REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. January 09, 2019 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Deputy Supervisor Ann Eckman
PRESENT: Town Clerk Allison Dispense
Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS:
Christopher Schaeffer
John Sedota
Brett Christy
ABSENT: Supervisor Donald Steger
The Pledge of Allegiance was recited prior to the Organizational Meeting held at 6:00P.M.
DULY MOVED by Deputy Supervisor Eckman to accept the minutes of the December 12, 2018 Town Board Meeting. The motion was seconded by Councilman Christy and the motion carried.
DULY MOVED by Deputy Supervisor Eckman to accept the minutes of the December 27, 2018 Public Hearing Minutes-Pomfret/Fredonia Fire Contract. The motion was seconded by Councilman Christy and the motion carried.
DULY MOVED by Deputy Supervisor Eckman to accept the minutes of the December 27, 2018 Special Meeting Minutes. The motion was seconded by Councilman Christy and carried.
DULY MOVED by Deputy Supervisor Eckman and seconded by Councilman Schaeffer to approve the payment of bills as presented by the Town Clerk on Abstract # 13 of 2018. The motion was carried by a roll call vote.
Roll Call:
Supervisor Steger-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Deputy Supervisor Eckman-AYE
Abstract #13 of 2018
General Fund Town Wide $9,623.88
General Fund Part Town $253.97
Highway Fund Town Wide $150.40
Highway Fund Part Town $19,918.46
Berry Road Water District $58.05
Chestnut Road Water District $35.50
North End Water District $981.99
Lily Dale Sewer District $8,712.51
DULY MOVED by Deputy Supervisor Eckman and seconded by Councilman Sedota to approve the payment of bills as presented by the Town Clerk on Abstract # 1 of 2019. The motion was carried by a roll call vote.
Roll Call:
Supervisor Steger-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Deputy Supervisor Eckman-AYE
Abstract #1 of 2019
General Fund Town Wide $13,869.23
General Fund Part Town $17,224.50
Highway Fund Town Wide $5,545.23
Highway Fund Part Town $1,734.60
Berry Road Water District $11,834.26
Chestnut Road Water District $2,751.60
North End Water District $43,811.91
Rt. 20 Water District $115.00
Rt. 20 Sewer District $175.69
Rt. 60 Water District $7,633.24
Rt. 60 Sewer District $9,296.13
Lakeview Sewer District $132.14
Lily Dale Sewer District $26.06
Sewer District One $2,329.78
Sewer District Two $1,793.24
TOWN CLERK REPORTS- Pomfret Town Justices reports for December 2018 are as follows:
Justice Pulci Total Cases: 107
Total Fines & Surcharges: $8,875.00
Justice Dietzen Total Cases: 123
Total Fine & Surcharges: $11,457.00
- The annual Historian report for 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
- The annual Town Clerk report for 2018 has been distributed to the Town board.
- The annual Code Enforcement Officer report for 2018 is on file with the Clerk’s office and has been distributed to the Town Board.
- A reminder Town Hall will be closed on Monday, January 21, 2019 in observance of Martin Luther King Jr. Day.
DEPUTY SUPERVISOR ECKMAN
- Deputy Supervisor Eckman made a motion to approve the 2018 Town Justice Court books which have been reviewed by Supervisor Steger and have been accepted by the Pomfret Town Board. The motion was seconded by Councilman Christy and carried.
- Deputy Supervisor Eckman made a motion to adopt the following resolution establishing Energy Benchmarking requirements for certain municipal buildings for the Town of Pomfret. The resolution was seconded by Councilman Christy and carried by a roll call vote.
ROLL CALL:
Supervisor Steger: ABSENT
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: AYE
Deputy Supervisor Eckman: AYE
WHEREAS, buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and
WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Town of Pomfret is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and
WHEREAS, the Pomfret Town Board desires to use Building Energy Benchmarking - a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings - to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Pomfret; and
WHEREAS, the Pomfret Town Board desires to establish procedure or guideline for Town of Pomfret staff to conduct such Building Energy Benchmarking; and
NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted;
Building Energy Benchmarking POLICY/procedures1. DEFINITIONS (A) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.
(B) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.
(C) “Commissioner” shall mean the head of the Department.
(4) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Pomfret that is 1,000 square feet or larger in size.
(5) “Department” shall mean the Pomfret Town Board
(6) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.
(7) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.
(8) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.
(9) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.
(11) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.
(12) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.
(13) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.
2. APPLICABILITY (1) This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy.
(2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical.
3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than May 1, 2017, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.
(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year.
4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year:
(a) no later than September 1, 2017 and by September 1 of each year thereafter for Covered Municipal Buildings; and
(2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and
(b) For each Covered Municipal Building individually:
(i) The status of compliance with the requirements of this Policy; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and
(iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building.
5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.
6. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy.
(2) The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy.
(3) Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Pomfret Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy.
7. EFFECTIVE DATE This policy shall be effective immediately upon passage.
8. 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.
- Deputy Supervisor Eckman made a motion to adopt the following NYS Unified Solar Permit Application Resolution. The motion was seconded by Councilman Christy and carried by a roll call vote.
