January 3, 2022 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 3, 2022 at 5:03P.M.

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Allison Vento
                                                                                  
Councilpersons:       
                                    Councilman Christopher Schaeffer
                                    Councilman Brett Christy

Absent:                       Councilwoman Ann Eckman
                                    Councilman John Sedota
                                 
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)        $16,500(each)
Town Clerk                                         $43,637
Highway Superintendent                     $68,675

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

BOARD OF ASSESSMENT REVIEW 

The following members will continue to serve on the Board of Assessment Review with
their terms expiring as so stated and with the re-appointment of Harry Centner to serve
on the Board of Assessment Review:

Alan Shaw                             9/30/2022
Vacant                                    9/30/2023
Roger Renswick                    9/20/2024
Michaelene Comerford         9/30/2025
Harry Centner                       9/30/2026

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

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

APPOINT DEPUTY TOWN CLERK/DEPUTY TAX RECEIVER 

Town Clerk Vento appoints Ann Renckens as Deputy Town Clerk and Deputy Tax Receiver.

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

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

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

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy and carried unanimously.
APPOINTMENTS AND SALARIES AS FOLLOWS:
Jeanne Ebersole – Assessor         $88,000 per year
*The subject of a multi-municipal shared service agreement
Kathy Ludemann-Assessor Clerk       $17.97 per hour
Board of Assessment Review             $13.40 per hour
Warren Kelly-Code/Inspection Officer $16,727.00 per year
Warren Kelly-Fire Inspector           $5,279.00 per year
James DeJoe-Zoning Officer            $7,436.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Sec.$17.05 per hour
Allison Vento  -Civil Defense Officer     $150.00 per year
Miriam Washington-Court Clerk           $17.30 per hour
Heidi Sobecki- Court Clerk                     $15.25 per hour
Mark Dietzen  -Court Officer                 $16.27 per hour
David Pleszewski-Court Officer            $16.27 per hour
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  $16.55 per hour
Allison Vento -Receiver of Taxes      $6,100.00 per year
Ann Renckens-Deputy Tax Receiver $3,000.00 per year
Jeffrey Passafaro-Town Counsel       $145.00/175.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract   $16,000.00 per year
Ann Renckens-Pomfret Cemetery Sexton $16.55 per hour
Jude Gardner   -Cemetery Maintenance Supervisor  $2,800.00 per year
Dennis Maslak                 $29.99 per hour
Loren Laurito                    $29.41 per hour
Jeff O’Brien (includes $1.00/hr. for Deputy. Highway Superintendent)      $30.30 per hour
David Dunlap           $29.26 per hour
Jeff Abbey                 $24.72 per hour
Paul Kingsbury        $24.72 per hour
Tyler Haynes           $23.48 per hour
Jude Gardner   -Public Works Sup. $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         $15,985.00 per year
John Paul Long- Dog Control Officer   $3,300.00 per year
Jude Gardner-Dog Control Officer       $3,300.00 per year
Todd Langworthy-Town Historian      $1,300.00 per year
Allison Vento -Web Master                  $500.00 per year
Allison Vento - Server Backup             $500.00 per year
Cleaner                                                  $275.00 per month
Kayla Sullivan -Recreation Director   $2,400.00 per year

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

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

Town Hall personnel working a minimum of 35 hours per week
and all HighwayDepartment employees working a minimum of 40 scheduled hours per week be eligiblefor sick leave, paid holidays, personal days, and vacation 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
(2) personal leave days per year.

VACATION
1. No paid vacation allowed during first full year.
2. After completing:
One & 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 Councilman Schaeffer, seconded by Councilman Christy and carried unanimously.

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 annualpremium 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 thepremium 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 Christy, seconded by Councilman Schaeffer and carried unanimously.

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 Christy and carried unanimously.

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 Schaeffer, seconded by Councilman Christy and carried unanimously.
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 Christy, seconded by Councilman Schaeffer and carried unanimously.

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 Schaeffer, seconded by Councilman Christy and carried unanimously.

TOWN DEPOSITORIES

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

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

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 Schaeffer, seconded by Councilman Christy and carried unanimously.

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .585 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 Councilman Schaeffer and carried unanimously.

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 2022, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Janet Szymanski to serve on the Town Planning Board.
MEMBERS                 YEAR
Heather Lesch             2023
James Joy-Chairman   2024
Robert Smith               2025
Travis Eckstrom          2026
Janet Szymanski          2027

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy and carried unanimously.
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 2022, with each term expiring the second Wednesday in January of the
year listed below and re-appointment of Michaelene Comerford:

MEMBERS                            YEAR
Robert Reuther                        2022
Matthew Estep                        2023
David Fridmann-Chairman     2024
Raymond Lewandowski         2025
Ruth Eckstrom                        2026
Michaelene Comerford           2027

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

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, 2022.

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

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 Councilman Christy, seconded by Councilman Schaeffer and carried unanimously.

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 Schaeffer, seconded by Councilman Christy and carried unanimously.

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 2022.

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


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 Schaeffer, seconded by Councilman Christy and carried unanimously.

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 $5,000.00,

NOW THEREFORE BE IT RESOLVED, that the Town Superintendent of Highways be
and is hereby authorized to spend an amount not in excess of
 $5,000.00 for the purchase of
equipment, tools and implements without prior approval of the
board.

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

HIGHWAY SUPERINTENDENT TO PURCHASE OFF OF OTHER MUNICIPALITIES
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 2022.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Councilman Brett Christy as Chairperson of the Lily Dale Sewer District for the year
2022 at a pay rate of $600.00 and Supervisor Pacos is appointed Vice-Chairperson,
with no financial compensation.

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


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 2022 at a rate of
$500.00 for the year.

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

MUNICIPAL COOPERATION AGREEMENT FOR HIGHWAY
PROJECTS & 

MAINTENANCE

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

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

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

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

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

 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 Councilman Christy, seconded by Councilman Schaeffer to approve the Supervisor’s committee appointments. The motion carried unanimously.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy to adjourn the meeting at 5:20P.M.  The motion carried unanimously.


Respectfully Submitted,

Allison Vento
 

December 8, 2021-Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., December 08, 2021 at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                             
                 Supervisor Daniel Pacos
                  Town Clerk Allison Vento
PRESENT:                           

                                             
COUNCILPERSONS:    John Sedota
                                       Brett Christy
                                       Ann Eckman
                                      Christopher Schaeffer

ABSENT:         Town Attorney Jeffrey Passafaro
                        Highway Superintendent Jude Gardner


DULY MOVED by Councilman Sedota to accept the minutes of the November 10, 2021 Public Hearing Minutes-Lily Dale Fire Contract. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 10, 2021 Public Hearing Minutes-SL Fredonia Solar Application. The motion was seconded by Councilman Sedota and carried unanimously.

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #12 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      $19,459.82
General Fund Part Town        $46,896.21
Highway Fund Part Town       $25,406.61
Berry Water District               $22.76
North End Water District        $61.43
Lily Dale Sewer District         $3,768.51
VB Water District                   $84.50
Capital Projects                       $5,309.41

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-12 of 2021 in the amount of $22,257.57 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


DULY MOVED by Councilwoman Eckman to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWWIDE
$1,630 FROM       A9010.8 Employee Benefits State Retirement
            TO              A7620.41Adult Recreation Contractual-Exercise

$2,000 FROM       A5182.4 Street Lighting Contractual
            TO             A1620.4 Buildings Contractual

$2,500 FROM         A5132.2 Garage Equipment
            TO                A3510.4 Animal Control Contractual

$1,000 FROM             A5132.2 Garage Equipment
            TO                   A8810.4 Cemetery Contractual

$5,800 FROM          A1355.4 Assessor Contractual
            TO               A8810.12 Cemetery Personal Services Seasonal

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

HIGHWAY FUND TOWNWIDE
$1,400 FROM             DA9060.8 Employee Benefits Hospital & Medical
            TO                   DA5120.4 Bridges Contractual

DULY MOVED by Councilwoman Eckman to approve the following budget transfers. The motion was seconded by Councilman Christy and carried unanimously.

HIGHWAY FUND OUTSIDE VILLAGE
$5,000 FROM             DB5130.4 Machinery Contractual
            TO                   DB5110.4 General Repairs Contractual

$3,000 FROM             DB5130.4 Machinery Contractual
            TO                   DB5110.41 General Repairs Fuel

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the November 2021 report of monies collected through the Town Clerk’s Office. A total of $5,624.60 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for November 2021 is as follows:
Justice Dietzen Total Cases:70
                        Total Fine & Surcharges: $6,954.00
                        Cases dismissed: 9

                        Justice Cerrie Total Cases: 150
                        Total Fine & Surcharges: $11,828.00
                        Cases dismissed: 30
  • The Historian Report for December 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Town of Pomfret offices will be closed Friday, December 24th, and Friday, December 31st in observance of Christmas Holiday and New Year’s Day.
  • A motion made by Council to appoint Daniel Pacos as voting delegate at the Annual Association of Town’s Meeting, appointing Allison Vento, as voting alternate. The motion was seconded by Council and carried unanimously.
 AUDIENCE COMMENTS
  • Linda Warner, Van Buren Bay Association Consultant, addressed the board regarding changes to the zoning in the Van Buren area. She has requested on behalf of the residents to have the public hearing on said changes be at the end of January or February to ensure proper communication to the residents. It has also been requested of the Town Board to have the option of Zoom available for those who may not be able to attend in person. The Board has taken these into consideration and will keep Ms. Warner apprised of the next steps. Ms. Warner also stated she is very concerned with the safety of the Route 5 and access roads to Van Buren Bay. She has suggested changing the speed limit and/or adding a traffic light. The Town Board stated to her, this is a state highway and the Town does not have authority to make these changes. She was directed to contact local government officials, Andy Goddell, George Borello, and the NYS Department of Transportation.

SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter and execute a contract with the Village of Fredonia and Fredonia Fire Department for fire protection in the Pomfret Fire Protection District Number One. The said contract shall be for a period of three years to commence January 1, 2022 and terminate December 31, 2024. For such fire protection services, the Town shall pay the sum of $418,634.00 in 2022, $410,249.00 in 2023 and $399,396.00 in 2024 The motion was seconded by Councilman Christy and carried by a roll call vote:
Supervisor Steger-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Councilwoman Eckman made the motion to authorize Supervisor Pacos to enter into a one-year agreements for 2022 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,
-Mary E. Seymour Library in the amount of $2,000.00
-Darwin R. Barker Library in the amount of $68,000.00 to be paid in four quarterly payments
-Cassadaga Lakes Association in the amount of $2,000.00 for weed removal.
-Forest Lodge #166 in the amount of $7,200.00 for rental space for the Grape Belt
-a three-year agreement with Fredonia Animal Hospital in the amount of $25.00 per overnight per dog.
The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board has yet to receive the Chautauqua County Referral for the SL Fredonia Solar, for a solar Application for property located at 9824 Rt. 60. The board discussed briefly setbacks and the removal of trees in the project. The board will review and report at next month’s meeting. Councilwoman Eckman stated she is not in favor of how close the project is to property lines and the removal of trees which could act as a buffer.
  • The Board discussed the Zoning and Planning boards recommendations on zoning in the Van Buren Bay area. The Board is going to request clarifications from both boards on some language and inform them of the Town Boards concerns. The Board will also offer to meet via a workshop to discuss these matters.
  • The Town Board received recommendations from Town Attorney Passafaro on setbacks in regards to large solar farms. Councilman Christy stated he would like to see the law stay as written, and make the necessary adjustments per application. Supervisor Pacos will refer these recommendations to the Planning Board for their opinion.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement with Pomfret PV, LLC for the solar farm on Van Buren Road in the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Board discussed the boundaries for the Phase II of the North End Water District. The board has expressed they wish to encompass all property not currently being served with municipal water. Supervisor Pacos will voice this to Eric Weis, Engineer, to finalize the map, plan, and report.
  • The New York State Department of Transportation will be holding a public hearing for the widening of Route 60 new Lakeview Ave. in the Town of Pomfret. Time, date, and location are to be determined.
  • Clarification in regards to the center of the round-a-bout have been made. The Town of Pomfret is now responsible for the center maintenance and structures placed in the center. Councilwoman Eckman is working on securing private funding for a possible sculpture to represent the area.
  • The installation of the columbarium at Forest Hill Cemetery will take place in the spring. Supervisor Pacos, Councilwoman Eckman, and Cemetery Sexton Renckens will determine a pricing schedule and rules and regulations.

COUNCILMAN CHRISTY
  • Mr. Christy reviewed the Request for Proposals for LED street lighting. His recommendation is National Grid as the best option.
  • The street light in Laona is moving forward and in the right direction. He’s concerned with the safety of our highway department maintaining it.

COUNCILMAN SCHAEFFER
  • Mr. Shaeffer met with Mr. James Wilmoth in regards to the dirt section of Christy Road in the Town of Pomfret. He stated he will be in contact with the Town of Arkwright about the Town of Pomfret taking that section over. He’s requesting it be paved before the Town of Pomfret take over the maintenance of the road. Clarification if CHIPS funding would be able to be used for maintenance is being sought.

COUNCILMAN SEDOTA
  • Mr. Sedota has tabled his discussion for fuel options with the highway department until January 2022.

COUNCILWOMAN ECKMAN
  • The payment for the Forest Hill Cemetery Columbarium has been authorized by the Northern Chautauqua Community Foundation in the amount of $46,997.00.


DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting, seconded by Councilman Christy at 7:25P.M. The motion carried unanimously.

Respectfully Submitted,
         
Allison Vento
Town Clerk
 

December 8, 2021-Public Hearing Minutes-Pomfret Fire Protection

            PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday December 08, 2021 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Councilman Brett Christy
                        Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman

ABSENT:      Town Attorney Jeffrey Passafaro
                        Highway Superintendent Jude Gardner
          
Pledge of Allegiance was led by Supervisor Pacos to begin the Public Hearing.

Supervisor Pacos opened the Public Hearing for the purpose of considering a new contract with the Village of Fredonia and the Fredonia Volunteer Fire Department which said contract shall be for the fire protection to POMFRET FIRE PROTECTION DISTRICT NUMBER ONE, upon the following general terms:

The name of the volunteer fire company to answer and attend upon fire calls is the Fredonia Volunteer Fire Department. The contract to be entered into shall be with the Village of Fredonia with the consent of the Fredonia Volunteer Department. The Village shall maintain and operate a fire station containing suitable apparatus and appliances for the purpose of furnishing adequate fire protection. The Village shall insure all of its equipment against all liability and damage. Said contract shall be for a period of three years to commence January 1, 2022 and terminate December 31, 2024. For such fire protection services, the Town shall pay the sum of $418,634.00 in 2022, $410,249.00 in 2023 and $399,396.00 in 2024.

Members of the fire department were present and thanked the Village of Fredonia and the Town of Pomfret for their continued support. They continue to look forward to building the relationship and communication with all parties involved in the contract.

Town Board Members thanked those present for their service and commitment to the community.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to close the Public Hearing at 6:17P.M. The motion carried unanimously.

          
Respectfully Submitted,


Allison Vento
Town Clerk
 

November 10, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., November 10, 2021 at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

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

                                              
COUNCILPERSONS:     John Sedota
                                      Brett Christy
                                      Ann Eckman
                                      Christopher Schaeffer

ABSENT:                   Highway Superintendent Jude Gardner

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

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 27, 2021 Public Hearing Minutes-Proposed Local Law-Tax Cap Override. The motion was seconded by Councilman Sedota. The motion carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the October 27, 2021 Public Hearing Minutes-2022 Preliminary Budget. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 27, 2021 Special Meeting Minutes. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2021 with two additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Fund   Voucher #                   To                                Amount
 A5132.4 47935                          Unifirst                        $133.72
 A1620.4 47933                          Cintas                          $108.92
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $11,060.80
General Fund Part Town        $2,384.86
Highway Fund                        $26,984.15
Highway Fund Part Town       $11,425.94
Berry Water District               $221.96
Chestnut Water District          $198.83
North End Water District        $458.81
Lily Dale Sewer District         $413.71
VB Water District                   $11,180.00
Capital Projects                       $8,182.25

 DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2021 in the amount of $288,599.80 for Chadwick Bay Intermunicipal Waterworks. 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

DULY MOVED by Councilman Christy to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWWIDE
$250    FROM             A7620.4 Adult Recreation Contractual
            TO                   A7620.41 Adult Recreation Contractual-Exercise

$1,475 FROM             A1990.4 Contingent Account
            TO                   A1620.4 Buildings Contractual

$1,000 FROM             A1620.2 Buildings Equipment
            TO                   A1620.4 Buildings Contractual

$5,000 FROM             A5132.2 Garage Equipment
            TO                   A5132.4 Garage Contractual

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

GENERAL FUND OUTSIDE VILLAGE
Modify 2021 adopted budget by increasing Revenue Account B2110 Zoning Fees by $2,000 and by Increasing Expenditure Account B3620.1 Safety Inspection Personal Services by $2,000.
To allow for additional 10 hours per week to be worked thru
 end of year for Inspection Officer.

