October 11, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. October 11, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Supervisor Donald Steger
PRESENT: Town Clerk Allison Dispense
Highway Superintendent Daniel Bigelow
Town Attorney Jeffrey Passafaro
COUNCILPERSONS: Christopher Schaeffer
John Sedota
Ann Eckman
Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the September 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 October 4, 2017 Special meeting of the Town of Pomfret board. The motion was seconded by Councilman Sedota 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 # 10 of 2017 with several additions.
Additions:
Ø Strate Welding-$144.43
Ø Jeff O’Brian-$150.00
Ø Rexford Services-$164.54
Ø Hanson Aggregates-$8,879.93
Ø Gay Mark Tire-$953.00
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 $23,979.58
General Fund Part Town $17,118.79
Highway Fund Town Wide $953.00
Highway Fund Part Town $16,984.29
Berry Road Water District $12,445.83
Chestnut Road Water District $2,845.80
North End Water District $50,370.72
Van Buren Water District $14,252.46
Lakeview Sewer District $294.48
Lily Dale Sewer District $4,208.04
Rt. 20 Water District $111.40
Rt. 20 Sewer District $171.06
Rt. 60 Water District $8,684.39
Rt. 60 Sewer District $12,302.65
Sewer District One $4,678.08
Sewer District Two $1,856.66

TOWN CLERK REPORTS
· Pomfret Town Justices reports for September 2017 are as follows:
Justice Pulci Total Cases: 147
Total Fines & Surcharges: $14,312.00
Justice Dietzen Total Cases: 154
Total Fine & Surcharges: $16,896.00

· The Historian report is on file in the clerk’s office. The Harvest Moon Cemetery Tours are October 20th and 21st.

· The Fredonia Fire Department August 2017 report had a total of 165 calls with 31 being within the Town of Pomfret. The report is on file in the Clerk’s office.

· The Fredonia Fire Department September 2017 report had a total of 199 calls with 38 being within the Town of Pomfret

· The Town Clerks office is looking into accepting payments online for dog licenses and water bills before the end of the year.

· The Town of Pomfret is holding a free rabies clinic on October 21, 2017 from 9-12 noon at the Town Highway Barns.

· The Pomfret Laona playground Halloween Parade will be Oct 28th at 3:00. All are welcome to attend.

· The Town of Pomfret will be participating in the “Feed Fredonia Food Challenge”. Non-perishable items can be dropped off at the Clerk’s office the week of October 16-20th.

AUDIENCE CONCERNS

· Representatives Barclay & Damon Law office were present to discuss the Lily Dale Water District petition. The Town Board will review the documents, gather questions, comments, concerns and report back at the next official meeting. The board moved forward upon Town Counsel recommendation of officially making the Pomfret Town Board the lead agency for the water district.
Councilman Christy made the following resolution:

The Town Board of the Town of Pomfret duly convened in regular session does hereby resolve as follows.
1. Pursuant to and in accordance with the provisions of Section 617.6 of the State Environmental Quality Review Act regulations, the Town Board of the Town of Pomfret hereby makes the following determinations with respect to the proposed Lily Dale Water District in the Town of Pomfret.
a) The Town Board of the Town of Pomfret determines that the action is subject to SEQR.
b) The Town Board hereby determines the action does involve other agencies, particularly the Chautauqua County Health Department and New York State DEC.
c) The Town Board hereby determines that it is and will be lead agent under SEQR with respect to the proposed action of establishing the Lily Dale Water District within the Town of Pomfret.
2. A copy of this Resolution declaring the Town Board of the Town of Pomfret lead agent under SEQR for the purposes of this action shall be sent to the Chautauqua County Health Department, New York State DEC Region 9, the Village of Cassadaga, and all other interested and involved agencies.

This resolution was seconded by Councilman Schaeffer and carried.
This Resolution shall take effect immediately.

· Bruce Roel, Pomfret Resident, addressed the board stating he is opposed to the construction and public funding of the Arkwright Summit Wind Farm Project, Cassadaga Wind Project, and the Ball Hill Wind Energy Project in Chautauqua County.

SUPERVISOR STEGER

· The Town of Pomfret has a budget workshop scheduled for October 12, 2017 at 5:00P.M. at the Pomfret Town Hall, 9 Day Street.

· Supervisor Steger made a motion to schedule a Public Hearing for the purpose of the Lily Dale Fire Contract on October 30, 2017 at the Lily Dale Fire Hall, Lily Dale, N.Y. at 6:00P.M. The motion was seconded by Councilwoman Eckman and carried.

· Supervisor Steger scheduled a budget workshop on October 30, 2017 following the Public Hearing scheduled in Lily Dale. The workshop will take place immediately after the hearing.

· Supervisor Steger made a motion to schedule a Public Hearing for the purpose of the 2018 Budget on November 8, 2017 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried.

· The Gate House to the Forest Hill Cemetery is being sold by the Preservation Society. The Town has been given notice to move their cemetery office from the Gate House to a different location. Councilman Christy made a motion to authorize Supervisor Steger to make decisions as necessary regarding the re-locating of the Forest Hill Cemetery Sexton office, and any other matters which may come before the board regarding the sale of the Gate House. The motion was seconded by Councilwoman Eckman and carried.

· Councilman Schaeffer made a motion to authorize Supervisor Steger to enter into agreement with DFT Communications for the Security Agreement for the Monitoring Response Center services for the alarm systems located at the Lily Dale Wastewater Treatment Plant and Town Hall. These agreements are for a three years at a fixed rate of $19.95 each per month. The motion was seconded by Councilman Sedota and carried.

· The North County Water District will be holding a ground breaking ceremony on October 13, 2017 at 3:00P.M. at the Dunkirk Town Hall.

HIGHWAY SUPERINTENDENT DANIEL BIGELOW

· Councilwoman Eckman made a motion to authorize Mr. Bigelow to purchase the necessary part to repair the 1995 Bobcat Excavator at a cost not to exceed $4,000.00. Quotes are not necessary or practical due to the age and availability of the equipment. The motion was seconded by Councilman Christy and carried.

DULY MOVED by Councilman Christy to adjourn the regular Town Board meeting at 7:47P.M. The motion was seconded by Councilwoman Eckman and carried.
Respectfully Submitted,
Allison Dispense
Town Clerk

October 4, 2017-Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held
October 4, 2017 at 4:00 P.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:     Town Supervisor Donald Steger
                        Town Clerk Allison Dispense
                      
                      
                        Councilman Christopher Schaeffer
                        Councilman Brett Christy

ABSENT:       Councilwoman Ann Eckman
                        Councilman John Sedota
                        Town Attorney Jeffrey Passafaro
                        Highway Superintendent Daniel Bigelow
                      
                      
Supervisor Donald Steger called the meeting to order with the pledge of allegiance.

This meeting is for the purpose of the Town Clerk to present the tentative 2018 budget to the Town Board. The Clerk has received the tentative budget by the legal date of September 30, 2017 and this meeting is required by law for the Clerk to present the 2018 tentative budget to the town board.

The Clerk presented the tentative 2018 budget to all members of the board which were present.

The purposed budget which the supervisor submitted has a .5 increase in the town wide rate and a .5 increase in the outside village town rate.

The Town Board has scheduled two workshops for the purpose of the 2018 budget. They are Tuesday, October 10, 2017 at 5:00P.M. and Thursday, October 12, 2017 at 5:00P.M. The workshop meetings will take place at Town Hall located at 9 Day Street, Fredonia, N.Y.

No Public comment.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy to adjourn the meeting. The motion carried. Time 4:10 P.M.

Respectfully Submitted,


Allison Dispense
Town Clerk

 

September 13, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. September 13, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
                   
                         Supervisor Donald Steger
PRESENT:        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                   Town Attorney Jeffrey Passafaro
                                                                                           
COUNCILPERSONS:  ChristopherSchaeffer                                                        
                                    John Sedota
                                   Ann Eckman

ABSENT:               Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the August 09, 2017 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the August 21, 2017 Special meeting of the Town of Pomfret board. The motion was seconded by Councilman Sedota and carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 9 of 2017 with no additions. 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           $12,819.47
General Fund Part Town             $460.87
Highway Fund Part Town          $142,513.22
Berry Road Water District          $295.97
Chestnut Road Water District      $273.00
North End Water District            $426.91
Lily Dale Sewer District              $22,178.51

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for August 2017 are as follows:
                        Justice Pulci Total Cases: 142
                        Total Fines & Surcharges: $14,046.00

                        Justice Dietzen Total Cases: 165
                        Total Fine & Surcharges: $18,510.15
  • The Fredonia Fire Department July 2017 report had a total of 157 calls with 24 being within the Town of Pomfret. The report is on file in the Clerk’s office. 
AUDIENCE CONCERNS
  • Charles Civiletto, Pomfret property owner, addressed the board regarding the fire hydrants on Berry Road. They currently are not functioning hydrants. Mr. Steger will investigate the idea of charging the district for new hydrants.
  • Eric Johnson, Pomfret Resident, requested an update from the board regarding the vacant property at 4627 West Main Rd, Fredonia. Jeffrey Passafaro addressed the request stating the property will be transferred to the county taxing entity. If the taxes remain unpaid, a petition and notice of foreclosure will be filed. If after April 15, 2018 the taxes are not brought up to date, the result will be a tax deed to the county and the property would be included on the tax foreclosure auction held in June 2018. Attorney Passafaro will speak with the county attorney regarding the county honoring the lean on the property.
  • Rick Pawlak, Pomfret resident, addressed the board regarding an update with the potential Phase 2 of the North End Water District. Mr. Steger stated it will be 30-100k to prepare engineering reports to apply for any grants. A further update of the North End Water District was addressed by Supervisor Steger during his comments of the meeting.

SUPERVISOR STEGER
  • Supervisor Steger met with Robert Klavoon, Wendel, Thomas Becker, USDA Rual Development, and Town Clerk Dispense on Thursday, September 7, 2017 regarding funding opportunities for the Town of Pomfret Phase 2 Project. The next steps in order to be considered for the USDA, EFC or funding through the Consolidated Funding Application, the Town needs to have the project ‘shovel ready’ which includes having proof of formation, engineering report, Environmental review and bond resolution. The Town Board must decide if it wants to apply for the Planning Grant (maximum of 30k) or move forward and become ‘shovel ready’ then apply for all monies to help fund the next phase. The board needs to determine physical boundaries of the potential Phase 2 and decide their best position for an application which would give the best proposal for funding.
  • Hanson Aggregates, 10500 Bennett Rd., Dunkirk, has applied for water service. After a discussion with the Town Board, it is unclear exactly what township this property is in. The engineer for Hanson has to determine which municipality the property is in. The Pomfret Board does not object to the business hooking into municipal water, but wants to be sure they are in the Town of Pomfret before proceeding.
  • Supervisor Steger attended a meeting for the Chautauqua County Shared Services project. The group has a proposal ready to turn into the state. This project stresses shared services within municipalities and consolidation.
  • An update on the North County Water District was given. The contractor has been selected for installation of the main transmission line. There are still easements needing to be signed within the Town of Pomfret which the Supervisor is working towards obtaining to move forward.
  • Councilwoman Eckman made a motion to authorize Supervisor Steger to execute a letter of intent which does not bind the town in anything other than to negotiate a lease for the municipal property which Up State Tower Co. LLC, wishes to place the tower on. The municipal property is located at 9660 Chautauqua Road, SBL #130.00-1-55. The motion was seconded by Councilman Sedota and carried.

COUNCILMAN SEDOTA
  • Councilman Sedota made a motion to authorize the Laona Playground to expend $100.00 for the annual Halloween parade and party. The event will take place on Saturday, October 28, 2017 at 3:00 P.M. The motion was seconded by Councilwoman Eckman and carried. 
DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to adjourn the Regular Town Board meeting at 7:34 to enter into executive session with Attorney Passafaro to discuss a potential settlement and litigation. The motion was seconded by Councilman Schaeffer and carried.

Executive session began at 7:43 P.M.

DULY MOVED by Supervisor Steger to adjourn the executive session at 7:50P.M. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to return to the regular Town Board meeting at 7:51P.M. The motion was seconded by Councilwoman Eckman and carried.
  • DULY MOVED by Councilwoman Eckman and carried by Councilman Schaeffer, the following Resolution passed;

WHEREAS, Temple Brigham Apartments commenced an Article 7 tax case against the Town and various taxing authorities challenging its  assessment for the tax years 2015, 2016, and 2017, and
            WHEREAS, the Town conducted a defense of the matter and obtained appraisal reports, and
            WHEREAS, the Assessor and Town Attorney have recommended a settlement of this matter which relieves the taxing authorities of paying refunds for the 2015 and 2016 year,
            NOW THEREFORE it is,
            RESOLVED, that the Town Board of the Town of Pomfret does hereby approve the settlement as presented to it by the Town Assessor and the Town Attorney, and authorizes the same to execute the settlement documents.

DULY MOVED by Councilman Sedota to adjourn the regular Town Board meeting at 7:52P.M. The motion was seconded by Councilwoman Eckman and carried.

Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

August 09, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. August 9, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
                  
                            Supervisor Donald Steger
PRESENT:            Town Clerk Allison Dispense
                              Highway Superintendent Daniel Bigelow
                              Town Attorney Jeffrey Passafaro
                                             
                                             
                                             
COUNCILPERSONS:            ChristopherSchaeffer                                                       
John Sedota
Brett Christy
Ann Eckman


Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the July 12, 2017 Town Board Meeting. The motion was seconded by Councilman Sedota 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 # 8 of 2017 no additions. 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           $61,371.62
General Fund Part Town             $3,310.69
Highway Fund Town Wide         $2,123.85
Highway Fund Part Town          $107,694.98
Berry Road Water District          $9,054.83
Chestnut Road Water District      $307.49
North End Water District            $34,772.06
Van Buren Water District           $193.93
Lakeview Sewer District             $138.95
Lily Dale Sewer District              $1,239.67
Rt.20 Water District                    $87.96
Rt.20 Sewer District                    $149.18
Rt.60 Water District                    $6,397.37
Rt.60 Sewer District                   $9,231.42
Sewer District One                      $4,324.28
Sewer District Two                    $1,616.24

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for July 2017 are as follows:
                        Justice Pulci Total Cases: 146
                        Total Fines & Surcharges: $18,337.00

                        Justice Dietzen Total Cases: 142
                        Total Fine & Surcharges: $14,642.19
  • The Fredonia Fire Department June 2017 report had a total of 154 calls with 36 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • Town Clerk Dispense received two scholarships for attending the New York State Municipal Clerk’s Institute. The Chautauqua County Municipal Clerk’s Association awarded a $100.00 scholarship and the New York State Town Clerk’s Association awarded a $400.00 scholarship.
  • Town Clerk Dispense was congratulated by a standing ovation of the Town Board for receiving her Certified Municipal Clerk Designation from the International Institute of Municipal Clerks. Town Clerk Dispense thanked the board for the opportunity to become a Certified Municipal Clerk.
  • A reminder that Town Hall will be closed on Friday, August 25th due to the Fredonia Farm Festival activities.

AUDIENCE CONCERNS
  • Robert Klavoon, Wendel Engineer, presented to the board the next steps for the Phase II Waterline. The Town will be eligible again 2018 to apply for any grants available. An in person meeting will be scheduled with Town Officials and the USDA to discuss Grant Programs available.

SUPERVISOR STEGER
  • Supervisor Steger made a motion to authorize the Town Justices to apply for the JCAP grant for the 2017-2017 year. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger made a motion to authorize Justice Anthony Pulci to attend the annual NYS Magistrate conference from October 15-18, 2017 at the Turning Stone Resort and Casino. The amount to attend is not to exceed $800.00. The motion was seconded by Councilman Sedota and carried.
  • Supervisor Steger made a motion to authorize the Festivals Fredonia to use the Forest Hill Cemetery for the ‘Harvest Moon Cemetery Tours’ on October 20th and 21st, 2017. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made a motion to appoint Joshua Cybart, 8965 Shumla Rd, as Assistant Dog Control Officer as needed at the budgeted rate for 2017. The motion was seconded by Councilwoman Eckman and carried.
  • Councilman Christy made a resolution to authorize the Town to enter into an agreement to borrow $132,000.00 from the USDA for the purchase of the highway plow truck and accessories, to authorize the town to accept a grant from USDA in the amount of $40,000.00., and to authorize the Supervisor and Town Clerk to execute any necessary USDA documents. The resolution was seconded by Councilwoman Eckman and carried.
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Supervisor Steger received information from the DEC regarding the Arkwright Summit Wind Farm project. A project is in place to provide compensatory replacement to stream habitats impacted for the construction of the Wind Farm Project. This project will provide erosion and headcutting protection and enhance fish habitat along Canadaway Creek along Route 60.
  • A request from Ms. Barbara Nellis, Vanburen Road, to allow a hook up to the water line which is located 50 feet from her property. A motion made by Supervisor Steger to approve the water service at 5284 Vanburen Road, Dunkirk, located within the Van Buren Water District in the Town of Pomfret, pending approval of water suppliers. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger received correspondence from the Northern Chautauqua Community Foundation. The foundation was received a gift in the amount of $250,000.00 to the Forest Hill Cemetery Endowment Fund. This contribution was given by the estate of Edward C. Steele. Supervisor made a motion to send a letter of acknowledgement to Mr. Steele of ‘Steele Associates’, the son of Edward C. Steele. The motion was seconded by Councilman Christy and carried. 
COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended a meeting regarding the Local Waterfront Revitalization Project (LWRP) on July 24, 2017 at Town Hall. The County is the driving force of this project and it is Mr. Schaeffer’s opinion which the Town support the project so other municipalities can take advantage of the possible funds available.
COUNCILMAN CHRISTY
  • Councilman Christy attended a meeting for the Fredonia Fire Department. He stated the department will be moving forward with a new tanker and has a new dispatch center in place.
  • Mr. Christy received a letter from Ag America seeking a letter of support from the Town of Pomfret in regards to repairing the landscape of the Cliff Star plant on Water Street located in the Village of Fredonia.
  • Mr. Christy was in attendance of a meeting between the Pomfret Zoning and Planning Boards regarding criteria to future buildings located on Rt. 20 and Rt.60 in the town. The Boards are looking for a more cohesive plan for future developments.

HIGHWAY SUPERINTENDENT BIGELOW
  • An application for water service was received by Bill McFaden for the property located at 10398 Rt.60.  The owner must obtain permission from the Village of Fredonia to have water service.
  • The oil separator has been ordered.
  • The Highway Department removed several bushes along the roadway of 5304 Van Buren Bay Drive to help with the visibility for traffic within the Bay. Mr. Bigelow is waiting to hear from residents whether it has improved site visibility.
  • There was a Van Buren Water District water break which was fixed by the highway department.
  • The Highway Department has completed 7.7 miles of oil and stoning on roads in the Town of Pomfret

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro reminded the board and public of the Special Meeting being held on August 21, 2017, at Town Hall, 9 Day Street, at 6:15P.M. Regarding the vacant property at 4267 West Main Rd.
DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:44 P.M. The motion carried.

Respectfully Submitted,
         
Allison Dispense
Town Clerk
 

August 21, 2017 Special Town Board Meeting

SPECIAL MEETING of the Town Board of the Town of Pomfret held
August 21, 2017 at 6:15 P.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:     Town Clerk Allison Dispense
                        Town Attorney Jeffery Passafaro
                      
                        Councilman Christopher Schaeffer
                        Councilman Brett Christy
                        Councilman John Sedota

ABSENT:        Supervisor Donald Steger
                        Councilwoman Ann Eckman
                        Highway Superintendent Daniel Bigelow
                      
                      
Councilman Christy called the meeting to order with the pledge of allegiance.

Let the record show there is a quorum of the Pomfret Town Board. This meeting is for the purpose of holding a hearing pursuant to section 130, subsection 16, of the Town Law of the State of New York and Local Law #1 of 1982 of the Town of Pomfret. A notice of the hearing was duly called by resolution of the Town Board of the Town of Pomfret for August 21, 2017 at 6:15P.M. at Town Hall. The notice proceeding according to State Law and Local law was prepared on July 24, 2017, and personally served on July 27, 2017 to the property owners and completed by certified mail on July 28, 2017. The notice also was accompanied by the CP3 Architect Report.

The Pomfret Code Enforcement Officer, Warren Kelly, was present. Mr. Kelly received an email from the property owners stating they were not intending on attending the hearing. The property owners were not present during the special meeting of the Pomfret Town Board.

AUDIENCE CONCERNS
  • Pomfret Resident, Eric Johnson, addressed the board as the neighbor of the unsafe building. He presented pictures from GOOGLE EARTH regarding the precession of the collapsed roof on the building located at 4627 West Main Rd.

DULY MOVED BY Councilman Christy, seconded by Councilman Schaeffer to adjourn the meeting at 6:25P.M.

Respectfully submitted,


Allison Dispense
Town Clerk

 

July 12, 2017 Regular Town Board Meeting Minutes


            REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 12, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                      Supervisor Donald Steger
PRESENT:    Deputy Clerk EvaDawn Bashaw
                     Highway Superintendent Daniel Bigelow
                    Town Attorney Jeffrey Passafaro
                                              
                                              
                                              
COUNCILPERSONS: ChristopherSchaeffer                                                        
                                    John Sedota
                                  Brett Christy
                                  Ann Eckman

ABSENT:  Town Clerk Allison Dispense

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the June 14, 2017 Town Board Meeting. The motion was seconded by Councilman Schaeffer and the motion 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 # 7 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           $13,554.89
General Fund Part Town             $17,194.77
Highway Fund Town Wide         $423.00
Highway Fund Part Town          $23,778.74
Berry Road Water District          $55.86
Chestnut Road Water District      $33.00
North End Water District            $121.39
Van Buren Water District           $13,069.86
Lily Dale Sewer District              $1,141.91
Pomfret Fire Protection District  $59,483.00
TOWN CLERK REPORTS
  • Pomfret Town Justices reports for June 2017 are as follows:
                        Justice Pulci Total Cases: 173
                        Total Fines & Surcharges: $18,263.50

                        Justice Dietzen Total Cases: 159
                        Total Fine & Surcharges: $16,339.00
  • The Historian report for June and July 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department May 2017 report is on file in the Clerk’s office. There were a total of 101 calls with 41 being within the Town of Pomfret.


AUDIENCE CONCERNS:
  • Charles Civiletto spoke about discussions he had with representatives from Wendel regarding the Rural Development Grant and inquired as to the Board’s willingness to bring Wendel in for a presentation. 
  • Mr. Civiletto also inquired as to the status of the fire hydrant located at the corner of Berry Rd. and Farel Rd. as it was covered with a black plastic bag.

SUPERVISOR STEGER:
  • Presented the quote for a Firewall for the Town Hall computers in the amount of: Hardware: $405.00 Installation $195.00 for a total of $600.00.
  • Summer Hire – Supervisor Steger moved, Councilman Sedota seconded the motion to hire Aleah McAfee, 24 Johnson St at minimum wage for the Pomfret/Fredonia Recreation Program – replacing Olivia Pucciarelli.
  • Van Buren Bay Residents request for the placement of a 3 way stop sign – discussion ensued. Highway Supervisor Bigelow was asked his thoughts regarding the request and he stated that he didn’t feel that the there was a problem warranting a 3 way stop and that perhaps brush had grown too far into the right-of-way obstructing clear vision and suggested that clearing the brush might take care of the concerns.  Board members agreed that was first step to take and tabled any action until the further discussion could occur – after brush removal
  • Certified Resolution of Support for WNY Children’s Psychiatric Center and their efforts to prohibit the collocation of certain children’s facilities in Erie County. Moved by Supervisor Steger, seconded by Councilman Sedota and unanimously approved by roll call vote as follows:
Ssupervisor Steger:                YES
Councilman Sedota:               YES
Councilman Schaeffer            :           YES
Councilman Christy:              YES
Councilwoman Eckman:        YES
  • Water Rates:
Supervisor Steger moved to maintain the minimum charge of $50.00 but for the 5,000 gallons or less of usage instead of 10,000 gallons. Seconded by Councilman Christy. Roll call vote:
Supervisor Steger:                  YES
Councilman Sedota:               NO
Councilman Schaeffer:          NO
Councilman Christy:              YES
Councilwoman Eckman:        YES
Supervisor Steger moved to raise water & sewer rates for residential and  commercial customers receiving water & sewer from a district that is supplied by the Village of Fredonia; rates will increase proportionally to the contractual rate determined and levied by the Village of Fredonia. Seconded by Councilman Schaeffer. Roll Call vote:
Supervisor Steger:                   YES
Councilman Sedota                 YES
Councilman Schaeffer             YES
Councilman Christy                YES
Concilwoman Eckman            YES
  • Waterfront Workshop - July 24th at Town Hall, 5:15 – 6:30 p.m. – request a reminder to the public that this is occurring
  • Zoning Enforcement Memo – Attorney Passafaro will send an informal memorandum to the Town of Pomfret ZEO and CEO suggesting that enforcement regarding signage be temporarily suspended until the current area of Code relating to “Signs” can be addressed
  • Supervisor Steger presented a quote on abatement of the property located at 4627 West Main Rd. Fredonia that was $800.00-$1,200.00. The Board discussed the feasibility of placing a fence around the property and including some plywood to cover up opening in placement of moving forward with abatement.  Board determined that they would defer decision until after a public meeting was held with the owners of the property.  A 30 day notice to owner must occur.  MOTION: Councilman Christy moved that a Special Meeting be held on Monday, August 21, 2017 at 6:15 pm for the purpose of meeting with the owners of 4627 West Main Rd., Fredonia. Seconded by Councilwoman Eckman. Unanimously passed  
  • Supervisor Steger discussed the renewal of an agreement with the energy provider for the Town of Pomfret including set rates and variable rates. A decision was tabled until further information could be obtained regarding available rates.
  • Supervisor Steger discussed the proposal from the owner of McDonald’s Restaurant regarding changes to the proposed round-about project at Rt. 20 & Rt. 60.  McDonald’s representatives were requesting a statement of support for their proposed changes.  Town Board members agreed to support the proposal

COUNCILMAN CHRISTY; Informed the Board that things were progressing well at the Highway Dept. Communication was positive and improved.  Councilman Christy also wished to express his gratitude to those who planted flowers in the Village and Town and noted he appreciated their efforts – it looks great!

HIGHWAY SUPERINTENDENT BIGELOW; presented information related to the purchase of an oil separator.
MOTION: Supervisor Steger moved to allow Highway Superintendent Bigelow to purchase a 15ppm Hydrocarbon Removal Koala Oil Separator from Kistner Concrete, who is the only purveyor of this specific DEC compliant equipment found, at a price not to exceed $17,498.74. Seconded by Councilman Christy. UNANIMOUSLY APPROVED


DULY Moved by Councilwoman Eckman seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:55 P.M. The motion carried.


Respectfully Submitted,
          
EvaDawn Bashaw
Deputy Clerk
 

June 14, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 14, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
                   
                          Supervisor Donald Steger
PRESENT:        Town Clerk Allison Dispense
                         Highway Superintendent Daniel Bigelow
                         Town Attorney Jeffrey Passafaro
                                              
                                              
                                              
COUNCILPERSONS:           ChristopherSchaeffer                                                        
John Sedota
Brett Christy
Ann Eckman


Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the May 10, 2017 Town Board Meeting. The motion was seconded by Councilman Sedota 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 # 6 of 2017 with several additions. 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           $21,041.42
General Fund Part Town             $3,420.71
Highway Fund Town Wide         $119.94
Highway Fund Part Town          $15,733.21
Berry Road Water District          $55.95
Chestnut Road Water District      $33.00
North End Water District            $519.93
Lily Dale Sewer District              $448.32

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for May 2017 are as follows:
                        Justice Pulci Total Cases: 177
                        Total Fines & Surcharges: $17,105.00

                        Justice Dietzen Total Cases: 144
                        Total Fine & Surcharges: $16,084.00
  • The Fredonia Fire Department April 2017 report had a total of 148 calls with 20 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • A sewer application has been received by Daniel Pacos of 110 Johnson Street. *please see below
  • A motion made by Councilwoman Eckman to authorize the Town Clerk to attend the New York Municipal Clerks Institute held July 9-13 in Albany, New York. The motion was seconded by Supervisor Steger and carried.

AUDIENCE CONCERNS
  • John Jablonski, Executive Director Chautauqua County Watershed Conservancy, addressed the board regarding a grant under the Environmental Protection Fund for a park to be formed called the ‘Cassadaga Lake Nature Park’ within the Town of Pomfret. As a requirement under the grant application the Chautauqua County Watershed Conservancy needs an approval/endorsement of the municipality in which the project will be located.
  • Daniel J. Heitzenrater, Executive Assistant, Office of the Chautauqua County Executive, asked the board to support the County’s MCEC grant application regarding the creating of the Chautauqua Region Water & Sewer Cooperative.

SUPERVISOR STEGER
  • Supervisor Steger made a motion to adopt the following resolution:
The Town Board of Pomfret, NY hereby resolves:
As we are committed to effective government—high quality public service to our residents at the lowest possible tax cost to our taxpayers—we applaud efforts to promote service sharing among the Chautauqua region’s water and sewer systems.
We also recognize that the financial and technical support offered to local governments by Governor Andrew Cuomo and the NYS Legislature has provided our community with a unique opportunity to explore ways to permanently reduce the tax burden of our residents through collaboration and structural reform.
We resolve, with the assistance provided by NYS and Chautauqua County
to support study of the creation of the Chautauqua Region Water & Sewer Cooperative, and
to pursue all results of that study that are consistent with effective service delivery to our residents.
The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor made a motion to adopt the following resolution:
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 hereby 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 Lake Nature Park and located within this community.
The motion was seconded by Councilwoman Eckman and carried.
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Abstained
Councilwoman Eckman-AYE
 
  • Supervisor Steger made a motion to adopt the following resolution:
WHEREAS, Town of Pomfret, with the assistance from Ecology and Environment, Inc., has gathered information and prepared the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan; and

WHEREAS, the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and

WHEREAS, Town of Pomfret is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and

WHEREAS, Town of Pomfret have reviewed the Plan and affirms that the Plan will be updated no less than every five years;

NOW THEREFORE, BE IT RESOLVED by the Town Board that Town of Pomfret adopts the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
The motion was seconded by Councilman Schaeffer and carried unanimously.
 
  • Supervisor Steger made a motion to adopt the following resolution:

BOND RESOLUTION OF THE TOWN OF POMFRET, NEW YORK, ADOPTED JUNE 14, 2017, AUTHORIZING THE ACQUISITION OF A PLOW TRUCK; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $224,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF $50,000 IN AVAILABLE TOWN FUNDS TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $174,000 BONDS OF SAID TOWN TO FINANCE THE BALANCE AID APPROPRIATION
THE TOWN BOARD OF THE TOWN OF POMFRET, IN THE COUNTY OF CHAUTAUQUA, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS

Section 1.  The Town of Pomfret, in the County of Chautauqua, New York (herein called the “Town”), is hereby authorized to acquire a plow truck.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $224,000 and said amount is hereby appropriated for such purpose.  The plan of financing includes the expenditure of $50,000 in available Town funds to pay a part of said appropriation, the issuance of $174,000 bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  It is expected that the Town shall receive grant funds to pay a part of the cost of the project, and any such grant funds received are authorized to be applied to the cost of said project and the principal amount of bonds or notes issued shall be reduced by the amount of grant funds received.
Section 2.  Bonds of the Town in the principal amount of $174,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance a part of said appropriation.
Section 3.  The following additional matters are hereby determined and declared:
(a)  The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years.
(b)  The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c)  The proposed maturity of the bonds authorized by this resolution will exceed five years.
Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board as to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7.  This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the “Observer,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, and to post on the sign board of the Town maintained pursuant to the Town Law

The motion was seconded by Councilman Christy and carried.
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-NO
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
 
  • Supervisor Steger advised the board the Chautauqua Institution will be holding a ribbon ceremony on July 2, 2017 for the new Amphitheater. All are welcome to attend.
  • Supervisor Steger and Attorney Jeffrey Passafaro have received correspondence from the Zoning Enforcement Officer, James DeJoe, reading the zoning law pertaining to signs. Mr. DeJoe is concerned with the wording and how these laws will be enforced. Supervisor Steger will be sharing the memo with the board and moving forward.
  • Supervisor Steger has received from the Assessor’s office the tentative equalization rate for the Town. The tentative rate is 18.25 percent.


COUNCILMAN CHRISTY
  • Mr. Christy has met with the highway superintendent regarding the salt storage facility at the Town Barns on Chautauqua Road. He stated repairs are needed in the near future.
 
  • *Councilman Christy made a motion to authorize a connection to the sewer district at 110 Johnson Street, pending definite definition that the property is contained within the existing boundaries of the sewer district. The motion was seconded by Councilman Schaeffer and carried.


COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to appoint the following for the Pomfret/Fredonia Recreation Summer program:

First Name
Last Name
Address 1
Address 2
City
State
Zip
Lifeguard Wage
Playground Wage

Hannah
Gullo
248 Water St.
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*James
Hobbs
233 E. Main St.
Unit 4-7
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*Amanda
Laurito
458 Water St.
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*Lindsey
Lovern
10460 Bayshore Dr.
Dunkirk
NY
14048
$10.75 / Hour
Minimum Wage

*Sebastian
McAfee
24 Johnson St.
Fredonia
NY
14063

Minimum Wage

James
Przybycien
4688 W. Main Rd.
Fredonia
NY
14063

Minimum Wage

Olivia
Pucciarelli
8 Middlesex Dr.
Fredonia
NY
14063

Minimum Wage

*Kristen
Reinhardt
1 Woodcrest Dr.
Fredonia
NY
14063

Minimum Wage

Finley
Rogerson
9282 Chautauqua Rd.
Fredonia
NY
14063

Minimum Wage

*Lauren
Skellie
23 Susann Ct.
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*Anna
Vecchio
106 Temple St.
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*Haley
Zebraski
7 Woodcrest Dr.
Fredonia
NY
14063
$10.75 / Hour
Minimum Wage

*Returning Staff Members
The motion was seconded by Councilman Christy and carried unanimously.

HIGHWAY SUPERINTENDENT BIGELOW
  • Councilman Christy made a motion to enter into an agreement with Cummins Northeast for the annual maintenance for the Lily Dale Wastewater Treatment Plant. The agreement is not to exceed $945.30 and valid from July 1, 2017 until June 30, 2018. The motion was seconded by Councilman Schaeffer and carried.
  • Councilman Schaeffer made a motion to authorize the Highway Superintendent to post and publish for bids for an oil separator for the town. Bids are to be returned to the Town Clerk’s office by July 10, 2017 at 4:00P.M.

