The motion was seconded by Councilwoman Eckman and carried.

DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:50P.M. The motion carried.


Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

January 3, 2018 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 3, 2018

Present:       Town Supervisor Donald R. Steger
                       Town Clerk Allison Dispense
                                     

Councilpersons:      Councilman John Sedota
                                    Councilman Christopher Schaeffer
                                    Councilman Brett Christy
                                    Councilwoman Ann Eckman
                                   
APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                          $ 9,000
Councilperson                         (4)       $ 4,500 (each)
Town Justices                         (2)       $15,213(each)
Town Clerk                                         $38,458
Highway Superintendent                    $61,920

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman and carried.

BOARD OF ASSESSMENT REVIEW 

The following members will continue to serve on the Board of
Assessment Review with their terms expiring as so stated and with the re-appointment of Alan Shaw to serve
on the Board of Assessment Review with the term expiring as listed
below:

Kirk Hutchinson                     9/30/2018
Roger Renswick                     9/30/2019
Michaelene Comerford          9/30/2020
Harry Centner                         9/30/2021
Alan Shaw                              9/30/2022

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

Councilwoman Eckman appointed as Deputy Supervisor at the salary of $600.00.

DULY MOVED by Councilman Schaeffer seconded by Councilman Sedota and carried.

APPOINT DEPUTY TOWN CLERK 

Town Clerk Dispense appoints EvaDawn Bashaw and Ann Renckens as Deputy Town Clerks.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

Highway Superintendent Daniel Bigelow appoints Charles White
as Deputy Highway
Superintendent at the rate of $.50 per hour in addition to his
hourly rate.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried by roll call vote.
Roll Call:
Supervisor Steger-                  AYE
Councilman Sedota-               AYE
Councilman Schaeffer-          AYE
Councilman Christy-              NO
Councilwoman Eckman-        NO

DULY MOVED by Councilman Christy, seconded by Councilwoman Eckman, to appoint Charles White as Deputy Highway Superintendent at the rate of $1.00 per hour in addition to his hourly rate. The motion does not carry after roll call vote.
Roll Call:
Supervisor Steger-                  NO
Councilman Sedota-               NO
Councilman Schaeffer-          NO
Councilman Christy-              AYE
Councilwoman Eckman-        AYE

APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:

Kevin Muldowney – Assessor                $36,435.00 per year
Kathy Ludemann-Assessor Clerk                                         $16.20 per hour
Board of Assessment Review               $11.00 per hour
Warren Kelly-Code/Inspection Officer                     $15,422.00 per year
Warren Kelly-Fire Inspector               $4,233.00 per year
James DeJoe-Zoning Officer               $7,114.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Boards $13.32 per hour

Miriam Washington-Court Clerk   $14.16 per hour
Susan Graves- Court Clerk            $16.20 per hour
David McCoy -Court Officer          $14.64 per hour
Thomas Fisher-Court Officer        $15.12 per hour
Jacob Berger-Court Officer           $14.64 per hour
Michael Callender-Court Officer  $14.64 per hour
Michael Vinciguerra-Town Constable                                   Fees As Allowed By State
Daniel Smith-Town Constable                                               Fees As Allowed By State
Douglas Bunge-Town Constable                                            Fees As Allowed By State
Wanda Szymanski-Town Constable                                       Fees As Allowed By State
Pat Ambrose-Town Constable                                                           Fees As Allowed By State

Allison Dispense -Registrar                                                   Fees As Allowed By State
EvaDawn Bashaw -Deputy Town Clerk  $13.32 per hour
Ann Renkins -Deputy Town Clerk           $10.94 per hour
EvaDawn Bashaw -Collector of Taxes    $5,200.00 per year
Office Help for Tax Collection                 $2,600.00 per year

Jeffrey Passafaro-Town Counsel  $120.00/$150.00 per hour
*amended 1/10/18                       $125.00/$160.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract  $15,000.00 per year
Bahgat & Laurito-Bahgat-Insurance Administrator             $2,000.00 per year

Brad Dietzen-Pomfret Cemetery Records Keeper  $13.00 per hour
Daniel Bigelow-Cemetery Maintenance Supervisor $2,800.00 per year

Charles White(Includes $.50/Hr. for Dep. Highway Supt.)   $28.37 per hour
Dennis Maslak       $27.04 per hour
Loren Laurito         $26.51 per hour
Jude Gardner         $26.35 per hour
Jeff O’Brien             $23.75 per hour
David Dunlop        $23.69 per hour

