Special Meeting-May 4, 2022

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00 P.M. May 4, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT:                             
                                               

                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                               Town Attorney Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner
                                                Councilman Brett Christy

The Pledge of Allegiance was led by Supervisor Pacos to begin the Special Meeting of the Pomfret Town Board.
The purpose of this special meeting is for the Town Board to approve a change order for the Lily Dale Water District and any other lawful business before the board.

Supervisor Pacos
  • Councilwoman Eckman made a motion to approve Change Order #1 of the Lily Dale Water District in the amount of $2,630,316.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion that the Town Board has fully reviewed the proposed project located at 10310 Rt. 60, Fredonia and has fully reviewed the Environmental Assessment Form and based on the opinion and recommendation of Code Enforcement Officer, Warren Kelly, the Town Board hereby adopts a Negative Declaration under SEQR with respect to the proposed project and authorizes the Supervisor of the Town of Pomfret to sign the negative declaration determining non-significance. The motion was seconded by Councilman Sedota and carried unanimously.
ROLL Call:
Supervisor Pacos: Aye
Councilwoman Eckman: Aye
Councilman Schaeffer: Aye
Councilman Sedota: Aye
Councilman Christy: Absent
  • Councilwoman Eckman made a motion to accept the resignation of James DeJoe, Zoning Enforcement Officer, with regret effective April 29,2022. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilwoman Eckman to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:09 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

April 13, 2022-Public Hearing Minutes- Special Use Permit-Farel Rd. Solar Application

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 13, 2022 at 5:39P.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 Special Use Permit submitted by RIC Development, LLC for constructing a large solar farm located at 10026 Farel Rd., SBL: 112.00-3-63, property owned by A. Sam Farms, Inc. This proposed solar farm will have approximately 11, 2016 Solar PV modules and 21 inverters.
Jon Rappe, RIC Development CEO and Sheila Ransbottom, Wendel Engineering, were present to discuss the modifications and revisions to the proposed application with visuals and handouts distributed to the Town Board. Mr. Kevin Bliss, RIC Development and Mr. Ivo Tomchev, Project Development Director, were participating via phone to help answer questions from the board and audience. Mr. Bliss spoke at length about the noise associated with a solar field. He stated after construction, the noise is from the inverters on site. The noise production anticipated is a range from 45-65 decibels.
Audience Comments:
  • Town Clerk Vento read the following as submitted and requested via email and drop box 4/13/22:
“Dear Supervisor Pacos and Councilmembers,
Please accept this letter of support regarding the proposed Farel Road Solar Project. I’m writing in support of this project as a resident and an attorney and for the following reasons:
First, the Town of Pomfret carefully considered the issue of solar power developments in the Town in 2016 and adopted Local Law #2 – Solar Power. This Local Law was carefully crafted in line with existing law, recognized and anticipated future solar power development as an acceptable land use, and established the proper locations within the Town for those acceptable and anticipated land uses. It was a public process and permitted resident involvement. Further, the Local Law established a review process for proposed projects to ensure compliance with the law and permit public involvement to address unanticipated issues or concerns before final approval of the permitted land use.
The landowner and project developer have submitted to this process to develop the property as permitted by Local Law #2. I do not believe the Town should now deny the project and this permitted use of the property after anticipating these types of projects and thus inviting this land use.
Second, I have reviewed all the documents for this project. The landowner, by way of the developer, RIC Energy, has responded to the many comments and concerns of public officials and citizens, including and especially surrounding landowners. The developer has provided modifications, including significantly greater setbacks, reduced total land use coverage, and significantly more vegetative coverage than otherwise required. The developer has done this to make the landowner’s permitted land use more acceptable -- even though the project as originally conceived already met the essential requirements of Local Law #2.
The Town and the public involved in this process should be commended. Arguably, the project is now a better project because of this process and the resulting modifications.
Third, this project is future oriented. This project and more like it need to be encouraged in our community and throughout our state and country. We have not learned to live with climate change and all the problems that we are only beginning to experience consequently.
It is essential that we encourage renewable energy development to replace our outsized reliance on fossil fuels. This project is not going to solve the issue of climate change, but these kinds of projects are a critical part of the overall effort to reduce our reliance on fossil fuels.
This type of project is very much a part of our children’s future – and the future of our community.
For the above reasons, I respectfully ask that this project be approved – and that send a clear signal as a community that we want and encourage other such land use developments.
Thank you for your kind consideration.
Very truly yours,
Michael K. Bobseine, Esq.”
  • Paul Siebert, Pomfret resident inquired where the power source will be located for the proposed solar farm and the glare from panels. Mr. Rappe stated the power station will be in the Northwest corner of the project and the panels being used have an anti-glare coating. The question of security of the project also arose asking if it would be gated, locked, etc. The project will be surrounded by a gate which will lock. People with access will be those working on the project and the yearly ground maintenance for snow removal, preventative maintenance, landscaping, etc.
  • Russ Siragusa, Pomfret resident asked about a second access road which is stated in the revised plans. Mr. Bliss stated this was a clerical error in the revised plans and the language regarding a second access road would be removed as it is no longer needed for the proposed project.
  • Becky Siragusa, Pomfret resident, asked how long the construction of the project would take. Mr. Rappe stated two to three months of impactful construction with a total project time of four to six months. He also included this project is not projected to begin until the Spring of 2023 due to delays in materials. Mrs. Siragusa also inquired about the taxing of the property to which Mr. Pacos stated it is taxable as real property. They can apply for a PILOT with the County IDA coupled with a Community Host Agreement. Because the property is proposed to be no longer used for agriculture use, the property owner could lose their agriculture exemption should the project proceed.
  • Sue Westling spoke in favor of the proposed solar project and future projects within the Town of Pomfret, County of Chautauqua, and State of New York. She stated there are no health affects to solar installation. She continues to encourage the community and Town Board to support renewable energy.
  • Susan Royal, Pomfret Resident, spoke in favor of the project and supports the installation of solar in the community to move the town forward with renewable energy.
  • Judy Lutz Woods, Pomfret resident, commended the Town Board on their continuance of working on issues and moving the town forward with solar and green energy.
  • Marcia Johnson, Village of Fredonia Resident, spoke in support and encourage the board to approve this proposed solar project.
  • Jim Joy, Pomfret Planning Board Chairman, asked who pays for the PILOT (Payment in Lieu of Taxes). Supervisor Pacos stated the agreement is between the property owner and the developer. He reiterated if the project is approved, the land owner would lose their agriculture exemption.
  • John Schibetta, Pomfret resident, stated he is not against solar or renewable energy but does have concerns regarding protecting agriculture land as stated the Town’s Comprehensive Plan. He also has concerns about property values, wildlife impact, and overall health for those located near the proposed solar farm. He included in his comments he appreciates the boards and developers’ flexibility and willingness to modify the project based on concerns expressed by residents.
Town Board Comments:
  • Councilman Sedota had questions regarding the decommissioning plan inflation rate. The board and RIC Development stated it’s written the decommissioning plan is to be revisited every four to five years to make sure all aspects are still relatable to the project. The board also stated they are following the recommendations from the Chautauqua County Planning department.
With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the public hearing at 6:51 P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Vento
Pomfret Town Clerk