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the October 2021 report of monies collected through the Town Clerk’s Office. A total of $11,871.40 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for October 2021 is as follows:
Justice Dietzen Total Cases:134
                        Total Fine & Surcharges: $9,308.00
                        Cases dismissed: 24

                        Justice Cerrie Total Cases: 188
                        Total Fine & Surcharges: $11,436.00
                        Cases dismissed: 38
  • The Historian Report for November 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Fredonia Fire Department submitted the reports for September and October 2021. For the month of September, a total of 219 calls with 49 being within the Town of Pomfret. October had a total of 177 calls with 34 being within the Town of Pomfret.
  • The Town of Pomfret offices will be closed Thursday, November 11th-Veterans Day, Thursday, November 25th and Friday, November 26th-Thanksgiving Holiday.
 AUDIENCE COMMENTS
  • Councilwoman Eckman introduced the new Pomfret/Fredonia Recreation Director, Kayla Sullivan. Ms. Sullivan has been with the department for 11 years. She is excited to bring back monthly meetings and activities within the Town of Pomfret. Councilman Sedota will be the liaison for the recreation department, attending monthly meetings as the Town’s representation and report back to the board with any updates or pertinent information.
DULY MOVED by Councilwoman Eckman to confirm the appointment of Kayla Sullivan, 71 Cleveland Ave., Fredonia, as Pomfret/Fredonia Recreational Director at a rate of pay established in the 2021 budget. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Eric Weis, Clark Patterson Lee, addressed the board in regards to the next steps for the North End Water District Phase II. Mr. Weis distributed maps of the potential water lines, financial information, and next steps to be taken to make sure the town is ready to submit for the next round of funding in the spring of 2022.  The Town Board is to discuss and determine how much of Phase II they would like to accomplish, this will be the final step in completing the map, plan, and report. Mr. Weis would also like the board, once determined the areas being serviced, to begin the environmental review part of the process. Most often this is needed to submit grant applications. Key dates mentioned for grant funding are June of 2022 for the WIIA (Water Infrastructure Improvement Act) and August of 2022 USDA-RD.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the Lily Dale Fire Contract in the amount of $30,400.00 for the year 2022. The motion was seconded by Councilman Christy and carried unanimously.
 
  • Councilman Schaeffer made a motion to approve the 2022 Budget with the following rates: Townwide Rate is 4.1252560 ($0.07 increase)
                               Additional Outside Village rate is 4.4582774
                           Total Outside Village is 8.5835334 ($0.00)
The motion was seconded by Councilman Sedota and carried by a roll call vote.
ROLL CALL:
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
  • Councilman Christy made a motion to schedule a Public Hearing for the Pomfret/Fredonia Fire Contract on Wednesday, December 8, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to approve and pay all year end bills for the year 2022. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule the 2022 Organizational Meeting for January 3, 2022, at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Special Use Permit Application of Buffalo Solar for a proposed solar photovoltaic generation facility, with a name plate capacity of 1.09 MW, to be located on property owned by Thomas Peck at 8052 Route 60 pending Code Enforcement Officer, Warren Kelly’s final approval of all site plans and decommissioning plan. The motion was seconded by Councilman Christy and carried unanimously.
  • Town Attorney Passafaro advised the board to carefully review the recommendations by the Pomfret Zoning and Planning boards in regards to zoning in the Van Buren area. The board is to review these and discuss for the December meeting.
  • Lily Dale Water District held a pre-construction meeting on November 3rd. The hope is to begin at the end of the month, pending materials have arrived.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into a 5-G agreement for a shared assessor with the Towns of Pomfret, Hanover, Dunkirk, and Villenova pending final review from Town Attorney Jeffrey Passafaro. The motion was seconded by Councilman Christy and carried unanimously.
  • The ‘Civil Air Patrol’ has requested the use of Forest Hill Cemetery for the ‘Wreaths Across America’ program. This will take place on Saturday, December 18, 2021 at Noon and all public is welcome. A motion made by Councilwoman Eckman to approve the request for use of Forest Hill Cemetery from Civil Air Patrol, seconded by Councilman Schaeffer and the motion carried unanimously.
  • Councilwoman Eckman made a motion to approve the Code Enforcement Officer, Warren Kelly, salary increase for the remainder of 2021 for an additional ten hours per week. The motion was seconded by Councilman Christy and carried unanimously.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report to the board and is on file with the Clerk’s office.
  • The Board has received a draft Host Community Agreement for the Van Buren Solar project. The board is to review for vote at next month’s meeting.
  • The cherub in Barker Commons has been replaced on one of the fountains.
  • The LWRP met and discussed options moving forward. The committee needs to know if the Town of Pomfret is still interested to finish the project. It has been recommended to re-visit previous years plans and discuss.

COUNCILMAN CHRISTY
  • LED street lighting was discussed. The board questioned using ARPA money to do the replacements. Councilman Christy stated based on his calculations there would be around a five-thousand-dollar savings each year.
  • Chautauqua County was contacted in regards to the traffic light in Laona. They are looking at previous legal findings and site lines. The County will report back to Mr. Christy.
  • A safety meeting has been scheduled for December 17th at the Highway Barns. All are welcome to attend.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer addressed the letter submitted by Pomfret Resident, James Wilmoth. He wrote to the board in regards to the condition of a portion of Christy Road, which could potentially be used for the proposed solar project. He stated it’s a dirt road with dust, potholes, and washboard surface. Councilman Schaeffer is going to contact Mr. Wilmoth to discuss and report back to the board.

COUNCILMAN SEDOTA
  • Councilman Sedota stated he would like to look into different fuel options for the highway department. Because Highway Superintendent Gardner was absent, he will discuss at next month’s meeting.

COUNCILWOMAN ECKMAN
  • Festivals Fredonia will be holding their ‘Miracle on Main’ December 4th. All are encouraged to support this festival by attending dancing, live bands, and a sweater contest.
 DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer at 8:00 P.M. The motion carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

November 10, 2021 Public Hearing Minutes-SL Fredonia Solar Application

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 10, 2021 at P.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
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer

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

Town Clerk Vento provided proof of posting and publishing.
                      
The purpose of the Public Hearing is to hear comments from the public to review the revised and amended application of of Rak/Solar Liberty for a proposed solar photovoltaic generation facility, with a name plate capacity of 5 MW, to be located on property owned by Dennis Rak at 9824 New York State Route 60, in the Town of Pomfret.  The property is also known on the tax map as SBL 131.00-1-12.1.

The applicant seeks a Special Use Permit under the Solar Facilities Regulation Law of the Town of Pomfret.  They also seek variances to certain requirements therein.  The proposed project is a ground mounted system consisting of approximately 15,600 solar modules and 40 inverters capable of producing approximately 5 MW.

Audience Concerns:
  • Nathan Rizzo, Solar Liberty, addressed the board with site plans and information in regards to the proposed project. The property owner has an easement for access to the project which has been in place for many years. The board questioned set backs from other property lines as well as transmission line placement.

With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Christy, to close the hearing at 6:21P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

November 10, 2021 Public Hearing Minutes-Lily Dale Fire Contract

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 10, 2021 at 6:21P.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 for the purpose of the 2022 Lily Dale Fire Contract.  The purposed amount for the 2022 contract is $30,400.00.
Town Clerk Vento provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2022 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 $30,400.00 for the terms of this contract to be paid on or before April 1, 2022. 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, 2022 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2022 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:
-None-
With no additional comments or concerns by the public, a motion was made by Councilman Schaeffer, seconded by Councilman Christy to close the public hearing at 6:22 P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, Town Clerk
 

October 27, 2021 Public Hearing-Local Law-Tax Cap Override

PUBLIC HEARING of the Town of Pomfret held Wednesday, October 27, 2021, at 5:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Counsel Jeffrey Passafaro
                      
COUNCILPERSON:
                                     Councilman John Sedota
                                     Councilman Christopher Schaeffer
                                     Councilwoman Ann Eckman

ABSENT:                  Councilman Brett Christy
                       
Supervisor Daniel Pacos called the public hearing to order and recited the Pledge of Allegiance

The Town Clerk produced proof of posting and publication.

The purpose of this public hearing is to hear public comment on proposed a local law to override the tax cap limit for the budget year of 2022.

Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2022 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

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

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2022 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

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

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
 
  • Supervisor Pacos stated this local law is needed because of the debt service for the new Lily Dale Water District. This debt service is only affecting those within the Lily Dale Water District. Town Attorney Passafaro also stated this is generated by the NYS Comptroller’s office and its interpretation of the budget as a whole.

Public Comments:
  • A resident from the Town of Pomfret asked the purpose of the tax cap override and what it meant. Supervisor Pacos stated this is because of the Lily Dale Water District and will only be affecting the tax bills of those within the Lily Dale Water District.

With no further public comment the public hearing was closed at 5:05P.M. by motion of Councilwoman Eckman and seconded by Councilman Schaeffer and carried unanimously.


Respectfully submitted,


Allison Vento
Town Clerk



                      


                      
                      
 

October 27, 2021 Public Hearing-2022 Preliminary Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, October 27, 2021 at 5:05P.M. at the Town Hall, 9 Day Street, Fredonia, New York.