Daniel Bigelow -Public Works Superintendent    $2,400.00 per year
Daniel Bigelow -Water Dist. System Operator     $2,000.00 per year
Jude Gardner -Water Dist. System Operator       $2,000.00 per year
John Bell-Lily Dale Sewage Treatment Plant Operator       $15,895.00 per year

Daniel Smith-Dog Control Officer      $18.33/day/as needed
Douglas Bunge- Dog Control Officer                          $18.33/day/as needed
Joshua Cybart-Dog Control Officer                          18.33/day/as needed

Tom Battaglia-Recreation Administrator   $2,400.00 per year
Todd Langworthy-Town Historian              $1,200.00 per year

Allison Dispense -Web Master                   $500.00 per year
Allison Dispense - Server Backup              $500.00 per year

Sham Bahgat-Property Manager            $200.00 per year
Marie Biddle-Cleaner                                $275.00 per month

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota and carried.

SICK LEAVE, PAID HOLIDAYS, PERSONAL DAYS, AND VACATIONS FOR 
FULL-TIME EMPLOYEES

Town Hall personnel working a minimum of 35 hours per week
and all Highway
Department employees working a minimum of 40 scheduled
hours per week be eligible
for sick leave, paid holidays, personal days, and vacations as follows:

SICK LEAVE
1.One (1) day earned per month, Twelve (12) days earned per year.
2.After three (3) days, a doctor’s certificate is required.
3.Sick leave can be accumulated up to one hundred and sixty-five (165) days at full salary.

PAID HOLIDAYS
New Year’s Day                    Columbus Day
Martin Luther King Day      Election Day
President’s Day                   Veteran’s Day
Good Friday                        Thanksgiving & Day After
Memorial Day                     Christmas Day
July 4th                                Labor Day                                                        Birthday (Floating day with proper notification and approved
by Highway
Superintendent for Highway employees.)

PERSONAL DAYS
Each eligible person shall receive (2) personal leave days per year.

VACATIONS
1. No paid vacation allowed during first full year.
2. After completing:
One full year                           One week paid vacation Five (5) days
Two full years                         One week paid vacation Five (5) days
Three & Four full years         Two weeks paid vacation Ten (10) days
Five full years                        Three weeks paid vacation Fifteen (15) days
Six full years                          Additional day Sixteen (16) days
Seven full years                      Additional day Seventeen (17) days
Eight full years                       Additional day Eighteen (18) days
Nine full years                                    Additional day Nineteen (19) days
Ten full years                          Additional day Twenty (20) days
Maximum Paid Vacation        20 Days

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried.

TOWN OF POMFRET INSURANCE BENEFITS

Any insurance benefits offered by the Town of Pomfret are subject
 to approval by the TownBoard.  The grant of any employment
benefit in these resolutions does not, nor is it intended to,
create a contract. The Town Board reserves the right to
amend, modify, change, or cancel any
such benefit.

HEALTH INSURANCE BENEFITS

1. No one except full-time employees or those who work more than thirty five
 (35) hours a week and retirees who were full-time employees of the Town for ten (10) years or more
are eligible for health insurance.

Effective January 1, 2014 all individuals eligible for and
participating in the Town’s health insurance plan, will be required to contribute
ten percent (10%) of the annual
premium cost of health insurance.

2. Effective January 1, 2008, any new part-time elected officials, whether elected or
appointed, or part-time employees of The Town of Pomfret, hired after the effective
date, may participate in the plan but shall pay one hundred
percent (100%) of the premium cost without contribution from the Town of Pomfret.


3. Effective January 1, 2008, no part time elected official
retiring after the effective date of
this resolution will be eligible for any health insurance benefit at
Town expense, but may participate in the plan by paying one hundred percent (100%)
of the premium cost
without contribution from the Town of Pomfret.

4. The following resolution adopted November 8, 2006:
RESOLVED, that no post-retirement or post-employment health insurance benefits, shall be afforded to, or provided to, any employee of the Town of Pomfret hired after November 1, 2006, and be it further
RESOLVED, that the Town health insurance policy is so amended, and that the Town Employee Handbook and any other related document amended by this resolution shall be modified and amended as stated herin.

5. The Town of Pomfret has developed an Insurance Buyout policy
for eligible employees who choose to not take advantage of Health Insurance offered
by the Town.  No part time Employee or elected Official is entitled to
participate in any
buyout plan.

