May 10, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. May 10, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                            Supervisor Daniel Pacos
                            Town Clerk Allison Vento
PRESENT:           Town Counsel Jeffrey Passafaro
                            Deputy Highway Superintendent Jeff O'Brien
                                               

COUNCILPERSONS:           John Sedota
                                                Christopher Schaeffer
                                                Ann Eckman
                                                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  
April 12, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Christy, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Christy to approve the payment of bills on abstract #5 of 2023. The motion was 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      $31,369.05
General Fund Part Town        $751.52
Highway Fund Part Town       $5,526.78
Berry Road Water District      $6,158.96
Chestnut Water District          $1,368.95
North End Water District        $73,182.89
Lily Dale Water District         $4,451.66
Rt. 20 Water District               $111.23
Lily Dale Sewer District         $13,665.25
Sewer District 1                      $1,571.11
Sewer District 2                      $1,181.56

DULY MOVED by Supervisor Pacos and seconded by Councilman Schaeffer to approve the payment of bills on abstract #2-5 of 2023 in the amount of $53,655.45 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to approve the following budget modifications.
GENERAL FUND TOWNWIDE
Modify 2023 adopted budget by Increasing Revenue Account A2770 Unclassified Revenue by $6,145 and by Increasing Expenditure Account A5182.4 Street Lighting Contractual by $6,145.
Adjust for receipt of National Grid LED Conversion Program Funds
Modify 2023 adopted budget by Increasing Revenue Account A4089 Federal Aid Other (ARPA) by $40,000 and by Increasing Expenditure Account A9961.9 Transfer to Other Funds by $40,000
Adjust to recognize ARPA funding used towards Salt Storage Building Capital Project

HIGHWAY FUND OUTSIDE VILLAGE
Modify 2023 adopted budget by Decreasing Revenue Account DB3501 CHIPS Funding by $7,144 and by Decreasing Expenditure Account DB5112.2 Improvements Capital Outlay by $7,144.
Adjust for actual 2023 funding allocations of CHIPS, Pave NY, Extreme Winter Recovery, and POP Programs


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the April
 2023 report of monies collected. A total of $4,402.40 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for April 2023 is as follows:
Justice Dietzen Total Cases: 111       
Total Fine & Surcharges: $10,410.10
Cases dismissed: 15               

                        Justice Cerrie Total Cases: 77
                        Total Fine & Surcharges: $ 4,770.00
                        Cases dismissed: 10               
 
  • The Monthly Historian Report for May 2023 has been distributed to the board and is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report for April 2023. The report is on file with the Clerk’s Office.
  • Zoning Enforcement Officer, Dave Penharlow, submitted his monthly report and is on file in the Clerk’s office. 
  • The Pomfret Town Hall and offices will be closed Monday, May 29, 2023 in observance of the Memorial Day Holiday.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the April 2023 monthly work report and it is on file with the clerk’s office.

AUDIENCE CONCERNS
-None

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the following resolution, seconded by Councilman Christy and carried by roll call vote.
USDA RURAL DEVELOPMENT COMMUNITY FACILITIES PROGRAM
WHEREAS, the Highway Superintendent of the Town of Pomfret has advised that an application should be made to USDA RD, to purchase certain street maintenance equipment, and
WHEREAS, the Town Board accepts the recommendation of the Highway Supervisor, to add needed vehicle and equipment for the Town forces to maintain Town roads, and
BE IT RESOLVED, that it is the intention of the Town of Pomfret to file a full application under the USDA Rural Development Community Facilities Program to purchase certain street maintenance equipment including a Freightliner 114 SD Cabin Chassis, with Henderson plow equipment and attachments, and it is further
RESOLVED, that the Town Board hereby authorizes the Supervisor and Town Clerk to execute all necessary application documents.


ROLL CALL VOTE:
Supervisor Pacos-Aye
Councilman Sedota-Aye
Councilman Schaeffer-Aye
Councilman Christy-Aye
Councilwoman Eckman-Aye
  • Councilman Eckman made a motion to schedule a Public Hearing on Wednesday, June 14, 2023 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. for the purpose of a proposed local law- Local law amending Local Law No.2 of the year 1995 entitled “the Zoning Law of the Town of Pomfret and amending Local Law No. 2 of the year 2014 adopting the Code of the Town of Pomfret. The motion was seconded by Councilman Christy and carried unanimously.
Section One-Purpose              The Town Board of the Town of Pomfret after review of certain provisions, and various circumstances that have arisen, desires to amend uses permitted in Large Lot Residential (R2) District.
Section Two-Authority           The Town Board hereby exercises the authority granted to it under the Town Law, General Municipal law, and Municipal Home Rule Law of the State of New York, to protect the health, safety, and welfare of persons and property, and further exercises its general police powers within the Town
Section Three- Amendment to Section 300-11 C, Uses by Special Permit
Uses permitted by Special Use Permit shall include Municipal office, building, complex
Section Four- Severability:     If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not effect, impair, or invalidate the remainder thereof, but shall be confined in it operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgement or order shall be rendered by a court of competent jurisdiction.
Section Five-Repeal:               Any Local Laws of the Town of Pomfret or Code section inconsistent with this Local Law are hereby deemed repealed.
Section Six- Effective Date:   This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.
  • Councilman Sedota made a motion to approve the request of the Fredonia Fire Department to allow the Volunteer Fire Department to conduct their Annual Fund Drive throughout the Village of Fredonia and Town of Pomfret Fire Protection District Number One during May, June, and September of 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to appoint Francesca Sysol, 21 Cleveland Ave., Fredonia as the Pomfret/Fredonia Recreation Department Director, effective March 13, 2023. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for the North End Water District Phase 3 for the application of Water Infrastructure Improvement Grant, Application for funding to the Drinking Water State Revolving Fund, and Fiscal Services. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Pomfret Town Board received correspondence from the Human Rights Commission of Jamestown.
  • Councilman Sedota made a motion to appoint Alexander Moon, 116 Chestnut St., Fredonia as an alternate to the Pomfret Zoning Board of Appeals. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to amend the Lily Dale Water rate, effective June 1, 2023 based on the increase budgeted by the Village of Cassadaga to $6.48 per 1,000 gallons. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Christy made a motion to amend the Town of Pomfret water and sewer rates, effective June 1, 2023, based on the increase enacted by the Village of Fredonia and the contract with the Town of Pomfret to $6.18 per 1,000 gallons for water and to $7.28 per 1,000 gallons for sewer. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Christy made a motion to adjust a Lily Dale Water District Customer, George and Mary O’Dell, account #174, 10 Third Street, Lily Dale, by $1,353.49 for their sewer charge based on a water leak. The total bill will now reflect a total of $878.59 for the first quarter of 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement for the Schofield Solar Project located at 5208 W. Main Rd., Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos updated the board on recent projects and their status.

COUNCIL REPORTS

COUNCILMAN CHRISTY
  • The LED conversion project for street lights in the Town of Pomfret is 100% complete.

COUNCILWOMAN ECKMAN
  • Festivals Fredonia has two events scheduled. The Italian Festival will be held June 17, 2023 at the Fredonia Beaver Club and the Fredonia Farm Festival will be held August 25-27, 2023.

COUNCILMAN SEDOTA
  • The monthly Fredonia Fire Department meeting was cancelled.
  • The Cannabis Committee will be meeting in the near future.

COUNCILMAN SCHAEFFER
  • The County Chamber is holding their annual membership fund drive. They are also working on updating and cleaning the information booth in Barker Commons for the upcoming summer.
  • The Fredonia Opera House is holding a meeting on Thursday, May 11, 2023.
  • The Annual Library Picnic will be held in August at Russel Joy Park.
  • The Village of Fredonia will be holding their annual Attic and Seller days June 2 and June 3, 2023.

TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Supervisor Pacos, seconded by Councilman Schaeffer to adjourn the Regular Town Board meeting to enter Executive Session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value. The motion carried unanimously. Time: 7:03P.M.
Executive Session began at 7:07P.M.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to close and exit the Executive Session and re-enter the Regular Town Board Meeting. The motion carried unanimously. Time: 7:45P.M.
 
  • Councilwoman Eckman made a motion to retain a Buyer Broker to provide a report and valuations on local buildings to be presented to the Town Board at a to be determined Special Meeting of the Pomfret Town Board. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Sedota adjourn the Regular Town Board Meeting at P.M. 7:46P.M. The motion was seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,        

Allison Vento, MMC/RMC
Town Clerk
 

April 12, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. April 12, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

COUNCILPERSONS:      John Sedota
                                         Christopher Schaeffer
                                        Ann Eckman
                                               

ABSENT:                 Brett Christy
                                Highway Superintendent Jude Gardner
                                               
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.

