Town of Pomfret

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

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

                                              
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

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

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

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

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

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

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

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

TOWN CLERK REPORTS

• Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for February 2020. A total of $3,048.00 was collected. The report is on file in the office of the Town Clerk.
• Pomfret Town Justice report for February 2020 is as follows:

Justice Dietzen Total Cases:140
                        Total Fine & Surcharges: $9,865.00

                        Justice Pulci Total Cases:  158
                        Total Fine & Surcharges: $12,043.50

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

AUDIENCE CONCERNS

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

SUPERVISOR PACOS

• A motion made by Supervisor Pacos, seconded by Councilman Sedota to approve the following resolution.

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

• A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to adopt the following Local Law # 1 of 2020.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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


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

• 3 times the tower height radius.

4 times the tower height radius. 6 times the tower height radius.

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

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

            (13)   Completed Part 1 of the full EAF.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• A motion made by Supervisor Pacos, seconded by Councilwoman Eckman to amend the 2020 organizational meeting minutes to reflect a total of $8,500.00 for Tax Collection Personal Services and to pay personnel the following:

Penny Weigle                          $2,700.00
Martha Brown-Bashaw           $300.00          

• The board discussed the boundaries and status of Phase II of the North End Water District. It was determined Supervisor Pacos will reach out to engineers Clark Patterson Lee for recommendations on moving forward.
• Councilwoman Eckman made a motion to authorize the expenditure of $100.00 for the Annual Laona Easter Parade scheduled for April 11, 2020 at 10:00 A.M. The motion was seconded by Councilman Schaeffer and carried unanimously.
• Supervisor Pacos has distributed letters to Governor Cuomo, Kathy Hochul, Andy Goodell, and George Borrello expressing reconsideration of the 30-day budget amendment entitled “Accelerated Renewable Energy Growth and Community Betterment Act”.
• Councilwoman Eckman made a motion to authorize out of the appropriate budget line, $25.00 registration fee for the annual Partners in Kind Touch a Truck event scheduled for June 6, 2020 at the Chautauqua County Fair Grounds from 9:00 A.M. to 1:00 P.M. The motion was seconded by Councilman Christy and carried unanimously.
• The Town Board received the following letter from Planning Board Chairman, James Joy:

“On behalf of the Planning Board, after collaboration with the Zoning Board of Appeals and extensive deliberation the Planning Board hereby recommends the following for consideration:
The area along the east side of Route 60 from Route 83 extending approximately 2, 530 feet south to 9338 Route 60 (SBL: 148.00-1-8) at a depth of 500 feet from the edge of Route 60 eastward into each parcel be zoned B2 to conform with the current uses and to extend the existing B2 zone along Route 60 currently in place. This entails 8 parcels (6 landowners). The recommendation for the zoning change is being made as a result of:
-current commercial usage
-potential future use
-compliance with the recommendations of the Town of Pomfret Comprehensive Agricultural Protection Plan.
Thank you for your consideration regarding this recommended zoning change”

• Supervisor Pacos made a motion to appoint Heather Lesch, 4890 West Main Rd., Fredonia, to the vacancy created by the election of current Supervisor Pacos, to the Pomfret Planning Board with a term to expire 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
• Supervisor Pacos made a motion for the installation of two smoke detectors to the attic at Pomfret Town Hall, 9 Day Street by DFT Communications at a cost not to exceed $500.00. The motion was seconded by Councilman Christy and carried unanimously.
• The Chautauqua County Chamber wrote a letter of thanks to the Town of Pomfret for the support and contribution for the Small Business Revolution.
• Troy and Banks, Inc has contacted the Town of Pomfret to conduct an audit of the Cable Franchise fees. Supervisor Pacos received permission to share the town’s contract with the company.
• Supervisor Pacos was granted permission by the Town Board to write and send a letter to Mary E. LaRowe, President & CEO of Brooks-TLC Hospital in regards to the town’s support of a hospital being located within the Village of Fredonia.
• Supervisor Pacos notified the board he will be hosting a meeting with local officials regarding the safety on Route 60 in the Town of Pomfret. The date will be announced at a future time.

HIGHWAY SUPERINTENDENT JUDE GARDNER

• A report for the month of February 2020 was distributed to the board.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board meeting and enter into executive session for the purpose to discuss the employment history of a particular person, with no action to be taken. The motion was seconded by Councilman Sedota and carried. TIME: 7:43 P.M.