April 13, 2022 Public Hearing Minutes-Proposed Local Law

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 13, 2022 at 5:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        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 to review the application of a proposed local law to Amend Solar Energy Equipment and Systems Law Regulations, Local No. 2 of 2016.
Section 1 – Purpose:  The Town of Board of the Town of Pomfret does desire to amend certain sections and provisions of the Solar Energy Equipment and Systems, law adopted as Local Law # 2 of 2016 within the Town of Pomfret.
Section 2 – 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 3 – Solar as Principal Use -Amending Section 5 - Large Scale Solar System
  I. Large Scale Solar Energy Systems shall comply with all bulk area requirements, including height and  setback of the underlying Zoning District in which it is  located, together with the following area requirements and  setbacks, whichever is more restrictive.  In addition such other restrictions on placement, height, location, and  setback and/or buffers may be imposed during the Special   Permit process by the Town Board. Each and every part and/or section of the Solar Energy  System shall be setback the following minimums:
a)  300 feet from the edge of any public right-of-way.
b)  250 feet from each property line bordering the premises, which are the subject of a solar application for special use permit.
  c)  350 feet from any residential premises on any adjoining    property.
 d)  At least 50 feet from any structure on the premises                      hosting the Solar Energy System.
 e)  No part of the Solar Energy System and/or its                                  components shall exceed 35 feet in height.
  f) In the sole discretion of the Town Board, for good cause shown, after the Public Hearing the Board may vary the strict application of these regulations.
     II. Large scale solar systems shall be located on lots                      with a minimum lot size large enough to accommodate the              proposed system. Lot coverage – the surface area of the Solar Energy System, including but not limited to solar panels, utility or    electronic sheds, and any other part of the System, shall be              included in Lot coverage, together with any impervious                      service calculations, all of which shall not exceed fifty-percent (50%) of the lot size coverage of the premises on  which the Solar System is to be constructed, and which is the subject of the application and permit review. No large scale systems will be permitted to be located on multiple parcels, the parcel or parcels which are the subject  of the application to host a Solar Energy Facilities System  shall be under the control of the applicant, for and during the entire life expectancy of the Solar Energy Facilities System.

VI.   h)  Decommissioning Plan – All decommissioning plans submitted to the Town of Pomfret for review shall be prepared, signed and sealed by a professional engineer, licensed in the State of New York.  This requirement is in addition to the criteria set forth in Local Law No. 2 of the Year 2016.  Further, all such plans shall meet the requirements adopted/recommended by Chautauqua County Planning  Dept. as then currently in effect.
Section 4 – Solar Storage Batteries
If Solar Storage Batteries are included as part of the Solar Energy Collection System, its location, placement, and maintenance shall be governed by and in accordance with the Town of Pomfret Battery Energy Storage Law, New York State Uniform Code, and all regulations promulgated under the State Code and the National Electric Code. When storage batteries are no longer in use, they shall be  properly disposed of in accordance with the law in the State of New York, and any applicable Federal, State and/or Local disposal Rules and/or Regulations.
Section 5 – 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 6 – Conflict   In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:   This Local Law shall be effective immediately upon filing with the Secretary of State.
Audience Comments:
  • Town Clerk Vento read the following as submitted and requested via email and drop box 4/13/22:
“Dear Supervisor Pacos and Councilmembers,
Please accept this letter of concern regarding the Town’s proposed amendments to Local Law #2, which is the subject of a Public Hearing. I’m writing this letter as a resident, an attorney, and a member of the Pomfret-Fredonia Comprehensive Planning Committee.
The Town of Pomfret has dealt with several solar projects in the past year; has several more proposals pending; and expects and still more project proposals expected.
The Town Board has assumed sole responsibility for approving solar projects. While assuming this responsibility has some advantages, it limits the usefulness and value of the knowledge and training of the people on the Town’s Planning Board and Zoning Board of Appeals. I respectfully request that the members of the Planning Board and Zoning Board be consulted before the Town Board adopt any proposed changes.
Additionally, I respectfully request that the Town and Village Comprehensive Planning Committee be permitted an opportunity to discuss the issue of solar development in the Town before changes are enacted. The purpose of having a comprehensive plan is to help inform the Town’s planning and zoning decision-making. The committee should consider the current issues the Town is confronting respecting solar projects and provide guidance for any planning and zoning decisions that might be considered.
In sum, I respectfully ask that the Town delay any immediate action on the proposed changes to Local Law #2 and permit the Town’s planning and zoning officials and the Comprehensive Planning Committee to provide comments and suggestions.
Thank you for your kind consideration.
Very truly yours,
Michael K. Bobseine, Esq.”
  • James Joy, Pomfret Planning Board Chairman, offered the following as submitted via email 4/13/22:
“A MORITORIUM IS NECESSARY TO REVISE THE TOWN OF POMFRET SOLAR REGULATIONS AND IS NOW REQUESTED BY THE TOWN OF POMFRET PLANNING BOARD
REASON: The current Town of Pomfret Solar Regulations have been found to be inadequate and in need of updating. If not properly structured, large-scale solar facilities can have a negative effect when located on prime farmland resulting in the net loss of agricultural production. Further damages can occur on public and private lands and public roadways through inadequate construction and can create drainage problems through flooding and erosion do to the lack of appropriate water runoff and the lack of sediment control systems. Which could harmfully effect the watershed and public water supplies. In addition to the undeniable loss of property values and inevitable risks to adjoining and neighboring residential properties, especially within this higher populated zone such as the AR-2.
ADD: HOST COMMUNITY AGREEMENT, as a requirement for all commercial large-scale solar projects. The township should receive something more than a PILOT agreement. Example: Low-cost electric for the municipality.   
ADD: DRAINAGE & FLOOD PREVENTION design and flooding mediation requirements, as a condition for a special use permit.                                                                                                                                                             
SUBJECT TO CHANGE: Large Scale Solar systems; are permitted by issuance of a special use permit within Zoning Districts AR1, AR2, I-1 and I-2 only.
Remove – AR-2 from the allowable use zone.       
Reason: Undeniable loss of property values and inevitable risks to adjoining and neighboring properties within this higher populated zone, in addition to the loss of prime productive farmland.
Leave:  as permitted by issuance of a special use permit in AR1, I-1 and I-2
Reason: These zones - AR1, I-1 and I-2 zones are the least populated regions in Pomfret. In addition to encompassing ample acreages of land, not categorized as prime farmland. Therefore having the least negative impact to adjoining and neighboring properties, and the least forfeiture of productive operational farmland. 
ADDITION TO THE REGULATIONS
OVER LAY ZONE(S) FOR LARGER SCALE SOLAR/BATTERY FACILITIES
The consideration to create over lay zoning for Larger Scale Solar (And Storage Battery Storage) in Pomfret would have a desirable effect. We have regions in the Pomfret Township that are not highly populated, and or farmed, and or vacant and promoting the development in these regions will have the least impact on the environment, neighborhoods and farms. In addition, providing these targeted areas can best utilize and develop large scale solar or battery storage facilities, with the least negative impact to the environment, farms and residents.  
SECTION 6
Update required:  update section six; to accommodate new or proposed Battery Storage Facilities Regulations
PROPERTY LINE SET BACK CONSIDERATIONS
CURRENTLY PROPOSED BY THE TOWN OF POMFRET TOWN BOARD
The Town of Pomfret Planning Board supports the considerations to increase set back requirements for large scale solar, (and battery storage facilities), from property boundary lines and residential structures. Currently, the setback requirements are inadequate and need to be to more realistic, with updated setbacks requirements with a greater distance to prevent the loss of property values and unforeseen hazards.”   
  • Paul Siebert, Pomfret resident, asked who enforces the local laws in regards to zoning. The board replied that our Code Enforcement Officer, Warren Kelly, is the one who responds to complaints, non-compliance.
  • Russ Siragusa, Pomfret resident, asked if the new law can require applicants to add to existing projects. Supervisor Pacos responded that it would have to be done by Special Use Permit.
  • Susan Westling spoke in support of passing this amendment to the local law. She commended the board for moving the Town of Pomfret in a positive, forward direction with being pro-active in setting regulations and laws to have protection in place for the community.
With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the public hearing at 5:39 P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Vento
Pomfret Town Clerk