DULY MOVED by Councilman Schaeffer to accept the minutes of the  
March 8, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Sedota, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #4 of 2023. The motion was 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      $23,019.13
General Fund Part Town        $17,661.66
Highway Fund Part Town       $21,265.64
Berry Road Water District      $64.52
Chestnut Water District          $41.50
North End Water District        $59,886.37
Lily Dale Water District         $9,349.79
Rt. 20 Water                            $99.69
Lily Dale Sewer District         $33,003.94
Sewer District 1                      $.88
Sewer District 2                      $2.08
Capital Projects                       $151,843.53

DULY MOVED by Supervisor Pacos and seconded by Councilwoman Eckman to approve the payment of bills on abstract #2-4 of 2023 in the amount of $257,501.02 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the March
 2023 report of monies collected. A total of $13,263.80 was collected. The report is on file with the Clerk’s Office.
  • The March 1st thru April 3rd, 2023 Tax Report has been distributed to the Town Board and is on file with the Town Clerk. A total of $565,208.30 was collected with 245 bills processed.
  • Pomfret Town Justice report for February 2023 is as follows:
Justice Cerrie Total Cases: 85
Total Fine & Surcharges: 6,048.00   
Cases dismissed:         14       
  • Pomfret Town Justice report for March 2023 is as follows:
Justice Dietzen Total Cases: 135       
Total Fine & Surcharges: $10,781.00
Cases dismissed: 30               

                        Justice Cerrie Total Cases: 93
                        Total Fine & Surcharges: $ 7,579.00
                        Cases dismissed: 14               
 
  • The Monthly Historian Report for April 2023 has been distributed to the board and is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report for March 2023. The report is on file with the Clerk’s Office.
  • Zoning Enforcement Officer, Dave Penharlow, submitted his monthly report and is on file in the Clerk’s office. 
  • A motion by Supervisor Pacos to approve the IT quote from Synchronet at a cost not to exceed $1,800.00 per month. The motion was seconded by Councilwoman Eckman and carried unanimously.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the March 2023 monthly work report and it is on file with the clerk’s office.
  • Jeff O’Brien, Deputy Highway Superintendent, informed the board that the concrete blocks for the salt shed will be delivered in June.
AUDIENCE CONCERNS
-None

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to amend the Pomfret Employee Handbook to include the following for unused sick time. The motion was seconded by Councilman Schaeffer and carried unanimously.
Unused Sick Time-
Unused sick time may be acquired utilizing one of two options below. Written notification is required to the Town of Pomfret Supervisor prior to September 1st of the year prior to retirement from the Town of Pomfret. Unused sick leave banked from another municipality is not to be utilized in this employee benefit.

Option 1- Retired employees with a minimum of 10 full years of employment with the Town of Pomfret may elect to use unused sick time up to 165 days (1,320 hrs.) upon retirement for the continued health insurance coverage beyond their retirement with the Town of Pomfret utilizing the current provider’s insurance plan(s), chosen by the retired employee, from the conversion of unused sick days, by making payment of 100% of the premium. Payment shall be paid by the town using the retiree’s converted sick time accruals described below (*) until the amount is exhausted. In the event of a retired employee passing away prior to available funds being used the amount remaining shall be immediately forfeited to the Town. Any remaining balance shall not be passed on to his/her estate, surviving spouse or, other dependents of the deceased retiree. Once the retiree’s accruals are gone it will be the retiree’s responsibility to make full payment to the insurance provider to continue their coverage in their insurance plan.
* The benefit shall be calculated in the following manner
-All hourly employees’ current hourly rate of pay upon retirement, multiplied by the employee’s current number of sick hours in the books (max 1,320 hrs.)
Or,

Option 2- Retired employees with a minimum of 10 years of employment with the Town of Pomfret may elect to use accrued sick time up to 82 days (656 hours) to exchange for a payment paid to the employee. Payment shall be calculated as described below (**). The payment shall be paid on the next pay cycle upon retirement.
                ** The benefit shall be calculated in the following manner
       -All hourly employees’ current hourly rate of pay upon retirement, multiplied by the employee’s current number of sick hours in the books (max 656 hrs.)
  • Councilman Schaeffer made a motion to approve the Host Community Agreement between the Town of Pomfret and Pomfret II PV, LLC. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to appoint Robert Dando, Fredonia-Stockton Rd., to the Pomfret Planning Board with a term to expire 2026. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve the following resolution. The motion was seconded by Councilwoman Eckman and carried unanimously.
TOWN OF POMFRET
RESOLUTION FOR STANDARDIZED PARTS AND MATERIALS-VAN BUREN WATER DISTRICT
WHEREAS, the Town of Pomfret established and operates the Van Buren Water District in said Town, which furnishes public water to part of the Town of Pomfret, and
WHEREAS, the Van Buren Water District in the Town of Pomfret purchases water from the North Chautauqua Water District, and participates in CBI Water Management and Operations, so that it would be prudent, economical, and more efficient to standardize certain parts, equipment, supplies, and materials used in said Water District,
NOW THEREFORE, ON Motion of Councilman Sedota, seconded by Councilwoman Eckman, it is
RESOLVED that the Town Board of the Town of Pomfret determines and authorizes the use of standard parts, equipment, supplies, and materials required for the current 202-b Project in the Van Buren Water District, together with ongoing operation and maintenance of said existing Van Buren Water District facilities and equipment, and it is further,
RESOLVED that the parts, equipment, supplies, and materials as described and recited on the attached list to this Resolution is hereby determined as the standard parts, equipment, supplies, and materials for purchase and use by the Town in the Van Buren Water District, and it is further,
RESOLVED that the parts, equipment, supplies, and materials list may be modified in the future by this Town Board as it deems appropriate upon advice of engineering consultants, and that said list, as from time to time amended, will control and authorize standardized purchasing and use in said Van Buren Water District in the Town of Pomfret.
RESOLUTION Adopted, all present voting AYE.
Standardized Parts, Equipment, Supplies, and Materials
Water Meters
Neptune Meter
Water Meter shall be a 5/8  inch Neptune Model T-10 meter with E-Coder register (water proof) and R900RF endpoint AMR/AMI encoder
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to sign an amended agreement with Clark Patterson Lee for the design related to the Van Buren Water District at a cost not to exceed $14,575.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the waiver of 30-day notification on behalf of Advanced Production Group, LLC dba Van Buren Drive- In and Activity Center located at 5349 Van Buren Road for the application of Wine, Beer, and Cider at a retail Bar/Tavern. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to declare the week of April 30-May 6, 2023 as Professional Municipal Clerks Week. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to appoint Caryn Tresler as Deputy Town Clerk at a rate of pay of $16.20 per hour effective December 1, 2022. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to declare the following items surplus and for the town to dispose or sell at their discretion for the benefit of the residents of the Town of Pomfret. The motion was seconded by Councilwoman Eckman and carried unanimously.
HP1502 Monitor, HP Laserjet 1300 Printer, Netgear switch, D-Link ethernet Router, Polaroid impulse camera, Netgear Prosafe FvS318G, Kodak Advantix 3700ix camera, Hanimex 110 Electronic Flash camera, Panasonic video camera, (2) hard drives, HP Laserjet P2015dn printer, HP PSC 1315 all in one printer, (4) adding machines, (3) Dell monitors, Battery backup, (2) Dell towers, CompacQ Keyboard & Mouse, (4) office chairs,  Inspiron 2650 Laptop, T05 Stereo, Assessor Type writer table, Type Writer, Assessor’s Desk, Assessor (4) Cameras, Assessor Clock radio, Assessor Texas Instrument Adding Machine
  • Supervisor Pacos received correspondence from Chautauqua County Agricultural and Farmland Protection Board regarding the newly developed Agricultural Impact Assessment Form. The board is awaiting answers and clarification on the grading of each project. Supervisor Pacos will report back to the board with their replies.
  • The widening of Route 60 is underway. They are widening the road and making a center turning lane. Work is expected to be completed December of this year. 
  • The Town of Pomfret has paid the Village of Fredonia for past due balances on their water/sewer accounts. It is expected the Village of Fredonia will pay what they owe to the town and both municipalities can move forward.
  • After a discussion, the Town of Pomfret is going to reach out to the Village of Fredonia regarding a handful of properties they are billing for sewer, although not being in a Town of Pomfret Sewer District. The Town is willing to expand these sewer districts to include in future billing but feel the best option is to have the Village bill these customers their sewer.
  • Pomfret Board Members are invited to attend the Annual Chautauqua County Worker’s Memorial being held May 6, 2023 at 11:00A.M. at Erlandson County Park in Frewsburg.

COUNCIL REPORTS:

COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota attended the Fredonia Fire Department meeting where the need for volunteers was discussed. Mr. Sedota will attend the meetings every other month.

COUNCILMAN SCHAEFFER
  • The Fredonia Opera House Annual 5k Run will take place April 23rd at 9:00A.M.
  • The Bach and Beyond series will take place at the Opera house June 9-11, 2023.
  • The County Chamber is holding Business After Hours Thursday, April 13, 2023 at the Pearl City Hops in Jamestown.
  • The Fredonia Chamber is open to taking recommendations for the Business of the Year.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman thanked the Fredonia Fire Department for their service and keeping our residents in the Town of Pomfret safe.
TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:29P.M., to enter into Executive Session for the purpose of a potential contract which if disclosed would hinder the bargaining position for the Town with no action to be taken. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Sedota to close the Executive Session and enter back into the Regular Town Board Meeting for the purpose of adjourning at 8:01P.M. The motion was seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,        

Allison Vento, MMC/RMC
Town Clerk
 

March 8, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. March 8, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

COUNCILPERSONS:           John Sedota
                                                Christopher Schaeffer
                                                Ann Eckman
                                                Brett Christy

                                               
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting followed by a moment of silence for passing of Town of Dunkirk Supervisor, Richard Purol.