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

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

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

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


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

LOCAL LAW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Location and size of structures above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures. The zoning designation of the subject and adjacent properties as set forth on the official Town Zoning Map. 63 Proposed boundaries of the Wind Overlay Zone. To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed tower location equal to:

• 3 times the tower height radius.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AUDIENCE CONCERNS

• Gail Clark, Pomfret resident, questioned the purposed local law being available to the public. Town Clerk, Allison Vento, addressed her concern stating the purposed local law was available in the Clerk’s Office for review to any and all residents. The law was printed and placed in her office prior to the legal notice being published in the Observer on February 28, 2020. She also stated the public hearing notice was posted on the official website of the Town of Pomfret and the public bulletin board located in Town Hall. Mrs. Clark brought to the attention of the board the recommendation of the Chautauqua County Health Department for local municipalities to restrict IWTs (Industrial Wind Turbines) to a minimum of 1.5 miles from any property line and 35 or fewer decibels in sound frequency. To conclude Mrs. Clark’s comments, she thanked the board for brining the urgency to update the law within the Town of Pomfret.
• Lynn Bedford, Arkwright resident, informed the board she resides at the base of one of the windmills in the Town of Arkwright. Since the project commenced, she has suffered and experienced health issues due to the wind turbines placed near her residence. She’s urged the board to do their homework as some individuals have a sensitivity to electronics.
• Mark Twitchell, Fredonia resident, praised the board for their good effort and faith to protect the residents in the Town of Pomfret. He agrees with the Chautauqua County Health Department and their recommendations in regards to the 1.5 mile set back from any property line for the placement of an IWT (Industrial Wind Turbine). He also raised the concern of battery storage. He stated the containers are hazardous. He encouraged the board to enact a battery law for both wind turbines and solar.
• Rod Pennica, Fredonia resident, asked the board to consider adding language to the purposed law to protect residents who live next to individuals who have a large number of acres. He used the example of a property owner of 100 acres, a wind turbine can be placed at the edge of their property, furthest away from their home, but be in close proximity to their neighbor’s house. He also asked the board to consider the appraiser who is hired for a project, for it to be mutually agreed upon between both the contractor and the board.
• Karen Engstrom, Chautauqua Access, was present filming the public hearing. She is in favor of the local law purposed and felt it was a positive step for the Town of Pomfret. She distributed to the board a DVD titled, “Industrial Wind in Chautauqua County, Get Out While You Can, The Arkwright NY Wind Story”.

BOARD COMMENTS

• Councilman Christy gave thanks to the Planning Board for the efforts and recommendations for the purposed law. He is comfortable with the way the law is written and believes the town is being set up in a good way to protect the residents.

With no additional comments or concerns by the public, a motion was made by Supervisor Pacos, seconded by Councilwoman Eckman to close the public hearing at 6:51 P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, Town Clerk
 

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

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

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

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

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

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

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

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

TOWN CLERK REPORTS

• Town Clerk Vento provided to the Pomfret Board a report of monies received thru the Clerk’s Office for January 2020. A total of $7,843.40 was collected. The report is on file with Clerk Vento.
• Pomfret Town Justice report for January 2020 is as follows:

Justice Dietzen Total Cases:153
                        Total Fine & Surcharges: $11,373.00

                        Justice Pulci Total Cases:  111
                        Total Fine & Surcharges: $7,163.00

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

AUDIENCE CONCERNS
-none-

SUPERVISOR PACOS

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

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

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

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

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

NOW, THEREFORE,

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

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

BE IT FURTHER RESOLVED, that the Clerk of the Town of Pomfret is hereby directed to transmit five (5) certified copies of the foregoing resolution to the New York State Department of Transportation.

• A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to schedule a Public Hearing for proposed Local Law # 1 of 2020-WECS on March 11, 2020 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion carried unanimously.
• Councilman Schaeffer made a motion to appoint Thomas Fisher as Town Constable at a rate of pay as fees allowed by the State. The motion was seconded by Councilwoman Eckman and carried unanimously.
• Supervisor Pacos made a motion to accept the resignation, effective

February 28, 2020, of Kevin Muldowney, Pomfret Assessor with regret. The motion was seconded by Councilman Sedota and carried unanimously.

• Councilman Schaeffer made a motion to re-appoint Kevin Muldowney, as Pomfret Assessor, effective March 2, 2020 for the balance of the previous approved six-year term by the Pomfret Board. The motion was seconded by Councilman Sedota and carried unanimously.

• Councilwoman Eckman made a motion to approve the 2019 Town Justice Court books which have been reviewed by Supervisor Pacos and have been accepted by the Pomfret Town Board. The motion was seconded by Councilman Sedota and carried unanimously.

• Councilman Sedota made a motion to authorize the contribution in the amount of $1,000.00 to the Small Business Revolution. Them motion was seconded by Councilman Schaeffer and carried by a roll call vote.

ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota- AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
 

• Councilman Schaeffer made a motion to authorize the following Inclement Weather Policy and for it to be included in the Pomfret Employee Handbook. The motion was seconded by Councilman Sedota and carried unanimously.

Inclement Weather
The Town of Pomfret will make every effort to maintain normal work hours even during inclement weather, however, where extraordinary circumstances warrant, the decision may be made to close the offices.
Emergency Closing Policy
Although the Town will make every effort to remain open for business on scheduled workdays, there may be instances where conditions make it impossible to do so. These include, but are not limited to, severe weather, declared state of emergency, utility disruptions, natural disasters, and terrorist actions.
The Town will follow guidance as reported on the local news stations. If there is a TRAVEL BAN that would prevent an employee from getting to work, the employee should not report to work. If/when the travel ban is lifted, it is expected that the employees would then report to work within one hour of the ban being lifted. If there is a TRAVEL ADVISORY, employees must report to work. Employees unable to arrive to work on any such day will be charged one (1) day of vacation time.
This policy applies to all employees of the Town of Pomfret, with the exception of the Highway Department.

• Councilman Sedota made a motion to rescind a motion made by the Town Board on August 14, 2019 for a non-addressable fire alarm system thru DFT Communications in the amount of $2,515.95 with $25.95 per month for monitoring. The motion was seconded by Councilman Schaeffer and carried unanimously.
• Councilman Schaeffer made a motion to enter into an agreement for an addressable fire monitoring system valued at $3,199.95 with DFT Communications. The Town will pay a cost not to exceed $2,215.95 with $25.95 per month monitoring fee. The remainder of the fee will be covered by the Barker Library in the amount of $684.00. The motion was seconded by Councilman Sedota and carried unanimously.
• Councilwoman Eckman made a motion to enter into agreement with Bahgat & Laurito-Bahgat for bookkeeping services until December 31, 2020. The motion was seconded by Councilman Schaeffer and carried unanimously.
• Councilman Sedota made a motion to approve Drescher & Malecki, LLP for a one-year engagement to conduct an audit of the 2019 fiscal year of the Town of Pomfret, at a cost not to exceed $15,218.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
• Supervisor Pacos met with representatives from TLC Brooks Hospital and the Mayor of Fredonia regarding the relocation of the hospital. Supervisor Pacos stated the project is moving forward and will update the board when information is ready to be made public.

HIGHWAY SUPERINTENDENT JUDE GARDNER

• Councilwoman Eckman made a motion, seconded by Councilman Sedota, pursuant to the provisions of Section 284 of the Highway law, that the monies levied and collected for the repair and improvements of highway, and received from the state for the repair and improvements of highways, shall be expended as follows: General Repairs in the sum of $155,000.00 may be expended for general repairs upon 56 miles of town highways including, cluicas, culverts, and bridges having a span of less than five feet and board walks or the renewals there of. The motion carried unanimously.
• Highway Superintendent Gardner gave the board a monthly report of work completed for the month of January.
• The electronic car charging station at the highway barns has been completed and available for use.
• Supervisor Pacos made a motion to declare a Karav trailer, VIN#186UJ2080H000064 surplus and authorized Highway Superintendent Gardner to dispose of it properly and in favor of the Town. The motion was seconded by Councilman Schaeffer and carried unanimously.