April 13, 2022-Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:51 P.M. April 13, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
                                              
                        Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
PRESENT:      Highway Superintendent Jude Gardner
                                              
                                              
COUNCILPERSONS:       John Sedota
                                         Ann Eckman
                                        Brett Christy
                                        Christopher Schaeffer
The Pledge of Allegiance was recited previously to open the public hearings.
DULY MOVED by Councilwoman Eckman to accept the minutes of the
March 9, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #4 of 2022. 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      $24,861.18
General Fund Part Town        $19,852.61
Highway Fund Part Town       $30,490.98
Berry Water District               $58.60
Chestnut Water District          $35.50
North End Water District        $545.85
Lily Dale Sewer District         $668.62
VB Water District                   $11,171.25
Capital Projects                       $744,835.94
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #24 of 2022 in the amount of $243,526.76 for Chadwick Bay Intermunicipal Waterworks with one addition to Foley, Foley, Foley, Passafaro in the amount of $1,452.50. 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
BUDGET TRANSFERS
Duly moved by Supervisor Pacos to approve the following budget transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.
GENERAL FUND TOWNWIDE
Budget Modification
Modify 2022 adopted budget by increasing Revenue Account A2705 Gifts & Donations by $7,000 and by Increasing Expenditure Account A8510.4 Community Beautification Contractual by $7,500
For Round-A-Bout Sculpture and Donation
$500    FROM     A1990.4    Contingent Account
            TO          A8510.4     Community Beautification Contractual
$1,250 FROM   A1420.1      Attorney Personal Services
            TO        A1420.4        Attorney Contractual
$10      FROM  A5010.4       Supt. Highways Contractual
            TO     A5010.2          Supt. Highways Equipment
$648    FROM  A9060.8       Employee Benefits Hospital & Medical
            TO    A9010.8          Employee Benefits State Retirement
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the March 2022 report of monies received. A total of $5,862.80 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for March 2022 tax collection. A total 241 bills were processed collecting $509,343.40.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for March 2022 is as follows:
Justice Dietzen Total Cases: 185
                        Total Fine & Surcharges: $15,568.00
                        Cases dismissed:    32
                        Justice Cerrie Total Cases: 194
                        Total Fine & Surcharges: $14,001.00
                        Cases dismissed:         51
  • The monthly Historian report for the month of April has been received and distributed to the Town Board.
  • The Fredonia Fire Department submitted the March 2022 report. A total of 145 calls were made with 35 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • Deputy Town Clerk Renckens received a $250.00 Scholarship to attend the NYS Town Clerks Association Annual Conference.
  • The Code Enforcement monthly report has been distributed and is on file in the Clerk’s Office.
  • The Pomfret offices and buildings will be closed April 15, 2022 in observance of ‘Good Friday’.
  • The Pomfret Town Clerk’s office will be closed April 25-27, 2022 for attendance of the New York State Town Clerks Association Annual Conference.
  • The Town of Pomfret will be sponsoring a free rabies clinic May 5, 2022 from 4:00-6:00P.M. at the Pomfret Highway Barns.
AUDIENCE CONCERNS
-None
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The March work report was distributed.
  • Councilman Schaeffer made a motion to approve the contract with Clark Patterson Lee for the engineering and design of the Salt Shed at a cost not to exceed $30,500.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to purchase a Kubota ZG300 Series Zero Turn mower at a cost not to exceed $7,887.34 from Southern Tier Trailer Sales, Inc. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to adopt Sourcewell as a viable option to purchase town equipment/materials. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve the purchase from Sourcewell of a Ford F150 4x4 Super cab pick up truck from Fredonia Ford, Inc. at a price not to exceed $38,721.20, as budgeted. The motion was seconded by Councilman Schaeffer and carried unanimously.
SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve the Special Use Permit application from RIC Development, LLC for a large solar farm located at 10026 Farel Road, Fredonia, SBL:112.00-3-63, owned by A. Sam Farms, INC. with the revised plan submitted on record of the public hearing and condition that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-NO
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Councilman Christy made a motion to approve the proposed Local Law No. 1 of 2022-Solar Energy Equipment and Systems, Law Adopted as Local Law #2 of 2016 with the addition of the clause stated in the public hearing, Section 7
Section 1 – Purpose:  The Town of Board of the Town of Pomfret does desire to amend certain sections and provisions of the Solar Energy Equipment and Systems, law adopted as Local Law # 2 of 2016 within the Town of Pomfret.
Section 2 – 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 3 – Solar as Principal Use -Amending Section 5 - Large Scale Solar System
                        I.  Large Scale Solar Energy Systems shall comply        with all bulk area requirements, including height and                         setback of the underlying Zoning District in which it is located, together with the following area requirements and setbacks, whichever is more restrictive.  In addition such other restrictions on placement, height, location, and setback and/or buffers may be imposed during the Special  Permit process by the Town Board.
Each and every part and/or section of the Solar Energy  System shall be setback the following minimums:
                                              
a)  300 feet from the edge of any public right-of-way.
b)  250 feet from each property line bordering the premises, which are the subject of a solar application for special use permit.
c)  350 feet from any residential premises on any adjoining property.
d)  At least 50 feet from any structure on the premises hosting the Solar Energy System.
 e)  No part of the Solar Energy System and/or its components shall exceed 35 feet in height.      
f) In the sole discretion of the Town Board, for good cause shown, after the Public Hearing the Board may vary the strict application of these regulations.
II.        Large scale solar systems shall be located on lots                    with a minimum lot size large enough to accommodate the              proposed system.
            Lot coverage – the surface area of the Solar Energy                System, including but not limited to solar panels, utility or                electronic sheds, and any other part of the System, shall be              included in Lot coverage, together with any impervious service calculations, all of which shall not exceed fifty- percent (50%) of the lot size coverage of the premises on which the Solar System is to be constructed, and which is the subject of the application and permit review.
No large-scale systems will be permitted to be located on      multiple parcels, the parcel or parcels which are the subject  of the application to host a Solar Energy Facilities System shall be under the control of the applicant, for and during the entire life expectancy of the Solar Energy Facilities   System.
VI.       h) Decommissioning Plan – All decommissioning plans submitted to the Town of Pomfret for review shall be prepared, signed and sealed by a professional engineer, licensed in the State of New York.  This requirement is in addition to the criteria set forth in Local Law No. 2 of the Year 2016.  Further, all such plans shall meet the requirements adopted/recommended by Chautauqua County Planning Dept. as then currently in effect.
Section 4 – Solar Storage Batteries
If Solar Storage Batteries are included as part of the Solar Energy Collection System, its location, placement, and maintenance shall be governed by and in accordance with the Town of Pomfret Battery Energy Storage Law, New York State Uniform Code, and all regulations promulgated under the State Code and the National Electric Code.
When storage batteries are no longer in use, they shall be properly disposed of in accordance with the law in the State of New York, and any applicable Federal, State and/or Local disposal Rules and/or Regulations.
Section 5 – 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 6 – Conflict                           In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:                This Local Law shall be effective immediately upon filing with the Secretary of State.
  • The Board discussed with Town Attorney, Jeffrey Passafaro, the edits to the zoning. Mr. Passafaro will have in final draft form for the board at their May Meeting.
  • Councilman Christy made a motion to authorize the Town Supervisor to enter into a contract with Municipal Solutions for the Lily Dale Sewer Line Replacement project. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the following Lily Dale Water District Water and Sewer rates. The motion was seconded by Councilman Christy and carried unanimously.
Water:
$30.00 minimum fee for up to 5,000 gallons, $5.48 per 1,000 gallon after
Sewer:
$35.00 minimum fee for up to 5,000 gallons, $7.00 per 1,000 gallon after
  • The Town of Pomfret is seeking an individual to fill the vacancy on the Town of Pomfret Board of Assessment Review. Applicant must reside in the Town of Pomfret and training is required. The deadline to submit letters of interest is April 29, 2022 to Town Board, c/o Allison Vento, 9 Day Street, Fredonia.
  • Councilwoman Eckman made a motion to authorize the Town of Pomfret to participate in the community celebration of the Fourth of July with the City of Dunkirk in an amount budged at $500.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town Board has been copied on the Zoning Board minutes presented by EvaDawn Bashaw, Planning and Zoning Clerk.
  • The Zoning Enforcement Officer, James DeJoe, has submitted his monthly reports for the months of February and March 2022.
  • The Pomfret Town Board has been invited to attend the 2022 Worker’s Memorial service Saturday, May 7, 2022 at Erlandson County Park in Frewsburg at 11:00A.M.
  • Supervisor Pacos and Councilwoman Eckman have been working with the Village of Fredonia on correction of water/sewer past billings.
COUNCIL REPORTS
  • COUNCILMAN CHRISTY
-None
  • COUNCILMAN SEDOTA
-None
  • COUNCILMAN SCHAEFFER
-None
  • COUNCILWOMAN ECKMAN
  • Councilwoman Eckman is pleased to announce the Fredonia Beaver Club is donating the art sculpture from local artist, Joe Sorci, for the center of the rounda-bout. The project is also soliciting local businesses to help with the installation, landscaping, and beautification of the project.
DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota and carried unanimously. Time: 7:44P.M.
Respectfully Submitted,
          