DULY MOVED by Councilwoman Eckman to accept the minutes of the  
February 8, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Christy, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Schaeffer to approve the payment of bills on abstract #3 of 2023. 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      $22,151.82
General Fund Part Town        $592.66
Highway Fund Part Town       $33,426.49
Berry Road Water District      $64.82
Chestnut Water District          $41.50
North End Water District        $427.02
Lily Dale Water District         $5,089.41
Lily Dale Sewer District         $5,259.21
Capital Projects                       $9,679.50

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #3-3 of 2023 in the amount of $61,305.29 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the February
 2023 report of monies collected. A total of $16,663.40 was collected. The report is on file with the Clerk’s Office.
  • The February 4th thru 28th, 2023 Tax Report has been distributed to the Town Board and is on file with the Town Clerk. A total of $1,108,687.11 was collected with 673 bills processed.
  • Pomfret Town Justice report for January 2023 is as follows:
Justice Dietzen Total Cases:   87
                        Total Fine & Surcharges:       $6,498.00
                        Cases dismissed:                     14

                        Justice Cerrie Total Cases:     100
                        Total Fine & Surcharges:       $7,999.00
                        Cases dismissed:                     22
  • Pomfret Town Justice report for February 2023 is as follows:
Justice Dietzen Total Cases:   106
Total Fine & Surcharges:       7,338.00
Cases dismissed:                     25

                        Justice Cerrie Total Cases:     No report given
                        Total Fine & Surcharges:      
                        Cases dismissed:                    
 
  • The Monthly Historian Report for March 2023 has been distributed to the board and is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report for February 2023. The report is on file with the Clerk’s Office.
  • The Pomfret Offices and buildings will be closed Friday, April 07, 2023 in observance of Good Friday.
  • A motion made by Councilwoman Eckman to approve the request of Town Clerk Vento to attend the NYSTCA Annual Conference, April 23-26, 2023, as budgeted. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilman Christy to approve the request of Town Clerk Vento to attend the IIMC Annual Conference May 14-18, 2023, as budgeted. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Annual Water Quality Report has been submitted to the County. Once approved, it will be posted on the Town’s website and the bulletin board.
  • The Dog Control Officer is requesting quarterly mileage reimbursement. After discussion with the board, they agree the Dog Control Officer will submit monthly mileage reports for reimbursement.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the February 2023 monthly work report and it is on file with the clerk’s office.
  • A motion made by Councilman Schaeffer to authorize the purchase of a New Holland Tractor at a cost not to exceed $100,574.00, off of Sourcewell bid #110719 CNH. The motion was seconded by Councilman Sedota and carried unanimously.
  • Highway Superintendent Gardner distributed a Highway Inventory List.
 
  • Councilman Christy made a motion to declare the following surplus as no longer needed by recommendation of Highway Superintendent, Jude Gardner, and to accept the proposal from the Town of Portland to purchase said surplus items at a cost not to exceed $2,849.66. The motion was seconded by Councilwoman Eckman and carried unanimously.
Surplus Items:
1 Spindle      2 Bearings Cup                       2 Chains
6 Blades       18 Spacers                               2 Lockwasher
2 Bearings   19 Nuts and 27 Bolts              2 Bearing Lock Washer
2 Seals        2 Lock nut                               1 Sprocket Spline
1 Sprocket Key
 
  • A motion made by Councilman Schaeffer to approve the following as seasonal highway employees of the Town of Pomfret at the budgeted rate of pay for 2023. The motion was seconded by Councilman Sedota and carried, with Supervisor Pacos abstaining.
Russell Conti, 3622 Rt. 83, Fredonia
Bob Siragusa, 175 Gardner St., Fredonia
Jim Lemanski, 74 Risley St., Fredonia
Aaron Pacos, 110 Johnson St., Fredonia
Andrew Field, 3509 Webster Rd., Fredonia
Dominick Mangus, 132 W. Fourth St., Dunkirk
  • Councilwoman Eckman made a motion to authorize the Pomfret Highway Superintendent to send a designated highway employee to schooling for their Class C Water license and necessary Wastewater license at a cost to the water and sewer districts. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to authorize under the Town’s Procurement policy the work by S. St. George Enterprises, Inc. for the necessary and required emergency replacement of approximately 30lf of 6” SDR 35PVC pipe of the existing sanitary manhole in Lily Dale at a cost not to exceed $6,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, The Town of Pomfret has an emergency repair in the Lily Dale Sewer District which has been authorized by the Pomfret Town Board, and
WHEREAS, there are additional items for repair as outlined in the quote from S. St. George Enterprise, Inc dated March 6, 2023 and is more economical to conduct the necessary repairs while the ditch is open and done at the same time of the emergency repairs,
NOW THEREFORE BE IT RESOLVED,
The Pomfret Town Board authorizes the additional, necessary work of installing approximately 250lf of 6”SDR 35 PVC Sanitary Sewer pipe from the existing manhole and installation of a new sanitary manhole at the end of the 250’ section of new PVC storm sewer at a cost not to exceed $26,250.00.

AUDIENCE CONCERNS
  • Miriam Washington and Heidi Sobecki, Pomfret Court Clerks addressed the Board regarding the sick time policy. After a discussion, the board has agreed to discuss and bring forth a resolution to the April meeting.
SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to accept the Justice Court books for the 2022 fiscal year. Supervisor Pacos has given the board a copy of the reports for their review and are on file with the Pomfret Town Clerk. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to approve the following resolution, seconded by Councilman Schaeffer and carried unanimously.
AUTHORIZATION FOR REPRESENATIVE TO EXECUTE GRANT AGREEMENT
WHEREAS, the Town of Pomfret has received an Engineering Planning Grant for the upgrades and expansion of their sewer district, and,
WHEREAS, the Town of Pomfret must authorize a representative to execute documents and agreements for this EPG Grant and,
NOW THEREFORE BE IT RESOLVED,
That the Supervisor and Town Clerk of the Town of Pomfret are authorized to execute a Grant Agreement with the NYS Environmental Facilities Corporation and any all other contracts, documents, and instruments necessary to bring about the project and to fulfill the Town of Pomfret’s obligations under the Grant Agreement.
  • Councilman Sedota made a motion to approve the following resolution, seconded by Councilman Christy and carried unanimously.
AUTHORIZATION AND APPROPRIATION OF LOCAL MATCH
WHEREAS, the Town of Pomfret is required to provide Local match at a minimum of 20% of the EPG grant award, and
NOW, THEREFORE BE IT RESOLVED,
THAT THE Town of Pomfret authorizes and appropriates a minimum of 20% local match as required by the Engineering Planning Grant Program for the Project No. 121216, The public Sewer System Expansion Study Project. Under the EPG Program, this local match must be $6,000.00/20% of the EPG grant award of $30,000.00. The source of the local match and any amount in excess of the required match, shall be from district funds. The maximum local match shall not exceed $36,000.00 based upon a total estimated maximum project cost of $36,000.00. The Pomfret Town Supervisor may increase this local match through the use of in-kind services without further approval al from the Town of Pomfret Town Board.
  • A motion made by Councilman Schaeffer to accept the resignation, with regret, of Travis Eckstrom, Pomfret Planning Board, effective February 10, 2023. The motion was seconded by Councilman Sedota and carried unanimously.
  • A motion made by Councilwoman Eckman to appoint David Penharlow as the Zoning Enforcement Officer at rate of pay stated in the 2023 Budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to approve the following resolution on recommendation of the project engineer, seconded by Councilman Christy and carried by roll call vote.
LILY DALE WATER DISTRICT PROJECT
PROJECT COMPLETION RESOLUTION

            WHEREAS, the Town of Pomfret has substantially completed construction of their Lily Dale Water District Project; and

            WHEREAS, the Town Board of the Town of Pomfret received notice of final completion for their Lily Dale Water District Project; NOW, therefore be it

            RESOLVED, that the Town Board of the Town of Pomfret accepts the Lily Dale Water District Project as complete and authorizes final payment to the contractors.
           
BE IT FURTHER RESOLVED, that the Town Board of the Town of Pomfret hereby states an operator appropriately licensed by New York State has been retained to oversee operation of the water system. Michael Riforgiato License# NY0040965 and Leanne FaBrizio NY0043156.
ROLL CALL:
Supervisor Pacos                     AYE
Councilman Sedota                AYE
Councilman Schaeffer             AYE
Councilman Christy                AYE
Councilwoman Eckman          AYE
 
  • Councilman Christy made a motion to approve the following resolution, on recommendation of the project engineer, seconded by Councilman Schaeffer and carried by roll call vote.
            WHEREAS, the Town of Pomfret has received funding from Rural Development for their Lily Dale Water Project (“Project”); and

            WHEREAS, the Town Board wishes to adjust project budget items to more accurately reflect actual costs and;

            WHEREAS, Rural Development requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E; NOW, therefore be it

            RESOLVED, that the Town Board of the Town of Pomfret authorizes the following Budget modifications for the Project:

Local Counsel                            Increase of           $1,667.65
Bond Counsel                            Decrease of            8,762.63
Net Interest                                Increase of          78,915.17
Single Audits                             Decrease of          17,718.00
Miscellaneous                             Decrease of               797.54
Direct Expenditures                   Increase of             3,319.04
Roll Call Vote:
Supervisor Pacos                     AYE
Councilman Sedota                AYE
Councilman Schaeffer            AYE
Councilman Christy                AYE
Councilwoman Eckman          AYE
 
  • Councilman Sedota made a motion to approve the following resolution, seconded by Councilwoman Eckman and carried unanimously.
US Department of Agriculture
Rural Utility Service
Legal Services Agreement Amendment
This is an amendment to the Legal Services Agreement made May 8, 2019, between the Town Board, Town of Pomfret, Chautauqua County, New York, hereinafter referred to as Owner, and Jeffrey G. Passafaro, Attorney at Law, of Foley, Foley & Passafaro, hereinafter referred to as Attorney.
WHEREAS, said Legal Services Agreement referenced above concerned the Lily Dale Water District, a special District under Article 12 of the Town Law of the State of New York in the Town of Pomfret, Chautauqua County, New York, and
WHEREAS, the District has incurred additional legal expenses over and above the compensation set forth in the Agreement previously entered into.
NOW, THEREFORE, the parties do hereby amend said Agreement as follows:
The hourly rate for District work performed by Attorney for Owner in the year 2022 was One Hundred, Seventy-Five ($175.00) Dollars per hour, and in the year 2023, One Hundred Eighty-Five ($185.00) Dollars per hour.
The total fees for the project will next exceed Ten Thousand ($10,000.00) Dollars. Said fees are to be payable as invoiced on a quarterly basis, reviewed, and audited by the Town Board.
Except as amended herin, the other terms and conditions of the Legal Services Agreement remain in full force and effect and shall continue.
  • A motion made by Councilman Schaeffer, seconded by Councilman Sedota to approve the Amendment to Owner-Engineer Agreement as presented to reflect a total cost of $348,234.06.  The motion was carried unanimously.
  • Councilman Christy made a motion to approve Clark Paterson Lee for engineering services for Water and Wastewater System Projects. The motion was seconded by Councilwoman Eckman and carried unanimously.