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

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

The Public Hearing is being held for the purpose of the 2022 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2022 Preliminary Budget reflects a town wide rate of 4.1252560, a 0.07 increase with additional outside Village Rate of 8.5835334 or 0.00 increase. Councilman Sedota stated these rates are significantly lower than the purposed tentative budget. The board worked very hard to keep the tax rates as low as possible while maintaining services to the residents of the Town of Pomfret.  This budget also reflects monies being allocated to the Pioneer Cemetery wall maintenance and a shared assessor and assessor clerk with four additional towns.
                                                                                                    
With no questions, comments or concerns from the public, a motion made by Councilman Schaeffer seconded by Councilman Sedota to close the public hearing at P.M. 5:08P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Town Clerk


                       
 

October 27, 2021-Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:09P.M. October 27, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

COUNCILPERSONS:         
Christopher Schaeffer
John Sedota
Ann Eckman

ABSENT:       Brett Christy

The purpose of this Special Meeting is to conduct any lawful business before the Pomfret Town Board following two public hearings.

SUPERVISOR PACOS
  • Councilman Sedota made a motion to approve Local Law #3 of 2021-Tax Cap Override. The motion was seconded by Councilwoman Eckman and carried unanimously.
Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2022 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

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

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2022 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

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

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. 
  • Councilwoman Eckman made a motion to approve the contract with Coldspring Granite Company of Cold Spring, MN for a 96 Niche Columbarium at Forest Hill Cemetery in an amount not to exceed 45,997.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the following NYS Retirement Resolution. The motion was seconded by Councilman Sedota and carried unanimously.

 DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to adjourn the Special Town Board Meeting at 5:13P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

October 13, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., October 13, 2021 at the Lily Dale Fire Company, East Street, Lily Dale, N.Y. 14752.

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

                                              
COUNCILPERSONS:           John Sedota
                                                Brett Christy
                                                Ann Eckman
                                                Christopher Schaeffer
                      
The Pledge of Allegiance was recited to begin the regular town board meeting.
Supervisor Pacos thanked the Lily Dale Assembly and Lily Dale Fire Department for hosting the regular town board meeting.

DULY MOVED by Councilwoman Eckman to accept the minutes of the September 8, 2021 Public Hearing Minutes-Peck Solar Application. The motion was seconded by Councilman Christy. The motion carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the
September 8, 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 October 4, 2021 Special Meeting Minutes of the Town Board. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2021 with additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Additions
Fund         Voucher #                   To                                Amount
General Fund   6                      Jeff Passafaro Esq       $2,889.00
Chestnut Water  47896       Village of Fredonia     $137.99
Van Buren Water  4          Jeff Passafaro Esq.      $42.50
Capital Projects     5         Jeff Passafaro Esq.      $561.00                     
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $20,280.61
General Fund Part Town        $6,784.17
Highway Fund                        $4,345.51
Highway Fund Part Town       $89,772.80
Berry Water District               $7,570.54
Chestnut Water District          $2,427.80
North End Water District        $25,151.31
Lakeview Sewer District        $53.42
Lily Dale Sewer District         $5,225.93
Rt. 20 Sewer District              $192.35
Rt. 20 Water District               $64.47
Rt. 60 Sewer District              $2,966.83
Rt. 60 Water District               $3,158.13
Van Buren Water District       $6,062.50
Sewer District 1                      $1,530.00
Sewer District 2                      $1,246.10
Capital Projects                       $201,811.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2021 in the amount of $58,151.06 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 September 2021 report of monies collected through the Town Clerk’s Office. A total of $12,116.60 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for September 2021 is as follows:
Justice Dietzen Total Cases:161
                        Total Fine & Surcharges: $11,999.00

                        Justice Cerrie Total Cases: 150
                        Total Fine & Surcharges: $9,267.00
  • The Historian Report for October 2021 has been distributed to the board and it is on file in the Clerk’s office. The Lafayett Trail, Inc. provides historical markers for ‘Lafayette’s Tour” of America. The Town of Pomfret qualifies for a marker in this program. The organization would incur the costs of making the marker and it asked that the Town of Pomfret be in charge of the installation. The historian has asked the board for a suitable location and if we would be able to find a suitable donor. After a brief discussion the board noted Barker Commons would be a suitable location if SHPO approves of the installation. The Highway Department would be available to place the marker.

AUDIENCE COMMENTS
  • Ryan Reitz, E&M Engineers, addressed questions from Lily Dale residents present in the audience. Mr. Reitz gave a brief overview of the water district funding, contractor, and timeline. A start date is not yet available due to material shortages. He assured residents the contractors will communicate with all the timing of the project beginning and also of any road closures in advance. Prior notice of road closures will be given so residents can plan accordingly. With the addition of water lines, the roads will also be paved and be ready for the 2022 season- construction and weather permitting. He also informed the residents they are responsible to install the water line from their homes to the right of way. It is their discretion who they use for this installation. It is encouraged to be proactive with this part of the work so it’s complete when they are ready to turn off the old water system and connect to the new. The Town Board stated the importance of understanding the new billing once the project is complete. Each residence will be billed based on meter usage for water and sewer. This usage will be read by the Pomfret Highway Department through radio frequency. No access is necessary to the homes to record this read each quarter.

SUPERVISOR PACOS
  • Councilman Christy made a motion to schedule a Public Hearing for the 2022 Lily Dale Fire Contract on November 10, 2021 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The 2022 purposed amount is $30,400.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the purposed local law to override the tax cap on November 10, 2021 at 6:20P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Preliminary 2022 Budget on October 27, 2021 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to amend her former motions to reflect a Public Hearing for the proposed local law to override the tax cap to October 27, 2021 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia and the Public Hearing for the Preliminary 2022 Budget to October 27, 2021 at 5:05P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to schedule a Special Meeting for the Pomfret Town Board on October 27, 2021 at Pomfret Town Hall, 9 Day Street, Fredonia, immediately following the Public Hearings for the purpose of any lawful matters before the Town Board. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Schaeffer made a motion to declare negative declaration on SEQR for the salt facility repairs. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made the motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried by roll call vote.
ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
A BOND RESOLUTION, DATED OCTOBER 13, 2021, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT CONSISTING OF THE CONSTRUCTION OF A SALT STORAGE FACILITY LOCATED ALONG CHAUTAUQUA ROAD  IN THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $258,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $258,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) has determined to undertake a capital improvements project consisting of the construction of a salt storage facility located along Chautauqua Road in the Town.

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 capital improvements project consisting of the construction of a salt storage facility located along Chautauqua Road in the Town, such work to generally consist of (but not be limited to) the construction of a new salt storage shed with precast concrete lower walls and an open steel arch structure to provide salt and sand storage for the Town, as well as other such improvements as more fully identified in (or contemplated by) one or more reports prepared by Clark Patterson Lee, including all preliminary work and necessary equipment, materials and related site work, and any preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”).  The estimated maximum cost of the Purpose is $258,000. 

SECTION 2.  The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $258,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received including, but not limited to, a Water Quality Improvement Project (WQIP) Grant from the New York State Department of Environmental Conservation (NYSDEC) in the approximate anticipated amount of $193,125.  Unless paid from other sources or charges, there shall annually be levied on all the 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 3.   It is hereby determined that the Purpose is an object or purpose described in subdivision 11(a) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 30 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 such bonds.

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution is expected to 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 will 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, there will annually be levied on all the 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.  The 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 14.  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 15.  The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:

1.         (a)        such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
                                    (b)        the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
                        2.         such obligations were authorized in violation of the provisions of the Constitution of New York.

SECTION 16. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.
SECTION 17. If no petitions are filed in the permissive referendum period, 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 the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.
  • Supervisor Pacos informed the board they are not prepared or set up to apply for funding this round for the North End Phase II project. New York State gave a very short timeframe to have documents submitted. The map, plan, and report are being finalized by Clark Patterson Lee and Supervisor Pacos as advised Clark Patterson Lee to be ready for the next round of funding.
  • Councilwoman Eckman made a motion to authorize the request of Festivals Fredonia to use Forest Hill Cemetery on October 15th and 16th, 2021 from 5:00P.M. to midnight for the Harvest Moon Cemetery Tours. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to authorize the installation of six-inch clay sewer line which runs down the south side of South Street in Lily Dale at a cost not to exceed $3,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • NYS Parks, Recreation and Historic Preservation has scheduled a Public Hearing on November 8, 2021 at 7:00P.M. via zoom for the consideration of making Lily Dale Assembly a Historic District. These registers are the official lists of properties which are significant in history, architecture, engineering, landscape design, and culture.
  • Councilman Christy made a motion to ratify the September 8, 2021 motion approving the Van Buren Solar Project pending Chautauqua County SEQR determination based on the determination sent to the Town of Pomfret from the Chautauqua County IDA declaring a negative declaration on the solar project, to approving the Special Use Permit for a solar farm at 4545 Van Buren Road, Fredonia. The motion was seconded by Councilwoman Eckman and carried. Councilman Sedota opposed.
  • Supervisor Pacos reminded the board of a Public Hearing scheduled for November 10, 2021 at 6:00P.M. for the SL Fredonia Solar Application located at 9824 Rt. 60 Fredonia.
  • The Pomfret Zoning and Planning boards issued recommendations to the board regarding zoning changes in R3 located along Route 5, Dunkirk, known as the Van Buren Bay area. The board is to review the document and report to Attorney Passafaro at next month’s meeting so the items can be made in proper form to amend the local zoning law.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report for the month of September. It is on file with the Town Clerk.
  • Supervisor Pacos reported the draft fire contract has been distributed to both the Town Attorney and Village of Fredonia Attorney.