Allison Vento
Town Clerk

March 9, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 9, 2022 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
                                       Ann Eckman
                                     Brett Christy

ABSENT:   Councilman Christopher Schaeffer
                   Town Attorney Jeffrey Passafaro

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
February 9, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #3 of 2022 with one addition.
Fund             Voucher #                   To                       Amount
B-General Outside    48398      Ingalls Planning & Design $5,000.00

The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $22,433.85
General Fund Part Town        $10,181.21
Highway Fund Part Town       $40,105.51
Berry Water District               $22.89
North End Water District        $120.52
Lily Dale Sewer District         $1,019.21
VB Water District                   $11,855.00
Capital Projects                       $227,808.17

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #23 of 2022 in the amount of $265,611,04 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-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE
 
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the February 2022 report of monies received. A total of $5,953.60 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for February 2022 tax collection. A total of 2,392 bills were processed collecting $3,300,659.88.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for March 2022 is as follows:
Justice Dietzen Total Cases: 111
                        Total Fine & Surcharges: $8,908.00
                        Cases dismissed:    17

                        Justice Cerrie Total Cases: 101
                        Total Fine & Surcharges: $6,040.00
                        Cases dismissed:         21
  • The Fredonia Fire Department submitted the January 2022 report. A total of 174 calls were made with 42 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • The Fredonia Fire Department submitted the February 2022 report. A total of 171 calls were made with 37 being within the Town of Pomfret. The report is on file in the Clerk’s office. 
  • The Code Enforcement monthly report has been distributed and is on file in the Clerk’s Office.
  • A motion made by Councilman Sedota to approve as budgeted in the 2022 budget, the Town Clerk and Deputy Town Clerk to attend the New York State Town Clerks Association Annual Conference April 25,26,27, 2022. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Christy to approve the attendance of the Town Clerk to the IIMC (International Institute of Municipal Clerks) Conference May 23,24,25 as budgeted in the 2022 budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Pomfret offices and buildings will be closed April 15, 2022 in observance of ‘Good Friday’.

AUDIENCE CONCERNS
  • Marcia Johnson, Fredonia resident, addressed to the board her support in renewable energy. She stated ‘change is inevitable’ and commends the board for being pro-active in their legislation.
  • Russ Siragusa, Pomfret resident, voiced his concerns with the proposed solar project on Farel Rd. His main concern is the site lines from his property. He expressed they bought the property for it’s country like setting and would not be in favor of the solar farm going in on Farel Rd.
  • Julie Bartlett, Pomfret resident, had concerns with the displacement of wildlife if the proposed solar project on Farel Rd. is approved. She also has concerns if all the agriculture land which produces food is full of solar panels, where will the food come from. She has sincere concerns with the amount of solar being placed in Chautauqua County.
  • Becky Siragusa, Pomfret resident, asked the board if the Faren Rd. solar project was an allowable use. Supervisor Pacos stated it was. She asked the board who the setbacks are in favor of. Councilwoman Eckman stated they are in favor of the residents and the Town Board takes into account all aspects of a project when proposed.
  • Paul and Debra Siebert, Pomfret residents, questioned the long-term tax benefits for the Town of Pomfret with putting in solar farms where potential residences could be placed. He believes the Town of Pomfret is better off with having houses which create tax revenue than solar fields. Mrs. Siebert questioned if studies have been conducted regarding the health hazards of installation of solar to where Mr. Pacos replied there has been. They would like the board to consider protecting the agriculture land within the Town of Pomfret and updating the water lines on Berry Rd. Supervisor Pacos stated they are continuing to work on Phase II of the North End Water District which will include all residents without current municipal water within the Town of Pomfret.
  • Jim DeJoe, Pomfret resident, asked the board if there were plans in place, in the Town’s name, if a solar project goes ‘belly up’. The answer was yes, all projects have a decommissioning plan which is updated and revised every four years of the project. The bond for the decommissioning plan is in the Town’s name. Supervisor Pacos also addressed the County of Chautauqua has put together a plan in which the Town Board will follow and adopt.
  • Marti Webster, Van Buren Point, asked if the proposed zoning changes would be made available once in final form. Mr. Pacos stated they would be once in final form from the Town Attorney and they will be available prior to a scheduled public hearing.
  • Linda Warner, Van Buren resident, asked the board the process of the public hearing and receiving the changes. Clerk Vento addressed the question stating once a public hearing is scheduled, it has to be posted within ten days of the hearing. The notice of Public Hearing is put on the town’s website, bulletin board, and published in the Observer.
  • Rachel Spangler, Fredonia resident, encouraged the board to ask the questions necessary to move the Town of Pomfret forward with renewable energy. She commended the board for having the conservations.