  • A motion made by Councilwoman Eckman to authorize the placement of an unpaid intern in the Assessor’s office, given to Jay Casey of Fredonia State University, for course credit, effective the week of March 13, 2023. The motion was seconded by Councilman Christy and carried unanimously.
  • Meals on Wheels has invited members of the Town of Pomfret to volunteer to help deliver meals to those in the community.
  • The pre-closing for the Lily Dale Water District meeting has been set for March 20, 2023 at 10:30A.M. at Pomfret Town Hall.
  • Supervisor Pacos and Councilman Schaeffer attended the Ground Breaking Ceremony for the Rak Solar Projects.

COUNCIL REPORTS:

COUNCILMAN CHRISTY
  • Mr. Christy stated the LED conversion of street lights is under way and around 75% complete.

COUNCILMAN SEDOTA
  • The Cannabis meeting has been rescheduled.
  • Mr. Sedota attended the Fredonia Fire Department meeting and discussion on the need for volunteers was had. In the future, the department may be attending a meeting to further discuss tax relief to those who are volunteers.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the library meeting and stated they are collaborating with the Fredonia Opera House for the use of space when there is overflow from events held at the Darwin R. Barker Library.
  • The Annual Report for the Library was distributed to the board.

COUNCILWOMAN ECKMAN
  • Festivals Fredonia is holding the Fredonia Easter Festival on April 1, 2023 at the Grange from 8:00A.M.-1:00P.M.

TOWN ATTORNEY PASSAFARO
  • The Town has one Article 7 case ongoing.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 7:59 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,        

Allison Vento, MMC/RMC
Town Clerk
 

February 8, 2023-Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 8, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

COUNCILPERSONS:      John Sedota
                                        Christopher Schaeffer
                                         Ann Eckman

ABSENT:                      Brett Christy
                                    Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the January 11, 2023 Annual Organizational Meeting Minutes with the amendment of adding Michaelene Comerford to the Board of Assessment Review with term expiring 2025. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the  
January 11, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Sedota, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #2 of 2023. The motion was 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      $19,091.96
General Fund Part Town        $17,166.33
Highway Fund Part Town       $224,039.95
Berry Road Water District      $269.47
Chestnut Water District          $246.33
North End Water District        $1,068.21
Lily Dale Sewer District         $657.21
Capital Projects                       $29,519.18
Lily Dale Fire Protection        $32,228.00
Pomfret Fire Protection          $348,712.00

DULY MOVED by Supervisor Pacos and seconded by Councilwoman Eckman to approve the payment of bills on abstract #2-2 of 2023 in the amount of $267,314.86 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the January 2023 report of monies collected. A total of $11,276.30 was collected. The report is on file with the Clerk’s Office.
  • The January 5 thru February 3, 2023 Tax Report has been distributed to the Town Board and is on file with the Town Clerk. A total of $6,557,482.52 was collected with 4,043 bills processed.
  • The Monthly Historian Report for February 2023 has been distributed to the board and is on file in the Clerk’s office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report for January 2023. The report is on file with the Clerk’s Office.
  • The Pomfret offices and buildings will be closed Monday, February 20, 2023 in observance of President’s Day.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the January 2023 monthly work report and is on file with the clerk’s office.

SUPERVISOR PACOS
  • A motion made by Councilman Sedota to accept the resignation of Kayla Sullivan, Pomfret/Fredonia Recreation Director, effective February 12, 2023 with regret. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Schaeffer to accept the resignation of Jason Luce, Pomfret Zoning Enforcement Officer, effective January 26, 2023 with regret. The motion was seconded by Councilman Sedota and carried unanimously.
  • A motion made by Councilwoman Eckman to approve the amended pay rates, retro effective for January 1, 2023, for the Court Clerk 1 and Court Clerk 2 to, $18.38 and $16.76 per hour respectively; Cemetery Laborer Supervisor to $16.76 per hour; and Deputy Inspection Officer to $16.00 per hour.  The motion was seconded by Councilman Schaeffer and carried unanimously.
  • A motion made by Councilman Schaeffer to approve the appointment of Michael Riforgiato and Leanne Fabrizio, effective January 31, 2023 as Lily Dale Water District Operators, both having their Class C Water License, at a rate of pay of $20.00 per hour for the water testing and chlorination, with the District being responsible for their licenses, training, and certification. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos sent a letter of support for a grant being submitted by Lisa Ippolito for the installation of art at the Russel Joy Park.
  • Councilman Sedota made a motion to approve the request of using Town roads to Wilson Endurance Sports for events taking place within the Town of Pomfret in 2023 with the request of the board to add additional persons for road safety on Glasgow Road and Certificate of Insurance on file with the Town Clerk. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilwoman Eckman to approve the contract with Municipal Solutions for Town Hall improvements in an amount not to exceed $158.00 per hour. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • A motion made by Councilman Schaeffer to approve the spending of $150.00 for the Laona Easter Hunt, with receipts provided of items purchased. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos publicly thanked Highway Superintendent, Jude Gardner, and Former Pomfret Highway Superintendent, James Oakes, for their help in determining water lines on Rt.20 and Rt. 60.
 
  • L2 Engineering has informed the board the engineering firm will not be able to handle the scope of work for the improvements to the Lily Dale Wastewater Treatment Plant. Supervisor Pacos will put out a Request for Proposals for the work to be completed with RFP’s due to the Town of Pomfret Clerk by February 28, 2023.
  • The Pomfret Town Board and Elected Officials have been invited to the ground braking event for the Rak 1 and 2 Solar Projects on March 1, 2023.

COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota will be attending the Cannabis Committee meeting on February 27, 2023.
  • Mr. Sedota attended the Fredonia Fire Department Meeting where the discussion of the need for volunteers is still an issue. Mr. Sedota was asked by the Fire Department if the Town would be willing to consider a 10% exemption on taxes for Volunteer Firefighters. A discussion was had with no decision on if the Town would honor this request.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Fredonia Chamber meeting. The White Inn has completed the demo portion of the renovation project. He stated it is moving forward as planned.
  • The Barker Library will be receiving quotes on duct cleaning and the 2023 Annual Report is almost complete. Once it is completed, Mr. Schaeffer will be distributing to the Town Board. Councilwoman Eckman praised the Board of the Library for being so active and brining new ideas and events to the community.

COUNCILWOMAN ECKMAN
  • Councilman Schaeffer made a motion, seconded by Councilman Sedota to amend the Pomfret Employee Handbook Bereavement Policy and Sick time Policy to state:
*An employee will be allowed up to three (3) days of paid leave in the event of the death of persons in their immediate family. These three (3) days are to be taken consecutively within a reasonable time period from the day of the death or day of funeral. They may not be split or postponed. For this purpose, immediate family is defined as spouse, child, step child, parents, or legal guardians (including in-laws), stepparents, siblings, stepsiblings, grandparents (including in-laws) or grandchildren, and domestic partners. The motion was seconded by Councilman Sedota and carried unanimously.
*Sick time is allowed to be accrued so that the employee is covered in the event of a medical emergency, once an employee has provided the Town with a notice of resignation or retirement, sick leave will no longer be allowed to be used. Any exceptions to this policy would need to be approved by the Pomfret Town Board.
The motion carried unanimously.
 
  • Councilman Sedota made a motion, seconded by Councilman Schaeffer to approve the following amendments to the Pomfret Cemetery Rules and Regulations Headstones/Monuments/Niche Plaques:
Each Niche will be allowed a maximum of two 8" x 5" bronze plaques. US Veterans are eligible for bronze plaque commemorating their service free of charge.  No other adornment or memorialization of any kind can be affixed to the niche door.  Installation and affixing markers and Niche covers shall be performed under the direct supervision of Town cemetery personnel, by an authorized agent.
The Town of Pomfret Cemetery and the Town of Pomfret, assumes no responsibility for the safe keeping of any monument, memorial, headstone, or marker and will not be responsible for any damage to same.  
TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:21P.M., seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,        

Allison Vento, MMC/RMC
Town Clerk
 

January 11, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:35 P.M. January 11, 2023 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
                                           Christopher Schaeffer
                                            Ann Eckman

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 14, 2022 Public Hearing-NYS Code. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the  
December 14, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Sedota, the motion carried unanimously.