TOWN ATTORNEY PASSAFARO
  • Councilwoman Eckman made a motion to authorize the Supervisor to execute a settlement agreement on the Webster Road Cemetery law suit. The motion was seconded by Councilman Christy unanimously and carried.


DULY Moved by Councilman Schaeffer, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:29 P.M. The motion carried.

Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

May 10, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. May 10, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense
                                                Highway Superintendent Daniel Bigelow
                                                Jeffrey R. Passafaro (JR), Attorney
                                              
                                              
                                              
COUNCILPERSONS:            Christopher Schaeffer                                                        
                                                John Sedota
                                                Brett Christy

ABSENT:                                Ann Eckman
                                                Town Attorney Jeffrey Passafaro

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the April 12, 2017 Town Board Meeting. The motion was seconded by Councilman Sedota 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 # 5 of 2017 with two additions. Additional payments are to ‘Advance Septic Service’ for $3,360.00 and ‘Scott Electric Supply’ in the amount of $1.90. Both of these payments are for the Lily Dale Sewer District.  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           $11,906.59
General Fund Part Town             $352.27
Highway Fund Part Town          $16,302.38
Berry Road Water District          $55.70
Chestnut Road Water District      $33.00
North End Water District            $810.33
Van Buren Water District           $1,666.29
Lily Dale Sewer District              $3,759.76

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for April 2017 are as follows:
                        Justice Pulci Total Cases: 170
                        Total Fines & Surcharges: $14,010.00

                        Justice Dietzen Total Cases: 121
                        Total Fine & Surcharges: $13,962.50
  • The Historian report for May 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
AUDIENCE CONCERNS
  • Mark and Tonia Wilson, Southern Tier Triathlon Club, asked permission from the board to use sections of Pomfret roads for a triathlon series to be held June 21, July 19, August 16, & September 13,2017. Supervisor Steger made a motion allowing the ‘Southern Tier Triathlon Club’ to use sections of Pomfret roads during the summer months. The Club is to present sufficient insurance to the Town before the event. The motion was seconded by Councilman Christy and carried.
  • Charles Civiletto addressed the board concerning the development of Phase II of the North End Water District. Supervisor Steger stated they are still actively looking for funding.
  • James Oakes addressed the board regarding the new highway department plow truck purchase. He is disappointed to see the town is not using a local company for the engine in said truck.
SUPERVISOR STEGER
  • The 2017 Tax Collection report was reviewed indicating a total adjusted warrant amount of $8,055,293.74 with $1,297,086.73 paid to the Town, $5,452,067.16 paid to the County and $930,330.27 remaining unpaid. A total of 6,222 bills were sent out in 2017.
  • Supervisor Steger made the following resolution:
AUTHORIZING THE ACQUISITION OF A PLOW TRUCK; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $224,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF $50,000 IN AVAILABLE TOWN FUNDS TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $174,000 BONDS OF SAID TOWN TO FINANCE THE BALANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF POMFRET, IN THE COUNTY OF CHAUTAUQUA, NEW YORK, HEREBY RESOLVES:
Section 1.  The Town of Pomfret, in the County of Chautauqua, New York (herein called the “Town”), is hereby authorized to acquire a plow truck.  The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $224,000 and said amount is hereby appropriated for such purpose.  The plan of financing includes the expenditure of $50,000 in available Town funds to pay a part of said appropriation, the issuance of $174,000 bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable.  It is expected that the Town shall receive grant funds to pay a part of the cost of the project, and any such grant funds received are authorized to be applied to the cost of said project and the principal amount of bonds or notes issued shall be reduced by the amount of grant funds received.
Section 2.  Bonds of the Town in the principal amount of $174,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the “Law”), to finance a part of said appropriation.
Section 3.  The following additional matters are hereby determined and declared:
(a)  The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years.
(b)  The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized.  The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c)  The proposed maturity of the bonds authorized by this resolution will exceed five years.
Section 4.  Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town.  The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5.  Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board as to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6.  The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7.  This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the “Observer,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, and to post on the sign board of the Town maintained pursuant to the Town Law.
The motion was seconded by Councilman Schaeffer.
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-NO
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent
The resolution does not pass.
                                        
  • Supervisor Steger made the following resolution:
BE IT RESOLVED, that the Town of Pomfret hereby establishes the following standard work days for these titles and will report the officials to the New York State Local Retirement System based on their record of activities:

The motion was seconded by Councilman Sedota and carried.
 
  • Supervisor Steger made a motion to proclaim the month of May as ‘Building Safety Month’ which is supported by the Town Code Enforcement Officer and International Code Council. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to authorize the Fredonia Farm Festival Committee to use the town’s parking low and outside power outlets for Saturday, August 26, 2017 and Sunday, August 27, 2017. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger made a motion to close Town Hall on Friday, August 25, 2017 due to the Farm Festival Activities. The motion was seconded by Councilman Schaeffer and carried.
  • Councilman Christy made a motion to proceed forward with dealing with the vacant property located at 4627 West Main Rd. upon the recommendation of the Code Enforcement Officer and Town Attorney. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger, Highway Superintendent Bigelow, and Councilwoman Eckman will be attending a meeting on Friday, May 12, 2017 at Town Hall, for the purpose of meeting with the Mayor of Fredonia, SUNY Fredonia President Horvath, and Michael Longley, Junior Planner with Chautauqua Co. Dept. of Planning & Economic Development, to discuss the center of the round-a-bout which will be at the corners of RT.20 and RT.60. This meeting is at 1:00P.M.
COUNCILMAN SEDOTA
  • Councilman Sedota made a motion to expend $500.00 from the celebrations line in the 2017 budget for the purpose of the City of Dunkirk Fireworks display over the July 4th weekend. The motion was seconded by Councilman Schaeffer and carried.
COUNCILMAN CHRISTY
  • Councilman Christy made a motion to use DFT Security Systems for a cost of $299.00 for the install and $25.95 per month for the install and monitoring system for fire protection at the highway barns located on Chautauqua Road. The motion was seconded by Councilman Schaeffer and carried.

HIGHWAY SUPERINTENDENT BIGELOW
  • Fuel bids were opened. Superintendent Bigelow recommended based on price that the bid be awarded to T.P.S. as the lowest bidder with bids of $1.6100 for supreme diesel fuel and $1.6200 for unleaded gasoline. Supervisor Steger made a motion to award the fuel bid to T.P.S based on the lowest bid amount, seconded by Councilman Christy and the motion passed.
  • Highway Superintendent Bigelow received a letter of concern regarding the state of the Laona Playground building. It was suggested to contact the Boy Scouts of America to see if they would be interested in helping with the project. Supervisor Steger said he’s not opposed to the idea, but no ladders are to be used by the Scouts and Pomfret cannot be held liable.
DULY Moved by Councilman Schaeffer, seconded by Councilman Sedota to adjourn the Regular Town Board meeting at 8:01 P.M. The motion carried.

Respectfully Submitted,          
Allison Dispense
Town Clerk
 

April 12, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 12, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense
                                                Highway Superintendent Daniel Bigelow
                                                Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:            Christopher Schaeffer                                                        
                                                John Sedota
                                                Ann Eckman

ABSENT:                                Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the March 8, 2017 Town Board Meeting. The motion was seconded by Councilman Schaeffer 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 # 4 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-Absent
Councilwoman Eckman-AYE

General Fund Town Wide           $28,491.96
General Fund Part Town             $17,149.36
Highway Fund Town Wide         $1,854.03
Highway Fund Part Town          $38,811.36
Berry Road Water District          $7,799.39
Chestnut Road Water District      $1,926.19
North End Water District            $36,902.89
Van Buren Water District           $11,543.27
Rt.20 Water District                    $92.89
Rt.20 Sewer District                    $156.16
Rt.60 Water District                    $6,830.96
Rt.60 Sewer District                    $9,685.75
Lakeview Sewer District             $144.23
Lily Dale Sewer District              $5,794.26
Sewer District             1                           $2,796.24
Sewer District 2                           $1,461.03

DULY MOVED BY Supervisor Steger to approve the following budget transfers. The motion was seconded by Councilwoman Eckman and carried.
GENERAL FUND TOWNWIDE
$544.00           FROM A1990.4          Contingent Account
                        TO       A1220.2          Supervisor Equipment

$127.00           FROM A8810.4          Cemetery Contractual
                        TO       A8810.2          Cemetery Equipment
          
HIGHWAY FUND OUTSIDE VILLAGE
Modify 2017 adopted budget by increasing Revenue Account DB1789 Other Transportation Income by $45,000 and by Increasing Expenditure Account DB5110.45 General Repairs-Road Use Contractual by $45,000.
To modify adopted budget for receipt of funds from road use agreement with Arkwright Summit Wind Farm.

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for March 2017 are as follows:
                        Justice Pulci Total Cases: 234
                        Total Fines & Surcharges: $21,267.00

                        Justice Dietzen Total Cases: 147
                        Total Fine & Surcharges: $13,692.00
  • The Historian report for April 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department submitted the February 2017 report. There were a total of 138 calls with 28 being within the town.
  • The Fredonia Fire Department submitted the March 2017 report. There were a total of 155 calls with 37 being within the town.
  • The Supervisor has provided the 2016 Annual Report to the Town Clerk and it is on file for inspection during regular business hours.

AUDIENCE CONCERNS
  • Eric Johnson, Pomfret resident, spoke to the board about the status of the vacant property located at 4627 West Main Road. Mr. Johnson is the neighbor to the property. This property has been vacant and not in compliance with the Town of Pomfret Codes. Mr. Steger stated there had been an inspection of the property done today, April 11, 2017. The board will wait to hear the results of the inspection and move forward accordingly. Mr. Johnson also provided a group of photographs to the board depicting the status of the property.

SUPERVISOR STEGER
  • The Town of Pomfret has been given notice of the Tentative Special Franchise, Tentative Railroad Ceiling, and Tentative Telecommunications ceiling. They are on file in the Clerk’s office for review.
  • A motion made by Supervisor Steger to declare the weeks of May 26, 2017 and June 10, 2017 as “Annual Firemen’s Fund Drive Weeks’. This motion was seconded by Councilman Sedota and carried.
  • Supervisor Steger made a motion to authorize the Highway Superintendent to enter into a road use agreement with CP Ward, for Chautauqua Road and Webster Road. The motion was seconded by Councilman Schaeffer and carried.

HIGHWAY SUPERINTENDENT BIGELOW
  • Supervisor Steger made a motion to authorize the Highway Superintendent to attend Highway School June 11-14, 2017 in Ithaca, New York at a reasonable cost to the Town. The motion was seconded by Councilwoman Eckman and carried.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to request fuel bids to be returned to the Town of Pomfret Clerk’s Office by 4:00P.M. May 10, 2017. The motion was seconded by Councilman Sedota and carried
  • Councilwoman Eckman made a motion to authorize Supervisor Steger to pursue the grant application through USDA-Rural Development and bond financing for the purchasing of the 2018 plow truck and authorizing Supervisor Steger to execute all grant applications as required. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:14 P.M and enter into executive session at 7:20P.M. for the purpose of town litigation matters, with no action to be taken. The motion carried.

DULY MOVED by Councilman Schaeffer to adjourn the executive session, seconded by Councilwoman Eckman. The motion carried. TIME: 7:32P.M.

DULY MOVED by Councilman Schaeffer to enter back into the regular Town Board Meeting, seconded by Councilwoman Eckman and carried. TIME: 7:33P.M.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the regular Town Board Meeting. TIME: 7:36P.M.

Respectfully Submitted,       
Allison Dispense
Town Clerk
 

March 8, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. March 08, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                         Supervisor Donald Steger
PRESENT:       Town Clerk Allison Dispense
                       Highway Superintendent Daniel Bigelow
                      Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:
                      Christopher Schaeffer                                                        
                      John Sedota
                      Ann Eckman

ABSENT:     Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the February 8, 2017 Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 3 of 2017 with one addition for $250.00 to NY Legal Publishing.  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           $15,710.40
General Fund Part Town             $2,070.40
Highway Fund Part Town          $11,001.04
Berry Road Water District          $55.86
Chestnut Road Water District     $33.00      
North End Water District            $199.72
Van Buren Water District           $90.00
Lily Dale Sewer District              $374.04

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for February 2017 are as follows:
                        Justice Pulci Total Cases: 175
                        Total Fines & Surcharges: $14,855.00

                        Justice Dietzen Total Cases: 151
                        Total Fine & Surcharges: $15,045.00
  • The Historian report for March 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department submitted the January 2017 report. There were a total of 152 calls with 29 being within the town.
  • Town Clerk Dispense has asked for permission to attend the annual IIMC (International Institute of Municipal Clerks) Conference from May 21-24, 2017. A motion made by Supervisor Steger, seconded by Councilwoman Eckman to authorize Town Clerk Dispense to attend the annual conference at a reasonable cost to the town which has been budgeted by the Town Clerk. The motion carried.
  • The Town Clerk advised the board she is looking into alternate phone services and email hosts for the town.
AUDIENCE CONCERNS
  • Village of Fredonia trustee Doug Essek addressed the board. Mr. Essek presented to the board about opening talks for shared services between the Village and the Town. He is very interested in working closely with the Town in trying to save costs for the community members. Councilwoman Eckman agreed with Mr. Essek and will work with Councilman Christy to set up a meeting with both boards to hold a meeting open to the public.
SUPERVISOR STEGER
  • Supervisor Steger made a motion to appoint the following as additional court officers for the Town of Pomfret; Jacob Berger of 20 Lakeview Ave., and Michael Callender of 5215 West Main Rd. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made a motion to authorize Evelyn Sievert to spend $100.00 towards the Easter festivities at the Laona Playground on April 15, 2017. The motion was seconded by Councilman Sedota and carried.
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilwoman Eckman and carried by a roll call vote:
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-Aye
            WHEREAS, the Town Board of the Town of Pomfret previously adopted a resolution dated January 11, 2017 authorizing the Highway Superintendent to purchase a new vehicle for the Highway Department from the County of Onondaga, State of New York contract bid award, and
            WHEREAS, the Town of Pomfret did attempt to place an order pursuant to that authorizing resolution for a 2018-Freightliner in the amount of ONE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED SEVENTY-NINE ($121,479.00) DOLLARS from Fleet Maintenance, Inc., and
            WHEREAS, the authorization also included the purchase of Everest Plow Equipment Package under the same Onondaga County contract, reference number 7823, from Valley Fab and Equipment, Inc. for NINETY-FOUR THOUSAND TWO HUNDRED NINETY-EIGHT ($94,298.00) DOLLARS, all of which was to be installed on the 2018 Freightliner, and
            WHEREAS, it has now come to the attention of the Town of Pomfret that Fleet Maintenance, Inc. is not a contractor authorized to execute the Onondaga County contract award number 7823 for heavy duty Class 8 trucks with dump bodies, snow plows, and associated options and accessories,
            NOW, THEREFORE RESOLVED, that the resolution of the Town Board dated January 11, 2017, authorizing the purchase from Fleet Maintenance, Inc. of a 2018 Freightliner in the amount of ONE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED SEVENTY-NINE ($121,429.00) DOLLARS is hereby annulled, cancelled, and terminated and of no further force and effect, and it is further,
            RESOLVED, that the same resolution authorizing the purchase of an Everest Plow Equipment Plow Package for said truck from Valley Fab and Equipment, Inc., is also annulled, cancelled, and terminated and of no further force and effect.
 
  • Councilwoman Eckman made a motion, seconded by Councilman Sedota and carried by roll call vote;
ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
            WHEREAS, the Town Board of the Town of Pomfret has heard from the Highway Superintendent regarding the need for a new vehicle with plow equipment for the Town of Pomfret Highway Department, and
            WHEREAS, the truck, chasses, equipment and plow equipment may be purchased from the County of Onondaga, State of New York contract award bid number 7823 for Class 8 heavy duty trucks, chassis, with dump bodies, snow plow, and associated accessories, which Onondaga County contract award allows for other municipalities in the State of New York to use in said purchases as permitted under Section 103 of General Municipal Law, and
            WHEREAS, the Highway Superintendent has identified a specific vehicle, equipment and plow equipment, and
            NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby authorize the purchase of a 2018 Freightliner, together with options, extended warranty, and Everest Plow Package for a total sum of TWO HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED SEVENTY-SIX AND 67/100 ($215,776.67) DOLLARS from Mohawk Valley Freightliner. Mohawk Valley Freightliner is specifically recited as an authorized vendor under Onondaga County contract number 7823.
  • Supervisor Steger has signed the Arkwright Wind Farm Summit Road use agreement on behalf of the Town. It is on file in the Clerk’s office.
  • The Code Enforcement Officer, Warren Kelly, has notified the property owners of 4627 West Main Rd, there will be a sight investigation on Wednesday, April, 12, 2017 at 1:30P.M. The Town has contracted a NYS licensed Architect to go thru the property and present back to the board.
  • The Grape Discovery Center has sent correspondence to the Town regarding their upcoming season of activities.
  • Supervisor Steger has received correspondence from the Assessor’s office regarding the Notice of tentative railroad ceiling. It is on file in the Clerk’s office.

COUNCILMAN SEDOTA
  • Councilman Sedota questioned the Highway Superintendent about keeping the old plow truck which is being replaced by the new 2018 Freightliner. Mr. Sedota stated he was under the impression the town would be declaring it surplus. Mr. Bigelow stated the old truck will be kept as a spare and used as an as needed basis. The Town currently does not have any spare plow truck.

COUNCILWOMANE ECKMAN
  • Councilwoman Eckman attended a meeting with the Village of Fredonia and the NYS DOT regarding the intersection at RT.20 & Rt. 60. There have been improvements made in regards to the medians and also how the new round-a-bout will affect local businesses. The state is conducting some final modifications and will meet again with both the Village and the Town once final.
  • Councilwoman Eckman, Town Clerk Dispense, and Councilman Schaeffer will be attending the Fredonia Chamber of Commerce annual banquet on March 23, 2017 on behalf of the Town.

HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow returned from the Advocacy Day in Albany. He reported it went well and was very well represented by Highway Superintendents across the state. He is hopeful for the upcoming budget year.
  • The Town has received their new lawn mowers for the cemeteries.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to adjourn the Regular Town Board meeting at 7:28 P.M. The motion carried.


Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

February 8, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 08, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                  Supervisor Donald Steger
PRESENT:                 Town Clerk Allison Dispense
                                  Highway Superintendent Daniel Bigelow
                                 Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:            Christopher Schaeffer
                                                Brett Christy

ABSENT:
                    Ann Eckman
                    John Sedota
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the January 11, 2017 Public Hearing Minutes on purposed local law No. 1 of 2017-exemption from taxation. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the January 11, 2017 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.

          
DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 2 of 2017.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Sedota-Absent
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

General Fund Town Wide           $19,945.85
General Fund Part Town             $157.46
Highway Fund Town Wide         $496.71
Highway Fund Part Town          $23,674.56
Berry Road Water District          $7,489.30
Chestnut Road Water District     $2,013.89             
North End Water District            $36,067.28
Lakeview Sewer                          $122.98
Lily Dale Sewer District              $474.99
Rt. 20 Water District                   $148.41
Rt. 20 Sewer District                   $87.42
Rt. 60 Water District                  $6,252.90
Rt. 60 Sewer District                  $8,848.26
Sewer 1                                      $2,847.11
Sewer 2                                      $1,620.16
Capital Projects                         $176.00
Lily Dale Fire Protection         $30,008.00
Pomfret Fire Protection         $337,067.00

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for January 2017 are as follows:
                        Justice Pulci Total Cases: 146
                        Total Fines & Surcharges: $12,775.00

                        Justice Dietzen Total Cases: 171
                        Total Fine & Surcharges: $16,384.00
  • The Historian report for February 2017 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department submitted the December 2016 report. There were a total of 185 calls with 49 being within the town.
  • The Fredonia Fire Department submitted the annual report for 2016. There were a total of 2,048 calls with 373 being within the town.
  • Town Clerk Dispense has asked for permission to attend the annual New York State Town Clerks Association conference in Rochester, New York. The conference runs from April 23, 2017 to April 26, 2017. A motion made by Supervisor Steger, seconded by Councilman Christy, to authorize Town Clerk Dispense to attend the annual conference at a reasonable cost to the town. The motion carried.

AUDIENCE CONCERNS
  • Melinda McGuinn, Pomfret resident, addressed the board requesting information regarding Phase II of the North End Water Project. Mr. Steger addressed her questions and concerns. Town Clerk Dispense addressed Mrs. McGuinn stating the town was just approved to apply for a grant through the USDA (U.S. Dept. of Agriculture) only using the town’s population (not including the Village of Fredonia). This opens up more funding opportunity’s to help with the project. To do the project without any funding would be an astronomical amount put on to the residents within the Phase II of the project.

SUPERVISOR STEGER
  • Supervisor Steger made the following motion, seconded by Councilman Christy and carried.
WHEREAS, the Town Board of the Town of Pomfret has reserved to itself the right to adopt and amend from time to time by Town Board resolution, a fee schedule for permits and applications made to the Town of Pomfret under the Town of Pomfret Code as adopted, and

WHEREAS, the Town Board has been advised by the Building Inspector that after a review of existing fees, the attached fee schedule is recommended to the Town Board for adoption, and

WHEREAS, the schedule of fees may be amended from time to time by the Town Board resolution pursuant to Section 300-90 of the Town of Pomfret Zoning and Building Code, and

NOW, THEREFORE BE IT RESOLVED, that the attached fee schedule for permits and applications under the Town Building and Zoning Code is hereby adopted by the Town Board of the Town of Pomfret effective immediately upon adoption, and it is further

RESOLVED, that pursuant to the Town of Pomfret Code, the new fee schedule shall be posted by the Town Clerk on the Town bulletin board and filed in her office and in the office of the Code Enforcement and Zoning Enforcement office.
 
  • Supervisor Steger as received a request from Mrs. Anne Fearman, SUNY Fredonia, asking permission to use the Forest Hill Cemetery on April 5, 2017 for her ‘Mourning Poetry’ class. Mr. Steger has acknowledged the receipt of the request from Anne Fearman that her class will be on the grounds of the Forest Hill Cemetery along with Town Historian, Todd Langworthy, on April 5, 2017.
  • Councilman Schaeffer made a motion to authorize Supervisor Steger to submit a grant application to the USDA (U.S. Dept. of Agriculture) for the new highway plow truck and authorizing the Town Supervisor and Town Clerk as signature persons with regard to getting a grant for the purchase of the new highway truck. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger updated the board on the status of the vacant property at 4627 West Main St. The board is waiting to hear from the Habitat for Humanity on their interest of the property. The board has authorized the Supervisor to move forward in receiving a quote on whether the property needs to be torn down. The board has already reached out to the Land Bank of Chautauqua County. They have declined interest of the property.
  • Supervisor Steger has received information regarding the Cassadaga Wind Project. The Town is not involved with the project but are considered a stake holder as it is a neighboring community.
  • Supervisor Steger has received a list of all delinquent tax properties in the Town of Pomfret. The list is on file in the Town Clerk’s office and available for review during regular business hours.
  • There will be a meeting on February 17, 2017 with the Department of Transportation regarding the purposed round-a-bout at the intersection of Rt. 60 and Rt.20. The Town of Pomfret Board has raised concerns regarding the potential installation of medians and also how this round-a-bout will affect the local businesses. Supervisor Steger, along with Councilwoman Eckman, will be attending the meeting on behalf of the Town.
  • Supervisor Steger updated the board regarding the North County water project. There is a meeting on February 9, 2017. The group is ready to receive proposals for the project and residents have been notified with property easements where necessary.

COUNCILMAN CHRISTY
  • Mr. Christy asked the Supervisor what the status is of the cell tower application for Chautauqua Road. Mr. Steger stated the company has yet to submit a new application with a change of location to the board. Once that is submitted the town can take the necessary actions to approve or decline.
HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow asked permission from the board to attend ‘Advocacy Day’ in Alban, New York on March 7th and 8th, 2017. Supervisor Steger made a motion to authorize the Highway Superintendent to attend the ‘Advocacy Day’ at a reasonable cost to the town. The motion was seconded by Councilman Christy and carried.
  • Mr. Bigelow is in search of two more quotes for the fire alarm system at the town barns on Chautauqua Road. He received word from the Fredonia Fire Department they will no longer be hosting the alarm system. He has already collected a quote from DFT. He will present the three quotes to the board at the next meeting for a decision.
DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:14 P.M. The motion carried.

Respectfully Submitted,          
Allison Dispense
Town Clerk
 

January 11, 2017 Public Hearing Minutes-Exemption from Taxation

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday January 11, 2017 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
                        Highway Superintendent Daniel Bigelow

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilman Brett Christy
                        Councilwoman Ann Eckman
                     

            Supervisor Steger opened the Public Hearing for the purpose of the purposed local law No. 1 of 2017 opting out of the exemption from taxation under Section 487 of the Real Property Tax Law.

Section One-Purpose            The State of New York has adopted an exemption from taxation for certain solar, wind energy, farm waste energy systems, under Section 487 of the Real Property Tax Law of the State of New York. The law further provides that a Town may provide that no exemption under this section shall be applicable within its jurisdiction by adopting a Local Law to that effect. The Town Board of the Town of Pomfret does hereby wish to adopt such a Local Law.

Section Two-Opting-out      Section 487 of the Real Property Tax Law of the State of New York exempting from taxation certain solar, wind energy systems or farm waste energy systems shall not be applicable, nor available, to such real property within the Town of Pomfret, Chautauqua County, New York. It is the expressed intention of the Town Board of the Town of Pomfret in adopting this Local Law to exercise the opt-out provision afforded local municipalities by Section 487 so that the exemption from real property taxation for solar, wind or farm waste energy systems shall not apply, not be available, within the Town of Pomfret, Chautauqua County, New York.

Section Three-Effective Date This local Law shall take effect  immediately upon filing with the Secretary of State of the State of New York.
                    

With no questions, comments or concerns, a motion made by Councilman Schaeffer, seconded by Councilman Christy to adjourn the public hearing at 6:23P.M. The motion was carried. 

Respectfully Submitted,


Allison Dispense
Town Clerk

 

January 11, 2017 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. January 11, 2017 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                               Supervisor Donald Steger
PRESENT:              Town Clerk Allison Dispense
                              Highway Superintendent Daniel Bigelow
                              Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:          
                                                Christopher Schaeffer
                                                John Sedota
                                                Brett Christy
                                               Ann Eckman 
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the December 14, 2016 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the December 14, 2016 Public Hearing minutes on the 2017 Lily Dale Fire Contract. The motion was seconded by Councilwoman Eckman and carried.

DULY MOVED by Supervisor Steger to accept the minute of the January 4, 2017 Special meeting for the purpose of scheduling a public hearing. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the January 4, 2017 Organizational Meeting Minutes. The motion was seconded by Councilman Sedota 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 # 14 of 2016.  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           $3,456.80
General Fund Part Town             $444.21
Highway Fund Town Wide         $4,765.27
Highway Fund Part Town          $7,674.16
Berry Road Water District          $22.65
North End Water District            $105.01
Lily Dale Sewer District              $307.82

DULY MOVED by Supervisor Steger and seconded by Councilman Christy to approve the payment of bills as presented by the Town Clerk with one addition on Abstract # 1 of 2017. The addition is in the amount of $25.00 paid to the Chautauqua County Municipal Clerks Association for annual membership fee. 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           $15,871.71
General Fund Part Town             $17,927.15
Highway Fund Town Wide         $203.45
Highway Fund Part Town           $14,035.64
North End Water District            $993.00
VB Water District                       $4,503.70
Lily Dale Sewer District              $633.71
          
TOWN CLERK REPORTS
  • Pomfret Town Justices reports for December 2016 are as follows:
                        Justice Pulci Total Cases: 118
                        Total Fines & Surcharges: $10,932.00

                        Justice Dietzen Total Cases: 114
                        Total Fine & Surcharges: $11,714.00
  • The annual Historian report for 2016 is on file with the Clerk’s office and has been distributed to the Town Board.
  • The annual Town Clerk report for 2016 has been distributed to the Town board.
  • The annual Code Enforcement Officer report for 2016 is on file with the Clerk’s office and has been distributed to the Town Board.

SUPERVISOR STEGER
  • Councilman Schaeffer made a motion to authorize the Supervisor to execute the road use agreement with the Arkwright Wind Farm developer upon final approval of terms by the Highway Superintendent and Town attorney. The motion was seconded by Councilwoman Eckman and carried.
 Roll Call:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-NO
Councilwoman Eckman-AYE
 
  • Councilwoman Eckman made the motion, seconded by Councilman Schaeffer, to approve the following resolution, the motion carried.
Roll Call:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

WHEREAS, the Town Board of the Town of Pomfret has heard from the Highway Superintendent regarding the purchase of a new vehicle with plow equipment for the Town of Pomfret Highway Department, and

WHEREAS, the desired truck, chassis and equipment is available to be purchased from the County of Onondaga, State of New York bid which allows other municipalities in the State to use under Section 103 of the General Municipal Law, and

WHEREAS, the Highway Superintendent has identified the specific vehicle, equipment and plow equipment, now therefore, it is

RESOLVED that the Town Board of the Town of Pomfret does hereby authorize the Highway Superintendent to contract with Fleet Maintenance, Inc. for the purchase of a 2018 Freightliner 114SD chassis, together with the optional equipment, extended engine warranty, and RF spring boost as specified under the Onondaga County Contract award for a total not to exceed One Hundred Twenty-One Thousand Four Hundred Seventy-Nine ($121,429.00) Dollars, and it is further

RESOLVED that the Highway Superintendent may purchase from Valley Fab and Equipment, Inc. the Everest Plow Equipment package from the Onondaga County Contract, reference number 7823, in an amount not to exceed Ninety-Four Thousand Two Hundred Ninety-Eight ($94,298.00) Dollars.
 
  • Supervisor Steger made the following resolution to adopt Local Law #1 of 2017, seconded by Councilman Sedota and carried.ROLL CALL:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-NO
Councilman Christy-AYE
Councilwoman Eckman-AYE

WHEREAS, the Town Board of the Town of Pomfret has before it a proposed local law for the year 2017 opting out of the exemption from taxation under Section 487 of the Real Property Tax Law, and
WHEREAS, The Town Board of the Town of Pomfret did previously adopt a resolution setting a public hearing on said local law for January 11, 2017 at 6:15P.M. at the Town Hall, which notice of public hearing was duly posted and published in accordance with law, and
WHEREAS, The Town Board did conduct said public hearing and heard all parties interested, and
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby adopt and enact Local Law No.1 of 2017, exemption from taxation for certain solar, wind energy, farm waste energy systems, under Section 487 of the Real Property Tax Law of the State of New York and further provides that a Town may provide that no exemption under this section shall be applicable within its jurisdiction by adopting a Local Law to that effect, and
RESOLVED, that the Town Clerk shall file same with the Secretary of State in accordance with law.

Please see the attached letter of support from the Pomfret Planning Board regarding taxation exemption.
 
  • Supervisor Steger made a resolution to accept and approve after examination the Pomfret Justice’s Court cash books for the year 2017 as presented to the Town Board.  Councilwoman Eckman seconded the motion.  Mr. Steger was very pleased about the presentation of the books.
  • Supervisor Steger made a motion to authorize the Town Clerk to enter into an agreement with Eagle Systems of Jamestown for the 2017 Annual maintenance agreement for the copier in Town hall in the amount of $414.42. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger made a motion to amend the January 4, 2017 organizational meeting minutes to reflect a change in the mileage reimbursement. The mileage is stated as $.55 per mile. The new mileage rate for the Town of Pomfret for 2017 will be $.52 per mile. The motion was seconded by Councilman Sedota and carried. 
  • Councilman Christy made a motion to authorize Supervisor Steger to handle any business and delegations related to the Association of Towns for their annual 2017 training being held in NYC in February 2017. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger has received the 2017 tax warrant.
  • Supervisor has received two court officer resignations from Wendy Kendall-Miller and William Valentine. These resignations are accepted with regret. 
  • Supervisor Steger informed the board of the preliminary inter municipal agreement between the Town of Portland and the Town of Pomfret for the sale/purchase of water. The Town of Portland’s pump station went down in 2015 and unable to receive water from the City of Dunkirk. The Town of Portland then purchased water from the Village of Brocton. The Town of Portland is looking for compensation for the water that has flowed backwards thru the meter in the Town of Pomfret. There are concerns which will be worked out with the Supervisor and Town Attorney Passafaro. This is simply informational for now, to be revisited and updated at a future date.
  • Upstate Tower has purposed a new location for a tower on Chautauqua Rd. in the Town of Pomfret. The Town will be making suggestions and reporting back to Upstate Tower.
    COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to appoint the following for the 2016-2017 Winter Recreation Season, the motion was seconded by Councilman Schaeffer and carried.
*Stephen Dando   8631 Fredonia-Stockton Rd, Fredonia           $11.00/hour
Robert Dando III   2330 Weaver Rd                    Fredonia           minimum wage
Andrew Sissem     36 Water St.                            Fredonia          minimum wage
Hector Colom       20 Chautauqua St.                  Fredonia          minimum wage
Tanner Davis        8848 Chautauqua Rd.             Fredonia          minimum wage
Rafael Sanjarjo     123 N. Main St.                      Angola            minimum wage
Bridgette Paoletta 9441 Chautauqua Rd.             Fredonia          minimum wage
*Program Coordinator
  • Councilwoman Eckman asked the board to publicly make a statement regarding their position on the purposed round-a-bout at the intersection of Rt.60 & Rt.20. This was tabled until next month’s meeting. Mrs. Eckman will be reaching out to the project engineers and ask some follow up questions along with a project update and report back to the board at the next board meeting.

HIGHWAY SUPERINTENDENT BIGELOW
  • Councilman Schaeffer made a resolution to adopt the agreement to spend highway funds under provision of the 284 Highway Law for the calendar year of 2017 with a total of $153,225.00 to be expended in general repairs. The motion was seconded by Councilman Christy and carried.
  • Mr. Bigelow will be gathering more information regarding the fire alarm system at the barns. He will report back to the board at next month’s meeting.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:53 P.M. The motion carried.


Respectfully Submitted,
          
Allison Dispense
Town Clerk
 

January 4, 2017 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 4, 2017

Present:                      Town Supervisor Donald Steger
                                    Town Clerk Allison Dispense
                                    Highway Superintendent Daniel Bigelow
                                     

Councilpersons:        John Sedota
                                    Christopher Schaeffer
                                    Brett Christy
                                    Ann Eckman
                                   

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                          $ 9,000
Councilperson                         (4)       $ 4,500 (each)
Town Justices                         (2)       $14,915(each)
Town Clerk                                         $37,704
Highway Superintendent                    $60,706

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 Harry Centner to serve
on the Board of Assessment Review with the term expiring as listed below:

Alan Shaw                              9/30/2017
Kirk Hutchinson                     9/30/2018
Roger Renswick                     9/30/2019
Michaelene Comerford          9/30/2020
Harry Centner                         9/30/2021

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 as Deputy Town Clerk.