SUPERVISOR PACOS
  • Kevin Bliss, RIC Development, presented to the board an amended plan for the proposed solar project located at 10026 Farel Rd., Fredonia. This amended plan has increased setbacks from property lines as well as the placement of trees for screening to be closer to the stream on the property to provide a more open field road frontage. Mr. Bliss stated the trees to be planted will be 6-8 feet at time of planting with the town having say in the species which will be planted.
  • The Town Board has received from the County of Chautauqua Department of Planning and Development their referral letter for proposed Special Use Permit for a Solar Application at 10026 Farel Rd. The letter is on file with the Clerk’s Office.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the proposed Special Use Permit Solar Application, located at 10026 Farel Road, on Wednesday, April 13, 2022 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Christy and carried. Councilman Sedota voting ‘Nay’.
  • The board discussed the zoning amendments and have a final draft to present to Town Attorney Passafaro for final form. Supervisor Pacos will pass these along to Mr. Passafaro to have for the April meeting.
  • Councilman Christy made a motion to schedule a Public Hearing for the proposed amendments to Local law No. 2 of 2016-Amend Solar Energy Equipment and Systems Law Regulations for Wednesday, April 13, 2022 at 5:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Town Board has received from the County of Chautauqua Department of Planning and Development their referral letter for the proposed Special Use Permit for a Solar Application located at 9824 Rt. 60, Fredonia. The letter is on file in the Clerk’s Office.
  • Councilwoman Eckman made a motion to approve the amended Special Use Permit from SL Fredonia, LLC for a solar photovoltaic generation facility located at 9824 Rt. 60, Fredonia. The motion was seconded by Councilman Christy and the motion carried. Councilman Sedota voting ‘Nay’.
  • Supervisor Pacos has reported he spoke with Fran Porpiglia, National Grid, about updating the street lights in the Town of Pomfret to LED. Ms. Porpiglia will have updated numbers for the board at the April meeting.
  • Councilman Christy made a motion to approve the bid based on recommendation from Clark Patterson Lee, for SJB Services, Inc. to conduct soil borings for the Van Buren Water project at a cost not to exceed $12,900.00. The motion was seconded by Councilman Sedota and carried unanimously.
 
  • Supervisor Pacos received notification from NYS Parks, Recreation and Historic Preservation that Lily Dale has been placed on the National Register of Historic Places.
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.

NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is authorized to execute a Grant Agreement with NYS Environmental Facilities Corporation and any and all other contracts, documents, and instruments necessary to bring about the project and to fulfill the Town of Pomfret obligations under the Grant Agreement and,
BE IT FURTHER RESOLVBED, that the Town of Pomfret authorizes and appropriates a minimum 33.33% local match as required by the Green Innovation Grant Program (GIGP) for the Town’s Van Buren project. Under the GIGP program, this local match must be at least 33.33% of the GIGP eligible project costs of $135,000. The source of the local match and any amount in excess of the required match, shall be Rural Development Loan funds. The maximum local match shall not exceed $45,000 based upon a total estimated maximum project cost of $135,000. The Supervisor may increase this local match though the use of in-kind services without further approval from the Town of Pomfret.
  • Councilman Christy made a motion to schedule a Town of Pomfret Town Board Workshop for the purpose to discuss the water and sewer rates within the newly established Lily Dale Water District. The workshop will be Wednesday, March 30, 2022 at 6:00P.M. at the Lily Dale Fire Hall, Lily Dale, N.Y. The motion was seconded by Councilwoman Eckman and carried unanimously.  
  • Councilman Christy made a motion to approve the request for water through the North End Water District from property owner James Oakes III for service at 9620 Farel Road, Fredonia, N.Y. The application has been approved by the Fredonia Village Board. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos made a motion to authorize the Town to enter into a Vendor Agreement for the NYS Low Income Household Water Assistance Program (LIHWAP). The motion was seconded by Councilman Sedota and carried unanimously.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy will be holding an Electrical Hazard Awareness Training for the Town of Pomfret and Village of Fredonia employees on March 25, 2022 at 11:00A.M. at the Pomfret Highway Barnes. All are welcome to attend.

COUNCILMAN SEDOTA
  • Councilman Sedota thanked the full audience for the participation in the nights monthly meeting. He encourages all to attend each month.
COUNCILMAN SCHAEFFER
-Absent

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board on the Opera House and the Grape Belt Seniors. The Opera House has lifted their mask mandate and encourages all to utilize the marquee and the Opera House. The Grape Belt Seniors have a large participation in their activities at the Masonic Lodge. There was recently a printed schedule of activities the Grape Belt Seniors will be conducting.
  • Councilwoman Eckman has secured funding for the art piece for the center of the round-a-about from a local artist. She will work with the artist for design and landscaping moving forward.
 HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The February work report was distributed.
  • Highway Superintendent Gardner will be posting roads this week for the Town of Pomfret.
  • The Highway Department is working on receiving quotes for new lawn mowers and will have information for the April meeting.
  • Councilwoman Eckman made a motion to authorize the following as Highway Seasonal Employees. The motion was seconded by Councilman Christy and carried. Supervisor Pacos abstained.
Name                                      Address                                  Rate of Pay
Bob Siragusa       175 Gardner, Fredonia                 $13.20 per hour
Andrew Field     3509 Webster Rd., Fredonia          $13.20 per hour
Jim Lemanski   74 Risley St., Fredonia                       $13.20 per hour
Russel Conti     3622 Rt. 83, Fredonia                         $15.16 per hour
Aaron Pacos    110 Johnson St., Fredonia                  $13.20 per hour

DULY MOVED by Councilman Christy to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota and carried unanimously. Time: 8:43P.M.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

February 09, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 9, 2022 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
                                        Christopher Schaeffer
                                         Ann Eckman

ABSENT:                       Brett Christy

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

DULY MOVED by Councilman Sedota to accept the minutes of the
January 12, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2 of 2022. 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-Abesent
Councilwoman Eckman-AYE

General Fund Town Wide      $23,753.28
General Fund Part Town        $17,148.37
Highway Fund Part Town       $43,203.33
Berry Water District               $221.84
Chestnut Water District          $198.83
North End Water District        $418.81
Lily Dale Sewer District         $671.03
VB Water District                   $6,681.00
Capital Projects                       $914,576.81
Pom. Fire Protection               $355,839.00
LD Fire Protection                  $30,400.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #22 of 2022 in the amount of $62,370.78 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-Absent
Councilwoman Eckman-AYE

 TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the January 2022 report of monies collected. A total of $4,126.00 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for January 2022 of tax collection. A total of 3,240 bills were processed collecting $4,4000,019.44 for the Town/County taxes.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for January 2022 is as follows:
Justice Dietzen Total Cases: 176
                        Total Fine & Surcharges: $13,422.00
                        Cases dismissed: 15   

                        Justice Cerrie Total Cases: 134
                        Total Fine & Surcharges: $10,467.00
                        Cases dismissed:         24
  • The Pomfret offices and buildings will be closed Monday, February 21, 2022 in observance of President’s Day.

AUDIENCE CONCERNS
  • Marti Webster, Van Buren Point Association Member, addressed the board concerning the zoning changes being considered. Supervisor Pacos addressed her stating they are looking to change the Lakefront Residential to allow more uses by Special Use Permit or allowable use under the proposed zoning law amendments. Mr. Pacos stated the board is not looking to increase businesses, per say, but to allow uses giving the board a say of what is allowed and not allowed. Ms. Webster thanked Mr. Pacos for his timely response to the email she had previously spent and requested, when the board schedules a public hearing, to allow residents to participate via zoom.
  • Jill Crane, Van Buren Resident asked, “Why is the board considering re-zoning now?” Councilwoman Eckman stated this has been something the board has been working on for a few years. It has nothing to do with recent sales of property or development being proposed. Ms. Crane stated she is in favor of people coming to the area and putting money into the community but has serious concerns regarding the use of vacant property and the increased traffic it could bring to the area. Ms. Eckman reiterated this is not something ‘new’ the board is considering. It has been discussed prior. She asked the residents to please give the board a chance to review the recommendations from the Planning and Zoning Boards before drawing conclusions. Ms. Crane addressed Highway Superintendent, Jude Gardner, about the lack of visibility on the corner of Van Buren Rd. and Route 5 due to snow mounds. Mr. Gardner stated he will contact the Chautauqua County to clear excess snow.
  • Julie McFarland asked the board if the site where the previous store is located, could re-open as it is zoned currently. Mr. Pacos stated, it could, but would have to go before the Zoning Board for a Use Variance Hearing. They may not meet all the criteria to move forward.
  • Linda Warner asked if the Planning Board gave their recommendations to the Town Board. Mr. Pacos replied, ‘Yes, they were received late yesterday’. Ms. Warner stated again her concern of condensed traffic in the area. She distributed to the board her response to a FOIL request she submitted to the NYS Department of Transportation, as well as her own traffic study she conducted at the intersection of Route 5 and Lake Road.
 SUPERVISOR PACOS
  • Supervisor Pacos made a motion giving consent to the Chautauqua County IDA to be the lead agency for SEQR on the proposed Special Use Permit for a large solar farm located at 10026 Farel Road, Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The board has directed Town Attorney, Jeffrey Passafaro, to draft language regarding the setback requirements for solar projects. Mr. Passafaro will have the language to the board to review and schedule a public hearing at next month’s meeting. The board spoke with the representative of RIC Development for the 10026 Farel Road Solar Project. The board will get their changes on setbacks to their team so their site plans can be revised to meet the future requirements under local law.
  • The Pomfret Town Board has not received referral from the Chautauqua County Planning and Development Board on the proposed solar project located at 9824 Rt. 60. Attorney Passafaro will send correspondence so the board may act at next month’s meeting to approve or deny the Special Use Permit.
  • Councilwoman Eckman made a motion to approve the agreement with the County of Chautauqua for the Salt Storage Facility Project. The motion was seconded Councilman Sedota and carried unanimously.
  • Councilman Sedota made the motion to approve the following resolution of a budget modification for the Lily Dale Water District. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Lily Dale Water Project (“Project”); and
WHEREAS, the Town Board wishes to adjust project budget items to more accurately reflect actual costs and;
WHERAS, Rural Development Requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E; NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Pomfret authorizes the following Budget Modifications for the Project;
Single Audits              Increase of      $7,718.00
Direct Expenditures    Increase of      $4,032.64
Contingency                Decrease of     $11,750.64
 
  • The following resolution was approved by Councilwoman Eckman and seconded by Councilman Schaeffer. The motion carried unanimously.
RESOLUTION, DATED FEBRUARY 9, 2022, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) ADOPTING POST-ISSUANCE TAX COMPLIANCE PROCEDURES

WHEREAS, the Internal Revenue Service has issued regulations requiring issuers of tax-exempt obligations to certify on various forms that they actively monitor compliance with federal tax rules following the issuance of such obligations; and
WHEREAS, the Town is a periodic issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of the preferential tax status of those obligations; and
WHEREAS, it is therefore in the best interest of the Town to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; and
WHEREAS, Hodgson Russ LLP, as bond counsel to the Town, has prepared (and has recommended that the Town adopt) post-issuance tax compliance procedures;
NOW THEREFORE, BE IT RESOLVED, that the Town hereby adopts the post-issuance tax compliance procedures that are attached hereto as “Schedule A” and resolves to be governed thereby; and be it further
RESOLVED, that the below Schedule A will be placed in its entirety in the official records, files and minutes of the Town and adhered to going forward; and be it further
RESOLVED, that this resolution shall take effect immediately upon its adoption.