COUNCILMAN CHRISTY
  • Councilman Christy held a safety meeting with the highway department. The meeting went extremely well with open dialogue. The next safety meeting will be held December 17, 2021 at 12:00 noon. All Pomfret employees and board members are welcome to attend.
  • Mr. Christy asked Town Attorney Passafaro the guidelines to removing a traffic light within the Town of Pomfret. Mr. Christy stated the traffic light in Laona is redundant because of the four-way stop. Jude Gardner was asked to look at the DOT manual and report back to the board for next month. Mr. Christy will also reach out to the County of Chautauqua as that intersection is two county roads.

COUNCILMAN SCHAEFFER
-none

COUNCILMAN SEDOTA
  • Councilman Sedota and Councilman Schaeffer are keeping the library contract on the radar and will approach the Village of Fredonia.

COUNCILWOMAN ECKMAN
  • Festivals Fredonia is holding their annual Harvest Moon Cemetery Tours on October 15th and 16th at the Forest Hill Cemetery from 5:00P.M. to Midnight.
  • Councilwoman Eckman visited briefly the seniors at the Grape Belt Senior Center at the Masonic Lodge and reported everyone is doing well.
  • The Fredonia Opera House is still conducting its full schedule. She encourages all to utilize the marquee and the ‘jewel’ within our village.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The September work report was distributed to the board.
  • Councilman Christy made a motion to authorize the Highway Superintendent to spend an additional amount of $1,390.00 for the ‘squash pipe’ -66 x 51 galvanized, 12 Gage 5 x 1 Corr. Pipe. (Original cost of $8,220.25). The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to approve the hire of Andy Hamlet, 2721 Main Rd., Sheridan at minimum wage not to exceed 35 hours per week as seasonal cemetery help. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • TOWN ATTORNEY PASSAFARO
  • The Town Attorney and Town Assessor are continuing to speak about the two tax cases before the Town of Pomfret.

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

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

October 4, 2021 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. October 4, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
               Supervisor Daniel Pacos
               Town Clerk Allison Vento

COUNCILPERSONS:         
             Christopher Schaeffer
             Brett Christy
             John Sedota
             Ann Eckman
          
The Pledge of Allegiance of the Flag was recited to begin the Special Meeting.

The purpose of this Special Meeting of the Pomfret Town Board is for the Town Clerk to present the 2022 Tentative Budget to the board and any other lawful business before the board.
 
  • The Town Clerk presented the Tentative 2022 Budget to the Town Board.
Supervisor Pacos noted the 2022 Tentative Budget reflects a town wide rate of 4.2353102, increase of 0.18 and outside Village rate of 4.4289985, Total Outside Village Rate of 8.6643087, an increase of 0.08. The total budget has a $347,951.00 increase. This increase is 5.19% The Lily Dale Water District debt service makes up 3.49% of that increase. The tax cap limit is $1,355,102.00. The 2022 budget is $1,468,909.00 for an overage of $113,807. The Town Board will have to adopt a local law to override the tax cap for the 2022 fiscal year.
 
  • The Pomfret Town Board accepts the advice of the engineer’s recommendation that the highway roof is a Type 2 project-repairs and no further SEQR is required.
  • Supervisor Pacos made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
A BOND RESOLUTION, DATED OCTOBER 4, 2021, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT CONSISTING OF THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO THE TOWN’S HIGHWAY GARAGE (PRIMARILY ROOF REPLACEMENT), AT AN ESTIMATED MAXIMUM COST OF $210,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $210,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) has determined to undertake a capital improvements project consisting of the reconstruction of and construction of improvements to the Town’s Highway Garage (primarily roof replacement); and  

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 capital improvements project consisting of the reconstruction of and construction of  improvements to the Town’s Highway Garage building located at 9636 Chautauqua Road, Fredonia, New York (primarily roof replacement) such project to include, but not be limited to the removal of the existing membrane roofing system and installation of a new membrane roofing system, as well as other such improvements as more fully identified in (or contemplated by) one or more reports prepared with the assistance of Clark Patterson Lee, including all preliminary work and necessary equipment, materials and related site work, and any preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”).  The estimated maximum cost of the Purpose is $210,000.   

SECTION 2.  The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $210,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received.  Unless paid from other sources or charges, there shall annually be levied on all the 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 3.   It is hereby determined that the Purpose is an object or purpose described in subdivision 12(a)(1) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 25 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 such bonds.

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution is expected to 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 will 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, there will annually be levied on all the 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.  The Town has determined that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) are required.

            SECTION 14.  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 15.  The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:

1.   (a)        such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
     (b)          the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
                        2.Such obligations were authorized in violation of the provisions of the Constitution of New York.
SECTION 16. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.
SECTION 17. If no petitions are filed in the permissive referendum period, 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 the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.
 
  • Councilman Christy made a motion to change the venue for the October 13, 2021 Regular Town Board Meeting to the Lily Dale Fire Hall, Lily Dale, New York at 6:30P.M. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota to adjourn the Special Town Board Meeting at 5:14P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

September 8, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., September 8, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                             
COUNCILPERSONS:      John Sedota
                                        Brett Christy
                                        Ann Eckman
                                       Christopher Schaeffer
                     

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

DULY MOVED by Councilman Christy to accept the minutes of the August 11, 2021 Public Hearing Minutes-VB Solar #2. The motion was seconded by Councilman Sedota. The motion carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the
August 11, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer. The motion carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the September 1, 2021 Special Meeting Minutes of the Town Board. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #9 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      $12,407.29
General Fund Part Town        $411.12
Highway Fund Part Town       $7,520.24
Berry Water District               $23.09
North End Water District        $70.77
Lily Dale Sewer District         $3,026.94


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #29 of 2021 in the amount of $137,071.99 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Council 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 Councilman Schaeffer to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWNWIDE
$500    FROM             A1990.4          Contingent Account
            TO                   A1420.4          Attorney Contractual

$2,825 FROM             A1990.4          Contingent Account
            TO                   A1910.4          Special Items Unallocated Insurance

HIGHWAY FUND TOWNWIDE
$300    FROM             DA5140.4       Misc. Brush & Weeds Contractual
            TO                   DA5120.4       Bridges Contractual

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the August 2021 report of monies collected through the Town Clerk’s Office. A total of $17,034.95 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for August 2021 is as follows:
Justice Dietzen Total Cases:265
                        Total Fine & Surcharges: $20,925.00

                        Justice Cerrie Total Cases: 201
                        Total Fine & Surcharges: $13,844.00
  • The Historian Report for September 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Fredonia Fire Department gave their July and August monthly reports. A total of 159 calls with 28 being within the Town of Pomfret were answered in July. A Total of 153 calls with 39 being within the Town of Pomfret were answered in August. The report is on file with the clerk.

AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS
  • Supervisor Pacos congratulated Town Clerk Vento for achieving her Master Municipal Clerk designation from the International Institute of Municipal Clerks.
  • Councilman Schaeffer made a motion to schedule a Special Meeting on October 4, 2021 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of the Town Clerk to present the Tentative 2022 Budget and any other lawful business before the board. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to schedule the following as ‘Pomfret Board Budget Workshops’ at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously:
-October 6, 2021   @ 5:00P.M.
-October 20, 2021 @5:00P.M.
-October 25, 2021 @5:00P.M.
-October 27, 2021 @5:00P.M.
  • The Town Board received the referral letter from Chautauqua County Department of Planning and Development for the Special Use Permit for Solar Array at 8052 Rt. 60. The letter states it’s a matter of local concern. Supervisor Pacos will ask Warren Kelly, Code Enforcement Officer, to speak with the engineers about the following items recommended by the County Planning Department.
-Visual Impacts
-Decommissioning and Surety plan
-Agricultural Considerations
  • Councilman Schaeffer made a motion to approve the Pomfret Town Board as Lead Agency for the SEQR for the Solar Application by Thomas Peck at 8052 Rt. 60 Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Purpose of the Solar Application made by SL Fredonia, LLC at 9824 Rt. 60 Fredonia on November 10, 2021 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to approve the hire of Heidi Sobecki, 125 E. Main St., Brocton at a rate of $15.25 per hour not to exceed 35 hours per week. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to accept the quote from Gugino Plumbing & Heating, Inc. in the amount not to exceed $15,500.00 for the installation of (2) Trane rooftop units with removal and disposal of (2) existing rooftop units, setting new units on roof with crane, reconnect supply and return ducts, electric, gas, re-use existing thermostats, start-up and test operation. This quote includes 1-yr labor, 5-yr compressor, and 10-yr heat exchanger warranty on the Trane rooftop units. The motion was seconded Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to go to bid for the placement of a columbarium at Forest Hill Cemetery. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to accept the resignation, with regret, of Susan Graves, Pomfret Court Clerk, affective September 24, 2021. The motion was seconded by Councilwoman Eckman and carried unanimously. The board thanked Ms. Graves for her 20 years of service to the Town of Pomfret.
  • Councilman Schaeffer made a motion to accept the resignation of Thomas Battaglia, Pomfret Recreation Director, affective September 12, 2021 with regret and thanks. The motion was seconded by Councilman Christy and carried unanimously. The board thanked Mr. Battaglia for his time with the Town.
  • The Town of Pomfret received from NY Department of State the 2020 census numbers. The total population for the Town of Pomfret is 13,035. This number has decreased by 12.9% from the 2010 census.
  • Code Enforcement Officer, Warren Kelly, has submitted his August monthly report. It is on file with the Clerk.
  • The Chautauqua County IDA has scheduled a Public Hearing for September 16, 2021 at 10:00A.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the financial assistance for the Solar Project located at 4545 Van Buren Rd., Fredonia. Supervisor Pacos reminded the board and public this hearing is for the financial piece of the project.
  • Supervisor Pacos made note the approval of any solar project in the Town of Pomfret is potentially approved and reviewed based on the zoning laws and requirements and follows the process for such projects.
  • Supervisor Pacos met with the Village of Fredonia regarding the contract for fire protection. The revised contract was given to the Village and he is waiting for their response.

COUNCILMAN CHRISTY
  • Councilman Christy met with the Fredonia Fire Department. He is pleased to report the department has six new members. The department also received a grant for equipment and internal members have been installing a cleaning and drying room for equipment. Councilman Christy stated the department has expressed their want to be involved with the contract negotiations with the town and village. Mr. Christy noted it’s important to keep the contract with the municipalities while numbers are being worked out before involving the fire department. He reiterated to the members of the department the contract is not about the level of service being provided but rather working on the numbers for the town in what is paid within their budget.
  • The Fredonia Fire Department is holding a 9/11 Memorial Service on Saturday, September 11, 2021 from 10:00-12:00P.M. at the fire hall. All are welcomed and encouraged to attend.
  • Mr. Christy has met with Highway Superintendent Gardner regarding holding safety classes and updating the employee handbook within the highway department. The safety classes will be held quarterly throughout the year and bring awareness and education to the department. The first two meetings are scheduled for Friday, September 17, 2021 from 7:00-7:30P.M. and Friday, December 17, 2021 from 12:00-12:30P.M. All town employees are welcome to attend.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer reported to the board data he obtained from the Darwin R. Barker Library regarding their working budget. The Town of Pomfret contributes 24% of their budget or $68,000.00 per year. The Village of Fredonia contributes $45,000.00 per year. The Village of Fredonia has 3,527 individuals with cards and the Town of Pomfret having 986 individuals with cards.

COUNCILMAN SEDOTA
  • Councilman Sedota asked the board if it is appropriate to request a meeting with Village of Fredonia officials on their library contributions. He understands their budget is done for this year, but moving forward he would like to see a more evenly distributed amount of money based on data reported and usage by Village of Fredonia residents.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman encouraged all to attend the annual Red, White, & Blues Festival within the Village of Fredonia on September 10th and 11th. The festival kicks off on Friday at the Fredonia American Legion. Water Street will be closed on Saturday for the festival as the upgrades to Barker Commons are still underway. This is a great highlight of our area and hopes to see great participation.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The August work report was distributed to the board.
  • Stone Road and the upper section of Seymour Rd. have been paved.
  • Councilman Christy made a motion to authorize Highway Superintendent Gardner to purchase a ‘squash pipe’ -66 x 51 galvanized, 12 Gage 5 x 1 Corr. Pipe in an amount not to exceed $8,220.25 from Jamestown Macadam, Inc. off County of Chautauqua bid. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Arkwright Windfarm, to use a portion of Straight Rd., within the Town of Pomfret to transport a windmill blade, with proper certificate of insurance provided. The motion was seconded by Councilman Christy and carried unanimously.

TOWN ATTORNEY PASSAFARO
  • The Assessor and Attorney have been in touch in regards to three Article 7 cases filed with the Town of Pomfret. Town Attorney Passafaro will report to the board as the cases develop.

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

Respectfully Submitted,
         
Allison Vento
Town Clerk
 

September 8, 2021-Public Hearing-Peck Solar Application

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 8, 2021 at 6:00P.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
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                      
The purpose of the Public Hearing is to hear comments from the public regarding the application submitted by Buffalo Solar for a proposed solar photovoltaic generation facility, with a name place capacity of 1.09 MW, to be located on property owned by Thomas Peck at 8052 Rt. 60. The property is also known as SBL 182.13-1-24

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 consisting of approximately 2, 484 solar modules and inverters with a single point of interconnection.

Audience Concerns:
-None

With no further public comments, a motion made by Councilman Schaeffer, seconded by Councilwoman Eckman, to close the public hearing at 6: 11P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

September 1, 2021 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. September 1, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

COUNCILPERSONS:         
Christopher Schaeffer
Brett Christy
John Sedota

ABSENT:       Ann Eckman

          
The Pledge of Allegiance of the Flag was recited to begin the Special Meeting.

The purpose of this Special Meeting of the Pomfret Town Board is for contract bid award for the Lily Dale Water District.

DULY MOVED by Councilman Schaeffer to authorize Supervisor Pacos to enter into a contract with E & R General Construction, Inc in an amount not to exceed $2,490,242.00 for the Lily Dale Water District Improvements Project. The motion was seconded by Councilman Sedota and carried unanimously.

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

DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer to adjourn the Special Town Board Meeting at 5:05 P.M. The motion was carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

August 11, 2021 Public Hearing Minutes-VB Solar (PH #2)

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, August 11, 2021 at 5:45P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:      Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer (entered at 5:55P.M.)

ABSENT:        Town Attorney Jeffrey Passafasro

Town Clerk Vento provided proof of posting and publishing.
                      
The purpose of the Public Hearing is to hear comments from the public regarding to review the revised and amended application of 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.   The project is 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.

John Reagan, RIC Development, presented to the board again and audience, the changes which have been made to accommodate the residents’ concerns with the project. The changes requiring this second public hearing are:
-Increased setbacks to 200 ft.
-Keeping 95-100 feet of existing vegetation
-Adding a pollenating garden
-Moving one transformer away from a property line
-Updated the visual analysis from Van Buren Road showing the utility poles
-Modified the Operation and Maintenance to include Town inspections of the drainage, ditches, and landscaping.

Audience Concerns:
  • Zenon Olow, 23 Bernett Dr., stated his concern is with the visibility of the project from the second story of 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.
  • Charles Civiletto addressed Mr. Reagan in regards to the location of the project to his property and who is responsible for the cleaning and clearing of the ditch. One of the engineers on the project addressed his concern stating the water run off will be less than what has been calculated now. While trees will be removed, there will be placement of dense meadow grass which will decrease the amount of water runoff. There will be no impact on Mr. Civiletto’s property.
  • Mark Twitchell stated he reviewed the application and the Pomfret Solar Law and states the two documents do not match up. He inquired about the Environmental Impact Statement and the noise decibel level for the project. Supervisor Pacos stated the County of Chautauqua is the lead agency for the SEQR and at that time of their review the Environmental Impact Statement will be completed. Mr. Reagan stated the decibel level will be between 62-63 at the unit. The last item Mr. Twitchell commented on was the decommissioning plan. It was stated the plan will be in place as required by the Town Board and will include removal of all equipment and the property returned to its original state after the life of the project.

With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Christy, to close the hearing at 6:41 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

August 11, 2021 Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:41 P.M., August 11, 2021 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:        John Sedota
                                          Brett Christy
                                          Ann Eckman
                                          Christopher Schaeffer
                      
ABSENT:          Town Attorney Jeffrey Passafaro

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

DULY MOVED by Councilman Sedota to accept the minutes of the
July 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 #8 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      $70,767.54
General Fund Part Town        $467.57
Highway Fund Part Town       $15,264.39
Berry Water District               $339.17
Chestnut Water District          $316.00
North End Water District        $396.35
Rt. 60 Sewer                           $2,577.21
Rt. 60 Water                            $2,855.04
Lily Dale Sewer District         $342.54
Capital Projects                       $10,184.08
VB Water                                $7,740.00
 DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #28 of 2021 in the amount of $141,419.88 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 July2021 report of monies collected through the Town Clerk’s Office. A total of $14,761.00 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for July 2021 is as follows:
Justice Dietzen Total Cases:96
                        Total Fine & Surcharges: $11,920.00

                        Justice Pulci Total Cases: 288
                        Total Fine & Surcharges: $18,893.00
  • The Historian Report for July 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Fredonia Fire Department gave their June monthly report. A total of 138 calls with 36 being within the Town of Pomfret were answered. The report is on file with the clerk.
  • The Town of Pomfret Clerk’s Office has licensed 361 new dogs since July 6th collecting $3,088.00. The total cost of the enumeration was $2,376.66.
  • Town Clerk Vento informed the board the option to pay for water/sewer bills online has been implemented and working smoothly. This was up and running for this quarter’s payments.
  • Town Clerk Vento and Deputy Clerk Renckens received a scholarship in a total amount of $100.00 from the Chautauqua County Municipal Clerks Association for attending the New York State Town Clerks Association Virtual Conference in April.
  • Town Clerk Vento received a $400.00 scholarship from the New York State Town Clerks Association for her Master Municipal Clerk Training which was attended in July virtually.

AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS
  • Councilman Sedota made a motion to approve the Van Buren Solar project final application with amendments of increased setbacks to 200 ft., keeping 95-100 feet of existing vegetation, addition of pollenating garden, replacement of a transformer, the updated visual assessment from Van Buren Road, and modified Operation and Maintenance to include Town inspections of drainage, ditches, and landscaping submitted by RIC Development pending the County SEQR determination to a vote by the Pomfret Town Board. The motion was seconded by Councilwoman Eckman and carried by roll call vote.
ROLL CALL:
Councilman Sedota: NO
Councilwoman Eckman: AYE
Councilman Christy: AYE
Councilman Schaeffer: AYE
Supervisor Pacos: AYE
  • Supervisor Pacos and Ryan Reitz, E&M Engineer, opened the bids for the Lily Dale Water District Project. All bids had a 5% bid bond. The bids were turned over to E&M Engineers for their review and will report back to the board with their recommendation.
1). St. George Enterprises-                             $3,424,070.45
2). H&K Services-                                          $3,626,134.00
3). Catco-                                                        $3,186,425.71
4). New Frontier Excavating & Paving          $2,697,685.00
5). E&R General Construction                       $2,487,272.00
 
  • A letter of request for a participation in a community forum from Susan Parker was received. This forum is for the legalization of marijuana. The event is scheduled for early September.
  • Supervisor Pacos made a motion to approve a reduction in the water bill for account #800, Randy Albrecht, located at 9314 Rt. 60, Fredonia in the amount of $338.59 due to not being able to reliably determined where a water leak originated and has been remedied by the placement of a new water meter for proper functioning so the issue does not re-occur. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to accept the appointment from the New York Court System of Michael Cerrie for the vacancy of Pomfret Justice created by a resignation of Anthony Pulci. The appointment is effective August 1, 2021 with a rate of pay established in the 2021 budget. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to appoint Jude Gardner, 9 Georges Place, Fredonia to the position of Pomfret Dog Control Officer at a rate of pay established in the 2021 budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the amended contract with Municipal Solutions for the submission of an application for a Water Quality Improvement Program grant for the construction of a salt barn at the highway department at a cost not to exceed $148.00 per hour with a minimum fee of $4,500 plus expenses. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Memorandum of Understanding (MOU) to complete the grant application process for the Climate Smart Communities Program for the Join Comprehensive Plan with the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the contract with Municipal Solutions for the comprehensive planning project preparation and submission of a Climate Smart Planning Grant though the Consolidated Funding Application process at a cost not to exceed $148 per hour plus expenses. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Christy made a motion to schedule a Public Hearing for the purpose of the Thomas Peck Application for a 1.09MW solar system located at 8052 Rt. 60, Cassadaga, N.Y. on September 8, 2021 at Pomfret Town Hall, 9 Day Street, Fredonia at 6:00P.M. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Pomfret Town Board received requests to change zoning on Route 5 in Van Buren from the Pomfret Zoning Board. The board decided after a brief discussion these recommendations should come from the Pomfret Planning Board. The information will be passed to the planning board and will wait for their suggestions.
 COUNCILMAN CHRISTY
  • Councilman Christy met with the Village of Fredonia and the Fredonia Fire Department in regards to the Pomfret Fire Protection contract. The Fire Department stated they are pleased these negotiations have begun. The department is still seeking input on ideas to recruit volunteer involvement with the fire department.
 COUNCILMAN SCHAEFFER
  • Mr. Schaeffer has requested the Darwin R. Barker Library submit their budget. Supervisor Pacos asked for a breakdown of the village contribution and also inquired about a census of users at the library. Councilman Schaeffer and Councilman Sedota will approach the Village of Fredonia about their budget for the library.
 COUNCILMAN SEDOTA
  • Mr. Sedota thanked the Observer for posting an article about dog walking in the Town of Pomfret cemeteries.
  • Clarification on why Councilman Sedota voted ‘NO’ on the Van Buren Solar project earlier was given. Councilman Sedota stated he is not in favor of cutting down tress for solar farms. He also has concerns about the value of the land within the Town of Pomfret.
 COUNCILWOMAN ECKMAN
  • Mrs. Eckman stated she has been in contact with the Grape Belt Seniors and all is going well. She stated the participants are enjoying seeing each other.
  • The Opera House is moving forward with shows and encourages all to attend.
 HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July work report was distributed to the board.
  • Lamberton Road shoulders have been completed.
  • The Highway Department will be paving Stone Rd. with CHIPS money before the end of the year. At this time they will work on the barns parking lot as well.
  • The Valvo has been repaired. The truck was picked up and delivered using shared services with Chautauqua County.

TOWN ATTORNEY PASSAFARO
-No Report-

DULY MOVED by Councilwoman Eckman to close the Regular Town Board Meeting, seconded by Councilman Christy at 7:45P.M. P.M. The motion carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

July 14, 2021 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., July 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
June 9, 2021 Public Hearing-VB Solar Project. The motion was seconded by Councilman Christy. The motion carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the June 9, 2021 Public Hearing-Battery Storage Energy Systems proposed Local Law. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the
June 9, 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 #7 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      $22,139.46
General Fund Part Town        $1,230.06
Highway Fund Town Wide    $944.01
Highway Fund Part Town       $19,284.13
Berry Water District               $6,967.04
Chestnut Water District          $1,688.88
North End Water District        $22,852.34
Lakeview Sewer District        $48.60
Rt. 20 Water                            $55.36
Rt. 20 Sewer                           $161.81
Lily Dale Sewer District         $3311.63
Sewer 1                                   $1,189.84
Sewer 2                                   $1,103.84
Capital Projects                       $1,981.00
VB Water                                $20,651.76
Pomfret Fire Protection          $63,852.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #27 of 2021 in the amount of $135,448.16 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

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the June 2021 report of monies collected through the Town Clerk’s Office. A total of $8,781.00 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for June 2021 is as follows:
Justice Dietzen Total Cases: 89
                        Total Fine & Surcharges: $9,331.00

                        Justice Pulci Total Cases: 118
                        Total Fine & Surcharges: $9,706.00
  • The Historian Report for June 2021 has been distributed to the board and it is on file in the Clerk’s office.
  • The Pomfret Board at last months meeting asked Clerk Vento if she could provide the packets electronically. The board has agreed they would like to see the conservation of paper and for the Town Clerk to provide the packets electronically.
  • The Town of Pomfret is currently conducting a dog enumeration/census for the month of July. A total of 157 dogs have been licensed for the first time since July 6, 2021 collecting almost half of the cost of the enumeration.

AUDIENCE CONCERNS
  • Susan Graves & Miriam Washington, Pomfret Court Clerks, addressed the board in regards to the knowledge of a justice leaving due to retirement and court clerk. Ms. Graves stated she would like to see the opportunity to train someone for her position before she retires. She feels not having the time to train someone is unfair to the other court clerk as their case loads are increasing due to the pandemic catch up. Ms. Washington also reminded the board the amount of money being brought in through fines and surcharges does not reflect the work load or responsibility of the court clerks. She also is encouraging the board to ask questions to the court in regards to their duties and to communicate with both the judges and clerks in the future.

SUPERVISOR PACOS
  • John Reagan, RIC Development (VB Solar Project) addressed the board with the revisions of the project. Town Attorney, Jeffrey Passafaro addressed the board and audience stating since the last meeting several developments have occurred. The Town has received the County 239 referral, of which was stated it is a matter of local concern. The Board has also received an additional workup from Code Enforcement Officer, Warren Kelly, with the revised submissions from the applicant. Mr. Reagan stated the following have been revised:
-Increased setbacks to 200 ft.
-Keeping 95-100 feet of existing vegetation
-Adding a pollenating garden
-Moving one transformer away from a property line
-Updated the visual analysis from Van Buren Road showing the utility poles
-Modified the Operation and Maintenance to include Town inspections of the drainage, ditches, and landscaping.