 

• Supervisor Pacos made a motion to declare the Toshiba E Studio 205L printer/fax machine surplus and authorized Highway Superintendent Gardner to dispose of it properly and in favor of the Town. The motion was seconded by Councilwoman Eckman and carried unanimously.
• Highway Department employees have completed the Sexual Harassment training for the year 2020.
• Councilwoman Eckman made a motion to hire Tyler Haines, 235 Franklin Ave., Dunkirk as a full-time highway employee at a rate of $18.00 per hour effective 2/13/2020. The motion was seconded by Councilman Schaeffer and carried unanimously.
• The Brainard Road culvert will be replaced with help of Chautauqua County shared services.
• With the help of Soil & Water and Chautauqua County the Van Buren boat launch is going to be repaired before the new season starts. Chautauqua County is going to help dig and set the new rip rap.

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

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

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

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

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

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

                                              
COUNCILPERSONS:    John Sedota
                                      Brett Christy
                                      Ann Eckman
                                      Christopher Schaeffer            

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

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

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

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

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

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

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


TOWN CLERK REPORTS

• Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office. A total of $76,030.95 was collected in 2019. A copy of the report is on file with Town Clerk Vento.
• Pomfret Town Justice report for December 2019 is as follows:

Justice Dietzen Total Cases:110
                        Total Fine & Surcharges: $9,642.00

                        Justice Pulci Total Cases:  132
                        Total Fine & Surcharges: $10,257.00

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

February 15-19,2020. The motion was seconded by Councilman Christy and carried unanimously.

AUDIENCE CONCERNS
-None-

SUPERVISOR PACOS

• Supervisor Pacos made a motion to accept the quote from Gugino Pluming & Heating, Inc. of Fredonia in the amount of $4,106.00 for removing and disposing of two (2) toiles, two (2) lavatory sinks and one (1) drinking fountain; provide and install two (2) ADA toilets, two (2) wall-hung lavatory sinks, repair existing exhaust fan system, and provide and install a new drinking fountain. The motion was seconded by Councilman Christy and carried unanimously.
• The Town Board has authorized the Town Clerk to move forward with the RFP for an audit of the Town. All proposals are to be turned in to the Town Clerk’s Office by February 7, 2020 at 4:00 P.M.
• Supervisor Pacos informed the board he will be attending a meeting of the North County Water District and also will be meeting with Fredonia Mayor, Doug Essek, to work on collaborative efforts between the two municipalities.
• A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman to schedule a workshop meeting for February 6, 2020 at 5:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of discussion on open agenda items.

COUNCILMAN SCHAEFFER

• Councilman Schaeffer approached the subject of term limits for elected board members. He asked Attorney Passafaro to look further into this. After a brief discussion, it was decided to not investigate any further.

COUNCILMAN CHRISTY

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

COUNCILWOMAN ECKMAN

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

HIGHWAY SUPERINTENDENT JUDE GARDNER

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

TOWN ATTORNEY PASSAFARO

• Mr. Passafaro informed the board he has been working on the draft water agreement with the Village of Cassadaga for the Lily Dale Water District. Once this draft is ready it will be forwarded to the appropriate parties for review and negotiating. 

DULY MOVED by Councilman Christy to close the Regular Town Board Meeting at 7:32P.M. The motion was seconded by Councilwoman Eckman and carried.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

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

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

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

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

BOARD OF ASSESSMENT REVIEW 

The following members will continue to serve on the Board of
Assessment Review with their terms expiring as so stated and with
 the re-appointment of Roger Renswick to serve
on the Board of Assessment Review with the term expiring as
listed below:
Michaelene Comerford           9/30/2020
Harry Centner                         9/30/2021
Alan Shaw                              9/30/2022
Kirk Hutchinson                      9/30/2023
Roger Renswick                      9/30/2024

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

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

APPOINT DEPUTY TOWN CLERK(S) 

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

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

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

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

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

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

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

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

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

Town Hall personnel working a minimum of 35 hours per week
and all Highway Department employees working a minimum of 40 scheduled hours per week be eligible for sick leave, paid holidays, personal days, and vacations as follows:

SICK LEAVE
1.One (1) day earned per month, twelve (12) days earned per year.
2.After three (3) days, a doctor’s certificate is required.
3.Sick leave can be accumulated up to one hundred and sixty-five (165) days at full salary.