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


APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:

Kevin Muldowney – Assessor                                               $36,435.00 per year
Kathy Ludemann-Assessor Clerk                                          $15.88 per hour
Board of Assessment Review                                                $10.00 per hour
Warren Kelly-Code/Inspection Officer                                  $15,120.00 per year
Warren Kelly-Fire Inspector                                                  $4,150.00 per year
James DeJoe-Zoning Officer                                                 $7,114.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Boards      $12.90 per hour

Miriam Washington-Court Clerk                                           $13.74 per hour
Susan Graves- Court Clerk                                                    $15.88 per hour
David McCoy -Court Officer                                                 $13.93 per hour
Thomas Fisher-Court Officer                                                 $14.39 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                                 $12.90 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
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                $10.30 per hour
Daniel Bigelow-Cemetery Maintenance Supervisor             $2,800.00 per year
 
Charles White (Includes $.50/Hr. for Dep. Highway Supt.)  $ 27.81 per hour
Richard McCloskey                                                                $27.11per hour
Dennis Maslak                                                                        $26.51 per hour
Loren Laurito                                                                          $25.51 per hour
Jude Gardner                                                                          $25.23 per hour 
Jeff O’Brien                                                                            $22.28 per hour 
David Dunlop                                                                         $22.23 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                                        $6,600.00 per year
Douglas Bunge-Assistant 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 Schaeffer 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 4                                      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- for a total of Sixteen (16) days
Seven full years                      Additional day- for a total of Seventeen (17) days
Eight full years                       Additional day- for a total of Eighteen (18) days
Nine full years                                    Additional day- for a total of Nineteen (19) days
Ten full years                          Additional day- for a total of Twenty (20) days
Maximum Paid Vacation        20 Days

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

TOWN OF POMFRET INSURANCE BENEFITS

Any insurance benefits offered by the Town of Pomfret are subject to approval by the Town
Board.  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 Sedota 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 Christy 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 Sedota and carried.

OFFICIAL NEWSPAPER AND POSTING LOCATIONS

The Observer is designated as the official newspaper for the Town.
Pomfret Town Hall as 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 $ .55 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 Christy 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 2017, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Janet Szymanski to serve on the Town Planning
Board with the term expiring the second Wednesday in January of the year listed below:

MEMBERS                 YEAR
Daniel Pacos               2018
James Joy-Chairman  2019
Robert Smith              2020
Travis Eckstrom         2021
Janet Szymanski         2022

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer 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 2017, with each term expiring the second Wednesday in January of the
year listed below and the re-appointment of Michaelene Comerford  and Robert Reuther to serve on the Zoning Board of Appeals with their terms expiring the second Wednesday
in January of the year listed below:

MEMBERS                             YEAR
Nancy Jankowski-Kubera      2018
David Fridmann-Chairman    2019
Ray Lewandowski                  2020
Ruth Eckstrom                        2021
Michaelene Comerford          2022
Robert Reuther                       2022

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota 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, 2017.

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

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads and remove at his
discretion for the year 2017.

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

CEMETERY FEES

Approve the following Forest Hill and Town of Pomfret Cemetery fees as follows:

FOREST HILL CEMETERY & 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
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 Christy 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, that 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
2017 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 Schaeffer 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 2017 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
(Fire/Police/Code Enforcement/DCO/Courts)

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

Motion to adjourn the meeting by Supervisor Steger, seconded by Councilman Schaeffer and carried.
Time: 6:44 P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk


 

January 4, 2017 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held
January 4, 2017 at 6:15 P.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:     Town Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                      
Councilman Christopher Schaeffer
                        Councilman Brett Christy
                        Councilwoman Ann Eckman
                        Councilman John Sedota
                      
                      
Supervisor Donald Steger called the meeting to order with the pledge of allegiance.

This meeting is for the purpose of the annual organizational meeting and any other business before the town board.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to schedule a public hearing on Wednesday, January 11, 2017 at Pomfret Town Hall, 9 Day St., Fredonia, N.Y. at 6:15 P.M. The public hearing will be about the exemption from taxation for certain solar, wind energy, and farm waste energy systems under Section 487 of the Real Property Tax Law of the State of New York. The motion carried.

Please see the attached for the Organizational minutes that continued after the motion.
DULY MOVED BY Supervisor Steger, seconded by Councilman Schaeffer to adjourn the meeting at 6:44P.M.

Respectfully submitted,
Allison Dispense
Town Clerk
 

December 14, 2016 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. December 14, 2016 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense
                                                Highway Superintendent Daniel Bigelow
                                                Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:          
                                                Christopher Schaeffer
                                                John Sedota
                                                Brett Christy
                                                Ann Eckman 
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the November 09, 2016 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 November 09, 2016 Public Hearing minutes on the 2017 budget. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy to approve the following budget transfers. The motion carried.

GENERAL FUND TOWNWIDE
$ 1,500            FROM             A1910.1          Special Items Insurance Personal Services
                        TO                   A9060.8          Employee Benefits Hospital & Medical

$1,500             FROM             A1910.4          Special Items Unallocated Insurance
                        TO                   A9030.8          Employee Benefits Social Security

$500                FROM             A1910.1          Special Items Insurance Personal Services
                        TO                   A8810.12        Cemetery Personal Services Seasonal

$2,405             FROM             A1910.4          Special Items Unallocated Insurance
                        TO                   A8810.12        Cemetery Personal Services Seasonal

$3,000             FROM             A8810.4          Cemetery Contractual
                        TO                   A8810.12        Cemetery Personal Services Seasonal

DULY MOVED BY Supervisor Steger, seconded by Councilman Schaeffer to approve the following budget transfers. The motion carried.

HIGHWAYFUND OUTSIDE VILLAGE
Modify 2016 adopted budget by increasing Revenue Account DB2389 Services for Other Government by $7,330 and by Increasing Expenditure Account DB5110.4 General Repairs Contractual by $7,330
                        For 2016 paving work done for Fredonia Central School District

Modify 2016 adopted budget by increasing Revenue Account DB2801 Interfund Revenues by $15,000 and by Increasing Expenditure Account DB5142.1 Snow Removal Personal Services by $15,000
                        For 2016 Highway labor in General Funds & Water funds

$5,100             FROM             DB5110.41      General Repairs Fuel
                        TO                   DB9060.8        Employee Benefits Hospital & Medical



$500                FROM             DB5110.41      General Repairs Fuel
                        TO                   DB9055.8        Employee Benefits Disability Insurance          

$600                FROM             DB5110.41      General Repairs Fuel
                        TO                   Db9060.81      Employee Benefits Dental Insurance
          
DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 12.  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           $13,053.39
General Fund Part Town             $451.22
Highway Fund Town Wide         $2,590.04
Highway Fund Part Town          $10,979.41
Berry Road Water District          $88.64
Chestnut Road Water District      $66.00
North End Water District            $150.94
VB Water District                       $90.00
Lily Dale Sewer District              $4,587.12
               
TOWN CLERK REPORTS
  • Pomfret Town Justices reports for November 2016 are as follows:
                        Justice Pulci Total Cases: 154
                        Total Fines & Surcharges: $13,054.50

                        Justice Dietzen Total Cases: 141
                        Total Fine & Surcharges: $15,791.00
  • The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.
  • The Fredonia Fire Department October monthly report is on file in the Clerk’s Office. There were a total of 198 calls with 37 being within the Town.
  • The Fredonia Fire Department November monthly report is on file in the Clerk’s Office. There were a total of 161 calls with 22 being within the Town.

SUPERVISOR STEGER
  • Councilman Christy made a motion to authorize the Supervisor to enter into an agreement with the Lily Dale Fire Department, Inc. for a period of one year, January 1, 2017 until December 31, 2017 providing protection to the Lily Dale Fire Protection District. For such service the Lily Dale Fire Department shall be paid at a rate of $30,008.00 for the year of 2017. The motion was seconded by Councilman Sedota and carried.
  • Councilman Christy made the motion to authorize the Supervisor to enter into a three year agreement from January 1, 2017 to December 31, 2019 with the Fredonia Animal Hospital to care for and maintain each dog seized and delivered to Redfield at the sum of $15.75 per night for said care. The motion was seconded by Councilman Schaeffer and carried.
  • Councilwoman made the motion to authorize the Supervisor to enter a one year agreement for 2017 with Catherine Pratt for the fitness instructor in the amount of $35.00 per session. This amount is not to exceed $3,600.00. The motion was seconded by Councilman Sedota and carried.
  • Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Mary E. Seymour Library in the amount of $2,000.00 for the year 2017. The motion was seconded by Councilman Schaeffer and carried.
 
  • Councilman Schaeffer made the motion authorizing the Supervisor to enter into an agreement with the Darwin Barker Library for 2017 in the amount of $68,000.00 to be paid in four quarterly payments. The motion was seconded by Councilwoman Eckman and carried.
  •  Councilman Christy made the motion authorizing the Supervisor to enter into an agreement with the Cassadaga Lakes Association for 2017 in the amount of $2,000.00 for weed removal. The motion was seconded by Councilwoman Eckman and carried.
  • Councilman Sedota made the motion authorizing the Supervisor to enter into an agreement with the Forest Lodge #166 in the amount of $6,600.00 for rent for the year of 2017. The motion was seconded by Councilman Christy and carried.
  • Former Pomfret Cemetery Sexton, Michaelene Comerford, submitted a report to the board for cemetery sales from January 1, 2016-November 30, 2016. The report showed three requests for Veterans’ markers, five genealogical research requests, 11 foundations, eight deeds issued, 12 graves sold, nine burials, and seven cremations.
  • Supervisor Steger reminded the board there is a special meeting scheduled for January 4, 2016 at 6:15P.M. The purpose of this meeting is for the annual organizational meeting and any other business that may come before the board.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to appoint Brad Dietzen, 155 Central Ave, as the Pomfret Cemetery Sexton. The motion was seconded by Councilman Christy and carried.

HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow informed the board that the Fredonia Fire Department will no long be providing the fire alarm service for the town barns. This will take effect February 17, 2017.
  • Mr. Bigelow provided a detailed letter to the board about the specific needs and areas of help for water maintenance work. He requested to hire an employee for the purpose of training. This worker would be on an ‘as needed basis’.
  • Councilman Christy made a motion to authorize the Highway Superintendent to purchase a new sign for Laona Playground. This sign is 48x30 in size and at a cost of $360.00 from ‘Southpaw Signs’. The motion was seconded by Councilman Schaeffer and carried.
  • Mr. Bigelow shared with the board a quote for a 2018 Freightliner 450HP truck for $216,479.00. This is a County of Onondaga quote. Mr. Bigelow is to get the resolution from Onondaga County which authorizes other municipalities to ‘piggy back’ off the quotes received. Mr. Bigelow and Mr. Passafaro will work together to get the correct paperwork to start the bond process.
 DULY Moved by Councilman Schaeffer, seconded by Councilwoman Eckman to exit the Regular Town Board meeting at 7:55 P.M. to enter into an executive session for the purpose of discussing the Pomfret Highway Department with no action to be taken. The motion carried.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the executive session at 8:23P.M. The motion carried.

DULY MOVED by Councilman Sedota, seconded by Councilman Christy to re-enter into the Regular Town Board meeting 8:23P.M. The motion carried.

DULY MOVED by Councilman Sedota, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 8:24P.M. The motion carried.

 Respectfully Submitted,         
Allison Dispense
Town Clerk
 

December 14,2016 Public Hearing Minutes- 2017 Lily Dale Fire Contract 

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, December 14, 2016 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                        Town Attorney Jeffrey Passafaro

                        Councilman Brett Christy
                        Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann                                     
           Supervisor Steger opened the Public Hearing for the purpose of the 2017 Lily Dale Fire Contract.  The purposed amount for the 2017 contract is $30,008.00. This amount has no change from last year’s budget presented by the Lily Dale Fire Department. Mr. Steger complimented and congratulated the fire department for their efforts in keeping their costs down.

With no other questions or concerns the public hearing was closed at 6:17P.M. A motion made by Supervisor Steger, seconded by Councilwoman Eckman to close the Public hearing. The motion carried.           

Respectfully Submitted,
Allison Dispense
Town Clerk

 

November 9, 2016 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. November 09, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense          
                                                Highway Superintendent Daniel Bigelow
                                                Town Attorney Jeffrey Passafaro    

COUNCILPERSONS: Christopher Schaeffer
                                                John Sedota
                                                Ann Eckman
                                                Councilman Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.


DULY MOVED by Councilman Sedota to accept the minutes of the Regular Town Board meeting held October 12, 2016. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to approve the following budget transfers. The motion was seconded by Councilman Christy and carried.

GENERAL FUND TOWNWIDE
Modify 2016 adopted budget by increasing Revenue Account A2001 Recreation Fees-Exercise Classes by $900 and by Increasing Expenditure Account A7620.41 Adult Recreation Contractual-Exercise Classes by $900.

$500                FROM A1420.1 Attorney Personal Services
                        TO       A1420.4 Attorney Contractual

$4,500             FROM A8810.1 Cemetery Personal Services
                        TO       A8810.12 Cemetery Personal Services-Seasonal

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 11. 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                          $7,958.54
General Fund PT                    $7,970.70
Highway Fund                        $2,749.06
Highway Fund PT                   $19,703.71
Berry Water District              $55.88
Chestnut Water District         $33.00
North End Water District       $264.58
Van Buren Water District      $2,018.50                  
Lily Dale Sewer District        $1,407.22










TOWN CLERK REPORTS
 
  • Pomfret Town Justices reports for October 2016 are as follows:
                        Justice Dietzen Total Cases: 166
                        Total Fines & Surcharges: $16,366.00

                        Justice Pulci Total Cases: 160
                        Total Fine & Surcharges: $14,464.00
  • Town Historian, Todd Langworthy, provided a monthly report for the month of October. It is on file in the clerk’s office.
  • The Fredonia Fire Department September 2016 report is on file in the clerk’s office. There was a total of 195 calls with 30 being within the Town of Pomfret.
AUDIENCE CONCERNS
  • Glenn Putcher, Pomfret resident addressed the board to consider using his business, Madenford, an auto mechanic shop within the Village of Fredonia, when the highway department has any issues with their trucks.

 SUPERVISOR STEGER
  • Supervisor Steger made a motion to schedule a Public Hearing on December 14, 2016 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, for the purpose of the Lily Dale Fire Contract. The contract is for the year 2017 in the amount of $30,008.00. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made a motion to schedule the 2017 Organizational meeting for January 4, 2017 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried.
  • Councilman Christy made a motion to authorize Supervisor Steger to pay all year end bills in December 2016, and these bills be added to the first abstract of 2017. The motion was seconded by Councilman Sedota and carried.
  • A motion made by Supervisor Steger, seconded by Councilman Christy, to adopt the preliminary 2017 budget. This budget reflects a Town wide Rate 3.9309975, decrease of .02. Additional Outside Village rate of 4.6144194 and Total Outside Village rate of 8.5454169, decrease of 0.02.
Roll Call:
Supervisor Steger- AYE
Councilman Sedota- NO
Councilman Christy- AYE
Councilwoman Eckman- AYE
The motion carried to adopt the 2017 Preliminary Budget.
  • Supervisor Steger made a motion to accept the resignation of Michaelene Comerford, Pomfret Cemetery Sexton, with regret. The motion was seconded by Councilman Schaeffer and carried. Supervisor Steger gave great thanks for her dedication and commitment to the Town of Pomfret for several years.
  • Supervisor Steger made a motion to hire ‘Willow Bay’ of Jamestown for IT support for the year 2017 at a rate of $351.00 per month. The motion was seconded by Councilman Christy and carried.
  • Councilwoman Eckman made a motion to authorize the Supervisor to engage with ‘CV3Architectural PC’ to inspect the property at 4627 West Main Road, Fredonia. CV3Architectuaral PC is to provide feedback of the condition of the property and a written report itemizing the findings of the site evaluation and recommendation to the town board. The motion was seconded by Councilman Sedota and carried.

COUNCILMAN SEDOTA
  • Councilman Sedota read a letter from Mrs. Evelyn Sievert. The letter stated her gratitude to the board for making the Halloween Parade a success. The letter also asked the board to look into replacing the Laona Playground sign that has been gone for a few years. Mr. Bigelow stated he has been in contact with Southpaw Sign about replacing it. The board has agreed to get a cost of a standard sign.



COUNCILMAN SCHAEFFER
  • Mr. Schaeffer noted there will be a meeting held on November 30, 2016, location to be determined, with the County Executive for the MEGA Energy initiative. This group is to meet on providing residents a lower cost on their energy bills.

HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow asked the board their action plan in hiring a new cemetery sexton. Councilwoman Eckman stated she will be contacting the Forest Hill Sexton, Brad Dietzen, if he’d be interested in the position or willing to fill in until the board hires someone.
  • Mr. Bigelow asked the board if there was a policy on contacting residents when there is a water break. The supervisor is going to look at the water handbook and report back to the board.
  • Mr. Bigelow expressed a desire to hire an ‘as needed’ water employee to help the highway department with emergency situations, and to also help train the two licensed water operators. Councilman Christy asked Mr. Biglow to compile a detail list of uses for the extra person and to state what they need help with.
  • The board gave Mr. Bigelow permission to start gathering quotes for a new truck.

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota to adjourn the Regular Town Board meeting at 7:54P.M. The motion carried.

Respectfully Submitted,

 Allison Dispense
 Town Clerk
 

November 9, 2016 Public Hearing Minutes-2017 Budget

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, November 9, 2016 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
                        Highway Superintendent Daniel Bigelow

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilman Brett Christy
                        Councilwoman Ann Eckman
                      

            Supervisor Steger opened the Public Hearing for the purpose of the 2017 Budget. This budget reflects a Town wide Rate of 3.9309975, decrease of .02. Additional Outside Village rate of 4.6144194 and Total Outside Village rate of 8.5454169, decrease of 0.02.

With no questions, comments or concerns, a motion made by Councilman Schaeffer, seconded by Councilman Christy to adjourn the public hearing at 6:17P.M. The motion was carried.  

Respectfully Submitted,


Allison Dispense
Town Clerk


                       
 

October 12, 2016 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. October 12, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense          
                                                Highway Superintendent Daniel Bigelow
                                                Town Attorney Jeffrey Passafaro    

COUNCILPERSONS: Christopher Schaeffer
                                                John Sedota
                                                Ann Eckman

ABSENT:                                Councilman Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the Public Hearing held September 14, 2016 at 6:15P.M. The motion was seconded by Councilman Sedota and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the Regular Town Board meeting held September 14, 2016. The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the Special Meeting held October 3, 2016. The motion was seconded by Councilwoman Eckman and carried.

DULY MOVED by Supervisor Steger to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried.

GENERAL FUND TOWNWIDE
Modify 2016 adopted budget by increasing Revenue Account A2705 Gifts & Donations by $920.00 and by Increasing Expenditure Account A8810.2 Cemetery Equipment by $920.00
            NCCF-Northern Chautauqua Community Fund grant for Forest Hill Computer
$$4,256 FROM A1990.4 Contingent Account
              TO       A1620.2 Buildings Equipment

HIGHWAY FUND TOWNWIDE
#3,000 FROM DA5140.41 Misc. Brush & Weeds Fuel
            TO       DA5140.4   Misc. Brush & Weeds Contractual

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 10 with one addition to Jeffery Passafaro Esq. in the amount of 3,230.75. 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                          $21,771.48
General Fund PT                    $18,005.98
Highway Fund PT                   $18,557.45
Berry Water District              $10,161.39
Chestnut Water District         $3,095.78
North End Water District       $38,624.04
Van Buren Water District      $9,646.68
Rt. 20 Water District              $89.61
Rt. 20 Sewer District              $151.51
Rt.60 Water District               $6,764.12
Rt.60 Sewer District               $9,941.68
Sewer District 1                      $3,816.90
Sewer District 2                      $1,317.31
Lily Dale Sewer District        $1,256.69

TOWN CLERK REPORTS
 
  • Pomfret Town Justices reports for September 2016 are as follows:
                        Justice Dietzen Total Cases: 185
                        Total Fines & Surcharges: $20,674.00

                        Justice Pulci Total Cases: 150
                        Total Fine & Surcharges: $11,043.00
  • Town Historian, Todd Langworthy, provided a monthly report for the month of September. It is on file in the clerk’s office. The Festivals Fredonia will be holding their Harvest Hollow Cemetery Tours on October 21st & 22nd. Tickets are now available.
  • The Clerk expressed her concern for I.T. service at Town Hall. She has compiled three quotes which were emailed to the board. The board will look at the quotes again and make their decision at the next board meeting.

 SUPERVISOR STEGER
  • Supervisor Steger made a motion to schedule a public hearing on November 9, 2016 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, for the purpose of the 2017 Preliminary Budget for the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to appoint Bob Reuther, 11 4th Street, Lily Dale, N.Y., to the Pomfret Zoning Board of Appeals with a term expiring the second Wednesday of January 2017. The motion was seconded by Councilwoman Eckman and carried.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board about the vacant property located at 4627 West Main Rd, Fredonia. The property owners are taking the necessary steps to make this building safe. Mrs. Eckman will speak to the Code Enforcement Officer, Warren Kelly, about gathering quotes to have the property reviewed and inspected.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro has three items of litigation to discuss with the board.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to exit the regular town board meeting at 7:12P.M. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to enter into executive session at 7:15P.M. for the purpose of discussing three ligation matters regarding property assessments. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman to exit the executive session at 7:24P.M. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to continue the Regular Town Board meeting at 7:25P.M. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota to adjourn the Regular Town Board meeting at 7:25P.M. The motion carried.

Respectfully Submitted by Allison Dispense, Town Clerk.

 

October 3, 2016 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held
October 3, 2016 at 6:00 P.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:     Town Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                      
Councilman Christopher Schaeffer
                        Councilman Brett Christy
                        Councilwoman Ann Eckman
                        Councilman John Sedota
                      
                      
Supervisor Donald Steger called the meeting to order with the pledge of allegiance.

This meeting is for the purpose of the Town Clerk to present the tentative 2017 budget to the Town Board.
The Clerk presented the tentative 2017 budget to each council member and the highway superintendent.

No Public comment.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy to adjourn the meeting. The motion carried. Time 6:05 P.M.

Respectfully Submitted,


Allison Dispense
Town Clerk

 

September 14,2016 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. September 14, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense          
                                                Highway Superintendent Daniel Bigelow
                                                Town Attorney Jeffrey Passafaro    

COUNCILPERSONS: Christopher Schaeffer
                                                John Sedota
                                                Ann Eckman

ABSENT:                                Councilman Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the Regular Town Board meeting held August 10, 2016. The motion was seconded by Councilwoman Eckman and carried.


DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 9 with one addition to the ‘Observer’ in the amount of $29.97 for a legal notice for the Zoning Board of Appeals. 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                          $60,051.92
General Fund PT                    $7,021.88
Highway Fund                        $1,521.90
Highway Fund PT                   $149,988.43
Berry Water District              $271.03
Chestnut Water District         $637.91
North End Water District       $102.42
Van Buren Water District      $338.00
Lily Dale Sewer District        $2,449.71

TOWN CLERK REPORTS
 
  • Pomfret Town Justices reports for August 2016 are as follows:
                        Justice Pulci Total Cases: 160
                        Total Fines & Surcharges: $15,290.00

                        Justice Dietzen Total Cases: 149
                        Total Fine & Surcharges: $14,727.00
  • Town Historian, Todd Langworthy, provided a monthly report for the month of September. It is on file in the clerk’s office.
  • The Town Clerk has been in contact with ‘Mezza Mechanical Services’ regarding the heating and air conditioning at Town Hall. The company will be conducting an audit and presenting to the board at a later date.
  • There will be a free rabies clinic held on Saturday, September 17, 2016 at the Pomfret Highway Barns from 1:00P.M. to 3:00P.M.
  • The last day for hunters to apply for their DMP (Deer Management Permit) is Saturday October 1, 2016. The Clerk will be opening her office from 9:00A.M. to 12:00P.M.




AUDIENCE CONCERNS
  • Jack Van Scoter, Pomfret resident, addressed the board asking for action to provide water on Van Buren Road to his family’s residence. Supervisor Steger replied to his request stating the town and engineers are still working on funding packages to continue with the water district. Mr. Van Scoter was informed that the district water lines cannot be paid for by town tax dollars. The cost is absorbed by the residents living within the district.
  • Nancy Jankowski-Kubera, Pomfret resident, asked the board to please consider appointing a zoning board member who lives in the Town of Pomfret, outside the Village of Fredonia. Mrs. Kubera also addressed the board about the funding of Phase II of the North End Water District. Mr. Steger stated the board will not know their status of their application until October 2016.

 SUPERVISOR STEGER
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Sedota and carried:
WHEREAS, the Town Board of the Town of Pomfret had before it a proposed local law for the year 2016 regulating the installation, placement of solar energy equipment and systems in the Town of Pomfret, and
WHEREAS, the proposed action under SEQR is adoption of a local law by a legislative body, and
WHEREAS, the project sponsor and lead agent for SEQR is the Town Board of the Town of Pomfret, and
WHEREAS, the Town Board of the Town of Pomfret did duly call for and hold a public hearing on a proposed local law on September 14, 2016 at 6:15P.M., and
WHEREAS, at the public hearing all board members and members of the public were heard with respect to any environmental considerations regarding adoption of said local law, and
WHEREAS, the Town Board reviewed and completed both Part I and Part II of the Short Environmental Assessment Form under SEQR, and
WHEREAS, no particular project, application, or permit for a solar energy systems is presently before the Town Board of the Town of Pomfret,
NOW, THEREFORE it is RESOLVED, that the Town Board of the Town of Pomfret after public hearing and review of the Short Environmental Assessment Form, Parts I and II, does hereby declare that the proposed action, which is the adoption of a local law, will not result in any significant adverse environmental impact, and it is further,
RESOLVED, that the Supervisor of the Town of Pomfret may execute a negative declaration with respect to this action.
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
 
  • Supervisor Steger made a motion to adopt Local Law No. 2 of 2016, seconded by Councilwoman Eckman and carried.
WHEREAS, the Town Board of the Town of Pomfret has before it a proposed local law for the year 2016 regulating the installation and placement of solar energy equipment and systems in the Town of Pomfret, and
WHEREAS, the Town Board of the Town of Pomfret did previously adopt a resolution setting a public hearing on said local law for September 14, 2016 at 6:15P.M. at the Town Hall, which notice of public hearing was duly posted and published in accordance with law, and
WHEREAS, referral of said proposed local law was made to the Chautauqua County Department of Planning pursuant to Section 239-m of the General Municipal Office of the State of New York, and
WHEREAS, the Town Board did receive the report from the County Department of Planning to the effect that the matter was one of local concern, and
WHEREAS, the Town Board did conduct said public hearing and heard all parties interested, and
WHEREAS, the Town Board did previously consider all matters under SEQR and found that the proposed action in adopting said local law would not result in any adverse environmental impacts under SEQR,
NOW, THEREFORE BE IT RESOLVED,
That the Town Board of the Town of Pomfret does hereby adopt and enact Local Law No. 2 of 2016, which local law regulates the installation and placement of solar energy equipment and energy systems in the Town of Pomfret, and it is further,
RESOLVED, that the Town Clerk shall file same with the Secretary of State in accordance with law.
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
 
  • Supervisor Steger made a motion to schedule a Special Meeting of the Town Board of the Town of Pomfret for the purpose of the Town Clerk to distribute the 2017 budget. The Special Meeting will be held on Monday, October 3, 2016 at 6:00P.M. at Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to schedule a budget workshop on Monday, August 3, 2016 at 6:15P.M. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to schedule two budget workshops on Tuesday, October 4, 2016 and Monday, October 10, 2016 at 6:00P.M. The motion was seconded by Councilwoman Eckman and carried.
  • Councilwoman Eckman made a motion to authorize Ann Fearman, SUNY Fredonia Professor, to use the Forest Hill Cemetery on October 31, 2016 from 5:00P.M. until 8P.M. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to authorize the use of Forest Hill Cemetery for the ‘Harvest Moon Cemetery Tours’ on Friday, October 21 and Saturday, October 22, 2016 from 5:30P.M. to midnight both evenings. The motion was seconded by Councilman Sedota and carried.
  • Supervisor Steger made a motion to authorize the use of funds to Evie Sievert for the purchase of supplies for the Halloween Parade in Laona on Saturday, October 29, 2016 at 3:00P.M. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made the following Proclamation for the Town of Pomfret-
WHEREAS, the Town of Pomfret has an interest in promoting the social and economic well-being of its citizens, employees, and employers; and

WHEREAS, that well-being depends upon the existence of healthy and productive employees working in safe and abuse-free work environments; and

WHEREAS, research has documented the stress-related health consequences for individuals caused by exposure to abusive work environments; and

WHEREAS, abusive work environments are costly for employers, with consequences including reduced productivity, absenteeism, turnover, and injuries; and

WHEREAS, protection from abusive work environments should apply to every worker, and not be limited to legally protected class status based only on race, color, gender, national origin, age or disability;

NOW, THEREFORE, proclaim October 16-22,2016 as FREEDOM FROM WORKPLACE BULLIES WEEK and commend the Workplace Bullying Institute which raises awareness of the impacts of, and solutions for, workplace bullying in the U.S.; and
Encourage all citizens to recognize this special observance.
 
  • The Town of Pomfret has a vacancy on the Zoning Board of Appeals. All letters of interest shall be submitted to the Town Clerk.
  • The NYS Department of Transportation has announced the availability of $98.7 million in funding to support transportation-related projects and programs, including bicycle, pedestrian, multi-use paths, and/or projects that will help meet the requirements of Clean Air Act by reducing congestion and vehicle emissions.
  • The Habitat for Humanity Club of SUNY Fredonia will be hosting a fundraising event called ‘Harvest Festival’. This event will be October 8, 2016 from 11A.M. to 6:00P.M. at the Barker Commons. This event is to raise money to aid families in the Chautauqua County area.


COUNCILMAN SCHAEFFER
  • Councilman Schaeffer updated the board on the Mega Municipal Electric/Gas Association. He has spoken with the Chautauqua County Executive to involve more municipalities. He will keep the board updated.

HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow informed the board the highway department has been very busy with black topping roads in the Town of Pomfret and also helping other municipalities with shared services.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro advised the board on the memo sent by the Pomfret Assessor, Kevin Muldowney, about the Real Property Tax law and exemptions. The state has reversed the process of exemptions. The exemption will be granted unless the entity ops out by the adoption of a local law.
  • The board was made aware by the Code Enforcement Officer, Warren Kelly, about the alleged unsafe building at 4627 West Main Road. The C.E.O. has contacted the property owner asking to secure and lock windows and doors of the property and to put up a temporary fence around the building.

DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:34P.M. The motion carried.

Respectfully Submitted,


Allison Dispense
Town Clerk

 

September 14,2016 Public Hearing-Solar Law

PUBLIC HEARING of the Town Council of the Town of Pomfret held September 14, 2016 6:15 P.M. at the Town Building, 9-Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Counsel Jeffrey Passafaro
                        Highway Superintendent Dan Bigelow

                        Town Board Members:
                        Christopher Schaeffer
                        Ann Eckman
                        John Sedota
                      
ABSENT:       Brett Christy

Town Clerk Dispense produced the proof of posting and publication of the Public Hearing.

Supervisor Steger opened the hearing being held to consider a Local Law regulating the installation, placement of solar energy equipment and systems in the Town of Pomfret. An abstract of which follows:
            The Town Board of the Town of Pomfret exercising its authority under the laws of the State of New York enacts this local law to regulate construction, maintenance and placement of solar energy systems and equipment in the Town of Pomfret.
            The law contains definitions for building-integrated photovoltaic; collective solar; ground-mounted systems; solar energy equipment; solar energy production facility; solar energy system, panels and batteries.
            The law further defines Small-Scale Solar Energy Systems as less than 25KW capacity for on-site consumption only.
            Small-Scale Solar for residential placement on-site is permitted in all residential zoning districts. Building permit required. Compliance with all height, set-back, and area requirements in the zoning district. Ground-mounted, small-scale residential solar, special permit required only if side yard location applied for.
            Large-Scale Solar Systems are permitted only in Zoning Districts AR-1, AR-2, I-1 and I-2 by Special Use Permit. Large-Scale Solar Systems are defined as capacity of more than 25KW for off-site consumption or sale.
            Large-Scale Solar Energy Systems require a Special Use Permit and Site plan Review. Site Plan Review conducted by the Town of Pomfret Planning Board. Application for Special Use Permit are before the Town Board. The law sets forth the Special Use requirements.
            The local law sets forth the penalties for violations.
A copy of the complete local law as proposed is available for inspection in the Town Clerk’s office.



AUDIENCE CONCERNS
  • David Fridmann, Pomfret Zoning Board Chairman, asked the board about section 6-Battery storage section of the local law. Mr. Steger confirmed that the applicant will have to conform to the NYS Building Code and the National Electric Code.
  • James Oakes, Pomfret resident, asked the board what the process is to apply for commercial solar. The board advised any applicant must apply for a special use permit.

DULY MOVED by Councilwoman Eckman and seconded by Councilman Schaeffer to close the Public Hearing.  The motion was carried.
TIME: 6:31P.M.

Respectfully Submitted,


Allison Dispense
Town Clerk

 

August 10,2016 Regular Town Board Minutes

  REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. August 10, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                     Supervisor Donald Steger
PRESENT:  Town Clerk Allison Dispense          
                  Highway Superintendent Daniel Bigelow
                                              

COUNCILPERSONS: Christopher Schaeffer
                                    John Sedota
                                    Brett Christy
                                    Ann Eckman

ABSENT:    Town Attorney Jeffrey Passafaro

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the Regular Town Board meeting held July 13, 2016. The motion was seconded by Councilman Sedota and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the special meeting held July 22, 2016. The motion was seconded by Councilwoman Eckman and the motion carried.

DULY MOVED BY Supervisor Steger, seconded by Councilwoman Eckman to approve the following budget transfers and Modification. The motion carried.

GENERAL FUND TOWNWIDE
$500 FROM A9060.8 Employee Benefits Hospital & Medical
         TO       A9060.81 Employee Benefits Dental Insurance

HIGHWAY FUND OUTSIDE VILLAGE
Modify 2016 adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $110,529 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $110,529
            For 2015 funding rollover & 2016 actual funding allocation

$500 FROM DB9060.8 Employee Benefits Hospital & Medical
         TO       DB9060.81 Employee Benefits Dental Insurance

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 8. 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                          $12,685.50
General Fund PT                    $1,904.31
Highway Fund                        $1,379.43
Highway Fund PT                   $33,923.26
Berry Water District              $33.00
Chestnut Water District         $33.00
North End Water District       $196.61
Lily Dale Sewer District        $3,746.46

TOWN CLERK REPORTS
 
  • Pomfret Town Justices reports for July 2016 are as follows:
                        Justice Pulci Total Cases: 167
                        Total Fines & Surcharges: $16,366.00

                        Justice Dietzen Total Cases: 155
                        Total Fine & Surcharges: $16,987.00
  • The Fredonia Fire Department June 2016 report is on file in the Clerk’s office. There were a total of 141 calls, with 36 being within the Town of Pomfret.
  • The Fredonia Fire Department July 2016 report is on file in the Clerk’s office. There were a total of 178 calls, with 30 being within the Town of Pomfret.
  • Town Historian, Todd Langworthy, provided a monthly report for the month of June. It is on file in the clerk’s office.
  • Town Clerk Dispense was awarded a $100.00 scholarship from the Chautauqua County Municipal Clerks Association for attending the Certified Municipal Clerk Institute at Cornell University in July 2016.
  • The Town of Pomfret will be reimbursed $400.00 for the attendance of the Town Clerk at Cornell University for the Certified Municipal Clerk program. This reimbursement comes from the scholarship awarded to Town Clerk Dispense from the IIMC (International Institute of Municipal Clerks).
  • Clerk Dispense presented a quote to the board from CardiacLife for an AED (automated external defibrillator) install at Town Hall. The quote came in at $1,625.00. The board requested to look at other vendors and ask other municipal clerk’s if they have an AED located in their town hall.
 SUPERVISOR STEGER
  • Supervisor Steger made a motion to authorize Justice Pulci to attend the NYS Magistrates Conference in Lake Placid from September 25-28, 2016 with a cost not to exceed $700.00. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to authorize Justice Pulci and Justice Dietzen to apply for a grant thru the Justice Court Assistance Program for the year 2016-2017. The motion was seconded by Councilman Sedota and carried.
  • The Fredonia Farm Festival has asked permission to use the power outlets, parking lot and water for Friday August 26, 2016, Saturday August 27, 2016 and Sunday August 28, 2016. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made a motion to submit the revised purposed solar law from the zoning and planning boards to the County for their review. The motion was seconded by Councilman Christy and carried.
  • Supervisor Steger made a motion to schedule a public hearing on the purposed solar law on September 14, 2016 at 6:15P.M. The motion was seconded by Councilman Schaeffer and carried.
  • Supervisor Steger made a motion to accept with regret the resignation letter from the Zoning Board Chairman, Samuel Allessi, and effective August 25, 2016. The motion was seconded by Councilwoman Eckman and carried.
  • Supervisor Steger made a motion to appoint David Fridmann, of 131 Chestnut Street, Fredonia, as Chairman to the Pomfret Zoning Board of Appeals effective August 25, 2016 for the balance of 2016 as rates established in the 2016 budget. The motion was seconded by Councilwoman Eckman and carried.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to hire Brad Dietzen of 155 Central Ave., Fredonia, as Forest Hill Cemetery Sexton at a rate of pay of $10.00 per hour, not to exceed 15 hours per week. The motion was seconded by Councilman Christy and carried.
  • Councilwoman Eckman thanked the planning and zoning boards for their efforts in getting the solar law done in a timely manner and for working diligently with the town board.
  • Councilwoman Eckman thanked the Town Clerk for pursuing her education as a Town Clerk and always looking for grants and scholarships to help the town with the cost.

HIGHWAY SUPERINTENDENT BIGELOW
  • Mr. Bigelow updated the board on the blacktopping, oil, and stoning of Pomfret roads. He stated that everything is going very well.
  • Mr. Bigelow attended a meeting regarding fuel tanks. He stated there are upcoming mandates the town will have to comply with. He will keep the board updated as he learns any new information.

Supervisor Steger made a motion to adjourn the regular town board meeting at 7:20P.M to enter into executive session at 7:25P.M. for the purpose of discussing the employment and procedures of a particular department within the Town of Pomfret with no action to be taken. The motion was seconded by Councilman Sedota and carried.

Councilman Sedota made a motion to adjourn the executive session at 7:40P.M. and to reconvene the regular town board meeting. The motion was seconded by Councilman Schaeffer and carried.

DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:41P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

July 13, 2016 Regular Town Board Minutes

    REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 13, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:         Deputy Town Clerk EvaDawn Bashaw
                           Town Counsel Jeffrey Passafaro
                                             
COUNCILPERSONS: Christopher Schaeffer
                                    John Sedota
                                  Brett Christy
                                  Ann Eckman

ABESENT:      Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow

Deputy Supervisor Eckman led the Pledge of Allegiance of the Flag.      

DULY MOVED by Deputy Supervisor Eckman to accept the minutes of the June 08, 2016 regular town board meeting as presented by the Town Clerk. The motion was seconded by Councilman Schaeffer and the motion carried.

DULY MOVED by Deputy Supervisor Eckman and seconded by Councilman Christy to approve the payment of bills as presented by the Town Clerk on Abstract # 7. The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund                          $27,541.24
General Fund PT                    $17,819.22
Highway Fund                        $2,404.06
Highway Fund PT                   $178,595.25
Berry Water District              $8,814.28
Chestnut Water District         $2,771.93
North End Water District       $33,485.68
Van Buren Water District      $11,757.70
Lakeview Sewer District        $93.37
Sewer District One                 $3,054.77
Sewer District Two                $1,486.62
Rt. 20 Sewer                           $145.94
Rt. 20 Water                           $84.66
Rt. 60 Sewer                           $10,666.34
Rt. 60 Water                           $6,919.69
Lily Dale Sewer District        $2,921.29
Pomfret Fire                           $57,750.00

TOWN CLERK REPORTS
 
  • Pomfret Town Justices reports for June 2016 are as follows:
                        Justice Pulci Total Cases: 203
                        Total Fines & Surcharges: $20,433.00

                        Justice Dietzen Total Cases: 193
                        Total Fine & Surcharges: $19,344.00
  • The Fredonia Fire Department May 2016 report is on file in the Clerk’s office. There were a total of 154 calls, with 39 being within in the Town of Pomfret.
  • Town Historian, Todd Langworthy, provided a monthly report for the month of July. It is on file in the clerk’s office.

DEPUTY SUPERVISOR ECKMAN
  • Deputy Spervisor Eckman reported on the status of the sexton’s position at Forest Hill Cemetery and asked for board support in provisionally appointing a candidate to the position after Mrs. Eckman and Mr. Bigelow conduct interviews for the position.  The board unanimously agreed.
  • Deputy Supervisor Eckman made a motion to allow the Town Clerk to enter into an agreement for the Postage Lease Agreement with Lineage, seconded by Councilman Christy, motioned carried.
  • Deputy supervisor Eckman motioned to approve the following 2016 Summer Recreational Employee Appointments, seconded by Councilman Christy, motioned carried. Appointments are as follows:

First Name   Last Name  Lifeguard/Playground Wage
Jarod       Burmaster                           Min. Wage
*James   Hobbs                                 $10.50/hr.        Min. Wage
*Amanda   Laurito                             $10.50/hr.      Min.Wage          *Lindsey Lovern                            $10.50/hr.       Min. Wage
*Sebastian McAfee                                                 Min. Wage
Colleen McCormick                                                 Min. Wage
Mikayla Poniatowski                                                Min. Wage
*Kristen  Reinhardt                                                  Min. Wage
*Matthew Sheridan                                                  Min. Wage
Lauren Skellie                                                         Min Wage
*Anna Vecchio          .                                             Min. Wage
*Haley Zebraski                               $10.50/hr      Min. Wage
 
  • Deputy Supervisor Eckman made a motion to approve the New Water/Sewer rates, Seconded by Councilman Schaeffer, motion carried. The new water/sewer rates are as follows:
Water - $50.00 min. up to 1,000 gal/$7.27 per 1,000 after (Residential) increase of .23 cents
             $69.50 min. up to 1,000 gal./$10.79 per 1,000 after (Commercial) increase of .15 cents

Sewer - $10.94 per 1,000 gal. (Residential, No change in current rate)
             $15.51 per 1,000 gal. (Commercial) increase of .30 cents
 
  • Deputy Supervisor Eckman acknowledged the receipt of the Proposed Solar Zoning Ordinance from the Zoning Board of Appeals and the Planning Board.  She requested the scheduling of a workshop for the purpose of review and discussing the proposal.
  • Deputy Supervisor Eckman moved to schedule a workshop on Wednesday, August 3, 2016 at 5:30 pm, seconded by Councilman Sedota, the motion carried.

HIGHWAY SUPERINTENDENT BIGELOW
  • In the absence of Mr. Bigelow a letter was read by the Deputy Clerk informing the board that the following roads had been oiled:
Hahn Rd
Kelly Hill Rd. from Bachellor Hill to Chautauqua Rd
Chautauqua Rd. from Kelly Hill Rd to the dirt section
Chautauqua Rd. just north of Maytum down to Webster Rd
Christy Rd
Wilber Rd
Chestnut Rd
Fredonia Central School, back road (they pay for, we just help)

The following roads have been paved – with intention of doing more:
McAllister Rd
Lake Rd.
Van Buren Bay Court
 
  • Deputy Supervisor Eckman made a motion to approve the Renewal of the “Planned Maintenance Agreement” for emergency equipment (backup generator at Lily Dale WWTP), seconded by Councilman Christy, motion carried
 
  • Deputy Supervisor Eckman motioned to approve the Highway Superintendent’s submission of the “Annual Maintenance Highway work Permit for facilities on NYSDOT Right-of-Way”, seconded by Councilman Sedota, motion carried

DULY Moved by Councilman Sedota, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:00 P.M. The motion carried.

Respectfully Submitted,
EvaDawn Bashaw
Deputy Town Clerk

 

July 22, 2016 Special Meeting Minutes

  SPECIAL MEETING of the Town Board of the Town of Pomfret held July 22, 2016 at 10:00 A.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                       Town Clerk Allison Dispense
                       Councilman Christopher Schaeffer
                       Councilman Brett Christy
                      
ABSENT:        Councilwoman Ann Eckman
                        Councilman John Sedota
                        Highway Superintendent Daniel Bigelow
                        Town Attorney Jeffrey Passafaro
                  
      Supervisor Donald Steger called the meeting to order with the pledge of allegiance.

This meeting is for the purpose of the town board to pass the following resolution:

WHEREAS, NYS Governor Andrew Cuomo, has created ten Regional Economic Development Councils; and

WHEREAS, as party of the Regional Economic Development strategy, a unified funding process, the Consolidated Funding Application has been developed and made available to distribute grant funds for job creation, infrastructure improvements and regionally significant economic development projects; and

WHEREAS, the Department of State of the State of New York has made funding available for 2016 Local Government Efficiency (LGE) Grant Programs to assist applicants in implementing plans to improve local government efficiency and cost savings, and

WHEREAS, the following communities in the Chautauqua County deem it advantageous to join together in seeking an Efficiency Implementation Grant from the Department of State to study and implement a municipal joint water department that would include the Town of Portland, Town of Dunkirk, Town of Dunkirk, Town of Sheridan, Town of Pomfret and Village of Brocton, and

WHEREAS, the Town of Portland will act as the lead applicant and all the other constituent municipalities will act as co-applicants in this application, and

WHEREAS, the application will seek $300,000 in total monies, $270,000 in a Consolidated Funding Application/Department of State LGE Grant, and $6,000 each from the five (5) municipalities for a total local share of $30,000,

NOW, THEREFORER, on a motion of Councilman Schaeffer, seconded by Councilman Christy it is,

RESOLVED, that the Town of Pomfret hereby agrees to act as a co-applicant with the Town of Portland as the lead applicant for a Consolidated Funding Application/Efficiency Implementation Grant from the Local Government Efficiency Grant Program administered by the New York State Department of State for the purposes of the establishing a joint municipal water department, and it is further

RESOLVED, that the Supervisor is hereby authorized to execute all necessary Grant Application Documents for submission to the Consolidated Funding Application, Department of State  Local Government Efficiency Grant Program.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy to adjourn the meeting. The motion carried. Time 10:08 A.M.
Respectfully Submitted by Allison Dispense, Town Clerk

 

June 8, 2016 Town Board Minutes

 REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 08, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                      Supervisor Donald Steger
PRESENT:    Town Clerk Allison Dispense
                      Town Counsel Jeffrey Passafaro
                      Highway Superintendent Daniel Bigelow
                                              
COUNCILPERSONS: Christopher Schaeffer
                                   John Sedota
                                   Brett Christy

ABSENT:     Ann Eckman

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the May 11, 2016 Public Hearing on proposed local law-moratorium. The motion was seconded by Councilman Christy and carried.

DULY MOVED by Supervisor Steger to accept the minutes of the May 11, 2016 regular town board meeting as amended to reflect that a public hearing was held at 6:15 on May 11, 2016 at Town Hall. The motion was seconded by Councilman Sedota and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 6. 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                          $12,448.75
General Fund PT                    $719.50
Highway Fund                        $747.13
Highway Fund PT                   $22,821.16
Berry Water District              $2,519.88
Chestnut Water District         $33.00
North End Water District       $262.47
Van Buren Water District      $8.00
Lily Dale Sewer District        $898.49

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for May 2016 are as follows:
                        Justice Pulci Total Cases: 180
                        Total Fines & Surcharges: $15,112.00

                        Justice Dietzen Total Cases: 226
                        Total Fine & Surcharges: $22,277.00
  • The Fredonia Fire Department April 2016 report is on file in the Clerk’s office. There were a total of 165 calls, with 19 being within in the Town of Pomfret.
  • Town Historian, Todd Langworthy, provided a monthly report for the month of June. It is on file in the clerk’s office.
  • Town Clerk Dispense thanked the board for the opportunity to attend the IIMC (International Institute of Municipal Clerks) Conference in Omaha, Nebraska the week of May 23-27,2016.

 SUPERVISOR STEGER
  • Supervisor Steger updated the board on the Northern Chautauqua County Water District. He has been appointed as chairman of the committee and are moving forward with phase one of the project. He is very pleased with the pace of the project moving forward.

COUNCILMAN SEDOTA
  • Councilman Sedota made a motion to authorize the town to expend $500.00 to the City of Dunkirk for the 4th of July Celebrations. The motion was seconded by Councilman Schaeffer and carried.

HIGHWAY SUPERINTENDENT BIGELOW
  • Highway Superintendent Bigelow updated the board on the progress of Castille Heights project. The guard rail has been installed and the area hydro seeded. He is anticipating the paving to be completed by the end of the week. When this is completed the project will be 100% completed.
  • The Board and Mr. Bigelow had a lengthy discussion on the purchase and the options for purchasing a 10-wheeler truck for the highway department. 
DULY Moved by Councilwoman Schaeffer, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:22 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk
 

May 11, 2016 Public Hearing Minutes-Moratorium

  PUBLIC HEARING of the Town of Pomfret held May 11, 2015 at 6:15P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Deputy Town Clerk EvaDawn Bashaw
                        Town Attorney Jeffrey Passafaro

COUNCIL:    Councilman Christopher Schaeffer 
                        Councilman Christy
                        Councilwoman Eckman
                        Councilman Sedota
                                   
The Deputy Town Clerk produced proof of Posting and Publication for the Public Hearing.

Section One- Purpose:
Upon recommendation from the Planning Board and Zoning Board of Appeals of the Town of Pomfret, the Town Board of the Town of Pomfret does desire to establish a six month moratorium on the installation and placement of certain solar energy equipment and systems in the Town of Pomfret allowing time for regulating legislation to be studied, reviewed and enacted for the Town of Pomfret, Chautauqua County, New York. The Town Board is aware of the public interest in adopting solar energy as alternative energy and it is clear that applications for these facilities may be proliferating. The rapidly evolving technology, and the unique locations within the Town of Pomfret that may host these facilities requires regulation to carefully and safely integrate these facilities within the Town’s existing pattern of predominating residential and agricultural land use. The Town Board of the Town of Pomfret desires to address, in a careful manner, the establishment, placement, construction, erection and installation of solar facilities, particularly commercial solar facilities, on a comprehensive town-wide basis.
                            
Section Two-Definitions:
Solar Energy Equipment/System-Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy and is stored, protected from unnecessary dissipation, and distributed. Solar systems include solar thermal, photo voltaic, and concentrated solar.

Section Three-Moratorium:
During the effective period of this Local Law, neither the Town Board, the Planning Board, the Zoning Board of Appeals, nor the Building Inspector, Code Enforcement Office/Zoning Officer, shall grant any approval or issue permits that would result in the establishment, placement, construction, installation, enlargement, or erection of non-residential, non-rooftop solar energy equipment or systems within the Town of Pomfret, Chautauqua County, New York. Nor shall the above mentioned bodies or officers grant approvals or permits for any non-residential solar energy equipment/system or systems generating energy for storage, sale or distribution off-site. The Town Board of the Town of Pomfret reserves the right to direct the Town Code Enforcement Officer, Building Inspector, and Zoning Officer, to revoke or rescind any building permit or certificate issued in violation of this Local Law. No applications for construction affected by this Local Law or for approval of a site plan, subdivision, variance, special use permit or any other permit, shall be considered by any Board or Officer or Agency of the Town of Pomfret while the moratorium imposed by this Local Law is in effect.

Section Four-Term:
This local law shall be in effect for a period of six months from the effective date of this local law.

Section Five-Penalties:
Any person, firm or corporation that shall be found to be in violation of this Local Law shall be subject to such penalties as may otherwise be provided by the Zoning Code or Law of the Town of Pomfret for violations thereunder; and the Town Board of the Town of Pomfret reserves to itself the right to apply for injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law.

Section Six-Validity:
The invalidity of and any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given in effect without such invalid provision.

Section Seven-Effective Date:
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.

PUBLIC COMMENT-
  • Mary Croxton representing Solar Chautauqua read a letter from the Coalition that has been submitted and enter into record.
 
  • Diane Hofner, also representing Solar Chautauqua shared information about the reduced cost per watt for farm and commercial roof mounted solar units and asked the board to amend the moratorium so that rooftop solar units for farms and commercial buildings were not included in the 6 month moratorium. When asked by Councilman Christy if there were any applications or contracts pending for farms or commercial buildings in the Town of Pomfret, Hofner replied that she was not aware of any.
 
  • Robert Dando, representing the Office of the Aging spoke in favor of the use of solar energy and inquired as to the effect the moratorium would have on his organization.  
            DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried to close the Public Hearing. TIME: 7:10 pm

Respectfully Submitted,
EvaDawn Bashaw
Deputy Town Clerk


 

May 11,2016 Town Board Minutes

  REGULAR MEETING of the Town Board of the Town of Pomfret held at 7:10 P.M. May 11, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                    Supervisor Donald Steger
PRESENT:  Deputy Town Clerk EvaDawn Bashaw
                   Town Counsel Jeffrey Passafaro
                   Highway Superintendent Daniel Bigelow

COUNCILPERSONS: Christopher Schaeffer
                                    John Sedota
                                    Ann Eckman
                                    Brett Christy
ABSENT:          Town Clerk Allison Dispense

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the April 13, 2016 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Sedota to approve the payment of bills as amended and presented by the Town Clerk on Abstract # 5. 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                          $9,054.56
General Fund PT                    $2,288.94
Highway Fund PT                   $14,536.90
Berry Water District              $55.66
Chestnut Water District         $33.00
North End Water District       $3,456.86
Rt. 60 Water District              $6,849.05
Van Buren Water District      $733.26
Rt.60 Sewer District               $10,005.45
Lily Dale Sewer District        $357.08

TOWN CLERK REPORTS
  • Pomfret Town Justices reports for April 2016 are as follows:
                        Justice Pulci Total Cases: 194
                        Total Fines & Surcharges: $16,533.00
                        Justice Dietzen Total Cases: 194
                        Total Fine & Surcharges: $17,181.00
 
  • Town Historian, Todd Langworthy, provided a monthly report for the month of February. It is on file in the clerk’s office.
 
  • The Fredonia Fire Department March 2016 report is on file in the Clerk’s office. There were a total of 150 calls, with 30 being within the Town of Pomfret.
 
  • Scholarship awards in the amount of $1,100 has been received by the Town Clerk to assist with the cost of education and training thus far in 2016.
 
  • The 2016 Tax Collection report was reviewed indicating a total adjusted warrant amount of $7,535,347.42 with $1,285,091.34 paid to the Town, $5,015,223.81 paid to the County and $878,924.58 remaining unpaid. A total of 6,238 bills were sent out in 2016.

AUDIENCE CONCERNS
  • Wanda and Ron Szymanski of 5169 West Main Rd., Fredonia presented concerns about flooding that has been occurring on the property.  They provided pictures to the board’s to demonstrate the degree of flooding that is occurring and described the steps they have taken to address the problem (ie; placement of drainage tiles, trenching and placement of gravel). They have asked for any possible assistance from the Town of Pomfret to correct the situation.  Highway Superintendent Bigelow stated that tracing dye has been purchased with the intent to locate the source of the water flow.  Attorney Passafaro indicated that the Town must determine that the problem is on or caused by something located on the Town right-of-way or roadway in order to act.  He reminded that the Town only had jurisdiction over the town right-or-way or road way.
 
  • Rebecca Cuthbert, Observer reporter, asked about an update on the progress related to the highway barn.  Councilman Christy indicated that a few workshop meetings had been held at the location to review the needs and that they are now in the process of prioritizing that list. 

 SUPERVISOR STEGER
  • The Pomfret Board held a public hearing at 6:15, May 11, 2016 regarding the proposed local law regarding a moratorium. Proper proof of publishing and posted was presented by the Deputy Town Clerk.
 
  • Councilman Christy made a motion to approve the adoption of proposed Local Law #1 of 2016 imposing a moratorium on the installation of solar collection units (except for residential rooftop units) for a period of 6 months.   The motion was seconded by Councilman Schaeffer.
Roll Call:
Councilman Christy – Aye
Councilman Schaeffer – Aye
Councilman Sedota – Aye
Supervisor Steger – Aye
Councilwoman Eckman – No
The motion carried.
  • A motion was made by Supervisor Steger and seconded by Councilwoman Eckman to accept the resignation of Ann Renckens as Sexton of Forest Hill Cemetery with regrets. Motion carried unanimously.
  •  Letters of interest that have been received will be reviewed and interviews scheduled by an interview team consisting of Councilwoman Eckman and Highway Superintendent Bigelow at a date to be determined.
 
  • Supervisor Steger shared the request for placement of a congratulatory ad for Forest Lodge #166 Bicentennial Celebration. No action taken.

COUNCILMAN CHRISTY
Inquired as to the status of the Castile Heights guard rail repair.  Highway Superintendent
Bigelow stated that the area had been graded and seeded today, that he expected the railing to be reset soon and that he had looked into having the area paved.

HIGHWAY SUPERINTENDENT BIGELOW
Superintendent Bigelow explained to the Board that the vote taken last month authorizing the installation of a new stick-mount hydraulic thumb with the bid awarded to Anderson Equipment did NOT include the price of installation. With installation costs included, Anderson Equipment was no longer the lowest bid.
 
  • Councilman Christy motioned to rescind the bid award to Anderson Equipment because the quotation did not include installation costs and instead award the bid to Monroe Tractor with a bid of $6,687.00 – including installation costs. The motion was seconded by Councilman Sedota.
Motion unanimously carried.
 
  • Supervisor Steger made a motion to approve the Shared Service Agreement between the Town of Pomfret and the NYSDOT. The motion was seconded by Councilman Schaeffer. Motion was unanimously approved.
 
  • Fuel bids were opened. Superintendent Bigelow recommended based on price that the bid be awarded to NOCO as the lowest bidder with bids of $1.445 for supreme diesel fuel and $1.495 for unleaded gasoline. Supervisor Steger made a motion to award the fuel bid to NOCO based on the lowest bid amount, seconded by Councilwoman Eckman and the motion passed.

DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 8:15 P.M. The motion carried.

Respectfully Submitted,
EvaDawn Bashaw
Deputy Town Clerk

 

April 13, 2016 Town Board Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 13, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

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

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the March 9, 2016 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion 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 # 4.  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                          $20,797.35
General Fund PT                    $17,244.39
Highway Fund PT                   $17,419.36
Berry Water District              $8,577.66
Chestnut Water District         $1,847.92
North End Water District       $34,441.90
Rt. 20 Water District              $178.30
Van Buren Water District      $11,940.70
Lakeview Sewer                     $160.58
Sewer District 1                      $2,606.17
Sewer District 2                      $1,444.94
Rt. 20 Sewer District              $304.80
Lily Dale Sewer District        $10,220.85
Lily Dale Fire Protection       $30,008.00
Capital Projects                      $357.00

TOWN CLERK REPORTS
Pomfret Town Justices reports for March 2016 are as follows:
                        Justice Pulci Total Cases: 231
                        Total Fines & Surcharges: $20,642.00

                        Justice Dietzen Total Cases: 240
                        Total Fine & Surcharges: $23,498.50

Town Historian, Todd Langworthy, provided a monthly report for the month of February. It is on file in the clerk’s office.

The Fredonia Fire Department January 2016 report is on file in the Clerk’s office. There were a total of 141 calls, with 21 being within the Town of Pomfret.

The Fredonia Fire Department February 2016 report is on file in the Clerk’s office. There were a total of 188 calls, with 25 being within the Town of Pomfret.

The 2015 Annual Report from the Supervisor has been received and on file in the clerk’s office.

The Clerk has received notice the ‘Yokoso Japanese Steakhouse Restaurant’ has applied for their liquor license.

AUDIENCE CONCERNS
James Lyndon, Village of Fredonia Trustee, introduced himself as the liaison for the Village of Fredonia to the Town Board. There was a brief discussion between Mr. Lyndon and the board about creating a community forum. This would be a forum held by both the Village and Town of Pomfret boards to hear the communities’ comments, questions, and concerns. The liaisons for the Village and for the Town will be meeting to discuss further.

 SUPERVISOR STEGER
Supervisor Steger congratulated the Town Clerk for receiving a $400.00 Certified Municipal Clerk Institute Scholarship for the 2016-2017 year. This scholarship is provided by the ‘Municipal Clerks Education Foundation’. Supervisor Steger thanked Clerk Dispense for applying for scholarships to help the town with the cost of education.

The Pomfret Zoning and Planning boards have addressed the board and asked for a creation of a moratorium on both commercial and individually proposed Solar Fields in the Town of Pomfret. The Zoning and Planning boards have asked for this moratorium, not to exceed 12 months, for the purpose to provide time for the boards to investigate and adopt regulations related to solar fields as no regulations currently exist within the Town Code.

A motion made by Councilman Christy, seconded by Councilman Schaeffer to schedule a Public Hearing for May 11, 2016 at 6:15P.M. for the following purposed local law of 2016:

Section One- Purpose:
Upon recommendation from the Planning Board and Zoning Board of Appeals of the Town of Pomfret, the Town Board of the Town of Pomfret does desire to establish a six month moratorium on the installation and placement of certain solar energy equipment and systems in the Town of Pomfret allowing time for regulating legislation to be studied, reviewed and enacted for the Town of Pomfret, Chautauqua County, New York. The Town Board is aware of the public interest in adopting solar energy as alternative energy and it is clear that applications for these facilities may be proliferating. The rapidly evolving technology, and the unique locations within the Town of Pomfret that may host these facilities requires regulation to carefully and safely integrate these facilities within the Town’s existing pattern of predominating residential and agricultural land use. The Town Board of the Town of Pomfret desires to address, in a careful manner, the establishment, placement, construction, erection and installation of solar facilities, particularly commercial solar facilities, on a comprehensive town-wide basis.

Section Two-Definitions:
Solar Energy Equipment/System-Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy and is stored, protected from unnecessary dissipation, and distributed. Solar systems include solar thermal, photo voltaic, and concentrated solar.

Section Three-Moratorium:
During the effective period of this Local Law, neither the Town Board, the Planning Board, the Zoning Board of Appeals, nor the Building Inspector, Code Enforcement Office/Zoning Officer, shall grant any approval or issue permits that would result in the establishment, placement, construction, installation, enlargement, or erection of non-residential, non-rooftop solar energy equipment or systems within the Town of Pomfret, Chautauqua County, New York. Nor shall the above mentioned bodies or officers grant approvals or permits for any non-residential solar energy equipment/system or systems generating energy for storage, sale or distribution off-site.
The Town Board of the Town of Pomfret reserves the right to direct the Town Code Enforcement Officer, Building Inspector, and Zoning Officer, to revoke or rescind any building permit or certificate issued in violation of this Local Law.
No applications for construction affected by this Local Law or for approval of a site plan, subdivision, variance, special use permit or any other permit, shall be considered by any Board or Officer or Agency of the Town of Pomfret while the moratorium imposed by this Local Law is in effect.

Section Four-Term:
This local law shall be in effect for a period of six months from the effective date of this local law.

Section Five-Penalties:
Any person, firm or corporation that shall be found to be in violation of this Local Law shall be subject to such penalties as may otherwise be provided by the Zoning Code or Law of the Town of Pomfret for violations thereunder; and the Town Board of the Town of Pomfret reserves to itself the right to apply for injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law.

Section Six-Validity:
The invalidity of and any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given in effect without such invalid provision.

Section Seven-Effective Date:
This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York.
The motion carried.

The Board has been made aware of an upcoming vacancy for the Forest Hill Cemetery Sexton position. All persons interested are to write a letter to the board expressing their interest. These letters can be handed in to the Town Clerk until Monday May 9, 2016.

A motion made by Supervisor Steger to declare the weeks of May 21, 2016 and June 4, 2016 as “Annual Firemen’s Fund Drive Weeks’. This motion was seconded by Councilman Schaeffer and carried.

Supervisor Steger made a motion to approve the following resolution, seconded by Councilwoman Eckman and carried.

Safety Month Proclamation-May 2016
WHEREAS, our Town’s continuing efforts to address the critical issues of safety, energy efficiency, water conservation, and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and;

WHEREAS, our confidence is achieved through the devotion of vigilant guardians-building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry-who work year-round to ensure the safe construction of buildings, and;

WHEREAS, these guardians-dedicated members of the International Code Council-use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest-quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and;

WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties, and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and;

WHEREAS, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities’ largely unknown guardians of public safety-our local code officials-who assure us of safe, efficient and livable buildings, and;

WHEREAS, “Building Codes: Driving Growth through Innovation, Resilience and Safety” the theme for Building safety Month 2016, encourages all Americans to raise awareness of the importance of building safe and resilient construction; fire prevention; disaster mitigation, water safety and conservation; energy efficiency and new technologies in the construction industry. Building Safety Month 2016 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and,

WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.

NOW, THEREFORE, as Supervisor of the Town of Pomfret, do hereby proclaim the month of May 2016 as Building Safety Month. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities.

The Town of Pomfret has been given notice of the Tentative Special Franchise, Tentative Railroad Ceiling, and Tentative Telecommunications ceiling. They are on file in the Clerk’s office for review.

COUNCILMAN CHRISTY
Councilman Christy asked for an update on the guard rail located in Castille. Highway Superintendent Bigelow stated they need to put the concrete gutter system in, and also has a meeting set up for the contractor. Mr. Christy was pleased with the progress.

The concern of putting a street light on the corner of Rt.20 and Lamberton Road was addressed. The Town is going to pursue this issue and get the proper paper work and request to National Grid.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to release $500.00 in funds to support the Festivals Fredonia for their planned activities. The motion was seconded by Councilman Christy and carried.

The grant that was applied for to help with the cost of a computer for the Forest Hill Cemetery is still under review. Mrs. Eckman will report back to the board at the next month meeting.

HIGHWAY SUPERINTENDENT BIGELOW
Supervisor Steger made a motion to authorize the Highway Superintendent to request fuel bids to be returned to the Town of Pomfret by 4:00P.M. May 11, 2016. The motion was seconded by Councilman Sedota and carried.

Councilwoman Eckman made a motion to authorize the Highway Superintendent to purchase a Rockland BTH-B-CL Hydraulic Bucket Thumb, from Anderson Equipment in the amount of $6,326.00. The motion was seconded by Councilman Christy and carried.

A workshop has been scheduled for the purpose of discussing the condition of the Highway Barns. The workshop will be held on Wednesday May 4, 2016 at 5:30P.M. at the Highway Barns on Chautauqua Road.

DULY Moved by Councilman Christy, seconded by Councilwoman Eckman to adjourn the Regular Town Board meeting at 7:51 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk
 

March 9, 2016 Town Board Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. March 09, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                     Supervisor Donald Steger
PRESENT:   Town Clerk Allison Dispense
                     Town Counsel Jeffrey Passafaro
                    Highway Superintendent Daniel Bigelow
                                              

COUNCILPERSONS: Christopher Schaeffer
                                   John Sedota
                                   Ann Eckman
                                   Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the February 10, 2016 Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as amended with one addition as presented by the Town Clerk on Abstract # 3. The addition is for Dan Bigelow in the amount of $16.49.  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                          $18,661.69
General Fund PT                    $444.60
Highway Fund                        $306.00
Highway Fund PT                   $26,007.13
Berry Water District              $55.70
Chestnut Water District         $33.00
North End Water District       $2,895.58
Rt. 60 Water District              $5,200.42
Rt.60 Sewer District               $7,541.54
Lily Dale Sewer District        $1,532.44
Capital Projects                      $12,350.00

TOWN CLERK REPORTS

Pomfret Town Justices reports for February 2016 are as follows:
                        Justice Pulci Total Cases: 269
                        Total Fines & Surcharges: $20,849.25

                        Justice Dietzen Total Cases: 231
                        Total Fine & Surcharges: $25,696.00

Town Historian, Todd Langworthy, provided a monthly report for the month of February. It is on file in the clerk’s office.
The Fredonia Fire Department December 2015 report is on file in the Clerk’s office. There were a total of 185 calls, with 40 being within the Town of Pomfret

The Fredonia Fire Department Annual 2015 report is on file in the Clerk’s office. There were a total of 2,042 calls with 391 being within the Town of Pomfret for the 2015 year.

The Hillview Golf Course has given notice to the Town clerk of a 30-Day advance Notice of their liquor license for the summer of 2016. It is on file in the clerk’s office.

 SUPERVISOR STEGER
The Town Clerk has received a scholarship from the International Institute of Municipal Clerk’s Region One District to attend the 2016 Conference in Omaha, Nebraska. This grant will pay for the registration fee to attend the conference, estimated at $650.00 dollars. Mr. Steger congratulated the Town Clerk and commended her for the progress as she continues to develop her knowledge and networking to improve the town.

The Upstate Tower lease has been signed by both parties. The application is now in front of the FCC and the Pomfret Planning/Zoning board. The town at this point does not have control over the outcome of the lease.

Supervisor Steger has been appointed to the Legislature body for the North County Water Project.

Supervisor Steger made a resolution to adopt the agreement to spend highway funds under provision of the 284 Highway Law for the calendar year of 2016 with a total of $145,000.00 to be expended in general repairs. The motion was seconded by Councilman Christy and carried.

Councilman Christy made a motion to authorize Supervisor Steger to enter into an agreement with Shared Services C & D, Chautauqua County Land fill for 80 credits. The motion was seconded by Councilman Sedota and carried.

COUNCILMAN CHRISTY
Councilman Christy condensed the survey originally given to the Town Board by Clark Patterson Lee of the survey done on the highway barns. He’d like the board to review the items and start to consider putting money aside in the following year’s budget. Councilman Sedota asked Mr. Bigelow to prioritize the survey.

COUNCILWOMAN ECKMAN
Councilwoman Eckman and Town Clerk Dispense will be representing the Town at the Annual Fredonia Chamber Banquet and Awards on Thursday, March 10, 2016.

HIGHWAY SUPERINTENDENT BIGELOW
Councilman Schaeffer made a resolution to authorize the highway superintendent to declare four dump truck front bumpers, two metal with plastic coating picnic tables, assorted playground equipment, one Homelite 2” trash pump, and one front bumper for a pick-up truck as surplus and no longer required for municipal purposes. The highway superintendent has authorization to dispose of these items at the Gerry Auction. The motion was seconded by Councilwoman Eckman and carried.

DULY Moved by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:15 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

February 10, 2016 Town Board Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 10, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                         Supervisor Donald Steger
PRESENT:       Town Clerk Allison Dispense
                         Town Counsel Jeffrey Passafaro
                       Highway Superintendent Daniel Bigelow

COUNCILPERSONS:
                                 Christopher Schaeffer
                                 John Sedota

ABSENT:               Ann Eckman
                              Brett Christy

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the January 13, 2016 Town Board Meeting. The motion was seconded by Councilman Schaeffer 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 # 2.  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-ABSENT

General Fund                          $21,278.12
General Fund PT                    $291.77
Highway Fund PT                   $34,599.24
Berry Water District              $7,399.76
Chestnut Water District         $1,868.85
North End Water District       $27,089.50
Van Buren Water District      $3,743.74
Lily Dale Sewer District        $1,898.18
Sewer District 1                      $2,326.92
Sewer District 2                      $1,240.42
Pomfret Fire Protection         $327,250.00  

DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to approve the following budget modification.

GENERAL FUND TOWNWIDE
Modify 2016 adopted budget by Increasing Revenue Account A3088-State Aid Court JCAP Grant by $4,651 and Increasing Expenditure Account A1110.2 Court Equipment by $4,651.
To adjust for 2016 JCAP grant funds received over original estimate

TOWN CLERK REPORTS
Pomfret Town Justices reports for January 2016 are as follows:
                        Justice Pulci Total Cases: 203
                        Total Fines & Surcharges: $19,916.00

                        Justice Dietzen Total Cases: 143
                        Total Fine & Surcharges: $12,686.50

Town Historian, Todd Langworthy, provided a monthly report for the month of February. It is on file in the clerk’s office.

Supervisor Steger made a motion to approve the Town Clerk to attend the annual NYS Town Clerk’s Association Conference, April 17-20, in Saratoga, New York with reasonable costs to the town. The motion was seconded by Councilman Schaeffer and carried.

 SUPERVISOR STEGER
Supervisor Steger made a motion to appoint Alan Shaw, 9502 Seymour Rd, Fredonia, to the Board of Assessment Review with the term expiring on September 30, 2017. The motion was seconded by Councilman Sedota and carried.

Supervisor Steger made a resolution to accept and approve the Pomfret Justice’s Court cash books for the year 2015 as presented to the Town Board.  Councilman Schaeffer seconded the motion.

Mr. Steger was very pleased about the very legally presentation of the books. The motion was passed unanimously by a roll call vote.
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE

Supervisor Steger made a motion to approve the request from Evie Sievert to spend $100.00 from the Laona Playground Parks and Recreation line of the budget for the Easter Parade to be held on March 26, 2016 at 10:00A.M. The motion was seconded by Councilman Schaeffer and carried.

The Supervisor received correspondence from Chautauqua County about the foreclosures on the tax lien in the town. This information is on file in the clerk’s office.

COUNCILMAN SEDOTA
Councilman Sedota went on the record to respond to the opinion published in the OBSERVER. The tax increase for the 2016 year, was not to buy brand new equipment. The increase in the highway budget was start a fund to help replace old equipment.

The Town was notified by Marcy McQuiggan who applied for their liquor license in November 2015, for The White Horse Restaurant, has rescinded their application.

The Code Enforcement Officer has received his certificate of attendance for the conference he attended in January.

COUNCILMAN SCHAEFFER

Councilman Schaeffer made a motion to approve the additional recommended hires for the winter recreation department, the motion was seconded by Councilman Sedota and carried.

Name                      Address                                         Rate
Robert Dando III   2230 Weaver Rd, Forestville        Min.Wage
Andrew Sissem    6343 Ellicot Rd, Portland               Min. Wage

*These hires are supplemental hires used to cover unavailability of previously hired staff and will not cause an increase in the budget line.

HIGHWAY SUPERINTENDENT BIGELOW
Supervisor Steger made a motion to approve the attendance of the Highway Superintendent at ‘Advocacy Day’ in Albany, New York, on March 8-9, 2016. The motion was seconded by Councilman Sedota and carried.

Supervisor Steger made a motion to authorize the purchase, on Chautauqua County bid, for a 2016 Ford F250 for a cost of $28,978.02, minus the trade in for the 2015 Ford F250 of $27,577.00, yielding a net cost of $1,401.00. The motion was seconded by Councilman Schaeffer and carried.

Supervisor Steger made a motion to authorize the Highway Superintendent to participate in the Erie Chautauqua BOCES internship program for class, education credit only, not compensation, subject to insurances and highway superintended being satisfied in terms of the internship. The motion was seconded by Councilman Schaeffer and carried.

Councilman Schaeffer made a motion to authorize the Town Supervisor to contact and discuss with Mr. Tom Becker of USDA(RDA) to initiate the process of filing for a community facility program loan/grant application for vehicles for the highway department. The motion was seconded by Councilman Sedota and carried.

TOWN ATTORNEY JEFFRERY PASSAFARO

The Town is waiting on the lease agreement from UPSTATE TOWER.


DULY Moved by Supervisor Steger, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:37 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

January 13, 2016 Town Board Minutes



REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. January 13, 2016, at the Town Building, 9 Day Street, Fredonia, New York.

                                                Supervisor Donald Steger
PRESENT:                              Town Clerk Allison Dispense
                                                Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Daniel Bigelow

COUNCILPERSONS:             Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy
                                                John Sedota

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Councilwoman Eckman to accept the minutes of the December 9, 2015 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.

DULY MOVED by Supervisor Steger to accept the minutes of the January 5, 2016 Organizational Meeting Minutes. The motion was seconded by Councilman Sedota and carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 13.  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                          $7416.76
General Fund PT                    $970.61
Highway Fund                        $4014.96
Highway Fund PT                   $15,856.82
Berry Water District              $55.74
Chestnut Water District         $33.00
North End Water District       $2,430.52
Rt. 20 Water District              $182.03
Rt. 20 Sewer District              $377.98
Lakeview Sewer District        $262.56
Lily Dale Sewer District        $2,483.61      

DULY MOVED by Supervisor Steger and seconded by Councilman to approve the payment of bills as presented by the Town Clerk on Abstract # 1.  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                          $14,326.41
General Fund PT                    $17,880.00
Highway Fund PT                   $12,892.74
North End Water District       $12,634.77
Van Buren Water District      $10,130.61    
Lily Dale Sewer District        $2,864.58
Capital Projects                      $3,190.00      

TOWN CLERK REPORTS
Pomfret Town Justices reports for December 2015 are as follows:
                        Justice Pulci Total Cases: 240
                        Total Fines & Surcharges: $17,167.00

                        Justice Prince Total Cases: 150
                        Total Fine & Surcharges: $15,609.00

The Pomfret Justice Court provided the summary of cases for 2015 for both justices.

Code Enforcement Officer, Warren Kelly, provided an annual report for all permits issued in 2015. A total of 98 permits with a total of $9,573.42 collected in fees.

Town Historian, Todd Langworthy, provided an annual report for 2015.

Forest Hill Cemetery presented the annual 2015 report. A total of $34,318.00 was collected between burials, cremated remains burials, lot sales, pre-payments for openings, and foundations installed.

Michaelene Comerford, Pomfret Cemetery Sexton, presented an annual report for 2015. The report is on file in the clerk’s office.

The Fredonia Fire Department month of November 2015 report is on file in the Clerk’s office. A total of 162 calls reported, with 27 being within the Town of Pomfret.

Southern Tier West is holding a workshop at its Salamanca BOCES Center, February 3, 2016. The name of the workshop is “Power & Duties for Local Officials”. It is intended for all newly-elected and incumbent officials.

The Solar Chautauqua Group sent the Town a card thanking them for their support.

AUDIENCER CONCERNS
Mary Croxton, Solar Chautauqua, presented the board a brief update and presentation on the Solar Chautauqua Project. Solar Chautauqua has received a $2,000.00 grant from Fresh Water. They are waiting to hear whether they will receive any more grants to help fund this project. There will be an informational presentation on March 19, 2016 at noon, located at the JCC North Campus Training Facility. All are welcome to attend.

 SUPERVISOR STEGER
No letters of interest have been submitted for the vacancy on the Board of Assessment Review. Mr. Steger has asked the board to reach out to personal contacts in trying to fill the vacancy.

Mr. Steger has received both justice’s accounting books. He will perform the audit and report back to the board at the February meeting.

The Wind Tower Lease agreement is in its final stages. The town is waiting for the Final Letter of Commitment.

COUNCILMAN CHRISTY
Mr. Christy thanked Dan Bigelow and the highway department for their hard work.

COUNCILWOMAN ECKMAN
The Town Board received correspondence from Anne Fearman, Professor at SUNY Fredonia. Ms. Fearman gave notification that her class will be on the premises of the Forest Hill Cemetery on May 4, 2016. The board stated the group must respect the grounds and leave them the way they were found.

Councilwoman Eckman made a motion to approve the recommended hires for the winter recreation department, the motion was seconded by Councilman Christy and carried.

Name                    Address                                   Rate
*Stephen Dando  8631 Fredonia-Stockton Rd. $11.00 / Hour
Dakota Gardner  9 Georges Pl., Fredonia         Minimum Wage
Ryan Fisk           11 Hillcrest Drive, Fredonia     Minimum Wage
Roger DeJesus  177 W. Main St., Fredonia      Minimum Wage
Jakob Kelly        314 E. Main St. Fredonia        Minimum Wage
Steven Kelly       314 E. Main St. Fredonia       Minimum Wage

*Youth Wrestling Coordinator

HIGHWAY SUPERINTENDENT BIGELOW
The Forest Hill Cemetery Sexton, Ann Renckens, has taken a full time position. She is still willing to serve as Pomfret Sexton. Her hours will be during the evening, not to exceed 15 hours a week.

Mr. Bigelow stated there were to water leaks in the Van Buren area. One of the leaks was fixed by the highway department, the other was contracted out by
S. St. George Enterprises.

DULY Moved by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 6:56  P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

January 5, 2016 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 5, 2016

Present:       Town Supervisor Donald Steger
                      Town Clerk Allison Dispense
                      Highway Superintendent Daniel Bigelow

Councilpersons:        Brett Christy
                                    Ann Eckman
                                    Christopher Schaeffer
                                    John Sedota
                                   

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                          $ 9,000
Councilperson                         (4)       $ 4,500 (each)
Town Justices                         (2)       $14,915(each)
Town Clerk                                         $36,606
Highway Superintendent                    $58,938

DULY MOVED by Supervisor Steger, seconded by Councilman Sedota 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 Michaelene Comerford to serve
on the Board of Assessment Review with the term expiring as listed below:

Harry Centner                         9/30/2016
                                                9/30/2017
Kirk Hutchinson                     9/30/2018
Roger Renswick                     9/30/2019
Michaelene Comerford          9/30/2020

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

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

APPOINT DEPUTY TOWN CLERK 
Town Clerk Dispense appoints EvaDawn Bashaw and Sharon Schwertfager as Deputy Town Clerks.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman 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.

APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:
Kevin Muldowney – Assessor     $35,373.00 per year
Kathy Ludemann-Assessor Clerk   $15.00 per hour
Board of Assessment Review         $10.00 per hour
Warren Kelly-Code/Inspection Officer                 $11,660.00 per year
Warren Kelly-Fire Inspector           $3,340.00 per year
James DeJoe-Zoning Officer         $7,114.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Boards $12.48 per hour

Miriam Washington-Court Clerk  $13.32 per hour
Susan Graves- Court Clerk         $15.42 per hour
William Valentine- Court Officer  $14.39 per hour
Wendy Kendall Miller-Court Officer $13.93 per hour
Thomas Fisher-Court Officer           $14.39 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       $12.48 per hour
Sharon Schwertfager- Deputy Town Clerk  $11.64 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
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract  $15,000.00 per year
Bahgat & Laurito-Bahgat-Insurance Administrator             $2,000.00 per year

Ann Renckens-Forest Hill Cemetery Records Keeper $12.24 per hour
Michaelene Comerford-Cemetery Records Keeper $5,456.00 per year
Daniel Bigelow-Cemetery Maintenance Supervisor $2,800.00 per year

Charles White(Includes $.50/Hr. for Dep. Highway Supt.)   $ 27.00 per hour
Richard McCloskey                                                                $26.32per hour
Dennis Maslak                                                                        $25.73 per hour
Loren Laurito                                                                            $24.29 per hour
Jude Gardner                                                                          $23.85 per hour
Jeff O’Brien                                                                            $20.63 per hour
David Dunlop                                                                         $20.58 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    $6,600.00 per year
Douglas Bunge-Assistant 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 Councilwoman Eckman 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 out, 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                                                                                             Birthday (Floating day with proper notification and approved by Highway
Superintendent for Highway employees.)
Labor Day

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 Town
Board.  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 Councilman Schaeffer 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 Councilwoman Eckman and carried.

TOWN DEPOSITORIES
Approve M&T Bank, Community Bank, MBIA CLASS Cooperative and Bank of
America are designated as Town depositories.

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

OFFICIAL NEWSPAPER AND POSTING LOCATIONS
The Observer is designated as the official newspaper for the Town.
Pomfret Town Hall as posting location for notices as required by law.

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

MILEAGE REIMBURSEMENT
The mileage reimbursement is set at $ .55 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 2016, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Travis Eckstrom to serve on the Town Planning
Board with the term expiring the second Wednesday in January of the year listed below:

MEMBERS                 YEAR
Janet Szymanski         2017
Daniel Pacos               2018
James Joy-Chairman  2019
Robert Smith              2020
Travis Eckstrom         2021

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman 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 2016, with each term expiring the second Wednesday in January of the
year listed below and the re-appointment of Ruth Eckstrom to serve on the Zoning Board of
Appeals with their terms expiring the second Wednesday in January of the year listed below:

MEMBERS                             YEAR
Samuel Allesi-Chairman        2017
Michaelene Comerford          2017
Nancy Jankowski-Kubera      2018
David Fridmann                     2019
Ray Lewandowski                  2020
Ruth Eckstrom                        2021

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, 2016.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer 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 Sedota 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 meeting of the Pomfret Town Board will 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 2016.

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

CEMETERY FEES
Approve the following Forest Hill and Town of Pomfret Cemetery fees as follows:

FOREST HILL CEMETERY & 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
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 Schaeffer 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, that 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 Councilwoman Eckman and carried.

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Supervisor Steger as Chairperson of the Lily Dale Sewer District for the year
2016 at a pay rate of $600.00 and that Councilman Christy is appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman 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 2016 at a rate of $500.00 for the year.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman 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 Councilwoman Eckman, seconded by Councilman Christy 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)

Motion to adjourn the meeting by Councilwoman Eckman, seconded by Councilman Sedota and carried.
Time: 11:25A.M.

Respectfully Submitted,
Allison Dispense
Town Clerk


 

December 9, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. December 09, 2015 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                         Supervisor Donald Steger
PRESENT:                       Town Clerk Allison Dispense
                                         Highway Superintendent Daniel Bigelow
                                         Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:          
                                        Christopher Schaeffer
                                        Brett Christy
                                        Ann Eckman 

ABSENT:                       Scott Johnston
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the November 11, 2015 Town Board Meeting. The motion was seconded by Councilman Schaeffer and the motion 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 # 12.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide           $8,709.41
General Fund Part Town             $628.90
Highway Fund Town Wide         $42.75
Highway Fund Part Town          $9,566.70
Berry Road Water District          $10,412.00
Chestnut Road Water District      $2,560.24
North End Water District            $32,431.10
Rt.20 Water District                    $213.85
Rt. 60 Water District                  $16,536.47
VB Water District                       $90.96
Sewer 1                                        $3,108.31
Sewer 2                                        $1,481.75
Lakeview Sewer                          $225.24
Lily Dale Sewer District              $605.86
Capital Projects                           $7,275.96

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the following budget transfers. The motion carried.

GENERAL FUND TOWNWIDE
$1,000 FROM A1355.4 Assessor Contractual
            TO       A1650.4 Central Communications Contractual

$1,100 FROM A5010.5 Highways Supt. Contractual
            TO       A5132.4 Garage Equipment

$5,000 FROM A1990.4 Contingent Account
            TO       A5132.4 Garage Equipment

$1,200 FROM A7620.4 Adult Recreation Contractual
            TO       A7620.41 Adult Recreation Exercise

$2,000 FROM A8810.1 Cemetery Personal Services
            TO       A8810.12 Cemetery Personal Services-Seasonal

$3,000 FROM A8810.4 Cemetery Contractual
            TO       A8810.12 Cemetery Personal Services-Seasonal

$300    FROM A1910.4 Special Items Unallocated Insurance
TO       A9055.8 Employee Benefits Disability


$700    FROM A1910.4 Special Items Unallocated Insurance
            TO       A9060.8 Employee Benefits Hospital & Medical

$800    FROM A1910.4 Special Items Unallocated Insurance
            TO       A9060.81 Employee Benefits Dental Ins.

$1,732 FROM A1910.4 Special Items Unallocated Insurance
            TO       A9030.8 Employee Benefits Social Security

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the following budget transfers. The motion carried.

GENERAL FUND OUTSIDE VILLAGE
$400    FROM B3620.2 Safety Inspection Equipment
            TO       B3620.4 Safety Inspection Contractual

$400    FROM B3625.2 Fire Inspection Equipment
            TO       B3625.4 Fire Inspection Contractual

HIGHWAY FUND OUTSIDE VILLAGE
$10,000 FROM DB5110.4 General Repairs Contractual
              TO       DB5130.4 Machinery Contractual

$5,000 FROM DB5110.4 General Repairs Contractual
            TO       DB5142.4 Snow Removal Contractual

$500    FROM DB5110.4 General Repairs Contractual
            TO       DB9055.8 Employee Benefits Disability

$1,000 FROM DB5110.4 General Repairs Contractual
            TO       DB9060.8 Employee Benefits Hospital & Medical

$1,000 FROM DB5110.4 General Repairs Contractual
            TO       DB9060.81 Employee Benefits Dental Ins.

TOWN CLERK REPORTS
Pomfret Town Justices reports for November 2015 are as follows:
                        Justice Pulci Total Cases: 234
                        Total Fines & Surcharges: $18,596.50

                        Justice Prince Total Cases: 243
                        Total Fine & Surcharges: $24,726.00

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Fredonia Fire Department October 2015 monthly report is on file in the Clerk’s Office. There were a total of 214 calls with 36 being within the Town.

The Town of Pomfret has been notified the ‘White Horse Inn’ located in the Town of Pomfret has been sold. The new owners have notified the Town of their application to apply for a liquor license.

The Town of Pomfret has been quoted by DFT for a Brother MFC-J450DW Inkjet Color Printer, Microsoft Office 2016, Lenovo Desktop computer with an Acer 21.5 inch monitor for the Forest Hill Cemetery. This quote totals $919.96.

The Town of Pomfret has been quoted by Eagle Systems of Jamestown and also Comdoc for a new printer in town hall. Eagle Systems quotes were for an e-studio 257 copier for $3,541 with a maintenance and supply cost for $425.00 per year. An e-studio 2555c copier for $5,256 which includes the maintenance and supply agreement.

SUPERVISOR STEGER
Councilman Schaeffer made a motion, seconded by Councilman Christy and carried unanimously by a roll call vote:
            WHEREAS, the Town of Pomfret has been approached by Up State Tower Co., LLC proposing a lease of premises owned by the Town of Pomfret at 9654 Chautauqua Road of an area approximately 50 x 50, together with access easement for ingress and egress, for the purpose of installing and erecting a wireless telecommunications tower and electronics shed, together with necessary wires and cables to support one or more antenna arrays for the purpose of providing wireless communication, and

     WHEREAS, the Town Board and the proposed lessee have negotiated the terms of a lease agreement for said premises with an initial term of five years, together with five additional five year renewal terms, and

    WHEREAS, the lease agreement shall not become effective unless and until the lessee has a signed agreement with a wireless telecommunication carrier as defined under Federal law, and received all necessary land use permits for the telecommunications tower and appurtenances, and

    WHEREAS, the Town Board has determined that the premises to be leased are not currently used for Town purposes, and that the lease does not prohibit or restrict the use of the remaining land, of which the premises are a part, from being used for municipal Town purposes,

    NOW THEREFORE RESOLVED, that the Town Board of the Town of Pomfret does hereby authorize the entry into a land lease agreement with Up State Tower Co., LLC for the purposes of siting a wireless telecommunication tower with antenna array and appurtenances thereto, and it is further

   RESOLVED, that the Supervisor of the Town of Pomfret is hereby authorized to execute the lease agreement after final review by the Town Supervisor and Town Attorney, and it is further

   RESOLVED, that the adoption of this resolution is subject to permissive referendum as provided by law, and the Town Clerk is hereby directed to post and publish notice of adoption pursuant to statute.
 Supervisor Steger made a motion to approve the following resolution:
 WHEREAS, the Town Board of the Town of Pomfret has been advised that the Board may adopt a policy removing the fee imposed with a second tax notice sent out in March of each year by the Town Tax Collector collecting County and Town taxes, and

WHEREAS, the Tax Collector has recommended that the Town of Pomfret adopt a policy eliminating the fee imposed with the second tax notice to those tax payers who have yet to pay their Town and County tax bills,

NOW, THEREFORE BE IT RESOLVED, that the Town of Pomfret does hereby adopt this Resolution in declaring it the policy of the Town of Pomfret and its Tax Collector to eliminate the Two Dollar ($2.00) tax fee imposed with the mailing of the delinquent tax notice send out in March of each year to taxpayers have yet to pay their Town and County Tax bill, and be it further

RESOLVED, that this Resolution take effect with the collection of the 2016 Town and County Tax bills.

The motion was seconded by Councilwoman Eckman and carried.

Supervisor Steger made a motion to schedule an organizational meeting for January 05, 2016 at 11:00a.m. at Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried.

Councilman Christy made a motion to approve the following resolution, seconded by Councilwoman Eckman and carried unanimously by roll call vote:
WHEREAS, request has been made to the Highway Superintendent of the Town of Pomfret by Seneca Resources Corporation of Pennsylvania to enter into a heavy-hauling permit agreement for the use of .6 miles of Straight Road in the Town of Pomfret from New York State Route 60 to the Town Line of the Town of Arkwright for overweight trucks, and

 WHEREAS, the Highway Superintendent has reviewed the proposed work and use of the Town right of way on Straight Road with vehicles exceeding the posted weight limit currently in effect, and

 WHEREAS, the applicant will post a bond in the amount of Twelve Thousand Five Hundred ($12,500) Dollars to cover damages, if any, to the road by use of its overweight vehicles and equipment, and

  WHEREAS, the Highway Superintendent has declared himself satisfied with the terms of the agreement, the bond, and has recommended approval of the agreement to the Town Board of the Town of Pomfret,

 RESOLVED, that the Town of Pomfret Town Board hereby authorizes the entry into a heavy hauling permit agreement with Seneca Resources Corporation for the use of Straight Road in the Town of Pomfret from New York State Route 60 to the town line with Town of Arkwright, approximately .6 miles, for use by heavy equipment vehicles exceeding the current posted weight limits, and it is further

RESOLVED, that the Supervisor of the Town of Pomfret and its Highway Superintendent are hereby authorized to execute the heavy hauling permit agreement, provided that such an agreement authorizes the Highway Superintendent to order the suspension of the agreement if, in his opinion, such a suspension is necessary for the safety of persons, vehicles, or the integrity of the road itself; and upon receipt by the Town of Pomfret of a bond in the amount of Twelve Thousand Five Hundred ($12,500) Dollars furnished by the applicant running in favor of the Town of Pomfret in connection with the heavy hauling permit agreement.

 Councilman Schaeffer made a motion to authorize the Town Supervisor to pay any outstanding bills for the year 2015. The motion was seconded by Councilman Christy and carried.

Councilman Schaeffer made the motion to authorize the Supervisor to enter a one year agreement for 2016 with Catherine Pratt for the fitness instructor in the amount of $35.00 per session. This amount is not to exceed $3,600.00. The motion was seconded by Councilwoman Eckman and carried.

Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Mary E. Seymour Library in the amount of $2,000.00 for the year 2016. The motion was seconded by Councilman Christy and carried.

Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Darwin Barker Library for 2016 in the amount of $68,000.00 to be paid in four quarterly payments. The motion was seconded by Councilman Schaeffer and carried.

Councilman Christy made the motion authorizing the Supervisor to enter into an agreement with the Cassadaga Lakes Association for 2016 in the amount of $2,000.00 for weed removal. The motion was seconded by Councilwoman Eckman and carried.

Councilman Christy made the motion authorizing the Supervisor to enter into an agreement with the Forest Lodge #166 in the amount of $6,600.00 for rent for the year of 2016. The motion was seconded by Councilman Schaeffer and carried.

Councilwoman Eckman made a motion to authorize the Town Supervisor to enter into an agreement with Eagle Systems to purchase an E-2555c color copier/printer/scanner/fax at New York State Contract #P66615 pricing for $5,256. The motion was seconded by Councilman Schaeffer and carried.

The Town Board approved the following resolution by a motion of Supervisor Steger, seconded by Councilman Christy and carried.

WHEREAS, a reliable transportation infrastructure is vital for the safety of New York’s travelling public and its economy; and

WHEREAS, 85 percent of New York’s roads and bridges are maintained by local governments; and

WHEREAS, despite well-timed and targeted preventative maintenance treatments, the age and condition of many of our locally-owned transportation assets means that they are beyond preservation and in need of much more costly rehabilitation and reconstruction; and

WHEREAS, estimates by the State Comptroller, DOT and independent studies show a large portion of road mileage is deteriorating and many bridges in the state are rated structurally deficient and functionally obsolete; and

WHEREAS, the State Comptroller estimates that there will be $89 million in unmet local infrastructure needs over the next 20 years; and

WHEREAS, the New York State Association of Town Superintendents of Highways commissioned its own fifteen year analysis that indicates an annual funding gap of $1.3billion for the local system (excluding NYC) alone; and

WHEREAS, funding for our local system has been far short of what is needed and we’ve fallen further and further behind in maintaining the vast and again transportation infrastructure over this long period with severe consequences for conditions ratings; and

WHEREAS, the New York State Consolidated Local Street and Highway Program (CHIPS) provides essential funding for every municipality in the state and is part of the New York State Department of Transportation (NYSDOT) capital program; and

WHEREAS, in the early 1990’s the Governor and Legislature created the Dedicated Highway and Bridge Trust Fund (DHBTF) to pay for the NYSDOT capital program and the Dedicated Mass Transit Trust Fund (DMTTF) to assist with the Metropolitan Transportation Authority (MTA) and other transit systems’ capital programs; and

WHEREAS, when the DHBTF was created, it was agreed that the NYSDOT and MTA five-year capital programs would be similar in size and would be negotiated concurrently; and
WHEREAS, though 2005-09, both five-year capital programs were similar in size and adopted within months of each other; and

WHEREAS, in 2010 the Executive and Legislature broke traditional parity and enacted a five-year capital program for the MTA but not the DOT; and

NOW THEREFORE BE IT RESOLVED, that the Town of Pomfret calls upon the Governor and the state Legislature to make additional state funding and resources available at levels that accurately reflect the critical needs of local roads and bridges; and increase CHIPS funding in the 2016-17 state budget; and

BE IT FURTHER RESOLVED, that the Town of Pomfret calls upon the Governor, and members of the state Legislature to fully fund and submit a new NYSDOT five-year transportation capital plan; and

BE IT FURTHER RESOLVED, the Town of Pomfret calls upon the Governor and members of the state Legislature to recognize the equality of roads, bridges and transit by restoring funding equality between the MTA and NYSDOT five-year programs and by voting on the plans simultaneously.

The Town of Pomfret has a vacancy on the Board of Assessment Review. Any interested residents are to submit a letter to the Town Board which can be given to the Town Clerk.

The Supervisor has received correspondence from Patrick Heaton, Environmental Design & Research, informing the town of a visual field work study that will take place with four helium-filled balloons in the general locations of proposed wind turbines in Cassadaga and Arkwright. The balloons will be raised approximately 500 feet of the proposed turbines and will serve as to approximate the potential visibility of the projects.

Supervisor Steger received correspondence from the League of Women Voters informing any interested persons to attend a luncheon on Wednesday, January 13, 2016 at the White Inn in Fredonia for the discussion of opposing the transport of Bakken shale crude oil traveling thru the upstate New York railroads.

Supervisor Steger informed the board there will be repairs being made to the Lily Dale Wastewater Treatment plant during the off season.

COUNCILMAN CHRISTY
Councilman Christy reported to the board that all street lights on Porter Road are paid for by the town.

A request was submitted to put a light at the intersection of Rt. 20 and Lamberton Rd. Mr. Christy has asked Highway Superintendent Bigelow to look into the necessity of it and report back to the board at the January Meeting.

Councilman Christy went on the record to thank Justice David Prince for his 25+ years of service for the Town of Pomfret. He stated what he has done for the Town is very much appreciated.

COUNCILWOMAN ECKMAN
Councilwoman Eckman went on the record to thank Councilman Johnston, who was absent, for his four years of service to the Pomfret Town Board.

DULY Moved by Councilman Schaeffer, seconded by Councilwoman Eckman to adjourn the Regular Town Board meeting at 7:27P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

November 11,2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. November 11, 2015 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                          Supervisor Donald Steger
PRESENT:        Town Clerk Allison Dispense
                          Highway Superintendent Daniel Bigelow
                          Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:          
                                     Christopher Schaeffer
                                      Brett Christy
                                      Scott Johnston

ABSENT:                     Ann Eckman 
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the October 14, 2014 Town Board Meeting. The motion was seconded by Councilman Johnston and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Johnston to accept the minutes of the November 4, 2015 Public Hearings on the 2% Tax Cap Local Law, 2016 Budget, Lily Dale Fire Contract, and the Pomfret Fire Protection contract. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy to accept the minutes of the November 4, 2015 special meeting minutes. The motion 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 # 11.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilman Johnston-AYE

General Fund Town Wide           $8,360.07
General Fund Part Town             $24,342.14
Highway Fund Town Wide         $959.80
Highway Fund Part Town          $38,006.39
Berry Road Water District          $420.16
Chestnut Road Water District      $33.00
North End Water District            $339.12
Lily Dale Sewer District              $2,067.83
Capital Projects                           $487.35

TOWN CLERK REPORTS
Pomfret Town Justices reports for September 2015 are as follows:
                        Justice Pulci Total Cases: 200
                        Total Fines & Surcharges: $17,271.00

                        Justice Prince Total Cases: 225
                        Total Fine & Surcharges: $19,771.00
The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Fredonia Fire Department August 2015 report is on file in the clerk’s office. There were a total of 147 calls, with 27 being within the Town of Pomfret.

The Fredonia Fire Department September 2015 report is on file in the clerk’s office. There were a total of 190 calls with 30 being within the Town of Pomfret.

The Town of Pomfret received a card from the Fredonia Food Challenge thanking the Town for the support in the challenge that took place in October.

The Chautauqua County Municipal Clerk’s will be sending donations to the troops overseas during the holiday season. Any donation can be dropped off to the Town Clerk’s office until November 17, 2015. These items will be packaged and shipped thru the Blue Star Mother’s Group of Chautauqua County.

AUDIENCE CONCERNS
Councilman Christy made a motion to approve Cheryl Tabone to hold her fourth annual ‘Cold Turkey Race’ on Thanksgiving morning at 9:00A.M. She provided proof of insurance and also the route for the race. The motion was seconded by Councilman Johnston and the motion carried.

Jeffrey Sternisha, Pomfret resident, addressed the board stating his disapproval of the 2016 budget. He asked the board to please visit the budget again before approving. Councilman Christy explained to Mr. Sternisha the budget process, and the vision that the board has going forward.

SUPERVISOR STEGER
The Town of Pomfret has a vacancy on the Board of Assessment Review. Any residents interested shall write a letter addressed to the Town Board and can be given to the Town Clerk.

Councilman Christy made a motion , seconded by Councilman Schaeffer to adopt the following resolution,

WHEREAS, there have been extensive discussions by and among the Town of Pomfret, the County of Chautauqua, the Towns of Portland, Sheridan, Dunkirk and Village of Brocton regarding the establishment of a North Chautauqua County Water District, and

WHEREAS, the County of Chautauqua is reluctant to form a North Chautauqua County Water District unless and until the constituent Towns and Villages have agreed upon a water purchase supply contract, and

WHEREAS, the County of Chautauqua and the constituent Towns and Villages have settled on the City of Dunkirk as a seller of water to the proposed North Chautauqua County Water District, and

WHEREAS, the Town Board of the Town of Pomfret has previously approved in general, the concept of the creation of a North Chautauqua County Water District which would include the Town of Pomfret, but recognize that the Town of Pomfret has existing water districts with water supply contracts with the Village of Fredonia, which is not a constituent municipality of the North Chautauqua County Water District, which contracts are left undisturbed, and

WHEREAS, the Town Board believes it is in the best long-term interests of the Town of Pomfret and that part of the Town of Pomfret purchasing water from the City of Dunkirk to enter into Water Purchase Supply Agreement for the North Chautauqua County Water District,

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby approve the Water Purchase Supply Agreement by and between North Chautauqua County Water District as purchaser, and City of Dunkirk as supplier, and hereby authorizes the Supervisor of the Town of Pomfret to execute the Agreement on behalf of the Town, and it is further

RESOLVED, that the Town of Pomfret notify the County of Chautauqua and the other constituent municipalities included in the North Chautauqua County Water District of this resolution.
The resolution was approved unanimously.

A motion made by Councilman Christy seconded by Councilman Schaeffer to adopt the preliminary 2016 budget. This budget reflects a Town wide Rate 3.9469841. Additional Outside Village rate of 4.6227794 and Total Outside Village rate of 8.5697635, increase of 3.02.
Roll Call:
Councilman Christy-AYE
Councilman Schaeffer-AYE
Councilman Johnston-AYE
Supervisor Steger-NO
The motion carried to adopt the 2016 Preliminary Budget.

COUNCILMAN SCHAEFFER
Mr. Schaeffer has been in contact with the Johnston Controls company that is willing to do a utility/energy audit for the Town including the garage and town hall. Mr. Schaeffer was advised to get a proposal from the company detailing the work and to report to the board at the December 9, 2015 meeting.

COUNCILMAN CHRISTY
Councilman Christy thanked Councilman Johnston for his service to the Town of Pomfret as a board member. He hopes Mr. Johnston has much continued success.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow gave the board a quote on the cost of a new fire hydrant of $2,347.83.

DULY Moved by Supervisor Steger seconded by Councilman Johnston to adjourn the Regular Town Board meeting at 7:27 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

November 4, 2015 Special Meeting of the Town Board

SPECIAL MEETING of the Town Board of the Town of Pomfret held November 4, 2015 at 6:00 P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow

                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman
                        Councilman Scott Johnston
                        Councilman Brett Christy
                    
 Supervisor Donald Steger, called the meeting to order with the pledge of allegiance.

Town Clerk, Allison Dispense, produced posting and publishing of the special meeting.

SUPERVISOR STEGER
Councilwoman Eckman made a motion to authorize Supervisor Steger to write a letter of support to Diane Hofner, SCC Project Manager, for the “Solarize Chautauqua” campaign. The motion was seconded by Councilman Schaeffer.
Roll Call:
Councilwoman Eckman-Aye
Councilman Schaeffer-Aye
Councilman Christy-Abstained
Councilman Johnston-Aye
Supervisor Steger-Aye
The motion carried.

A motion made by Supervisor Steger, seconded by Councilman Schaeffer to approve the 2016 Lily Dale Fire Contract at the amount of 30,008.00.00. The motion was carried unanimously by a roll call vote.

A motion made by Supervisor Steger, seconded by Councilwoman Eckman to approve the Pomfret Fire Protection District with the Village of Fredonia, and the Fredonia Fire Department. The contract is for a period of three years to commence January 1, 2016 to December 31, 2018. The Town shall pay the sum of $385,000.00 in 2016, $396,550.00 in 2017, and $408,446.00 in 2018. The motion carried unanimously by a roll call vote.

Councilman Schaeffer made a motion to pass the 2% tax cap override law for the 2016 Budget year. The motion was seconded by Councilman Christy, then withdrawn. With no seconded, the motion did not pass.

Supervisor Steger made a motion to amend the 2016 Preliminary Budget by reducing the North End Water District line by $3,225.00 levy and increasing the Highway Part-Town tax levy by $3,225.00, therefore resulting in an outside the village rate increase of $1.39, equating to a total tax rate of $6.94. The motion was seconded by Councilman Johnston.
Roll Call:
Supervisor Steger-Aye
Councilman Johnston-Aye
Councilman Christy-Aye
Councilwoman Eckman-Aye
Councilman Schaeffer-Aye
The motion carried.

Councilman Schaeffer made a motion to amend the 2016 Preliminary Budget by increasing the highway outside budget lines. The increases are as follows: DB5130.4 to $74,000.00, DB5142.4 to $70,000.00, and DB9950.9 to $130,000.00
With no second on the motion, the motion did not pass.

Councilman Christy made a motion to amend the 2016 Preliminary Budget by increasing the highway outside budget lines. The increases are as follows:
DB5130.4 to $64,000.00, DB5142.4 to $68,000.00 and DB9950.9 to $50,000.00.
The amended rate of $8.60 outside the village, an increase of $3.02.
The motion was seconded by Councilwoman Eckman.
Roll call:
Councilman Christy-Aye
Councilwoman Eckman-Aye
Councilman Schaeffer-Aye
Councilman Johnston-No
Supervisor Steger-No
The motion passed.

Councilman Christy made a motion to adopt Local Law for the year 2015 permitting the Town of Board of the Town of Pomfret to adopt a budget for the year 2016 which exceeds the 2% tax cap amount as stated by the New York State Comptroller’s office. Seconded by Supervisor Steger and passed unanimously by a roll call vote.

 DULY MOVED by Councilwoman Eckman seconded by Councilman Schaeffer   to adjourn the meeting. The motion carried. Time 6:34 P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk
Town of Pomfret
 

NOvember 4, 2015 Public Hearing-Local Law-2% Tax Cap

PUBLIC HEARING of the Town Council of the Town of Pomfret held November 04, 2015 5:30 P.M. at the Town Building, 9-Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Counsel Jeffrey Passafaro
                        Highway Superintendent Dan Bigelow

                        COUNCILMEN/COUNCILWOMAN
                        Christopher Schaeffer
                        Brett Christy
                        Ann Eckman
                        Scott Johnston

Town Clerk Dispense produced the proof of posting and publication of the Public Hearing.

Supervisor Steger opened the hearing being held to consider a Local Law to override the tax levy limit established in General Municipal Law 3-c.

Section One – Purpose: It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2016 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

Section Two – Authority: This Local Law is adopted pursuant to subdivision five of General Municipal Law, Section 3-c, which authorizes the Town Board to override the tax levy limit set forth in the statute by adoption of a local law approved by a vote of sixty (60%) percent of the Town Board, adopted prior to the adoption of the budget by the Town Board.

Section Three – Override:  The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2016 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

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 – Effective Date: This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

PUBLIC COMMENT-NONE

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to close the Public Hearing.  The motion was carried.

Respectfully Submitted,
Allison Dispense, Town Clerk
 

November 4, 2015 Public Hearing- 2016 Budget

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, November 4, 2015 at 5:40 P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                        Town Attorney Jeffrey Passafaro

                        Councilman Christopher Schaeffer
                        Councilman Scott Johnston
                        Councilman Brett Christy
                        Councilwoman Ann Eckman
                      
            Supervisor Steger opened the Public Hearing for the purpose of the 2016 Budget. This budget reflects a Town wide Rate of 3.9469841. Additional Outside Village rate of 2.9142425 and Total Outside Village rate of 6.8612266, increase of 1.31.

With no questions, comments or concerns, a motion made by Supervisor Steger, seconded by Councilman Christy to adjourn the public hearing. The motion was carried.          

Respectfully Submitted,


Allison Dispense
Town Clerk

 

November 4, 2015-Public Hearing-Lily Dale Fire Contract

PUBLIC HEARING of the Town Council of the Town of Pomfret held Wednesday, November 4, 2015 at 5:50P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.


PRESENT:                 Supervisor Donald Steger
                                    Town Clerk Allison Dispense
                                    Highway Superintendent Daniel Bigelow
                                    Town Attorney Jeffrey Passafaro

Board Members:         Councilman Brett Christy
                                    Councilman Scott Johnston
                                    Councilman Christopher Schaeffer
                                    Councilwoman Ann Eckman
                      
                      

            Supervisor Steger opened the Public Hearing for the purpose of the 2016 Lily Dale Fire Contract.  The purposed amount for the 2016 contract is $30,008.00. Councilman Johnston complimented and congratulated the fire department for their efforts in keeping their costs down.

With no other questions or concerns the public hearing was closed. A motion made by Supervisor Steger, seconded by Councilwoman Eckman to close the Public hearing. The motion carried.

          

Respectfully Submitted,


Allison Dispense
Town Clerk

 

November 4, 2015 Public Hearing-Pomfret Fire Protection Contract

  PUBLIC HEARING of the Town of Pomfret held November 4, 2015 at 5:50P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow

COUNCIL:    Councilman Christopher Schaeffer 
                        Councilman Christy
                        Councilwoman Eckman
                        Councilman Johnston
                                   
The Town Clerk produced proof of Posting and Publication for the Public Hearing.

            Supervisor Steger opened the hearing, which was being held to consider a new contract between the Village of Fredonia and the Fredonia Fire Department for fire protection. The purposed contract is a three year contract. The amount to be paid in 2016 is $385,000.00, $396,550.00 in 2017, and $408,446.00 in 2018.

PUBLIC COMMENT- None


            DULY MOVED by Supervisor Steger, seconded by Councilman Johnston and carried to close the Public Hearing.

Respectfully Submitted,

Allison Dispense
Town Clerk



 

October 14, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. October 14, 2015 at the Lily Dale Fire Hall in Lily Dale, N.Y.

                        Supervisor Donald Steger
PRESENT:      Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                        Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:           
                                   Christopher Schaeffer
                                   Ann Eckman
                                   Scott Johnston

ABSENT:                  Brett Christy
          
Supervisor Steger led the Pledge of Allegiance of the Flag. 

DULY MOVED by Supervisor Steger to accept the minutes of the September 09, 2015 Town Board Meeting. The motion was seconded by Councilman Schaeffer and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to accept the minutes of the September 30, 2015 Special Meeting Minutes. The motion carried

DULY MOVED by Supervisor Steger and seconded by Councilman Johnston to approve the payment of bills as presented by the Town Clerk on Abstract # 10.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
Councilman Johnston-AYE

General Fund Town Wide           $14,879.58
General Fund Part Town             $1,602.62
Highway Fund Part Town            $69,423.06
Berry Road Water District            $55.97
Chestnut Road Water District      $33.00
North End Water District              $221.04
Van Buren Water District             $7,852.04
Lily Dale Sewer District               $6,929.63

TOWN CLERK REPORTS
Pomfret Town Justices reports for September 2015 are as follows:
                        Justice Pulci Total Cases: 202
                        Total Fines & Surcharges: $25,882.00

                        Justice Prince Total Cases: 230
                        Total Fine & Surcharges: $21,398.00

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

SUPERVISOR STEGER
A workshop has been scheduled for Wednesday October 21, 2015 at 5:30PM at Pomfret Town Hall to review the 2016 Budget.
Supervisor Steger made a motion to schedule a Special Meeting of the Town Board on November 4, 2015 at 7:00PM at Pomfret Town Hall. The motion was seconded by Councilman Schaeffer.
Roll Call:
Supervisor Steger-AYE
Councilman Schaeffer-NO
Councilman Johnston-NO
Councilwoman Eckman-NO
The motion did not carry.

Councilman Schaeffer made a motion to schedule a Special Meeting of the Town Board on November 4, 2015 at 6:00PM at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried.

Supervisor Steger made a motion to schedule a Public Hearing for a Local Law regarding the 2% Tax cap on November 4, 2015 at 5:30PM at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried.

Supervisor Steger made a motion to schedule a Public Hearing for the 2016 Preliminary Budget for the Town of Pomfret on November 4, 2015 at 5:40PM at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to schedule a Public Hearing for the Lily Dale Fire Contract and the Pomfret Fire Protection District on November 4, 2015 at 5:50PM at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried.

The Town of Pomfret is participating in the ‘Feed Fredonia Food Challenge’. Any donations can be sent to the Town Clerk’s office.

The Town Board has agreed to continue to allow Supervisor Steger to negotiate the lease terms with Upstate Tower.
Supervisor Steger made a motion, seconded by Councilwoman Eckman to support in concept the creation of the North County Water District and the water purchase agreement with the City of Dunkirk as a supplier. The motion carried.

COUNCILMAN SCHAEFFER
Mr. Schaeffer has been in contact with a company that is willing to do a utility/energy audit for the Town including the garage and town hall. Mr. Schaeffer was advised to get a proposal from the company detailing the work and to report to the board at the November 4, 2015 special meeting.

COUNCILMAN JOHNSTON
Councilman Johnston informed the board of a fundraiser called ‘RainBarrel’. This fundraiser is to supply quality rain barrels and accessories to municipalities and organizations throughout the country. Mr. Johnston will be acquiring more specifics and reporting back to the board.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow reported that Hahn Road and Shumla Road are 100% completed. Their next plan is to work on Castile Heights, and Darby Switch Road. The Highway Department’s goal is to have these completed before the winter months.

DULY Moved by Supervisor Steger seconded by Councilman Johnston to adjourn the Regular Town Board meeting at 7:33 P.M. The motion carried.

Respectfully Submitted,          
Allison Dispense
Town Clerk

 

September 09, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. September 09, 2015 at Town Building, 9 Day Street, Fredonia, New York.

                              Supervisor Donald Steger
PRESENT:            Town Clerk Allison Dispense
                              Highway Superintendent Daniel Bigelow
                              Town Counsel Jeffrey Passafaro
                                              
COUNCILPERSONS:          
                                    Christopher Schaeffer
                                    Ann Eckman
                                    Scott Johnston
                                    Brett Christy
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

The Pomfret Town Board and audience displayed a moment of silence for former Town Supervisor, Roger Ruckman. Mr. Ruckman passed away Wednesday, September 2, 2015.

DULY MOVED by Councilman Johnston to accept the minutes of the August 12, 2015 Town Board Meeting. The motion was seconded by Councilman Christy 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 # 09.  The motion was carried unanimously by a roll call vote.
Roll Call:
Supervisor Steger-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
Councilman Johnston-AYE

General Fund Town Wide           $61,756.25
General Fund Part Town             $7,463.95
Highway Fund                             $65.75
Highway Fund Part Town           $37,188.93
Berry Road Water District          $745.02
Chestnut Road Water District    $243.00
North End Water District            $353.00
Lily Dale Sewer District              $3,809.07
Capital Projects                         $64,321.31

TOWN CLERK REPORTS
Pomfret Town Justices reports for August 2015 are as follows:
                        Justice Pulci Total Cases: 162
                        Total Fines & Surcharges: $17,147.00

                        Justice Prince Total Cases: 197
                        Total Fine & Surcharges: $21.969.00

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Fredonia Fire Department June 2015 report is on file in the Clerk’s office.
There were a total of 150 calls with 28 being within the Town of Pomfret.
The Fredonia Fire Department July 2015 report is on file in the Clerk’s office. There were a total of 187 calls with 54 being within the Town of Pomfret.
 
AUDIENCE CONCERNS
Russell Krieger, Pomfret resident, addressed the board concerning his town properties which share a waterline. He was advised by the board to take the necessary procedures in installing a water/sewer service line. The board also put Mr. Krieger on notice that it is against the County Health Department code to have two houses connected to one water line.

WENDEL
Final Close-out Resolution North End Water District-Phase 1 Waterline Installations Contract 12-1

WHEREAS, S. St. George Enterprises, Inc. was retained by the Town of Pomfret to complete Contract NO. 12-1, Waterline Installations, and

WHEREAS, Wendel, the Project Engineer, has determined that S. St. George Enterprises, Inc. has completed the project in general conformance with the Contract Plans and Specifications,

NOW THEREFORE BE IT RESOLVED, that the Town of Pomfret accepts deduct Change Order NO. 4 that balances out unused contract quantities resulting in a reduction of the contract price in the amount of $123,442.00 and

BE IT FURTHER RESOLVED, that the Town of Pomfret authorizes full contract payment and release of all retained monies.

BE IT FINALLY RESOLVED, that the Maintenance Bond will remain in effect for a one (1) year period from September 9, 2015.

Motion was made by Supervisor Steger, seconded by Councilman Schaeffer to accept the resolution. The motion carried.

SUPERVISOR STEGER
The planning and zoning fees were discussed and will be revisited at the next board meeting.

Supervisor Steger made a motion to authorize $100.00 from the parks and recreation budget to the Laona Halloween activites. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to authorize Evie Sievert to place a “Little Free Library” at the Laona Playground in memory of her grandson at the discretion of the Town Board with safety as a concern. The motion was seconded by Councilwoman Eckman and carried.

Supervisor Steger made a motion to authorize the Town of Pomfret Court to apply for a grant from the Justice Court Assistance Program for the year of 2015-2016. The motion was seconded by Councilman Christy and carried.

A motion made by Councilwoman Eckman to schedule a special meeting for September 30, 2015 at 5:00PM, 9 Day Street, Fredonia for the purpose of presenting the 2016 Pomfret Town Budget to the town board and any other business that may come before the board. The motion was seconded by Councilman Johnston and carried.

A budget workshop has been scheduled for October 7, 2015 at 5:30PM.

A budget workshop has been scheduled for October 13, 2015 at 5:00PM.

Supervisor Steger read aloud a letter presented to the board. Pomfret Town Clerk Dispense has been elected by her peers of the New York State Town Clerk’s Association to serve as District #10 Director. The town board gave Dispense a round of applause for her new role.

HIGHWAY SUPERINTENDENT BIGELOW
Highway Superintendent Bieglow reported that both Kelly Hill and Hahn Road are now open. There is still some maintenance to be done but they are passable and open to the public.

Councilman Christy made a motion to authorize installation of DSL service to the Forest Hill Cemetery at a cost of $33.95 at such time the cemetery secton has an operational computer. The motion was seconded by Councilman Schaeffer and carried.

Councilman Christy made a motion, seconded by Councilman Schaeffer to authorize Clark Patterson Lee of Jamestown, New York to conduct a facility study of the town barns on Chautauqua Road for a cost not to exceed $3,900.00.
Roll Call:
Supervisor Steger-No
Councilman Schaeffer-Aye
Councilman Christy-Aye
Councilwoman Eckman-Aye
Councilman Johnston-Aye
The motion carried.

DULY Moved by Councilman Johnston seconded by Councilwoman Eckman to adjourn the Regular Town Board meeting at 8:00 P.M. The motion carried.

Respectfully Submitted,         
Allison Dispense
Town Clerk

 

September 30, 2015 Special Meeting

SPECIAL MEETING of the Town Board of the Town of Pomfret held September 30, 2015 at 5:00 P.M. at the Town Building -9 Day Street, Fredonia, New York.

PRESENT:
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow

                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman
                        Councilman Scott Johnston

ABSENT:        Supervisor Donald Steger
                        Councilman Brett Christy
          
          
      Deputy Supervisor, Scott Johnston, called the meeting to order with the pledge of allegiance.

This meeting is for the purpose of the Town Clerk to present the tentative 2016 Budget to the board and any other business before the town.

Town Clerk, Allison Dispense, produced posting and publishing of the special meeting and distributed the 2016 Budget to those present.

Councilwoman Eckman made a motion to authorize the town to participate in the “Feeding Fredonia Food Challenge” during the week of
October 12-16, 2015. Town hall will be a location where residents can donate nonperishable food items. The motion was seconded by Councilman Schaeffer and carried.

Councilman Schaeffer made a motion to change the venue of the October 14, 2015 Town Board meeting to the Lily Dale Fire Hall, Lily Dale N.Y. The motion was seconded by Councilwoman Eckman and carried.

DULY MOVED by Councilwoman Eckman seconded by Councilman Schaeffer to adjourn the meeting. The motion carried. Time 5:12 P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk
Town of Pomfret
 

August 12, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. August 12, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

                                         Supervisor Donald Steger
PRESENT:                       Town Clerk Allison Dispense
                                         Highway Superintendent Daniel Bigelow
                                         Town Counsel Jeffrey Passafaro
                                            
COUNCILPERSONS:
                                                Christopher Schaeffer
                                                Brett Christy
                                                Scott Johnston
ABSENT:                                Ann Eckman           
        
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the July 08, 2015 Town Board Meeting. The motion was seconded by Councilman Johnston and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 8.  The motion was carried unanimously by a roll call vote.

General Fund Town Wide          $8,341.21
General Fund Part Town            $17,566.94
Highway Fund Part Town           $32,405.05
Berry Road Water District          $5,999.25
Chestnut Road Water District     $1,662.37
North End Water District            $30,848.59
Rt. 20 Water District                   $466.76
Rt. 60 Water District                   $5,910.79
Lakeview Sewer District             $1,555.78
Lily Dale Sewer District              $980.81
Rt. 20 Sewer District                   $812.67
Rt. 60 Sewer District                   $7,956.13
Sewer District 1                           $1,744.82
Sewer District 2                           $1,123.98
Capital Projects                           $926.75

TOWN CLERK REPORTS
Pomfret Town Justices reports for July 2015 are as follows:
                        Justice Pulci Total Cases: 196
                        Total Fines & Surcharges: $18,419.00

                        Justice Prince Total Cases: 201
                        Total Fine & Surcharges: $19,979.00

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Fredonia Fire Department May 2015 report is on file in the Clerk’s office. There were a total of 157 calls with 35 being within the Town of Pomfret.

The Pomfret Town Hall will be closed Friday August 28, 2015 due to the Fredonia Farm Festival.

Town Clerk Dispense received a $100.00 scholarship from the Chautauqua County Municipal Clerk’s Association for attending the Cornell Municipal Clerk’s Institute program to become a Certified Municipal Clerk.

The Town Board received a quote from DFT for internet at the Forest Hill Cemetery office building. The quote is for 6Mb of DSL for $33.95/month.

AUDIENCE CONCERNS
The Engineers were present to update the board. The board has agreed to close out the Phase I Project of the North End Water District at the September 9th meeting.

Tom Battaglia, Fredonia/Pomfret Recreation Director, presented the board with quotes for the purchase of rubber mulch for Barker Street Playground.

Albert Elliott-Hahn Rd Resident asked the Highway Superintendent when the road would be fixed due the damage caused by flooding in middle of July. High Superintendent, Dan Bigelow, stated that the pipe is ordered. The highway department expects to have the issue resolved by the end of September.

 SUPERVISOR STEGER
Festivals Fredonia has requested the use of the Forest Hill Cemetery on October 16th and October 17th 2015 from 5:30PM – Midnight for the “Harvest Moon Cemetery Tours”. Supervisor made the motion to authorize the use of the Forest Hill Cemetery pending proof of insurance supplied to the town. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to authorize Anne Fearman, SUNY Fredonia Professor, and her “World Poetry Class’ to use the Forest Hill Cemetery on October 30, 2015 from 5:00PM-8:00PM. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to authorize Justice David Prince and Justice Anthony Pulci to attend the State Magistrates Conference in Niagara Falls, New York from September 27-30, 2015. Justice Prince’s cost not to exceed $350.00 and Justice Pulci’s cost not to exceed $700.00. Councilman Christy seconded the motion, the motion carried.

Supervisor Steger made a motion to appoint Thomas Fisher as Court Officer for the Town of Pomfret Court for the remainder of 2015 at the rate of $14.11. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger received the Final State Equalization Rate for the 2015 Assessment roll from the State office of Real Property Tax Service. The established equalization rate is 20.21.

Supervisor Steger received correspondence from New York Senator Kathy Young regarding both Bear Lake and Cassadaga Lake. Young’s office secured funding in the amount of $200,000.00 from the Department of Environmental Conservation. This money is for the purpose of ‘invasive species control and water dredging projects’. Each lake will receive $100,000.00.

COUNCILMAN CHRISTY
Councilman Christy made a motion to purchase one truck load (22 tons) of rubber mulch from ‘Perfect Rubber Mulch’ at a cost of $5,920.00 to do area one(1102 square feet) and area two (1591 square feet) of the Barker Street Playground. The motion was seconded by Councilman Schaeffer. The motion passed with a roll call vote:
Supervisor Steger-Aye
Councilman Schaeffer-Aye
Councilman Christy-Aye
Councilman Johnston-Aye

Councilman Christy and the board received a draft of the Fredonia/Pomfret Fire Protection contract from the Village. The Board will be reviewing the contract.

A workshop has been set for Wednesday September 2, 2015 at 6:00p.m. for the purpose of discussing the fire contract and planning/zoning board fees.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow has updated the board about the damage caused by the flooding in July.

Shumla Road is closed and will remain closed until they can fix the shoulder on the road. It is closed due to safety reasons.

Mr. Bigelow has will be looking to replace a dump truck. He will report back to the board.

DULY Moved by Councilman Johnston, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 8:21P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk



 

July 8, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 08, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

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

COUNCILPERSONS:              Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy
                                                Scott Johnston

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 June 10, 2015 Town Board Meeting. The motion was seconded by Councilman Schaeffer 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 # 7.  The motion was carried unanimously by a roll call vote.

General Fund Town Wide           $15,646.80
General Fund Part Town             $572.75
Highway Fund                             $1,741.33
Highway Fund Part Town           $7,713.72
Berry Road Water District           $289.09
Chestnut Road Water District     $266.33
North End Water District            $696.85
Van Buren Water District           $4,403.69
Lily Dale Sewer District             $737.90
Pomfret Fire Protection             $65,000.00
Capital Projects                         $560.00

TOWN CLERK REPORTS
Pomfret Town Justices reports for June 2015 are as follows:
                        Justice Pulci Total Cases: 168
                        Total Fines & Surcharges: $17,548.00

                        Justice Prince Total Cases: 213
                        Total Fine & Surcharges: $20,940.50

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Fredonia Fire Department April 2015 report is on file in the Clerk’s office. There were a total of 137 calls with 26 being within the Town of Pomfret.

The Brocton Central School Rotary Interact Club participated in the Adopt a Highway Program on June 13, 2015. They helped clean up garbage around the Bear Lake Area. The Pomfret Highway Department assisted with this group in removing the garbage.

AUDIENCER CONCERNS
Joseph Brown, Pomfret resident, addressed the board about his property on Webster Road. Mr. Brown has been in front of the board previously to discuss a solution about the ponding of water in his front yard. The board was under the assumption that this was taken care of with the Engineers and Contractors of the North End Water District. Mr. Passafaro, Town Attorney, has agreed to send a memo out to both the engineers and the contractor stating the board has agreed to have this issue fixed.
 
 SUPERVISOR STEGER
Supervisor Steger made a motion to make the appointment of Travis Eckstrom, 8201 Bear Lake Road, Stockton, N.Y. to the Pomfret Planning Board with a term expiring the second Wednesday of January 2016. The motion was seconded by Councilwoman Eckman and carried.

Mr. Steger made the motion authorizing Mr. Bigelow to expend highway funds for highway improvements pursuant to the provisions of Section 284 of the Highway law. The motion was seconded by Councilman Christy and carried.

Councilwoman Eckman made a motion to authorize the Supervisor to sign a Billing History Release Form to School & Municipal Energy Cooperative to acquire the town’s billing history. The motion was seconded by Councilman Johnston and carried.

COUNCILMAN SCHAEFFER
Mr. Schaeffer and the Town Board received information from the Darwin Barker Library about the condition of the library roof. The library had an engineer firm come look at the roof and report back to the about the issues that will need to be fixed. The library stated they are going to be applying for a grant to help with the cost of repairs. Mr. Schaeffer will be attending the next library meeting and will report back to the board with specific numbers and a time frame of when the roof will be fixed.

Mr. Schaeffer has been in contract with the School & Municipal Energy Cooperative. They will be attending next month’s meeting to discuss their cooperative.

COUNCILMAN CHRISTY
Councilman Christy reported to the board on the progress of the Fredonia Fire Department contract. He stated the Village is preparing the written contract to present to the Town Board. The board has asked Mr. Christy to acquire a time frame when the board will be receiving the contract.

DULY Moved by Councilman Johnston, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting at 7:42 P.M. The motion carried.
Respectfully Submitted,


Allison Dispense
Town Clerk

 

June 10, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 10, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

                                        Supervisor Donald Steger
PRESENT:                      Town Clerk Allison Dispense
                                        Town Counsel Jeffrey Passafaro
                                        Highway Superintendent Daniel Bigelow

COUNCILPERSONS: Ann Eckman
                                    Christopher Schaeffer
                                    Brett Christy
                                    Scott Johnston
                     
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the May 13, 2015 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 6.  The motion was carried unanimously by a roll call vote.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the following budget transfers. The motion carried.

GENERAL FUND TOWNWIDE
Modify 2015 adopted budget by increasing Revenue Account A2665 Sales of Equipment by $22,228 and by Increasing Expenditure Account A5132.2 Garage Equipment by $22,228.
            For interfund sale of pick-up truck to water fund

HIGHWAY FUND OUTSIDE VILLAGE
Modify 2015 adopted budget by increasing Revenue Account DB3960 State Aid-Disaster Aid by $14,638 and by Increasing Expenditure Account DB5130.4 Machinery Contractual by $14,638.

For FEMA aid from November Storm

General Fund Town Wide            $15,275.18
General Fund Part Town              $509.19
Highway Fund                              $298.70
Highway Fund Part Town            $6,983.61
Berry Road Water District           $1,242.54
Chestnut Road Water District      $243.00
North End Water District            $4,012.62
Lily Dale Sewer District               $3,515.52

TOWN CLERK REPORTS
Pomfret Town Justices reports for May 2015 are as follows:
                        Justice Pulci Total Cases: 173
                        Total Fines & Surcharges: $16,514.00

                        Justice Prince Total Cases: 212
                        Total Fine & Surcharges: $21,349.00

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Town Clerk’s office will be extending office hours on Tuesday’s to 6:00P.M.

Town Clerk Dispense announced the appointment of Sharon Schwertfager, 140 Clinton Ave, as Deputy Town Clerk. Supervisor Steger made the motion to set the rate of pay at $10.94 per hour. The motion was seconded by Councilwoman Eckman and carried.
 
AUDIENCER CONCERNS
Alan Shaw, 9502 Seymour Rd Ext, asked the board to consider extending the North End Water District to include Seymour Rd Ext. This section of road within the Town of Pomfret was not made a part of the water district due to the demographics of the location. The board will be taking it into consideration Mr. Shaw’s request.

 SUPERVISOR STEGER
Supervisor Steger made a motion to increase the water and sewer rates for residential and commercial customers in the town to conform to our conditions of our existing water contract with the village and their recent water/sewer increases. Motion was seconded by Councilman Schaeffer and carried. The rates are as follows:
Resident Sewer-$10.94                      Residential Water-$7.04
Commercial Sewer-$15.21                Commercial Water-$10.56

The Planning Board appointment has been tabled until next month. The board would like to speak to the interested resident before making an appointment.

The Board is still waiting to hear a decision from Ms. Frazier on the Cemetery Plot proposal.

Councilman Schaeffer made a motion to authorize Supervisor Steger to enter into a one year maintenance (June 1-2015 to May 31, 2016) agreement in the amount of $853.92 with Cummins Northeast (Emergency backup generator to operate Lily Dale Sewer). The motion was seconded by Councilman Johnston and carried.

Engineers, Wendel, have submitted the Certification of Public Water Improvement Projection Completion for the North End Water District project the New York State Health Department.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to support the City of Dunkirk for the Annual Fireworks Display during the Fourth of July Holiday in the amount of $400.00. The motion was seconded by Councilman Johnston and carried.

Councilwoman Eckman made a motion to appoint the following to the Fredonia-Pomfret Recreation Department as part-time seasonal employees for the 2015 Summer Recreation Program at the rate of pay listed, seconded by Councilman Johnston and carried.

Name        Address                                   Lifeguard        Recreation
*James Hobbs 233 E. Main                       $10.00 /hr       Min.Wage
*Amanda Laurito 458 Water St.                $10.00/hr        Min. Wage
  Lindsay Lovern  10460 Bay Shore          $10.00/hr        Min. Wage
  William Piper      109 Johnson                                        Min. Wage
*Kristen Reinhardt 1 Woodcrest                                       Min. Wage
  Mikayla Reynolds 4180 Webster Rd.     $10.00/hr        Min. Wage
*Sebastian McAfee 24 Johnson St                                  Min. Wage
*Lindsay Seddon   9684 Adams Rd.                                Min. Wage
*Matthew Sheridan 417 E. Main St.                                Min. Wage
*Haley Zebraski      7 Woodcrest             $10.00/hr        Min. Wage
*Anna Vecchio 106Temple       $10.00/hr Min.Wage                      
*Returning Staff Members

Councilwoman Eckman made a motion for the Town to establish a policy that Town of Pomfret employees and officials use a town issued email address with accordance with cyber security and municipal professionalism to conduct town business, seconded by Councilman Christy. Roll Call Vote:
Supervisor Steger-Aye
Councilman Schaeffer-Aye
Councilman Christy-Aye
Councilwoman Eckman-Aye
Councilman Johnston-NO
The motion carried.

Councilwoman Eckman and Councilman Johnston have met recently with Village representatives to discuss the possibility of conducting a survey on the feasibility of Town/Village consolidation. There will be a meeting with both boards at a near future date.

Councilwoman Eckman is still requesting the Village and Fredonia Fire Department to include in their monthly reports to the Town, the number of calls, what was billed, what was submitted to insurance companies and how much money was returned to the Village.

HIGHWAY SUPERINTENDENT BIGELOW
A workshop has been scheduled for June 24, 2015 at 5:00P.M. This workshop is to discuss highway equipment.

The Highway Department will be closed from June 29th-July 6th 2015.

There has been roof damage to the Forest Hill Cemetery Chapel.

The State has recommended the Town use some sort of reflective signage to help protect the flushing stations on state right of ways. The town will have to repair the damage that occurred over the winter on Rt.20 to the North End Water Flushing station as a district expense.

DULY Moved by Councilman Johnston, seconded by Councilwoman Eckman to adjourn the Regular Town Board meeting at 8:48 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk
 

May 13, 2015 Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. May 13, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

                                        Supervisor Donald Steger
PRESENT:                      Town Clerk Allison Dispense
                                        Town Counsel Jeffrey Passafaro
                                        Highway Superintendent Daniel Bigelow

COUNCILPERSONS:             Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

ABSENT                                 Scott Johnston                      

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to accept the minutes of the April 08, 2015 Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion 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 # 5.  The motion was carried unanimously by a roll call vote.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the following budget transfers. The motion carried.

GENERAL FUND TOWNWIDE
$400.00 FROM A1330.2 Tax Collection Equipment
              TO       A1330.1 Tax Collection Personal Services

HIGHWAY FUND OUTSIDE VILLAGE
Modify 2015 adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $24,306.00
            for 2014 funding rollover & 2015 actual funding allocation

Modify 2015 adopted budget by increasing Revenue Account DB2680 Insurance Recoveries by $15,017 and by Increasing Expenditure Account DB 5142.1 Snow Removal Personal Services by $215,017
            for receipt of reimbursement for compensation case

$15,000 FROM DB5110.4 General Repairs Contractual
              TO       DB5142.4 Snow Removal Contractual

General Fund Town Wide            $44,088.94
General Fund Part Town              $17,721.76
Highway Fund                              $2,607.70
Highway Fund Part Town             $27,557.69
Berry Road Water District            $7,556.46
Chestnut Road Water District      $1,968.20
North End Water District              $218.78
Van Buren Water District             $17,915.20
Sewer 1                                        $1,759.59
Sewer 2                                        $1,151.53
Lakeview Sewer                           $409.61         
Lily Dale Sewer District               $3,526.58
Capital Projects                           $20,816.54

TOWN CLERK REPORTS

Pomfret Town Justices reports for April 2015 are as follows:
                        Justice Pulci Total Cases: 189
                        Total Fines & Surcharges: $18,282.00

                        Justice Prince Total Cases: 199
                        Total Fine & Surcharges: $18,379.00

The Fredonia Fire Department month of March 2015 report is on file in the Clerk’s office. A total of 163 calls reported, with 30 being within the Town of Pomfret.

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

Chadwick Bay Gardening Club will be planting flowers in the raised bed at Barker Street playground.

The Town Clerk received a $100.00 scholarship from Chautauqua County Municipal Clerk’s Association for attending the Annual NYSTCA Conference in Rochester, New York.

The Town Clerk’s request for attending the CMCI (Cornell Municipal Clerk’s Institute) from July 12-17, 2015 at Cornell University in Ithaca, New York was granted by a motion made by Supervisor Steger, seconded by Councilman Shaeffer and carried.

The 2014 Annual Water Quality Report is on file in the Clerk’s office and will be posted online and available at the Clerk’s Office during regular business hours.

The Town Clerk has sent letters to all the new water customers the town has inherited from the Village of Fredonia.

Tax Collector, EvaDawn Bashaw, presented the board with the 2015 Summary of the Town and County Tax Collection. The total 2015 warrant was $7,779,767.88, total amount collected was $6,717,126.39 with $1,182,863.10 paid to the Town.

AUDIENCER CONCERNS
Terry Niebel, County Legislator for District #5, introduced himself to the board and made the board aware he is available for any questions, comments or concerns.

Cathy Steger, Fredonia Central School Fifth Grade Teacher, addressed the board along with three of her students. The students proposed “Little Free Libraries” to be located at the Barker Street Playground. This program allows residents to borrow and donate books at no cost or late fees. Councilman Schaeffer made a motion to authorize the placing of a ‘book house’ at the Barker Street Playground at the proposed location of the pavilion. The motion was seconded by Councilwoman Eckman and carried.

John Gullo, Lily Dale Assembly Attorney, and Carl Calarco, CRC Engineering and Land Surveying, asked the board for their approval and assistance of establishing a water district for Lily Dale. There were many questions surrounding the idea of the Town establishing a water district. The topic will be discussed further when they are given the map/plan/report of the project.

 SUPERVISOR STEGER
Supervisor Steger made a motion to declare the Toshiba E-Studio copier surplus, authorizing the Highway Superintendent to dispose of the copier in the best interest of the Town. The motion was seconded by Councilman Christy and carried.

Supervisor Steger made a motion to declare the Shredder from the court system surplus, authorizing the Highway Superintendent to dispose of the copier in the best interest of the town. The motion was seconded by Councilwoman Eckman and carried.

The Dunkirk Planning Board is holding a meeting on May 21, 2015 at 5:30P.M. for a Turbine placement on Swamp road which boarders the Pomfret Town line.

A letter of interest was submitted for the vacancy on the planning board. Mr. Steger will be conducting an interview and reporting back to the board at next meeting.

The board has received a quote from St. George Enterprises for damage repair to the North End Water District. The quote is for $9,833.00 to replace the sampling station on Rt. 60 near Webster Rd and also to replace the auto flushing station at Rt.20 and Christ Rd. This price includes all labor, materials and equipment to complete the repairs. The board has asked Dan Bigelow, Highway Superintendent, to meet and discuss these repairs with the Engineer company responsible for the design.

COUNCILMAN SCHAEFFER
The town has missed the deadline for submitting a letter of intent with Solar Liberty. He will be contacting other solar companies in the near future.

COUNCILWOMAN ECKMAN
Councilwoman Eckman asked the status of the request from resident, Danyelle Fraizer regarding the issue of cemetery plots in Webster Cemetery. Mr. Steger and Mr. Passafaro have submitted a proposal and are waiting for a response.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow announced the following bids for Fuel
T.P.S.                                Price per gallon
Unleaded gasoline                        $2.10
Diesel                                            $2.04 

NOCO                              Price per gallon
Unleaded gasoline                        $2.1699
Diesel                                            $2.0799

A motion made by Supervisor Steger, seconded by Councilwoman Eckman to accept the low bid from T.P.S Supply. The motion carried unanimously.

The Town Board has scheduled a workshop for May 27, 2015 at 5:30P.M. for the purpose of discussing highway equipment.

Supervisor Steger made a motion to authorize the Highway Superintendent to attend highway school in Ithaca, New York from May 31-June 3, 2015 at an expense reasonable to the town. The motion was seconded by Councilman Christy and carried.

TOWN ATTORNEY JEFFREY PASSAFARO
Councilman Christy made a motion to grant Supervisor Steger the authority to sign a claim under the eminent domain procedures law, which will put the petitioner and court on notice that if any disturbance, interference, damage, loss to the town’s water transmission line, NFG will be responsible. The motion was seconded by Councilwoman Eckman and carried.

DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:54 P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk
 

April 08, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 08, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

                                       Supervisor Donald Steger
PRESENT:                     Town Clerk Allison Dispense
                                       Town Counsel Jeffrey Passafaro
                                       Highway Superintendent Daniel Bigelow

COUNCILPERSONS:    Ann Eckman
                                       Christopher Schaeffer
                                       Brett Christy
                                       Scott Johnston

Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to amend the minutes of the March 11, 2015 Regular Town Board Meeting, stating the water rates coincide with the Village of Fredonia quarterly billing and also per the contract with the Town and Village. 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 # 4.  The motion was carried unanimously by a roll call vote.

General Fund Town Wide           $17,305.09
General Fund Part Town             $286.83
Highway Fund Part Town            $41,453.59
Berry Road Water District           $298.89
Chestnut Road Water District     $276.00
North End Water District             $49,318.95
Rt. 20 Water                               $214.06
Rt. 60 Water                               $459.88
Rt. 60 Sewer                              $6,449.10
Lily Dale Sewer District              $1,602.09
Capital Projects                          $142,071.22

TOWN CLERK REPORTS

Pomfret Town Justices reports for March 2015 are as follows:
                        Justice Pulci Total Cases: 208
                        Total Fines & Surcharges: $17,567.00

                        Justice Prince Total Cases: 264
                        Total Fine & Surcharges: $22,502.00

The Fredonia Fire Department month of February 2015 report is on file in the Clerk’s office. A total of 176 calls reported, with 23 being within the Town of Pomfret.

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

The Town Clerk’s office will be closed on Tuesday, April 14, 2015 for NYS Archive Training.

The Town of Pomfret will be sponsoring a Free Rabies Clinic on
May 09, 2015. The clinic will be held at the Town of Pomfret Barns on Chautauqua Road from 1:00-3:00P.M.

The Supervisor’s Annual Report for the year 2014 is on file in the Clerk’s office.
 
AUDIENCER CONCERNS
Danielle Frazier addressed the board about her plots in Webster Cemetery. It has come to the board’s attention that specific plots have been sold twice to two different families. Mrs. Frazier has asked the board to correct the issue so that she and her family have the original plots they purchased in 2009. The board has asked her to give them some time to research the issue and report back to her.

 SUPERVISOR STEGER
Supervisor Steger made a motion to approve the use of the Town’s parking lot and outside power outlets for Saturday, August 29, 2015 from 12P.M. to 11P.M. and Sunday, August 20, 2015 from 12P.M. to 7P.M. to the Fredonia Farm Festival Committee. The motion was seconded by Councilman Christy and carried.

Supervisor Steger made a motion to authorize the Town into an extended maintenance agreement with Ti-Sales for their Neptune, N_Sight software for one year with a cost of $765.00 to the town. The motion was seconded by Councilman Schaeffer and carried.

The Fredonia Fire Department has asked the Town of Pomfret to proclaim the weeks of April 15, 2015, May 25, 2015 and June 6, 2015 as “Annual Firemen’s Fund Drive Weeks”. Mr. Steger made the motion to accept these weeks as “Annual Firemen’s Fund Drive Weeks”, seconded by Councilman Schaeffer and carried.

Supervisor Steger made a motion to appoint Ann Rankins, of Straight Rd, Fredonia, as Forest Hill Cemetery Sexton effective March 26, 2015 with rate of pay at $12.00 per hour, with hours not to exceed 15 hours per week. The motion was seconded by Councilman Johnston and carried.

New York State Department of Environmental Conservation conducted an inspection of the Lily Dale Sewer District on March 13, 2015. The purpose of the inspection was to assess the facility’s compliance with the terms and conditions of its State Pollutant Discharge Elimination System permit. The plant was found to be well maintained and operated.

The New York State Department of Taxation and Finance Office of Real Property Tax service has given notice to the Town of Tentative Telecommunications ceiling for 2015 for Chautauqua & Erie Telephone, Dunkirk-Fredonia Telephone Co. and Cassadaga Telephone Corp.

Supervisor Steger made a motion to adopt the following permit fee schedule for the use of right of way under the recently enacted Local Law #1 of 2015:
1).Application Fee-$500.00
2). $2.00 per lineal foot in the right of way
3). $20.00 plus $2.00 per lineal foot for a crossing of the right of way
The motion was seconded by Councilman Johnston and carried.

COUNCILMAN SCHAEFFER
Mr. Schaeffer reported to the board the progress of the Solar Liberty project. He contacted neighboring municipalities to ask what their opinion was of Solar Liberty. All municipalities stated Solar Liberty was a “good” company to work for. Supervisor Steger has asked Councilman Schaeffer to request the copies of the utility bills that were sent to Solar Liberty for future use.

HIGHWAY SUPERINTENDENT BIGELOW
Supervisor Steger made the motion authorizing the Highway Superintendent to advertise for fuel bids, to be returned to the Clerk’s office by May 13, 2015 by 4:00P.M. and to be opened May 13, 2015 at the regular Town Board meeting.  The motion was seconded Councilwoman Eckman and carried.

There has been damage to the North End Water District. A flusher on Rt.20 by Sullivan’s and also one of the sampling stations on Webster Road/Rt.60. The Highway Superintendent has been advised to document the damage and contact Wendel, Engineers for the North End Water District.

Pomfret Highway Employee, Tom Haines, has received a request from the Fredonia School District to plant flowers at the Pioneer Cemetery. Mr. Bigelow was advised to obtain a letter from the school stating it is a school project, and all necessary permission has been granted. Mr. Bigelow is to advise the students and instructor where plant the flowers.

TOWN ATTORNEY JEFFREY PASSAFARO
Town Attorney Passafaro has informed the board of a Bond Anticipation Note (BAN) Renewal coming up.

DULY Moved by Councilman Johnston, seconded by Councilwoman Eckman to adjourn the Regular Town Board meeting at 7:53P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

March 11, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Council of the Town of Pomfret held at 6:30 P.M. March 11, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:  Town Clerk Allison Dispense
                    Town Counsel Jeffrey Passafaro
                    Highway Superintendent Daniel Bigelow

COUNCILPERSONS: Ann Eckman
                                   Christopher Schaeffer
                                   Brett Christy
                                   Scott Johnston

ABSENT: Supervisor Donald Steger

Deputy Supervisor Johnston led the Pledge of Allegiance of the Flag.      

DULY MOVED by Councilwoman Eckman to approve the minutes of the February 11, 2015 Regular Town Board Meeting, seconded by Councilman Schaeffer and the motion carried.

DULY MOVED by Councilwoman Eckman and seconded by Councilman Christy to approve the payment of bills as presented by the Town Clerk on Abstract # 3.  The motion was carried unanimously by a roll call vote.

General Fund Town Wide            $14,972.49
General Fund Part Town              $414.97
Highway Fund Part Town            $35,148.19
Berry Road Water District           $55.95
Chestnut Road Water District       $33.00
North End Water District             $129.46
Lily Dale Sewer District               $433.91

TOWN CLERK REPORTS
 Pomfret Town Justices reports for February 2015 are as follows:
                        Justice Pulci Total Cases: 187
                        Total Fines & Surcharges: $19,661.00

                        Justice Prince Total Cases: 193
                        Total Fine & Surcharges: $17,045.00

The Fredonia Fire Department month of January 2015 report is on file in the Clerk’s office. A total of 174 calls reported, with 35 being within the Town of Pomfret.

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.
The Hillview Golf Course has re-applied for the liquor license and is on file in the Clerk’s Office.

AUDIENCER CONCERNS
Linda Malcolm, President of Preservation Society, spoke to the board about the history and future of the Gate House at Forest Hill Cemetery. With the Preservation Society slowly diminishing, she asked the Town Board if taking the Gate House over would be something the Town is interested in. The board agreed that it would be beneficial to discuss with both boards.

DEPUTY SUPERVISOR JOHNSTON
Deputy Supervisor Johnston made a motion to increase the Town’s water rate from $5.84 per thousand gallon to $6.50 per thousand gallon. These rates are to be in acted to coincide with the Village quarterly billing and per the contract between the Town of Pomfret and the Village of Fredonia. The motion was seconded by Councilman Christy and carried.

Councilman Schaeffer made a motion to expend $100.00 to the Laona Parade Coordinator, Evie Sievert, from the general fund for purchase of Easter Basket fillers for the Parade attendees.  The motion was seconded by Councilman Johnston. Councilman Schaeffer-Aye, Councilman Johnston-Aye, Councilman Christy-Aye, and Councilwoman Eckman-Abstained. The motion carried.

Deputy Supervisor Johnston made a motion to appoint Harry Centner, Rt. 60 Fredonia, to the Pomfret Board of Assessment Review with a term to expire September 2016. The motion was seconded by Councilwoman Eckman and carried.

COUNCILMAN CHRISTY
Councilman Christy reported to the board that he met with the Fredonia Fire Department. Mrs. Eckman asked Mr. Christy to request from the Fire Department a breakdown of Transports to be included in the monthly report given to the Town.

Mr. Christy thanked the Highway Department for their hard work and efforts this winter so far.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to approve the Forest Hill Cemetery Chapel Facility Use Permit with to amendments: Insurance be increased to $1,000,000.00 and it be stated that there are no working bathroom facilities in the Chapel. Seconded by Councilman Johnston and carried unanimously by a roll call vote.

HIGHWAY SUPERINTENDENT BIGELOW
A workshop is scheduled for April 1, 2015 at 6:00P.M. for the purpose of discussing new highway equipment and building upgrades.

FEMA has reported the Town of Pomfret will be reimbursed $14,638.91 for the November storm.

There has been a resident who is dumping cat litter in the Town of Pomfret. The highway department has been cleaning it up. The DEC and State Police have been notified and all three are working together to solve this issue.

DULY Moved by Councilwoman Eckman, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 7:34P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

February 11, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Council of the Town of Pomfret held at 6:30 P.M. February 11, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:      Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Counsel Jeffrey Passafaro
                        Highway Superintendent Daniel Bigelow

COUNCILPERSONS:Ann Eckman
                                   Christopher Schaeffer
                                   Brett Christy
                                   Scott Johnston
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Councilwoman Eckman to approve the minutes of the January 14, 2015 Regular Town Board Meeting, seconded by Councilman Johnston and the motion carried.

DULY MOVED by Councilwoman Eckman to approve the minutes of the January 14, 2015 Public Hearing on Purposed Local Law #1 of 2015-Pomfert Rights of Way. The motion was seconded by Councilman Christy and carried.

DULY MOVED by Councilman Christy and seconded by Councilwoman Eckman to approve the payment of bills as presented by the Town Clerk on Abstract # 2.  The motion was carried unanimously by a roll call vote.

General Fund Town Wide           $19,009.10
General Fund Part Town             $19,615.52
Highway Fund Part Town            $28,007.83
Berry Road Water District            $11,883.59
Chestnut Road Water District      $2,026.42
North End Water District              $129.70
VB Water District                         $14,229.15
Johnson St. Sewer                      $1,417.52
Lakeview Sewer                          $2,814.11
Lily Dale Sewer District               $456.88
Sewer District 1                           $1,909.83
Pom. Fire Protection                   $360,000.00
Lily Dale Fire Protection              $28,578.00          
Capital Projects                           $31,980.41

TOWN CLERK REPORTS
Pomfret Town Justices reports for January 2015 are as follows:
                        Justice Pulci Total Cases: 155
                        Total Fines & Surcharges: $13,527.00

                        Justice Prince Total Cases: 176
                        Total Fine & Surcharges: $15,482.00

The Fredonia Fire Department month of December 2014 report is on file in the Clerk’s office. There was a total of 156 with 30 being within the Town of Pomfret.

The Fredonia Fire Department annual report for the year 2014 is on file in clerk’s office. There were a total of 1,791 calls with 359 being within the Town of Pomfret.

The monthly Historian report is on file with the Clerk’s office and has been distributed to the Town Board.

Councilwoman Eckman made a motion to authorize the Town Clerk to attend the New York State Town Clerk’s Association Annual Conference on April 26, 2015-April 29, 2015 at a reasonable cost to the Town. The motion was seconded by Councilman Johnston and carried.

AUDIENCER CONCERNS
Representatives from the Northern Chautauqua County Intermunicipal Local Waterfront Revitalization Program (LWRP) were present to address the board. Mr. Jay Warren and Mr. Mark Geise asked the board some ideas of projects they would like to see funded to improve the Town of Pomfret. The board after a discussion gave the gentlemen some ideas of projects they would like to support. The LWRP has goals to spur waterfront development and improve public access to all waterfronts. They feel with the waterfronts being improved it will stimulate economic development and expand recreational opportunities.

Mark Schaefer, National Fuel Representative, presented to the board a map of where the pipe line will be crossing within the Town of Pomfret as a part of the Dunkirk Pipeline Project. The map is for the crossing of Lakeview Road and Straight Road via push bore. Mr. Steger noted the board has yet to establish permit fees. The board will be doing so at the next meeting.

SUPERVISOR STEGER
Supervisor Steger made a motion to approve the following resolution, seconded by Councilman Schaeffer and carried.
WHEREAS, the Town of Pomfret previously provided for a retiree health insurance benefit for full-time elected Town Clerks, and
WHEREAS, effective January 1, 2008 the elected official retiree health insurance benefit was terminated for those individuals retiring after January 1, 2008 and
WHEREAS, a former Town Clerk of the Town of Pomfret eligible for retiree health insurance benefits under the previous policy then in effect has requested to modify those benefits with a buy-out instead of participation in the health insurance plan provided by the Town of Pomfret, and
WHEREAS, the Town Board is willing to accommodate such request for the year 2015,
NOW, THEREFORE RESOLVED, that the Town of Pomfret will pay a buy-out of the former Town Clerk retiree health insurance benefit for the year 2015 in the amount of Five Thousand Dollars ($5,000.00), payable to said former Town Clerk, Beverly Swyers, and it is further
RESOLVED, that this buyout is in effect for the year 2015 only, that the resolution does not create a contract between the former Town Clerk and the Town of Pomfret in any respect, and the Town Board of the Town of Pomfret reserves the right to amend, modify, change, or terminate any such buy-out and/or retiree health insurance benefit under any former or previous policy enacted by the Town of Pomfret.

Councilwoman Eckman made a motion authorizing the Town Supervisor to write a letter of endorsement of the Town of Portland’s continued ambulance services. The motion was seconded by Councilman Christy and carried.

Supervisor Steger received a letter of interest for the Forest Hill Cemetery Sexton position. He will interview the candidate and report back to the Town Board.

Councilman Johnston made a motion to approve the following Resolution, seconded by Councilman Christy and carried.
WHEREAS, the Town of Pomfret has the following water districts in existence who contract for the purchase of water from the Village of Fredonia, to wit: Berry Road Water District; Chestnut Street Water District; Water District No.3 (Route 20-Rite Aid); Water District No. 4 (Route 20 & 60 Country Fair Complex); Water District No. 6 (Chautauqua Road), and
WHEREAS, the water contracts for the purchase of water for these districts has come up for renewal with the Village of Fredonia,
NOW, THEREFORE, on motion of Councilman Johnston, seconded by Councilman Christy, it is
RESOLVED, that the Town Board of the Town of Pomfret does hereby consent to the renewal of the water district water purchase contract from the Village of Fredonia for water districts as follows:
Berry Road Water District
Chestnut Street Water District
Pomfret Water District No. 3
Pomfret Water District No. 4
Pomfret Water District No. 6
That each contract is hereby renewed for a period of three years, commencing January 1, 2015 and terminating December 31, 2017. That the residential rate to be charged in each district is 1.7 times the Village rate. The commercial rate to be charged in each district is three times the Village of Fredonia rate, and be it further
RESOLVED, that the Supervisor of the Town of Pomfret is hereby authorized to execute the renewal contracts for said water districts with the Village of Fredonia.
Supervisor Steger-Aye, Councilman Christy-Aye, Councilman Schaeffer-Aye, Councilman Johnston-Aye, Councilwoman Eckman-Aye.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to appoint Michaelene Comerford, of Water Street, Fredonia, to the Pomfret Zoning Board with the term expiring in 2017. The motion was seconded by Councilman Schaeffer and carried.

Mrs. Eckman went on the record to explain why the Pomfret Board did not budget for the Fredonia School District Resource Officer. Mrs. Eckman stated that not all of Pomfret Residents are located within the Fredonia School District. The Board feels the Resource Officer shall be a school district tax. She also stated that she, along with the board, fully support the resource officer position.

Councilwoman Eckman made a motion to authorize the Supervisor and Town Clerk to enter into an agreement with Gov-Pay Credit Services pending Town Attorney approval of security requirements. The motion was seconded by Councilman Christy and carried.

HIGHWAY SUPERINTENDENT BIGELOW
Supervisor Steger made a motion to authorize the Highway Superintendent to declare a 2007 excavator helack surplus, to establish value to the piece of equipment, and recommend means of disposal for the Town Board. The motion was seconded by Councilwoman Eckman and carried.

Supervisor Steger made a motion to accept the recommendation of the Highway Superintendent to dispose of two Peterbuilt trucks for $6,200.00 each and one 1975 Caterpillar Road Grader for $9,900. The motion was seconded by Councilman Christy and carried.

Councilman Christy made a motion to authorize the Highway Superintendent to purchase two John Deer Tractors on State Contract from Z&M Ag&Turf at a price of $5,060.00. The motion was seconded by Councilman Schaeffer and carried.

      DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting and enter into executive session with the purpose of discussing Town Court Personnel with no action to be taken. Time 8:08P.M. The motion carried

DULY Moved by Supervisor Steger, seconded by Councilwoman Eckman to enter into executive session with purpose of discussing Town Court Personnel with no action to be taken. The motion carried. Time 8:11P.M.

DULY Moved by Supervisor Steger, seconded by Councilwoman Eckman to adjourn the executive session and return to the regular Town Board Meeting. The motion carried. Time 8:21P.M.

DULY Moved by Supervisor Steger, seconded by Councilman Johnston to adjourn the Regular Town Board meeting at 8:22P.M. The motion carried.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

January 14, 2015 Town Board Meeting Minutes

REGULAR MEETING of the Town Council of the Town of Pomfret held at 6:30 P.M. January 14, 2015, at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:      Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Town Counsel Jeffrey Passafaro
                        Highway Superintendent Daniel Bigelow

COUNCILPERSONS: Ann Eckman
                                    Christopher Schaeffer
                                    Brett Christy
                                    Scott Johnston
          
Supervisor Steger led the Pledge of Allegiance of the Flag.

DULY MOVED by Supervisor Steger to approve the minutes of the December 29, 2014 Year End Meeting.  The motion was seconded by Councilman Schaeffer and carried.

DULY MOVED by Supervisor Steger to approve the minutes of the 2015 Organizational Meeting held on January 5, 2015. 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 #1 with one addition. The motion was carried unanimously by a roll call vote.

General Fund Town Wide          $14,691.90
General Fund Part Town            $2,606.20
Highway Fund Part Town           $13,318.84
Lily Dale Sewer District              $93.91
Van Buren Water District            $43.85     
N.E. Water District                      $3,762.11
Capital Projects                           $24,205.00

TOWN CLERK REPORTS
The 2014 yearly report for the Clerk’s office was presented to the Town Board.

Pomfret Town Justices reports for December 2014 are as follows:
                        Justice Pulci Total Cases: 185         
                        Total Fines & Surcharges: $16,588.00

                        Justice Prince Total Cases: 157
                        Total Fine & Surcharges:  $16,957.00

Code Enforcement Officer, Warren Kelly, has his annual report on file with the Clerk’s office. There were a total of 90 Building Permits issued with $5,589.62 collected in fees.

AUDIENCER CONCERNS
Charles Pierce, Pomfret Resident, addressed the board concerning the tax for fire protection. He asked the board to please visit the issue with the Village and to look at every option.

Scott Bryant, sales consultant for Solar Liberty, performed a short presentation to the board about Solar Liberty. Solar Liberty has been in business since 2003 and have done 1100 installations to date. Mr. Bryant explained the building/designing/installation process. Solar Liberty is willing to put a proposal together for the Town Board showing the cost of installing solar units at both Town Hall and the Pomfret Highway Barns on Chautauqua Road.

Jeffrey Nemeth and Wendy Kingsland, Renewables, updated the board on the Arkwright Wind Engery Project. They are expected to begin construction in 2016 and to be operational in the summer of 2017.

SUPERVISOR STEGER
 Supervisor Steger made a resolution to accept and approve the Pomfret Justice’s Court cash books for the year 2014 as presented to the Town Board.  Councilman Johnston seconded the motion.  The motion was passed unanimously.

Supervisor Steger made a motion to accept the letter of resignation, with regret, from Forest Hill Cemetery Sexton, Audrey Schmoyer. This resignation is effective February 1, 2015. The motion was seconded by Councilman Schaeffer and carried.
Supervisor Steger made a motion to appoint Thomas Haynes, 316 Water Street, Fredonia, N.Y. as Forest Hill Cemetery Sexton at his current hourly pay, with hours not to exceed fifteen hours per week. The motion was seconded by Councilwoman Eckman and carried with none opposed.

Supervisor Steger made a motion to appoint MaryLou VanWey to the Pomfret Board of Assessment Review to fill a vacancy with the term expiring September 30, 2016. Councilman Christy seconded the motion. The motion did not carry, Councilwoman Eckman, Councilman Johnston and Councilman Schaeffer opposed.

The Town Board is still seeking those residents interested in serving on the Pomfret Board of Assessment Review.

Supervisor Steger made a motion to expend $500.00 for the Bear Lake Property Owners Association. Seconded by Councilwoman Eckman, the motion carried with none opposed.

Supervisor Steger received correspondence from “Ever Power” stating there will be a public meeting on January 20, 2015 from 6-8P.M. at the Sinclairville Fire Department with purpose of discussing the Cassadaga Wind Project.

Supervisor Steger made a motion to adopt local law # 1 of 2015-Town use of Right of Way within the Town of Pomfret. Motion was seconded by Councilman Johnston and carried with none opposed.
SECTION ONE-Purpose                  
The Town Board believes it prudent to adopt a local law to regulate the use of Town rights of way and to establish a permitting system to regulate such use and to regulate cuts and openings in and under Town rights of way.

SECTION TWO-Prohibition
NO person, individual, corporation, firm or any other legal or non-legal entity of any type or nature, shall use any right of way in the Town of Pomfret by placing any thing, object, line, wires, any type of pipe or any other item or device in said right of way, or tear up, burrow, bury, injure, destroy or bore under or along any Town road or right of way, or any part thereof, in the Town of Pomfret without first securing a permit as required under this local law.

SECTION THREE-Installation of Pipes, Line, and/or Culverts
No person, individual, corporation, firm or any other legal or non-legal entity of any type or nature, shall use any right of way in the Town of Pomfret by placing any thing, object, line, wires, any type of pipe, transmission line or culvert, or any other item or device in said right of way, or tear up, burrow, bury, injure, destroy or bore under or along any Town road or right of way, or any part thereof, in the Town of Pomfret and unless and until there has been full compliance with this local law and a permit granted by the Highway Superintendent of the Town of Pomfret, and approved by the Town Board.

SECTION FOUR-Permit Required
No person, individual, corporation, firm or any other legal or non-legal entity of any type or nature shall dig, change, burrow or bore under, nor lany any line, pipe or other device to transmit gas, water, sewer, cable, fiber optic or any other transmission or alter any road grade, right of way, or street in the Town of Pomfret, to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any road or streets or other public place within the limits of the Town of Pomfret, or change, raise or lower any grade, line boundary, or any of the other designated indications of the road lines, and streets or other public places within the limits of the Town of Pomfret, provided that a person may do any of such acts prohibited by the section as shall be permitted by a permit issued by the Highway Superintendent of the Town of Pomfret, or its authorized designee, pursuant to this Local Law, after formal application made and accompanied by a bond as provided in this Local Law.

SECTION FIVE-Application for Permit
Any person, individual, corporation, firm or any other legal or non-legal entity of any type or nature desiring to procure a permit, shall file with the Town of Pomfret Highway Superintendent a written application stating the name and business or residence address of the applicant, the name of the road, streets or public place in or under which it is desired to make the excavation or opening or otherwise, as the case may be, the name and business or residence address of the person for whose benefit the work is to be done, the lot or road number where the opening or excavation or other work is to be made and in the time during which it is desired such opening is to be permitted and the reason for the nature of such excavation, opening or work to be made. The application shall contain a map or drawing to scale showing the location, lineal feet, and depth of any lines, cables, pipes or other devices sought to be placed in the right of way.

SECTION SIX-Bond Required
The application for a permit as required by the above section shall be accompanied by a bond to the Town of Pomfret, approved as to form and sufficiency by the Town of Pomfret Attorney, in the penal sum determined by the Highway Superintended of the Town of Pomfret after review of the application, given by a security company authorized to transact business as such in this State, conditioned for the faithful performance of such work in accordance with the rules and regulations of the Town of Pomfret, conditioned upon the restoration of such places, roads or streets to the state or shape existing prior to the commencement of such permitted work, and a safe condition for the use thereof and thereafter by the public in accordance with specifications promulgated by the Town of Pomfret. The application for a permit shall also be accompanied by an insurance certificate naming the Town of Pomfret upon such policy and providing that the person making the application will protect, indemnify and save harmless the Town of Pomfret against and from any and all damages or claims for damages for injury to persons or property by reason of such permitted work which may arise during such permitted work or arising after the completion or abandonment of such permitted work. Such insurance certificate shall have liability limits of not less than the amount prescribed by the Highway Superintendent of the Town of Pomfret after review of said application form. Any person or entity, in pursuant of his, her or its regular employment, has frequent occasion to open or to make excavation in the public roads, highways or public places may file a bond in an amount determined by the Highway Superintendent of the Town of Pomfret after review of said application conditioned as above, to cover all excavations by it for a period of one (1) year from the date of filing, but permits for all excavations must be applied for with issuance herinabove required and issued as provided by this Article.

SECTION 7-Exemptions
A bond or insurance certificate as provided by the preceding section shall not be required to be furnished, in the discretion of the Town of Pomfret Highway Superintendent, when application for a permit is made by a utility regulated by the Public Service Commission of the State of New York.

The Installation of a driveway culvert to serve a single or two family residence in the Town of Pomfret shall be exempt from the permit fee and bonding requirements herin. But shall be required to furnish a written application showing the details of such installation and be required to obtain a permit.

SECTION 8-Issuance of Permits
The Town of Pomfret Highway Superintendent, after approval of the Town Board of the application, bond and insurance certificate, may, in its discretion, issue a permit as provided for in this local law, which shall state the name and address of the applicant; the location, the nature, purpose and extent of the excavation or opening or other work; and the dates of granting and of the expiration of such permit. The permit shall describe in detail the date and time during which such excavation shall be allowed, the safety measures required and the means by which repairs shall be made. The Town of  Pomfret Highway Superintendent may, in its discretion, require that boring be required under a Town road or street rather than allowing a cut or opening.

SECTION 9-Emergency Evacuation
IN case of an emergency arising when the office of the Town of Pomfret is not open for business, but an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Town of Pomfret Highway Superintendent, and he or she may grant permission to make the necessary excavation on the express condition that an application be made in the manner provided by this local law on or before 12:00 noon the next following business day.

SECTION 10- Temporary Patch
Any excavation or opening in the roads or street of the Town of Pomfret shall be closed with a temporary patch as soon as possible after the work requiring such excavation or opening shall have been completed. Such temporary patch shall be sufficiently stable that the repaired portion shall not be above or below the grade of the surrounding pavement and that normal traffic use by the general public will not be rendered dangerous or unsafe.

SECTION 11-Alternative to Bond Requirements
In lieu of the bond requirements set forth in Section Six a permittee, other than public utilities, may deposit with his/her application as a prerequisite to the issuance of such permit an amount of cash or by certified check which will, in the opinion of the Town of Pomfret Highway Superintendent, be sufficient to cover the entire cost of the final repair. Such amount shall be deposited with the Town of Pomfret clerk, and any excess not actually required to cover such cost shall be refunded to the permittee. The minimum amount to be deposited herunder shall be Two Thousand ($2,000) Dollars.
The amount provided in Subsection A shall be released after final inspection and approval of the work done by the Town of Pomfret Highway Superintendent, or his designee.

SECTION 12-Permit Fee
The fee to be paid upon application for the permit described in this Local Law shall be set by the Town Board of the Town of Pomfret by Town Board Resolution, and as from time to time amended.

SECTION 13-Penalties
Any person, firm or entity who violates any provision of this Local Law shall, upon conviction thereof, be subject to a fine not exceeding Two Hundred and Fifty ($250) Dollars or imprisonment for a term not exceed fifteen (15) days or both. The Town of Pomfret Highway Superintendent is also herby authorized to seek compensation for any damage done to any right of way in the Town of Pomfret. Each week the offense exists shall constitute a separate offense.

SECTION 14-Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of the State of New York.

COUNCILMAN SCHAEFFER
After a brief discussion with the board about the presentation from Solar Liberty, Councilman Schaeffer is going to work with the Town Clerk in compiling the data needed for the company to put together a proposal.