Audience Concerns for Solar Project:
*Pomfret resident, Wesley Bartoo, addressed the board in regards to the decommissioning of the project. Mr. Reagan stated in the event the project is no longer needed the Board requires a decommissioning plan and bond. All equipment will be removed and the area will be restored to its original state.
*Charles Civiletto asked Mr. Reagan if there has been permission granted from National Grid for the field and energy created. Mr. Reagan replied, ‘Yes’.
  • Councilman Christy made a motion, seconded by Councilwoman Eckman to schedule a Public Hearing for the Van Buren Solar project on August 11, 2021 at 5:45P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion carried unanimously.
  • Councilwoman Eckman made a motion, seconded by Councilman Sedota to approve the agreement with Municipal Solutions for the Salt Shed grant applications with Rural Development. The motion carried unanimously.
  • Councilman Sedota made a motion to accept the resignation, with regret, from Pomfret Justice Anthony Pulci due to retirement effective July 31, 2021. The motion was seconded by Councilman Schaeffer and carried unanimously. The Board thanks Mr. Pulci for his service and commitment to the community.
  • Councilman Christy made a motion to accept the resignation, with regret, from Dog Control Officer, Loren Laurito effective June 21, 2021. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Schaeffer made a motion to approve the appointment of Jude Gardner as one of two Dog Control Officers. The motion was seconded by Councilman Sedota and with a roll call vote, does not pass.
Roll Call:
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilman Christy-NO
Councilwoman Eckman-NO
Supervisor Pacos-NO
  • The vacancy of one of the two dog control positions will be advertised with letters of interest to be submitted to the Pomfret Town Clerk by August 10, 2021.
  • Councilwoman Eckman made a motion to approve the following resolution, seconded by Councilman Christy and carried unanimously.
Consolidated Funding Application
Resolution of Support & Authorization for the Town of Pomfret to Apply for
2021 New York State Consolidated Funding Application Funding Programs Including the NYS Environmental Facilities Corporation Green Innovation Grant Program ( NYSEFC GIGP) for Water Meters, NYS Department of  Environmental Conservation (NYS DEC) Climate Smart Communities Planning Grant & NYS DEC Water Quality Improvement Project (WQIP) Funds for Salt Storage Facilities

WHEREAS, Town of Pomfret, Chautauqua County, supports the submission of a 2021 Consolidated Funding Application (CFA) on behalf of the Town, for a NYSEFC EFC GIGP grant for the purchase and installation of water meters, NYS DEC Climate Smart Communities Planning Grant and for a NYS DEC Water Quality Improvement Project for the replacement of the Village’s salt storage facility; and
WHEREAS, the NYSEFC invites eligible applicants to apply for WQIP water meter installation and replacement funding to undertake the purchase and installation of water meters in previously unserved areas and the replacement of existing broken/malfunctioning water meters that are vitally needed by the Lily Dale and Van Buren Water Districts; and
WHEREAS, the NYS DEC provides a competitive statewide reimbursement grant program for local governments, administered to directly address documented water quality impairments caused by storm water runoff from exposed salt storage piles ; and
WHEREAS, the NYS DEC provides a competitive statewide reimbursement grant program for local governments to undertake climate smart community planning to focus on assessments, inventories, and planning activities that are part of becoming a certified Climate Smart Community.

WHEREAS, The Town of Pomfret is familiar with the applicable guidelines and requirements and is proposing projects that meet the active goals and objectives of the proposed CFA programs, as well as recognizing the positive overall project impacts that will be realized by the community as a result of successful grant funding; and
WHEREAS, if funding is received it will allow the Town of Pomfret to make upgrades and improvements to its vital infrastructure and prepare a comprehensive plan for future community sustainability and smart growth development activities.
NOW THEREFORE BE IT RESOLVED, the Town Board, on behalf of the Town of Pomfret, identifies the Town Supervisor as the authorized representative for the project, able to execute necessary application submittals and other related documents relative to and as required; and

BE IT FURTHER RESOLVED, the Town Board does hereby accept that they shall provide at least a 25% match of the total of any NYSEFC Water Meter grant award, provide a 50% match of the total of any NYS DEC WQIP grant funding awarded as a local match and a 50% of the total of any NYS DEC Climate Smart Planning grant award and said funds are hereby appropriated in the form of in-kind services, cash contributions and obligations from Loan and/or grant financing through USDA Rural Development loans and grants and other sources; and
BE IT FURTHER RESOLVED, that the Town of Pomfret, recognizes and fully supports the submission of the 2021 Combined Funding Applications to accomplish the activities described above and hereby authorizes Municipal Solutions, Inc. and Clark Patterson and Lee Engineers to prepare and submit the application materials for the programs detailed above to the respective funding agencies.
  • Councilwoman Eckman made a motion, seconded by Councilman Christy to approve the request from Myra Johnston, Benjamin Prescott Chapter Daughters of the American Revolution, for permission to clean two head stones at the Pioneer Cemetery to honor Revolutionary War Soldiers pending receipt of the Certificate of Insurance and coordination with the Town Historian, Todd Langworthy, and Highway Superintendent, Jude Gardner. The motion carried unanimously.
  • Councilman Sedota made a motion to approve the following summer recreational hires, seconded by Councilman Schaeffer and carried unanimously.
Heather
Aldous
9 Forbes Pl.
Fredonia
NY
14063
Minimum Wage

Nicholas
Creeley
86 Howard St.
Fredonia
NY
14063
Minimum Wage

Joseph
Gullo
21 Spring St.
Fredonia
NY
14063
Minimum Wage

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

Owen
Ludwig
30 Ryan Pl.
Fredonia
NY
14063
Minimum Wage

Madison
Marsh
141 Gardner St.
Fredonia
NY
14063
Minimum Wage

*Returning Staff Member
  • Supervisor Pacos has received the Code Enforcement and Zoning Enforcement monthly reports.
  • The Town has been notified by the Chautauqua County IDA that a Public Hearing will be held at Pomfret Town Hall on July 20, 2021 in regards to the Rak Solar farm which has been approved by the Pomfret Town Board. The hearing will take place at 11:30A.M.
  • Supervisor Pacos distributed to the Board an update on all current projects within the Town.
  • Supervisor Pacos informed the board he is in receipt of the amount of money the Town will receive from the Federal Government for COVID-19 relief. The Town will receive $361,906.00. It is unclear as to how this money can be used. He will report back to the board when he has more information.
  • The purchase of the columbarium was discussed. There is an issue with transportation and placement of the structure due to the width of the tractor trailer and road. After a discussion it was determined the board will check with the town bookkeeper and cemetery sexton if there is another location to place the columbarium and if funding is available for the company to set the foundation and installation.
COUNCILMAN CHRISTY
  • A meeting has been scheduled with the Fredonia Fire Department for the upcoming contract expiration for Fire Protection. The meeting will be held July 27, 2021 at Pomfret Town Hall at 6:30 P.M.
  • Mr. Christy recently toured the Pomfret Cemeteries and applauded Highway Superintendent Gardner on the work being completed and the state of the grounds.

COUNCILWOMAN ECKMAN
  • Mrs. Eckman reported she has spoken with the exercise instructor for the Grape Belt Seniors and stated attendance is up and going strong. It was reported individuals are feeling more comfortable being out in public spaces.
  • Rick Davis, Opera House Director, stated The Opera House is re-opening for movies and live performances starting July 17, 2021.
  • Mrs. Eckman encouraged the other board members to attend their appointed committee meetings and provide monthly reports.
COUNCILMAN SEDOTA
  • Mr. Sedota has received an email complaint about dog walking in Pomfret Cemeteries. The Board noted for the public dogs are not allowed in any Pomfret Cemetery.
  • Mr. Sedota asked in regards to the court clerk training if monies can be earmarked from the relief money the town will receive from the Federal Government. Mr. Pacos stated he’s unsure of how the money will be able to be used by municipalities.

COUNCILMAN SCHAEFFER
  • Mr. Schaeffer visited the Pomfret Highway Barns and was pleased that all employees were out completing projects.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The June monthly report of work completed has been distributed to the Board.
  • Councilman Schaeffer made a motion to authorize the spending of $5,755.53 from Vantage Equipment to trouble shoot engine issues with the Volvo and install new turbocharger and cooler. The motion was seconded by Councilman Sedota and carried unanimously.
  • The roof has been completed and is waiting for final inspection from engineers Clark Patterson Lee.
  • Lamberton Road has been paved and currently waiting for shared services to finish the shoulders of the road.
  • The Highway Department has done maintenance to the Laona Playground which includes adding rubber mulch, painting, and maintenance to the basketball court.
  • The water leak has been found in Forest Hill Cemetery. Mr. Gardner will be looking to replace these lines in the future.
  • Nancy Wickmark, Cassadaga Lakes Nature Park Association, addressed the board in regards to who owns the Old Rt. 60 in Cassadaga. The board was approached previously in regards to taking the road, to which the board declined. The association is looking to place a street sign and/or sign for the park so its easily identifiable to residents visiting the park. Town Attorney Passafaro stated the town has no jurisdiction due to not owning the right of way.

TOWN ATTORNEY PASSAFARO
-No Report-

DULY MOVED by Councilman Schaeffer to close the Regular Town Board Meeting, seconded by Councilman Sedota at 8:02P.M. The motion carried unanimously.

Respectfully Submitted,
         
Allison Vento
Town Clerk
 

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