PAID HOLIDAYS
New Year’s Day                       Columbus Day
Martin Luther King Jr. Day 
President’s Day                      Veteran’s Day
Good Friday                            Thanksgiving & Day After
Memorial Day                        Christmas Day
July 4th                                                                                                                                                     Birthday  (Floating day with proper Labor Day                        notification and approved by Highway                                                     Superintendent for Highway employees.)
PERSONAL DAYS
Each eligible person shall receive (2) personal leave days per year.

VACATIONS
1. No paid vacation allowed during first full year.
2. After completing:
One full year                           One-week paid vacation /Five (5) days
Two full years                         One-week paid vacation /Five (5) days
Three & Four full years          Two weeks paid vacation /Ten (10) days
Five full years                         Three weeks paid vacation /Fifteen (15) days
Six full years                           Additional day /Sixteen (16) days
Seven full years                       Additional day /Seventeen (17) days
Eight full years                        Additional day/ Eighteen (18) days
Nine full years                         Additional day /Nineteen (19) days
Ten full years                          Additional day /Twenty (20) days
Maximum Paid Vacation        Twenty (20) Days

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

TOWN OF POMFRET INSURANCE BENEFITS

Any insurance benefits offered by the Town of Pomfret are subject to approval by the Town Board.  The grant of any employment benefit in these resolutions does not, nor is it intended to, create a contract. The Town Board reserves the right to amend, modify,
change, or cancel any such benefit.

HEALTH INSURANCE BENEFITS

1. No one except full-time employees or those who work more than thirty-five (35) hours a
week and retirees who were full-time employees of the Town for ten (10) years or more
are eligible for health insurance.

Effective January 1, 2014 all individuals eligible for and
participating in the Town’s health insurance plan, will be required
 to contribute ten percent (10%) of the annual premium cost of
health insurance.

2. Effective January 1, 2008, any new parttime elected officials,
whether elected or appointed, or parttime employees of The Town of Pomfret, hired after the effective date, may participate in the
plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. Effective January 1, 2008, no part time elected official retiring
after the effective date of this resolution will be eligible for any health insurance benefit at Town expense, but may participate in theplan by paying one hundred percent (100%) of the premium cost
without contribution from the Town of Pomfret.

4. The following resolution adopted November 8, 2006:
RESOLVED, that no post-retirement or post-employment health insurance benefits, shall be afforded to, or provided to, any employee of the Town of Pomfret hired after November 1, 2006, and be it further
RESOLVED, that the Town health insurance policy is so amended, and that the Town Employee Handbook and any other related document amended by this resolution shall be modified and amended as stated herein.

5. The Town of Pomfret has developed an Insurance Buyout policy
for eligible employees who choose to not take advantage of
Health Insurance offered by the Town.  No part time Employee or elected Official is entitled to participate in any buyout plan.

For eligible full time Employees, the annual buyout amounts shall
be as listed:
Active employees                   Retirees
$1500 Family/Double             $750
$750 Single

At age sixty-five (65) all retirees buyout amounts shall be reduced to $750
(double) and $375 (single) or participation in the Town financed
Senior Medicare program.

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

DENTAL INSURANCE

The following resolution adopted March 23, 1998 will remain in
 effect:

1. Those eligible for participation in the plan shall all be full time
 employees of the Town of Pomfret, the Highway Superintendent, and Town Clerk. The Town as the employer shall pay fifty percent
 (50%) of the annual premium and the eligible employee or Town
official shall pay fifty percent (50%) of the premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town of Pomfret may participate in the
plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. It is the policy of the Town Board of the Town of Pomfret to make eligible for dental insurance only active employees or officials and
no benefits shall be offered or extended nor shall this resolution
be in any manner construed to extend any benefit under this plan
to any retired or former Town employee or official.

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

VISION INSURANCE

The following resolution adopted March 23, 1998 will remain in
 effect:

1. Those eligible for participation in the plan shall be all full-time employees of the Town,
the Highway Superintendent, and the Town Clerk. The Town as the employer shall pay one hundred per cent (100%) of the annual
premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town of Pomfret may participate in the
plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.


3. It is the policy of the Town Board of the Town of Pomfret to make eligible for vision insurance only active employees or officials and no benefits shall be offered or extended nor shall this resolution
be in any manner construed to extend any benefit under this plan
to any retired or former Town employee or official.