For eligible full time Employees the annual buyout amounts
shall be as listed:
Active employees                   Retirees
$1500 Family/Double            $750
$750 Single

At age sixty-five (65) all retirees buyout amounts shall be reduced to $750
(double) and $375 (single) or participation in the Town financed
Senior Medicare
program.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

DENTAL INSURANCE

The following resolution adopted March 23, 1998 will remain
in effect:

1. Those eligible for participation in the plan shall all be full time
employees of the Town
of Pomfret, the Highway Superintendent, and Town Clerk.
The Town as the employer
shall pay fifty percent (50%) of the annual premium and the
eligible employee or Town
official shall pay fifty percent (50%) of the premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town
of Pomfret may participate in the plan but shall pay
one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. It is the policy of the Town Board of the Town of Pomfret to make
eligible for dental
insurance only active employees or officials and no benefits
shall be offered or extended
nor shall this resolution be in any manner construed to extend any
benefit under this plan
to any retired or former Town employee or official.

VISION INSURANCE

The following resolution adopted March 23, 1998 will remain in
effect:

1. Those eligible for participation in the plan shall be all full-time employees of the Town,
the Highway Superintendent, and the Town Clerk. The Town as the
 employer shall pay
one hundred per cent (100%) of the annual premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town
of Pomfret may participate in the plan but shall pay one hundred
 percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. It is the policy of the Town Board of the Town of Pomfret to make
 eligible for vision
insurance only active employees or officials and no benefits shall
 be offered or extended
nor shall this resolution be in any manner construed to extend
any benefit under this plan
to any retired or former Town employee or official.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman and carried.

CLOTHING ALLOWANCES (HIGHWAY DEPARTMENT EMPLOYEES)

The following motion adopted January 5, 2000, and amended
November 8, 2000, will
remain in effect:
The Town of Pomfret will provide a clothing allowance,
including steel-toed work shoes
or boots, of $150.00 per calendar year to all full-time Town of Pomfret Highway
Department employees and the Highway Superintendent.
To receive reimbursement
from the Town, the employee or Highway Superintendent must
 present a paid invoice.

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota and carried.

TOWN PROCUREMENT POLICY

The Town Procurement Policy establishing internal policies and
procedures governing
all procurement of goods and services not subject to the bidding
requirements of General
Municipal Law Section 103, or any other law, originally adopted
March 16, 1992, will
remain in effect.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried.

TOWN DEPOSITORIES

Approve M&T Bank, Community Bank, MBIA CLASS Cooperative
are designated as Town depositories.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

OFFICIAL NEWSPAPER AND POSTING LOCATIONS

The Observer is designated as the official newspaper for the Town.

Pomfret Town Hall will serve as the posting location for notices as required by law.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman and carried.

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .54 per mile for Town
officials while on Town
business, subject to Town Board approval.  Elected Officials will not
be reimbursed for
travel within the Town boundaries.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried.

TOWN PLANNING BOARD

RATE OF PAY

The Town Planning Board Chairperson and members be paid
$1,000.00 and $500.00 respectively for the year 2018, with each term expiring the second
Wednesday in January of the
year listed below and with the reappointment of Daniel Pacos to serve on the Town Planning
Board.
MEMBERS                 YEAR
James Joy-Chairman  2019
Robert Smith              2020
Travis Eckstrom         2021
Janet Szymanski         2022
Daniel Pacos               2023

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota and carried.

ZONING BOARD OF APPEALS
 RATE OF PAY
The Zoning Board of Appeals Chairperson and members be
paid $1,000.00 and $500
respectively for the year 2018, with each term expiring the second
Wednesday in January of the
year listed below:

MEMBERS                             YEAR
David Fridmann-Chairman    2019
Ray Lewandowski                  2020
Ruth Eckstrom                        2021
Michaelene Comerford          2022
Robert Reuther                       2022
VACANCY                             2023

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

SUPERVISOR’S ANNUAL FINANCIAL REPORT

The Supervisor is directed to submit to the Town Clerk his annual
 financial report within ninety (90) days of the closed fiscal year, and send a copy of the
 report to the State
Comptroller, as required by Section 30 of the
General Municipal Law.  The Town Clerk
shall cause summary of such report to be published within
ten (10) days after receipt
thereof in the official newspaper of the Town of Pomfret.
This report will be in lieu of
the annual report due January 30, 2018.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota and carried.

TOWN INVESTMENT POLICY

Maintain the Town’s investment policy, adopted March 14, 1989,
and amended
June 8, 1994, predicated upon the strength of the money market.
DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried.

TOWN BOARD MEETING DATE & TIME

The regular monthly meeting of the Pomfret Town Board is held
the second Wednesday
of each month at the Town Hall, 9 Day Street, Fredonia, New York
at 6:30 PM, unless
otherwise notified.