COUNCILMAN CHRISTY
Mr. Christy commented on the dedication of the Town Highway Department in keeping the Town roads clear and passable.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to appoint the following to the Fredonia/Pomfret Winter Recreation:
Name                          Address                                                           Rate
*Stephen Dando         8631 Fredonia-Stockton Rd., Fredonia          $10.00 / Hour
Robert Dando III         2230 Weaver Rd., Forestville, NY 14062      Min Wage
Andrew Sissem           6343 Ellicot Rd., Portland, NY 14769           Min Wage
Ryan Fisk                    11 Hillcrest Drive, Fredonia                          Min Wage
Roger DeJesus            177 W. Main St., Fredonia                             Min Wage
Jakeb Kelly                 314 E. Main St. Fredonia                               Min Wage
Steven Kelly               314 E. Main St. Fredonia                               Min Wage
*Youth Wrestling Coordinator
The motion was seconded by Councilman Johnston and carried unanimously.

COUNCILMAN JOHNSTON
Councilman Johnston will be meeting with the Mayor of Fredonia and Fredonia Trustee on January 15, 2015 for the purpose of the Fredonia/Pomfret Fire Contract.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow attended a FEMA meeting on January 14, 2014. He stated the Town did not meet the threshold to receive any money for the November snow storm. The state will be applying as a whole which may mean the town will get reimbursed for the storm expenses.

Councilman Christy made a motion to authorize Dan Bigelow, Highway Superintendent, to enter into an agreement with the NYSDOT for the road permit application for the year of 2015. The motion was seconded by Councilman Johnston and carried unanimously.

Councilman Christy made a motion to authorize the Highway Superintendent to attend ‘Advocacy Day’ in Albany, New York in March to represent both the Town of Pomfret and Chautauqua County. This is to be at a reasonable cost to the Town. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to authorize Highway Superintendent Bigelow to purchase a new 2015 F150 4x4 extended cab pick-up truck at County Bid for $28,247.00 from Van Bortel Ford in Rochester, New York. The motion was seconded by Councilwoman Eckman and carried unanimously.

TOWN ATTORNEY JEFFRETY PASSAFARO
The Village of Fredonia amended their sewer rents in June of 2014. A motion made by Supervisor Steger, seconded by Councilman Schaeffer to modify the Pomfret sewer rates to coincide with the Village as per the contract.

      DULY MOVED by Supervisor Steger, seconded by Councilman Johnston and carried, to adjourn the meeting at 8:07 P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk

 

January 14, 2015 Public Hearing Minutes

PUBLIC HEARING of the Town of Pomfret held January 14, 2015 at 6:15P.M. at the Pomfret Town Hall, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                        Attorney Jeffrey Passafaro

COUNCILPERSONS:  Ann Eckman
                                     Christopher Schaeffer
                                     Brett Christy
                                     Scott Johnston

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

The Town Clerk produced proof of Posting and Publication for the Public Hearing.

            Supervisor Steger opened the hearing, which was being held to consider a new local law. This would be Local Law #1 of 2015 –Town Rights of Way.
SECTION ONE-Purpose                  
The Town Board believes it prudent to adopt a local law to regulate the use of Town rights of way and to establish a permitting system to regulate such use and to regulate cuts and openings in and under Town rights of way.

SECTION TWO-Prohibition
NO person, individual, corporation, firm or any other legal or non-legal entity of any type or nature, shall use any right of way in the Town of Pomfret by placing any thing, object, line, wires, any type of pipe or any other item or device in said right of way, or tear up, burrow, bury, injure, destroy or bore under or along any Town road or right of way, or any part thereof, in the Town of Pomfret without first securing a permit as required under this local law.

SECTION THREE-Installation of Pipes, Line, and/or Culverts
No person, individual, corporation, firm or any other legal or non-legal entity of any type or nature, shall use any right of way in the Town of Pomfret by placing any thing, object, line, wires, any type of pipe, transmission line or culvert, or any other item or device in said right of way, or tear up, burrow, bury, injure, destroy or bore under or along any Town road or right of way, or any part thereof, in the Town of Pomfret and unless and until there has been full compliance with this local law and a permit granted by the Highway Superintendent of the Town of Pomfret, and approved by the Town Board.

SECTION FOUR-Permit Required
No person, individual, corporation, firm or any other legal or non-legal entity of any type or nature shall dig, change, burrow or bore under, nor lany any line, pipe or other device to transmit gas, water, sewer, cable, fiber optic or any other transmission or alter any road grade, right of way, or street in the Town of Pomfret, to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any road or streets or other public place within the limits of the Town of Pomfret, or change, raise or lower any grade, line boundary, or any of the other designated indications of the road lines, and streets or other public places within the limits of the Town of Pomfret, provided that a person may do any of such acts prohibited by the section as shall be permitted by a permit issued by the Highway Superintendent of the Town of Pomfret, or its authorized designee, pursuant to this Local Law, after formal application made and accompanied by a bond as provided in this Local Law.
SECTION FIVE-Application for Permit
Any person, individual, corporation, firm or any other legal or non-legal entity of any type or nature desiring to procure a permit, shall file with the Town of Pomfret Highway Superintendent a written application stating the name and business or residence address of the applicant, the name of the road, streets or public place in or under which it is desired to make the excavation or opening or otherwise, as the case may be, the name and business or residence address of the person for whose benefit the work is to be done, the lot or road number where the opening or excavation or other work is to be made and in the time during which it is desired such opening is to be permitted and the reason for the nature of such excavation, opening or work to be made. The application shall contain a map or drawing to scale showing the location, lineal feet, and depth of any lines, cables, pipes or other devices sought to be placed in the right of way.

SECTION SIX-Bond Required
The application for a permit as required by the above section shall be accompanied by a bond to the Town of Pomfret, approved as to form and sufficiency by the Town of Pomfret Attorney, in the penal sum determined by the Highway Superintended of the Town of Pomfret after review of the application, given by a security company authorized to transact business as such in this State, conditioned for the faithful performance of such work in accordance with the rules and regulations of the Town of Pomfret, conditioned upon the restoration of such places, roads or streets to the state or shape existing prior to the commencement of such permitted work, and a safe condition for the use thereof and thereafter by the public in accordance with specifications promulgated by the Town of Pomfret. The application for a permit shall also be accompanied by an insurance certificate naming the Town of Pomfret upon such policy and providing that the person making the application will protect, indemnify and save harmless the Town of Pomfret against and from any and all damages or claims for damages for injury to persons or property by reason of such permitted work which may arise during such permitted work or arising after the completion or abandonment of such permitted work. Such insurance certificate shall have liability limits of not less than the amount prescribed by the Highway Superintendent of the Town of Pomfret after review of said application form. Any person or entity, in pursuant of his, her or its regular employment, has frequent occasion to open or to make excavation in the public roads, highways or public places may file a bond in an amount determined by the Highway Superintendent of the Town of Pomfret after review of said application conditioned as above, to cover all excavations by it for a period of one (1) year from the date of filing, but permits for all excavations must be applied for with issuance herinabove required and issued as provided by this Article.

SECTION 7-Exemptions
A bond or insurance certificate as provided by the preceding section shall not be required to be furnished, in the discretion of the Town of Pomfret Highway Superintendent, when application for a permit is made by a utility regulated by the Public Service Commission of the State of New York.

The Installation of a driveway culvert to serve a single or two family residence in the Town of Pomfret shall be exempt from the permit fee and bonding requirements herein. But shall be required to furnish a written application showing the details of such installation and be required to obtain a permit.

SECTION 8-Issuance of Permits
The Town of Pomfret Highway Superintendent, after approval of the Town Board of the application, bond and insurance certificate, may, in its discretion, issue a permit as provided for in this local law, which shall state the name and address of the applicant; the location, the nature, purpose and extent of the excavation or opening or other work; and the dates of granting and of the expiration of such permit. The permit shall describe in detail the date and time during which such excavation shall be allowed, the safety measures required and the means by which repairs shall be made. The Town of Pomfret Highway Superintendent may, in its discretion, require that boring be required under a Town road or street rather than allowing a cut or opening.



SECTION 9-Emergency Evacuation
IN case of an emergency arising when the office of the Town of Pomfret is not open for business, but an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the Town of Pomfret Highway Superintendent, and he or she may grant permission to make the necessary excavation on the express condition that an application be made in the manner provided by this local law on or before 12:00 noon the next following business day.

SECTION 10- Temporary Patch
Any excavation or opening in the roads or street of the Town of Pomfret shall be closed with a temporary patch as soon as possible after the work requiring such excavation or opening shall have been completed. Such temporary patch shall be sufficiently stable that the repaired portion shall not be above or below the grade of the surrounding pavement and that normal traffic use by the general public will not be rendered dangerous or unsafe.

SECTION 11-Alternative to Bond Requirements
In lieu of the bond requirements set forth in Section Six a permittee, other than public utilities, may deposit with his/her application as a prerequisite to the issuance of such permit an amount of cash or by certified check which will, in the opinion of the Town of Pomfret Highway Superintendent, be sufficient to cover the entire cost of the final repair. Such amount shall be deposited with the Town of Pomfret clerk, and any excess not actually required to cover such cost shall be refunded to the permittee. The minimum amount to be deposited hereunder shall be Two Thousand ($2,000) Dollars.
The amount provided in Subsection A shall be released after final inspection and approval of the work done by the Town of Pomfret Highway Superintendent, or his designee.

SECTION 12-Permit Fee
The fee to be paid upon application for the permit described in this Local Law shall be set by the Town Board of the Town of Pomfret by Town Board Resolution, and as from time to time amended.

SECTION 13-Penalties
Any person, firm or entity who violates any provision of this Local Law shall, upon conviction thereof, be subject to a fine not exceeding Two Hundred and Fifty ($250) Dollars or imprisonment for a term not exceed fifteen (15) days or both. The Town of Pomfret Highway Superintendent is also herby authorized to seek compensation for any damage done to any right of way in the Town of Pomfret. Each week the offense exists shall constitute a separate offense.

SECTION 14-Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of the State of New York.

There was no public comment on the purposed Local Law.

            DULY MOVED by Supervisor Steger, seconded by Councilman Schaeffer and carried to close the Public Hearing at 6:20P.M.

Respectfully Submitted,

Allison Dispense
Town Clerk
 

January 5, 2015 Organizational Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 5, 2015

Present:                      Town Supervisor Donald Steger
                                    Town Clerk Allison Dispense
                                    Highway Superintendent Daniel Bigelow

Councilpersons:        Brett Christy
                                    Ann Eckman
                                    Scott Johnston

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                          $ 9,000
Councilperson                         (4)       $ 4,500 (each)
Town Justices                         (2)       $14,915(each)
Town Clerk                                         $35,888
Highway Superintendent                    $57,782

DULY MOVED by Supervisor Steger, seconded by Councilman Johnston 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 Roger Renswick to serve
on the Board of Assessment Review with the term expiring as listed below:

Michaelene Comerford          9/30/2015
                                              9/30/2016
Bonita Saletta                        9/30/2017
Kirk Hutchinson                     9/30/2018
Roger Renswick                    9/30/2019

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY 
Councilman Johnston appointed as Deputy Supervisor at the salary of $600.00.
DULY MOVED by CouncilmanChristy, seconded by Councilwoman Eckman and carried.

APPOINT DEPUTY TOWN CLERK 

Town Clerk Dispense appoints EvaDawn Bashaw as Deputy Town Clerk.

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

APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:

Kevin Muldowney – Assessor                                               $35,373.00 per year
Kathy Ludemann-Assessor Clerk                                          $15.00 per hour
Board of Assessment Review                                                $10.00 per hour
Warren Kelly-Code/Inspection Officer                                 $9,641.00 per year
Warren Kelly-Fire Inspector                                                  $2,719.00 per year
James DeJoe-Zoning Officer                                                 $7,114.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Boards      $12.06 per hour

Miriam Washington-Court Clerk                                          $12.90 per hour
Susan Graves- Court Clerk                                                    $15.00 per hour
William Valentine- Court Officer                                         $14.11 per hour
Wendy Kendall Miller-Court Officer                                    $13.66 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                                $12.06 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
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract  $15,000.00 per year
Bahgat & Laurito-Bahgat-Insurance Administrator              $2,000.00 per year

Audrey Schmoyer-Forest Hill Cemetery Records Keeper    $13,132.00 per year
Michaelene Comerford-Cemetery Records Keeper              $5,456.00 per year
Daniel Bigelow-Cemetery Maintenance Supervisor             $2,800.00 per year

Charles White(Includes $.50/Hr. for Dep. Highway Supt.)   $ 26.47 per hour
Richard McCloskey                                                                $25.80 per hour
Dennis Maslak                                                                        $25.23 per hour
Loren Laurito                                                                         
$23.08 per hour
Jude Gardner                                                                          $22.51 per hour
Jeff O’Brien                                                                            $19.03 per hour
David Dunlop                                                                         $18.98 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                                        $6,600.00 per year
Douglas Bunge-Assistant 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 Christy 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 DayColumbus Day
Martin Luther King DayElection Day
President’s Day Veteran’s Day
Good FridayThanksgiving & Day After
Memorial DayChristmas Day
July 4thBirthday (Floating day with proper
Labor Day 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 Johnston and carried.

TOWN OF POMFRET INSURANCE BENEFITS

Any insurance benefits offered by the Town of Pomfret are subject to approval by the Town
Board.  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 Johnston 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 Councilman Christy 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 Councilwoman Eckman 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 Johnston and carried.

TOWN DEPOSITORIES

Approve M&T Bank, Community Bank, MBIA CLASS Cooperative and Bank of
America 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 as 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 $ .55 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 Johnston 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 2015, with each term expiring the second Wednesday in January of the year listed below and with the reappointment of Robert Smith to serve on the Town Planning
Board with the term expiring the second Wednesday in January of the year listed below:

MEMBERS                 YEAR
                                    2016
Janet Szymanski         2017
Daniel Pacos               2018
James Joy-Chairman  2019
Robert Smith              2020

DULY MOVED by Supervisor Steger, seconded by Councilman Christy 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 2015, with each term expiring the second Wednesday in January of the
year listed below and the re-appointment of Ray Lewandowski to serve on the Zoning Board of
Appeals with their terms expiring the second Wednesday in January of the year listed below:

MEMBERS                             YEAR
Ruth Eckstrom                        2016
Samuel Allesi-Chairman        2017
                                               2017
Nancy Jankowski-Kubera      2018
David Fridmann                     2019
Ray Lewandowski                  2020

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman 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, 2015.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Johnston 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 Christy 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 meeting of the Pomfret Town Board will 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 Johnston and carried.

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads and remove at his
discretion for the year 2015.

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

CEMETERY FEES

Approve the following Forest Hill and Town of Pomfret Cemetery fees as follows:

FOREST HILL CEMETERY & 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
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 Christy 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, that 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 Johnston and carried.

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON

Appoint Supervisor Steger as Chairperson of the Lily Dale Sewer District for the year
2015 at a pay rate of $600.00 and that Councilman Johnston is appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilman Christy, seconded by Councilwoman Eckman 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 2015 at a rate of $500.00 for the year.

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

SUPERVISOR’S COMMITTEE APPOINTMENTS 

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

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

Motion to adjourn the meeting by Supervisor Steger, seconded by Councilman Johnston and carried.
Time: 5:27P.M.
Respectfully Submitted,

December 29,2014 Year End Meeting Minutes

SPECIAL MEETING of the Town Council of the Town of Pomfret held on December 29, 2014, at 5:00P.M. at the Town Building, 9 Day Street, Fredonia, New York.

PRESENT:     Supervisor Donald Steger
                        Town Clerk Allison Dispense
                        Highway Superintendent Daniel Bigelow
                      
COUNCILPERSONS
                        Christopher Schaeffer
                        Ann Eckman
                        Scott Johnston

            Supervisor Steger opened the Special Meeting for the purpose of conducting Town of Pomfret year-end business.  The Pledge of Allegiance was recited.

DULY MOVED by Supervisor Steger to approve the minutes of the December 10, 2014 Town Council meeting.  The motion was seconded by Councilman Johnston and carried.

APPROVAL OF THE PAYMENT OF BILLS

            DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman   to approve the payment of the bills as presented by the Town Clerk on Abstract #13. The motion was carried unanimously by a roll call vote.

GENERAL FUND TOWN WIDE                  $3,052.26
GENERAL FUND PART TOWN                  $144.31
HIGHWAY FUND PART TOWN                  $8057.96
LILY DALE SEWER DISTRICT                   $3,123.48
BERRY ROAD WATER DISTRICT             $475.94
CHESTNUT ROAD WATER DISTRICT      $243.00
NORTH END WATER DISTRICT                $782.48
RT.20 WATER                                             $134.70
RT.60 WATER                                             $478.00
RT.20 SEWER                                             $79.36
RT.60 SEWER                                             $7,144.20

BUDGET TRANSFERS

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the following General Fund Town wide Budget Transfers. With none opposed, the motion carried.

GENERAL FUND TOWNWIDE
$2,000 FROM A1910.4 Special Items Unallocated Insurance
            TO       A5182.4 Street Lighting Contractual

$1,500 FROM A1990.4 Contingent Account
            TO       A9030.8 Employee Benefits Social Security

$500 FROM A7620.4 Adult Recreation Contractual
         TO       A7620.41 Adult Recreation Contractual-Exercise Classes                

$145 FROM A8810.4 Cemetery Contractual
         TO      A8810.1 Cemetery Personal Services

$1,500 FROM A8810.4 Cemetery Contractual
            TO         A8810.12 Cemetery Contractual Services- Seasonal

$672 FROM A9060.81 Employee Benefits Dental Insurance
         TO       A9060.8   Employee Benefits Hospital & Medical Ins.

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the following General Fund Outside Village Budget Transfers. With none opposed, the motion carried.

GENERAL FUND OUTSIDE VILLAGE
Modify 2014 adopted budget by increasing Revenue Account B1603 Vital Stat Fees by $750 and by Increasing Expenditure Account B4020.1 Registrar of Vital Statisics by $750. For actual fees received in 2014.

DULY MOVED by Supervisor Steger and seconded by Councilman Johnston to approve the following Highway Fund Outside the Village Budget Transfers. With none opposed, the motion carried.

HIGHWAY FUND OUTSIDE VILLAGE
Modify 2014 Adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $4,741 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $4,741 For actual fees received in 2014.

$521 FROM DB9060.8 Employee Benefits & Medical Ins.
            TO    DB9060.81 Employee Benefits Dental Insurance

$59 FROM DB9060.8 Employee Benefits Hospital & Medical Ins.
            TO  DB9055.8 Employee Benefits Disability

$2,000 FROM DB5130.2 Machinery Equipment
            TO       DB5142.41 Snow Removal Fuel

$7,884 FROM DB5110.4 General Repairs Contractual
            TO       DB9950.0 Transfer to Capital Projects

$3,000 FROM DB5110.4 General Repairs Contractual
            TO       DB5142.4 Snow Removal Contractual

Town Clerk
The Fredonia Fire Department November report is on file in the clerk’s office. There were a total of 157 calls with 24 being within the Town of Pomfret.

The Town Historian’s 2014 Year-end report is on file in the Clerk’s Office.

The 2014 Forest Hill Year-end report has been received and is on file in the Clerk’s Office.  Sexton, Audrey Schmoyer, reported a total of 36 burials, 26 lots sold and 19 foundations installed with a total income of approximately $32,000.00

Town Cemetery Sexton, Michaelene Comerford’s, 2014 Town Cemetery Annual report is on file in the clerk’s office. A total of 25 graves were sold and 10 burials.

Supervisor Steger
Councilman Johnston made the motion authorizing the Supervisor to enter into a maintenance agreement with Eagle Systems for $515.00 for one year.  The motion was seconded by Councilman Schaeffer and carried.

Councilman Johnston made the motion to authorize the Supervisor to enter a one year agreement with Darwin’s Health Club for the fitness instructor in the amount of $35.00 per session. This amount is not to exceed $3,600.00. The motion was seconded by Councilman Schaeffer and carried.

Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Mary E. Seymour Library in the amount of $2,000.00. The motion was seconded by Councilman Johnston and carried.

Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Darwin Barker Library in the amount of $68,000.00 to be paid in four quarterly payments. The motion was seconded by Councilman Johnston and carried.

Councilman Johnston made the motion authorizing the Supervisor to enter into an agreement with the Cassadaga Lakes Association in the amount of $2,000.00 for weed removal. The motion was seconded by Councilwoman Eckman and carried.

Councilwoman Eckman made the motion authorizing the Supervisor to enter into an agreement with the Forest Lodge #166 in the amount of $6,600.00 for rent for the year of 2015. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger received a letter of resignation from Roger Britz, Board of Assessment Review. His resignation is effective immediately. Mr. Steger noted any individuals interested in serving on the Pomfret Board of Assessment Review to submit a letter. Councilwoman Eckman made a motion to accept Mr. Britz’s letter of resignation with regret. The motion was seconded by Councilman Schaeffer and carried.

Councilman Schaeffer
Mr. Schaeffer has been in contact with Tony Rizzo, Solar Liberty. He is going to invite Mr. Rizzo to the Pomfret Town Board meeting in January to discuss possible options for Town Hall and the Highway Barns.

Highway Superintendent Bigelow
Jude Gardner, Highway Employee, received his water license to operate in the Town of Pomfret.

Forest Hill Cemetery Sexton, Audrey Smoyer, has agreed to stay with the Town until the end of January. The Town is still seeking individuals interested.

Supervisor Steger made a motion to allow Highway Superintendent Bigelow to purchase a tailgate spreader box for a town highway truck. The amount is not to exceed $12,000.00. The motion was seconded by Councilman Schaeffer and carried.

Supervisor Steger made a motion to authorize Highway Superintendent Bigelow to declare two 2001 Peterbuilt trucks and one 1975 Caterpillar Road grader as surplus. The motion was seconded by Councilman Johnston and carried.

Supervisor Steger made a motion to authorize Highway Superintendent Bigelow to seek disposal of two 2001 Peterbuilt trucks, and one 1975 Caterpillar Road Grader at his discretion. He is to seek board approval before disposition of said equipment. The motion was seconded by Councilman Schaeffer and carried.

Supervisor Steger authorized Highway Superintendent Bigelow to seek reimbursement for storm related emergencies thru FEMA. The motion was seconded by Councilman Johnston and carried.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Johnston to adjourn the Special Meeting of the Town Board at 5:28 P.M. The motion carried.

 Respectfully Submitted,
Allison Dispense
Town Clerk
 

December 10,2014 Town Board Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held December 10, 2014 at 6:30 P.M. at the Town Building, 9 Day Street, Fredonia, New York.
                      
PRESENT:     Town Clerk Allison Dispense
                        Supervisor Donald Steger
                        Highway Superintendent Daniel Bigelow
Town Attorney Jeffrey Passafaro

COUNCILPERSONS:
                        Ann Eckman
                        Christopher Schaeffer
                        Scott Johnston
                        Brett Christy
                
DULY MOVED by Supervisor Steger and seconded by Councilman Johnston to approve the minutes of the November 12, 2014 Regular Town Board Meeting. The motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the minutes of the November 12, 2014 Public Hearing for the proposed local law on the tax cap. The motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the payment of bills on abstract # 12 as presented by the Town Clerk. The motion was carried by a roll vote.

General Fund Town Wide                 $9,331.25
General Fund Part Town                   $598.62
Highway Fund                                   $1,491.38      
Highway Fund Part Town                  $15,271.85
Lily Dale Sewer District                     $516.93
Chestnut Water District                     $33.00
Berry Road Water District                 $995.13
Van Buren Water District                  $750.00
North End Water District                   $3,757.05

DULY MOVED by Supervisor Steger and seconded by Councilman Schaeffer to approve the following budget transfers for the general fund town wide, the motion carried.

GENERAL FUND TOWNWIDE
$167.00 FROM A1990.4 Contingent Account
              TO       A1460.4 Records Management Contractual

$2,000.00 FROM A1990.4 Contingent Account
                 TO       A5182.4 Street Lighting Contractual

$1,500.00 FROM A1990.4 Contingent Account
                 TO       A9030.8 Employee Benefits Social Security

$1,000.00 FROM A7620.4 Adult Recreation Contractual
                 TO       A7620.41 Adult Recreation Contractual-Exercise classes

$5,000.00 FROM A8810.4 Cemetery Contractual
                 TO       A8810.12 Cemetery Personal Services-Seasonal

DULY MOVED by Supervisor Steger and seconded by Councilman Christy to approve the following budget transfers for the general fund outside the village, the motion carried.
 
GENERAL FUND OUTSIDE VILLAGE
$800.00 FROM B3620.2 Safety Inspection Equipment
              TO       B3620.4 Safety Inspection Contractual

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman to approve the following budget transfers for the Highway fund town wide, the motion carried.

HIGHWAY FUND TOWNWIDE
$2,000.00 FROM DA5120.4 Bridges Contractual
                 TO       DA5140.41 Misc. Brush & Weeds Fuel
          
TOWN CLERK REPORTS
Pomfret Town Historian report for December 2014 is on file in the Clerk’s Office.

Pomfret Town Justices reports for November 2014 are as follows:
                        Justice Pulci Total Cases: 157
                        Total Fines & Surcharges: $14,831.00

                        Justice Prince Total Cases: 148
                        Total Fine & Surcharges:  $15,356.00

The Fredonia Fire Department October 2014 report is on file in the Clerk’s office. There were a total of 169 calls with 27 being within the Town of Pomfret.
 
SUPERVISOR STEGER
Councilwoman Eckman made a motion to authorize the Supervisor into the following Resolution:
WHEREAS, S. St. George Enterprises, Inc. was retained by the Town of Pomfret to complete contract No. 12-1, North End Water District Phase 1-Waterline Installation, and
WHEREAS, additional work was required for the modification of meter pit and check valve pit drainage in seven (7) locations, and
WHEREAS, modifications are required by the New York State Department of Health and the Chautauqua County Department of Health in order to approve the overall Waterline Installation Project, and
NOW, THEREFORE BE IT RESOLVED, that the Pomfret Town Board authorizes change order No.3 as outlined in Attachment A in the amount not to exceed $17,985.00.
The motion was seconded by Councilman Johnston and carried.

A motion made by Councilwoman Eckman, seconded by Councilman Johnston to authorize the Supervisor to enter into an agreement with Wendel Engineering firm for the engineering proposal WDP No.3104-04 for additional services for the North End Water District, Phase 1. The motion carried.

The engineers presented to the board a contract with DFT for the Supervisory monitoring of the pump station on Webster Road. The cost for the purchase and installation of this service is $299.00 with a $29.95 monthly monitoring fee. After a discussion with the board, this contract has been tabled.

Supervisor Steger made a motion, seconded by Councilwoman Eckman to schedule a Public Hearing on January 14, 2015 at 6:15P.M. for a local law regulating the use of town rights of way within the Town of Pomfret. The motion carried.

COUNCILMAN SCHAEFFER
Mr. Schaeffer read a letter of thanks from Mr. Peter Tucker, FSU Professor, who expressed his gratitude for the Town allowing the use of the Forest Hill Cemetery during his student’s art exhibit.

COUNCILMAN CHRISTY
Mr. Christy attended his second meeting the LWRP. He stated he will be passing along surveys to board members and Clerk to distribute to the public on their input of their personal use and ideas for the waterfront areas in Northern Chautauqua County. Public meetings will be held in the near future on this revitalization project.

COUNCILWOMAN ECKMAN
Councilwoman Eckman made a motion to close Town Hall while there is a driving ban in the Village of Fredonia, verified by the Village Police Department. Town Hall may be closed early during inclement weather at the Town Clerk’s discretion. The motion was seconded by Councilman Johnston and carried.

Mrs. Eckman went on the record to respond to the comments made by the Observer. She drew no conclusions to the figures reported for the Pomfret Fire District, she was doing simple mathematics based on the contract figures between the Village of Fredonia and the Town of Pomfret.

COUNCILMAN JOHNSTON
Mr. Johnston informed the board and public there will be a joint meeting with the Town and the Village regarding the Fredonia Fire Department/Town of Pomfret Fire contract.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow stated the Forest Hill Cemetery Sexton, Audrey Smoyer, will be retiring at the first of the year. Tom Haines, Seasonal Highway Department Employee, is interested in the position. The position will be posted for the public.

There was a water main break on Berry Road in the Town of Pomfret. The leak was fixed by the Pomfret Highway Department.
 
DULY MOVED by Supervisor Steger, seconded by Councilman Johnston to adjourn the meeting at 7:40 P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk
 

November 12, 2014 Town Board Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held November 12, 2014 at 6:30 P.M. at the Town Building, 9 Day Street, Fredonia, New York.
                      
PRESENT:     Town Clerk Allison Dispense
                         Highway Superintendent Daniel Bigelow
                         Supervisor Donald Steger
                         Town Attorney Jeffrey Passafaro

COUNCILPERSONS:
                        Ann Eckman
                        Christopher Schaeffer
                        Scott Johnston
                        Brett Christy
                
DULY MOVED by Supervisor Steger and seconded by Councilman Christy to approve the minutes of the October 08, 2014 Regular Town Board Meeting. The motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilman Johnston to approve the minutes of the October 29, 2014 Public Hearing for the Lily Dale 2015 Fire contract. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilwoman Eckman to approve the minutes of Special Meeting held on November 5, 2014. The motion carried.

DULY MOVED by Supervisor Steger, seconded by Councilman Christy to approve the minutes of the November 5, 2014 Public hearing for the 2015 budget for the Town of Pomfret. The motion carried.

DULY MOVED by Supervisor Steger and seconded by Councilwoman Eckman to approve the payment of bills on abstract # 11 as presented by the Town Clerk with one addition for Daniel Smith in the amount of $70.40. The motion was carried by a roll vote.

General Fund Town Wide                  $11,857.53
General Fund Part Town                    $11,119.61
Highway Fund                                    $4,663.70      
Highway Fund Part Town                  $12,475.25
Lily Dale Sewer District                     $ 493.51
Chestnut Water District                     $ 3,187.19
Berry Road Water District                 $10,283.83
Van Buren Water District                  $40.00
North End Water District                   $108.25
Sewer District 1                                 $2,099.24
Sewer District 2                                 $1,374.23
Capital Projects                                 $148,456.37

TOWN CLERK REPORTS
Pomfret Town Historian report for November 2014 is on file in the Clerk’s Office.
Pomfret Town Justices reports for October 2014 are as follows:
                        Justice Pulci Total Cases: 171
                        Total Fines & Surcharges: $13,147.00

                        Justice Prince Total Cases: 198
                        Total Fine & Surcharges:  $18,756.00
The Fredonia Fire Department September 2014 report is on file in the Clerk’s office. There were a total of 156 calls with 24 being within the Town of Pomfret,

AUDIENCE CONCERNS
Robert Klavoon, Wendel Engineer, presented to the board a phase two project update. Wendel is continuing to work through funding options with Rural Development and are getting feedback on the scoring from EFC for the Phase 2 project. They are also looking at the water loss and bacteriological testing of the Berry Road Water District to see if there are any potential opportunities there as well.  Once this information is put together a recommendation will be made to the Town Board.
Several town residents were present to express their concern and lack of support on the possible reval in the Town of Pomfret.
Nancy Ortolano, Pomfret resident asked the board why a property cannot be re-assessed once it is sold. Mrs. Eckman and Mr. Steger both commented that it is against the law. You can only do so once a full, complete reval is completed by the Town.

Mr. Rodney Pennica spoke to the board in favor of the reval. He stated if properties are assessed fairly it will make and help things be more equitable. He stated that under assessed property owners usually do not grieve their assessments and over assessed properties usually end up getting lowered, forcing a “trajectory going in the wrong direction”.

Sheryl Tabone, Pomfret resident, addressed the board asking for permission for use of town roads for the annual “Cold Turkey” 5k run.

SUPERVISOR STEGER
Mr. Steger made a motion, seconded by Councilman Johnston authorizing the use of town roads pending receipt of route map and insurance for the November 27, 2014 annual “Cold Turkey” 5k run. Supervisor Steger-Aye, Councilman Schaeffer-Aye, Councilman Christy-Aye, Councilwoman Eckman-Abstained, Councilman Johnston-Aye. The motion carried.

A motion made by Mr. Steger, seconded by Councilwoman Eckman to schedule a year end meeting for December 29, 2014 at 5:00P.M. at Town Hall, 9 Day Street, Fredonia, NY. The motion carried.
Mr. Steger made a motion, seconded by Councilman Johnston to schedule an Organizational meeting for January 5, 2015 at 5:00P.M. at Town Hall, 9 Day Street, Fredonia, NY. The motion carried.

A motion made by Supervisor Steger, seconded by Councilman Christy to approve the 2015 Lily Dale Fire Contract at the amount of $28,578.00. The motion was carried unanimously by a roll call vote.

A motion made by Supervisor Steger, seconded by Councilman Schaeffer to allow the town to exceed the tax cap for the budget year 2015. Supervisor Steger-No, Councilman Schaeffer-No, Councilman Christy-No, Councilwoman Eckman-No, Councilman Johnston-Yes. The motion did not carry.

A motion made by Supervisor Steger, seconded by Councilman Johnston to adopt the prelimary 2015 budget. This budget reflects a Townwide Rate 3.9510926, increase of 0.02. Additional Outside Village rate of 1.5972603 and Total Outside Village rate of 5.5483530, increase of 0.20. Supervisor Steger-Aye, Councilman Schaeffer-Aye, Councilman Christy-Aye, Councilwoman Eckman-Aye, Councilman Johnston-Aye. The motion carried.

COUNCILMAN CHRISTY
Councilman Christy made a motion, seconded by Councilman Schaeffer to amend the 2015 budget line to add $150,000.00 for additional revenue by taxes for the purpose of a town wide revaluation. Supervisor Steger-No, Councilman Schaeffer-Aye, Councilman Christy-Aye, Councilwoman Eckman-No, Councilman Johnston-No. The motion did not carry.

HIGHWAY SUPERINTENDENT BIGELOW
Mr. Bigelow and Councilman Christy visited the mailbox situation in Van Buren. The board agreed that it is Mr. Bigelow’s opinion and discretion to make the decision whether or not to move the mailboxes to a safer location. The board will honor Mr. Bigelow’s authority.

TOWN ATTORNEY JEFFREY PASSAFARO
Mr. Passafaro has been in contact with the village. The new North End water District, Phase 1 is being charged the 1.7 rate. The rest of the Pomfret districts will be charged the same amount and the next bill cycle.

Mr. Passafaro attended the NRG gas line meeting last month. The town will have to issue permits to burrow under town roads for the new gas line. These permits will be issued at the discretion of the Highway Superintendent Mr. Bigelow.

DULY MOVED by Councilman Johnston, seconded by Councilwoman Eckman to adjourn the meeting at 7:58P.M.

Respectfully Submitted,
Allison Dispense
Town Clerk