DULY MOVED by Councilman Sedota and seconded by Councilman Schaeffer to approve the payment of bills on abstract #13 of 2022. The motion was 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      $3,950.66
General Fund Part Town        $967.40
Highway Fund Part Town       $7,774.32
Berry Road Water District      $22.93
North End Water District        $1,334.88
Lily Dale Sewer District         $231.17

DULY MOVED by Supervisor Pacos and seconded by Councilman Schaeffer to approve the payment of bills on abstract #2-13 of 2022 in the amount of $162,507.88 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2023. 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      $23,001.14
General Fund Part Town        $529.47
Highway Fund Part Town       $29,156.83
Berry Water District               $7,378.03
Chestnut Water District          $1,755.35
North End Water District        $1,848.27
Lily Dale Water District         $45,430.74
Rt. 20 Water District               $28.70
Rt. 20 Sewer District              $36.92
Rt. 60 Water District               $1,997.97
Rt. 60 Sewer District              $2,569.86
VB Water District                   $280.00
Lakeview Sewer                     $67.17
Sewer District #1                    $1,332.51
Sewer District #2                    $932.00
Lily Dale Sewer District         $856.32
Capital Projects                       $5,177.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-1 of 2023 in the amount of $38,242.41 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
 
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office in 2022. A total of $107,060.30. A copy of the report is on file with Town Clerk Vento.
  • Town Clerk Vento provided to the Pomfret Board the December 2022 report of monies collected. A total of $8,055.00 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for December 2022 is as follows:
Justice Dietzen Total Cases: 79
                        Total Fine & Surcharges: $5,524.00
                        Cases dismissed:              14

                        Justice Cerrie Total Cases: 87
                        Total Fine & Surcharges: $7,248.00
                        Cases dismissed:         18
  • The Annual Historian Report for the year 2022 has been distributed to the board and is on file in the Clerk’s office.
  • activity for the year 2021. The repot is on file in the Clerk’s Office.
  • Code Enforcement Officer, Warren Kelly, provided to the board a report of all activity for the year of 2022. The report is on file with the Clerk’s Office.
  • The Pomfret Offices will be closed Monday, January 16, 2023 in observance of Martin Luther King Jr.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the December 2022 monthly work report and is on file with the clerk’s office.
  • Councilman Sedota made a motion to approve the purchase, on NY State Contract PC69406, of a Milton Cat M318 Wheeled Excavator with Front Blade, Rear outriggers, Swinger Coupler, Rockland Thumb, and 60” Ditching Bucket at a cost not to exceed $185,000.00, with a trade in of the Volvo EW180C at a cost of $34,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the purchase from Sourcewell, 110719CNH of a New Holland Powerstar 120 4WD Cab Tractor at a cost not to exceed 145,600.73. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the purchase of two rear discharge John Deere X590 Select Series Tractors with mower decks, on NY State Contract number PC69683, at cost not to exceed $8,835.76. The motion was seconded by Councilman Christy and carried unanimously.
SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the request to use Town of Pomfret roads for the Wilson Endurance races in 2023. The motion was seconded by Councilman Christy. After discussion, Councilwoman Eckman made a motion to rescind her motion approving use of Pomfret roads in 2023 for Wilson Endurance. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion to adjust a water/sewer bill for account #198, 5 Cleveland Ave., Lily Dale to reflect water usage based on the average of the last two quarters and to remove the additional sewer charges above the minimum charge per quarter. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos read a statement in response to the previous Village of Fredonia Board Meeting where concerns and statements were made about the Town of Pomfret without merit.
COUNCILMAN CHRISTY
-None
COUNCILMAN SEDOTA
  • The Fredonia Fire Department meeting was cancelled. The next meeting is scheduled for January 24, 2023, in which Mr. Sedota will attend and report back to the board at the February meeting.
  • Mr. Sedota has worked on a sick time policy for full-time, Pomfret employees, and will report to the board next month for discussion and/or approval.
COUNCILMAN SCHAEFFER
  • Mr. Schaeffer announced that the Barker Library as updated all staff and public computers with funds received from the public.
COUNCILWOMAN ECKMAN
-None
TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro is working with Assessor Ebersole on an Article 7 case. He will report to the board with any updates.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 7:28P.M., seconded by Councilman Christy and carried unanimously.

Respectfully Submitted,        
Allison Vento
Town Clerk
 

January 11, 2023 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 11, 2023 at 5:30P.M.

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

Supervisor                                         $ 12,000 
Councilperson                         (4)     $ 4,500 (each) 
Town Justices                          (2)      $16,500(each) 
Town Clerk                                         $46,500
Highway Superintendent                 $72,000
 
DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer and carried unanimously.  
 
BOARD OF ASSESSMENT REVIEW 
 
The following members will continue to serve on the Board of Assessment Review with 
their terms expiring as so stated and with the appointment of Ann LaPaglia to serve 
on the Board of Assessment Review:

Roger Renswick          9/20/2024
Vacancy                       9/30/2025
Harry Centner             9/30/2026
Alan Shaw                  9/30/2027
Ann LaPaglia              9/30/2028

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.
 
APPOINT DEPUTY SUPERVISOR AND SET SALARY 
 
Councilwoman Ann Eckman appointed as Deputy Supervisor at the salary of $600.00.
  
DULY MOVED by Councilman Christy, seconded by Councilman Sedota and carried unanimously with Councilwoman Eckman abstaining.
 
APPOINT DEPUTY TOWN CLERK/DEPUTY TAX COLLECTOR 
 
Town Clerk Vento appoints Teresa Bunge as Deputy Town Clerk and Deputy Tax Collector.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Christy and carried unanimously.
 
APPOINT DEPUTY HIGHWAY SUPERINTENDENT 
 
Highway Superintendent Jude Gardner appoints Jeff O’Brien as Deputy Highway 
Superintendent at the rate of $1.50 per hour in addition to his hourly rate.

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

APPOINTMENTS AND SALARIES AS FOLLOWS: 
Jeanne Ebersole – Assessor                                                    $90,640 per year 
*The subject of a multi-municipal shared service agreement
Caryn Tresler   -Assessor Clerk                                               $16.20 per hour 
Board of Assessment Review             $14.40 per hour
Warren Kelly-Code/Inspection Officer   $34,000.00 per year 
Warren Kelly-Fire Inspector                      $5,437.00 per year 
Jason Luce-Zoning Officer                         $7,500 per year 
Jason Luce-Deputy Inspection Officer     $20.00 per hour
Jim McKillip-Deputy Inspection Officer    $20.00 per hour
Teresa Bunge-Secretary for Zoning & Planning Board $17.55 per hour 
Allison Vento  -Civil Defense Officer     $150.00 per year
Miriam Washington-Court Clerk          $17.82 per hour 
Heidi Sobecki- Court Clerk                    $16.25 per hour 
Mark Dietzen  -Court Officer                $16.76 per hour 
David Pleszewski-Court Officer          $16.76 per hour
Tom Fisher      -Town Constable        Fees As Allowed By State 
Douglas Bunge-Town Constable       Fees As Allowed By State 
Pat Ambrose-Town Constable         Fees As Allowed By State 
Daniel Smith-Town Constable        Fees As Allowed By State
Allison Vento -Registrar                  Fees As Allowed By State 
Teresa Bunge-Deputy Town Clerk    $17.55 per hour 
Allison Vento -Tax Collector         $6,350.00 per year 
Teresa Bunge-Deputy Tax Receiver   $3,250.00 per year
Jeffrey Passafaro-Town Counsel  $160.00 per hour/$185.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services  $16,600.00 per year
Brad Dietzen-Pomfret Cemetery Sexton  $17.55 per hour 
Jude Gardner   -Cemetery Maintenance Supervisor   $2,800.00 per year 
Dennis Maslak                          $30.89 per hour 
Loren Laurito                            $30.29 per hour 
Jeff O’Brien (includes $1.50/hr. for Deputy. Highway Superintendent)      $31.68 per hour  
David Dunlap                           $30.14 per hour  
Jeff Abbey                                 $25.46 per hour 
Paul Kingsbury                         $25.46 per hour  
Tyler Haynes                            $25.46 per hour
Jude Gardner   -Public Works Superintendent  $2,400.00 per year 
Jude Gardner   -Water Dist. System Operator   $2,000.00 per year 
Loren Laurito -Water Dist. System Operator     $2,000.00 per year 
Allison Vento- Water District System Clerk      $3,000.00 per year
John Bell-Lily Dale Sewage Treatment Plant Operator         $16,465.00 per year 
John Paul Long- Dog Control Officer    $6,600.00 per year
Todd Langworthy-Town Historian        $1,500.00 per year
Allison Vento -Web Master                    $500.00 per year 
Allison Vento - Server Backup               $500.00 per year 
Cleaner                                                     $275.00 per month
Kayla Sullivan-Recreation Director   $3,000.00 per year

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.

SICK LEAVE, PAID HOLIDAYS, PERSONAL DAYS, AND VACATION FOR 
FULL-TIME EMPLOYEES 
 
Town Hall personnel working a minimum of 35 hours per week and all Highway 
Department employees working a minimum of 40 scheduled hours per week be eligible 
for sick leave, paid holidays, personal days, and vacation as follows: 
 
SICK LEAVE 
1.One (1) day earned per month; twelve (12) days earned per year. 
2.After three (3) days, a doctor’s certificate is required. 
3.Sick leave can be accumulated up to one hundred and sixty-five (165) days at full salary. 


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

VACATION
The first three months of continuous, new, employment there will be no given vacation time.
2.At the beginning of the fourth month of continuous employment, the employee shall receive one vacation day. At the beginning of the seventh month of continuous employment, the employee will receive an additional one-day vacation, and at the beginning of the tenth month of continuous employment, the employee will receive one day of vacation, not to exceed three days during their first full year of employment.
3. After completing: 
One & Two Full Years                      
One-week paid vacation /Five (5) days 

Three & Four full years        
Two weeks paid vacation /Ten (10) days  

Five full years                       
Three weeks paid vacation /Fifteen (15) days 

Six full years                           Additional day /Sixteen (16) days 
Seven full years                       Additional day /Seventeen (17) days 
Eight full years                        Additional day/ Eighteen (18) days 
Nine full years                         Additional day /Nineteen (19) days 
Ten full years                          Additional day /Twenty (20) days 
Maximum Paid Vacation        Twenty (20) Days 

DULY MOVED by Councilwoman Eckman, seconded by Councilman Christy and carried unanimously.
 
TOWN OF POMFRET INSURANCE BENEFITS 

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

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

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

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

3. Effective January 1, 2008, no part time elected official retiring after the effective date of 
this resolution will be eligible for any health insurance benefit at Town expense, but may 
participate in the plan by paying one hundred percent (100%) of the premium cost 
without contribution from the Town of Pomfret. 
 
4. The following resolution adopted November 8, 2006:
RESOLVED, that no post-retirement or post-employment health insurance benefits, shall be afforded to, or provided to, any employee of the Town of Pomfret hired after November 1, 2006, and be it further
RESOLVED, that the Town health insurance policy is so amended, and that the Town Employee Handbook and any other related document amended by this resolution shall be modified and amended as stated herein.

5. The Town of Pomfret has developed an Insurance Buyout policy for eligible employees 
who choose to not take advantage of Health Insurance offered by the Town. No part 
time Employee is entitled to participate in any buyout plan. 
 
For eligible full-time employees, the annual buyout amounts shall be as listed: 
Active employees                   Retirees  
$1500 Family/Double             $750 
$750 Single 

At age sixty-five (65) all retirees buyout amounts shall be reduced to $750 
(double) and $375 (single) or participation in the Town financed Senior Medicare 
program.
  
DULY MOVED by Councilman Christy, seconded by Councilman Sedota and carried unanimously.

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

 
1. Those eligible for participation in the plan shall all be full time employees of the Town 
of Pomfret, the Highway Superintendent, and Town Clerk. The Town as the employer 
shall pay fifty percent (50%) of the annual premium and the eligible employee or Town 
official shall pay fifty percent (50%) of the premium. 
 
2. All other elected officials of the Town of Pomfret and part-time employees of The Town 
of Pomfret may participate in the plan but shall pay one hundred percent (100%) of the 
premium cost without contribution from the Town of Pomfret. 
 
3. It is the policy of the Town Board of the Town of Pomfret to make eligible for dental 
insurance only active employees or officials and no benefits shall be offered or extended 
nor shall this resolution be in any manner construed to extend any benefit under this plan 
to any retired or former Town employee or official. 

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

VISION INSURANCE 

The following resolution adopted March 23, 1998 will remain in effect: 
 
1. Those eligible for participation in the plan shall be all full-time employees of the Town, 
the Highway Superintendent, and the Town Clerk. The Town as the employer shall pay 
one hundred per cent (100%) of the annual premium. 
 
2. All other elected officials of the Town of Pomfret and part-time employees of The Town 
of Pomfret may participate in the plan but shall pay one hundred percent (100%) of the 
premium cost without contribution from the Town of Pomfret. 
 
3. It is the policy of the Town Board of the Town of Pomfret to make eligible for vision 
insurance only active employees or officials and no benefits shall be offered or extended 
nor shall this resolution be in any manner construed to extend any benefit under this plan 
to any retired or former Town employee or official.
 
DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.
 
CLOTHING ALLOWANCES (HIGHWAY DEPARTMENT EMPLOYEES) 

The following motion adopted January 5, 2000, and amended November 8, 2000, will 
remain in effect: 
The Town of Pomfret will provide a clothing reimbursement, including steel-toed work shoes 
or boots, of $200.00 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 unanimously.

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

DULY MOVED by Councilman Christy, seconded by Councilman Sedota and carried unanimously.
 
TOWN DEPOSITORIES 

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

DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer and carried unanimously.
 
OFFICIAL NEWSPAPER AND POSTING LOCATIONS 

The Observer is designated as the official newspaper for the Town. 

Pomfret Town Hall will serve as the posting location for notices as required by law. 

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.  

MILEAGE REIMBURSEMENT 
 
The mileage reimbursement is set at $ .655 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 unanimously.

TOWN PLANNING BOARD 

RATE OF PAY 
The Town Planning Board Chairperson and members be paid $1,000.00 and $500.00 respectively for the year 2023, with each term expiring the second Wednesday in January of the 
year listed below and with the reappointment of Heather Lesch to serve on the Town Planning Board. 
MEMBERS                 YEAR 
James Joy-Chairman   2024 
Robert Smith               2025
Travis Eckstrom          2026
Janet Szymanski          2027
Heather Lesch             2028

DULY MOVED by Councilman Christy, seconded by Councilman Sedota and carried unanimously.
ZONING BOARD OF APPEALS 

 RATE OF PAY 
The Zoning Board of Appeals Chairperson and members be paid $1,000.00 and $500 
respectively for the year 2023, with each term expiring the second Wednesday in January of the 
year listed below:
 
MEMBERS                            YEAR 
Matthew Estep                        2023
David Fridmann-Chairman     2024
Raymond Lewandowski         2025
Ruth Eckstrom                        2026
Michaelene Comerford           2027
Vacancy                                   2028

DULY MOVED by Councilman Schaeffer seconded by Councilwoman Eckman and carried unanimously.  

SUPERVISOR’S ANNUAL FINANCIAL REPORT 
 
The Supervisor is directed to submit to the Town Clerk his annual financial report within 
ninety (90) days of the closed fiscal year, and send a copy of the report to the State 
Comptroller, as required by Section 30 of the General Municipal Law.  The Town Clerk 
shall cause summary of such report to be published within ten (10) days after receipt 
thereof in the official newspaper of the Town of Pomfret. This report will be in lieu of 
the annual report due January 30, 2023. 

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

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

DULY MOVED by Councilwoman Eckman, seconded by Councilman Christy and carried unanimously.
 
TOWN BOARD MEETING DATE & TIME 
 
The regular monthly meeting of the Pomfret Town Board is held the second Wednesday 
of each month at the Town Hall, 9 Day Street, Fredonia, New York at 6:30 PM, unless 
otherwise notified.  

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

DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer and carried unanimously.
 
POSTING OF ROADS 
 
The Highway Superintendent is authorized to legally post roads and remove at his 
discretion as authorized in the vehicle and traffic law for the year 2023. 

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.

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

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

Foundations: Per Square Inch              $.65 
Minimum                                 $150.00(10”X12”) 
Historical Research:    Minimum                   $25.00 
                                    Per Hour                      $25.00
 
Forest Hill Storage Vault & Rental: 
First 30 days                                                $100.00 
After 30 days/for additional 30 days       $20.00 
Or portion thereof  

Columbarium Pricing:
Single Niche                                    $750.00
Double niche                                  $1,000.00
Niche Opening                              $100.00 per opening, per internment
Saturday/Sunday Niche Opening      $150.00

*All plaques and engraving will be purchased and done by A.D. Titus Monuments of Fredonia.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Christy and carried unanimously.
 
EXPENDITURES BY HIGHWAY SUPERINTENDENT WITHOUT PRIOR 
APPROVAL 

WHEREAS, Section 142, Subdivision 1(a) of the Highway Law authorizes the Town 
Board to adopt a resolution permitting the Town Superintendent of Highways to 
purchase equipment, tools and implements without prior approval of the Town Board in 
an amount fixed by them, and 
 
WHEREAS, it is determined by this board to be reasonable and proper in the best 
interest of the efficient functioning of the Highway Department, the Town 
Superintendent of Highways be granted permission to purchase such items without its 
prior approval, an amount not to exceed $5,000.00, 
 
NOW THEREFORE BE IT RESOLVED, that the Town Superintendent of Highways be 
and is hereby authorized to spend an amount not in excess of $5,000.00 for the purchase of 
equipment, tools and implements without prior approval of the board. 

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

HIGHWAY SUPERINTENDENT TO PURCHASE OFF OF OTHER MUNICIPALITIES
Authorization to the Highway Superintendent to accept and purchase highway
materials, motor fuels, gravel, stone, black top, binder, and oil from and on other proper
authorized municipal bids in municipalities in the County of Chautauqua and surrounding
counties in New York State for the year 2023.

DULY MOVED by Councilman Schaeffer, seconded by Councilwoman Eckman and carried unanimously.

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON 
Appoint Supervisor Pacos as Chairperson of the Lily Dale Sewer District for the year 
2023 at a pay rate of $600.00 and Councilman Christy is appointed Vice-Chairperson, 
with no financial compensation. 

DULY MOVED by Councilwoman Eckman, seconded by Councilman Sedota and carried unanimously with Supervisor Pacos abstaining.

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 2023 at a rate of $500.00 for the year. 

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

MUNICIPAL COOPERATION AGREEMENT FOR HIGHWAY PROJECTS & 
MAINTENANCE 
 
WHEREAS, pursuant to New York State General Municipal Law, local governments are 
authorized to enter into municipal cooperation agreements for the performance among 
themselves or one of the other of their respective functions, and 
 
WHEREAS, a county-wide “Mutual Aid” agreement for highway projects and 
maintenance has been developed to formalize the sharing of manpower, equipment and 
materials by municipalities in Chautauqua County, and 
 
WHEREAS, the Mutual Aid Agreement provides that assisting municipalities shall be  
entitled to receive services of equivalent value at a later date from the municipality 
receiving their assistance, 
 
THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and 
empowered to execute all documents necessary to confirm the Town of Pomfret’s 
participation in the countywide Mutual Aid Agreement. 

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

 SUPERVISOR COMMITTEE APPOINTMENTS
1891 Fredonia Opera House    Eckman   Schaeffer 
Audit                Eckman           Sedota             Christy
Buildings         Christy             Schaeffer         Sedota
Cable Commission     Sedota             Christy            Schaeffer 
Cemeteries      Pacos               Eckman           Christy 
Chamber of Commerce      Sedota             Eckman           Schaeffer 
Consolidation  / Shared Services    Pacos               Eckman 
Highways          Christy             Schaeffer 
Libraries           Eckman           Schaeffer 
Lily Dale Sewer District       Christy            Pacos  
Office for Aging         Eckman           Schaeffer 
Parks & Recreation   Eckman           Sedota             Christy 
Planning Bd. /Zoning Bd.     Eckman           Christy            Pacos
Preservation Society        Sedota             Schaeffer 
Public Safety             Sedota             Christy            Eckman
(Fire/Police/Code Enforcement/DCO/Courts) 
Regional Planning            Pacos               Christy 
Special Districts              Pacos 
(Excluding Lily Dale) 
DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer to approve the Supervisor’s committee appointments. The motion carried unanimously.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Christy to adjourn the meeting at 6:07P.M.  The motion carried unanimously.

Respectfully Submitted, Allison Vento, MMC/RMC

 

December 14, 2022 Public Hearing Minutes-Local Law-NYS Code

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, December 14, 2022 at 6:17 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a local law -Administration of the State Uniform Codes.
The proposed local law is as follows:

SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.
SECTION 2. DEFINITIONS
In this local law, the following terms shall have the meanings shown in this section:
“Assembly Area” shall mean an area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes.
“Building Permit” shall mean a building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this local law.
“Certificate of Compliance” shall mean a document issued by the Town stating that work was done in compliance with approved construction documents and the Codes.
“Certificate of Occupancy” shall mean a document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors. “Codes” shall mean the Uniform Code and Energy Code.
“Energy Code” shall mean the New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law.
“FCNYS” shall mean the 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225.
“Fire Safety and Property Maintenance Inspection” shall mean an inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference.
“Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this local law.
“Mobile Food Preparation Vehicles” shall mean vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this local law.
“Order to Remedy” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 17 of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
“PMCNYS” shall mean the 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226.
“RCNYS” shall mean the 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220.
“Repair” shall mean the reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.
“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.
“Sugarhouse” shall mean a building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.
“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law.
“Town” shall mean the Town of Pomfret.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.


SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS
(a) The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this local law. The Code Enforcement Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this local law;
(4) to issue Stop Work Orders;
(5) to review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local law;
(7) to maintain records;
(8) to collect fees as set by the Town Board of this Town;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this local law; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.
(b) The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.
(d) One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.
SECTION 4. BUILDING PERMITS.
(a) Building Permits Required. Except as otherwise provided in subdivision
(b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Town.
(b) Exemptions. No Building Permit shall be required for work in any of the following categories: [include the paragraph[s] below that describe the category[ies] of work to be exempted from the building permit requirement – note that no category of work other than those listed below can by exempted.]
(1) construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet;
(2) construction of temporary sets and scenery associated with motion picture, television, and theater uses;
(3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4) installation of partitions or movable cases less than 5'-9" in height;
(5) painting, wallpapering, tiling, carpeting, or other similar finish work;
(6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(7) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or
(8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time.
(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
 (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) describe the location, nature, extent, and scope of the proposed work; (ii) show that the proposed work will conform to the applicable provisions of the Codes; (iii) show the location, construction, size, and character of all portions of the means of egress; (iv) show a representation of the building thermal envelope; (v) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (vi) show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii) include a written statement indicating compliance with the Energy Code; (viii) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (ix) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number.
(e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.
(f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
(g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
(h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued.
(i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within Six (6) months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
(j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
(k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.
SECTION 5. CONSTRUCTION INSPECTIONS.
(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision(b) of this section is ready for inspection.
(b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:
(1) work site prior to the issuance of a Building Permit;
(2) footing and foundation;
(3) preparation for concrete slab;
(4) framing;
(5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(6) fire resistant construction;
(7) fire resistant penetrations;
(8) solid fuel burning heating appliances, chimneys, flues, or gas vents;
(9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls;
(10) installation, connection, and assembly of factory manufactured buildings and manufactured homes; and
(11) a final inspection after all work authorized by the Building Permit has been completed.
(c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed.
(d) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
(e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.
SECTION 6. STOP WORK ORDERS.
(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:
(1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or
(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or
(3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.
(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.
(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.
(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the Stop Work Order.
(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 17 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.
SECTION 7. CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF COMPLIANCE
(a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance.
(b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special inspections,
(2) flood hazard certifications,
(3) a written statement of the results of tests performed to show compliance with the Energy Code, and
(4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes.
(c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name (if any), address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the occupant load of the assembly areas in the structure, if any;
(8) any special conditions imposed in connection with the issuance of the Building Permit; and
(9) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance.
(d) Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed Six (6) months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
(f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent.
SECTION 9. UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF IMMINENT DANGER
 Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the following procedures, in accord with the Unsafe Building Law, as amended from time to time.
SECTION 10. OPERATING PERMITS.
(a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows:
(i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust;
(ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;
(iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
(iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;
(vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
(vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
(ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse;
(x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270;
(xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces;
(xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and
(xiii) Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food preparation vehicle in accordance with the permitting requirements established by Local Law as now in effect or as hereafter amended from time to time.
(3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.
(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle or use hazardous production materials;
(7) parking garages as defined in subdivision (a) of section 13 of this local law;
(8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and
(9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of this Town. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.
(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
[Alternative 1: use the following version of subdivision (c) if the Local Government wishes to allow exemptions from the Operation Permit requirements]
(c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this local law, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this local law, as applicable.]
[Alternative 2: use the following version of subdivision (c) if the Local Government does not wish to allow exemptions from the Operation Permit requirements]
 (d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met.
(e) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single Operating Permit to apply to all such activities.
(f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows:
(1) Interval not to exceed Forty-Five (45) days for tents, special event structures, and other membrane structures;
(2) Interval not to exceed Forty-Five (45) days for alternative activities at a sugarhouse;
(3) Interval not to exceed one (1) year for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of this section, and
(4) Interval not to exceed one (1) year for all other activities, structures, and operations identified in subdivision (a) of this section.
The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
(g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.
(h) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals:
(1) at least once every interval not to exceed twenty-four (24) months for buildings which contain an assembly area;
(2) at least once every interval not to exceed twenty-four (24) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and
(3) at least once every interval not to exceed twenty-four (24) months for multiple dwellings and all nonresidential occupancies.
(b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed.
(c) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1) the request of the owner of the property to be inspected or an authorized agent of such owner;
(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist;
provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
(d) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b. [INCLUDE THE FOLLOWING PROVISIONS IF THE TOWN WISHES TO RELY ON THE INSPECTIONS PERFORMED BY OFPC OR OTHER AUTHORIZED ENTITY, AND DOES NOT WISH TO HAVE THE CODE ENFORCEMENT OFFICER INSPECT BUILDINGS THAT ARE INSPECTED BY OFPC OR OTHER AUTHORIZED ENTITY:
Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an Inspector, provided that:
(1) the Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e);
(2) the Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and
(5) upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by section 17 (Violations) of this local law.]
(e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.
SECTION 12. COMPLAINTS
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
(b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 17 (Violations) of this local law;
(c) if appropriate, issuing a Stop Work Order;
(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
SECTION 13. CONDITION ASSESSMENTS OF PARKING GARAGES.
(a) Definitions. For the purposes of this section:
(1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure;
(2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component;
(3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
(i) buildings in which the only level used for parking or storage of motor vehicles is on grade;
(ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and
(iii) a townhouse unit with attached parking exclusively for such unit;
(4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations;
(5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.
(6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(b) Condition Assessments – general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision
(d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
(c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:
(i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and
(iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the local law enacting this provision that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment prior to [specify date not more than six (6) months after the effective date of this local law].
(d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed [specify interval not to exceed three (3) years].
(e) Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate.
(f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within [specify time as fixed by the Town]. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;
(7) the responsible professional engineer’s recommendation regarding preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and
(9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment.
(g) Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
(h) The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.
(i) This section shall not limit or impair the right or the obligation of the Town:
(1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this local law;
(2) to perform such periodic fire safety and property maintenance inspections as are required by section 11 (Fire Safety and Property Maintenance Inspections) of this local law; and/or
(3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.
SECTION 14. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA.
(a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following:
(1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature;
(2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
(b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
SECTION 15. RECORD KEEPING.
(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charged and collected; and
(10) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this local law.
(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.
SECTION 16. PROGRAM REVIEW AND REPORTING
(a) The Code Enforcement Officer shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 14 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded.
(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code.
(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State.
SECTION 17: VIOLATIONS
(a) Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. An Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:
“The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by _____ [specify date], which is thirty (30) days after the date of this Order to Remedy.”
The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
(c) Penalties. In addition to such other penalties as may be prescribed by State law,
(1) any Person who violates any provision of this local law or any term, condition, or provision of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be punishable by a fine of not more than $250. per day of violation, or imprisonment not exceeding 10 days, or both; and
(2) any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to pay a civil penalty of not more than $250.00 for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph shall be recoverable in an action instituted in the name of this Town.
(d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town.
(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law.
SECTION 18: FEES
A fee schedule shall be established by resolution of the Town Board of this Town.  Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law.
SECTION 19. INTERMUNICIPAL AGREEMENTS
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
SECTION 20. PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
SECTION 21. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Audience Comments:
None

With no further public comments, a motion made by Councilwoman Eckman seconded by Councilman Christy, to close the Public Hearing at 6:20 P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Pomfret Town Clerk
 

December 14, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., December 14, 2022 at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                               
                                   Supervisor Daniel Pacos
                                   Town Clerk Allison Vento
PRESENT:                 Town Attorney Jeffrey Passafaro
                                   Highway Superintendent Jude Gardner
                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer
                                                Brett Christy

The Pledge was recited and led by Supervisor Pacos.            