The regular preview (workshop) meeting of the Pomfret Town Board will be held
the first Wednesday of each month at the Town Hall,
9 Day Street, Fredonia, New York
at 6:30 PM, as needed.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads
 and remove at his
discretion for the year 2018.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman and carried.

CEMETERY FEES

Approve the Town of Pomfret Cemetery fees as follows:

TOWN CEMETERIES
Cemetery Lot/Grave                                                  $500.00
Opening/Closing (Burial)                                          $500.00
Cremains Burial                                                         $250.00
Grave Opening (Cremation; Sat./Sun./Holidays)   $350.00
Grave Opening (Sat./Sun./Holidays)                         $800.00

Charge per half hour if funeral remains after       $30.00
3:00 PM Weekdays or 12:00 PM Sat./Sun./Holiday

Foundations: Per Square Inch                               $.45
Minimum                                $100.00(10”X12”)
Historical Research:   Minimum                              $25.00
                                    Per Hour                                 $25.00

Forest Hill Storage Vault & Rental:
First 30 days                                                               $100.00
After 30 days/for additional 30 days                      $20.00
Or portion thereof

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota and carried.

EXPENDITURES BY HIGHWAY SUPERINTENDENT WITHOUT PRIOR 
APPROVAL 

WHEREAS, Section 142, Subdivision 1(a) of the Highway Law authorizes the Town
Board to adopt a resolution permitting the Town Superintendent
 of Highways to
purchase equipment, tools and implements without prior approval
 of the Town Board in
an amount fixed by them, and

WHEREAS, it is determined by this board to be reasonable and
proper in the best
interest of the efficient functioning of the Highway Department, the
 Town
Superintendent of Highways be granted permission to purchase
 such items without its
prior approval, an amount not to exceed $3,000.00,

NOW THEREFORE BE IT RESOLVED, that the Town Superintendent
of Highways be
and is hereby authorized to spend an amount not in excess of
 $3,000.00 for the purchase of
equipment, tools and implements without prior approval of the
 board.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried.

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON

Appoint Supervisor Steger as Chairperson of the Lily Dale Sewer
 District for the year
2018 at a pay rate of $600.00 and that Councilman Christy is
appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota and carried.

LILY DALE SEWER DISTRICT ACCOUNTING SERVICES

The Town will contract with Bahgat & Laurito-Bahgat to provide accounting services
for the Lily Dale Sewer District for the year 2018 at a rate of
 $500.00 for the year.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy and carried.


MUNICIPAL COOPERATION AGREEMENT FOR HIGHWAY
 PROJECTS & 
MAINTENANCE

WHEREAS, pursuant to New York State General Municipal Law,
 local governments are
authorized to enter into municipal cooperation agreements for the
 performance among
themselves or one of the other of their respective functions, and

WHEREAS, a county-wide “Mutual Aid” agreement for highway projects and
maintenance has been developed to formalize the sharing of
 manpower, equipment and
materials by municipalities in Chautauqua County, and

WHEREAS, the Mutual Aid Agreement provides that assisting
municipalities shall be
entitled to receive services of equivalent value at a later date from
 the municipality
receiving their assistance,

THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby
 authorized and
empowered to execute all documents necessary to confirm the
Town of Pomfret’s
participation in the countywide Mutual Aid Agreement.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota and carried.

SUPERVISOR’S COMMITTEE APPOINTMENTS 

1891 Fredonia Opera House               Eckman           Schaeffer
Audit                                                   Steger                   Eckman           Christy
Buildings                                            Christy                        Schaeffer         Sedota
Cable Commission                             Sedota             Christy            Schaeffer
Cemeteries                                          Steger              Eckman           Christy
Chamber of Commerce                      Sedota             Eckman           Schaeffer
Consolidation                                     Steger              Eckman
Highways                                            Christy             Schaeffer
Libraries                                             Eckman           Schaeffer
Lily Dale Sewer District                    Steger              Christy
Office for Aging                                 Eckman           Schaeffer
Parks & Recreation                            Eckman           Sedota             Christy
Planning Bd. /Zoning Bd.                   Eckman           Christy
Preservation Society                          Sedota             Schaeffer
Public Safety                                      Sedota             Christy            Eckman
(Fire/Police/Code Enforcement/DCO/Courts)

Regional Planning                              Steger              Christy
Special Districts                                 Steger
(Excluding Lily Dale)

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota to approve the Supervisor’s committee appointments. The motion carried.

Motion to adjourn the meeting at 6:37P.M. by Councilman Schaeffer, seconded by Councilman Sedota and carried.

Respectfully Submitted,

Allison Dispense
Town Clerk