February 14, 2024 Regular Town Board Meeting Minutes
REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 14, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Deputy Supervisor Ann Eckman
Town Clerk Allison Vento
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: John Sedota
Adam Rak
Christopher Schaeffer
ABESENT: Supervisor Daniel Pacos
The Pledge of Allegiance was recited and led by Deputy Supervisor Ann Eckman to open the Regular Town Board Meeting.
DULY MOVED by Councilman Schaeffer to accept the minutes of the
January 10, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.
DULY MOVED by Councilman Rak to approve the payment of bills on abstract #2 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE
General Fund Town Wide $29,487.92
General Fund Part Town $10,417.50
Highway Fund Part Town $114,711.48
Berry Water District $358.24
Chestnut Water District $335.00
North End Water District $413.72
Lily Dale Water District $5,030.31
Lily Dale Sewer District $905.97
Capital Projects $184,360.00
Pomfret Fire Protection $339,487.00
Lily Dale Fire District $32,228.00
DULY MOVED by Councilman Sedota to approve the payment of bills on abstract #2-2 of 2024 in the amount of $41,136.52 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE
TOWN CLERK REPORTS
Total Amount Collected: $7,305,835.65
Total Fine & Surcharges: 3,982.00
Cases dismissed: 8
Total Fine & Surcharges: $3,289.00
Cases dismissed: 4
Total Fine & Surcharges: $8,642.00
Cases dismissed: 26
AUDIENCE CONCERNS
HIGHWAY SUPERINTENDENT JUDE GARDNER
DEPUTY SUPERVISOR ECKMAN
COUNCILMAN SEDOTA
COUNCILMAN RAK
COUNCILMAN SCHAEFFER
TOWN ATTORNEY PASSAFARO
DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:38 P.M., seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk
Deputy Supervisor Ann Eckman
Town Clerk Allison Vento
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: John Sedota
Adam Rak
Christopher Schaeffer
ABESENT: Supervisor Daniel Pacos
The Pledge of Allegiance was recited and led by Deputy Supervisor Ann Eckman to open the Regular Town Board Meeting.
DULY MOVED by Councilman Schaeffer to accept the minutes of the
January 10, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.
DULY MOVED by Councilman Rak to approve the payment of bills on abstract #2 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE
General Fund Town Wide $29,487.92
General Fund Part Town $10,417.50
Highway Fund Part Town $114,711.48
Berry Water District $358.24
Chestnut Water District $335.00
North End Water District $413.72
Lily Dale Water District $5,030.31
Lily Dale Sewer District $905.97
Capital Projects $184,360.00
Pomfret Fire Protection $339,487.00
Lily Dale Fire District $32,228.00
DULY MOVED by Councilman Sedota to approve the payment of bills on abstract #2-2 of 2024 in the amount of $41,136.52 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE
TOWN CLERK REPORTS
- Town Clerk Vento provided to the Pomfret Board the January 2024 report of monies collected. A total of $8,378.50 was collected. The report is on file with the Clerk’s Office.
- The tax report for January 8-February 6, 2024 (Penalty Free) is as follows:
Total Amount Collected: $7,305,835.65
- Pomfret Town Justice report for December 2023 is as follows:
Total Fine & Surcharges: 3,982.00
Cases dismissed: 8
- Pomfret Town Justice report for January 2024 is as follows:
Total Fine & Surcharges: $3,289.00
Cases dismissed: 4
- Pomfret Town Justice report for January 2024 is as follows:
Total Fine & Surcharges: $8,642.00
Cases dismissed: 26
- The Historian Report for February 2024 has been distributed to the board and is on file in the Clerk’s office.
- The Pomfret Town Hall Offices and Buildings will be closed Monday, February 19, 2024 in observance of President’s Day.
AUDIENCE CONCERNS
- Sarah Swinko, STW, addressed the board regarding the board considering adopting a resolution for Climate Change Adaptation and Resiliency Plan. Sarah has been working with Highway Superintendent Gardner on ways to help with extreme weather. The Board will review the information given and discuss at the March meeting.
- Adam Dimitri, Martha’s Vineyard Resident, addressed the board regarding two issues. Adam stated the neighborhood would like to be considered for moving their water supply to a supplier other than the Village of Fredonia. He stated the quality and reliability is of concern. He asked the board to explore other options for the Berry Road Water District while the board is moving forward with other water projects. Second, Adam addressed the lack of streetlights on Martha’s Vineyard Drive. He views this as a safety concern due to the number of families and town residents who use the road for walking, playing, and safety. The Town Attorney, Jeffrery Passafaro, stated he will work with Town Clerk Vento on how to proceed. Mr. Passafaro informed Mr. Dimitri this would be a cost to those on the street, not a town wide cost.
- Davie Willey, Pomfret Resident, addressed the board stating he is in favor of moving the town’s water supplier away from the Village of Fredonia. While he maintains his water system, the quality, reliability, and pressure are of concern. He has offered his help and expertise in any way to the town.
HIGHWAY SUPERINTENDENT JUDE GARDNER
- The Board received the January 2024 work report, and it is on file with the Clerk’s Office.
- Due to the mild winter weather, the Highway Department has been getting a head start on spring work.
- The salt barn construction will resume in the spring.
DEPUTY SUPERVISOR ECKMAN
- The board received the Pioneer Cemetery Geophysical Exploration Report from Terracon. This study was done to make sure no interred bodies would be near the restoration site of the cemetery wall located on East Main St. Terracon found no internments that would interfere with the work.
- Clark Patterson Lee submitted their proposal for engineering services for the Porter Road culvert project. As there were two proposals submitted, the board has tabled this decision until the March Meeting to review the proposals to each other to make the best decision for the Town.