ROLL CALL:
Supervisor Steger: ABSENT
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: AYE
Deputy Supervisor Eckman: AYE
WHEREAS, the Town of Pomfret Board duly adopted the “NYS Fire Prevention and Building Construction” code to provide minimum requirements to safeguard the public safety; and
WHEREAS, the Town of Pomfret Code Enforcement Officer, who administers and enforces all provisions of the New York State Uniform Fire Prevention and Building Code, The New York State Energy Code, and the Town Code; and
WHEREAS, the Town of Pomfret requires the issuance of a building permit for the construction, enlargement, alteration, repair, removal, or demolition of any building or other structure; and
WHEREAS, the New York State Uniform Fire Prevention and Building Code regulates the design, construction, installation, alteration and repair of equipment and systems using solar systems; and
WHEREAS, the New York State Energy Research and Development Authority has developed a New York State Unified Solar Permit that reduces the cost for solar projects by streamlining municipal permitting processes; and
WHEREAS, the Town of Pomfret desires to promote the streamlining of the application process for small-scale photovoltaic system installations by adopting the New York State Unified Solar Permit application form and implementing the new procedures,
NOW, therefore be it Resolved, The Town of Pomfret Board hereby adopts the New York State Unified Solar Permit application form and procedures for the installation of small-scale photovoltaic systems, and it is further
RESOLVED, the Town of Pomfret Code Enforcement Officer is hereby directed to use said New York State Unified Solar Permit application and procedures in the issuance of building permits for the installation of small-scale photovoltaic systems; and it is further,
RESOLVED, any further actions required of the Town of Pomfret to affect the foregoing are hereby authorized and the Town Supervisor is hereby authorized to execute and deliver any instruments, documents or the like as required to affect the same.
- Deputy Supervisor Eckman made a motion to adopt the following resolution authorizing the Town of Pomfret to use landfill tipping credits for the demolition of the property located at 4627 West Main Road, Fredonia. The motion was seconded by Councilman Sedota and carried by a roll call vote.
ROLL CALL:
Supervisor Steger: ABSENT
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: AYE
Deputy Supervisor Eckman: AYE
WHEREAS, The Code Enforcement Officer has determined the property known as 4627 West Main Street, SBL # 129.00-3-43 is a blighted property and finding it is in a state of structural collapse and ordering its demolition as soon as possible; and
WHEREAS, the Chautauqua County Department of Real Property has a judgement of demolition to be completed by the Chautauqua County Land Bank Corporation utilizing grant monies from the New York State Office of Attorney General to cover demolition expenses incurred for a demolition and;
WHEREAS, the Town Board believes the current condition of the structure poses a danger to the health, safety, and welfare of the residents of the Town of Pomfret and it should be demolished as soon as possible; and
WHEREAS, the Town has Municipal Landfill Credits available for demolition and Derelict Structural Disposal through a shared services agreement with Chautauqua County; now therefore be it
RESOLVED, the Town Board authorizes the use of its available municipal landfill credits for the disposal of all waste and debris associated with the demolition of 4627 West Main Street, Fredonia, SBL # 129.00-3-43 to the Chautauqua County Landfill as per the Share Services Agreement.
- Deputy Supervisor Eckman made a motion to authorize Supervisor Steger to enter into an agreement for the Intermunicipal Cooperation Water Agreement between the Organizing Local Municipalities of the North Chautauqua Water District which include the Town of Portland, Village of Brocton, Town of Dunkirk and the Town of Sheridan. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Steger: ABSENT
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: AYE
Deputy Supervisor Eckman : AYE
- Deputy Supervisor Eckman brought the water/sewer rates for Pomfret Districts before the board for discussion. The rates and discussion were tabled to the February 13, 2019 meeting.
- Deputy Supervisor Eckman announced the Fredonia Chamber of Commerce will hold their annual meeting January 28, 2018 at Manning’s Fireside. Supervisor Steger is being awarded the “Community Service Award”.
COUNCILMAN SEDOTA- Councilman Sedota addressed the board regarding his “No” vote on the 2019 budget. He clarified he is not in favor of raising taxes. He did not feel it necessary or beneficial to argue during the budget workshops when he felt he was going to meet opposition from the rest of the board.
HIGHWAY SUPERINTENDENT JUDE GARNDER- Forest Hill Cemetery maintenance building was damaged by the recent winds. The tree which fell on the building has been removed. Superintendent Gardner is looking to obtain quotes to have the roof fixed.
- Highway Superintendent Gardner stated the Town has been denied for the grant application for a salt shed at the highway barns. He is pursuing additional avenues and will report back to the board.
- Councilman Christy made a motion, seconded by Councilman Schaeffer, pursuant to the provisions of Section 284 of the Highway law we agree that the monies levied and collected for the repair and improvements of highway, and received from the state for the repair and improvements of highways, shall be expended as follows: General Repairs in the sum of $150,000.00 may be expended for general repairs upon 56 miles of town highways including, cluicas, culverts, and bridges having a span of less than five feet and boardwalks or the renewals there of. The motion was carried by a roll call vote:
Supervisor Steger: Absent
Councilman Sedota: Aye
Councilman Schaeffer: Aye
Councilman Christy: Aye
Deputy Supervisor: Aye
- Councilman Christy made a motion to authorize Highway Superintendent Gardner to purchase two 2019 John Deer X590 Garden tractors. The Town will be trading in two 201 John Deere X540 tractors with 42” Mulch/Rear discharge decks. The amount for the trade in is $3,220.00 each. The amount for the two new tractors with the trade in values will be $5,940.00. Highway Superintendent Gardner has the permission to make the exchange with LANDPRO Equipment at state contract price #PC68131. The motion was seconded by Deputy Supervisor Eckman and carried unanimously.
- Highway Superintendent Gardner passed out to the board a preliminary work sheet for 2019. He has stated projects in which he wishes to complete and the estimated cost to do those projects.
DULY MOVED by Councilman Sedota, seconded by Councilman Christy to adjourn the Regular Town Board meeting at 6:56P.M. The motion carried.
Respectfully Submitted,
Allison Dispense
Town Clerk