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

CLOTHING ALLOWANCES (HIGHWAY DEPARTMENT EMPLOYEES)

The following motion adopted January 5, 2000, and amended
 November 8, 2000, will remain in effect:
The Town of Pomfret will provide a clothing allowance, including
steel-toed work shoes  or boots, of $150.00 per calendar year to all full-time Town of Pomfret Highway Department employees and the
 Highway Superintendent. To receive reimbursement
from the Town, the employee or Highway Superintendent must
 present an original paid invoice.

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

TOWN PROCUREMENT POLICY

The Town Procurement Policy establishing internal policies and
procedures governing all procurement of goods and services not subject to the bidding requirements of General Municipal Law
 Section 103, or any other law, originally adopted March 16, 1992, will remain in effect.

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

TOWN DEPOSITORIES

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

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

OFFICIAL NEWSPAPER AND POSTING LOCATIONS

The Observer is designated as the official newspaper for the Town
Pomfret Town Hall will serve as the posting location for notices as required by law.

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

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .58 per mile for Town
officials while on Town business, subject to Town Board approval.  Elected Officials will not be reimbursed for travel within the Town boundaries.

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

TOWN PLANNING BOARD

RATE OF PAY
The Town Planning Board Chairperson and members be paid $1,000.00 and $500.00 respectively for the year 2020, with each term expiring the second Wednesday in January of the year listed below and with the
reappointment of Robert Smith to serve on the Town Planning Board.
MEMBERS                 YEAR
Travis Eckstrom          2021
Janet Szymanski          2022
Vacancy                       2023
James Joy-Chairman   2024
Robert Smith               2025
DULY MOVED by Councilman Christy, seconded by Councilman Schaeffer and carried.

ZONING BOARD OF APPEALS

 RATE OF PAY
The Zoning Board of Appeals Chairperson and members be paid
 $1,000.00 and $500 respectively for the year 2020, with each term expiring the second Wednesday in January of the year listed
 below and re-appointment of Ray Lewandowski:

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

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

SUPERVISOR’S ANNUAL FINANCIAL REPORT

The Supervisor is directed to submit to the Town Clerk his annual financial report within ninety (90) days of the closed fiscal year,
and send a copy of the report to the State Comptroller,as required by Section 30 of the General Municipal Law.  The Town Clerk
shall cause summary of such report to be published within
ten (10) days after receipt thereof in the official newspaper of the Town of Pomfret. This report will be in lieu of the annual report
 due January 30, 2020.

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

TOWN INVESTMENT POLICY

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

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

TOWN BOARD MEETING DATE & TIME

The regular monthly meeting of the Pomfret Town Board is held
the second Wednesday of each month at the Town Hall, 9 Day
Street, Fredonia, New York at 6:30 PM, unless
otherwise notified.

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

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

POSTING OF ROADS

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

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

CEMETERY FEES

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

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

Foundations: Per Square Inch                           $.65
Minimum               $150.00(10”X12”)
Historical Research:    Minimum                       $25.00
                                    Per Hour                           $25.00

Forest Hill Storage Vault & Rental:
First 30 days                                                       $100.00
After 30 days/for additional 30 days             $20.00
Or portion thereof

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

EXPENDITURES BY HIGHWAY SUPERINTENDENT WITHOUT
PRIOR APPROVAL 

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

WHEREAS, it is determined by this board to be reasonable and
proper in the best interest of the efficient functioning of the
Highway Department, the Town Superintendent of Highways be
granted permission to purchase such items without its
prior approval, an amount not to exceed $3,000.00,

NOW THEREFORE BE IT RESOLVED, that the Town Superintendent of Highways be and is hereby authorized to spend an amount not in excess of $3,000.00 for the purchase of equipment, tools and
implements without prior approval of the board.

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

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

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

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

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

 LILY DALE SEWER DISTRICT ACCOUNTING SERVICES
The Town will contract with Bahgat & Laurito-Bahgat to provide accounting services
for the Lily Dale Sewer District for the year 2020 at a rate of
$500.00 for the year.

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

MUNICIPAL COOPERATION AGREEMENT FOR HIGHWAY
PROJECTS & MAINTENANCE

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

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

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

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

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

SUPERVISOR’S COMMITTEE APPOINTMENTS 

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

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

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

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

Allison Vento
Town Clerk