- Councilman Schaeffer made a motion to amend the January 3, 2024 Organizational Meeting minutes to remove Dan Smith, Town Constable, and reflect the 2024 Constables as Tom Fisher, Patrick Ambrose, Douglas Bunge, and Jeffrey Nickerson. The motion was seconded by Councilman Rak and carried unanimously.
- Councilman Rak made a motion to accept the Town Justice Court Audits, conducted by Supervisor Pacos, with no items to be noted for the year 2023. The motion was seconded by Councilman Sedota and carried unanimously.
- Deputy Supervisor Eckman made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement for the solar project located at 9824 Rt. 60, Fredonia. The motion was seconded by Councilman Sedota, with Councilman Rak abstaining, the motion carried.
- Councilman Sedota made a motion to appoint Wendy Harrington as a part time Assessor Clerk at a rate of pay of $16.20 per hour, effective February 5, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Councilman Schaeffer made a motion to accept the resignation of Teresa Bunge as Deputy Town Clerk, Deputy Tax Collector, and Planning/Zoning Clerk, effective February 9, 2024, with regret. The motion was seconded by Councilman Rak and carried unanimously.
- Deputy Supervisor Eckman made a motion to appoint Wendy Harrington as Deputy Clerk/Tax Collector and Deputy Registrar at a rate of pay established in the 2024 Budget. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Deputy Supervisor Eckman made a motion to approve the loan resolution from USDA RD Community Facilities Program for the purchase of a grader for the Highway Department, accepting a grant of $175,000.00 and loan of $69,000(3.750%-15 years). The motion was seconded by Councilman Sedota and carried unanimously.
- Councilman Schaeffer made a motion to contribute $500.00, as budgeted in the 2024 Town Budget, to Festivals Fredonia for the Easter, Italian, Red, White, and Blues, Harvest Moon Cemetery Tours, and Miracle on Main Street Festivals for 2024. The motion was seconded by Councilman Rak and carried unanimously.
- Councilman Rak made a motion to contribute $175.00 to the Laona Easter Program, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
- The Town Board received a letter from Lily Dale Residents, Ken and Kelsey Urness, asking for some forgiveness on the water/sewer bill as they had an unknown leak in the rented apartment. A motion made by Councilman Schaeffer, seconded by Councilman Sedota, to deny any forgiveness on their water/sewer bill. The motion carried unanimously.
- Deputy Supervisor made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for application for Water Infrastructure Improvement Grant for the Chestnut Road Water District at a cost not to exceed $2,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
- Deputy Supervisor made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for the application for a Water Infrastructure Improvement Grant for the Berry Road Water District at a cost not to exceed $2,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Councilman Rak made a motion to authorize Supervisor Pacos to enter into an agreement with Clark Patterson Lee for the Preliminary & Final Design for Phase 2 of the North End Water District at a cost not to exceed $705,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
- Councilman Sedota made a motion to accept the proposal submitted by Deuel Archaeology & CRM for the State Historic Preservation Office Phase IA Survey for the North End Water Phase 2 District at a cost not to exceed $5,995.00. The motion was seconded by Deputy Supervisor Eckman and carried unanimously.
- The Town Board held a brief discussion regarding the water supplier for the upcoming Phase 2 and Phase 3 of the North End Water District. Natalie Whiteman and Jessica Weurstle were present from the Chautauqua County Health Department. Both representatives stated the Village of Fredonia does not have the capacity to supply the additional phases of the North End Water District and advised the town to seek an alternative source. The Town Board will have to make a decision within three months before going to bid. The discussion has been tabled for the March meeting, where Ms. Whiteman and Ms. Weurstle were invited back to answer any questions.
- Supervisor Pacos, Councilman Rak, and John Bell, met at the Lily Dale Wastewater Treatment Plant to discuss the upgrades necessary for the plant and the distribution lines. Eric Weis, Clark Patterson Lee, stated he will be visiting the site to give their opinion on the status. This will be placed on the agenda for the March meeting for further discussion.
- Councilman Schaeffer made a motion to authorize Deputy Supervisor Eckman to enter into an agreement with Hodson Russ as Bond Counsel Services to the Town pursuant to the terms set forth in the engagement letter, as presented. The motion was seconded by Councilman Rak and carried unanimously.
- Deputy Supervisor Eckman made a motion to appoint Jonathan Townsend, 8852 Glasgow Rd., as the alternate to the Pomfret Zoning Board, at a rate of pay established in the 2024 Organizational Meeting minutes. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCILMAN SEDOTA
- Councilman Sedota stated the next Solar Eclipse Meeting will be held on February 27th at 10:00A.M. at the Fredonia Fire Department Hall. Deputy Supervisor Eckman stated she spoke with Mr. Meyers requesting zoom be available as they can’t make the meeting due to their professional employment. Councilman Sedota stated he will follow thru to make sure the meeting is accessible by zoom.
COUNCILMAN RAK
- Councilman Rak visited the Lily Dale Wastewater Treatment Plant to discuss upgrades and also the town barns. He met with the department employees, toured the facility, and noted the department does a lot of impressive work in house to keep town costs down.
COUNCILMAN SCHAEFFER
- Councilman Schaeffer met with the Barker Library board and stated the town is still seeking a place for a new Town Hall and will keep them apprised with the progress.
TOWN ATTORNEY PASSAFARO
- Town Clerk Vento and Attorney Passafaro are working together on the Chapter 11 Bankruptcy filed by Rite Aid.
- Mr. Passafaro asked the board to be conscious of the obligation to the town by adopting the Climate Change Adaptation and Resiliency Plan.
DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:38 P.M., seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk