June 09, 2021 Public Hearing Minutes-VB Solar Project

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 09, 2021 at 5:45P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer
                                  

The purpose of the public hearing is to review the application and hear public comments on Pomfret PV, LLC for a proposed solar photovolcaic generation facility, with a name plate capacity of 3,000 kw AC, at the point of common coupling with the existing 3-Phase Electrical Distribution System, operated by National Grid.   To be located on properties along Van Buren Road, identified on the Chautauqua County Tax Map as Section, Block, and Lot 112.00-3-1, 112.00-3-3, and 112.00-3-5, all in the Town of Pomfret.

            The applicant seeks a Special Use Permit under the Solar Facilities Regulation Law of the Town of Pomfret, Local Law No. 2 of 2016.  The application also seeks variances to certain requirements therein.  The proposed project is a stand-alone, ground mounted system, mounted on a fixed-tilt steel structure.  The system consists of solar photovolcaic modules and two Sungrow inverters, connected by two separate transformers.  Utilities installed underground, perimeter security fence to be installed.

Town Clerk Vento provided proof of posting and publishing and stated for the record the Town of Pomfret has not received the County Planning Board referral as of the hearing-There will be no action taken by the Town Board until this has been received.

Public Comment:
  • The following letter was submitted to Town Clerk Vento and read at the public hearing:
“Dear Supervisor Pacos and Pomfret Town Council,
This letter is in response to RIC Energy’s proposal to develop a 3.0 MW (megawatt) community solar farm at 4545 Van Buren Road which directly abuts several homes on Bernett Drive. 
For the following reasons, the residents of Bernett Drive and the surrounding neighborhood do not believe the solar farm should be situated in the designated location.
Close Proximity to the Bernett Drive residential properties.   
  • Because the proposed solar farm abuts the residential properties, we have significant safety concerns.  For example, the neighborhood children will be curious about the solar array equipment so close to their backyard and be tempted to explore dangerous areas near the solar arrays and transformers.
    • We are also concerned about the decrease in the property values of our homes because of the close proximity to the solar farm as documented in several studies including this one from the Providence Journal (Study: Solar farms reduce home values (providencejournal.com)Study results indicated at least a 7% decrease in property values of within a tenth of a mile from the solar farm location. 
Negative Visual and Aesthetic Impacts.   The property abutting the Bernett Drive residences is now a forested, wetland area with a drainage stream running through it.  There is an abundance of wildlife and forest vegetation.  The clear cutting of this property to make way for the solar farm will impose significant negative visual and aesthetic consequences to the impacted residential properties.  This current woodland view will be replaced by a stark view of an industrial solar panel array.  If the project is allowed to go forward, there will be a negative visual impact even with the planting of vegetation screening.  With seasonal loss of vegetation in late fall, winter, and early spring, the view will be negatively impacted yet another level.  The decreased vegetation will also likely increase the already significant wind and snow intensity in the neighborhood.  Loss of Natural Habitat-Forest. The solar farm development will also have a significant negative impact on the wildlife and the environment.  There will be a significant loss of the forest and animal habitat if this solar farm is allowed to proceed.  Currently this area is home to various small animals (rabbits, squirrels, chipmunks, etc.) as well as deer herds and a plethora of bird species, including flocks of wild turkey.  The presence of wetland areas in the designated site creates a challenge to planting new vegetation and tree growth. Stormwater Drainage Issues.  There is a long history of poor drainage issues on Bernett Drive.  The Bernett Drive properties and the property behind the residences designated for the proposed solar farm serve as a drainage path for the stormwater run-off for the larger surrounding neighborhoods (including but not limited to Ventura Circle).  Any change to the property behind the homes will have a serious negative impact on drainage and the groundwater accumulating and flooding occurring on residential properties. 
If, after consideration of the substantial reasons listed above, the Township agrees to permit the project to proceed, the residents of Bernett Drive, who are directly affected by this project, have the following recommendations:
Safety.  Create a 12-foot fence beyond the existing underbrush and trees to keep children and animals out of harm’s way in the solar farm (Wildlife and Children).  In addition, the transformer location needs to be situated at least 500 feet from the residential property lines. Visibility – Setbacks -- Keep at least 200 ft. of the current vegetation and trees behind the homes (and request that the entirety of that setback be added to the land conservancy).  Create a 12-foot-tall dirt berm behind the 200 ft setback to hide the solar panels from residences Plant grass and wild flowers (for honey bees) on the berm. Plant fast growing shrubs and trees, appropriate for the soil conditions. Make sure to plan for late fall, winter, and early spring visibility since it will be years before the planned vegetation and trees to grow to maturity Land Conservancy – Add the 200 ft. setback established behind the residences to the proposed conservancy footage/acreage include. Ongoing Care and Maintenance – RIC Energy should be responsible for creating two separate bonds of sufficient amounts for: a. the planting, maintenance, and care of the vegetation and growth for 10 years and b. the implementation of a decommissioning plan for the solar farm at the end of 20 years.  Each escrow will be maintained by the Town Clerk.
Further Questions/Suggestions for RIC Energy
 Surveying needs to be done to ensure that the correct property boundaries are used as the current maps and visualizations of the proposed project are inaccurate. There are willows growing in the wetland area of the proposed project.  Therefore, the planting of evergreens is incongruent within this habitat. What is the plan to address the drainage issue? Will there be battery storage on site? Specific questions regarding the planting of vegetation and trees -- the height of trees, the longevity of trees, the guarantee of trees, and the estimated percentage of blockage of visibility.
In Conclusion.  We recognize the critical importance of promoting solar energy in creating a more sustainable world.  However, building a solar farm abutting a residential area is not family friendly or best practice. It is our understanding that this is the first solar project in Chautauqua County in this close proximity to a residential area.  In light of this, we certainly believe that if this project is approved, significant setbacks and visual barriers, and other appropriate protections are entirely reasonable.  We urge the Pomfret Town Council to veto this special use permit.”



Signed:
Bernett Drive Neighbors (all residences are within the Village of Fredonia)

Lijun Dai and Lan Cheng
15 Bernett Dr.

Christine and James Givner
17 Bernett Drive

Dana and Kevin Lucas
21 Bernett Drive

Zenon M. and Rosemary R. Olow
23 Bernett Drive

Joe and Kim Woloszyn
25 Bernett Dr.

Richard and Susan Ketcham
22 Bernett Drive
 
  • The following letter was submitted:
Dear Supervisor Pacos and Pomfret Town Council,

“This memo is in response to RIC Energy’s proposal to develop a 3.0 MW (megawatt) community solar farm at 4545 Van Buren Road which directly abuts a triangular building lot within the Village of Fredonia which we own. The proposed solar farm abuts our building lot by 761.9 feet along the Fredonia Village line. 

We do not believe a solar farm should be situated in the designated location since this would definitely decrease the value of our building lot.  This building lot is connected to Chestnut Street by a 20-foot driveway.

We believe that this is a highly desirable building lot which would be a questionable building lot should the solar farm become a reality.”

Signed: Donna and Nick Danielson, 467 Chestnut St., Fredonia
  • Rick Ketcham, 22 Bernett Dr., addressed the board stating while he is a member of the Chautauqua County Planning Board, owning property near the proposed project site, he abstained from voting on this project at the County level. His main concern is the visibility of the project. Mr. Ketcham as John Reagan, RIC Development, the height of the arrays. Mr. Reagan responded stating the maximum height would be 12 feet.
  • Zenon Olow, 23 Bernett Dr., stated his concern is with the visibility of the project from the second story in his home. While there may be no visibility at the ground level, he assured he will be able to see solar panels from his house. He addressed the concern of hazardous waste material being used on the panels in the capacity of the anti-glare spray used to help deflect birds from flying into the panels. Mr. Reagan stated he was not aware if the anti-glare solution used was hazardous but would inquire on the product being used. Mr. Olow stated he is concerned with the property after the project is decommissioned. Currently the land is agriculture and after a project is decommissioned, he is concerned with the land becoming a ‘brown field’. He’s requesting a bond be added to help with the restoration and maintenance of the land once the project equipment is removed.
  • Dana Lucas, 21 Bernett Dr., stated she is not in favor of this project. She questioned the potential to sell a home in this area with solar farm so close. Her concern was the visibility of the project and questioned RIC Development of the placement of a berm was considered. The Engineer stated the project has taken great care to not create any drainage issues and to keep the existing drainage in place. The proposed project has a transformer being placed very near Mrs. Lucas’ property and has asked for it be removed. Mr. Reagan stated they will look to move this or eliminate it altogether from the project plan. The last consideration was to place the setback land in conversancy so that a future owner cannot take that land away.  
  • Christine Givner, 17 Bernett Dr., questioned the Storm Water Protection Plan and requested the Town Board review this plan carefully. Sheila, Wendel Engineer, stated the plan prepared and submitted does not change any drainage patters which are already in place now. She stated a berm would disturb the present ditch and would change the drainage pattern, which is why a berm has not been included in the plans. Mrs. Givner asked who would be responsible if a drainage issue arises. It was re-stated by RIC that the drainage in place currently will not change nor will the project add any. They suggested adding inspection of the ditches periodically.
  • Linda Granata, Pomfret Resident asked the board if this was a ‘done deal’? Supervisor Pacos responded stating this is an allowable use by Special Use Permit. This is not a proposed project by the Town, rather RIC Development and that the Town Board is the approving authority.

Town Board Comments:
  • Supervisor Pacos asked if the wires for power will be above ground or in ground and asked if additional plantings for the neighbors on the other side will take place. The response was the wires will be inground with the connection being above.
  • Councilman Christy addressed the placement and height of the poles for wires. He stated the ariel views on the site plans do not include the 45-foot poles. Mr. Reagan stated these poles for connection will be adjacent from the site entrance.
  • Councilwoman Eckman asked if vegetation on the Van Buren side of the project will be included, if trees will be planted and questioned the wildlife displacement. Mr. Reagan responded stated there is sensitivity to the wildlife and the DEC has analyzed for threated and endangered species. There would be no tree removal from the period of April 1-November 1 so there is no disturbance to the bat life in the area. The plan is to leave the conservancy donated land as is.
  • Councilman Sedota asked why the project was not being on land already concerned ‘brown field’. Asked if the land is damaged in any way, what is their responsibility to restore the land to its original state after decommissioning and removing of equipment. Mr. Reagan said the Town could include and require a plan to decommissions be evaluated every few years to keep the project up to date.


DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to close the Public Hearing at 7:01P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento
Town Clerk


 

June 09, 2021 Public Hearing Minutes-Local Law-Battery Energy Storage Systems

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 9, 2021 at 7:03P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer

The purpose of the Public Hearing is to hear comments from the public regarding the proposed Local Law- Battery Energy Storage systems in the Town of Pomfret.

Town Clerk Vento provided proof of posting and publishing.

Section One – Purpose    This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Pomfret, by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
A.   To provide a regulatory scheme for the designation of properties suitable for the location, construction and  operation of battery energy storage systems;
B.  To insure compatible land uses in the vicinity of the areas affected by battery energy storage systems;
C.  To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and
D.  To create synergy between battery energy storage system development and other alternative energy systems that may employ battery storage .

Section Two – Authority    The Town Board in enacting this legislation exercises authority granted to it under the New York State Constitution; Municipal Home Rule Law, and the Town Law of the State of New York which authorizes the Town to adopt zoning and land use provisions to protect the health, safety and welfare of persons and property within the Town.

Section Three – Definitions    As used in this Law, the following terms shall have the meanings indicated:
ANSI:  American National Standards Institute
BATTERY(IES):               A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically.  For the purposes of this law, batteries utilized in consumer products are excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM:  An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
BATTERY ENERGY STORAGE SYSTEM:  One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.  A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
A.  Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600 KWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
B.  Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 KWh or are comprised of more than one storage battery technology in a room or enclosed area.
CELL:  The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING:  A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING:  A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
1)  The building’s only use is battery energy storage, energy generation, and other electrical grid-related operations.
2)  No other occupancy types are permitted in the building.
3)  Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
4)  Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:
                a.  The areas do not occupy more than 10 percent of the building area of the story in which they are located.
                b.  A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
ENERGY CODE:  The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
FIRE CODE:  The fire code section of the New York state Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL):  A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
NEC:  National Electric Code.
NFPA:  National Fire Protection Association.
NON-DEDICATED-USE BUILDING:  All buildings that contain a battery energy storage system and do not comply with the dedicate-use building requirements.
NON-PARTICIPATING PROPERTY:  Any property that is not a participating property.
NON-PARTICIPATING RESIDENCE:  Any residence located on non-participating property.
OCCUPIED COMMUNITY BUILDING:  Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
PARTICIPATING PROPERTY:  A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.
UNIFORM CODE:  The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

Section Four – Applicability           
A.  The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or  modified in the Town of Pomfret after the effective date of this Local Law, excluding general maintenance and repair.
B.  Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall have nine (9) months from the date of enactment, to meet the requirements of this Local Law.
C.  Modifications to retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law.
D.  This Local Law shall apply to any and all battery energy storage systems whether free standing, connected with or arising out of a wind energy conversion system, solar energy conversion system, or any other energy conversion system requiring battery storage. This law shall supersede any other incompatible provision of local law.

Section Five – General Requirements
A.  A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
B.  Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”).
C.  All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structure that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code and the Town Code.


Section Six – Permitting Requirements for Tier 1 Battery Energy Storage Systems
Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the Uniform Code and the “Battery Energy Storage System Permit”, and exempt from site plan review.

Section Seven – Permitting Requirements for Tier 2 Battery Energy Storage Systems
Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use permit within the B-1, B-2, I-1, I-2 zoning districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this Section.
A.  Applications for the installation of Tier 2 Battery Energy Storage System shall be:
                1)  reviewed by the Code Enforcement Officer for completeness.  An application shall be complete when it addresses all matters listed in this Local Law including, but not necessarily limited to, (i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and (ii) matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment.  Applicants shall be advised within 20 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
                2)  subject to a public hearing to hear all comments for and against the application.  The Town Board of the Town of Pomfret shall have a notice printed in a newspaper of general circulation in the Town at least 10 days in advance of such hearing.  Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing.  Proof of mailing shall be provided to the Town Board at the public hearing.
                3)  referred  pursuant to General Municipal Law §239-m if required.
                4)  upon closing of the public hearing, the Town Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial.  The 62-day period may be extended upon consent by both the Board and applicant.
B.  Utility Lines and Electrical Circuitry.  All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles with new easements and right-of-way.

C.  Signage.
1)  The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.
2)  As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface.  A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
D.  Lighting.  Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
E.  Vegetation and tree-cutting.  Areas within 25 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth.  Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire.  Removal of trees should be minimized to the extent possible.
F.  Noise.  The 1-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 50 dBA as measured at the property line of any non-participating residence or occupied community building.  Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance.  The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrated compliance with this standard.
G.  Decommissioning.
1)  Decommissioning Plan.  The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility.  The decommissioning plan shall include:
                a.  A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site.
                b.  Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal          regulations;
                c.  The anticipated life of the battery energy storage system;
                d.  The estimated decommissioning costs and how said estimate was determined;
                e.  The method of ensuring that funds will be available for decommissioning and restoration;
                f.  The method by which the decommissioning cost will be kept current;
                g.  The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
                h.  A listing of any contingencies for removing an intact operational energy storage system from service,      and for removing an energy storage system from service that has been damaged by a fire or other event.
2)  Decommissioning Fund.  The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town in a form approved by the Town for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility.  This fund may consist of a letter of credit from a State of New York licensed-financial institution.  All costs of the financial security shall be borne by the applicant.
H.  Site plan application.  For a Tier 2 Battery Energy Storage System requiring a Special Use Permit, site plan approval shall be required.  Any site plan application shall include the following information:
                1)  Property lines and physical features, including roads, for the project site.
                2)  Proposed changes to the landscape of the site grading, vegetation cleaning and planting, exterior              lighting and screening vegetation or structures.
                3)  A [one-or three-line] electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
                4)  A preliminary equipment specification sheet that documents the proposed battery energy storage              system components, inverters and associated electrical equipment that are to be installed.  A final                equipment specification sheet shall be submitted prior to the issuance of building permit.
                5)  Name, address, and contact information of proposed or potential system installer and owner and/or operator of the battery energy storage system.  Such information of the final system installer shall be submitted prior to the issuance of building permit.
                6)  Name, address, phone number, and signature of the project Applicant, as well as all the property owners demonstrating their consent to the application and use the property for the battery energy storage system.
                7)  Zoning district designation for the parcel(s) of land comprising the project site.
8)  Commissioning Plan.  Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code.  Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval.  A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning.  A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to Code Enforcement/Zoning Enforcement Officer and Board prior to final inspection and approval and maintained at an approved on-site location.
                9)  Fire Safety Compliance Plan.  Such plan shall document and verify that the system and its associated controls, and safety systems are in compliance with the Uniform Code.
          10)  Operation and Maintenance Manual.  Such plan shall describe continuing battery energy storage                     system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information shall meet all requirements set forth in the Uniform Code.
          11)  Erosion and sediment control and storm water management plans prepared to New York State                         Department of Environmental Conservation standards, if applicable and to such standards as may be established by the Planning Board.  
          12)  Prior to the issuance of the building permit or final approval by the Town Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer.                   
          13)  Emergency Operations Plan A.  A copy of the approved Emergency Operations Plan shall be given to         the system owner, the local fire department, and local fire code official.  A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders.  The emergency operations plan shall include the following information:
                                a.  Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
                                b.  Procedures for inspection and testing of associated alarms, interlocks, and controls.
                                c.  Procedures to be followed in response to notifications from the Battery Energy Storage                Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
                                d.  Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors,       damage to critical moving parts, or other potentially dangerous conditions.  Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
                                e.  Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
                                f.  Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
                                g. Other procedures as determined necessary by the Town to provide for the safety of                                        occupants, neighboring properties, and emergency responders.
                                h.  Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
                14.          The applicant shall also submit to the Town a road use application in the event that overweight vehicles are required to transport some or all of the Battery Energy Storage System to the permitted site.  The purpose of the road use application is to protect the integrity of Town             rights-of-way.  The road use application may also require the posting of a bond for remediation following transportation of overweight vehicles on Town roads.  The road use application shall be made to the Highway Superintendent of the Town of Pomfret, if an application for a Battery Energy Storage System is granted under this law.
I.  Special Use Permit Standards.
                1.  Setbacks.  Tier 2 Battery Energy Storage Systems shall comply with the bulk area requirements of the underlying zoning district for principal structures.  Further, every part of the Battery Energy Storage System shall be set back 200 feet from the edge of any public right-of-way; and set back 200 feet                                   from all adjoining property lines of the premises hosting the system.
                2.  Height.  Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district.
                3.  Fencing Requirements.  Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a [7-foot-high] fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
                4.  Screening and Visibility.  Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms,        landscaping, or other screening methods that will harmonize with the character of the property and          surrounding area and not interfering with ventilation or exhaust ports.
J. Ownership Changes.  If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan.  A new owner or operator of the battery energy storage system shall notify the [Code Enforcement/Zoning Enforcement Officer] of such change in ownership or operator within [30] days of the ownership change.  A new owner or operator must provide such notification to the [Code Enforcement/Zoning Enforcement Officer] in writing.  The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Code Enforcement/Zoning Enforcement Officer in the required timeframe.  Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this Local law.
K.  All applications under this law for battery energy storage systems shall be before the Town Board.

Section Eight – Safety
A.  System Certification.  Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) with subcomponents meeting each of the following standards as then applicable:
                1)  UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).
                2)  UL 1642 (Standard for Lithium Batteries).
                3)  UL 1741 or UL 62109 (Inverters and Power Converter).
                4)  Certified under the applicable electrical building and fire prevention codes as required.
                5)  Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification                                requirements.
B.  Site Access.  Battery energy storage systems shall be maintained in good working order and in accordance with industry standards.  Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 Battery Energy Storage System is located in an ambulance district, the local ambulance corps.
C.  Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuity shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Section Nine – Permit time Frame and Abandonment
A.  The Special Use Permit and site plan approval for a battery energy storage system shall be valid for a period of [12] months, provided that a building permit is issued for construction [and/or] construction is commenced.  In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Board, within [12] months after approval, Town may extend the time to complete construction for [180] days.  If the owner and/or operator fails to perform substantial construction after [24] months, the approvals shall expire.
B.  The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year.  If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan.

Section Ten – Enforcement
Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulation of Town.

Section Eleven – Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

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


Public Comments
  • None


With no further public comments, a motion made by Councilwoman Eckman seconded by Councilman Schaeffer, to close the hearing at 7:04P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento
Town Clerk
 

June 09, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
7:06 P.M., June 09, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT:                              Town Counsel Jeffrey Passafaro
                                              

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                               Highway Superintendent Jude Gardner                    

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
May 12, 2021 Public Hearing-VB Water District. The motion was seconded by Councilman Christy. The motion carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the May 12, 2021 Public Hearing-Battery Storage Energy Systems proposed Local Law. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the
May 12, 2021 Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman. The motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #6 of 2021 with one addition, voucher # 47442 in the amount of $160.75 to Nielsen Fire Equipment, coming out of budget line A3510.4. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $20,788.63
General Fund Part Town        $426.44
Highway Fund Part Town       $204,691.31
Berry Water District               $22.69
North End Water District        $71.01
Lily Dale Sewer District         $7,178.61

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #26 of 2021 in the amount of $74,932.09 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE




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

GENERAL FUND TOWN WIDE
$200    FROM             A1990.4          Contingent Account
            TO                   A1920.4          Municipal Dues Contractual

HIGHWAY FUND OUTSIDE VILLAGE
$3,900             FROM             DB5130.4 Machinery Contractual
                        TO                   DB5130.2 Machinery Equipment

$141                FROM             DB9010.8 Employee Benefits State Retirement
                        TO                   DB9040.8 Employee Benefits Workers Compensation

DULY MOVED by Supervisor Pacos to approve the following budget modifications. The motion was seconded by Councilman Schaeffer and carried unanimously.

Modify 2021 adopted budget by increasing Revenue Account B2705 Gifts & Donations NCCF by $10,000 and by Increasing Expenditure Account B 8020.4 Planning Contractual by $10,000. *For Comprehensive Plan grant award from NCCF.

Modify 2021 adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $152,400 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $152,400.
*For 2021 funding allocations of CHIPS, Pave NY & Extreme Winter Recovery Programs.

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the May 2021 report of monies collected through the Town Clerk’s Office. A total of $8,830.80 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for May 2021 is as follows:
Justice Dietzen Total Cases: 103
                        Total Fine & Surcharges: $14,448.00

                        Justice Pulci Total Cases: 170
                        Total Fine & Surcharges: $12,455.00
  • The Historian Report for June 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The 2021 Town/County Tax Collection report has been distributed to the board along with the County Certificate of Satisfaction. It is on file with the Town Clerk.
  • The Fredonia Fire Department has issued their April and May monthly report.
April: A total of 116 calls with 19 being within the Town of Pomfret.
May:  A total of 150 calls with 33 being within the Town of Pomfret. Both reports are on file in the clerk’s office.
  • The Pomfret offices will be closed Friday, June 18th and Monday, July 5, 2021 in observance of Juneteenth Day and Fourth of July respectfully.

AUDIENCE CONCERNS
-None-









SUPERVISOR PACOS
  • A motion made by Councilman Schaeffer to approve Local Law #2 of 2021-Battery Energy Storage Systems, seconded by Councilman Christy and carried unanimously.
Section One – Purpose    This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Pomfret, by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
A.   To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;
B.  To insure compatible land uses in the vicinity of the areas affected by battery energy storage systems;
C.  To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and
D.  To create synergy between battery energy storage system development and other alternative energy systems that may employ battery storage.
Section Two – Authority    The Town Board in enacting this legislation exercises authority granted to it under the New York State Constitution; Municipal Home Rule Law, and the Town Law of the State of New York which authorizes the Town to adopt zoning and land use provisions to protect the health, safety and welfare of persons and property within the Town.
Section Three – Definitions    As used in this Law, the following terms shall have the meanings indicated:
ANSI:  American National Standards Institute
BATTERY(IES):        A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically.  For the purposes of this law, batteries utilized in consumer products are excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM:  An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.       
BATTERY ENERGY STORAGE SYSTEM:  One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.  A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
A.  Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600 KWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
B.  Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600 KWh or are comprised of more than one storage battery technology in a room or enclosed area.
CELL:  The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
COMMISSIONING:  A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
DEDICATED-USE BUILDING:  A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
1)  The building’s only use is battery energy storage, energy generation, and other electrical grid-related operations.
2)  No other occupancy types are permitted in the building.
3)  Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
4)  Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:
            a.  The areas do not occupy more than 10 percent of the building area of the story in which they are located.
            b.  A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
ENERGY CODE:  The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
FIRE CODE:  The fire code section of the New York state Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL):  A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
NEC:  National Electric Code.
NFPA:  National Fire Protection Association.
NON-DEDICATED-USE BUILDING:  All buildings that contain a battery energy storage system and do not comply with the dedicate-use building requirements.
NON-PARTICIPATING PROPERTY:  Any property that is not a participating property.
NON-PARTICIPATING RESIDENCE:  Any residence located on non-participating property.
OCCUPIED COMMUNITY BUILDING:  Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
PARTICIPATING PROPERTY:  A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.
UNIFORM CODE:  The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
Section Four – Applicability  
A.  The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or  modified in the Town of Pomfret after the effective date of this Local Law, excluding general maintenance and repair.
B.  Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall have nine (9) months from the date of enactment, to meet the requirements of this Local Law.
C.  Modifications to retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law.
D.  This Local Law shall apply to any and all battery energy storage systems whether free standing, connected with or arising out of a wind energy conversion system, solar energy conversion system, or any other energy conversion system requiring battery storage. This law shall supersede any other incompatible provision of local law.

Section Five – General Requirements
A.  A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
B.  Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”).
C.  All battery energy storage systems, all Dedicated Use Buildings, and all other buildings or structure that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code and the Town Code.
Section Six – Permitting Requirements for Tier 1 Battery Energy Storage Systems
Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the Uniform Code and the “Battery Energy Storage System Permit”, and exempt from site plan review.
Section Seven – Permitting Requirements for Tier 2 Battery Energy Storage Systems
Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use permit within the B-1, B-2, I-1, I-2 zoning districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this Section.
A.  Applications for the installation of Tier 2 Battery Energy Storage System shall be:
            1)  reviewed by the Code Enforcement Officer for completeness.  An application shall be complete when it addresses all matters listed in this Local Law including, but not necessarily limited to, (i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and (ii) matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment.  Applicants shall be advised within 20 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
            2)  subject to a public hearing to hear all comments for and against the application.  The Town Board of the Town of Pomfret shall have a notice printed in a newspaper of general circulation in the Town at least 10 days in advance of such hearing.  Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing.  Proof of mailing shall be provided to the Town Board at the public hearing.
            3)  referred pursuant to General Municipal Law §239-m if required.
            4)  upon closing of the public hearing, the Town Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial.  The 62-day period may be extended upon consent by both the Board and applicant.
B.  Utility Lines and Electrical Circuitry.  All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles with new easements and right-of-way.