Schedule A

TOWN OF POMFRET,
CHAUTAUQUA COUNTY, NEW YORK

Post-Issuance Tax Compliance Procedures
for Tax-Exempt Bonds and Notes

Statement of Purpose
These Post-Issuance Tax Compliance Procedures (the “Procedures”) set forth specific procedures of the Town of Pomfret, Chautauqua County, New York (the “Issuer”) designed to monitor, and ensure compliance with, certain requirements of the Internal Revenue Code of 1986, as amended (the “Code”) and the related Treasury regulations promulgated thereunder (the “Treasury Regulations”) in connection with the Issuer’s issuance of tax-exempt bonds and notes (“Obligations”).
These Procedures describe various systems designed to identify, on a timely basis, facts relevant to demonstrating compliance with the requirements that must be satisfied subsequent to the issuance of Obligations to ensure that the interest on such Obligations is eligible for exclusion from gross income for federal income tax purposes.  The federal tax law requirements applicable to the Obligations will be described in the tax questionnaire and/or tax certificate prepared by bond counsel and signed by officials of the Issuer.  These Procedures establish a permanent, ongoing structure of practices that will facilitate compliance with the requirements for individual borrowings.
To ensure compliance with applicable federal tax requirements, the Issuer must monitor the various direct and indirect uses of proceeds of the obligation and the investment of such proceeds, including but not limited to:
(1) Monitoring the use of financed property over the life of the obligation.
(2) Determining the sources of debt service payments and security for the obligation.
(3) Calculating the percentage of any nonqualified use of the financed property.
(4) Calculating the yield on investments of proceeds.
(5) Determining appropriate restrictions on investments.
(6) Determining the amount of any arbitrage on the investments.
(7) Calculating any arbitrage rebate payments that must be paid to the U.S. Treasury.
The Issuer recognizes that compliance with the pertinent law is an on-going process, necessary during the entire term of the Obligations.  Accordingly, the implementation of the Procedures will require on-going monitoring and consultation with bond counsel and the Issuer's accountants and municipal advisor.
General Procedures
The following procedures relate to monitoring post-issuance tax compliance generally.
A.        The Town Supervisor, currently Daniel Pacos (the “Compliance Officer”), shall be responsible for monitoring post-issuance tax compliance issues.
B.        The Compliance Officer will coordinate procedures for record retention and review of such records.
C.        All documents and other records relating to Obligations must be maintained by or at the direction of the Compliance Officer.  In maintaining such documents and records, the Compliance Officer will comply with applicable Internal Revenue Service (“IRS”) requirements, such as those contained in Revenue Procedure 97-22 (see the reference materials presented herewith, referred to herein as “Reference Materials”).
D.        The Compliance Officer shall be aware of remedial actions under Section 1.141‑12 of the Treasury Regulations (see Reference Materials) and the Treasury's Tax‑Exempt Bonds Voluntary Closing Agreement Program (VCAP) and take such corrective action when necessary and appropriate.
E.         The Compliance Officer will review post-issuance tax compliance procedures and systems on a periodic basis, but not less than annually.
F.         The Compliance Officer will be responsible for training any designated officer or employee who is delegated any responsibility for monitoring compliance pursuant to this procedure.  To the extent the Compliance Officer needs training or has any questions with respect to any item in this procedure, he or she should contact bond counsel and/or Issuer’s accountants and advisors.  The IRS recognizes that the Compliance Officer and any delegated individual are not expected to act as lawyers who know the proper response to all compliance situations that may arise, but they should be familiar enough with federal tax issues that they know when to ask for legal or other compliance advice.
Issuance of Obligations: Documents and Records
With respect to each issue of Obligations, the Compliance Officer will:
A.        Obtain and store a closing binder and/or CD or other electronic copy of the relevant and customary transaction documents (the "Transcript").
B.        Confirm that the applicable information reports (e.g., Form 8038 series) for such issue are filed timely with the IRS.  Issuer should consult with their accountants and/or bond counsel with questions regarding the filing of such forms.
C.        Coordinate receipt and retention of relevant books and records with respect to the investment and expenditure of the proceeds of such Obligations.
Arbitrage
The following procedures relate to the monitoring and calculating of arbitrage and compliance with specific arbitrage rules and regulations.
The Compliance Officer will:
A.        Confirm that a certification of the initial offering prices of the Obligations with such supporting data, if any, required by bond counsel, is included in the Transcript.
B.        Confirm that a computation of the yield on such issue from the Issuer's municipal advisor or bond counsel (or an outside arbitrage rebate specialist) is contained in the Transcript.
C.        Maintain a system for tracking investment earnings on the proceeds of the Obligations.
D.        Coordinate the tracking of expenditures, including the expenditure of any investment earnings.  If the project(s) to be financed with the proceeds of the Obligations will be funded with multiple sources of funds, confirm that the Issuer has adopted an accounting methodology that maintains each source of financing separately and monitors the actual expenditure of proceeds of the Obligations.
E.         Maintain a procedure for the allocation of proceeds of the issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures.  This procedure shall include an examination of the expenditures made with proceeds of the Obligations within 18 months after each project financed by the Obligations is placed in service and, if necessary, a reallocation of expenditures in accordance with Section 1.148-6(d) of the Treasury Regulations (see Reference Materials).
F.         Monitor compliance with the applicable "temporary period" (as defined in the Code and Treasury Regulations) exceptions for the expenditure of proceeds of the issue, and provide for yield restriction on the investment of such proceeds if such exceptions are not satisfied.
G.        Ensure that investments acquired with proceeds of such issue are purchased at fair market value.  In determining whether an investment is purchased at fair market value, any applicable Treasury Regulation safe harbor may be used.
H.        Avoid formal or informal creation of funds reasonably expected to be used to pay debt service on such issue without determining in advance whether such funds must be invested at a restricted yield.
I.          Consult with bond counsel prior to engaging in any post-issuance credit enhancement transactions or investments in guaranteed investment contracts.
J.          Identify situations in which compliance with applicable yield restrictions depends upon later investments and monitor implementation of any such restrictions.
K.        Monitor compliance with six-month, 18-month or 2-year spending exceptions to the rebate requirement, as applicable.
L.         Procure a timely computation of any rebate liability and, if rebate is due, to file a Form 8038-T and to arrange for payment of such rebate liability.
M.        Arrange for timely computation and payment of "yield reduction payments" (as such term is defined in the Code and Treasury Regulations), if applicable.
Private Activity: Use of Proceeds
The following procedures relate to the monitoring and tracking of private uses and private payments with respect to facilities financed with the Obligations.
The Compliance Officer will:
A.        Maintain records for determining and tracking facilities financed with specific Obligations and the amount of proceeds spent on each facility.
B.        Maintain records, which should be consistent with those used for arbitrage purposes, to allocate the proceeds of an issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures.
C.        Maintain records allocating to a project financed with Obligations any funds from other sources that will be used for otherwise non-qualifying costs.
D.        Monitor the expenditure of proceeds of an issue and investment earnings for qualifying costs.
E.         Monitor private use of financed facilities to ensure compliance with applicable limitations on such use.  Examples of potential private use include:
1.         Sale of the facilities, including sale of capacity rights;
2.         Lease or sub-lease of the facilities (including leases, easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers) or leasehold improvement contracts;
3.         Management contracts (in which the Issuer authorizes a third party to operate a facility, e.g., cafeteria) and research contracts;
4.         Preference arrangements (in which the Issuer permits a third party preference, such as parking in a public parking lot);
5.         Joint-ventures, limited liability companies or partnership arrangements;
6.         Output contracts or other contracts for use of utility facilities (including contracts with large utility users);
7.         Development agreements which provide for guaranteed payments or property values from a developer;
8.         Grants or loans made to private entities, including special assessment agreements; and
9.         Naming rights arrangements.
Monitoring of private use should include the following:
1.         Procedures to review the amount of existing private use on a periodic basis but not less than annually; and
2.         Procedures for identifying in advance any new sale, lease or license, management contract, sponsored research arrangement, output or utility contract, development agreement or other arrangement involving private use of financed facilities and for obtaining copies of any sale agreement, lease, license, management contract, research arrangement or other arrangement for review by bond counsel.
If the Compliance Officer identifies private use of facilities financed with tax-exempt debt, the Compliance Officer will consult with bond counsel to determine whether private use will adversely affect the tax status of the issue and if so, what remedial action is appropriate.  The Compliance Officer should retain all documents related to any of the above potential private uses.
Reissuance
The following procedures relate to compliance with rules and regulations regarding the reissuance of Obligations for federal law purposes.
The Compliance Officer will identify and consult with bond counsel regarding any post-issuance change to any terms of an issue of Obligations which could potentially be treated as a reissuance for federal tax purposes.
Record Retention
The following procedures relate to retention of records relating to the Obligations issued.
The Compliance Officer will:
A.        Coordinate with staff regarding the records to be maintained by the Issuer to establish and ensure that an issue remains in compliance with applicable federal tax requirements for the life of such issue.
B.        Coordinate with staff to comply with provisions imposing specific recordkeeping requirements and cause compliance with such provisions, where applicable.
C.        Coordinate with staff to generally maintain the following:
1.         The Transcript relating to the transaction (including any arbitrage or other tax questionnaire, tax regulatory agreement, and the bond counsel opinion);
2.         Documentation evidencing expenditure of proceeds of the issue;
3.         Documentation regarding the types of facilities financed with the proceeds of an issue, including, but not limited to, whether such facilities are land, buildings or equipment, economic life calculations and information regarding depreciation;
4.         Documentation evidencing use of financed property by public and private entities (e.g., copies of leases, management contracts, utility user agreements, developer agreements and research agreements);
5.         Documentation evidencing all sources of payment or security for the issue; and
6.         Documentation pertaining to any investment of proceeds of the issue (including the purchase and sale of securities, yield calculations for each class of investments, actual investment income received by the investment of proceeds, guaranteed investment contracts, and rebate calculations).
D.        Coordinate the retention of all records in a manner that ensures their complete access to the IRS.
E.         Keep all material records for so long as the issue is outstanding (including any refunding), plus seven years.
  • The Town will be advertising for a part-time assistant to the Code Enforcement Officer.
  • Supervisor Pacos made a motion to authorize the purchase of a printer, two monitors, and two webcams for the Assessor’s office from the ARLM Equipment Reserve Fund at a cost not to exceed $7,166.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos received word from Fran Porpiglia, Representative of National Grid, the updated numbers for the LED lighting will be presented at next month’s meeting.
  • The Town of Pomfret Board is responding to the indoor mask mandate updated by Governor Hocohul. The Pomfret Town hall will still require masks inside to conduct town business.
  • The Town Board has received cannabis sample laws from Town Attorney Passafaro. The board will review and share with the Planning Board for their recommendations.
COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota asked if the Pomfret Highway Department had the equipment to lend to the Village of Fredonia to help with plowing the sidewalks. Mr. Gardner replied the town does not have a sidewalk plow. The highway is, however, helping with the snow removal within the Village of Fredonia.

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The January work report was distributed.
  • Mr. Gardner would like to wait on the purchase of a new pick -up truck due to lack of inventory and incentives. He will wait until the fall for hopes of better options and pricing.
  • The fuel system is failing. After a discussion, the board is seeking advice from Clark Patterson Lee if the fuel system and electrical upgrades can be rolled into the salt storage shed project. Mr. Gardner will send all information to Eric Weis for their review.
  • Clark Patterson Lee, engineers for the salt storage facility, will be notified to move forward and obtain specs for the future building.

TOWN ATTORNEY PASSAFARO
  • There is one settlement in the works with the Assessor and Town Attorney. As it develops, Mr. Passafaro will report to the board.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into 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 during the executive session. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:53 P.M.

Executive session began at 7:59P.M.

DULY MOVED by Councilwoman Eckman to exit the executive session and return to the regular town board meeting to adjourn. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:14 P.M.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 12, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 12, 2022 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
                                         Christopher Schaeffer

ABSENT:           Highway Superintendent Jude Gardner
                           Councilwoman Ann Eckman

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

DULY MOVED by Councilman Christy to accept the minutes of the December 08, 2021 Public Hearing-Pomfret Fire Contract. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the
December 08, 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 January 3, 2022 Organizational Meeting Minutes. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #13 of 2021. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

General Fund Town Wide      $7,480.97
General Fund Part Town        $6,449.11
Highway Fund Part Town       $21,393.02
Berry Road Water District      $58.49
Chestnut Road Water District $35.50
North End Water District        $129.82
Lily Dale Sewer District         $3,414.11
VB Water District                   $4,300.00
Capital Projects                       $2,500.00


DULY MOVED by Supervisor Pacos and seconded by Councilman Schaeffer to approve the payment of bills on abstract #213 of 2021 in the amount of $47,235.98 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2022. 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-Absent

General Fund Town Wide      $14,305.34
General Fund Part Town        $8,210.32
Highway Fund Part Town       $85,325.24
Berry Water District               $5,951.17
Chestnut Water District          $1,912.44
North End Water District        $24,240.80
Rt. 20 Water District               $57.84
Rt. 20 Sewer District              $170.13
Rt. 60 Water District               $2,946.01
Rt. 60 Sewer District              $2,694.15
Lakeview Sewer                     $68.61
Sewer District #1                    $1,167.20
Sewer District #2                    $950.79
Lily Dale Sewer District         $145.92
VB Water District                   $4,645.00
Capital Projects                       $2,612.45

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #21 of 2022 in the amount of $ 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-Absent

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office in 2021. A total of $121,820.70. A copy of the report is on file with Town Clerk Vento.
  • Town Clerk Vento provided to the Pomfret Board the December 2021 report of monies collected. A total of $8,156.20 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for December 2021 is as follows:
Justice Dietzen Total Cases:137
                        Total Fine & Surcharges: $11,272.00
                        Cases dismissed:              21

                        Justice Cerrie Total Cases: 136
                        Total Fine & Surcharges: $10,643.00
                        Cases dismissed:         31
  • The Annual Historian Report for the year 2021 has been distributed to the board and is on file in the Clerk’s office.
  • Cemetery Sexton, Ann Renckens, provided to the board a report of all cemetery activity for the year 2021. 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 2021. The report is on file with the Clerk’s Office.
  • The Fredonia Fire Department month of November 2021 report has been filed with the Clerk. A total of 150 calls were made with 33 being within the Town of Pomfret.
  • The Fredonia Fire Department month of December 2021 report has been filed. A total of 161 calls were made with 45 being within the Town of Pomfret.
  • The 2021 Annual Report for the Fredonia Fire Department has been filed with the Clerk. A total of 1,889 calls were made with 418 being within the Town of Pomfret.
  • The Pomfret Offices will be closed Monday, January 17, 2022 in observance of Martin Luther King Jr.

AUDIENCE CONCERNS
  • Linda Warner addressed the board and reiterated that the public hearing, when scheduled, for proposed zoning amendments be made available via zoom as well as in person. The procedure of a public hearing was outlined for Ms. Warner at the time any members of the public will be heard by the Pomfret Town Board in regards to the matter of the public hearing.

SUPERVISOR PACOS
  • Councilman Christy made a motion to authorize Supervisor Pacos to enter into the Host Community Agreement for the Rak Solar project located at 10277 Christy Rd., Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The 9824 Rt. 60, Rak Solar Application is still waiting for the applicant to submit documents so Chautauqua County Planning and Development can make their referral to the town for action on the special use permit.
  • The Lily Dale Assembly has made it to the next step in being designated as a historic district. The nomination is being forwarded to the ‘Keeper of the National Register’ in Washington D.C.
  • The salt barn at the highway barn was discussed and tabled for next month’s meeting.
  • Kevin Bliss, RIC Energy, was present to help with questions with a recent application submitted for a solar farm located at 10026 Farel Road. After a brief discussion, the board will take the time before the next meeting to review plans, speak with the code enforcement officer and report back at February’s meeting. There are questions about the set backs to neighboring properties. The board would like confirmation the project meets all zoning requirements.
  • Councilman Sedota made a motion to approve the following resolution. The motion was seconded by Councilman Christy and carried unanimously.
RPTL SECTION 467 AND 459-c RENEWAL
WHEREAS, the State of New York by executive order has provided that for the Tax Year 2022, an assessing unit may waive the mandatory renewal requirement for the exemptions provided under RPTL Section 467 and Section 459-c for the 2022 Assessment Roll by Board resolution, and
WHEREAS, the Town Board of the Town of Pomfret does desire to waive the in-person, mandatory renewal requirement,
it is RESOLVED that the Town of Pomfret does hereby opt to waive the mandatory renewal for the Real Property Tax exemptions under Section 459-c and Section 467 for the 2022 Assessment Roll.
  • The Town of Pomfret and Village of Fredonia will be receiving a delivery for covid test kits and masks from the Chautauqua County Health Department to distribute to the residents. The distribution will be Saturday, January 15th from 9:00-11:00A.M. outside of Pomfret Town hall. Residents will need to provide proof of residency.
  • Supervisor Pacos has been working with Sexton, Ann Renckens, in regards to the new section of Webster Cemetery. They would like to see the new section re-surveyed and pinned before selling any plots. As this project progresses, Supervisor Pacos will report to the board.
  • The NYS DOT held a public hearing for the widening of Rt. 60 between Lakeview Ave and Rt. 83 in the Town of Pomfret. This project will include widening the road and including a turning lane. The meeting was well attended and the project is moving forward.
  • Councilman Christy made a motion to approve the Agreement to Spend Town Highway Funds per Section 284 of the Highway Law as outlined by Highway Superintendent, Jude Gardner.  The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the highway superintendent to purchase a v-sander for the new F-550 in an amount not to exceed $7,560.00 from Cyncon in Rochester, New York. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to accept the Justice Court books for the 2021 fiscal year. Supervisor Pacos has given the board a copy of the reports for their review. The motion was seconded by Councilman Christy and carried unanimously.

COUNCILMAN CHRISTY
  • The street lighting upgrade within the town is moving forward. National Grid is proving new numbers for the project. One the new quote is received; Mr. Christy will report to the board.

COUNCILMAN SEDOTA
  • Mr. Sedota received an email from Mia Thompson in regards to Alzheimer’s support. It was requested to provide a link for residents on the town’s website. After careful consideration, it is not in the boards favor to provide an outside, unsecure, link on the town’s website. She has been advised to reach out to local health care facilities.

COUNCILMAN SCHAEFFER
-none-

COUNCILWOMAN ECKMAN
-Absent

HIGHWAY SUPERINTENDENT JUDE GARDNER
-Absent

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro stated he is working with the assessor on three tax grievances brought before the town. He will keep the board updated throughout the process of these court cases.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into 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 during the executive session. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:20P.M.

DULY MOVED by Councilman Sedota to exit the executive session and return to the regular town board meeting. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:43P.M.

With no further action before the board, Councilman Schaeffer made a motion to adjourn the Regular Town Board Meeting at 7:44P.M., seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

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