C.  Signage.
1)  The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.
2)  As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface.  A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
D.  Lighting.  Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
E.  Vegetation and tree-cutting.  Areas within 25 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth.  Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire.  Removal of trees should be minimized to the extent possible.
F.  Noise.  The 1-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 50 dBA as measured at the property line of any non-participating residence or occupied community building.  Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance.  The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrated compliance with this standard.
G.  Decommissioning.
1)  Decommissioning Plan.  The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility.  The decommissioning plan shall include:
            a.  A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site.
            b.  Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal      regulations;
            c.  The anticipated life of the battery energy storage system;
            d.  The estimated decommissioning costs and how said estimate was determined;
            e.  The method of ensuring that funds will be available for decommissioning and restoration;
            f.  The method by which the decommissioning cost will be kept current;
            g.  The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
            h.  A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
2)  Decommissioning Fund.  The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town in a form approved by the Town for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility.  This fund may consist of a letter of credit from a State of New York licensed-financial institution.  All costs of the financial security shall be borne by the applicant.
H.  Site plan application.  For a Tier 2 Battery Energy Storage System requiring a Special Use Permit, site plan approval shall be required.  Any site plan application shall include the following information:
            1)  Property lines and physical features, including roads, for the project site.
            2)  Proposed changes to the landscape of the site grading, vegetation cleaning and planting, exterior lighting and screening vegetation or structures.
            3)  A [one-or three-line] electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
            4)  A preliminary equipment specification sheet that documents the proposed battery energy storage             system components, inverters and associated electrical equipment that are to be installed.  A final equipment specification sheet shall be submitted prior to the issuance of building permit.
            5)  Name, address, and contact information of proposed or potential system installer and owner and/or operator of the battery energy storage system.  Such information of the final system installer shall be submitted prior to the issuance of building permit.
            6)  Name, address, phone number, and signature of the project Applicant, as well as all the property owners demonstrating their consent to the application and use the property for the battery energy storage system.
            7)  Zoning district designation for the parcel(s) of land comprising the project site.
8)  Commissioning Plan.  Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code.  Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval.  A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning.  A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to Code Enforcement/Zoning Enforcement Officer and Board prior to final inspection and approval and maintained at an approved on-site location.
            9)  Fire Safety Compliance Plan.  Such plan shall document and verify that the system and its associated controls, and safety systems are in compliance with the Uniform Code.
          10)  Operation and Maintenance Manual.  Such plan shall describe continuing battery energy storage             system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information shall meet all requirements set forth in the Uniform Code.  
          11)  Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable and to such standards as may be established by the Planning Board.          
          12)  Prior to the issuance of the building permit or final approval by the Town Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer.          
          13)  Emergency Operations Plan A.  A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official.  A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders.  The emergency operations plan shall include the following information:
                        a.  Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
                        b.  Procedures for inspection and testing of associated alarms, interlocks, and controls.
                        c.  Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
                        d.  Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions.  Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
                        e.  Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
                        f.  Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
                        g. Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
                        h.  Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
            14.       The applicant shall also submit to the Town a road use application in the event that overweight vehicles are required to transport some or all of the Battery Energy Storage System to the permitted site.  The purpose of the road use application is to protect the integrity of Town           rights-of-way.  The road use application may also require the posting of a bond for remediation following transportation of overweight vehicles on Town roads.  The road use application shall be made to the Highway Superintendent of the Town of Pomfret, if an application for a Battery Energy Storage System is granted under this law.
I.  Special Use Permit Standards.
            1.  Setbacks.  Tier 2 Battery Energy Storage Systems shall comply with the bulk area requirements of the underlying zoning district for principal structures.  Further, every part of the Battery Energy Storage System shall be set back 200 feet from the edge of any public right-of-way; and set back 200 feet from all adjoining property lines of the premises hosting the system.
            2.  Height.  Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district.
            3.  Fencing Requirements.  Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a [7-foot-high] fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
            4.  Screening and Visibility.  Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms,    landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports.
J. Ownership Changes.  If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan.  A new owner or operator of the battery energy storage system shall notify the [Code Enforcement/Zoning Enforcement Officer] of such change in ownership or operator within [30] days of the ownership change.  A new owner or operator must provide such notification to the [Code Enforcement/Zoning Enforcement Officer] in writing.  The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Code Enforcement/Zoning Enforcement Officer in the required timeframe.  Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this Local law.
K.  All applications under this law for battery energy storage systems shall be before the Town Board.
Section Eight – Safety
A.  System Certification.  Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) with subcomponents meeting each of the following standards as then applicable:
            1)  UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).
            2)  UL 1642 (Standard for Lithium Batteries).
            3)  UL 1741 or UL 62109 (Inverters and Power Converter).
            4)  Certified under the applicable electrical building and fire prevention codes as required.
            5)  Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.
B.  Site Access.  Battery energy storage systems shall be maintained in good working order and in accordance with industry standards.  Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 Battery Energy Storage System is located in an ambulance district, the local ambulance corps.
C.  Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuity shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Section Nine – Permit time Frame and Abandonment
A.  The Special Use Permit and site plan approval for a battery energy storage system shall be valid for a period of [12] months, provided that a building permit is issued for construction [and/or] construction is commenced.  In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Board, within [12] months after approval, Town may extend the time to complete construction for [180] days.  If the owner and/or operator fails to perform substantial construction after [24] months, the approvals shall expire.
B.  The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year.  If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan.
Section Ten – Enforcement
Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulation of Town.
Section Eleven – Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section Twelve – Effective Date
This Local Law shall take effect immediately upon the filing with the Secretary of State of the State of New York.
  • A motion made by Councilwoman Eckman to accept the resignation of Pomfret Assessor, Kevin Muldowney, effective June 30, 2021 due to retirement. The motion was seconded by Councilman Sedota with regret and carried unanimously. The board thanked Mr. Muldowney for his years of service to the Town of Pomfret.
  • A motion made by Councilwoman Eckman to accept the resignation of Pomfret Board of Assessment Review member, Kirk Hutchinson, effective May 26, 2021. The motion was seconded by Councilman Christy with regret and carried unanimously. Mr. Hutchinson was thanked for his service on the Board of Assessment Review.
  • A motion made by Councilwoman Eckman to appoint Jeanne Ebersole to fulfill the vacancy created by a resignation effective July 1, 2021 with a term expiring September 30, 2025 at a rate of pay established in the 2021 budget. The motion was seconded by Councilman Christy and carried unanimously.
  • The Van Buren Solar Project has been tabled until next month’s meeting as the Clerk had not received the referral from the County Planning Board.
  • A motion made by Councilman Christy to approve the Municipal Solutions Inc., contract for the service of the Lily Dale and Van Buren Water Meter project. The cost is not to exceed $148.00 per hour plus expenses. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Schaeffer made the motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.
BE IT RESOLVED BY THE BOARD OF THE TOWN OF POMFRET AS FOLLOWS:
WHEREAS, the Town Board of the Pomfret, New York is considering the financing and construction of improvements to the new Town of Pomfret Van Buren Water District to upgrade several outdated existing water mains that serve the northern portion of the Town of Pomfret. The water district includes approximately 12, 200 linear feet of 8-inch and 6-inch water main. The water main will be replaced on portions of Bayshore Drive, Lake Road, Lakeside Boulevard Extension, Central Ave, Van Buren Bay Road, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, and Van Buren Road (C.R. 73) and will service approximately 292 residential, commercial, and agricultural properties; and
WHEREAS, to aid the Board in determining whether such Project and financing and other actions of the Board in connection therewith (the ‘action’) might have a significant effect on the environment, the Board caused to be prepared an environmental assessment form or similar information (‘EAF’), a copy of which it attached hereto; and
WHEREAS, the Board duly reviewed the EAF and related documents with respect to the above-referenced project and duly considered the impacts which may be expected to result from the proposed action with the criteria set forth in the State Environmental Quality Review Act and the applicable regulations promulgated there under (‘SEQRA’); and
WHEREAS, the Board determined that the project was a ‘Type 1 Action’ pursuant to SEARA; and
WHEREAS, the Board determined that the project involved one or more involved agencies, mandating a coordinated review; and
WHEREAS, the Board duly notified the other involved agencies pursuant to 6 NYCRR 617.6(3)(i) and indicated its willingness to be designated Lead Agency status; and
WHEREAS, all of the involved agencies have consented to the Board’s request to be designated Lead Agency status; and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF POMFRET DECLARES TO BE LEAD AGENCY FOR THE PROJECT FOR THE PROPOSED ACTION AND THEREFORE RESPONSIBLE FOR DETERMINING WHETER AN ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED IN CONNECTION THEREWITH AND OTHERWISE COMPLYING WITH THE PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF SEQRA;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF POMFRET, NEW YORK AS FOLLOWS:
Based upon the review by the Board of the EAF and other necessary criteria, the Board hereby finds and determines that the proposed action is an ‘Type 1 Action’ under SEQRA and will result in no significant impacts and therefore, such action is not one which ‘may include the potential for at least one significant adverse environmental impact,’ (b)’there will be no significant adverse environmental impacts,’ and (c) no ‘environmental impact statement’ need be prepared, as such quoted terms are defined in SSEQRA. Reasons supporting this determination are attached hereto and hereby made a part of this resolution for the purposes of SEQRA. This determination constitutes a negative declaration for purposes of SEQRA and it has been prepared in accordance with Article 8 of the Environmental Conservation Law. A copy of this resolution shall be placed on file in the office of the Town Clerk, where the same shall be available for public inspection during business hours and usch notice of negative declaration shall be filed in such offices, posted in such places and published in such manner as shall be necessary to conform to the requirements of SEQRA.
The resolution shall take effect immediately.
  • Councilman Sedota made a motion to approve the following resolution for the Van Buren Water District Improvements. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, has heretofore caused a map, plan and report of proposed Improvements in the Van Buren Water District in said Town, together with an estimate costs thereof, to be prepared by CPL Engineers, competent engineers licensed in the State of New York; and
WHEREAS, upon completion of said map, plan and report and estimate of costs, and the filing thereof in the Office of the Town Clerk, the Town Board of said Town adopted and Order calling a public hearing thereon, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of New York, describing in general terms the proposed improvements, being the installation of approximately Nine Thousand, Two Hundred (9,200) lineal feet of Eight Inch water main, and Three Thousand (3,000) lineal feet of Six Inch water main, together with such other furnishings, equipment, machinery, and apparatus required therefore, specifying the estimated expenses thereof, not to exceed One Million, Eight Hundred, Thirty-Eight Thousand (1,838,000) Dollars and stating that the Town Board would meet to hear all persons interested in the subject matter thereof on May 12, 2021, at 6:00P.M. at the Town Hall, 9 Day Street, Fredonia, New York; and
WHEREAS, a Public Hearing was held at the time and place aforesaid, in the same manner described, at which time all persons interested in the subject matter, were given an opportunity to be heard,
NOW THEREFORE, upon the evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
The Notice of Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory; The construction of the improvements herein described is in the public interest; Prior to soliciting competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further,
ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed One Million, Eight Hundred, Thirty-Eight Thousand Dollars ($1,838,000.00), the amount stated in the Notice of hearing as the maximum cost of the increase and improvement of the facilities; and it is further
ORDERED that the expense of said increase and improvements of facilities shall be assessed, levied, and collected from the several lands or parcels of land within the district, so much upon and from each as assessed for this ad valorem district; and it is further
ORDERED that the Town Board, in the name of the District, shall accept the financing proposal made to it by U.S.D.A., Rural Development, and may issue its serial bonds, to finance all or part of the improvements, and any amounts received from grants of federal and state funds, shall be applied to the cost of said increase and improvement of facilities, or toward redemption of any bonds issued therefore, or budgeted as an offset to assessments for payment of the principal and interest thereon; and it is
FURTHER ORDERED that the Town Clerk shall record a copy of this order in the office of the County Clerk of the County of Chautauqua as required under Section 195 of the Town Law of the State of New York.
 
  • Councilman Christy made a motion to approve the following resolution, seconded by Councilwoman Eckman and carried unanimously.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York (the “Town”), has established the Van Buren Water District (the “District”); and
WHEREAS, the Town Board has determined, by resolution, to undertake a certain water system capital improvements project within the District; and
WHEREAS, the Town Board has determined to proceed with such project; and
WHEREAS, the Town Board took the following actions with respect to such project: (a) received maps and plans for such project, (b) held a public hearing with respect to such project, (c) determined that such project would not have a significant adverse effect on the environment under Article 8 of the Environmental Conservation Law, (d) determined that the requirements of Article 12 of the Town Law had been satisfied with respect to such project and (e) determined to undertake such project; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance at least a portion of the costs of such project.
NOW THEREFORE,
BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1.   The Town is hereby authorized to undertake a water system capital improvements project that will generally consist of (but not be limited to), the installation of approximately 12,200 linear feet of water main along various roads in the Town, along with the installation of fire hydrants, valves and appurtenances, as well as other such improvements as more fully identified in (or contemplated by) such map, plan and report prepared in connection with such project, all of the forgoing to include all necessary site work, equipment, apparatus and other preliminary work (including design and survey) as well as other improvements and costs incidental thereto and in connection with the financing thereof (the “Project”).  The estimated maximum cost of said purpose is $1,838,000.

SECTION 2.   The Town Board plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $1,838,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received including, but not limited to, grant funds expected to be received from the United States of America – Rural Development Agency.  Unless paid from other sources or charges, the cost of such improvement is to be paid by the issuance of serial bonds and by the assessment, levy and collection from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges to pay the principal of and interest on said bonds as the same shall become due and payable, except as otherwise provided by law.
SECTION 3.   It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years.
SECTION 4.   Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.
SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
SECTION 6.   The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year.  Unless paid from other sources or charges, the cost of the Project shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.  Should the assessments upon benefited real property be insufficient to pay the principal of and interest on such bonds, there shall annually be levied on all taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7.   Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 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 of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details 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 notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
SECTION 8.   The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in this resolution.
SECTION 9.  This resolution shall constitute the declaration (or reaffirmation) of the Town’s “official intent” to reimburse the expenditures authorized in this resolution with the proceeds of the bonds, notes or other obligations authorized herein, as required by United States Treasury Regulations Section 1.150-2.
SECTION 10. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 12. The Town Supervisor is further authorized to call in and redeem any outstanding obligations that were authorized hereunder (at such times and in such amounts and maturities as may be deemed appropriate after consultation with Town officials and the Town’s municipal advisor), to approve any related notice of redemption, and to take such actions and execute such documents as may be necessary to effectuate any such calls for redemption pursuant to Section 53.00 of the Local Finance Law, with the understanding that no such call for redemption will be made unless such notice of redemption shall have first been filed with the Town Clerk.

SECTION 13. To the extent applicable, the Town Supervisor is hereby authorized to execute and deliver in the name and on behalf of the Town a project financing agreement prepared by the New York State Environmental Facilities Corporation (“EFC”) (the “Project Financing Agreement”).  To the extent applicable, the Town Supervisor and the Town Clerk and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the Project Financing Agreement.

SECTION 14. The Town has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under SEQRA is necessary.
                
SECTION 15. In the absence or unavailability of the Town Supervisor, the Deputy Town Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.

SECTION 16. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1)        (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 publication of this resolution are not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication; or
(2)        Said obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 17.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.
SECTION 18.  This Resolution is effective immediately.
The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:
AYES: 5
  • Councilwoman Eckman made a motion to approve the amended contract with Ingalls Planning & Design for the Town of Pomfret, Village of Fredonia Comprehensive Plan at a cost not to exceed $60,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Code Enforcement Officer filed his monthly report and is on file with the Town Clerk.
  • Supervisor Pacos updated the board on the Lily Dale Water District. The board is waiting for approval from the Supreme Court in regards to the easement agreements.
  • Councilwoman Eckman made a motion to approve the Pomfret Historian request to use Pioneer Cemetery for a walking tour during the Fredonia History Days Festival on July 10, 2021. The motion was seconded by Councilman Christy and carried unanimously.
  • Town Attorney Passafaro advised the board of the local options under the New Cannabis State Law. After discussion with the Board, they have advised Attorney Passafaro to draft language for changing use in certain zones to refer to the Planning Board for their input.
  • Supervisor Pacos distributed a project update to the Town Board.
  • Forest Hill Cemetery is looking to purchase a columbarium for cremated remains. Councilwoman Eckman stated she will check with the Northern Chautauqua Community Foundation for permission to use monies from the endowment fund for the project. Councilman Christy will speak with the highway superintendent to discuss the option of the highway department conducting the installation.
  • Supervisor Pacos is waiting to hear back from a representative of the Village of Fredonia in regards to the option of combining the Village of Fredonia and Town of Pomfret courts.
COUNCILMAN CHRISTY
  • Councilman Christy suggested the board move to electronic packets for the board meetings to cut down on the cost of paper. It was asked for all to consider and respond at next meeting with their preference.
  • The Town has requested from the Fredonia Fire Department the number of paid staff vs. the number of volunteers and also a copy of their budget. The fire protection contract is up 12/31/2021 and the negations would like to get under way. Mr. Pacos stated he will reach out to Village Trustee Britz for this information.
  • Mr. Christy has visited the Pomfret Highway Barns and stated he is very impressed with the roof replacement project progress.

COUNCILWOMAN ECKMAN
  • The Festivals Fredonia will hold their Italian Festival at the Fredonia Beaver Club on June 26, 2021 beginning at 12:00 P.M.

COUNCILMAN SEDOTA
-No Report-

COUNCILMAN SCHAEFFER
-No Report-

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The May work report was been distributed to the board.
  • Supervisor Pacos made a motion, on the recommendation of Highway Superintendent Gardner to approve the hire of Andrew Field, 3509 Webster Rd., Fredonia as a seasonal employee at minimum wage, not to exceed 35 hours per week. The motion was seconded by Councilwoman Eckman and carried unanimously.

TOWN ATTORNEY PASSAFARO
-No Report-

DULY MOVED by Councilman Schaeffer to close the Regular Town Board Meeting, seconded by Councilman Sedota at 8:17P.M. The motion carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

May 12, 2021 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, May 12, 2021 at 5:46P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer

ABSENT:      Town Clerk Allison Vento
                                  
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the Public Hearing is to hear comments from the public regarding the proposed Local Law- Battery Energy Storage systems in the Town of Pomfret.


Deputy Clerk Renckens provided proof of posting and publishing.

Section One- Purpose
This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Pomfret, by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of a battery energy storage systems; To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and To create synergy between battery energy storage system development and other alternative energy systems that may employ battery storage.

Section Two- Authority
The Town Board enacting this legislation exercises authority granted to it under the New York State Constitution; Municipal Home Rule Law, and the Town Law of the State of New York which authorizes the Town to adopt zoning and land use provisions to protect the health, safety and welfare of persons and property within the Town.

Section Three- Definitions As used in this law, the following terms shall have the meanings indicated:

ANSI: American National Standards Institute

Battery(ies): A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements.

Battery Energy Storage Management System: An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

Battery Energy Storage System: One of more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:

Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
B. Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600kWk or are comprised of more than one storage battery technology in a room or enclosed area.

Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

Commissioning: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

Dedicated-Use Building: A building that is bult for the primary intention of housing battery energy storage system equipment, is classified as Group F1 occupancy as defined in the International Building Code, and complies with the following:
The building’s only use is battery energy storage, energy generation, and other electrical grid-related operations No other occupancy types are permitted in the building. Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems. Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, providing the following: The areas do not occupy more than 10 percent of the building area of the story in which they are located. A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

Energy Code: The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.

Fire Code: The fire code section of the New York State Uniform Fire Prevention and Building Code Adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

Nationally Recognized Testing Laboratory (NRTL): A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

NEC: National Electric Code

NFPA: National Fire Protection Association

Non-Dedicated Use Building: All buildings that contain a battery energy storage system and do not comply with the dedicate-use building requirements.

Non-Participating Property: Any property that is not a participating property.

Non-Participating Residence: Any residence located on non-participating property.

Occupied Community Building: Any building in Occupancy Group A, B, E, I, R as defined in the International Building Code, including but not limited to schools, colleges, daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.

Participating Property: A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.

Uniform Code: The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

Section Four- Applicability
The requirements of this Local Law shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Pomfret after the effective date of this Local law, excluding general maintenance and repair. Battery energy storage systems constructed or installed prior to the effective date of this Local Law shall have nine (9) months from the date of enactment, to meet the requirement of this Local Law. Modifications to retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Local Law. This Local Law shall apply to any and all battery energy storage systems whether free standing, connected with or arising out of a wind energy conversion system, solar energy conversion system, or any other energy conversion system requiring battery storage. This law shall supersede any other incompatible provision of local law.

Section Five-General Requirements
A building permit and an electrical permit shall be required for installation of all battery energy storage systems. Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA). All battery energy storage systems, all dedicated Use Buildings, and all other buildings or structure that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the energy code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code and the Town Code.

Section Six-Permitting Requirements for Tier 1 Battery Energy Storage Systems
Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to the Uniform Code and the ‘Battery Energy Storage System Permit”, and exempt from site plan review.

Section Seven- Permitting Requirements for Tier 2 Battery Energy Storage Systems
Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special use permit within the AR1, B-1, B-2, I-1, I-2 zoning districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.
A. Applications for the installation of Tier 2 Battery Energy Storage System shall be:
1). Reviewed by the Code Enforcement Officer for completeness. An application shall be complete when it addresses all matters listed in this Local Law including, but not necessarily limited to, (i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and (ii) matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation, and Tree-Cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment. Applicants shall be advised within 20 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

2). Subject to a public hearing to hear all comments for and against the application. The Town Board of the Town of Pomfret shall have a notice printed in a newspaper of general circulation in the Town at least 10 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Town Board at the public hearing.
3). Referred pursuant to General Municipal Law 239-m if required.
4). Upon closing of the public hearing, the Town Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the Board and applicant.

Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles with new easements and right-of way.

Signage.
1). The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contract information, including reach-back phone number.
2). As required by NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of tress should be minimized to the extent possible.

Noise. The 1-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 50 dBA as measured at the property line of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to be demonstrated compliance with this standard.

G. Decommissioning.
                        1). Decommissioning Plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:
                        a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

                        b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
                        c. The anticipated life of the battery energy storage system;
                        d. the estimated decommissioning costs and how said estimate was determined;
                        e. the method of ensuring that funds will be available for decommissioning and restoration;
                        f. the method by which the decommissioning cost will be kept current;
                        g. the manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
                        h. a listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
                        2). Decommissioning Fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town in a form approved by the Town for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant.

H. Site plan application. For Tier 2 Battery Energy Storage System requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information:
            1). Property lines and physical features, including roads, for the project site.
            2). Proposed changes to the landscape of the site grading, vegetation cleaning and planting, exterior lighting and screening vegetation or structures.
            3). A (one-or three-line) electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
            4). A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters, and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
            5). Name, address, and contact information of proposed or potential system installer or owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
            6). Name, address, phone number, and signature of the project applicant, as well as all the property owners demonstrating their consent to the application and use the property for the battery energy storage system.
            7). Zoning district designation for the parcel(s) of land comprising the project site.
            8). Commissioning Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to Code Enforcement/Zoning Enforcement Officer and Board prior to final inspection and approval and maintained at an approved on-site location.
            9). Fire Safety Compliance Plan. Such plan shall document and verify that the system and its associated controls, and safety systems are in compliance with the Uniform Code.
            10). Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information shall meet all requirements set forth in the Uniform Code.
            11). Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable and to such standards as may be established by the Planning Board. \
            12). Prior to issuance of the building permit or final approval by the Town Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer.
            13). Emergency Operations Plan A. A Copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders, the emergency operations plan shall include the following information:
            a. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
            b. Procedures for inspection and testing of associated alarms, interlocks, and controls.
            c. Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
            d. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de=energizing equipment, and controlling and extinguishing the fire.
            e. Response considerations similar to safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
            f. Procedures for dealing with battery energy storage system equipment damage in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damage battery energy storage system equipment from the facility.
            g. Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
            h. Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

I. Special Use Permit Standards.
            1). Setbacks. Tier 2 Battery Energy Storage Systems shall comply with the setback requirements of the underlying zoning district for principal structures.
            2). Height. Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district.
            3). Fencing Requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a 7-foot-high fence with self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
            4). Screening and Visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports.

J. Ownership Changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator shall notify the Code Enforcement/Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Code Enforcement/Zoning Enforcement Officer in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Code/Zoning Enforcement Officer in the required timeframe. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this local law.

K. All applications under this law for battery energy storage systems shall be before the Town Board.

Section Eight-Safety
System Certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards as then applicable:
1). UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).
2). UL 1642 (Standard for Lithium Batteries)
3). UL 1741 or Ul 62109 (Inverters and Power Converter).
4). Certified under the applicable electrical building and fire prevention codes as required.
5). Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site Access Battery Energy Storage Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 Battery Energy Storage System is located in an ambulance district, the local ambulance corps. Battery Energy Storage Systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuity shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

Section Nine- Permit time Frame and Abandonment
The Special Use Permit and site plan approval for a battery energy storage system shall be valid for a period of 12 months, provided that a building permit is issued for construction and/or construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Board, within 12 months after approval, Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner/operator fails to comply with decommissioning upon any abandonment, the Town may, at it discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan.

Section 10-Enforcement
Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulation of the Town.

Section Eleven- Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgement of any court competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

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


Public Comments
  • None
Board members held discussions regarding items in the proposed local law. Language in law to be altered regarding: road use agreement, removal of AR1, reduction in the size of Tier 1 as well as an increase in vegetation buffers.

With no further public comments, Councilman Christy made a motion to adjourn the meeting until June 9th at 6:15 P.M., seconded by Councilwoman Eckman, the hearing was adjourned at 6:04 P.M. as the motion was carried unanimously.

Respectfully Submitted,

Ann Renckens, Pomfret Deputy Town Clerk
 

May 12, 2021 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, May 12, 2021 at 6:06P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer

ABSENT:       Town Clerk Allison Vento
                                  
 The purpose of the Public Hearing is to hear comments from the public regarding the proceeding for the increase and improvement of facilities of Van Buren Water District in the Town of Pomfret.
The Town Board of the Town of Pomfret on behalf of its Van Buren Water District in the Town, has requested CPL Engineers, duly licensed in the State of New York, to prepare a preliminary map, plan, and report for the increase and improvement of facilities of the District consisting of the installation of approximately 9, 200 lineal feet of eight (8) inch water main and 3,000 lineal feet of six (6) inch water main, and including land or rights in land, furnishings, equipment, machinery, and apparatus required therefore; and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated February 2021, and have estimated the maximum cost thereof to be expended, One Million, Eight Hundred, Thirty Eight Thousand ($1,838,000.00 Dollars).

Deputy Clerk Renckens provided proof of posting and publishing.

Present via zoom, Eric Wies, Clark Patterson Lee, engineer for the project. Mr. Wies gave an overview of the project to restore pressure and water flow to an unreliable water system. The project is estimated at 1.838 million dollars. A grant from the USDA Rural Development has been secured, the remainder of the project would be paid through a low interest loan. Residents of the water district will pay for the project based upon assessed property value. Estimated on median home value, residents would pay approximately $351.00 on their Town/Cunty property tax bill. Homeowners that deviate from the median home value, can calculate an estimate by using $11.15 per $1,000 assessed home value. Project could be completed by the beginning of 2022 summer season.

Public Comments

Marty Webster, owns multiple parcels that run across both Pomfret and Portland, asked if the water supply was going to be conjoined and if fire hydrants would be upgraded. Supervisor Pacos expressed that Pomfret will only be replacing existing lines and not become part of the Portland Water District. Eric Wies responded stating that fire hydrants would be upgrade.

Jim Wilharm of PNC Bank, Pittsburgh questioned the length of time that water service will be off and if internal access of homes would be necessary. Eric Wies expressed outages would be those of very limited interruption and communicated with residents prior to service interruption, internal access to homes would not be necessary.

JoAnn Inzinna, of Van Buren questioned how the project would financially affect her. Eric Weise responded stating residents of district will pay for the cost replacing the pipes at an estimated cost of $11.15 per $1,000.00 of their assessed home value.

Julie Bartlett, questioned district boundaries. Supervisor Pacos responded Van Buren Water District extends to areas outside of Van Buren Bay including the other side of Route 5. Eric Wies stated that the lines stop an estimated 2,000 ft. from Route 5 going up Van Buren Road towards rail road tracks.

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilman Schaffer, to close the hearing at 6:29 P.M. The motion was carried unanimously.

Respectfully Submitted,

Ann Renckens, Pomfret Deputy Town Clerk
 

April 14, 2021 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 14, 2021 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer
                                  
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the Public Hearing is to hear comments from the public regarding the proposed application for the Special Use Permit for the Rak Solar Farm to be located at 10335 Christy Rd., Fredonia.

Present were Jared Perram, Senior Project Developer, Saturn Power, and Dennis Rak, property owner of 10335 Christy Road.

Mr. Perram gave a brief description of the proposed solar farm being designed to operate as a 3.5 MW-AC solar photovoltaic farm. The solar project will be built over section of a vacant Agricultural-Residential district that can support the PV module raking system. Energy generated from the PV modules will be converted from DC to AC power on-site and injected onto the power grid.

Public Comments
  • Janice White, Pomfret resident asked specifically where the project is to be located in regards to her property. Both Mr. Perram and Mr. Rak stated it is on the other side of her property.
  • Kathy Wasik inquired about the operation and maintenance plan for the farm and impact the project will have on wildlife. Mr. Perram stated the project application will come with an Operation and Maintenance Plan to be sure the property is being well taken care of within the community. The project will be fenced to keep wildlife out. There will be minimal disruption to the wildlife.

Board Member Comments
  • Councilman Sedota asked Mr. Perram if PFAS were going to be used on the panels for anti-glare. Mr. Perram was unsure as he’s never come across this question in a project. He stated the panels are coated tempered glass which come from the manufacturer with no additional elements placed on them. He will verify this and report back to the board. Mr. Sedota addressed what the current land is being used for. Mr. Rak stated the land was used for farming but due to the amount of water on the property and poor drainage it’s not ideal for farming conditions.
  • Councilman Christy showed his appreciation for the well thought out landscaping for the project. He’s impressed with the upscale design and feels it is a benefit to the community.

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the hearing at 6:36 P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento
Pomfret Town Clerk
 

May 12, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:35 P.M. May 12, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
                        Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
PRESENT:      Town Counsel Jeffrey Passafaro
                      Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                Town Clerk Allison Vento

The Pledge was recited prior to the opening of the Public Hearing.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
April 14, 2021 Public Hearing. The motion was seconded by Councilman Christy. The motion carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the
April 14, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer. The motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #5 of 2021. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $18,498.70
General Fund Part Town        $17,215.92
Highway Fund Part Town       $13,476.45
Berry Water District               $     221.55
Chestnut Water District          $     198.83
North End Water District        $     276.68
Lily Dale Sewer District         $     394.25
Lakeview Sewer                     $       57.11

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #25 of 2021 in the amount of $65,831.80 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Deputy Town Clerk Renckens provided to the Pomfret Board the April 2021 report of monies collected through the Town Clerk’s Office. A total of $16,834.20 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for April 2021 is as follows:
Justice Dietzen Total Cases:108
                        Total Fine & Surcharges: $9,993.00

                        Justice Pulci Total Cases: 62
                        Total Fine & Surcharges: $6,203.00
  • The Historian Report for May 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Fredonia Fire Department March Monthly report has been received. There was a total of 157 calls with 30 being within the Town of Pomfret.
  • The Pomfret offices will be closed on Monday, May 31, 2021 in observance of Memorial Day.

AUDIENCE CONCERNS
  • None
 SUPERVISOR PACOS
  • A motion was made was made by Councilman Christy to continue the Public Hearing on purposed Local law – Battery energy Storage Systems on June 9, 2021 at The Town of Pomfret, Town Hall 9 Day St. Fredonia, NY at 6:15 pm. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion was made by Councilman Schaeffer, seconded by Councilman Christy approving the use of Town Roads for a running race to be hosted by Wilson Endurance Sports, LLC on May 30, 2021.
  • A motion to schedule a Public Hearing on June 6, 2021 at 5:45 pm at Pomfret Town Hall, 9 Day St. Fredonia, NY, for purposed Van Buren Solar Project, was made by Councilman Christy, seconded by Councilman Sedota and carried unanimously.
  • A motion to approve the Cassadaga-Pomfret Amended Water Agreement for the Lily Dale Water District was made by Supervisor Pacos and seconded by Councilman Christy and carried unanimously.
  • A motion was made by Supervisor Pacos and seconded by Councilwoman Eckman to accept a letter of Engagement Amendment with Barclay – Damon regarding the Lily Dale Water District and carried unanimously.
  • A motion proclaiming Fredonia Fireman’s Fund Driving weeks, beginning May 17, 2021, was made by Supervisor Pacos and seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos reported, the Town of Pomfret was awarded a $10,000.00 grant from the Northern Chautauqua Community Foundation. Monies will be used to defray the Towns cost of a Comprehensive Plan. Other grants will be sought out to further reduce this cost.
  • The Town Board of The Town of Pomfret following discussion, does not desire to reimburse legal fees for a Pomfret resident.
  • Supervisor Pacos has received The Town of Pomfret Code Enforcement April activity report. The report has also been filed in the Town Clerks office.
  • Councilman Sedota made a motion, seconded by Councilwoman Eckman, to declare negative declaration in respect to the Van Buren Water District Improvements, after conducting a Public Hearing, EAF review, and has taken all consideration from the matters presented. The motion carried unanimously.
COUNCILMAN CHRISTY
  • Councilman Christy has been in communication with Lily Dale Waste Water Operator discussing future projects and up keep of the plant.
  • Councilman Christy has reached out to Fredonia Fire Departments interim Fire Chief to establish a line of communication following the recent retirement of Chief Ryan Walker.
  • Councilman Christy complimented Highway Superintendent, Jude Gardner, on the appearance of the cemetery.
 COUNCILWOMAN ECKMAN
  • Councilwoman Eckman reported Festivals Fredonia is currently planning to hold The Italian Festival on June 26, 2021. Anticipation of construction will drive a venue relocation.
  • Councilwoman Eckman stated the deteriorated condition of the Van Buren Boat Launch to Highway Superintendent, Jude Gardner. Restoration plans are scheduled for the end of May.

COUNCILMAN SEDOTA
  • None

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer to attend board meeting for Darwin Barker Library, Supervisor Pacos suggested notifying The Library Board, The Fredonia Farmers Market may be held on Day St. during the summer as there is planned construction on Church St. where the market is typically held.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The month of April work report has been distributed to the board.
  • Councilwoman Eckman made a motion to authorize the hire on recommendation of Superintendent Gardner, of Joseph LaTona, 39 New York Ave., Dunkirk for cemetery maintenance for 35 hours per week at minimum wage. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Highway Superintendent, Jude Garner, reported chip sealing has been completed for 2021.
  • Road patching and sealing has begun for the season.
  • The Highway Department will be paving Lamberton Road, May 18th & 19.th.
  • Seasonal Maintenance to the Van Buren Boat Launch is being scheduled.
  • A senior highway employee caused an estimated $4,200.00 in damage to a dump truck. Highway Superintendent, Jude Gardner, requested permission to have repairs made by Valley Fabrication. Councilwoman Eckman made a motion to grant permission to repair damaged dump truck, motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy recommended several safety corrective actions for driver education.
  • Clark Patterson Lee, contracted to repair the roof of Town of Pomfret Highway Barns, will begin work May 17th and is expected to take three to five weeks to complete.
  • Highway Superintendent, Jude Gardner proposed an increase in pay for Robert Siragusa to $14.00 per hour following the resignation of Thomas Hayes – Head of the Cemetery Grounds Crew. Robert Siragusa will take on the additional duties heading up the Cemetery Grounds Crew, the first week of June. Motion to approve the increase in Mr. Siragusa’s wage made by Councilwoman Eckman, seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to declare (5) Huskey Weed Wackers surplus and to authorize Highway Superintendent Gardner to dispose of at the tax payer’s best interest. The motion was seconded by Councilman Christy and carried unanimously
  • Highway Superintendent to investigate the donation of an antique air compressor to see if it holds any local historical value and will report back to The Board.
 DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting at 7:18 P.M. to enter into an Executive Session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value with no action to be taken. The motion was seconded by Councilwoman Eckman and carried unanimously.

Entered into Executive Session at 7:19 P.M.

DULY MOVED by Councilwoman Eckman to leave the executive session and reenter the Regular Town Board Meeting at 7:56 P.M. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Schaeffer to close the Regular Town Board Meeting, seconded by Councilman Christy at 7:57 P.M. The motion carried unanimously.


Respectfully Submitted,
          
Ann Renckens
Deputy Town Clerk
 

April 14, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:41 P.M. April 14, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                             
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT:                              Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner

                                             
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
March 10, 2021 Public Hearing. The motion was seconded by Councilman Sedota. The motion carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the
March 10, 2021 Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman. The motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #4 of 2021. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $29,774.36
General Fund Part Town        $2,642.06
Highway Fund Part Town       $11,860.56
Berry Water District               $5,994.95
Chestnut Water District          $2,444.74
North End Water District        $20,146.18
VB Water District                   $1,214.80
Rt. 20 Water District               $52.05
Rt. 20 Sewer District              $150.70
Rt. 60 Water District               $3,061.75
Rt. 60 Sewer District              $2,842.95
Sewer District 1                      $1,213.89
Sewer District 2                      $997.12
Lily Dale Sewer District         $8,842.66
Capital Projects                       $3,300.34

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #24 of 2021 in the amount of $254,671.89 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the March 2021 report of monies collected through the Town Clerk’s Office. A total of $8,641.60 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for March 2021 is as follows:
Justice Dietzen Total Cases:143
                        Total Fine & Surcharges: $12,125.00

                        Justice Pulci Total Cases: 142
                        Total Fine & Surcharges: $11,102.00
  • The Historian Report for April 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Supervisor’s Annual 2020 report has been filed with Town Clerk Vento. It is on file in the Clerk’s Office.
  • Supervisor Pacos made a motion to accept the following Resolution. The motion was seconded by Councilwoman Ekman and carried unanimously.
Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and
Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants,
Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and
Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.
Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community.
Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations.
Whereas, it is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.
Now, Therefore, I, Daniel Pacos, Supervisor of Town of Pomfret, do
recognize the week of May 2 through May 8, 2021, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Allison Vento, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

AUDIENCE CONCERNS
  • John Reagan, RIC Development, presented the RIC Development plan for a large solar farm within the Town of Pomfret. Since presenting at last month’s meeting, Mr. Reagan has revised the site plan. There have been 2600 modules eliminated on the east side of the project, moving the setback to 170-180 feet. The visual assessment has been updated with ariel views of the project from several locations. He stated RIC Development is looking to purchase the land for the solar farm and donate a possible two parcels for land conservation. Councilwoman Eckman stated she is concerned in removing the heavily wooded area and the affect it will have on the wildlife. The board has requested an operation and maintenance plan for the project and has inquired if the use of PFAS (Perfluoroalkyl and polyfluoroalkyl substances) will be used. The board also decided, after a discussion, they would like to see the County IDA as the Lead Agency for SEQR. Supervisor Pacos will be reaching out to the County in regards to this decision.
SUPERVISOR PACOS
  • Councilwoman Eckman made a motion, seconded by Councilman Sedota, to declare negative declaration in respect to the Rak Solar Farm application, after conducting a Public Hearing, EAF review, and has taken all consideration from the matters presented by the County Planning Department, Public Concerns, the motion carried unanimously.
  • Councilman Christy made a motion to approve the Special Use Permit for the Rak Solar Farm subject to the applicant complying with the recommendations from Code Enforcement Officer, Warren Kelly.
-Proof that all parcels of land for these projects are joined together as one parcel.
-Must comply with all zoning setbacks
-Submit a Property Operation and Maintenance Plan
-All site electrical interconnection lines and distribution lines shall be placed underground.
-Submit a Decommissioning Plan
-Submit Storm Water Pollution Prevention Plan
The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Christy made a motion to accept the Loan Resolution from USDA-RD for the Van Buren Water District upgrades. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos reminded the board of a Public Hearing scheduled for May 12, 2021 at 6:00P.M. for the Van Buren Water District. This was previously scheduled at the March meeting.
  • Councilman Christy made a motion to schedule a Public Hearing for a Proposed Local Law-Battery Storage for May 12, 2021 at 5:45P.M. at 9 Day Street, Fredonia, NY with the public to attend via zoom due to the NYS Executive Meetings Order in regards to COVID. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to approve the following court hires on recommendation from Justice Pulci; David Pleszewski, 10 Pine Dr., Fredonia and Mark Dietzen, 5 Parkway St., Silver Creek at fees budgeted. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos made a motion to authorize Jeff Smith and Eric Weiss to submit for funding the Steel Master Salt shed at a cost not to exceed $178,500.00. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to approve Commercial- North End Water District Water request from SKB Real Estate for water service between 10294-10312 Rt. 60 for the purpose of a car wash pending the approval from the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.

COUNCILMAN CHRISTY
-No Report-

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman, on behalf of the Town Board, thanked Chief Ryan Walker for his service and commitment to our community and congratulated him on his recent retirement with the Fredonia Fire Department.

COUNCILMAN SEDOTA
  • Councilman Sedota stated there are no scheduled meetings to discuss the Pomfret Fire Protection Contract due to expire on December 31, 2021.

COUNCILMAN SCHAEFFER
-No Report-

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report was submitted to all board members of the work completed in March 2021.
  • Councilman Schaeffer made a motion to approve the purchase of a 24x62 Wheel Loader Forks 5/7/8 x 2/1/4 Tines 780 Pounds in the amount not to exceed $3,888.89. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to approve the hire of Derrick Walters, 38 W. Main St., Fredonia as seasonal help at a rate of minimum wage not to exceed 35 hours per week. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to approve the application from Firstlight Fiber, INC, on the recommendation of Highway Superintendent Gardner, to install seven new poles on Ellicott Rd and install new strand and 1 44CT Fiber 1766. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to approve the purchase of a 2022 Ford F-550 SuperCab 4x4 on Onondaga County State Bid ONGOV 106-19-2022 at a price not to exceed $75,289.32. The motion was seconded by Councilman Schaeffer and carried unanimously.

TOWN ATTORNEY PASSAFARO
  • Councilwoman Eckman made a motion to authorizing Supervisor Pacos to engage in Bond Counsel-John Allessi of Hodgson & Russ for Bond Counsel for the Van Buren Water District 202b project. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting at 8:10 P.M. to enter into an Executive Session for the purpose of medical, financial, credit or employment history of a particular person or corporation, or relating to appointment, promotion, demotion, discipline or removal with no action to be taken. The motion was seconded by Councilwoman Eckman and carried unanimously.

Entered into Executive Session at 8:19P.M.

DULY MOVED by Councilwoman Eckman to leave the executive session and reenter the Regular Town Board Meeting at 8:59P.M. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting, seconded by Councilman Schaeffer at 9:00P.M. The motion carried unanimously.

Respectfully Submitted,
         
Allison Vento
Town Clerk
 

March 10, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 10, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                           Supervisor Daniel Pacos
                                            Town Clerk Allison Vento
PRESENT:                           Town Counsel Jeffrey Passafaro
                                             Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilman Schaeffer to accept the minutes of the  February 10, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Sedota. The motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #3 of 2021. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $11,896.25
General Fund Part Town        $240.05
Highway Fund Part Town       $24331.42
Berry Water District               $22.83
North End Water District        $105.94
Lily Dale Sewer District         $478.28

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #23 of 2021 in the amount of $57,031.26 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the February 2021 report of monies collected through the Town Clerk’s Office. A total of $5,595.95 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for February 2021 is as follows:
Justice Dietzen Total Cases:73
                        Total Fine & Surcharges: $6,921.00

                        Justice Pulci Total Cases: 68
                        Total Fine & Surcharges: $5,146.00
  • A report was submitted for taxes collected in February.
  • The Fredonia Fire Department has submitted their January 2021 report with a total of 152 calls for the month with 27 being within the Town of Pomfret.
  • The Fredonia Fire Department has submitted their February 2021 report with a total of 157 calls for the month with 45 being within the Town of Pomfret.
  • The Historian Report for March 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, submitted his February 2021 monthly report and it is on file with the Clerk’s Office.
  • Zoning Enforcement Officer, James DeJoe, submitted his January and February 2021 reports and they are on file with the Clerk’s Office.
  • Town of Pomfret offices will be closed April 2, 2021 in observance of ‘Good Friday’.
  • Councilman Schaeffer made a motion to approve the request by Town Clerk Vento to attend the New York State Town Clerks Association Annual Conference April 25-28,2021 and the International Institute of Municipal Clerks Institute Annual Conference May 9-13,2021 at a cost not to exceed what is outlined in the 2021 Budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the Dog Enumeration.com quote at a cost not to exceed $2,314.26 to conduct a Town of Pomfret wide dog census. The motion was seconded by Councilman Christy and carried unanimously.

AUDIENCE CONCERNS
  • Eric Wies, Clark Patterson Lee, presented contract award recommendations for the salt shed and replacement roof at the Highway Barns. His presentation was discussed at length with the board. The board will have to consider the style preferred for the salt shed before moving forward and obtaining public bids and also the source of financing.
  • John Reagan, RIC Development, presented the RIC Development plan for a large solar farm within the Town of Pomfret. After a discussion it was determined the Pomfret Town Board will need more information from both RIC Development and clarification from Code Enforcement on specifications of the project.

SUPERVISOR PACOS
  • Councilman Christy made a motion to approve Jamestown Roofing, Inc. bid at a cost not to exceed $195,000.00 for the EPDM roof replacement of the Highway Barn with a 30-year warranty. The motion was seconded by Councilman Sedota and carried with Councilman Schaeffer opposed.
  • Councilwoman Eckman made a motion to declare a negative declaration for the SEQR purposes for the proposed Local Law #1 of 2021. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to adopt the following local law for the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.    
Section One- Purpose:
The Town Board of the Town of Pomfret, after review of uses allowed by special use permit in Agricultural-Residential Two District (AR-2), is amending Section 300-14C, Uses by Special Use Permit.

Section Two- Authority:
The Town Board of the Town of Pomfret herby exercises the authority granted to it under the Town Law, General Municipal Law, Municipal Home Rule Law of the State of New York, providing for the exercise of its general powers to protect persons and property, the public health, safety and welfare within the Town of Pomfret.

Section Three-Amendment to Section 300-14C. Uses by Special Use Permit.
Kennel:
Uses allowed by Special Use Permit in AR-2 Zoning shall include a kennel, pet daycare, boarding facility as provided for in compliance with all the provisions set forth in Section 300-72.

Section Four- Severability Clause
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 affect, 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 judgement of order shall be rendered by a court of competent jurisdiction.

Section Five-Effective Date:
This local law shall be effective immediately upon filing in the Office of the Secretary of State, State of New York.
  • The Board discussed the Battery Storage proposed law. They received recommendations from the Zoning Board and Planning Board. Town Attorney Passafaro has been instructed to put the law in final form for next month’s meeting to schedule the Public Hearing.
  •  Councilman Schaeffer made the motion to adopt the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.
WHEREAS, the U.S. Department of Agriculture Rural Development (USDA RD) has funds available through its Water and Environmental Direct Loan and Grant Program (WEP) for the financing of water upgrades and improvements planned for the Van Buren Bay Water District as detailed in a preliminary engineering report prepared by Clark Patterson Lee Engineers as revised dated November 2020; and
WHEREAS, USDA RD has found the project to be eligible for funding under the WEP program in the estimated amount of $1,838,000, consisting of a $1,550,000 loan at a 1.25% interest rate for 38 years and a $288,000 grant; and
WHEREAS, the Town of Pomfret wishes to proceed with USDA RD WEP program loan and grant funding as detailed in the Agency’s Preliminary Eligibility Determination Estimate Letter, dated February 16, 2021 for said project;
NOW THEREFORE, BE IT RESOLVED, 
That the Town Supervisor is hereby authorized to accept the USDA RD Loan and Grant fund offer in the total amount of $1,550,000 dollars for a thirty-eight (38) year loan term for the construction of upgrades and improvements to the Van Buren Bay Water District and;
BE IT FURTHER RESOLVED
That the Town Supervisor shall have the authority to execute and sign any and all documents and agreements with USDA RD to accept and administer said loan and grant funds and;
BE IT FURTHE RESOLVED
That Clark Patterson Lee Engineers are hereby authorized and directed to proceed with the development of final plans and specifications in anticipation of bidding said improvements as soon as all USDA RD preconstruction terms and conditions have been met.
  • Councilwoman Eckman made a motion to authorize the Clark Patterson Lee Engineering agreement for the Van Buren Bay Water District improvements for a cost of $206,000.00 for the Study Phase, Preliminary and Final Design, Bidding, Construction Administration and Construction Observation work. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to accept the Final Map, Plan, and Report dated February 2021 for the Van Buren Bay Water District improvements submitted by Clark Patterson Lee. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to declare the Town of Pomfret as lead agency status for the Van Buren Bay Water District improvements. The motion as seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to schedule a Public Hearing on May 12, 2021 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of the Van Buren Bay Water District Improvements. The motion was seconded by Councilwoman Eckman and carried unanimously.
 
  • Councilman Christy made a motion to schedule a Public Hearing for the ‘Rak’ Solar Application for April 14, 2021 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • ‘First Light Fiber’ has inquired about a permit to place fiber optic lines within the Town’s right of way on Ellicott Road. After discussing scope of work the Town Board has directed Highway Superintendent Gardner to receive further information for the next meeting.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to approve the final terms of the water and sewer contracts as presented and approved by the Village of Fredonia and to execute the renewal agreements for water and sewer effective January 1, 2021. The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos made a motion to amend the Town of Pomfret water and sewer rates for residential and commercial customers, effective January 1, 2021 to the following:
$60.00 minimum for up to 5,000 gallons
Water Rate: $6.00 per 1,000 gallons
Sewer Rate: $7.10 per 1,000 gallons
            The motion was seconded by Councilman Christy and carried unanimously.

COUNCILMAN CHRISTY
  • Councilman Christy is continuing his meetings with the Fredonia Fire Department and will continue with the negotiations for the Pomfret Fire Protection Contract.

COUNCILWOMAN ECKMAN
  • The sexton and Mrs. Eckman have finalized the Rules & Regulations. They will be given to Town Clerk Vento to be posted on the town’s website.

COUNCILMAN SEDOTA
  • Councilman Sedota is continuing the progress with Councilman Christy with the Fredonia Fire Department in regards to the upcoming Pomfret Fire Protection contract.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report was submitted to all board members of the work completed in February 2021.
  • Councilman Schaeffer made a motion to declare the following surplus and to authorize Highway Superintendent Gardner to dispose of at the tax payer’s best interest. The motion was seconded by Councilman Christy and carried unanimously.
-Office desk with drawer attachment
-Two 8’ by 4’ peg board & Two 6’ by 4’ Peg board and stands
-1988 GE Tube Television and stand
-Two Drawer metal filing cabinet
-Metal filing drawer
-Metal walker
  • The new mowers have arrived.
  • Councilman Christy made a motion to approve the hire of Aaron Pacos, 110 Johnson St., Fredonia at a rate of pay of minimum wage at hours not to exceed 35 per week as seasonal cemetery help. The motion was seconded by Councilman Sedota and carried with Supervisor Pacos abstaining.
  • The Forest Hill Cemetery gate which was in need of repair on the back side of the property, was completed by the members of the highway department.
  • Highway Superintendent Gardner inquired about the re-opening of the playgrounds within the Town of Pomfret. He was instructed by the board to reach out to the Village of Fredonia, City of Dunkirk and County to gain insight on their procedure of re-opening. He will report back to the board at next month’s meeting.
 
  • Comerford’s Collision and Kravitz Tree Service are inquiring about gaining access to use the sewer lines on Lakeview Ave. The process was explained to Mr. Gardner. Town Clerk Vento will look into obtaining the maps to verify these properties are within the sewer district already established.
TOWN ATTORNEY PASSAFARO
-None-

DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting at 8:14 P.M. to enter into an Executive Session for the purpose of acquisition, lease, or sale of real property or securities when publicity would substantially affect the value and history of particular employee with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously.

Entered into Executive Session at 8:22P.M.

DULY MOVED by Councilman Sedota to leave the executive session and reenter the Regular Town Board Meeting at 8:43P.M. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting, seconded by Councilman Christy at 8:44P.M. The motion carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

March 10, 2021 Public Hearing Minutes-Proposed Local Law #1 of 2021

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, March 10, 2021 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Zoom due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer
                                  
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the public hearing is to hear comments from the public regarding the purposed local law-. Amending Local Law NO. 2 of the Year 1995 entitled ‘The Zoning Law of the Town of Pomfret’, and amending Local Law NO. 2 of 2014 ‘Adopting the Code of the Town of Pomfret’.

Section One-Purpose
The Town Board of the Town of Pomfret, after review of uses allowed by special use permit in Agricultural-Residential Two District (AR-2), is amending Section 300-14C, Uses by Special Use Permit.

Section Two- Authority
The Town Board of the Town of Pomfret hereby exercises the authority granted to it under Town Law, General Municipal Law, Municipal Home Rule Law of the State of New York, providing for the exercise of its general powers to protect persons and property, the public health, safety and welfare within the Town of Pomfret.

Section Three-Amendment to Section 300-14C. Uses by Special Use Permit
Kennel: Uses allowed by Special Use Permit in AR-2 Zone shall include a kennel, pet daycare, boarding facility as provided for and in compliance with all the provisions set forth in Section 300-72

Section Four-Severability Clause
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 affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or party of this Local law or its application directly involved in the controversy in which such judgement of order shall be rendered by a court of competent jurisdiction.

Section Five-Effective Date
This Local Law shall be effective immediately upon filing in the Office of the Secretary of State, State of New York.

Town Clerk Vento provided proof of posting and publishing and also gave the Chautauqua County referral which stated it is a matter of local concern.
                                                          
Public Comments
  • Kate Hinds Morrison addressed the board in regards to her preference of whether the local law shall state rights by Special Use Permits or Use by Right. She would like the board to consider the local law stating the amendments are by Special Use Permit with each application being regulated by circumstance.

With no further public comments, a motion made by Councilman Christy, seconded by Councilman Schaeffer to close the hearing at 6:20P.M. The motion was carried unanimously.

Respectfully Submitted, Allison Vento, Pomfret Town Clerk
 

February 10, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 10, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
                                  Supervisor Daniel Pacos
                                  Town Clerk Allison Vento
PRESENT:                 Town Counsel Jeffrey Passafaro
                                   Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                              Brett Christy
                                              Ann Eckman
                                              Christopher Schaeffer

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
January 13, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Sedota. The motion carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the January 13, 2021 Organizational Meeting Minutes. The motion was seconded by Councilman Christy and carried unanimously.


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2 of 2021. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $18,215.86
General Fund Part Town        $308.41
Highway Fund Part Town       $16,888.03
Berry Water District               $244.47
Chestnut Water District          $198.83
North End Water District        $2,559.34
Lily Dale Sewer District         $3,058.75
Lily Dale Fire Protection        $30,100.00
Pomfret Fire Protection          $361,830.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #22 of 2021 in the amount of $83,871.81 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the January 2021 report of monies collected through the Town Clerk’s Office. A total of $3,454.90 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for January 2021 is as follows:
Justice Dietzen Total Cases:90
                        Total Fine & Surcharges: $8,616.00

                        Justice Pulci Total Cases:  92
                        Total Fine & Surcharges: $9,067.00
  • A January report was submitted for tax collected with a summary of taxes collected in January. A total of 5, 406 bills were processed with a total amount of $7,018,031.84.
  • The Fredonia Fire Department has submitted their annual 2020 report with a total of 1, 714 calls with 342 calls being within the Town of Pomfret.
  • The Fredonia Fire Department has submitted their December 2020 report with a total of 164 calls for the month with 32 being within the Town of Pomfret.
  • The Historian Report for February 2021 has been distributed to the board and is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, submitted his January 2021 monthly report and is on file with the Clerk’s Office.
  • Town of Pomfret offices will be closed February 15, 2021 in observance of President’s Day. 
AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS
  • Councilman Christy made the following motion to approve the following resolution. The motion was seconded by Councilwoman Eckman and carried unanimously.
WHEREAS, Level 3 Communications, LLC (“Level 3”) has filed applications for a refund or credit pursuant to Real Property Tax Law Section 556 for the 2018 tax year, and
WHEREAS, the Chautauqua County Real Property Tax Director has investigated the circumstances of the claims of Level 3 in the applications, and
WHEREAS, The Chautauqua County Real Property Tax Director has transmitted a written report of such investigation and his recommendations that the applications be denied for multiple reasons, and
WHEREAS, the Chautauqua County Real Property Tax Director has recommended that the applications be denied for the following specific reasons:
The fiber optic cables constitute taxable real property under multiple sections of Section 102 of the Real Property Tax Law as follows; Fiber optic cable has been interpreted and taxed as real property for more than thirty years, and should continue to be taxed as real property; The New York Court of Appeals has ruled that the fiber optic cables meet the definition of real property and constitute lines and wires pursuant to Real Property Tax Law Section 102(12)(i) and are taxable under that section. T-Mobile v. DeBillis and City of Mount Vernon, 32 N.Y. 3d 594 (2018); The fiber optic cables constitute fixtures and are taxable real property pursuant to Section 102(12)(b) of the Real Property Tax law; The Appellate Division, Fourth Department has specifically upheld the taxability of Level 3’s fiber optic installations located in Chautauqua County. Level 3 Communications v. Chautauqua County, 174 A.D.3d 1502 (4th Dep’t 2019); see also Level 3 Communications v. Erie County, 174 A.D.3d 1497 (4th Dep’t 2019).

The applications are procedurally improper, because the applications fail to establish a clerical error, unlawful entry, or an error in essential fact as those terms are defined by Section 550 of the Real Property Tax Law. Numerous City and Town tax assessors have also analyzed Level 3’s claims and conclude that its allegations do not constitute an ‘unlawful entry’ as that term is defined in Real Property Tax Law Section 550(7); The applicant’s proper remedy is to bring a tax certiorari proceeding under Article 7 of the Real Property Tax Law challenging the assessments prospectively. No tax grievances or Article 7 proceedings have been filed by Level 3. The applications improperly seek retroactive tax refunds under inapplicable sections of the Real Property Tax Law.
WHEREAS, the Town of Pomfret has carefully considered and fully agrees with the investigation and recommendations of the Chautauqua County Real Property Tax Director, it is hereby
RESOLVED, that all of the Applications for Refunds/Credits of Real Property Taxes Form 556 for the 2018 tax year are hereby rejected and denied in their entirety for the reasons set forth above.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into an agreement with the Lily Dale Assembly and Village of Cassadaga for the sale of water to the Water District No. 8-Lily Dale Water District. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the recommendation of the Pomfret Planning board to hire Ingalls Planning & Design at a cost not to exceed $60,000.00, split evenly between the Town of Pomfret and the Village of Fredonia with grant monies being applied to the overall cost, with the remaining balance being divided equally between the two municipalities for the Joint Comprehensive Plan with the Village of Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Town of Pomfret received a Municipal Zoning Referral from the Chautauqua County Department of Planning and Development for a use variance at 5349 Van Buren Rd. Chautauqua County Planning and Development stated it would be a matter of local concern.
  • Councilman Christy made a motion to schedule a Public Hearing on Proposed Local Law #1 of 2021-amending Local Law #2 of 1995 entitled, ‘The Zoning Law of the Town of Pomfret, and amending Local law No. 2 of 2014, adopting the Code of the Town of Pomfret (amending uses by Special Use Permit) for March 10, 2021 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia with all COVID-19 guidelines in place. The public will be able to participate via zoom. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A discussion was had in regards to proposed Local Law #2 of 2021-Installation and placement of Battery Energy Storage Systems in the Town of Pomfret.  The board will seek input form both the Planning and Zoning Boards along with the Fredonia Fire Department in regards to hazards. The board will compile information and suggestions and report back at the next meeting.
  • Councilman Schaeffer made a motion to declare the Town of Pomfret the Lead Agency in the review of the Rak Solar Farm application. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the hire of Bahgat & Laurito Bahgat for bookkeeping services for the fiscal year of 2021 at a cost not to exceed $1,350.00 per month and an additional $250.00 per month for the Chadwick Bay Intermunicipal Waterworks. The motion as seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to amend two resolutions for water applications. The first on December 9, 2021 to reflect a commercial application rather than a residential for Fredonia Chrysler on 10299 McAllister Rd. The second on January 13, 2021 to reflect a commercial application rather than residential for 3742 E. Main Rd. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the following items surplus and no longer needed for municipal use and to sell or dispose of at the best interest of the tax payers. The motion was seconded by Councilman Christy and carried unanimously.
-Metal Stool                                        -Metal desk-top
-Map file drawers                               -Ceiling light
-Wooden arm chair                             -Misc. metal
-Metal chalkboard                               -Computer keyboard, printer, monitor, tower
-Type writer                                        -Wooden dining table top
  • Supervisor Pacos informed the board that the Village of Fredonia water negotiations are still not complete. The new contract is currently being viewed by the new attorney’s representing the Village.
  • Councilman Christy made a motion to authorize the payment to Municipal Solutions for the completion of the grant application at a cost not to exceed $148.00 per hour plus expenses for the purchase and installation of meters for the Lily Dale Water District and Van Buren Bay Water District. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCILMAN CHRISTY
  • The EPA contacted the town in regards to the phosphorus levels at the Lily Dale Waste Water Treatment Plant. Engineer, Lori Lehnen, submitted a letter and work completed to combat this issue. Mr. Christy feels confident the EPA is satisfied with the work completed.
  • There will be a meeting on Friday, February 12th with the Fredonia Fire Department to discuss the Pomfret Fire Protection Contract due to expire 12/31/21.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman reported Festivals Fredonia is looking into alternate options of where to hold festivals.
  • Mrs. Eckman is going to reach out to Parks and Recreation Director, Tom Battaglia, on the budget for the department.
COUNCILMAN SCHAEFFER
  • Mr. Schaeffer will be reaching out to the Opera House and Barker Library on their future meetings.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report was submitted to all board members of the work completed in January 2021.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to supervise a volunteer project at Forest Hill Cemetery. The project involves a Delta Chi SUNY Fredonia student to help clean veteran’s graves at the Forest Hill Cemetery. The motion was seconded by Councilman Sedota and carried unanimously.
TOWN ATTORNEY PASSAFARO
  • Councilwoman Eckman made a motion to permit a waiver of conflict and permit the Department of Environmental Matters at Hodgson & Russ to appear and represent RIC Energy on a proposed project within the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously
 DULY MOVED by Councilman Sedota to close the Regular Town Board Meeting at 7:51 P.M. The motion was seconded by Councilman Schaeffer and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 13, 2021- Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 13, 2021 at 6:00P.M.

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Allison Vento
                                                                                  
Councilpersons:        Councilman John Sedota
                                    Councilman Christopher Schaeffer-Absent
                                    Councilman Brett Christy
                                    Councilwoman Ann Eckman
                                 
Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.
                                 
APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                 $ 12,000
Councilperson                         (4) $ 4,500 (each)
Town Justices                          (2) $16,000(each)
Town Clerk                                  $42,366
Highway Superintendent         $66,675

DULY MOVED by Councilwoman Eckman, 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 serve
on the Board of Assessment Review with the term expiring as listed below:

Harry Centner                         9/30/2021
Alan Shaw                              9/30/2022
Kirk Hutchinson                      9/30/2023
Roger Renswick                      9/30/2024
Michaelene Comerford           9/30/2025
DULY MOVED by Councilman Sedota, seconded by Councilman Christy and carried.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilwoman Eckman-Opposed
Councilman Christy-AYE
Councilman Schaeffer-Absent

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

DULY MOVED by Supervisor Pacos seconded by Councilman Christy and carried.

APPOINT DEPUTY TOWN CLERK 

Town Clerk Vento appoints Ann Renckens as Deputy Town Clerk.

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

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

Highway Superintendent Jude Gardner appoints Jeff O’Brien as Deputy Highway
Superintendent at the rate of $1.00 per hour in addition to his hourly rate.

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

APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:
Kevin Muldowney – Assessor                                                $36,435.00 per year
Kathy Ludemann-Assessor Clerk                                           $17.45 per hour
Board of Assessment Review                     $12.70 per hour
Warren Kelly-Code/Inspection Officer                              $16,240.00 per year
Warren Kelly-Fire Inspector                                                   $5,125.00 per year
James DeJoe-Zoning Officer                                                  $7,220.00per year
EvaDawn Bashaw-Secretary for Zoning & Planning Board      $16.55 per hour
Allison Vento  -Civil Defense Officer              $150.00 per year
Miriam Washington-Court Clerk                                            $16.80 per hour
Susan Graves- Court Clerk                                                     $17.45 per hour
David McCoy -Court Officer                                                 $15.80 per hour
Thomas Fisher-Court Officer                         $15.80 per hour
Jacob Berger-Court Officer                             $15.80 per hour
Michael Callender-Court Officer                   $15.80 per hour
Michael Vinciguerra-Town Constable                                    Fees As Allowed By State
Tom Fisher      -Town Constable                                             Fees As Allowed By State
Douglas Bunge-Town Constable                                            Fees As Allowed By State
Pat Ambrose-Town Constable                                                            Fees As Allowed By State
Daniel Smith-Town Constable          Fees As Allowed By State
Allison Vento -Registrar                                                         Fees As Allowed By State
Ann Renckens -Deputy Town Clerk                                       $15.55 per hour
Allison Vento -Collector of Taxes                                          $5,900.00 per year
Ann Renckens-Deputy Tax Collector                                     $2,800.00 per year
Jeffrey Passafaro-Town Counsel                                            $135.00/$170.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract   $15,000.00 per year
Ann Renckens-Pomfret Cemetery Sexton                              $15.55 per hour
Jude Gardner   -Cemetery Maintenance Supervisor                $2,800.00 per year
Dennis Maslak                                                                        $29.12 per hour
Loren Laurito                                  $28.55 per hour
Jeff O’Brien (includes $1.00/hr. for Deputy. Highway Superintendent)      $29.00 per hour
David Dunlap                                                                          $27.94 per hour
Jeff Abbey                                                                               $24.00 per hour
Paul Kingsbury                                                                       $22.80 per hour
Tyler Haynes             $20.40 per hour
Jude Gardner   -Public Works Superintendent                        $2,400.00 per year
Jude Gardner   -Water Dist. System Operator                         $2,000.00 per year
Loren Laurito -Water Dist. System Operator                          $2,000.00 per year
Allison Vento –Water Dist. System Clerk        $2,000.00 per year
John Bell-Lily Dale Sewage Treatment Plant Operator         $15,895.00 per year
John Paul Long- Dog Control Officer          $3,300.00 per year
Loren Laurito-Dog Control Officer              $3,300.00 per year
Todd Langworthy-Town Historian                                          $1,200.00 per year
Allison Vento -Web Master                                                     $500.00 per year
Allison Vento - Server Backup                                               $500.00 per year
Marie Biddle-Cleaner                                                              $275.00 per month
Tom Battaglia-Recreation Director          $2,400.00 per year

DULY MOVED by Councilman Christy, seconded by Councilwoman Eckman and carried by a roll call vote:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: Absent
Councilman Christy: AYE
Councilwoman Eckman: AYE


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 Jr. Day 
President’s Day                                   Veteran’s Day
Good Friday                                        Thanksgiving & Day After
Memorial Day
Juneteenth Day                                   Christmas Day
July 4th                                                                                                  Birthday (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        Twenty (20) Days

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota 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 herein.

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 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 Councilman Sedota, 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.

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

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 Councilwoman Eckman, seconded by Councilman Sedota 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 an original paid invoice.

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

TOWN DEPOSITORIES

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

DULY MOVED by Councilwoman Eckman, 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 will serve as the posting location for notices as required by law.

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

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .56 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 Councilman Christy, seconded by Councilwoman Eckman 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 2021, 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.
MEMBERS                 YEAR
Janet Szymanski          2022
Heather Lesch             2023
James Joy-Chairman   2024
Robert Smith               2025
Travis Eckstrom          2026
DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota and carried.

ZONING BOARD OF APPEALS

 RATE OF PAY
The Zoning Board of Appeals Chairperson and members be paid $1,000.00 and $500
respectively for the year 2021, with each term expiring the second Wednesday in January of the
year listed below and re-appointment of Ruth Eckstrom:

MEMBERS                            YEAR
Michaelene Comerford       2022
Robert Reuther                     2022
Matthew Estep                      2023
David Fridmann-Chairman  2024
Raymond Lewandowski       2025
Ruth Eckstrom                       2026

DULY MOVED by Councilman Sedota 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 StateComptroller, 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, 2021.

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

TOWN INVESTMENT POLICY

Maintain the Town’s investment policy, adopted March 14, 1989,
and amendedJune 8, 1994, predicated upon the strength of the
money market.

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

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

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads
 and remove at his Discretion as authorized in the vehicle and traffic law for the year 2021.

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

CEMETERY FEES

TOWN CEMETERIES
Cemetery Lot/Grave                                 $625.00
Opening/Closing (Burial)                          $650.00
Cremains Burial                                         $350.00
Grave Opening (Cremation; Sat./Sun./Holidays)       $500.00
Grave Opening (Sat./Sun./Holidays)                           $900.00

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

Foundations: Per Square Inch                 $.65
Minimum                                 $150.00(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
Councilwoman Eckman, seconded by Councilman Sedota and carried.

EXPENDITURES BY HIGHWAY SUPERINTENDENT WITHOUT
 PRIOR 
APPROVAL 

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

WHEREAS, it is determined by this board to be reasonable and
proper in the best interest of the efficient functioning of the Highway Department,
the TownSuperintendent 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 Councilman Sedota, seconded by Councilman Christy and carried.

HIGHWAY SUPERINTENDENT TO PURCHASE OFF OF OTHER MUNICIPALIALITES
Authorization to the Highway Superintendent to accept and purchase highway
materials, motor fuels, gravel, stone, black top, binder, and oil from and on other proper
authorized municipal bids in municipalities in the County of Chautauqua and surrounding
counties in New York State for the year 2021.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Councilman Brett Christy as Chairperson of the Lily Dale Sewer District for the year
2021 at a pay rate of $600.00 and Supervisor Pacos is appointed Vice-Chairperson,
with no financial compensation.

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

LILY DALE SEWER DISTRICT ACCOUNTING SERVICES
The Town will contract with Bahgat & Laurito-Bahgat to provide accounting services
for the Lily Dale Sewer District for the year 2021 at a rate of
$500.00 for the year.

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

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

Regional Planning    Pacos               Christy
Special Districts             Pacos
(Excluding Lily Dale)
DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to approve the Supervisor’s committee appointments. The motion carried.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to adjourn the meeting at 6:25 P.M.  The motion carried.
Respectfully Submitted,
Allison Vento
 

January 13, 2021- Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 13, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT:                              Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer-Absent

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
December 09, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Sedota, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #13 of 2020. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $4,549.27
General Fund Part Town        $520.25
Highway Fund Town Wide    $11,419.86
Highway Fund Part Town       $30,101.83
Berry Road Water District      $35.50
Chestnut Road Water District $35.50
North End Water District        $1,771.84
Lily Dale Sewer District         $369.11
Capital Projects                       $354.96

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2021. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Abesent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $12,401.26
General Fund Part Town        $18,431.40
Highway Fund Part Town       $7,903.87
Berry Water District               $9,750.76
Chestnut Water District          $2,591.27
North End Water District        $43,025.51
Rt. 20 Water District               $118.60
Rt. 20 Sewer District              $180.32
Rt. 60 Water District               $5,726.80
Rt. 60 Sewer District              $7,523.79
Lakeview Sewer                     $185.64
Sewer District #1                    $2,373.83
Sewer District #2                    $1,679.09
Lily Dale Sewer District         $750.00
VB Water District                   $5,780.50
Capital Projects                       $5,966.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #21 of 2021 in the amount of $40,909.85 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Abesent
Councilman Christy-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office. A total of $97,879.45 was collected in 2020. A copy of the report is on file with Town Clerk Vento.
  • Town Clerk Vento provided to the Pomfret Board the December 2020 report of monies collected. A total of $5,635.20 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for December 2020 is as follows:
Justice Dietzen Total Cases:124
                        Total Fine & Surcharges: $10,504.00

                        Justice Pulci Total Cases:  111
                        Total Fine & Surcharges: $7,277.00
  • The Annual Historian Report for the year 2020 has been distributed to the board and is on file in the Clerk’s office.
  • Town of Pomfret offices will be closed January 18, 2021 in observance of Martin Luther King Jr. Day.
  • Cemetery Sexton, Ann Renckens, provided to the board a report of all cemetery activity for the year 2020. The repot is on file in the Clerk’s Office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report of all activity for the year of 2020. The report is on file with the Clerk’s Office.

AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS
  • Councilman Christy made a motion to authorize the application for UMH NY Lake Erie, LLC at 3742 E. Main Road for an office/residential structure. The motion was seconded by Councilwoman Eckman pending the Village of Fredonia approval at their next board meeting.
  • Councilwoman Eckman made a motion to authorize Wilson Endurance for their 2021 events for road cycling/running. The motion was seconded by Councilman Sedota and carried unanimously.
  • The board discussed the zoning amendments requested by Jamie Oakes. Town Attorney Passafaro will draft the language and have it for the next meeting for the board to schedule the Public Hearing.
  • A motion made by Councilman Sedota, seconded by Councilman Christy to adopt the Health Emergency Plan. The motion carried unanimously.
  • Councilwoman Eckman made a motion to authorize the Planning Board fee amendment for an additional $100.00 surcharge for those subdivisions coming before the Planning Board after the property has been combined. The motion was seconded by Councilman Sedota and carried unanimously.
  • The NYS Governor has issued an executive order to allow STAR applications be renewed without re-application for 2021.
 
  • Councilman Sedota made a motion to authorize the Supervisor to sign the E&M Engineering Agreement for Lily Dale Water District #8 in the amount of $7,169.75. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to accept the Justice Court books for the 2020 fiscal year. Supervisor Pacos has given the board a copy of the reports for their review. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos updated the board in regards to the water negotiations with the Village of Fredonia. Supervisor Pacos spoke with Village Mayor, Doug Essek, in regards to the language for opting out of the contract. Supervisor Pacos stated he is for extending the terms in the contract if it gets the contract finalized. Supervisor Pacos was given authorization at the December 2020 board meeting to sign the contract on behalf of the board once everything is finalized.

COUNCILMAN CHRISTY
  • Councilman Christy reported that he is waiting for communication from the Fire Department in regards to recruitment. He will report to the board once he has more information.
  • Councilman Christy thanked Highway Superintendent, Jude Gardner, for the departments efforts over the Christmas Holiday in keeping our roads clear and safe.

COUNCILMAN SEDOTA
  • Councilman Sedota will work with Councilman Schaeffer to conduct the internal audit and schedule a date to review records.

COUNCILWOMAN ECKMAN
  • Supervisor Pacos made a motion to accept the revised Pomfret Cemetery Rules and Regulations effective 1/13/2021. The motion was seconded by Councilman Christy and carried unanimously.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to purchase two (2) 2021 John Deer X590 Garden tractors. The Town will trade in two (2) 2019 John Deere X540 tractors with 42” Mulch/Rear discharge decks, 335 hours, 403 hours. The amount for the trade in is $3,320.38.00, and $3,520.38.00 respectively. The amount for the two new tractors with the trade in values will be $6,080.00.  Highway Superintendent Gardner has the permission to make the exchange with LANDPRO Equipment at state contract price #PC68131. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the permit agreement with St. George for a gas line on Seymour Rd. within the Town of Pomfret, as recommended by the Highway Superintendent, Jude Gardner. The permit fee in the amount of $927.50 to be paid to the Town Clerk’s office and certificate of insurance to accompany the permit. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize the 2021 Agreement to spend Highway Funds. The motion was seconded by Councilman Christy and carried unanimously. The agreement is on file with the Clerk’s Office.
  • Highway Superintendent gave a report to the board for the work completed in December 2020.
TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board he has been working on the draft water agreement with the Village of Cassadaga for the Lily Dale Water District. Once this draft is ready it will be forwarded to the appropriate parties for review and negotiating.
  • The NYS Executive Order in regards to Open Meetings has been extended until January 31, 2021.

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting at 7:25P.M. The motion was seconded by Councilman Sedota and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

December 09,2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. December 09, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
Supervisor Daniel Pacos
PRESENT:                              Town Counsel Jeffrey Passafaro
                                                Town Clerk Allison Vento
                                                Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman                                                 
                                                Christopher Schaeffer            

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the November 11, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried unanimously.

DULY MOVED by Supervisor Pacos, seconded by Councilwoman Eckman to approve the payment of bills on abstract #12 of 2020. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide           $13,103.28
General Fund Part Town             $130.94
Highway Fund Town Wide         $463.89
Highway Fund Part Town            $10,860.47
Berry Road Water District           $ 221.51
Chestnut Road Water District      $198.83
North End Water District            $366.82
Lily Dale Sewer District              $20,867.17
Capital Projects                            $502.70    

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

GENERAL FUND TOWNWIDE
$1,475 FROM              A1990.4           Contingent Account
            TO                   A1910.4           Unallocated Insurance

$1,500 FROM              A1990.4           Contingent Account
            TO                   A1620.4           Buildings Contractual

$1,000 FROM              A1420.1           Attorney Personal Services
            TO                   A1420.4           Attorney Contractual

$500    FROM              A9060.8           Employee Benefits Hospital & Medical
            TO                   A9055.8           Employee Benefits Disability Insurance

$2,000 FROM              A9060.8           Employee Benefits Hospital & Medical
            TO                   A8810.12         Cemetery Personal Services- Seasonal
          


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

HIGHWAY FUND OUTSIDE VILLAGE
$200    FROM             DB9060.8       Employee Benefits Hospital & Medical
            TO                   DB9055.8       Employee Benefits Disability Insurance

$4,574 FROM             DB9060.8       Employee Benefits Hospital & Medical
            TO                   DB5130.2       Machinery Equipment

TOWN CLERK REPORTS
  • The October and November Reports for monies collected through the Clerk’s office is on file. October had a total of $7,077.00 and November had a total of $5,870.70 collected.
  • The Fredonia Fire Department has given the monthly report for the month of November 2020. The month had a total of 165 calls with 37 being within the Town of Pomfret.
  • Pomfret Town Justice report for November 2020 is as follows:
Justice Dietzen Total Cases: 89
                        Total Fine & Surcharges: $7,882.00

                        Justice Pulci Total Cases: 162
                        Total Fine & Surcharges: $13,176.50
  • The Historian report for the month of December has been distributed to the board and is on file in the Clerk’s office.
  • The Town of Pomfret offices will be closed Friday, December 25,2020 and January 1, 2021   in observance of Christmas and New Year’s Day.
  • Councilman Schaeffer made a motion to authorize Town Clerk Vento to be the voting delegate, and Supervisor Pacos as alternate for the Association of Towns Annual Business Meeting held in February 2021. The motion was seconded by Councilman Sedota and carried unanimously.

AUDIENCE CONCERNS
-none-
SUPERVISOR PACOS
  • Councilwoman Eckman made the motion to authorize Supervisor Pacos to enter into a one-year agreement for 2021 with Catherine Pratt as the fitness instructor for the Grape Belt Seniors 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.
  • Councilman Sedota made the motion to authorize Supervisor Pacos to enter into an agreement with the Mary E. Seymour Library in the amount of $2,000.00 for the year 2021. The motion was seconded by Councilman Schaeffer and carried.
  • Councilman Schaeffer made the motion to authorize Supervisor Pacos to enter into an agreement with the Darwin R. Barker Library for the year 2021 in the amount of $68,000.00 to be paid in four quarterly payments. The motion was seconded by Councilman Christy and carried.
  •  Councilman Christy made the motion to authorize Supervisor Pacos to enter into an agreement with the Cassadaga Lakes Association for the year 2021 in the amount of $2,000.00 for weed removal. The motion was seconded by Councilman Sedota and carried.
  • Councilman Christy made the motion to authorize Supervisor Pacos to enter into an agreement with the Forest Lodge #166 in the amount of $7,200.00 for rental space for the Grape Belt Seniors for the year of 2021. The motion was seconded by Councilwoman Eckman and carried.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into a three-year agreement with Fredonia Animal Hospital. The motion was seconded by Councilman Schaeffer and carried.


 
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with the Village of Fredonia to amend the water and sewer rates for Town of Pomfret districts. Motion is contingent on the Supervisor sharing the finalized contracts with board members before signing. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Pomfret board received a letter from Jamie Oakes in regards to allowable uses in an AR2 zone. Specifically, he asked for “an update in the allowable uses in the Town of Pomfret Zoning Code to include a pet care facility (“kennels”) in an AR2 zone.” After discussion, the board is looking to allow this use by Special Use Permit. Town Attorney Passafaro will draft the language and report back to the board.
  • Councilman Christy made a motion to appoint Matthew Estep, Fredonia, N.Y. to the Zoning Board of Appeals as an alternate member with a term to expire in 2023 with a rate of pay established in the Organizational Meeting Minutes. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Sedota made a motion to hire Loren Laurito, Fredonia, N.Y. as second Dog Control Officer at a rate of pay established in the Organizational Meeting Minutes. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to approve the request for water service within the North End Water District from Fredonia Chrysler pending the approval of the Village of Fredonia. The motion as seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to approve the request for water service within the North End Water District from John Fitzgerald. This request was approved by the Village of Fredonia on November 29, 2020. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to amend the 2020 Organizational Meeting Minutes to reflect Allison Vento as Pomfret Tax Collector and Ann Renckens as Deputy Tax Collector effective 12/9/2020 at a rate of pay established in the 2020/2021 Budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to hire W. Scott Washington, Cassadaga, N.Y. as a substitute Pomfret Court Officer at a rate of pay of $15.00 per hour effective November 24, 2020. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to hire Brad Dietzen, Fredonia, N.Y. as a substitute Pomfret Court Officer at a rate of pay of $15.00 per hour effective December 8, 2020. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A discussion was had in regards to the Lily Dale Sewer charges. The board is planning ahead on possible changes to the sewer rate/charge per quarter once the Lily Dale Water District is complete. Once a decision is made the Lily Dale Assembly will be notified.
  • The Town of Pomfret and Village of Fredonia have received to two RFP’s (Request for Proposals) for the Joint Comprehension Plan. The two firms which submitted proposals are Ingals and Barton Loguidice. The municipalities will be meeting with each firm for further questions and information before making a decision. The meetings are set for December 16th & 17th, 2020 at Pomfret Town Hall.
  • Supervisor Pacos received a letter from Pomfret resident, Anthony Scarapino, stating his pleasure with the way his concerns were handled by Highway Superintendent Gardner. The letter was shared with the board.
  • Troy and Banks, who conducted an audit on Pomfret utilities, has completed their work. No discrepancies were found with the overall billing.
  • Supervisor Pacos met with the Village of Cassadaga in regards to the water billing for Lily Dale. Many concerns were addressed and a mutual agreement on billing quarterly was established. The Cassadaga Attorney will be drafting the language for the billing/collecting within Lily Dale.
  • The board discussed the options brought forth by Eric Weiss pertaining to the roof repairs at the Highway barns and the salt barn. The board is in favor of having him move forward with quotes as long as they are within the $450,000.00 budget.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman distributed a draft of cemetery rules and regulations produced by the sexton. These are to be reviewed by the board and any changes brought to the next board meeting. Councilwoman Eckman will ask the sexton to include items discussed with her and Attorney Passafaro for the final document.  

COUNCILMAN SEDOTA
  • Councilman Sedota thanked the board for a great year given the obstacles due to COVID-19.

COUNCILMAN CHRISTY
  • Councilman Christy provided an update on the Lily Dale Waste Water Treatment Plant. The work is completed. He stated the phosphorus removal is currently non active due to the winter months. Town Clerk Vento added the Grant Agreement has been signed and the final paperwork is being completed.
  • The Fredonia Fire Department has expressed the difficulty in recruiting volunteer fireman. Councilman Christy is working with the department on ways to entice individuals to give back to their community. He stated there are some NYS towns which are providing a stipend to those who volunteer within that community.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The month of November work report was distributed to the board.
  • A report of projects completed was given and updated for the year 2020.
  • Councilman Christy made a motion to authorize Highway Superintendent Gardner to purchase a winter plow system not to exceed $6,000.00 from Russert Equipment, LLC. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase guardrails and components at an amount not to exceed $6,000.00 from Chemung Supply though Source Well. The motion was seconded by Councilman Sedota and carried unanimously.

TOWN ATTORNEY PASSAFARO
  • Attorney Passafaro informed the board Governor Cuomo has extended the Executive Order in regards to meetings until December 31, 2020.

DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting at 7:32P.M and enter into an executive session with no action to be taken for the purpose of discussion of particulars to a specific department (Assessor’s Office and Highway Department). The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Christy to close the executive session at 7:54P.M. and reconvene the Regular Town Board Meeting. The motion was seconded by Supervisor Pacos and carried unanimously.

DULY MOVED by Councilman Christy to adjourn the Regular Town Board Meeting at 7:55P.M. The motion was seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

November 11, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. November 11, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                Supervisor Daniel Pacos
                Town Clerk Allison Vento
                Town Counsel Jeffrey Passafaro
                Highway Superintendent Jude Gardner
                                               

                                              
COUNCILPERSONS:     John Sedota
                                        Ann Eckman
                          Brett Christy-attended by phone due to COVID-19
                                      Christopher Schaeffer
                                   
The Pledge of Allegiance was led by Supervisor Pacos to open the Regular Town Board meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the October 14, 2020 Regular Town Board Meeting Minutes. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED By Councilwoman Eckman to accept the minutes of the November 4, 2020 Public Hearing Minutes-2021 Lily Dale Fire Contract with amendment noted below. The motion was seconded by Councilman Sedota and carried unanimously.
*” …. a motion was made by Councilman Sedota, seconded by Councilman Christy to close the Public Hearing at 5: 33P.M….”

DULY MOVED By Councilman Schaeffer to accept the minutes of the November 4, 2020 Public Hearing Minutes-2021 Preliminary Budget. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 11 of 2020 with four additions. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:                               
Supervisor Pacos-AYE                                             
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

Additions:     Voucher #       Amount           Vendor           Fund
       46807              $989.45           Aries Chemicals          SS8130.4
        46809              $1,409.00        Lawley Tradition        A1910.4
         46702              $1,704.00        Municipal Solutions    SW8310.4
        46806              $366.95           Willow Bay                 A1620.4
General Fund Town Wide      $12,707.36
General Fund Part Town        $10,247.51
Highway Fund Town Wide    $1,961.46
Highway Fund Part Town       $31,319.08
Berry Water District               $58.19
Chestnut Water District          $35.50
North End Water District        $35.50
Van Buren Water                    $1,704.00
Lily Dale Sewer District         $5,040.06
Capital Projects                       $2,555.15



TOWN CLERK REPORTS
  • Town Justice reports have been filed in the Clerk’s office
OctoberJustice Pulci
Total cases heard: 185
Total Fines & Surcharges collected: $16,331.00
     October- Justice Dietzen
            Total cases heard: 144
            Total Fines & Surcharges collected: $11,450.50
  • The Historian Report for the month of November 2020 has been distributed to the board and is on file in the Clerk’s office.   
  • The Fredonia Fire Department provided the monthly report for October 2020. There was a total of 154 calls with 26 being within the Town of Pomfret. The report is on file with the Town Clerk.
  • Pomfret Offices will be closed November 26th and 27th, 2020 for the Thanksgiving Holiday.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the 2021 Budget with the following rates: Townwide Rate is 4.0567811 ($0.08 increase)
                               Additional Outside Village rate is 4.5233139
                           Total Outside Village is 8.5800950 ($0.00)
The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
ROLL CALL:
Supervisor Pacos-AYE
Councilwoman Eckman-AYE
Councilman Schaeffer- Abstain
Councilman Christy-AYE
Councilman Sedota-AYE
  • Councilman Schaeffer made a motion to approve the 2021 Lily Dale Fire contract in an amount not to exceed $30,100.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to authorize the Lily Dale Water Service Easement Agreement. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to pay all year end bills for the year 2020. The motion as seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule the 2021 Organizational Meeting on January 13, 2021 at Pomfret Town Hall, 9 Day Street, Fredonia, at 6:00P.M. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions to authorize the amendment to renew the original contract dated October 22, 2019 and add additional scope for the Van Buren Water Project. The motion was seconded Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions to authorize the agreement for general financial services for the replacement of the roof at the highway barns. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town of Pomfret has been notified there is someone interested in restoring the Van Buren Drive-In Movie Theater.
  • The Lily Dale Waste Water Treatment Plant is moving forward. The project completion is anticipated for the end of this year. An agreement to accept the grant will be coming to the Town Clerk by the end of the month.
  • The Town of Pomfret has received notice from the Town of Arkwright they are considering a proposal by Spectrum Northeast LLC, locally known as Charter Communications, to provide cable television service to the Town of Arkwright.
  • The internal audit committee has been established to include Councilman Sedota and Councilman Schaeffer.
  • The Town has received three letters of interest for the vacancy on the Zoning Board of Appeals. Councilman Christy and Councilwoman Eckman will reach out to those interested and conduct interviews and give their recommendation to the board.
  • St. Joseph’s and St. Anthony’s Church will be holding a food drive for the Chautauqua County Rural Ministries on November 14th and 15th at Pomfret Town Hall.

COUNCILWOMAN ECKMAN
  • The Small Business Revolution reveal party was well attended at the Vineyard Golf Course. All of COVID-19 procedures were in place.

COUNCILMAN SEDOTA
  • In observance of Veteran’s Day, Councilman Sedota gave thanks to all for their service and honor to those who have served and continue to serve.

COUNCILMAN CHRISTY
  • Councilman Christy will be accepting letters of interest for the vacancy of the Dog Control Officer until December 1, 2020. All letters can be submitted to the Town Clerk.
  • Councilman Christy gave thanks to Highway Superintendent Gardner on a job well done on the painting of the barns conducted by members of the highway department.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The October monthly report was distributed to the board.
  • The Brainard Road project has been completed.
  • The new truck has been delivered and ready for the winter season.
  • The cemetery crew is working diligently to collect all leaves for the season and finish any maintenance before the winter.
  • The Chapel work has been completed. Mr. Gardner thanked the Northern Chautauqua Community Foundation for the monies to complete the work.

TOWN ATTORNEY JEFFREY PASSAFARO
  • Mr. Passafaro notified the board Governor Cuomo has extended the Executive Order until December 3, 2020.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board meeting, seconded by Councilman Schaeffer and carried unanimously at 7:10 P.M.


Respectfully Submitted,

Allison Vento
Town Clerk
          
 

November 4, 2020-Public Hearing 2021 Preliminary Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 4, 2020 at 5:45P.M. at the Town Hall, 9 Day Street, Fredonia, New York.

PRESENT:    Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro

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

ABSENT:       Town Clerk Allison Vento
          

The Public Hearing is being held for the purpose of the 2021 Budget. This budget reflects a Town wide Rate of 4.0567811. Additional Outside Village rate of 4.5233139 and Total Outside Village rate of 8.5800950. The Town wide rate has 0.08 increase while the Total Outside Village rate has a 0.00 increase.

Comments:
With no questions, comments or concerns from the public, a motion made by Supervisor, Daniel Pacos seconded by Councilman John Sedota to close the public hearing at 5:46 P.M. The motion was carried. 

Respectfully Submitted,


Ann Renckens
Deputy Town Clerk


                       
 

November 4, 2020-Public Hearing-Lily Dale Fire Contract

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 4, 2020 at 5:30P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
PRESENT:    Supervisor Daniel Pacos
                        Deputy Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman
                        Councilman Brett Christy

ABSENT: Town Clerk Allison Vento
                                                                                                                      
Supervisor Pacos opened the Public Hearing for the purpose of the 2021 Lily Dale Fire Contract.  The purposed amount for the 2021 contract is $30,400.00.

THIS AGREEMENT, made effective the 1st day of January 2021 between the TOWN OF POMFRET, a municipal corporation, located in the County of Chautauqua and State of New York, and the LILY DALE VOLUNTEER FIRE CO., INC., also a municipal corporation, located in the Town of Pomfret, County of Chautauqua and State of New York.
                WHEREAS, there has been duly established in the said Town of Pomfret, Chautauqua County, New York, A Fire Protection District, known as the “LILY DALE FIRE PROTECTION DISTRICT” embracing the territory in said Town, as such territory is more fully described in the Resolution establishing such district, and duly adopted by the Town Board of said Town of Pomfret on the 29th day of December 1958, and,
                WHEREAS, following a public hearing duly called, the Town Board duly authorized a contract with the Lily Dale Volunteer Fire Co., Inc. for fire protection in said district upon the terms and provisions herein set forth, and
                NOW THEREFORE, the Town of Pomfret does engage the Lily Dale Volunteer Fire Co., Inc. to furnish fire protection and emergency services to said District and the Lily Dale Volunteer Fire Co., Inc. agrees to furnish such protection, in the manner following to wit:
                1. SERVICES PROVIDED: The Lily Dale Volunteer Fire Co., Inc. shall at all times during the period of this agreement, be subject to call for attendance upon any fire or emergency occurring in such district, and when notified by alarm or telephone call or otherwise from any person of a fire or emergency within the district, such department shall respond and attend upon the fire or emergency without delay with suitable ladder, pumping and hose apparatus, and ambulance of said volunteer fire company. Upon arriving at the scene of the fire, the firemen of said volunteer fire department attending shall proceed diligently and, in every way, reasonably suggested to the extinguishment of the fire, and/or care of emergency and the saving of life and property in connection therewith.
                2. EQUIPMENT AND MANPOWER: The Lily Dale Volunteer Fire Co., Inc. shall furnish such service and equipment aforesaid in answering calls in said district, and such other equipment or apparatus as the Fire Chief of the Lily Dale Volunteer Fire Co., Inc. may deem necessary, and the personnel of the Fire Department as has been heretofore performed in answering calls in said district.
                3. CONTRACT AMOUNT: In consideration of furnishing aid and the use of the said service and equipment or apparatus, the Lily Dale Volunteer Fire Co., Inc. shall be paid by the Town the sum of $30,100.00 for the terms of this contract to be paid on or before April 1, 2020. The foresaid payment to the Fire Company for its service shall include and cover all the costs and expenses, which may be incurred by the Company providing fire protection under the contract such as damage for loss to apparatus and equipment.
                NOTE; In determining the above consideration, the cost of debt service for the addition to the fire hall was excluded from the volunteer fire department budget and will be similarly not considered in future contracts.
                4. CONTRACT TERM; this contract is to become effective January 1, 2021 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2021 unless sooner terminated in a manner provided by law.
                5. DISTRICT CHARGE: All monies to be paid under the provisions of this agreement shall be a charge upon said Fire Protection District to be assessed and levied upon the taxable property in said district and collected with the Town taxes.
                6. Members of the fire company while engaged in the performance of their duties answering, attending upon or returning from any call provided for by this contract shall have the rights, privileges and immunities as provided by law.

Comments:
With no additional comments or concerns by the public, a motion was made by Councilman Sedota, seconded by Councilman Brett Christy to close the public hearing at 5:33 P.M. The motion carried unanimously.

Respectfully Submitted,

Ann Renckens, Deputy Town Clerk
 

October 14, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. October 14, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                Supervisor Daniel Pacos
               Town Clerk Allison Vento
              Town Counsel Jeffrey Passafaro
                                               

                                              
COUNCILPERSONS:       John Sedota
                                          Ann Eckman
                                          Brett Christy
                                         Christopher Schaeffer

ABSENT:               Highway Superintendent Jude Gardner

                                   
The Pledge of Allegiance was led by Supervisor Pacos to open the Regular Town Board meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the September 9, 2020 Public Hearing Minutes-Local Law #2 of 2020 Zoning Amendments. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 9, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 1, 2020 Special Meeting Minutes of the Town Board. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 10 of 2020 with one addition. The addition is to the Mary E. Seymour Library in the amount of $2,000.00. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $26,864.62
General Fund Part Town        $19,193.63
Highway Fund Part Town       $243,195.74
Berry Water District               $7,900.51
Chestnut Water District          $2,950.30
North End Water District        $39,731.87
Rt. 20 Water District               $91.96
Rt. 20 Sewer District              $146.07
Rt. 60 Water District               $4,927.88
Rt. 60 Sewer District              $6,367.85
Lakeview Sewer District        $1,175.18
Lily Dale Sewer District         $10,693.93
Sewer District 1                      $3,044.64
Sewer District 2                      $1,952.79
Capital Projects                       $3,604.75
 
TOWN CLERK REPORTS
  • Town Justice reports have been filed in the Clerk’s office
SeptemberJustice Pulci
Total cases heard: 234
Total Fines & Surcharges collected: $17,011.00
     September- Justice Dietzen
            Total cases heard: 110
            Total Fines & Surcharges collected: $8,694.00
  • The Historian Report for the month of October 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Clerk Vento provided to the Pomfret Board a report of monies received through the Clerk’s Office for September 2020. A total of $16,880.30 was collected. The report is on file in the office of the Town Clerk.
  • The Fredonia Fire Department provided monthly reports for the months of August and September. August had a total of 139 calls with 23 being within the Town of Pomfret. September had a total of 147 calls with 38 being within the Town of Pomfret. The reports are on file with the Town Clerk.
  • Councilman Schaeffer made a motion to authorize the Town Clerk to enter into an agreement with Eagle Systems of Jamestown for the Annual Service and Supply Maintenance Agreement for the period of January 21, 2021 to January 20, 2022 in the amount of $1,320.00. The motion was seconded by Councilman Christy and carried unanimously.
  • The Feeding Fredonia Challenge will be collecting donations at the First Presbyterian Church, 219 Central Ave., Fredonia from October 12-23,2020.
  • Town Clerk Vento informed the board she has been asked to be apart of the Association of Towns Resolutions Committee for the 2020-2021 year. This is a committee to help assist the Executive Committee in developing and communicating the Associations policy and positions on legislative issues.

AUDIENCE CONCERNS:
  • Representatives from Drescher & Malecki LLP were in attendance to present the documents for the audit recently conducted for the fiscal year of 2019. Each Board member received a presentation and documents on the opinions of the audit.
  • Councilwoman Eckman made a motion to accept the audit and management letter from Drescher & Malecki LLP. The motion was seconded by Councilman Sedota and carried unanimously.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the 2021 Lily Dale Fire Contract on Wednesday, November 4, 2020 at 5:30P.M. to be held at Pomfret Town Hall, 9 Day Street, Fredonia. The purposed contract is for an amount not to exceed $30,400.00. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the 2021 Preliminary Budget on Wednesday, November 4, 2020 at 5:45P.M. to be held at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to accept the letter of resignation from Pomfret Dog Control Officer, Joshua Cybart, effective September 13, 2020. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Letters of interested for the vacancy of Dog Control Officer will be accepted by the Town Clerk until November 1, 2020.
  • The NYS DEC has notified the town of amending the Freshwater Wetlands Map for Chautauqua County. The boundaries will include parcel 181.00-2-18 in the Town of Pomfret.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement as written, pending acceptance from the other parties, with the North County Water District and the Village of Fredonia for interconnection lines in Sheridan and Portland. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy voiced his concerns with making sure there are policies and procedures in place for the interconnection use of the lines. Supervisor Pacos stated he will bring those concerns to the board of the North County Water District.
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Waste Water Treatment Plant- work in progress
-Lily Dale Water District- Awaiting Cassadaga approval of water contract
-Van Buren Water Replacement line- Funding application submitted to Rural Development
-Joint Comprehensive Plan with Village- Planning Board to schedule remaining presentations-finalizing RFP for firms based on info from the County Planning Dept.
-Route 60 Safety Study- Expansion/Turn Lane project slated-awaiting public hearings
-Brooks Hospital-Plans on hold due to COVID-19
-Lighting upgrade- awaiting update from National Grid
-Renegotiation of water rates- waiting to hear from Village in regards to their offer.
-Assessment Roll Reval-having discussions on possible plan with town assessor, and possible joint plant with neighboring towns.
-Utility Audit-Troy and Banks have completed the audit and have found two discrepancies in billing for the street lighting.
  • Supervisor Pacos is awaiting quotes for a columbarium at the Forest Hill Cemetery. Councilwoman Eckman stated she will contact the Northern Chautauqua Community Foundation for funds.
COUNCILMAN CHRISTY
  • Councilman Christy inquired about the status of the cell tower on Chautauqua Road. The final electrical inspection has not been completed by the Code Enforcement Officer, Warren Kelly. Mr. Kelly is going conduct the inspection and inquire about any co-locaters on the tower.
  • Praise was given to Highway Superintendent Gardner and the department for their job well done on the Brainard Road project as well as the painting of the barns.
  • Mr. Christy attended a meeting with the local fire department in regards to recruiting volunteers. The numbers are low and they are exploring ideas to increase participation.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman informed the board the Small Business Revolution will be releasing details on a reveal party to be held in the town on November 10, 2020. This is the date the show will air and feature small business winners in Fredonia.
COUNCILMAN SEDOTA
  • Councilman Sedota questioned the brush cleanup on Adams Road. Mr. Christy stated the second round of mowing has begun.
  • Councilman Sedota congratulated the highway department on their job well done with current projects.
 HIGHWAY SUPERINTENDENT JUDE GARDNER (absent, reports given by Supervisor Pacos)
  • The September monthly work report was distributed to the board.
  • The department has been working on pressure washing and painting the exterior at the barns on Chautauqua Road.
  • Councilman Schaeffer made a motion to authorize the road use and preservation permit for McAllister Road from Southern Tier Express conditioned upon filing with the Town the certificate of insurance and performance bond. The motion was seconded by Councilman Sedota and carried unanimously. Southern Tier Express will be using McAllister Road for the purpose of transporting wind turbine materials.
 
  • Councilman Christy made a motion to authorize the Highway Superintendent to offer for sale and declare surplus the 1982 OshKosh and #10 Sterling truck in a manner to recoup for the tax payers the greatest amount possible. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board meeting, seconded by Councilwoman Eckman and carried unanimously at 7:52P.M.


Respectfully Submitted,

Allison Vento
Town Clerk
          
 

October 1, 2020 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. October 01, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

COUNCILPERSONS:         
Christopher Schaeffer
Brett Christy
Ann Eckman

ABSENT:       John Sedota

The Pledge of Allegiance of the Flag was recited.

The purpose of this Special Meeting of the Pomfret Town Board is for the Town Clerk to present the 2021 Tentative Budget to the Pomfret Town Board.

The 2021 Tentative Budget was distributed to the Town Board by Town Clerk, Allison Vento.

Supervisor Pacos noted the Town wide Rate is 4.5577043 and the Outside Village Rate of 4.4085576 for a total Outside Village Rate of 8.9662619.

With no further lawful business before the Pomfret Town Board, the Pomfret Town Board moved to adjourn.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Special Town Board Meeting at 5:20 P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

September 9, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 9, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                 Supervisor Daniel Pacos
                 Town Clerk Allison Vento
                 Town Counsel Jeffrey Passafaro
                 Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                              Ann Eckman
                                              Brett Christy

ABSENT:                            Christopher Schaeffer

                                   
The Pledge of Allegiance was led by Supervisor Pacos to begin the public hearing prior to the regular meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the August 12, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 9 of 2020. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $16,053.41
General Fund Part Town        $457.61
Highway Fund Part Town       $58,268.15
Berry Water District               $22.84
North End Water District        $241.19
Lily Dale Sewer District         $2,918.47
Capital Projects                       $2,237.24

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for August 2020. A total of $12,252.20 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of September 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Justice reports have been filed in the Clerk’s office
AugustJustice Pulci
Total cases heard: 112
Total Fines & Surcharges collected: $9,083.00

     July- Justice Dietzen
            Total cases heard: 65
            Total Fines & Surcharges collected: $5,944.00

AUDIENCE CONCERNS:
-None-


SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to schedule a Special Meeting of the Pomfret Town Board, for the purpose of Town Clerk Vento to present the Tentative 2021 Budget on Thursday, October 1, 2020 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to schedule the following workshops at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of discussing the Tentative 2021 Budget. The motion as seconded by Councilman Sedota and carried unanimously.
-Wednesday, October 7, 2020 at 5:00P.M.
-Wednesday, October 14, 2020 immediately following the Regular Town Board Meeting
-Wednesday, October 28, 2020 at 5:00P.M.
  • Supervisor Pacos made a motion to make a negative declaration for SEQR for the purposed Local Law #2 of 2020-Amending Local Law No. 2 of 1995 entitled ‘The Zoning Law of the Town of Pomfret’, and amending Local Law No. 2 of 2014 ‘Adopting the Code of the Town of Pomfret’. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to adopt Local Law #2 of 2020, seconded by Councilwoman Eckman and carried unanimously.
Section One- Purpose:
The Town Board of the Town of Pomfret after review of certain provisions, and various circumstances that have arisen in a part of its R-3 A Zoning District covering the lands comprising Lily Dale and the Lily Dale Assembly, does desire to amend certain provisions pertaining thereto.

Section Two-Authority:
The Town Board hereby exercises the authority granted to it under the Town Law, General Municipal Law, and Municipal Home Rule Law of the State of New York, to protect the health, safety, welfare, of persons and property, and further exercises its general police powers, within the Town

Section Three: Amendment to Section 300-12 B, Use by Right:
The following to apply only within that part of R3 within the grounds of the Lily Dale Assembly:
Bed and Breakfast/Boarding House as defined herein
Office-not exceeding 500 sq ft of space
Retail Business, General-not exceeding 500 sq ft
Service Business, General-not exceeding 500 sq ft
Home occupation-where such occupation does not exceed 20 per cent of the total square footage of the structure

Section Four-Amendment to Section 300-12 C, Use by Special Use Permit:
The following to apply only within that part of R3 within the grounds of the Lily Dale Assembly:
Office-Exceeding 500 sq feet of space
Retail Business, General-exceeding 500 sq ft of space
Service Business, General-exceeding 500 sq ft of space
Home occupation, where such occupation exceeds 20 per cent of the total square footage of the structure.
Any application of such use shall be made by the lessee/occupant of such property in Lily Dale, with the consent of the Lily Dale Assembly, which shall have first been obtained and presented in writing as part of such application, or said application shall be consented to and joined in by the Lily Dale Assembly. Proof of Assembly participation and/or approval shall be evidenced by written resolution or other written submission on letterhead, signed by a duly authorized officer of said Assembly, setting forth the facts and proceedings of said General Assembly of Lily Dale therein pertinent to said application.
All such applications for Special Use Permits shall be before the Pomfret Zoning Board of Appeals, and shall meet all the requirements of any special use permit application as required by this local zoning code and State law.


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

Section Seven- Effective Date:
This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.
  • CBI, Chadwick Bay Intermunicipal Waterworks, has appointed Supervisor Pacos as Treasurer effective January 2021. The board congratulated him on his new position with the organization. This is a position currently being held by Portland Supervisor, Dan Schrantz.
  • Councilman Christy made a motion to approve the request for residential water service at 5315 West Main Rd., Fredonia within the North End Water District, Phase I. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to accept the letter of resignation, with regret, from Greg Danielson, Pomfret Zoning Board, effective August 31, 2020. A motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to accept the letter of resignation from Doug Bunge, Dog Control Officer, with regret, effective September 14, 2020. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to appoint JohnPaul Long, on recommendation of Doug Bunge, of 3495 Webster Road, Fredonia, as Pomfret Dog Control Officer, effective September 14, 2020 at a rate of pay established in the 2020 Budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the request from Linda Blodgett, Wreaths Across America, to utilize the Forest Hill Cemetery on December 19, 2020. The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos updated the numerous projects within the Town of Pomfret.
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Water District- Work in Progress
-Van Buren Water Replacement line- Presentation on website, letters being mailed to residents
-Joint Comprehensive Plan with Village- Planning Board to schedule remaining presentations-working on RFP for firms based on info from County Planning Dept.
-Route 60 Safety Study- Expansion/Turn Lane project slated-awaiting public hearings
-Brooks Hospital-Plans on hold due to COVID-19
-Town Reval- Discussion with Kevin Muldowney, Assessor, and possible joining reval plan with neighboring town(s)
-Lighting upgrade- awaiting update from National Grid
-Renegotiation of water rates- negotiations seem to have stalled at Village. Evaluating the Town’s options
  • Supervisor Pacos has received a draft of the audit report from Drescher and Malecki. Representatives will be attending the next Town Board Meeting to discuss in further detail.
  • A joint Comprehensive Plan meeting with the Village and Town has been scheduled for Monday, September 14, 2020 at 6:00P.M. at the Fredonia Opera House.

COUNCILMAN CHRISTY
  • Councilman Christy gave an update on the Lily Dale Waste Water Treatment Plant. The building has been built and insulated. Town Clerk Vento added the grant paperwork has been submitted on behalf of the board.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • An August report was distributed with all work completed by the Highway Department for the month.
  • Councilman Christy made a motion to authorize the hire, on recommendation of Superintendent Gardner, of Tyler Rosen, 34 Cleveland Ave., Fredonia for cemetery maintenance for 35 hours per week at a minimum wage. The motion was seconded by Councilman Sedota and carried unanimously.
  • With shared services with the County, Frisbee and Glasgow Roads have been paved.
  • The Highway Department has begun the Brainard Rd. bridge work. It is expected to be completed in two to three weeks.

DULY MOVED by Councilman Sedota to close the Regular Town Board meeting, seconded by Councilwoman Eckman and carried unanimously at 7:05P.M.

Respectfully Submitted,

Allison Vento
Town Clerk
          
 

September 9, 2020 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 9, 2020 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
*The Public attended via Google Meet due to the NYS Executive Order on Public Hearings.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Christy
                                  
ABSENT:      Councilman Schaeffer
          
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the public hearing is to hear comments from the public regarding the purposed local law-. Amending Local Law NO. 2 of the Year 1995 entitled ‘The Zoning Law of the Town of Pomfret’, and amending Local Law NO. 2 of 2014 ‘Adopting the Code of the Town of Pomfret’.

Town Clerk Vento provided proof of posting and publishing. The Town Board also received a letter from the Division of Planning and Community Development of Chautauqua County. The letter states the purposed local law would have no significant county-wide or inter-community impact and the proposal would be a matter of local concern.

Section One- Purpose:
The Town Board of the Town of Pomfret after review of certain provisions, and various circumstances that have arisen in a part of its R-3 A Zoning District covering the lands comprising Lily Dale and the Lily Dale Assembly, does desire to amend certain provisions pertaining thereto.

Section Two-Authority:
The Town Board hereby exercises the authority granted to it under the Town Law, General Municipal Law, and Municipal Home Rule Law of the State of New York, to protect the health, safety, welfare, of persons and property, and further exercises its general police powers, within the Town

Section Three: Amendment to Section 300-12 B, Use by Right:
The following to apply only within that part of R3 within the grounds of the Lily Dale Assembly:
Bed and Breakfast/Boarding House as defined herein
Office-not exceeding 500 sq ft of space
Retail Business, General-not exceeding 500 sq ft
Service Business, General-not exceeding 500 sq ft
Home occupation-where such occupation does not exceed 20 per cent of the total square footage of the structure

Section Four-Amendment to Section 300-12 C, Use by Special Use Permit:
The following to apply only within that part of R3 within the grounds of the Lily Dale Assembly:
Office-Exceeding 500 sq feet of space
Retail Business, General-exceeding 500 sq ft of space
Service Business, General-exceeding 500 sq ft of space
Home occupation, where such occupation exceeds 20 per cent of the total square footage of the structure.
Any application of such use shall be made by the lessee/occupant of such property in Lily Dale, with the consent of the Lily Dale Assembly, which shall have first been obtained and presented in writing as part of such application, or said application shall be consented to and joined in by the Lily Dale Assembly. Proof of Assembly participation and/or approval shall be evidenced by written resolution or other written submission on letterhead, signed by a duly authorized officer of said Assembly, setting forth the facts and proceedings of said General Assembly of Lily Dale therein pertinent to said application.
All such applications for Special Use Permits shall be before the Pomfret Zoning Board of Appeals, and shall meet all the requirements of any special use permit application as required by this local Zoning Code and State law.

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

Section Seven- Effective Date:
This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.
                                                          
Public Comments
  • David Fridmann, Pomfret Zoning Board Chairman, gave thanks to the boards in their collaboration in updating this code. He is happy with the law changes and feels it’s better and more helpful for the community residents.
  • Mark Thomas, Lily Dale Resident and past Pomfret Supervisor, expressed his support for the proposed changes. When these laws were first formed it was written to prohibit commercial development within the Assembly grounds. He applauded the Lily Dale Board and Pomfret Board for negotiating solutions for zoning land use in the Town of Pomfret.
  • Jan Dreschman, Lily Dale Board member and resident, voiced her support and thanked the board for moving forward and working together professionally during the negotiations.
  • Rick Davis, Lily Dale resident, asked the board if the new purposed local law is applied to previous business within the Assembly or if they will be ‘grandfathered’ in. Pomfret Supervisor, Dan Pacos, noted this new legislation is for business moving forward and established businesses, prior to the new changes, will be ‘grandfathered’ in.

With no further public comments, a motion made by Councilman Sedota, seconded by Councilwoman Eckman to close the hearing at 6:22P.M. The motion was carried unanimously.


Respectfully Submitted,

Allison Vento,
Town Clerk
 

August 12, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. August 12, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                     Supervisor Daniel Pacos
                     Town Clerk Allison Vento
                     Town Counsel Jeffrey Passafaro
                     Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:       John Sedota
                                         Ann Eckman
                                        Christopher Schaeffer
                                        Brett Christy
                                    
The Pledge of Allegiance was led by Supervisor Pacos to begin the meeting.

DULY MOVED by Councilman Schaeffer to accept the minutes of the July 08, 2020 Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 8 of 2020. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $9,916.31
General Fund Part Town        $397.82
Highway Fund                         $247.46
Highway Fund Part Town       $28,571.75
Berry Water District               $12,835.29
Chestnut Water District          $4,014.17
North End Water District        $45,642.06
Rt. 60 Water District               $4,288.23
Rt. 60 Sewer District              $5,655.09
Rt. 20 Water District               $117.16
Rt. 20 Sewer District              $178.46
Sewer District 1                      $3,097.82
Sewer District 2                      $2,099.02
Lakeview Sewer District        $233.02
Lily Dale Sewer District         $28,261.06
Capital Projects                       $7,848.05

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for July 2020. A total of $9,025.20 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of August 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Justice reports have been filed in the Clerk’s office
JuneJustice Pulci
Total cases heard: 25
Total Fines & Surcharges collected: $1,855.00
     July-Justice Pulci
            Total cases heard: 48
            Total Fines & Surcharges collected: $5,309.00
     July- Justice Dietzen
            Total cases heard: 30
            Total Fines & Surcharges collected: $2,849.00
  • The Fredonia Fire Department submitted reports for the months of March thru July 2020.
March-      131 calls with 14 being within the Town of Pomfret
April-        96 calls with 25 being within the Town of Pomfret
May-          131 calls with 29 being within the Town of Pomfret
June-          147 calls with 46 being within the Town of Pomfret
July-          134 calls with 24 being within the Town of Pomfret

LILY DALE WASTEWATER TREAMENT PLANT Grant NO: 92515
  • Lori Lehnen, L2 Engineering, updated the board on the Lily Dale Waste Water Treatment Plant-Phosphorus removal project. She stated the project is moving along and should be completed by September 1, 2020. With the grant received by the DEC and EFC (Environmental Facilities Corporation) her contract amount needs to be amended to reflect the additional studies and best use of the grant for the benefit of the community. Within the additional work she will include a timeline for the boards use to determine how to allocate monies for repairs to the Waste Water Treatment Plant.
  • Councilwoman Eckman made a motion to approve the amended contract amount of $28,800.00 (difference of $649.00 from original contract). The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to adopt the following Resolution:
WHEREAS, Allison Vento, Pomfret Town Clerk, is authorized as the Representative for the Town of Pomfret to execute a Grant Agreement with the NYS Environmental Facilities Corporation and,
NOW THEREFORE BE IT RESOLVED, Allison Vento, Town Clerk is authorized to execute any and all other contracts, documents, and instruments necessary to bring about the project and to fulfill the Town of Pomfret obligations under the Grant Agreement.
The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion to adopt the following resolution:
WHEREAS, the Town of Pomfret authorizes and appropriates a minimum of 20% local match as required by the Engineering Planning Grant Program (EPG) for the Engineering Planning Grant NO. 92515: Preparation of a Preliminary Engineering Report for Phosphorus Removal at the Lily Dale Sewer District Wastewater Treatment Plant, and
WHEREAS, under the EPG program, this local match must be at least 20% of the EPG grant award of $30,000.00. The source of the local match, and any mount in excess of the required match shall be provided by the Lily Dale Sewer District fund balance, and
WHEREAS, the maximum local match shall not exceed $6,000.00 based upon a total estimated maximum project cost of $30,000.00, and
WHEREAS, the Pomfret Town Board recognizes the matching funds have already been spent in the amount of $7,200.00 and,
NOW THEREFORE, BE IT RESOLVED, Pomfret Town Clerk, may increase this local match through the use of in-kind services without further approval from the Town of Pomfret.
The motion was seconded by Councilman Christy and carried unanimously.
 
  • Councilman Christy made a motion to adopt the following resolution:
WHEREAS, Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Section 617.5 under the State Environmental Quality Review Act (SEQR) provides that certain actions identified in subdivision (c) of that section are not subject to environment review under the Environmental Conservation Law;
NOW, THEREFORE BE IT,
That the Town of Pomfret hereby determines that the proposed EPG Grant NO.92515- Preparation of a Preliminary Engineering Report for Phosphorus Removal at the Lily Dale Sewer District Wastewater Treatment Plant is a Type II action in accordance with 6 NYCRR Section 617.5 (c ) (21): conducting concurrent environmental engineering economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal or action, provided those activities do not commit the agency to comment, engage in or approve such action, and
NOW, THEREFORE BE IT RESOLVED, the project is not subject to further review under 6 NYCRR Part 617.
The motion was seconded by Councilman Schaeffer and carried unanimously.

SUPERVISOR PACOS
  • The Town Board held a discussion in regards to the Lily Dale Water District #8 about who and how the billing will be handled. After deliberation, the board advised Town Attorney Passafaro to inform the attorneys for the Lily Dale Assembly, the board is in favor of reading the master meter each month and sending a bill for total consumption. It will be decided upon the Assembly to collect from each property owner within Lily Dale the total of the master bill.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Purposed Local Law # 2 of 2020-Amending Local Law No. 2 of 1995 entitled “The Zoning Law of the Town of Pomfret, and amending Local Law No. 2 of the year 2014 adopting the Code of the Town of Pomfret on:
Wednesday, September 9, 2020 at 6:15P.M. via Google Meet. The motion was seconded by Councilman Christy and carried unanimously.
  • Purposed Local Law #3 of 2020- Installation and Placement of Battery Energy Storage Systems in the Town of Pomfret, was tabled. Mr. Pacos noted he will follow through with the Planning Board on their recommendations and report to the board at the next meeting.
  • Councilman Sedota made a motion to approve the following resolution:
RESOVED, by the Pomfret Town Board of the Town of Pomfret that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for the use by all officers in legally disposing of valueless records listed therein,
FURTHER RESOLVED, that in accordance with article 57-A:
a). only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein;
b). only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos stated Clark Patterson Lee will be putting together a presentation for the property owners in the Van Buren Water District on the potential upgrades for the water district. This will be a power point presentation the property owners can view at their leisure.
  • A motion made by Councilman Schaeffer to authorize the Supervisor to execute on behalf of the Town to the NYSDOT that the project of making the intersection of US 20 (East Main Street) and Temple Street in the Village of Fredonia  ADA Compliant along with Pedestrian Signal Upgrades as a de minimis use of Barker Commons by the Federal Highway Administration. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the hire, based on recommendation of Pomfret Justice Anthony Pulci, of Richard Griffith,
4792 W. Main Rd., Fredonia, as a Pomfret Court Officer at a rate of pay of $15.57 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to approve the application, pending Village of Fredonia approval, of request for water service at residential property located in the North End Water District Phase I, at 4305 Webster Road., Fredonia, owned by Beverly Strauser. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion to authorize Michael Risman, Hodgson and Russ,as council for the AT&T case regarding assessment of fiber optic lines within the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos informed the board the utility audit being conducted by
Troy & Banks is underway. The results will be shared with the board once completed.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to submit a letter of support to the Chautauqua County Office of Emergency Services for obtaining an EMS operating permit to pursue ambulance service though out Chautauqua County. The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Water District- waiting for approval of water contract from Cassadaga and the Lily Dale Assembly
-Van Buren Water Replacement line- Approval of SEQR and map, plan, and report. Advice from Town Attorney Passafaro is to wait until funds are identified for the project.
-Joint Comprehensive Plan with Village- Boards will hold a meeting for presentation
-Route 60 Safety Study- Expansion/Turn Lane project slated-awaiting public hearings
-Brooks Hospital-Plans on hold due to COVID-19 but still looking to relocate in the Village of Fredonia.
-Town Reval- Supervisor has asked Assessor to provide numbers and scope of work to the Town Board.
-Lighting upgrade- awaiting update from National Grid
-Renegotiation of water rates- Still negotiating with Village

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Highway Superintendent Gardner gave the July report of the work completed by the department.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to engage Farrell Roofing, after failed attempts to obtain bids, to conduct the following upgrades to the roof at Town Barns; set up safety per OSHA standards, remove metal coping on perimeter, screw and plate loose perimeter EPDM that has pulled away from the edge, adhere new EPDM 18’ strips to the three sides of the roof, reattach all metal coping (damaged metal or fabrication of new metal not included) and clean off and legally remove all work related debris at a cost not to exceed $10,000.00. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Sedota made a motion to ratify the resolution to separate the water line at the Forest Hill Cemetery. The waterline will be separated from the Gate House with shut-offs at the garage and Chapel, work to be done by the highway department at a cost not to exceed $1,000.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Glasgow and Frisbee Roads will be paved using shared services with Chautauqua County.
  • Superintendent Gardner has received the DEC permits to conduct the work for the Brainard Road culvert.
 
  • Councilman Christy made a motion to authorize “Casale Plumbing, Heating & AC” to provide labor for two water taps and chlorinator for Lily Dale at a cost not to exceed $2,400.00, and authorize “Lock City Supply” for parts not to exceed $1,028.78. The motion was seconded by Councilman Schaeffer and carried unanimously.

TOWN ATTORNEY JEFFREY PASSAFARO
  • Mr. Passafaro informed the board of the case filed by AT&T.
  • Mr. Passafaro will be executing the easements for the Gate House at Forest Hill Cemetery.
DULY MOVED by Supervisor Pacos to adjourn the Regular Town Bard Meeting to enter into Executive Session for the purpose of discussions relating to collective negotiations with no action to be taken. The motion was seconded by Councilwoman Eckman and carried unanimously. TIME: 7:50P.M.

DULY MOVED by Councilman Christy to close the Executive Session and return to the Regular Town Board Meeting at 8:05P.M. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Christy to close the Regular Town Board meeting, seconded by Councilwoman Eckman and carried unanimously at 8:06P.M.

Respectfully Submitted,

Allison Vento
Town Clerk
          
 

July 8, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. July 08, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                           Supervisor Daniel Pacos
                           Town Clerk Allison Vento
                           Town Counsel Jeffrey Passafaro
                          Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

                                   
The Pledge of Allegiance was led by Supervisor Pacos to begin the meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the June 10, 2020 Public Hearing Minutes. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the June 10, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 7 of 2020. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $21,664.27
General Fund Part Town        $17,462.69
Highway Fund Part Town       $20,402.20
Berry Water District               $22.76
North End Water District        $149.29
Lily Dale Sewer District         $703.91
VB Water District                   $16.20
Pomfret Fire Protection          $62,740.00

DULY MOVED by Supervisor Pacos to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWNWIDE
$1,516             FROM             A1990.4 Contingent Account
                        TO                   A1620.4 Buildings Equipment

            Transfer for town’s hare of alarm system upgrade at town hall

$2,896             FROM             A8810.4 Cemetery Contractual
                        TO                   A8810.2 Cemetery Equipment
            Transfer for the purchase of utility trailer

 TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for June 2020. A total of $11,948.20 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of July 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Justice reports have been filed in the Clerk’s office
MayJustice Pulci
Total cases heard: 53
Total Fines & Surcharges collected: $3,573.00
     June- Justice Dietzen
            Total cases heard: 32
            Total Fines & Surcharges collected: $1,792.00
  • Code Enforcement Officer, Warren Kelly, distributed a report to the board of building permits issued from January 1, 2020 to May 31, 2020.

AUDIENCE CONCERNS
-none-

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the amended agreement with Municipal Solutions for the Lily Dale Water District #8. The motion was seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Water District- waiting for approval of water contract from Cassadaga and the Lily Dale Assembly
-Van Buren Water Replacement line- Approval of SEQR and map, plan, and report. Advice from Town Attorney Passafaro is to wait until funds are identified for the project.
-Joint Comprehensive Plan with Village- Waiting for Nate Aldrich with County to provide scope of work. Both the Village and Town Planning Board Chairs will meet to discuss further.
-Route 60 Safety Study- Expansion/Turn Lane project slated-awaiting public hearings
-Brooks Hospital-Plans on hold due to COVID-19
-Town Reval- will discuss at future meeting.
-Lighting upgrade- awaiting update from National Grid
-Renegotiation of water rates- 4th session scheduled for 7/16

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman has informed the board discussions are beginning again with the County in regards to the center of the round-a-bout. She has reached out to the NYS Dept. of Transportation on the timing of completion. More to come at a future date.

COUNCILMAN CHRISTY
  • Councilman Christy updated the board in regards to the work being done to address the phosphorus levels at the Lily Dale Waste Water Treatment Plant. There was a change in work order due to the discovery of a cement underground structure while digging for the new foundation.
  • Councilman Christy made a motion to approve the change in the contracted amount by $1,989.57, recommended by the engineer, Lori Lehnen, L2 Engineering, for the labor and materials to restart, add for new forming, and add for additional concrete needed to the change of the work order. The motion was seconded by Councilwoman Eckman and carried unanimously.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Highway Superintendent Gardner gave the June report of the work completed by the highway department.
  • All Town of Pomfret cemeteries have been caught up with lawn care and maintenance.
  • The Highway Department has received and emergency permit from DEC to do repair work to the Van Buren Boat launch.
  • Councilman Christy made a motion to authorize Highway Superintendent Gardner to make repairs to a 2012 Kenworth Truck (#9) by Paul DeMarco in an amount not to exceed $5,992.40. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to authorize the Right of Way Use Permit to Dave Harrigar,  9440 Lamberton Road, to approve Rizzo Trenching to conduct a Horizontal Cross for a spring fed well by a 5 x 5 hole from his property to across the street, 9451 Lamberton Rd. by easement to install a 2” black pipe for a 10 gage wire from the house to the spring fed well. The permit fee to be collected is $576.25. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting at
7:42 P.M. The motion was seconded by Councilman Schaeffer and carried.

Respectfully Submitted,

Allison Vento
Town Clerk
          
 

June 10, 2020 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 10, 2020 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                                                                                                                      
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the public hearing is to hear comments from the public regarding the application submitted by Solar Liberty on behalf of S. St. George Enterprises for roof mounted solar panels at 3689 Webster Road, Fredonia.

AUDIENCE CONCERNS
  • Kelli Wilson, Solar Liberty, presented to the board a visual of the project.
With no additional comments or concerns by the public, a motion was made by Councilwoman Eckman, seconded by Councilman Schaeffer to close the public hearing at 6:18 P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento
Town Clerk
 

June 10, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 10, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                              Supervisor Daniel Pacos
                              Town Clerk Allison Vento
                              Town Counsel Jeffrey Passafaro
                              Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:         John Sedota
                                            Ann Eckman
                                            Christopher Schaeffer
                                            Brett Christy

                                   
The Pledge of Allegiance was led by Supervisor Pacos prior at the public hearing held at 6:15P.M.

DULY MOVED by Councilman Schaeffer to accept the minutes of the May 13, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 6 of 2020 with one addition. Voucher number 46301 in the amount of $30.38 to the OBSERVER. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $18,846.13
General Fund Part Town        $408.23
Highway Fund Part Town       $131,423.02
Berry Water District               $58.19
Chestnut Water District          $35.50
North End Water District        $105.81
Lily Dale Sewer District         $6,382.03
                      

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for May 2020. A total of $7,546.00 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of June 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Justice reports have been filed in the clerk’s office
MarchJustice Pulci
Total cases heard: 110
Total Fines & Surcharges collected: $9,573.00
April- Justice Pulci
            *Due to COVID-19 court was shut down. No money was collected or cases heard.
     May-Justice Dietzen
            Total cases heard: 48
            Total Fines & Surcharges collected: $4,967.00
  • The Town of Pomfret Offices will be closed Friday, July 3, 2020 in observance of the Fourth of July holiday.

AUDIENCE CONCERNS
-none-

SUPERVISOR PACOS
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Water District- waiting for approval of water contract from Cassadaga and the Lily Dale Assembly
-Van Buren Water Replacement line- Approval of SEQR and map, plan, and report.
-Joint Comprehensive Plan with Village- Waiting for Nate Aldrich with County to provide scope of work. Both the Village and Town Planning Board Chairs will meet to discuss further.
-Route 60 Safety Study- Expansion/Turn Lane project slated-awaiting public hearings
-Brooks Hospital-Plans on hold due to COVID-19
-Town Reval- will discuss at future meeting.
-Lighting upgrade- awaiting update from National Grid
-Renegotiation of water rates- 3rd session scheduled for 6/18
 
  • Councilman Christy made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.

WHEREAS, there has been an application by Solar Liberty, Inc., on behalf of S. St. George Enterprises for installation of roof mounted solar panels at 3689 Webster Road, in the Town of Pomfret, premises also known as SBL: 131.00-1-50 and
WHEREAS, under the Town of Pomfret Solar Regulation law, a referral was made to the Pomfret Planning Board, and returned recommendation of approval to the Pomfret Town Board and
WHEREAS, the Town of Pomfret Town Board scheduled a public hearing on June 10, 2020 at 6:15P.M. for the purpose of hearing public input on said project, and
NOW, BE IT RESOLVED,
The Town of Pomfret Town Board approves the application for the roof mounted solar panels at 3689 Webster Road made by S. St. George Enterprises and Solar Liberty.
  • Councilman Christy made a motion to authorize Lily Dale Waste Water Treatment Plant Supervisor, John Bell, to contract and hire electrical work for the treatment plant at a cost not to exceed $3,000.00. The motion was seconded by Councilman Sedota and carried unanimously.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board in regards to the negotiations with the Village of Fredonia over water/sewer rates. There is another meeting scheduled for June 18, 2020.
  • Councilwoman Eckman encouraged all residents to support their local businesses during this difficult time of COVID-19. She stated there are some local businesses that will not survive and be closing their doors for good.
COUNCILMAN CHRISTY
  • Councilman Christy updated the board in regards to the work being done to address the phosphorus levels at the Lily Dale Waste Water Treatment Plant. Work will begin between on June 15-17, 2020.
 HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The May report of highway department activity has been distributed to the board.
  • Councilwoman Eckman made a motion, based on the recommendation of the Highway Superintendent, to separate the municipal water meter service for the Chapel from the Gate house at Forest Hill Cemetery. The motion was seconded by Councilman Christy and carried unanimously.
  • Concord Drive paving is complete, in addition to the chips sealing.
  • Town of Pomfret cemeteries are behind due to numerous circumstances. Highway Superintendent Garder stated all cemetery work will be completed by the end of the week. He’d like to remind the residents of the Town of Pomfret due to COVID-19, weather, and seasonal help, the cemeteries are not being maintained by a full staff. He appreciates all patience and understanding during this time.
  • Councilman Schaeffer made a motion to authorize the hiring of Michael Dispense, 2979 E. Main Road, as seasonal cemetery help, at a pay of minimum wage and hours not to exceed 35 per week. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos complimented the work done by the Highway Department in the paving of Concord Drive.
DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting at
7:08 P.M. The motion was seconded by Councilman Christy and carried.

Respectfully Submitted,

Allison Vento
Town Clerk
          
 

May 13, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. May 13, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                        
                     Supervisor Daniel Pacos
                    Town Clerk Allison Vento
                    Town Counsel Jeffrey Passafaro
                                  
                                              
COUNCILPERSONS:      John Sedota
                                        Ann Eckman
                                        Christopher Schaeffer
                                        Brett Christy

ABSENT:  Highway Superintendent Jude Gardner (excused due to COVID -19)

The Pledge of Allegiance was led by Supervisor Pacos.

DULY MOVED by Councilwoman Eckman to accept the minutes of the April 08, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 5 of 2020. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $12,204.49
General Fund Part Town        $1,976.40
Highway Fund Part Town       $16,232.11
Berry Water District               $256.82
Chestnut Water District          $234.33
North End Water District        $408.07
Lily Dale Sewer District         $7,587.02
                      

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for April 2020. A total of $3,996.00 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of May 2020 has been distributed to the board and is on file in the Clerk’s office.  
  • Town Justice, Nancy Dietzen, provided March and April 2020 reports.
March
Total cases heard: 109
Total Fines & Surcharges collected: $8,4200.00
April
            Due to COVID-19 court was shut down. No money was collected or cases heard.
 
  • The Town of Pomfret Offices will be closed Monday, May 25, 2020 in observance of Memorial Day.

AUDIENCE CONCERNS
-none-


SUPERVISOR PACOS
  • Councilman Christy made a motion to adopt the following motion, the motion was seconded by Councilwoman Eckman and carried unanimously.

WHEREAS, the Town Board has proposed improvements to the Town of Pomfret Van Buren Water District to upgrade existing water mains that serve the northern portion of the Town of Pomfret. The project includes installation of approximately 12, 200 linear feet of 8-inch and 6-inch water main. The water main will be replaced on portions of Bayshore Drive, Lake Road, Lakeside Boulevard Extension, Central Ave, Van Buren Bay Road, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, and Van Buren Road (C.R.73) and will serve approximately 150 residential, commercial, and agricultural properties; and

WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board of the Town of Pomfret intends to serve as Lead Agency for SEQRA review of this Type 1 Action and will determine if the proposed action will have a significant effect on the environment; and

WHEREAS, the Lead Agency will undertake a coordinated review of this proposed action.

NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby designates its intention to serve as Lead Agency for the proposed action and will circulate Lead Agency Notice along with documentation to all involved Agencies. These agencies shall be given 30 days from the mailing of the Lead Agency Notice to consent. Interested Agencies will be given notice, but not required to consent pursuant to 6 NYCRR Part 617.6
  • Councilman Christy made a motion to authorize Pro Drain Cleaning (estimate # 10013) for an amount not to exceed $16,000.00 for the procurement and installation of an emergency shower system including water supply, tepid water tank, shower head, drainage piping, and 2020 winterization and restart during spring 2021. This quote authorization comes on the recommendation of L2 Engineering. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to authorize Cope Builders (estimate # 200626) for an amount not to exceed $16,480.00 for the construction of a 10ft by 16ft by 8ft high chemical storage structure, installation of 50ft wide by 50ft long concrete accessway, site work and coordination with plumbing for installation of plumbing embedment’s. This quote comes on the recommendation of L2 Engineering. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion, approved by the Village of Fredonia, to approve the North End Water District Water application from Alexa and Michael Nordlund of 9695 Rt. 60, SBL: 131.09-1-21. The motion was seconded by Councilman Christy and carried unanimously.
  • The proposed Local Law # 2 of 2020- Battery Energy Storage Systems has been referred to the Planning and Zoning Boards for their recommendation.
  • Supervisor Pacos has informed the board he has requested the Planning and Zoning boards to provide official minutes of their meetings to the Town Board.
  • A motion made by Councilman Christy to schedule a public hearing for Wednesday, June 10, 2020 at 6:15 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the application of a large-scale solar application from S. St. George, 3689 Webster Road. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the following as Pomfret Cemetery Seasonal Employees. The motion was seconded by Supervisor Pacos and carried unanimously.
Thomas Haynes, Fredonia, N.Y.        $14.50 per hour
James Lemanski, Dunkirk, N.Y.        $11.80 per hour
Dalton Gardner, Fredonia, N.Y.         $11.80 per hour
Dakota Gardner, Fredonia, N.Y.        $11.80 per hour
  • Supervisor Pacos has received a letter from Nancy Jankowski-Kubera, Pomfret resident, in regards to the replacement of the ‘Van Buren Road’ sign. The letter was given to Highway Superintendent Gardner to inquire about replacing.
  • Supervisor Pacos received a letter from Sandra Spinks, Christy Road, in regards to her neighbors’ yard in relation to zoning violations. The letter has been forwarded to Code Enforcement Officer, Warren Kelly, and Zoning Enforcement Officer, James DeJoe.
  • Supervisor Pacos updated the board on the projects open within the Town of Pomfret.
-Lily Dale Water District- waiting for approval of water contract from Cassadaga and the Lily Dale Assembly
-Van Buren Water Replacement line- Approval of SEQR and map, plan, and report.
-Joint Comprehensive Plan with Village- On hold, pending decision from Village
-Renegotiation of water rates with Village- meeting has taken place and second meeting is scheduled.
-Route 60 Safety Study- the project for expansion/turn lane is in the preliminary states, 20-24 months before the work is completed. Also requesting a traffic light at Lakeview Rd. and Rt. 60 and speed reduction.
-Brooks Hospital-plans are still moving forward.
-Town Reval- will discuss at future meeting.
-Lighting upgrade- National Grid is updating numbers and will report back to board.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board on the Small Business Revolution. All business projects are still moving forward. The original air show date has been moved from September to after the November elections. She urged all board members and public to support the local small businesses to help them thru the COVID-19 pandemic.

COUNCILMAN SEDOTA
  • Mr. Sedota recently met with the Fredonia Fire Department in regards to the Fire Protection Contract with the Village and Town. He also stated the Fire Department is canceling their annual fund drive but still asking residents to donate privately. The Fire Department is having a difficult time getting recruitments and has established a ‘Recruitment and Retention’ committee. Councilman Christy is the liaison for the Pomfret.
  • The audit is delayed due to COVID-19. An engagement letter was sent on behalf of the Town. The Town Clerk and Bookkeeper will provide information at the time of the request.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report for the month of April 2020 was distributed to the board.
  • The Forest Hill Chapel has received an additional bid for work to be completed for the damage caused by raccoons in the attic. Councilwoman Eckman is going to forward the bid to the Northern Chautauqua Community Foundation for approval.

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

Respectfully Submitted, Allison Vento, Town Clerk
          
 

April 08, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. April 08, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                          Supervisor Daniel Pacos
                          Town Clerk Allison Vento
PRESENT:        Town Counsel Jeffrey Passafaro
                                
                                            
COUNCILPERSONS:    John Sedota-attended by phone
                                                Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

ABSENT:      Highway Superintendent Jude Gardner (excused)

The Pledge of Allegiance was led by Supervisor Pacos.

DULY MOVED by Councilwoman Eckman to accept the minutes of the March 11, 2020 Public Hearing-WECS Purposed Local Law #1 of 2020. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the March 11, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 4 of 2020. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $24,895.72
General Fund Part Town        $17,280.20
Highway Fund Part Town       $9,025.17
Berry Water District               $8,850.87
Chestnut Water District          $2,384.41
North End Water District        $38,340.87
Lily Dale Sewer District         $16,575.08
Rt. 20 Water                            $103.48
Rt.20 Sewer                            $160.88
Rt. 60 Water                            $6,459.95
Rt. 60 Sewer                           $8,304.86
Lakeview Sewer                     $377.03
Sewer District 1                      $2,226.37
Sewer District 2                      $1,393.05
Capital Projects                       $2,249.50

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for March 2020. A total of $6,749.25 was collected. The report is on file in the office of the Town Clerk.
  • The Historian Report for the month of April 2020 has been distributed to the board and is on file in the Clerk’s office.  Numerous events have been cancelled or postponed due to the current pandemic. Historian Langworthy will keep the board updated as he knows more.
SUPERVISOR PACOS
  • Supervisor Pacos received a letter from Paul Sidari regarding property located in Van Buren Bay. He is looking to gift or donate the land to the Town of Pomfret. After a discussion with the board, Mr. Pacos will send a letter stating the Town has no interest or public use for the property.
  • Supervisor Pacos has written a letter to the Fredonia Village Mayor and Trustees asking to address the water/sewer rates for Town of Pomfret residents.
  • Councilwoman Eckman made a motion to adopt the Standard Work Day and Reporting Resolution for Elected and Appointed Officials. The motion was seconded by Councilman Schaeffer and carried by Roll Call vote:
ROLL CALL:
Supervisor Pacos-Abstained
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE
Title, Standard Work Day, Name, Current Term, Record of Activities Result

Town Clerk, 7 ,  Allison Vento ,1/1/18-12/31/21, 23.07

Highway Superintendent, 8, Jude Gardner,   1/1/18-12/31/21, 22.13

Supervisor, 6, Daniel Pacos ,1/1/202-12/31/21 , 8.34

Town Justice, 6 ,Nancy Dietzen, 1/1/20-12/31/23, 5.25

Town Board Member, 6, Christopher Schaeffer, 1/1/18-12/31/21 0.76

Town Board Member, 6, John Sedota ,1/1/20-12/31/23 ,0.17
  • Councilman Christy made a motion to authorize Supervisor Pacos to enter into an agreement with E & M Engineers for the Lily Dale Water District. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos updated the board on the status of multiple projects happening within the Town of Pomfret.
-Lily Dale WWTP-Soliciting bids
-Lily Dale Water District- Awaiting approval of water contract
-Van Buren Water Replacement line- Working with Clark Patterson Lee on boundaries
-Joint Comprehensive Plan with Village- On hold, pending decision from Village

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report for the month of March 2020 was distributed to the board.
DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting at
7:33 P.M. The motion was seconded by Councilman Schaeffer and carried.

Respectfully Submitted, 
Allison Vento
Town Clerk
 

March 11, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:54 P.M. (immediately following Public Hearing) March 11, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
                                    Supervisor Daniel Pacos
                                    Town Clerk Allison Vento
PRESENT:                   Town Counsel Jeffrey Passafaro
                                              
ABSENT:                Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

The Pledge of Allegiance was recited prior by Supervisor Pacos at the Public Hearing.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
February 12, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract # 3 of 2020. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $25,904.25
General Fund Part Town        $2,889.31
Highway Fund Part Town       $19,062.87
Berry Water District               $58.04
Chestnut Water District          $35.50
North End Water District        $110.75
Lily Dale Sewer District         $3,349.21

DULY MOVED by Supervisor Pacos  to rescind the following budget transfer made at the February 12, 2020 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.
GENERAL FUND OUTSIDE VILLAGE
$1,000             FROM             B3120.4          Police Contractual
                        TO                   B7550.4          Celebrations Contractual

DULY MOVED by Supervisor Pacos to approve the following budget transfer.  The motion was seconded by Councilwoman Eckman and carried unanimously.

GENERAL FUND TOWNWIDE
1,000               FROM             A1990.4          Contingent
                        TO                   A7550.4          Celebrations-Contractual
            Transfer for town support of Small Business Revolution

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for February 2020. A total of $3,048.00 was collected. The report is on file in the office of the Town Clerk.
  • Pomfret Town Justice report for February 2020 is as follows:
Justice Dietzen Total Cases:140
                        Total Fine & Surcharges: $9,865.00

                        Justice Pulci Total Cases:  158
                        Total Fine & Surcharges: $12,043.50
  • The Historian Report for the month of March 2020 has been distributed to the board and is on file in the Clerk’s office. The Barker Museum has a new curator, Mr. Max Walters.
  • The Fredonia Fire Department has given the February 2020 report. There was a total of 126 calls with 18 being within the Town of Pomfret.

AUDIENCE CONCERNS
  • Zoning Board Chairman, David Fridmann, thanked the board for being proactive and moving forward with the WECS (Wind Energy Conversion Systems) local law.

SUPERVISOR PACOS
  • A motion made by Supervisor Pacos, seconded by Councilman Sedota to approve the following resolution.
The Town Board of the Town of Pomfret here by finds and determines that It has considered the action, reviewed the full Environmental Assessment Form, reviewed the criteria set forth in 6NYCRR Section 617.7 (c), fully analyzed the relevant environmental impacts and their magnitude in connection with the proposed Local Law concerning Wind Energy Conversion Systems for the Town of Pomfret. The project, the adoption of said Local Law, will not result in any large or important environmental impacts, and therefore is one which will not have a significant impact on the environment, and a Negative Declaration will be issued; The reasons supporting the determination are set forth on Part II of the Environmental Assessment Form which is on file in the office of the Town Clerk The Town Board of the Town of Pomfret as lead agency with respect to the adoption of this Local Law hereby:
(a) Adopts a Negative Declaration pursuant to SEQR with respect to consideration of this Local Law;
(b) Authorizes the Supervisor of the Town to sign a Negative Declaration Determination.
3. This Resolution shall take effect immediately.
 
  • A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to adopt the following Local Law # 1 of 2020.

Section One – Purpose: The Town of Pomfret desires to adopt a Wind Energy Facilities Law which will replace prior Wind Energy Facilities Laws enacted as Local Law No.3 of the 2007.

Section Two –  Authority The Town Board of the Town of Pomfret in enacting this legislation hereby intends to exercise the authority granted to it under the Town Law of the State of New York, the Municipal Home Rule of the State of New York, the General Municipal Law of the State of New York, and such other statutes of general state wide application for the preservation of the health, safety and welfare of the property owners and residents of the Town of Pomfret.

Section Three –Wind Energy
Facilities Law of the
Town of Pomfret        

§ 300-83.  Wind Energy facilities
Authority: The Town Board of the Town of Pomfret adopts this section under the authority granted by:
 (1)    Article IX of the New York State Constitution,§ 2(c)(6) and (10).
(2)   New York Statute of Local Governments§ 10(1), (6) and (7).
(3)   New York Municipal Home Rule Law § 10, Subdivision l(i) and (ii), and § 10,  Subdivision l(ii)a(6), (11), (12) and (14).
(4)   The supersession authority of New York Municipal Home Rule Law § 10, Subdivision 1(ii)d(3).
(5)   New York Town Law, Article 16, Zoning.
(6)   New York Town Law § 130, Subdivision 1, Building Code, Subdivision 3, Electrical· Code, Subdivision 5, Fire prevention, Subdivision 7, Use of streets     and highways, Subdivision 7-a, Location of driveways, Subdivision 11, Peace,        good order and safety, Subdivision 15, Promotion of public welfare, Subdivision 15-a, Excavated lands, Subdivision 16, Unsafe buildings, Subdivision 19, Trespass, and Subdivision 25, Building lines.
(7)   New York Town Law§ 64, Subdivision 17-a, protection of aesthetic interests, and Subdivision 23, General powers.

Definitions. As used in this law, the following terms shall have the meanings indicated:

AGRICULTURAL or FARM   OPERATIONS -The land and on-farm  buildings, equipment, manure processing and handling facilities,  and practices  which  contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision   13   of   New York   Agriculture   and 1Markets   Law   §   301   and "timber processing” as defined in Subdivision 14 of New York Agriculture and Markets  Law§ 301. Such farm operation 'may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

DECOMMISSION PLAN – The manner in which the WECS will be decommissioned which   shall include removal of all structures and debris to a depth of three feet, restoration of the soil and vegetation consistent with the surrounding vegetation and any fencing or minor improvements requested by the landowner                                                                                                                    
DECOMMISSION BOND – A guarantee (surety bond) that there are sufficient funds to restore the site if the WECS to its original condition should it cease to function as intended.                                                                                                
                                                                                                                  
EAF - Environmental assessment form used in the implementation of the SEQRA as that term as defined in Part 617 of Title 6 of the New York Codes, Rule, and Regulations.

METEORLOGICAL TOWER – A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.

RESIDENCE - Any dwelling suitable for habitation existing in the Town of Pomfret on the date SEQRA for the specific application is completed, including seasonal homes, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, senior housing," schools or other buildings used for educational purposes. A residence may be part of a multi-dwelling or multipurpose building, but shall not include correctional institutions.

SEQRA - The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.

SITE - The parcel(s) of land where the wind energy facility is to be placed.  The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a wind energy facility or has entered an agreement for said facility or a setback agreement and received the required variance shall not be considered off-site.

SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS) – All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads and one or more wind turbines, which has a rated nameplate capacity of 100 kilowatts or less, and is intended for on-site use.  

SOUND PRESSURE LEVEL - The level which is equaled or exceeded a stated percentage of time. An L10-40 dBA indicates that in any hour of the day 40 dBA can be equaled or exceeded only 10% of the time, or for six minutes. The measurement of the sound pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11) or other accepted procedures.

TOTAL HEIGHT - The height of the tower and the furthest vertical extension of the WECS.

TEMPORARY WIND MEASUREMENT TOWER – A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction for the purpose of assisting in large WECS placement

WIND ENERGY CONVERSION SYSTEM (WECS) - A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").         

WIND ENERGY FACILITY - Any wind energy conversion system, small wind energy conversion system or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND TURBINE – A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.


C. Findings. The Town Board of the Town of Pomfret finds and declares that:
Wind energy is an abundant, renewable and nonpolluting energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases, existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or on-site consumption can be reduced. Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety and welfare of neighboring property owners and the general public. If not properly regulated, installation of wind energy facilities can create drainage problems through erosion and lack of sediment control for facility sites and access roads, and harm farmlands through improper construction methods. Wind energy facilities may present a risk to bird and bat populations if not properly sited. If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners. Wind energy facilities are significant sources of noise, which, if unregulated, can negatively impact adjoining properties. Construction of wind energy facilities can create traffic problems and damage local roads. Wind energy facilities can cause electromagnetic interference issues with various types of communications: Permits Required: No wind energy facility shall be constructed, reconstructed, modified or operated in the Town of Pomfret except pursuant to a special use permit issued in accordance with this section. No Large WECS shall be constructed, reconstructed, modified or operated in the Town of Pomfret except in a Wind Overlay Zone, pursuant to an application for rezoning and special use permit approved pursuant to this section. Notwithstanding any other provision of this Zoning Chapter, special use permits for Large WECS shall be issued by the Town Board. This section shall apply to all areas of the Town of Pomfret.  Exemptions. No permit or other approval shall be required under this section ·for WECS utilized solely for agricultural or farm operations in state or county agricultural district, as long as the facility is set back at least 3 times its total height from a property line and does not exceed 120 feet in height. Towers over 120 feet in total height utilized solely for agricultural operations in a state or county agricultural district shall apply for a special use permit in accordance with this chapter, but shall not require a height variance. Prior to the construction of a WECS under this exemption, the property owner or a designated agent shall submit a sketch plan or building permit application to the Town to demonstrate compliance with the setback requirements.   Transfer. No transfer of any Large WECS or special use permit, nor sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), will occur without prior approval of the Town, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this section, and the transferee's demonstration, in the sole discretion of the Town Board, that it can meet the technical and financial obligations of the transferor. No transfer shall eliminate the liability of the transferor nor of any other party under this section unless the entire interest of the transferor in all facilities in the Town is transferred and there are no outstanding obligations or violations.  Notwithstanding the requirements of this section, replacement in kind or modification of a wind energy facility may occur without approval when:

(a)  There will be no increase in total height;
(b)  There will be no change in the location of the WECS;
(c)  There will be no additional lighting or change in facility color; and
(d)  There will be no increase in noise produced by the WECS.
                                                                                                     
 Applicability The requirements of this section shall apply to all large energy facilities proposed, operated, modified or constructed after the effective date of this section. Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that: Any such preexisting wind energy facility which does not provide energy for  a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy. No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this section. Any temporary wind measurement tower shall be removed no later than 24 months after said effective date, unless a special use permit for said wind energy facility is obtained. Wind energy facilities may be either principal or accessory uses. A different existing use or an existing structure on the same site shall not preclude the installation of a wind energy facility or a part of such facility on such site. Wind energy facilities constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure. Creation of Wind Overlay Zones Wind Overlay Zones may be created in the Agricultural/Residential (ARl) Zone only. Initial requests for Wind Overlay Zones shall be submitted with applications for WECS special use permits. No Wind Overlay Zone may be initially created without specific requests for WECSs. Once a Wind Overlay Zone has been created, new WECSs or accessory structures or facilities may be added in that zone by grant of a special use permit pursuant to the requirements of this section.


Applications for Wind Energy Conversion Systems.                               A joint application for creation of Wind Overlay Zone and special use permit for individual WECS shall include the following:
(1)         Name, email, address and telephone number of the applicant.  If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
Name and address of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (a) confirming that the property owner is familiar with the proposed applications and (b) authorizing the submission of the application. Address, or other property identification, of each proposed tower location, including Tax Map section, block and lot number. A description of the project, including the number and maximum rated capacity of each WECS. A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following. Property lines and physical dimensions of the site. Location, approximate dimensions and types of major existing structures and uses on site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed Wind Overlay Zone. Location and elevation of each proposed WECS. Location of all aboveground utility lines on the site or within one radius of the total height of the WECS, transformers, power lines, interconnection point with transmission lines and other ancillary facilities or structures. Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures. The zoning designation of the subject and adjacent properties as set forth on the official Town Zoning Map. 63 Proposed boundaries of the Wind Overlay Zone. To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed tower location equal to:
  • 3 times the tower height radius.
4 times the tower height radius. 6 times the tower height radius.

 Location of residential structures within 3,300 feet of each proposed tower. The distance from the center of the tower to any off-site residence within 3,300 feet shall be noted. All proposed facilities, including access roads, electrical lines, sub-stations, storage or maintenance units and fencing. Vertical drawing of the WECS showing Total Height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.  One drawing may be submitted for each WECS of the same type and Total Height. Landscaping Plan depicting vegetation describing the area to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations. Lighting Plan showing any FAA-required lighting and other proposed lighting.  The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of application, no building permit for any lighted facility may be issued until such determination is submitted. List of property owners, with their mailing addresses, within 500 feet of the boundaries of the proposed Wind Overlay Zone.  The applicant may delay submitting this list until the Town Board calls for a public hearing on the application. Decommissioning Plan:  The applicant shall submit a decommissioning plan, which shall include:  1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) the method of ensuring that funds will be available for decommissioning and restoration; 5) the method, such by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and 6) the manner in which the WECS will be decommissioned and the Site restored, which shall include removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.  The Plan shall include the Decommissioning Bond required by this Section.
           (11)        Complaint resolution. The application will include a complaint resolution process to address complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

         (12)    An application shall include information relating to the construction/installation of the wind energy conversion facility as follows:
A construction schedule describing commencement and completion dates; and A description of the routes to be used by construction and delivery vehicles, and the gross weights and heights of those loaded vehicles.

            (13)   Completed Part 1 of the full EAF.

            (14)   A special use permit for wind measurement towers either temporary or permanent shall be required.

            (15)   For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.

            (16)  If the applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment, the Town Board shall issue a positive declaration of environmental significance.

            (17)  If a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be included in the draft environmental impact statement (DEIS) prepared for a wind energy facility. Otherwise, the following studies shall be submitted with the application:
   Shadow flicker. The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECS and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems. Visual impact. Applications shall include a visual impact study of the proposed WECS as installed, which shall include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed zone.

Noise analysis. A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed WECS. The study shall document noise levels at property lines and at the nearest residence not on the site (if access to the nearest residence is not available, the Town Board may modify this requirement). The noise analysis shall provide preexisting ambient noise levels and include low-frequency noise. Property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties adjoining WECS sites, including properties across public roads from the site. An assessment of potential electromagnetic interference with   microwave, radio, television, personal communication systems and        other wireless communication.
(18)  Tower design information sufficient to demonstrate compliance with wind-loading requirement                                        
(19)   Analysis of potential ice-throwing and damage from blade throw impacts.
      (20) A statement, signed under penalties of perjury, that the information contained in the application is true and accurate

Wind site assessment. The Town Board acknowledges that prior to construction of a WECS a wind site assessment is conducted to determine the wind speeds and feasibility of using particular sites. Installation of a temporary wind measurement towers, also known as anemometer (“Mets”) towers, shall require the issuance of a special use permit for a length not to exceed 2 years                   Applications for a temporary wind measurement tower shall include:   Name, email, address and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, email, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation Name, address, email and telephone number of the property owner.  If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application  Location of each proposed tower section including Tax Map section, block and lot number. Site plan  Decommissioning plan, based on the criteria in this section for WECS, including a security bond or cash for removal Standards for temporary wind measurement towers The distance between a temporary wind measurement tower and the property line shall be at least 2x the total height of the tower.  Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exception for neighboring property are also allowed with the consent of those property owners. Special use permits for wind measurement towers may be issued by the ZBA for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.
         I.      Application review process.
Applicants may request a pre-application meeting with the Town Board, or with any consultants retained by the Town Board for application review. Meetings with the Town Board shall be conducted in accordance with the Open Meetings Law. Six copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any variances are requested, variance application fees shall be paid at the time of the receipt of the application. Town staff or Town-designated consultants shall, within 60 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this section is   included in the application. If the application is deemed incomplete, the Town Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of WECSs proposed is increased. The Town Board shall hold at least one public hearing on the application. Notice· shall be given by first class mail to property owners within 2500 feet of the  boundaries of the proposed Wind Overlay Zone, and published in  the  Town's official newspaper, no less than 10 nor more than 20 days before any hearing,  but, where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Town, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses. Upon submission of a complete application, the Town Clerk shall transmit the application to the Town Board.  The completed application and any accepted environmental impact statements shall be posted on the Town website or available in the Town Clerk’s Office. The application shall be referred to the Planning Board in accordance with this section and the Zoning Chapter The public hearing may be combined with public hearings on any environmental impact statement or requested variances. Notice of the project shall also be given, when applicable, to the Chautauqua County Planning Board, if required by General Municipal Law §§ 239-1 and 239-m, and to adjoining Towns under Town Law § 264. SEQRA review. Applications for WECS are deemed Type I. projects under SEQRA. The Town Board shall conduct its SEQRA review in conjunction with other agencies, and the  record of review by said agencies shall be part of the record of the Town Board’s proceedings. The Town may require an escrow agreement fur the engineering and legal review of the applications and any environmental impact statements before commencing its review. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town Board shall issue a statement of findings, which statement may also serve as the Town Board’s decision on the applications.                     
                                                                                    
     (10)  Upon receipt of the report of the recommendation of the County Planning Board
(where applicable),  the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions or deny the applications,  in accordance with the standards in this section where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Town, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
J. Standards shall apply to all Large WECS, unless specifically waived by the Town Board as part of a permit.     
All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable. No television, radio or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the telecommunications facility’s provisions of the Town Zoning Chapter. No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures. Lighting of tower. No tower shall be lit except to comply with FM requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground. All applicants shall use measures to reduce the, visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a  project shall be finished in a single, non-reflective matte finished color or a camouflage scheme. Individual WECSs within a Wind Overlay Zone shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the zone, to provide   reasonable uniformity in overall size, geometry and rotational speeds. No lettering, company insignia, advertising or graphics shall be on any part of   the tower, hub or blades.    The use of guy wires is prohibited.       
                                                                                                 
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is       likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the special use permit for the specific WECS or WECSs causing the interference. All solid waste, hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.  WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas will be given priority wherever possible.                                                                                               WECSs shall be located in a manner that minimizes significant negative impacts on rare, endangered and threatened animal species in the vicinity, particularly bird and bat species.   Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.   Storm water runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.   The maximum total height of any WECS shall be 550 feet.  Construction of the WECS shall be limited to the hours of 8:00 a.m. to 8:00 p.m. except for certain activities that require cooler temperatures than   possible during the day, subject to approval from the Town.

  Substations required to serve WECS are essential public service under this Zoning Chapter. Substations shall be screened from public view.

  The Town of Pomfret shall be named as an additional insured under the general liability policy of the applicant, the amount of which insurance shall be no less than an amount to be determined by the Town Board given the nature and scope of the project proposed by the applicant

  Any construction or ground disturbance involving agricultural land shall be done according to the NYS Department of Agriculture and Markets’ publication titled “Guidelines for Agriculture Mitigation for Wind Power Projects.”
K.      Required safety measures for Large WECS.
(1)   Each large WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(2)   A six-foot-high fence with a locking portal shall be required to enclose each tower or group of towers. The color and type of fencing for each WECS installation shall be determined on the basis of individual applications as safety needs dictate. The entrances to entrance roads shall be gated and kept locked.
(3)   Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.  A sign shall be posted on the entry area of fence around each tower or group of towers and any building containing emergency contact information, including a local telephone number with twenty-four-hour, seven-day-a-week coverage. The Town Board may require additional signs based on safety needs.
(4)   No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole.
(5)  The minimum distance between the ground and any part of the rotor or blade system shall be 20 feet.
(6)  WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.
(7)  Accurate maps of the underground facilities shall be filed with the Town and with "Dig Safely New York (1-800-962-7962)" or its successor.                               ·
L. Traffic routes.
Construction of WECS poses potential risks because of the large-size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for large WECS and/or associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include: minimizing traffic impacts from construction and delivery vehicles; minimizing WECS related traffic during times of school bus activity; minimizing wear and tear on Town roads; and minimizing impacts on local business operations. Permit conditions may require remediation during construction, may limit WECS-related traffic to specified routes, and may include a plan for disseminating traffic route information to the public, and all applicable state, county and municipal highway authorities and superintendents whose roads are included in the WECS traffic routes plan. Notification to all applicable highway authorities and superintendents will include the number and type of vehicles and their size, their maximum gross weight, the number of round trips, and the dates and time periods of expected use of designated traffic routes.

       (2)     The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a large WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads.
(3)     If the applicant uses any seasonal use highway in the off-season, it shall be solely responsible for the maintenance of said highway, including but not limited to snow plowing. No act of maintenance on a seasonal use highway by an applicant shall be considered as Town maintenance of that highway for purposes of determining the seasonal use status of the highway.                                                                       
Setbacks for large wind energy conversion systems. The statistical sound pressure level generated by a WECS shall not exceed L10- 40 dBA measured at any residence' existing at the time of completing the SEQRA    review of the application. If the ambient sound pressure level exceeds 38 dBA, the standard shall be ambient dBA plus 5 dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement. In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, screech or hum, the standards for audible noise set forth in Subsection M(l) of this subsection shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 100 and 125 Hz. In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.

Any noise level falling between two whole decibels shall be the lower of the two. Each WECS shall be set back from site boundaries, measured from the center of the WECS, a minimum distance of: 4 times the height of the tower from the nearest site boundary property line. 4 times the height of the tower from the nearest public road. 6 times the height of the tower from the nearest off-site residence existing at the time of application, measured from the exterior of such residence. 3 times the total height of the WECS from any non-WECS structure or any aboveground utilities. 3 times the height of the tower from state-identified wetlands. This distance may    be adjusted to be greater or lesser at the discretion of the reviewing body, based on wetland designation, topography, land cover, land uses and other factors. 4 times  the height of the tower from gas wells, unless waived in writing by the property owner     Noise and setback easements. In the event the noise levels resulting  from  a  WECS exceed the criteria established in this section, or any setback requirement is not met, a waiver will be granted from such requirement by the Town Board in the following circumstances:
   (1)  Written consent from the affected property owners has been obtained stating that they are aware of the WECS and the noise and/or setback limitations imposed by this section, that they wish to be part of the site as defined in this section, and that their consent  granted to:
a. Allow noise levels to exceed the maximum limits otherwise allowed; or
Allow setbacks less than required In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this section, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.

Creation of Wind Overlay Zones and issuance of special use permits.
(I)  Upon completion of  the wind overlay zone review process,  the Town Board shall, upon consideration  of  the  standards  in  this  section  and  the  record  of  the  SEQRA  review,  issue  a written decision with the reasons for approval, conditions of approval or disapproval fully stated in regard to the creation of the wind over lay zone.
If approved, the Town Board will direct the Town Clerk to modify the Official Map to reflect the creation of the Wind Overlay Zones. The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail
    P.     Issuance of Special Use Permit
Once referral from Town Board is received ZBA will begin review process for Special Use Permit Special Use Permit shall be valid for a period of 5 years and must be renewed through the application process for every additional 5 years. If any approved WECS is not substantially commenced within two years of issuance of the permit, the special use permit shall expire.
Q.                Abatement.
If any WECS remains nonfunctional or inoperative for a continuous period of one year or if the Special Use Permit becomes invalid, the applicant agrees that, without any further action by the Town Board, it shall remove said system at its own expense.  Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the   property.   This   provision   shall   not   apply   if the applicant
demonstrates to the Town that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town’s ability to order a remedial action plan after public hearing.
Nonfunction or lack of operation may be proven by reports to ·the Public Service Commission, NYSERDA, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Town Board all reports to and from the purchaser of energy from individual wind energy conversion systems, if requested necessary to prove the WECS is functioning, which reports  may be redacted as necessary to protect  proprietary  information. Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town for the removal of nonfunctional towers and appurtenant facilities in an amount to be determined  by  the Town for the period of the of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

R.      Limitations on approvals and easements                        
(1) Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility.  It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
             (2) Pursuant to the powers granted to the Town to manage its own property, the Town may enter into wind flow and turbulence easements and rights to vegetation removal on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state law or this section.
S.      Permit revocation.
Testing. A special use permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which shall be required in accordance with the renewal of the Special Use Permit (every 5 years) or more frequent upon request of the Town Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the special use permit and this section and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the ZEO to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days. Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the ZEO. The applicant shall have 90 days after written notice from the ZEO to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.

Compliance. Notwithstanding any other abatement provision under this section, and consistent with § 300-83P(l) and (2), if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame, or order revocation of the special use permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the decommission plan to remove the WECS.
T.     Fees
Fees for Wind Overlay Zone rezoning and all necessary permits shall be  adopted by resolution of the Town of Pomfret Town Board.  The cost of all legal notices and mailings shall be assessed to the applicant.  Applicant shall be responsible for all consultants and costs thereof by the Town in review of any application. Building Permits The Town believes the review of building and electrical permits for wind energy facilities requires specific expertise for those facilities.  Accordingly, the permit fees for such facilities shall be increased by administrative costs in an amount as set by resolution of the Town Board, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work.  In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities.  In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct of inspections as agreed by the parties. The applicant shall, prior to the receipt of a building permit, demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an interconnection agreement with the New York Independent System Operator and/or the applicable transmission owner. Nothing in this section shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town of expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA The Town Board may amend these fees by resolution after a properly noticed public hearing
U.  Tax exemption. The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law 487, pursuant to the authority granted by Subdivision 8 of that Law.
V.    Enforcement; penalties and remedies for violations.
The Town Board shall appoint such Town staff or outside consultants as it sees fit Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $2,500 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment.  Every such person shall be deemed guilty of separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation and each week said violation continues shall be deemed a separate violation. In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.                                                                      
Small Wind Energy Conversion Systems.
Purpose and intent. The purpose of this small WECS section is to provide standards for small wind energy conversion systems designed for residential, farm and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this small WECS section is to encourage the development of small wind energy systems  and to protect the public health, safety and community welfare. Applications Applications for small WECS wind energy permits shall include: Name, address, email and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.
[2]   Name, address, email and telephone number of the property owner. If   the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

[3] Address of each proposed tower location, including Tax Map section, block and lot number.
  [4] Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
  [5] A line drawing of the electrical components of the system insufficient detail to allow for a determination that the manner of installation conforms to the Uniform Fire Prevention and Building Code of NYS.
 [6] Sufficient information demonstrating that the system will be used primarily for consumption of electricity at that location.
 [7] Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.
[8]   A visual analysis of the small WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
(b) No overlay zone application or permit shall be required for a small WECS in the Town of Pomfret

         (3) Development Standards 
All small Wind Energy Systems applications shall comply       with the following standards set forth below.  Additionally, such systems shall also comply with the requirements established by other sections of this law that are not in conflict with the requirements contained in this section.      
 All applications for small WECS facilities in the Town of Pomfret shall be heard and determined by the Zoning Board of Appeals.  In considering and determining all said small WECS applications, the Zoning Board of Appeals shall have no authority to vary the provisions of this Local Law as said application relates to development standards, set-backs, area requirements, and other standards for small WECS as set forth herein.
(1)     All small WECS systems shall be located on a lot a minimum of two (2) acres in size.  However, this requirement can be met by multiple owners submitting a joint application.
(2)    Only one (1) Small Energy System tower shall be allowed per legal lot premises, unless there are multiple applicants, in which case their joint lot shall be treated as one (1) conforming lot for purposes of this section.
(3)    Small Wind Energy Systems in the Town of Pomfret are to be used exclusively to reduce the onsite consumption of electricity.
(4)   Maximum total height permitted for small WECS in the Town of Pomfret are allowed as follows:
         i) 100 feet or less on sites two (2) acres, but less than five (5) acres in area.
                 ii) 160 feet or less on sites having an area of five (5) acres or more
        (5)     Maximum rated turbine output is limited to less than 100kw
        (6)     WECS system towers and blades shall be painted a non-reflective, unobtrusive color that blends the system and components into the surrounding landscape to the greatest extent possible, and incorporates non-reflective surfaces to minimize visual disruption and glare.
        (7)     The systems shall be designed and located in such manner to minimize adverse visual impacts from public viewing areas.
        (8)     Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.
        (9)      All onsite electrical wires associated with the system shall be installed underground except “tie-ins” to a public utility company, and public utility company transmission poles, towers, and lines.  This standard may be modified by the decision maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impact, or similar factors.
      (10)      The system shall be operated such that no disruptive electro-magnetic interference is caused.  If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference, or cease operation of the WECS system.
      (11)      At least one (1) sign shall be posted on the tower at a height of five (5) feet warning of electrical shock or high voltage, and harm from revolving machinery.  No brand names, logo, or advertising shall be placed or painted on any WECS tower or any part of the system where it would be visible from the ground, except that a system or tower’s manufacturers name may be displayed on part of the WECS in an unobtrusive manner.
      (12)      Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
                  i)  Tower climbing apparatus located no closer than twelve (12) feet from the ground.
                   ii)  A locked anti-climb device installed on the tower.
       iii)  A locked, protective fence at least six (6) feet in height that encloses the tower.
       (13)  Anchor points for any guide wires for a system tower shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines.  The point of attachment for the wires shall be enclosed by a fence six (6) feet high or sheathed in bright orange or yellow covering from three (3) to eight (8) feet above the ground.
       (14)  Construction of onsite access roadways shall be minimized.  Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing natural condition upon completion of installation.  To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal access wind turbine blade shall be at least thirty (30) feet above the highest structure or tree within a two-hundred and fifty (250) foot radius.  Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
      (15) All small Wind Energy Systems and tower structures, shall be designed and constructed in compliance with applicable provisions of the Uniform Fire Prevention and Building Code.
      (16) All small Wind Energy Systems shall be equipped with manual and automatic over-speed controls.  The conformance of rotor and over-speed control design and fabrication to standard engineering practices, shall be certified by the manufacturer.
    (4)  Standards
            All small Wind and Energy Systems in the Town of Pomfret shall comply with the following Standards:
            a) Setback requirements – all small WECS in the Town of Pomfret shall be located no closer to a non-applicant property line, public right-of-way, or any non-WECS structure, or above ground utility, than one and one-half times the total height of the WECS facility.  In addition, no small WECS shall be located closer than two (2) times the total height of the facility from the nearest existing residence, as measured from the nearest exterior of said residence to the small WECS facility.
            b) Noise -  Except during short term events, including utility outages and severe wind storms, a small WECS in the Town of Pomfret shall be designed, installed, and operated so that noise generated by system shall not exceed forty (40) decibels (dBA) as measured at the nearest existing residence at its closest exterior point from the small WECS.
    (5)  Abandonment of Use
             A small WECS in the Town of Pomfret which is not operated or used for a period of twelve (12) successive months, shall be deemed abandoned, and shall be dismantled and removed from the property at the expense of the property owner.  Failure to abide by, and faithfully comply with this section or with any and all conditions that may be attached to the granting of any WECS permit shall constitute grounds for the revocation of said permit by the Town. All small WECS shall be maintained in good condition and in accordance with the requirement of this section.
    (6)  Waivers
             The Town Board, may after a public hearing (which may be combined with other public hearings on Wind Energy Facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this Local Law if, in the opinion of the Town Board, the grant of said waiver is in the best interest of the Town.  The Town Board may consider as reasonable factors in evaluating the request, which may include, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request.
The Town Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.
Miscellaneous
I.          Fees
A)        In addition to any fee schedule adopted by the Town of Pomfret Town Board, there shall be non-refundable Application fees as follows:
            1.   Wind Overlay Zone rezoning:  $500 per zone.
            2.  WECS Special Use Permit:  $50 per megawatt of rated maximum capacity.
            3.  Wind Measurement Towers:  $200 per tower.
            4.  Wind Measurement Tower Special Use Permit renewals:  $50 per Wind Measurement Tower.
            5.  The cost of all legal notices and mailings shall be assessed to the applicant.
B)  Building Permits
            1.  The Town believes the review of building and electrical permits for Wind Energy Facilities requires specific expertise for those facilities.  Accordingly, the permit fees for such facilities shall be increased by administrative costs which shall be $100 per permit request, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work.  In the alternative, the Town and applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities.  In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.
            2.  The applicant shall, prior to the receipt of a building permit demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an Interconnection Agreement with the New York Independent System Operator and/or the applicable Transmission Owner.
C)  Nothing in this Section shall be read as limiting the ability of the Town to enter into Host Community agreements with any applicant to compensate the Town for expenses or impacts on the community.  The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.
D) The Town Board may amend these fees, by resolution after a properly noticed public hearing.
II.          Tax Exemption
            The Town hereby exercises its right to opt out of the Tax Exemption provisions of Real Property Tax Law §487, pursuant to the authority granted by paragraph 8 of that law.
III.       Enforcement; Penalties and Remedies for Violations
A)        The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this Section.
B)        Any person owning, controlling, or managing any building, structure, or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Section or in noncompliance with the terms and conditions of any permit issued pursuant to this Section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than fifteen days, or subject to both such fine and imprisonment for a first offense, for a Second offense (both within a period of five years), a fine not less than $350 nor more than $700, or imprisonment not to exceed six months, or both, and for a Third or more offense (all of which occurred within 5 years), a fine not less than $700 nor more than $1,000, or imprisonment not to exceed six months, or both.  Every such person shall be deemed guilty of a separate offense for each week such violation shall continue.  The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation and each week said violation continues shall be deemed a separate violation.
C)        In case of any violation or threatened violation of any of the provisions of this Section, including the terms and conditions imposed by any permit issued pursuant to this Section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.

Section Four – Validity  If any part or provision of the Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provisions or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances.          
Section Five – Effective Date     This Local Law shall be effective immediately upon  filing with the Secretary of State.
 
  • A motion made by Supervisor Pacos, seconded by Councilwoman Eckman to amend the 2020 organizational meeting minutes to reflect a total of $8,500.00 for Tax Collection Personal Services and to pay personnel the following:
Penny Weigle                          $2,700.00
Martha Brown-Bashaw           $300.00          
  • The board discussed the boundaries and status of Phase II of the North End Water District. It was determined Supervisor Pacos will reach out to engineers Clark Patterson Lee for recommendations on moving forward.
  • Councilwoman Eckman made a motion to authorize the expenditure of $100.00 for the Annual Laona Easter Parade scheduled for April 11, 2020 at 10:00 A.M. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos has distributed letters to Governor Cuomo, Kathy Hochul, Andy Goodell, and George Borrello expressing reconsideration of the 30-day budget amendment entitled “Accelerated Renewable Energy Growth and Community Betterment Act”.
  • Councilwoman Eckman made a motion to authorize out of the appropriate budget line, $25.00 registration fee for the annual Partners in Kind Touch a Truck event scheduled for June 6, 2020 at the Chautauqua County Fair Grounds from 9:00 A.M. to 1:00 P.M. The motion was seconded by Councilman Christy and carried unanimously.
  • The Town Board received the following letter from Planning Board Chairman, James Joy:
“On behalf of the Planning Board, after collaboration with the Zoning Board of Appeals and extensive deliberation the Planning Board hereby recommends the following for consideration:
The area along the east side of Route 60 from Route 83 extending approximately 2, 530 feet south to 9338 Route 60 (SBL: 148.00-1-8) at a depth of 500 feet from the edge of Route 60 eastward into each parcel be zoned B2 to conform with the current uses and to extend the existing B2 zone along Route 60 currently in place. This entails 8 parcels (6 landowners). The recommendation for the zoning change is being made as a result of:
-current commercial usage
-potential future use
-compliance with the recommendations of the Town of Pomfret Comprehensive Agricultural Protection Plan.
Thank you for your consideration regarding this recommended zoning change”
  • Supervisor Pacos made a motion to appoint Heather Lesch, 4890 West Main Rd., Fredonia, to the vacancy created by the election of current Supervisor Pacos, to the Pomfret Planning Board with a term to expire 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion for the installation of two smoke detectors to the attic at Pomfret Town Hall, 9 Day Street by DFT Communications at a cost not to exceed $500.00. The motion was seconded by Councilman Christy and carried unanimously.
  • The Chautauqua County Chamber wrote a letter of thanks to the Town of Pomfret for the support and contribution for the Small Business Revolution.
  • Troy and Banks, Inc has contacted the Town of Pomfret to conduct an audit of the Cable Franchise fees. Supervisor Pacos received permission to share the town’s contract with the company.
  • Supervisor Pacos was granted permission by the Town Board to write and send a letter to Mary E. LaRowe, President & CEO of Brooks-TLC Hospital in regards to the town’s support of a hospital being located within the Village of Fredonia.
  • Supervisor Pacos notified the board he will be hosting a meeting with local officials regarding the safety on Route 60 in the Town of Pomfret. The date will be announced at a future time.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • A report for the month of February 2020 was distributed to the board.
DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board meeting and enter into executive session for the purpose to discuss the employment history of a particular person, with no action to be taken. The motion was seconded by Councilman Sedota and carried. TIME: 7:43 P.M.

DULY MOVED by Supervisor Pacos, seconded by Councilman Sedota to leave Executive Session and reconvene the Regular Town Board Meeting. The motion carried. TIME: 8:08 P.M.

DULY MOVED by Supervisor Pacos to close the Regular Town Board Meeting at
8:09 P.M. The motion was seconded by Councilman Schaeffer and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

March 11, 2020 Public Hearing Minutes-Purposed Local #1 o 2020

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, March 11, 2020 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.


PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilman Christopher Schaeffer * Joined the meeting at 6:36 P.M.
                        Councilwoman Ann Eckman
                        Councilman Christy
                                                                                                                      
Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance. The purpose of the public hearing is to hear comments from the public regarding the purposed local law- Wind Energy Conversion Systems. Town Clerk Vento provided proof of posting and publishing. The Town Board also received a letter from the Division of Planning and Community Development of Chautauqua County. The letter states the purposed local law would have no significant county-wide or inter-community impact and the proposal would be a matter of local concern.

LOCAL LAW

Section One – Purpose: The Town of Pomfret desires to adopt a Wind Energy Facilities Law which will replace prior Wind Energy Facilities Laws enacted as Local Law No.3 of the 2007.

Section Two –  Authority The Town Board of the Town of Pomfret in enacting this legislation hereby intends to exercise the authority granted to it under the Town Law of the State of New York, the Municipal Home Rule of the State of New York, the General Municipal Law of the State of New York, and such other statutes of general state wide application for the preservation of the health, safety and welfare of the property owners and residents of the Town of Pomfret.

Section Three –Wind Energy
Facilities Law of the
Town of Pomfret        
§ 300-83.  Wind Energy facilities
                    Authority. The Town Board of the Town of Pomfret adopts this section under the authority granted by:
 (1)    Article IX of the New York State Constitution, § 2(c)(6) and (10).
(2)   New York Statute of Local Governments§ 10(1), (6) and (7).
(3)   New York Municipal Home Rule Law § 10, Subdivision l(i) and (ii), and § 10, Subdivision l(ii)a (6), (11), (12) and (14).
(4)   The supersession authority of New York Municipal Home Rule Law § 10, Subdivision 1(ii)d (3).
(5)   New York Town Law, Article 16, Zoning.
(6)   New York Town Law § 130, Subdivision 1, Building Code, Subdivision 3, Electrical· Code, Subdivision 5, Fire prevention, Subdivision 7, Use of streets     and highways, Subdivision 7-a, Location of driveways, Subdivision 11, Peace,        good order and safety, Subdivision 15, Promotion of public welfare, Subdivision 15-a, Excavated lands, Subdivision 16, Unsafe buildings,    Subdivision 19, Trespass, and Subdivision 25, Building lines.
(7)   New York Town Law§ 64, Subdivision 17-a, protection of aesthetic interests, and Subdivision 23, General powers.

Definitions. As used in this law, the following terms shall have the meanings indicated:

AGRICULTURAL or FARM   OPERATIONS -The land and on-farm  buildings, equipment, manure processing and handling facilities,  and practices  which  contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision   13   of   New York   Agriculture   and 1Markets   Law   §   301   and "timber processing” as defined in Subdivision 14 of New York Agriculture and Markets  Law§ 301. Such farm operation 'may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

DECOMMISSION PLAN – The manner in which the WECS will be decommissioned which   shall include removal of all structures and debris to a depth of three feet, restoration of the soil and vegetation consistent with the surrounding vegetation and any fencing or minor improvements requested by the landowner                                                                                                               
DECOMMISSION BOND – A guarantee (surety bond) that there are sufficient funds to restore the site if the WECS to its original condition should it cease to function as intended.                                                                                                
                                                                                                                  
EAF - Environmental assessment form used in the implementation of the SEQRA as that term as defined in Part 617 of Title 6 of the New York Codes, Rule, and Regulations.

METEORLOGICAL TOWER – A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.

RESIDENCE - Any dwelling suitable for habitation existing in the Town of Pomfret on the date SEQRA for the specific application is completed, including seasonal homes, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, senior housing," schools or other buildings used for educational purposes. A residence may be part of a multi-dwelling or multipurpose building, but shall not include correctional institutions.

SEQRA - The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.

SITE - The parcel(s) of land where the wind energy facility is to be placed.  The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a wind energy facility or has entered an agreement for said facility or a setback agreement and received the required variance shall not be considered off-site.

SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS) – All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads and one or more wind turbines, which has a rated nameplate capacity of 100 kilowatts or less, and is intended for on-site use.  

SOUND PRESSURE LEVEL - The level which is equaled or exceeded a stated percentage of time. An L10-40 dBA indicates that in any hour of the day 40 dBA can be equaled or exceeded only 10% of the time, or for six minutes. The measurement of the sound pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for
Wind Generators (IEC 61400-11) or other accepted procedures.

TOTAL HEIGHT - The height of the tower and the furthest vertical extension of the WECS.

 TEMPORARY WIND MEASUREMENT TOWER – A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction for the purpose of assisting in large WECS placement

WIND ENERGY CONVERSION SYSTEM (WECS) - A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").         

WIND ENERGY FACILITY - Any wind energy conversion system, small wind energy conversion system or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND TURBINE – A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

C. Findings. The Town Board of the Town of Pomfret finds and declares that:
Wind energy is an abundant, renewable and nonpolluting energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources. The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases, existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or on-site consumption can be reduced. Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety and welfare of neighboring property owners and the general public. If not properly regulated, installation of wind energy facilities can create drainage problems through erosion and lack of sediment control for facility sites and access roads, and harm farmlands through improper construction methods. Wind energy facilities may present a risk to bird and bat populations if not properly sited. If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners. Wind energy facilities are significant sources of noise, which, if unregulated, can negatively impact adjoining properties. Construction of wind energy facilities can create traffic problems and damage local roads. Wind energy facilities can cause electromagnetic interference issues with various types of communications: Permits Required: No wind energy facility shall be constructed, reconstructed, modified or operated in the Town of Pomfret except pursuant to a special use permit issued in accordance with this section. No Large WECS shall be constructed, reconstructed, modified or operated in the Town of Pomfret except in a Wind Overlay Zone, pursuant to an application for rezoning and special use permit approved pursuant to this section. Notwithstanding any other provision of this Zoning Chapter, special use permits for Large WECS shall be issued by the Town Board. This section shall apply to all areas of the Town of Pomfret.  Exemptions. No permit or other approval shall be required under this section ·for WECS utilized solely for agricultural or farm operations in state or county agricultural district, as long as the facility is set back at least 3 times its total height from a property line and does not exceed 120 feet in height. Towers over 120 feet in total height utilized solely for agricultural operations in a state or county agricultural district shall apply for a special use permit in accordance with this chapter, but shall not require a height variance. Prior to the construction of a WECS under this exemption, the property owner or a designated agent shall submit a sketch plan or building permit application to the Town to demonstrate compliance with the setback requirements.   Transfer. No transfer of any Large WECS or special use permit, nor sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), will occur without prior approval of the Town, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this section, and the transferee's demonstration, in the sole discretion of the Town Board, that it can meet the technical and financial obligations of the transferor. No transfer shall eliminate the liability of the transferor nor of any other party under this section unless the entire interest of the transferor in all facilities in the Town is transferred and there are no outstanding obligations or violations.  Notwithstanding the requirements of this section, replacement in kind or modification of a wind energy facility may occur without approval when:
(a)  There will be no increase in total height;
(b)  There will be no change in the location of the WECS;
(c)  There will be no additional lighting or change in facility color; and
(d)  There will be no increase in noise produced by the WECS                                                                          
 Applicability The requirements of this section shall apply to all large energy facilities proposed, operated, modified or constructed after the effective date of this section. Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that: Any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy. No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this section. Any temporary wind measurement tower shall be removed no later than 24 months after said effective date, unless a special use permit for said wind energy facility is obtained.

Wind energy facilities may be either principal or accessory uses. A different existing use or an existing structure on the same site shall not preclude the installation of a wind energy facility or a part of such facility on such site. Wind energy facilities constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure. Creation of Wind Overlay Zones Wind Overlay Zones may be created in the Agricultural/Residential (ARl) Zone only. Initial requests for Wind Overlay Zones shall be submitted with applications for WECS special use permits. No Wind Overlay Zone may be initially created without specific requests for WECSs. Once a Wind Overlay Zone has been created, new WECSs or accessory structures or facilities may be added in that zone by grant of a special use permit pursuant to the requirements of this section. Applications for Wind Energy Conversion Systems. A joint application for creation of Wind Overlay Zone and special use permit for individual WECS shall include the following:
(1)  Name, email, address and telephone number of the applicant.  If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
Name and address of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (a) confirming that the property owner is familiar with the proposed applications and (b) authorizing the submission of the application. Address, or other property identification, of each proposed tower location, including Tax Map section, block and lot number. A description of the project, including the number and maximum rated capacity of each WECS. A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following. Property lines and physical dimensions of the site. Location, approximate dimensions and types of major existing structures and uses on site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed Wind Overlay Zone. Location and elevation of each proposed WECS. Location of all aboveground utility lines on the site or within one radius of the total height of the WECS, transformers, power lines, interconnection point with transmission lines and other ancillary facilities or structures.

Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures. The zoning designation of the subject and adjacent properties as set forth on the official Town Zoning Map. 63 Proposed boundaries of the Wind Overlay Zone. To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed tower location equal to:
  • 3 times the tower height radius.
4 times the tower height radius. 6 times the tower height radius. Location of residential structures within 3,300 feet of each proposed tower. The distance from the center of the tower to any off-site residence within 3,300 feet shall be noted. All proposed facilities, including access roads, electrical lines, sub-stations, storage or maintenance units and fencing. Vertical drawing of the WECS showing Total Height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.  One drawing may be submitted for each WECS of the same type and Total Height. Landscaping Plan depicting vegetation describing the area to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations. Lighting Plan showing any FAA-required lighting and other proposed lighting.  The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of application, no building permit for any lighted facility may be issued until such determination is submitted. List of property owners, with their mailing addresses, within 500 feet of the boundaries of the proposed Wind Overlay Zone.  The applicant may delay submitting this list until the Town Board calls for a public hearing on the application. Decommissioning Plan:  The applicant shall submit a decommissioning plan, which shall include:  1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) the method of ensuring that funds will be available for decommissioning and restoration; 5) the method, such by annual re-estimate by a licensed engineer, that the decommissioning cost will be kept current; and 6) the manner in which the WECS will be decommissioned and the Site restored, which shall include removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.  The Plan shall include the Decommissioning Bond required by this Section.
(11)  Complaint resolution. The application will include complaint resolution process to address complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

         (12)  An application shall include information relating to the construction/installation of the wind energy conversion facility as follows:
A construction schedule describing commencement and completion dates; and A description of the routes to be used by construction and delivery vehicles, and the gross weights and heights of those loaded vehicles.
            (13)   Completed Part 1 of the full EAF.

            (14)   A special use permit for wind measurement towers either temporary or permanent shall be required.

            (15)   For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. Include Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.

            (16)  If the applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment, the Town Board shall issue a positive declaration of environmental significance.

            (17)  If a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be included in the draft environmental impact statement (DEIS) prepared for a wind energy facility. Otherwise, the following studies shall be submitted with the application:
   Shadow flicker. The applicant shall conduct a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECS and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems. Visual impact. Applications shall include a visual impact study of the proposed WECS as installed, which shall include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed zone.

Noise analysis. A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed WECS. The study shall document noise levels at property lines and at the nearest residence not on the site (if access to the nearest residence is not available, the Town Board may modify this requirement). The noise analysis shall provide preexisting ambient noise levels and include low-frequency noise.
 Property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties adjoining WECS sites, including properties across public roads from the site. An assessment of potential electromagnetic interference with   microwave, radio, television, personal communication systems and        other wireless communication.

(18)  Tower design information sufficient to demonstrate compliance with wind-loading requirement                                                    
(19)   Analysis of potential ice-throwing and damage from blade throw impacts.
(20) A statement, signed under penalties of perjury, that the information contained in the application is true and accurate
Wind site assessment. The Town Board acknowledges that prior to construction of a WECS a wind site assessment is conducted to determine the wind speeds and feasibility of using particular sites.  Installation of a temporary wind measurement towers, also known as anemometer (“Mets”) towers, shall require the issuance of a special use permit for a length not to exceed 2 years                   Applications for a temporary wind measurement tower shall include:   Name, email, address and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, email, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation Name, address, email and telephone number of the property owner.  If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application  Location of each proposed tower section including Tax Map section, block and lot number. Site plan Decommissioning plan, based on the criteria in this section for WECS, including a security bond or cash for removal Standards for temporary wind measurement towers The distance between a temporary wind measurement tower and the property line shall be at least 2x the total height of the tower.  Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exception for neighboring property are also allowed with the consent of those property owners. Special use permits for wind measurement towers may be issued by the ZBA for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.
         I.  Application review process.
Applicants may request a pre-application meeting with the Town Board, or with any consultants retained by the Town Board for application review. Meetings with the Town Board shall be conducted in accordance with the Open Meetings Law. Six copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any variances are requested, variance application fees shall be paid at the time of the receipt of the application. Town staff or Town-designated consultants shall, within 60 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this section is   included in the application. If the application is deemed incomplete, the Town Board or its designated reviewer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless the number of WECSs proposed is increased. The Town Board shall hold at least one public hearing on the application. Notice· shall be given by first class mail to property owners within 2500 feet of the  boundaries of the proposed Wind Overlay Zone, and published in  the  Town's official newspaper, no less than 10 nor more than 20 days before any hearing,  but, where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Town, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses. Upon submission of a complete application, the Town Clerk shall transmit the application to the Town Board.  The completed application and any accepted environmental impact statements shall be posted on the Town website or available in the Town Clerk’s Office. The application shall be referred to the Planning Board in accordance with this section and the Zoning Chapter The public hearing may be combined with public hearings on any environmental impact statement or requested variances.
 
Notice of the project shall also be given, when applicable, to the Chautauqua County Planning Board, if required by General Municipal Law §§ 239-1 and 239-m, and to adjoining Towns under Town Law § 264. SEQRA review. Applications for WECS are deemed Type I.  projects under SEQRA. The Town Board shall conduct its SEQRA review in conjunction with other agencies, and the record of review by said agencies shall be part of the record of the Town Board’s proceedings. The Town may require an escrow agreement fur the engineering and legal review of the applications and any environmental impact statements before commencing its review. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town Board shall issue a statement of findings, which statement may also serve as the Town Board’s decision on the applications.                      
                                                                                    
     (10)  Upon receipt of the report of the recommendation of the County Planning Board (where applicable),  the holding of the public hearing, and the completion of the SEQRA process, the Town Board may approve, approve with conditions or deny the applications,  in accordance with the standards in this section where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the Notice of Public Hearing prepared by the Town, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.
J. Standards shall apply to all Large WECS, unless specifically waived by the Town Board as part of a permit.
All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable. No television, radio or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the telecommunications facility’s provisions of the Town Zoning Chapter. No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures. Lighting of tower. No tower shall be lit except to comply with FM requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.  All applicants shall use measures to reduce the, visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a  project shall be finished in a single, non-reflective matte finished color or a camouflage scheme. Individual WECSs within a Wind Overlay Zone shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the zone, to provide   reasonable uniformity in overall size, geometry and rotational speeds. No lettering, company insignia, advertising or graphics shall be on any part of   the tower, hub or blades.    The use of guy wires is prohibited.    
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic   interference is grounds for revocation of the special use permit for the specific WECS or WECSs causing the interference. All solid waste, hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.    WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided when feasible. The use of previously developed areas will be given priority wherever possible. WECSs shall be located in a manner that minimizes significant negative impacts on rare, endangered and threatened animal species in the vicinity, particularly bird and bat species.   Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.   Storm water runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.   The maximum total height of any WECS shall be 550 feet.  Construction of the WECS shall be limited to the hours of 8:00 a.m. to 8:00 p.m. except for certain activities that require cooler temperatures than   possible during the day, subject to approval from the Town.

  Substations required to serve WECS are essential public service under this Zoning Chapter. Substations shall be screened from public view.

  The Town of Pomfret shall be named as an additional insured under the general liability policy of the applicant, the amount of which insurance shall be no less than an amount to be determined by the Town Board given the nature and scope of the project proposed by the applicant

  Any construction or ground disturbance involving agricultural land shall be done according to the NYS Department of Agriculture and Markets’  publication titled “Guidelines for Agriculture Mitigation for Wind Power Projects.”

K.      Required safety measures for Large WECS.
(1)   Each large WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(2)   A six-foot-high fence with a locking portal shall be required to enclose each tower or group of towers. The color and type of fencing for each WECS installation shall be determined on the basis of individual applications as safety needs dictate. The entrances to entrance roads shall be gated and kept locked.
(3)   Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.  A sign shall be posted on the entry area of fence around each tower or group of towers and any building containing emergency contact information, including a local telephone number with twenty-four-hour, seven-day-a-week coverage. The Town Board may require additional signs based on safety needs.
(4)   No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole.
(5)  The minimum distance between the ground and any part of the rotor or blade system shall be 20 feet.
(6)  WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.
(7)  Accurate maps of the underground facilities shall be filed with the Town and with "Dig Safely New York (1-800-962-7962)" or its successor.                               ·
L. Traffic routes.
Construction of WECS poses potential risks because of the large-size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for large WECS and/or associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include: minimizing traffic impacts from construction and delivery vehicles; minimizing WECS related traffic during times of school bus activity; minimizing wear and tear on Town roads; and minimizing impacts on local business operations. Permit conditions may require remediation during construction, may limit WECS-related traffic to specified routes, and may include a plan for disseminating traffic route information to the public, and all applicable state, county and municipal highway authorities and superintendents whose roads are included in the WECS traffic routes plan. Notification to all applicable highway authorities and superintendents will include the number and type of vehicles and their size, their maximum gross weight, the number of round trips, and the dates and time periods of expected use of designated traffic routes.

The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a large WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads.
(3)     If the applicant uses any seasonal use highway in the off-season, it shall be solely responsible for the maintenance of said highway, including but not limited to snow plowing. No act of maintenance on a seasonal use highway by an applicant shall be considered as Town maintenance of that highway for purposes of determining the seasonal use status of the highway.                                                                       
Setbacks for large wind energy conversion systems. The statistical sound pressure level generated by a WECS shall not exceed L10- 40 dBA measured at any residence' existing at the time of completing the SEQRA    review of the application. If the ambient sound pressure level exceeds 38 dBA, the standard shall be ambient dBA plus 5 dBA.  Independent certification shall be provided before and after construction demonstrating compliance with this requirement. In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, screech or hum, the standards for audible noise set forth in Subsection M(l) of this subsection shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 100 and 125 Hz. In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.

Any noise level falling between two whole decibels shall be the lower of the two. Each WECS shall be set back from site boundaries, measured from the center of the WECS, a minimum distance of: 4 times the height of the tower from the nearest site boundary property line. 4 times the height of the tower from the nearest public road. 6 times the height of the tower from the nearest off-site residence existing at the time of application, measured from the exterior of such residence. 3 times the total height of the WECS from any non-WECS structure or any aboveground utilities. 3 times the height of the tower from state-identified wetlands. This distance may    be adjusted to be greater or lesser at the discretion of the reviewing body, based on wetland designation, topography, land cover, land uses and other factors. 4 times  the height of the tower from gas wells, unless waived in writing by the property owner Noise and setback easements. In the event the noise levels resulting  from  a  WECS exceed the criteria established in this section, or any setback requirement is not met, a waiver will be granted from such requirement by the Town Board in the following circumstances:
   (1)  Written consent from the affected property owners has been obtained stating that they are aware of the WECS and the noise and/or setback limitations imposed by this section, that they wish to be part of the site as defined in this section, and that their consent  granted to:
a. Allow noise levels to exceed the maximum limits otherwise allowed; or
Allow setbacks less than required
            (2)  In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this section, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.
Creation of Wind Overlay Zones and issuance of special use permits.
(I)  Upon completion of  the wind overlay zone review process,  the Town Board shall, upon consideration  of  the  standards  in  this  section  and  the  record  of  the  SEQRA  review,  issue  a written decision with the reasons for approval, conditions of approval or disapproval fully stated in regard to the creation of the wind over lay zone.
If approved, the Town Board will direct the Town Clerk to modify the Official Map to reflect the creation of the Wind Overlay Zones. The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail
    P.     Issuance of Special Use Permit
Once referral from Town Board is received ZBA will begin review process for Special Use Permit Special Use Permit shall be valid for a period of 5 years and must be renewed through the application process for every additional 5 years. If any approved WECS is not substantially commenced within two years of issuance of the permit, the special use permit shall expire.
Q.  Abatement.
If any WECS remains nonfunctional or inoperative for a continuous period of one year or if the Special Use Permit becomes invalid, the applicant agrees that, without any further action by the Town Board, it shall remove said system at its own expense.  Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the   property.   This   provision   shall   not   apply   if the applicant
demonstrates to the Town that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town’s ability to order a remedial action plan after public hearing.
Nonfunction or lack of operation may be proven by reports to ·the Public Service Commission, NYSERDA, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Town Board all reports to and from the purchaser of energy from individual wind energy conversion systems, if requested necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information. Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town for the removal of nonfunctional towers and appurtenant facilities in an amount to be determined by the Town for the period of the of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.
R.      Limitations on approvals and easements                        
(1) Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility.  It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
             (2) Pursuant to the powers granted to the Town to manage its own property, the Town may enter into wind flow and turbulence easements and rights to vegetation removal on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state law or this section.
S.      Permit revocation.
Testing. A special use permit shall contain a requirement that the applicant fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which shall be required in accordance with the renewal of the Special Use Permit (every 5 years) or more frequent upon request of the Town Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the special use permit and this section and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the ZEO to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days. Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the ZEO. The applicant shall have 90 days after written notice from the ZEO to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days. Compliance. Notwithstanding any other abatement provision under this section, and consistent with § 300-83P(l) and (2), if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame, or order revocation of the special use permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the decommission plan to remove the WECS.
T.     Fees
Fees for Wind Overlay Zone rezoning and all necessary permits shall be                                         adopted by resolution of the Town of Pomfret Town Board.  The cost of all legal notices and mailings shall be assessed to the applicant.  Applicant shall be responsible for all consultants and costs thereof by the Town in review of any application. Building Permits      The Town believes the review of building and electrical permits for wind energy facilities requires specific expertise for those facilities.  Accordingly, the permit fees for such facilities shall be increased by administrative costs in an amount as set by resolution of the Town Board, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work.  In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities.  In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct of inspections as agreed by the parties. The applicant shall, prior to the receipt of a building permit, demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an interconnection agreement with the New York Independent System Operator and/or the applicable transmission owner. Nothing in this section shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town of expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA The Town Board may amend these fees by resolution after a properly noticed public hearing

U.  Tax exemption. The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law 487, pursuant to the authority granted by Subdivision 8 of that Law.
V.    Enforcement; penalties and remedies for violations.
The Town Board shall appoint such Town staff or outside consultants as it sees fit Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $2,500 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment.  Every such person shall be deemed guilty of separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation and each week said violation continues shall be deemed a separate violation. In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.                                                                      
Small Wind Energy Conversion Systems.
Purpose and intent. The purpose of this small WECS section is to provide standards for small wind energy conversion systems designed for residential, farm and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this small WECS section is to encourage the development of small wind energy systems and to protect the public health, safety and community welfare. Applications Applications for small WECS wind energy permits shall include: Name, address, email and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.
[2]   Name, address, email and telephone number of the property owner. If   the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

[3] Address of each proposed tower location, including Tax Map section, block and lot number.
  [4] Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
  [5] A line drawing of the electrical components of the system insufficient detail to allow for a determination that the manner of installation conforms to the Uniform Fire Prevention and Building Code of NYS.
 [6] Sufficient information demonstrating that the system will be used primarily for consumption of electricity at that location.

 [7] Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.
[8]   A visual analysis of the small WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
(b) No overlay zone application or permit shall be required for a small WECS in the Town of Pomfret
         (3) Development Standards 
All small Wind Energy Systems applications shall comply with the following standards set forth below.  Additionally, such systems shall also comply with the requirements established by other sections of this law that are not in conflict with the requirements contained in this section.      
 All applications for small WECS facilities in the Town of Pomfret shall be heard and determined by the Zoning Board of Appeals.  In considering and determining all said small WECS applications, the Zoning Board of Appeals shall have no authority to vary the provisions of this Local Law as said application relates to development standards, set-backs, area requirements, and other standards for small WECS as set forth herein.
(1)     All small WECS systems shall be located on a lot a minimum of two (2) acres in size.  However, this requirement can be met by multiple owners submitting a joint application.
(2)    Only one (1) Small Energy System tower shall be allowed per legal lot premises, unless there are multiple applicants, in which case their joint lot shall be treated as one (1) conforming lot for purposes of this section.
(3)    Small Wind Energy Systems in the Town of Pomfret are to be used exclusively to reduce the onsite consumption of electricity.
(4)   Maximum total height permitted for small WECS in the Town of Pomfret are allowed as follows:
         i) 100 feet or less on sites two (2) acres, but less than five (5) acres in area.
                 ii) 160 feet or less on sites having an area of five (5) acres or more
        (5)     Maximum rated turbine output is limited to less than 100kw
        (6)     WECS system towers and blades shall be painted a non-reflective, unobtrusive color that blends the system and components into the surrounding landscape to the greatest extent possible, and incorporates non-reflective surfaces to minimize visual disruption and glare.
        (7)     The systems shall be designed and located in such manner to minimize adverse visual impacts from public viewing areas.
        (8)     Exterior lighting on any structure associated with the system shall not be allowed, except that which is specifically required by the FederalAviation Administration.
        (9)      All onsite electrical wires associated with the system shall be installed underground except “tie-ins” to a public utility company, and public utility company transmission poles, towers, and lines.  This standard may be modified by the decision maker if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impact, or similar factors.
      (10)      The system shall be operated such that no disruptive electro-magnetic interference is caused.  If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference, or cease operation of the WECS system.
      (11)      At least one (1) sign shall be posted on the tower at a height of five (5) feet warning of electrical shock or high voltage, and harm from revolving machinery.  No brand names, logo, or advertising shall be placed or painted on any WECS tower or any part of the system where it would be visible from the ground, except that a system or tower’s manufacturers name may be displayed on part of the WECS in an unobtrusive manner.
      (12)      Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
                  i)  Tower climbing apparatus located no closer than twelve (12) feet from the ground.
                   ii)  A locked anti-climb device installed on the tower.
       iii)  A locked, protective fence at least six (6) feet in height that encloses the tower.
       (13)  Anchor points for any guide wires for a system tower shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines.  The point of attachment for the wires shall be enclosed by a fence six (6) feet high or sheathed in bright orange or yellow covering from three (3) to eight (8) feet above the ground.
       (14)  Construction of onsite access roadways shall be minimized.  Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing natural condition upon completion of installation.  To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal access wind turbine blade shall be at least thirty (30) feet above the highest structure or tree within a two-hundred and fifty (250) foot radius.  Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
      (15) All small Wind Energy Systems and tower structures, shall be designed and constructed in compliance with applicable provisions of the Uniform Fire Prevention and Building Code.
      (16) All small Wind Energy Systems shall be equipped with manual and automatic over-speed controls.  The conformance of rotor and over-speed control design and fabrication to standard engineering practices, shall be certified by the manufacturer.
    (4)  Standards
            All small Wind and Energy Systems in the Town of Pomfret shall comply with the following Standards:
            a) Setback requirements – all small WECS in the Town of Pomfret shall be located no closer to a non-applicant property line, public right-of-way, or any non-WECS structure, or above ground utility, than one and one-half times the total height of the WECS facility.  In addition, no small WECS shall be located closer than two (2) times the total height of the facility from the nearest existing residence, as measured from the nearest exterior of said residence to the small WECS facility.
            b) Noise -  Except during short term events, including utility outages and severe wind storms, a small WECS in the Town of Pomfret shall be designed, installed, and operated so that noise generated by system shall not exceed forty (40) decibels (dBA) as measured at the nearest existing residence at its closest exterior point from the small WECS.
    (5)  Abandonment of Use
             A small WECS in the Town of Pomfret which is not operated or used for a period of twelve (12) successive months, shall be deemed abandoned, and shall be dismantled and removed from the property at the expense of the property owner.  Failure to abide by, and faithfully comply with this section or with any and all conditions that may be attached to the granting of any WECS permit shall constitute grounds for the revocation of said permit by the Town. All small WECS shall be maintained in good condition and in accordance with the requirement of this section.
    (6)  Waivers
             The Town Board, may after a public hearing (which may be combined with other public hearings on Wind Energy Facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this Local Law if, in the opinion of the Town Board, the grant of said waiver is in the best interest of the Town.  The Town Board may consider as reasonable factors in evaluating the request, which may include, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request.
The Town Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.
Miscellaneous
I.          Fees
A)        In addition to any fee schedule adopted by the Town of Pomfret Town Board, there shall be non-refundable Application fees as follows:
            1.   Wind Overlay Zone rezoning:  $500 per zone.
            2.  WECS Special Use Permit:  $50 per megawatt of rated maximum capacity.  
            3.  Wind Measurement Towers:  $200 per tower.
            4.  Wind Measurement Tower Special Use Permit renewals:  $50 per Wind Measurement Tower.
            5.  The cost of all legal notices and mailings shall be assessed to the applicant.
B)        Building Permits
            1.  The Town believes the review of building and electrical permits for Wind Energy Facilities requires specific expertise for those facilities.  Accordingly, the permit fees for such facilities shall be increased by administrative costs which shall be $100 per permit request, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work.  In the alternative, the Town and applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities.  In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.
            2.  The applicant shall, prior to the receipt of a building permit demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an Interconnection Agreement with the New York Independent System Operator and/or the applicable Transmission Owner.
C)  Nothing in this Section shall be read as limiting the ability of the Town to enter into Host Community agreements with any applicant to compensate the Town for expenses or impacts on the community.  The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.
D)  The Town Board may amend these fees, by resolution after a properly noticed public hearing.
II.          Tax Exemption
            The Town hereby exercises its right to opt out of the Tax Exemption provisions of Real Property Tax Law §487, pursuant to the authority granted by paragraph 8 of that law.
III.       Enforcement; Penalties and Remedies for Violations
A) The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this Section.
B)   Any person owning, controlling, or managing any building, structure, or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Section or in noncompliance with the terms and conditions of any permit issued pursuant to this Section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than fifteen days, or subject to both such fine and imprisonment for a first offense, for a Second offense (both within a period of five years), a fine not less than $350 nor more than $700, or imprisonment not to exceed six months, or both, and for a Third or more offense (all of which occurred within 5 years), a fine not less than $700 nor more than $1,000, or imprisonment not to exceed six months, or both.  Every such person shall be deemed guilty of a separate offense for each week such violation shall continue.  The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation and each week said violation continues shall be deemed a separate violation.
C)  In case of any violation or threatened violation of any of the provisions of this Section, including the terms and conditions imposed by any permit issued pursuant to this Section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.

 Section Four – Validity If any part or provision of the Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provisions or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances.          
Section Five – Effective Date This Local Law shall be effective immediately upon filing with the Secretary of State.

AUDIENCE CONCERNS
  • Gail Clark, Pomfret resident, questioned the purposed local law being available to the public. Town Clerk, Allison Vento, addressed her concern stating the purposed local law was available in the Clerk’s Office for review to any and all residents. The law was printed and placed in her office prior to the legal notice being published in the Observer on February 28, 2020. She also stated the public hearing notice was posted on the official website of the Town of Pomfret and the public bulletin board located in Town Hall. Mrs. Clark brought to the attention of the board the recommendation of the Chautauqua County Health Department for local municipalities to restrict IWTs (Industrial Wind Turbines) to a minimum of 1.5 miles from any property line and 35 or fewer decibels in sound frequency. To conclude Mrs. Clark’s comments, she thanked the board for brining the urgency to update the law within the Town of Pomfret.
  • Lynn Bedford, Arkwright resident, informed the board she resides at the base of one of the windmills in the Town of Arkwright. Since the project commenced, she has suffered and experienced health issues due to the wind turbines placed near her residence. She’s urged the board to do their homework as some individuals have a sensitivity to electronics.
  • Mark Twitchell, Fredonia resident, praised the board for their good effort and faith to protect the residents in the Town of Pomfret. He agrees with the Chautauqua County Health Department and their recommendations in regards to the 1.5 mile set back from any property line for the placement of an IWT (Industrial Wind Turbine). He also raised the concern of battery storage. He stated the containers are hazardous. He encouraged the board to enact a battery law for both wind turbines and solar.
  • Rod Pennica, Fredonia resident, asked the board to consider adding language to the purposed law to protect residents who live next to individuals who have a large number of acres. He used the example of a property owner of 100 acres, a wind turbine can be placed at the edge of their property, furthest away from their home, but be in close proximity to their neighbor’s house. He also asked the board to consider the appraiser who is hired for a project, for it to be mutually agreed upon between both the contractor and the board.
  • Karen Engstrom, Chautauqua Access, was present filming the public hearing. She is in favor of the local law purposed and felt it was a positive step for the Town of Pomfret. She distributed to the board a DVD titled, “Industrial Wind in Chautauqua County, Get Out While You Can, The Arkwright NY Wind Story”.
BOARD COMMENTS
  • Councilman Christy gave thanks to the Planning Board for the efforts and recommendations for the purposed law. He is comfortable with the way the law is written and believes the town is being set up in a good way to protect the residents.
With no additional comments or concerns by the public, a motion was made by Supervisor Pacos, seconded by Councilwoman Eckman to close the public hearing at 6:51 P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, Town Clerk
 

February 12, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 12, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
                          Supervisor Daniel Pacos
                          Town Clerk Allison Vento
PRESENT:         Town Counsel Jeffrey Passafaro
                          Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:     John Sedota
                                        Ann Eckman
                                       Christopher Schaeffer
          
ABSENT:                     Brett Christy

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the January 08,2020 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2 of 2020. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

General Fund Town Wide      $19,758.30
General Fund Part Town        $336.29
Highway Fund Part Town       $34,228.41
Berry Water District               $292.49
Chestnut Water District          $269.83
North End Water District        $668.66
Lily Dale Sewer District         $195.35
Lily Dale Fire Protection        $30,100.00
Pomfret Fire Protections         $355,524.00
Capital Projects                       $6,230.00

DULY MOVED by Councilman Schaeffer to approve the following budget transfer. The motion was seconded by Councilwoman Eckman and carried unanimously.
GENERAL FUND OUTSIDE VILLAGE
$1,000             FROM             B3120.4          Police Contractual
                        TO                   B7550.4          Celebrations Contractual

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for January 2020. A total of $7,843.40 was collected. The report is on file with Clerk Vento.
  • Pomfret Town Justice report for January 2020 is as follows:
Justice Dietzen Total Cases:153
                        Total Fine & Surcharges: $11,373.00

                        Justice Pulci Total Cases:  111
                        Total Fine & Surcharges: $7,163.00
  • The Historian Report for the month of February 2020 has been distributed to the board and is on file in the Clerk’s office.
  • The Fredonia Fire Department has given the January 2020 report. There was a total of 180 calls with 30 being within the Town of Pomfret.
  •  Town of Pomfret offices will be closed February 17, 2020 in observance of President’s Day.
  • Warren Kelly, Code Enforcement Officer, has distributed the 2019 annual report for all building permits issued in the Town of Pomfret. The report is on file in the office of the Clerk.
  • Councilwoman Eckman made a motion to authorize Town Clerk Vento to attend the Annual International Institute of Municipal Clerks conference May 17-20, 2020, at a reasonable cost to the Town. The motion was seconded by Councilman Sedota and carried unanimously.
  • Town Clerk Vento has worked with the website provider to make the website ADA compliant. There is now an icon at the bottom right hand of the screen which can be accessed to help those with additional needs to navigate the website.

AUDIENCE CONCERNS
-none-

SUPERVISOR PACOS
  • The Town of Pomfret received and accepted a grant in the amount of $30,000.00 from the Wastewater Infrastructure Engineering Planning Grant Program though the New York Clean Water State Revolving Fund.
  • Councilwoman Eckman made a motion to enter into Professional Service Agreements with L2 Engineering, D.P.C. of Dunkirk, New York, for an extension of study for the Lily Dale Sewer District Wastewater Treatment System at a cost not to exceed $7,849.00 and also a Professional Service Agreement for a flow study at a cost not to exceed $28,151.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town of Pomfret received a letter from the NYS Department of Health in regards to the Water Infrastructure Improvement Act grant program. The town was not selected to receive an award during this round for the Lily Dale Water District #8.
  • Supervisor Pacos made a motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.

WHEREAS, The New York State Department of Transportation proposes the construction, reconstruction, or improvement of Intersections Safety Improvements Project in the Town of Pomfret located in Chautauqua County, PIN 5812.72, D263904, and

WHEREAS, the State will include as part of the construction, reconstruction, or improvement of the above-mentioned project the relocation of luminaires and pole, pursuant to Section 10, Subdivision 24, of the State Highway Law, as shown on the contract plans relating to the project and meeting the requirements of the owner, and

WHEREAS, the service life of the relocated and or replaced utilities has not been extended, and

WHEREAS, the State will provide for the reconstruction of the above-mentioned work, as shown on the contract plans relating to the above-mentioned project,

NOW, THEREFORE,

BE IT RESOLVED, that the Town of Pomfret approves of the relocation of luminaires and pole and the above mentioned work performed on the project and shown on the contract plans relating to the project and that the Town of Pomfret will maintain or cause to be maintained the adjusted facilities performed as above stated and as shown on the contract plans,

BE IT FURTHER RESOLVED, that Daniel Pacos has the authority to sign, with the concurrence of the Pomfret Board, any and all documentation that may become necessary as a result of this project as it relates to the Town of Pomfret, and

BE IT FURTHER RESOLVED, that the Clerk of the Town of Pomfret is hereby directed to transmit five (5) certified copies of the foregoing resolution to the New York State Department of Transportation.
  • A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to schedule a Public Hearing for proposed Local Law # 1 of 2020-WECS on March 11, 2020 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion carried unanimously.
  • Councilman Schaeffer made a motion to appoint Thomas Fisher as Town Constable at a rate of pay as fees allowed by the State. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos made a motion to accept the resignation, effective
February 28, 2020, of Kevin Muldowney, Pomfret Assessor with regret. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to re-appoint Kevin Muldowney, as Pomfret Assessor, effective March 2, 2020 for the balance of the previous approved six-year term by the Pomfret Board. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the 2019 Town Justice Court books which have been reviewed by Supervisor Pacos and have been accepted by the Pomfret Town Board. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize the contribution in the amount of $1,000.00 to the Small Business Revolution. Them motion was seconded by Councilman Schaeffer and carried by a roll call vote.

ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota- AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
 
  • Councilman Schaeffer made a motion to authorize the following Inclement Weather Policy and for it to be included in the Pomfret Employee Handbook. The motion was seconded by Councilman Sedota and carried unanimously.
Inclement Weather
The Town of Pomfret will make every effort to maintain normal work hours even during inclement weather, however, where extraordinary circumstances warrant, the decision may be made to close the offices.
Emergency Closing Policy
Although the Town will make every effort to remain open for business on scheduled workdays, there may be instances where conditions make it impossible to do so. These include, but are not limited to, severe weather, declared state of emergency, utility disruptions, natural disasters, and terrorist actions.
The Town will follow guidance as reported on the local news stations. If there is a TRAVEL BAN that would prevent an employee from getting to work, the employee should not report to work. If/when the travel ban is lifted, it is expected that the employees would then report to work within one hour of the ban being lifted. If there is a TRAVEL ADVISORY, employees must report to work. Employees unable to arrive to work on any such day will be charged one (1) day of vacation time.
This policy applies to all employees of the Town of Pomfret, with the exception of the Highway Department.
  • Councilman Sedota made a motion to rescind a motion made by the Town Board on August 14, 2019 for a non-addressable fire alarm system thru DFT Communications in the amount of $2,515.95 with $25.95 per month for monitoring. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to enter into an agreement for an addressable fire monitoring system valued at $3,199.95 with DFT Communications. The Town will pay a cost not to exceed $2,215.95 with $25.95 per month monitoring fee. The remainder of the fee will be covered by the Barker Library in the amount of $684.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to enter into agreement with Bahgat & Laurito-Bahgat for bookkeeping services until December 31, 2020. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve Drescher & Malecki, LLP for a one-year engagement to conduct an audit of the 2019 fiscal year of the Town of Pomfret, at a cost not to exceed $15,218.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos met with representatives from TLC Brooks Hospital and the Mayor of Fredonia regarding the relocation of the hospital. Supervisor Pacos stated the project is moving forward and will update the board when information is ready to be made public.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Councilwoman Eckman made a motion, seconded by Councilman Sedota, pursuant to the provisions of Section 284 of the Highway law, that the monies levied and collected for the repair and improvements of highway, and received from the state for the repair and improvements of highways, shall be expended as follows: General Repairs in the sum of $155,000.00 may be expended for general repairs upon 56 miles of town highways including, cluicas, culverts, and bridges having a span of less than five feet and board walks or the renewals there of. The motion carried unanimously.
  • Highway Superintendent Gardner gave the board a monthly report of work completed for the month of January.
  • The electronic car charging station at the highway barns has been completed and available for use.
  • Supervisor Pacos made a motion to declare a Karav trailer, VIN#186UJ2080H000064 surplus and authorized Highway Superintendent Gardner to dispose of it properly and in favor of the Town. The motion was seconded by Councilman Schaeffer and carried unanimously.
 
  • Supervisor Pacos made a motion to declare the Toshiba E Studio 205L printer/fax machine surplus and authorized Highway Superintendent Gardner to dispose of it properly and in favor of the Town. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Highway Department employees have completed the Sexual Harassment training for the year 2020.
  • Councilwoman Eckman made a motion to hire Tyler Haines, 235 Franklin Ave., Dunkirk as a full-time highway employee at a rate of $18.00 per hour effective 2/13/2020. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Brainard Road culvert will be replaced with help of Chautauqua County shared services.
  • With the help of Soil & Water and Chautauqua County the Van Buren boat launch is going to be repaired before the new season starts. Chautauqua County is going to help dig and set the new rip rap.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board meeting and enter into executive session for the purpose to discuss the employment history of a particular person, with no action to be taken. The motion was seconded by Councilman Schaeffer and carried. TIME: 7:17P.M.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to leave Executive Session and reconvene the Regular Town Board Meeting. The motion carried. TIME: 8:04P.M.

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting at 8:05P.M. The motion was seconded by Councilman Schaeffer and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 08, 2020 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. January 08, 2020 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                              
                                     Supervisor Daniel Pacos
                                     Town Clerk Allison Vento
PRESENT:                    Town Counsel Jeffrey Passafaro
                                     Highway Superintendent Jude Gardner

                                              
COUNCILPERSONS:    John Sedota
                                      Brett Christy
                                      Ann Eckman
                                      Christopher Schaeffer            

The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
December 11, 2019 Regular Town Board Meeting. The motion was seconded by Councilman Christy, the motion carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the January 2, 2020 Organizational Meeting minutes. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #13 of 2019. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $19,708.85
General Fund Part Town        $203.66
Highway Fund Town Wide    $12,170.83
Highway Fund Part Town       $16,109.28
Berry Road Water District      $22.63
North End Water District        $75.68
Lily Dale Sewer District         $423.09

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2020. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $13,269.85
General Fund Part Town        $17,273.75
Highway Fund Part Town       $5,404.88
Berry Water District               $9,101.38
Chestnut Water District          $3,069.84
North End Water District        $37,985.80
Rt. 20 Water District               $103.48
Rt. 20 Sewer District              $160.88
Rt. 60 Water District               $6,451.03
Rt. 60 Sewer District              $8,442.09
Sewer District #1                    $2,520.68
Sewer District #2                    $1,560.26
Lakeview Sewer                     $193.60
Lily Dale Sewer District         $266.20
Capital Projects                       $2,908.40


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office. A total of $76,030.95 was collected in 2019. A copy of the report is on file with Town Clerk Vento.
  • Pomfret Town Justice report for December 2019 is as follows:
Justice Dietzen Total Cases:110
                        Total Fine & Surcharges: $9,642.00

                        Justice Pulci Total Cases:  132
                        Total Fine & Surcharges: $10,257.00
  • The Annual Historian Report for the year 2019 has been distributed to the board and is on file in the Clerk’s office.
  • The Fredonia Fire Department has given the monthly report for the month of December 2019. The month had a total of 161 calls with 34 being within the Town of Pomfret.
  • The Fredonia Fire Department has given the annual report for the year 2019. For the year, a total of 1,970 calls were reported with 372 being within the Town of Pomfret.
  •  Town of Pomfret offices will be closed January 20, 2020 in observance of Martin Luther King Jr. Day.
  • There is a vacancy on the Pomfret Planning Board. All parties interested may submit a letter of interest and resume to the Town Clerk at Town Hall. This has also been posted on the website.
  • Councilman Schaeffer made a motion to authorize Town Clerk Vento to attend the Association of Town’s Annual Business Meeting and Conference  
February 15-19,2020. The motion was seconded by Councilman Christy and carried unanimously.

AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS
  • Supervisor Pacos made a motion to accept the quote from Gugino Pluming & Heating, Inc. of Fredonia in the amount of $4,106.00 for removing and disposing of two (2) toiles, two (2) lavatory sinks and one (1) drinking fountain; provide and install two (2) ADA toilets, two (2) wall-hung lavatory sinks, repair existing exhaust fan system, and provide and install a new drinking fountain. The motion was seconded by Councilman Christy and carried unanimously.
  • The Town Board has authorized the Town Clerk to move forward with the RFP for an audit of the Town. All proposals are to be turned in to the Town Clerk’s Office by February 7, 2020 at 4:00 P.M.
  • Supervisor Pacos informed the board he will be attending a meeting of the North County Water District and also will be meeting with Fredonia Mayor, Doug Essek, to work on collaborative efforts between the two municipalities.
  • A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to schedule a workshop meeting for February 6, 2020 at 5:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of discussion on open agenda items.
COUNCILMAN SCHAEFFER
  • Councilman Schaeffer approached the subject of term limits for elected board members. He asked Attorney Passafaro to look further into this. After a brief discussion, it was decided to not investigate any further.

COUNCILMAN CHRISTY
  • Councilman Christy praised Superintendent Gardner and his crew for their efforts within the department.
  • There will be a meeting with Town Clerk Vento, Councilman Christy and L2 Engineering of Dunkirk on January 27, 2020 at 3:00P.M. at Pomfret Town Hall for discussing the Lily Dale Waste Water Treatment Plant.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board regarding the policies and procedures for the cemeteries. It is still a work in progress, with hopes of having a draft for the next meeting.
  • Councilwoman Eckman gave information for the Small Business Revolution. The Village of Fredonia is in the running to be in the top five to have a grant of $500,000.00 to help small businesses within the village. The announcement for the top five will be on January 14th at 7:00 A.M. A rally is planned for the morning of the announcement. The rally will be at the Fredonia Opera House at 6:30 A.M. All are welcome to attend.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase two (2) 2019 John Deer X590 Garden tractors. The Town will trade in two (2) 2018 John Deere X540 tractors with 42” Mulch/Rear discharge decks, 386 hours, 413 hours. The amount for the trade in is $3,340.00, and $3,200.00 respectively. The amount for the two new tractors with the trade in values will be $6,080.00.  Highway Superintendent Gardner has the permission to make the exchange with LANDPRO Equipment at state contract price #PC68131. The motion was seconded by Councilman Christy and carried unanimously.
  • Highway Superintendent Gardner is researching the Glasgow Road Park, owned by the Village of Fredonia, to use for leaf disposal. The current disposal site is not adequate for the volume of leaves collected. Supervisor Pacos is going to speak to Village Mayor Essek about the use of the park on Glasgow Road.
  • The lighting at the barns will be upgrade to LED. The work will be completed by Lime Energy, Buffalo N.Y. The estimated annual savings per year will be $409.71.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board he has been working on the draft water agreement with the Village of Cassadaga for the Lily Dale Water District. Once this draft is ready it will be forwarded to the appropriate parties for review and negotiating. 
DULY MOVED by Councilman Christy to close the Regular Town Board Meeting at 7:32P.M. The motion was seconded by Councilwoman Eckman and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 02, 2020-Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 2, 2020 at 5:00P.M.

                            Supervisor Daniel Pacos
Present:            Town Clerk Allison Vento
                                                                                  
Councilpersons:     Councilman John Sedota
                                    Councilman Christopher Schaeffer
                                    Councilman Brett Christy
                                    Councilwoman Ann Eckman
                                 
Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.
                                 
APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                           $ 12,000
Councilperson                         (4)        $ 4,500 (each)
Town Justices                          (2)        $16,000(each)
Town Clerk                                         $41,593
Highway Superintendent                $65,691

DULY MOVED by Supervisor Pacos, 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 Roger Renswick to serve
on the Board of Assessment Review with the term expiring as
listed below:
Michaelene Comerford           9/30/2020
Harry Centner                         9/30/2021
Alan Shaw                              9/30/2022
Kirk Hutchinson                      9/30/2023
Roger Renswick                      9/30/2024

DULY MOVED by Councilwoman Eckman, seconded by Council Christy and carried.

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

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

APPOINT DEPUTY TOWN CLERK(S) 

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

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

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

Highway Superintendent Jude Gardner appoints Jeff O’Brien as Deputy Highway
Superintendent at the rate of $1.00 per hour in addition to his
hourly rate.

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

 APPROVE APPOINTMENTS AND SALARIES AS FOLLOWS:
Kevin Muldowney – Assessor              $36,435.00 per year
Kathy Ludemann-Assessor Clerk        $17.19 per hour
Board of Assessment Review              $12.00 per hour
Warren Kelly-Code/Inspection Officer $16,000.00 per year
Warren Kelly-Fire Inspector                $5,000.00 per year
James DeJoe-Zoning Officer                $7,114.00per year
EvaDawn Bashaw-Secretary for Zoning/Plan. $15.55 per hour
Allison Vento  -Civil Defense Officer   $500.00 per year
Miriam Washington-Court Clerk         $16.55 per hour
Susan Graves- Court Clerk                   $17.19 per hour
David McCoy -Court Officer                 $15.57 per hour
Thomas Fisher-Court Officer               $15.57 per hour
Jacob Berger-Court Officer                  $15.57 per hour
Michael Callender-Court Officer         $15.57 per hour
Michael Vinciguerra-Town Constable Fees As Allowed By State
Larry Ludemann-Town Constable       Fees As Allowed By State
Douglas Bunge-Town Constable          Fees As Allowed By State
Pat Ambrose-Town Constable              Fees As Allowed By State
Daniel Smith-Town Constable              Fees As Allowed By State
Allison Vento -Registrar                         Fees As Allowed By State
EvaDawn Bashaw -Deputy Town Clerk     $15.55 per hour
Ann Renkens -Deputy Town Clerk             $14.55 per hour
EvaDawn Bashaw -Collector of Taxes       $5,500.00 per year
Office Help for Tax Collection                    $2,600.00 per year
Jeffrey Passafaro-Town Counsel       $135.00/$170.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract   $15,000.00 per year

Ann Renckens-Pomfret Cemetery Sexton    $14.55 per hour
Jude Gardner   -Cemetery Maintenance Supervisor     $2,800.00 per year
Dennis Maslak                                        $28.69 per hour
Loren Laurito                                          $28.13 per hour
Jeff O’Brien (includes $1.00/hr. for Deputy. Highway Superintendent)                                     $27.61 per hour
David Dunlop                                         $26.55 per hour
Jeff Abbey                                               $22.80 per hour
Paul Kingsbury                                    $20.40 per hour
Jude Gardner   -Public Works Super.$2,400.00 per year
Jude Gardner   -Water Dist. System Operator $2,000.00 per year
Loren Laurito -Water Dist. System Operator   $2,000.00 per year
Allison Vento –Water Dist. System Clerk          $2,000.00 per year
John Bell-Lily Dale Sewage WWTP            $15,895.00 per year
Douglas Bunge- Dog Control Officer        $3,300.00 per year
Joshua Cybart-Dog Control Officer          $3,300.00 per year
Tom Battaglia-Recreation Administrator $2,400.00 per year
Todd Langworthy-Town Historian            $1,200.00 per year
Allison Vento -Web Master              $500.00 per year
Allison Vento - Server Backup        $500.00 per year
Marie Biddle-Cleaner                       $275.00 per month

DULY MOVED by Councilman Sedota, seconded by Councilwoman Eckman and carried by a roll call vote:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: AYE
Councilwoman Eckman: AYE

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 Jr. Day 
President’s Day                      Veteran’s Day
Good Friday                            Thanksgiving & Day After
Memorial Day                        Christmas Day
July 4th                                                                                                                                                     Birthday  (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        Twenty (20) Days

DULY MOVED by Councilwoman Eckman, 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 parttime elected officials,
whether elected or appointed, or parttime 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 theplan 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 herein.

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 Councilman Christy, seconded by Councilman Schaeffer 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.

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

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 Councilman Sedota, 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 an original paid invoice.

DULY MOVED by Councilwoman Eckman, 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 Councilman Christy, 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 Councilman Schaeffer, 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 will serve as the posting location for notices as required by law.

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

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .58 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 Councilwoman Eckman, 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 2020, 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.
MEMBERS                 YEAR
Travis Eckstrom          2021
Janet Szymanski          2022
Vacancy                       2023
James Joy-Chairman   2024
Robert Smith               2025
DULY MOVED by Councilman Christy, 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 2020, with each term expiring the second Wednesday in January of the year listed
 below and re-appointment of Ray Lewandowski:

MEMBERS                            YEAR
Ruth Eckstrom                        2021
Michaelene Comerford           2022
Robert Reuther                        2022
Greg Danielson                       2023
David Fridmann-Chairman     2024
Raymond Lewandowski         2025

DULY MOVED by Councilman Schaeffer, 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, 2020.

DULY MOVED by Councilman Sedota, seconded by Councilwoman Eckman 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 Councilwoman Eckman, 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 (workshop) meeting of the Pomfret Town Board will be held
the first Wednesday of each month at the Town Hall, 9 Day Street, Fredonia, New York at 6:30 PM, as needed.

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

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads and remove at his discretion as authorized in the vehicle and traffic law for the year 2020.

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

CEMETERY FEES

TOWN CEMETERIES
Cemetery Lot/Grave                               $625.00
Opening/Closing (Burial)                        $650.00
Cremains Burial                                       $350.00
Grave Opening (Cremation; Sat./Sun./Holidays)    $500.00
Grave Opening (Sat./Sun./Holidays)                         $900.00

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

Foundations: Per Square Inch                           $.65
Minimum               $150.00(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 Councilman Christy, 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, 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 Councilman Schaeffer, seconded by Councilman Sedota and carried.

HIGHWAY SUPERINTENDENT TO PURCHASE OFF OF OTHER MUNICIPALIALITES
Authorization to the Highway Superintendent to accept and purchase highway materials, motor fuels, gravel, stone, black top, binder, and oil from and on other proper authorized municipal bids in municipalities in the County of Chautauqua and surrounding counties in New York State for the year 2020.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Councilman Brett Christy as Chairperson of the Lily Dale Sewer District for the year
2020 at a pay rate of $600.00 and Supervisor Pacos is appointed
Vice-Chairperson, with no financial compensation.

DULY MOVED by Councilman Sedota, 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 2020 at a rate of
$500.00 for the year.

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

SUPERVISOR’S COMMITTEE APPOINTMENTS 

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

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

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

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to adjourn the meeting at 5:37 P.M.  The motion carried.
Respectfully Submitted,

Allison Vento
Town Clerk