DULY MOVED by Councilwoman Eckman to accept the minutes of the November 9, 2022 Public Hearing Minutes-Lily Dale Fire Contract. The motion was seconded by Councilman Schaeffer. The motion carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 9, 2022 Public Hearing Minutes-2023 Preliminary Budget. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 9, 2022 Regular Town Board Meeting Minutes. The motion was seconded by Councilwoman Eckman. The motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #12 of 2022 with one amendment to voucher #49207 to reflect an amount to be paid of $85.05. 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      $27,040.92
General Fund Part Town        $7,454.60
Highway Fund Part Town      $23,927.28
Berry Water District               $58.25
Chestnut Water District          $35.50
North End Water District        $223.23
Lily Dale Sewer District         $6,502.22
Lily Dale Water District         $4,414.67
Capital Projects                       $92,447.07


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-12 of 2022 in the amount of $111,167.52 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Councilwoman Eckman to approve the following budget transfers and budget modification. The motion was seconded by Councilman Schaeffer and carried unanimously.
GENERAL FUND TOWWIDE
Budget Modification
Modify 2022 adopted budget by increasing Revenue Account A3005 State Aid Mortgage Tax by $30,000 and by Increasing the following Expenditure Accounts:
$5,000             A1420.4          Attorney Contractual
$14,400           A1620.2          Building Equipment
$10,500           A1620.4          Building Contractual

GENERAL FUND TOWNWIDE
$1,000             FROM             A1110.2          Justice Court Equipment
                        TO                   A1110.4          Justice Court Contractual

$100                FROM             A1990.4          Contingent
                        TO                   A3310.4          Traffic Control Contractual

$135                FROM             A1990.4          Contingent
                        TO                   A1410.4          Town Clerk Contractual

$4,019             FROM             A9060.8          Employee Benefits Hospital & Medical Ins.                          TO                        A9961.9          Transfer to Other Funds

$2,000             FROM             A5132.2          Garage Equipment
                        TO                   A8810.1          Cemetery Personal Services

$3,000             FROM             A5132.2          Garage Equipment
                        TO                   A8810.12        Cemetery Personal Services-Seasonal

GENERAL FUND OUTSIDE VILLAGE
$4,000             FROM             B3620.11        Inspection Deputy
                        TO                   B3620.1          Safety Inspection Personal Services

$8,700             FROM             B7140.2          Playground & Recreation Equipment
                        TO                   B7140.1          Playground & Recreation Personal Services

HIGHWAY FUND OUTSIDE VILLAGE
$10,000           FROM             DB5130.2       Machinery Equipment
                        TO                   DB5130.4       Machinery Contractual

$6,000             FROM             DB9010.8       Employee Benefits State Retirement
                        TO                   DB5142.4       Snow Removal Fuel

$21,500           FROM             DB9060.8       Employee Benefits Hospital & Medical
                        TO                   DB5110.41     General Repairs Fuel

TOWN CLERK REPORTS
  • The Pomfret Clerks Office month of November 2022 monthly report is on file. A total of $8,966.00 was collected. The report is on file with the Clerk.
  • Pomfret Town Justice report for November 2022 is as follows:
Justice Dietzen Total Cases: 68
                        Total Fine & Surcharges: $4,248.00
                        Cases dismissed: 20

                        Justice Cerrie Total Cases: 78
                        Total Fine & Surcharges: $7,309.00
                        Cases dismissed: 19
  • The Historian Report for December 2022 has been distributed to the board and it is on file in the Clerk’s office.
  • Code Enforcement, Warren Kelly, submitted his November monthly report and is on file with the Clerk’s office.
  • Pomfret Assessor, Jeanne Ebersole, submitted training completed for the boards review.
  • The Town of Pomfret offices will be closed Monday, December 26, 2022 and Monday, January 2, 2023 in observance of the Christmas Holiday and New Year’s Day.
  • The Pomfret Organizational Meeting is scheduled for January 11, 2023 at 5:00P.M.
HIGHWAY SUPERINTENDENT REPORTS:
  • The November Monthly work report has been distributed to the Town Board.
  • Councilman Schaeffer made a motion to authorize the 2023 Agreement to Spend Highway Funds, the motion was seconded by Councilman Sedota and carried unanimously.

AUDIENCE COMMENTS

SUPERVISOR PACOS
  • Councilman Sedota made the motion to authorize Supervisor Pacos to enter into a one-year agreements for 2023 with:
 -Catherine Pratt as the fitness instructor for the Grape Belt Seniors in the amount of $35.00 per session. This amount is not to exceed $3,600.00,
-Mary E. Seymour Library in the amount of $2,000.00
-Darwin R. Barker Library in the amount of $68,000.00 to be paid in four quarterly payments
-Cassadaga Lakes Association in the amount of $2,000.00 for weed removal.
-Forest Lodge #166 in the amount of $7,200.00 for rental space for the Grape Belt Seniors.
-Eagle Systems 2023 Maintenance Contract in the amount of $1,687.00
The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to adopt the proposed Local Law #5 of 2022-Code Enforcement. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to accept the resignation of Ann Renckens, effective December 2, 2022. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to appoint Teresa Bunge, W. Main St., Fredonia as Pomfret Deputy Clerk, Deputy Tax Receiver, and Cemetery Sexton, on recommendation of Pomfret Town Clerk, Allison Vento, at a rate of $17.55 per hour, 35 hours per week. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to appoint Caryn Tresler, W. Main St., Fredonia as Assessor Clerk at a rate of pay of $16.20 per hour, 20 hours per week for the remaining of 2022 and 35 hours per week effective January 1, 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Christy made a motion to appoint Jason Luce, Lambert Ave., as Zoning Enforcement Officer at a rate of pay budgeted for remining of 2022 and at budgeted amount for 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The board will review their committee assignments for 2023.
  • The Darwin R. Barker Library has invited members of the Town Board to their Annual Open House and Caroling on December 17, 2022 beginning at 2:00P.M.
  • Planning Board minutes were received by the Planning and Zoning Secretary.
  • Supervisor Pacos distributed an update on ongoing and completed projects within the Town.
COUNCIL REPORTS
COUNCILWOMAN ECKMAN
  • The Festivals Fredonia had a successful ‘Miracle on Main’ event.
  • The ‘Tech Wash’ ribbon cutting will be held, Thursday, December 15, 2022 at 11:00A.M.
  • Residents on Martha’s Vineyard have approached Councilwoman Eckman in regards to street lighting. There are concerns on how dark the street is and asked if it could be explored to install a light(s). Councilwoman Eckman informed Highway Superintendent Gardner, to which he will research after the first of the year.

COUNCILMAN CHRISTY
  • An end of the year meeting on safety will take place with the highway department.

COUNCILMAN SCHAEFFER
-None

COUNCILMAN SEDOTA
  • The recent Fredonia Fire Department meeting has been rescheduled.
  • DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting and enter into Executive Session for the purpose of discussion relating to appointment, promotion, demotion, discipline or removal of a particular person(s) with no action to be taken. The motion was seconded by Councilman Sedota and carried unanimously.
Time: 7:25P.M.

DULY MOVED by Councilwoman Eckman to exit Executive session and enter in to the Regular Town Board Meeting. Seconded by Councilman Sedota and carried unanimously. Time: 7:58P.M.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting, seconded by Councilman Christy and carried unanimously. Time: 7:59P.M.
Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk
 

November 9, 2022-Public Hearing Minutes, 2023 Preliminary Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 9, 2022 at 6:15P.M. at the Town Hall, 9 Day Street, Fredonia, New York.

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

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

The Public Hearing is being held for the purpose of the 2023 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2023 Preliminary Budget reflects a town wide rate of 4.1733498, a 0.05 increase with additional outside Village Rate of 8.5819839 or 0.00 increase. The total tax levy is within the tax cap, coming in $44,000.00 under the limit. The total budget is $4,231,005.
                                                                                                     
With no questions, comments, or concerns from the public, a motion made by Councilman Sedota seconded by Councilman Schaeffer to close the public hearing at 6:19 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Town Clerk


                         
 

November 9, 2022- Public Hearing Minutes, Lily Dale Fire Contract

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 09, 2022 at 6:00P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

ABSENT:      Councilman Brett Christy
                       
Supervisor Pacos opened the Public Hearing for the purpose of the 2023 Lily Dale Fire Contract.  The purposed amount for the 2023 contract is $32,228.00.
Town Clerk Vento provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2023 between the TOWN OF POMFRET, a municipal corporation, located in the County of Chautauqua and State of New York, and the LILY DALE VOLUNTEER FIRE CO., INC., also a municipal corporation, located in the Town of Pomfret, County of Chautauqua and State of New York.
                WHEREAS, there has been duly established in the said Town of Pomfret, Chautauqua County, New York, A Fire Protection District, known as the “LILY DALE FIRE PROTECTION DISTRICT” embracing the territory in said Town, as such territory is more fully described in the Resolution establishing such district, and duly adopted by the Town Board of said Town of Pomfret on the 29th day of December 1958, and,
                WHEREAS, following a public hearing duly called, the Town Board duly authorized a contract with the Lily Dale Volunteer Fire Co., Inc. for fire protection in said district upon the terms and provisions herein set forth, and
                NOW THEREFORE, the Town of Pomfret does engage the Lily Dale Volunteer Fire Co., Inc. to furnish fire protection and emergency services to said District and the Lily Dale Volunteer Fire Co., Inc. agrees to furnish such protection, in the manner following to wit:
                1. SERVICES PROVIDED: The Lily Dale Volunteer Fire Co., Inc. shall at all times during the period of this agreement, be subject to call for attendance upon any fire or emergency occurring in such district, and when notified by alarm or telephone call or otherwise from any person of a fire or emergency within the district, such department shall respond and attend upon the fire or emergency without delay with suitable ladder, pumping and hose apparatus, and ambulance of said volunteer fire company. Upon arriving at the scene of the fire, the firemen of said volunteer fire department attending shall proceed diligently and, in every way, reasonably suggested to the extinguishment of the fire, and/or care of emergency and the saving of life and property in connection therewith.
                2. EQUIPMENT AND MANPOWER: The Lily Dale Volunteer Fire Co., Inc. shall furnish such service and equipment aforesaid in answering calls in said district, and such other equipment or apparatus as the Fire Chief of the Lily Dale Volunteer Fire Co., Inc. may deem necessary, and the personnel of the Fire Department as has been heretofore performed in answering calls in said district.
                3. CONTRACT AMOUNT: In consideration of furnishing aid and the use of the said service and equipment or apparatus, the Lily Dale Volunteer Fire Co., Inc. shall be paid by the Town the sum of $32,228.00 for the terms of this contract to be paid on or before April 1, 2023. The foresaid payment to the Fire Company for its service shall include and cover all the costs and expenses, which may be incurred by the Company providing fire protection under the contract such as damage for loss to apparatus and equipment.
                NOTE; In determining the above consideration, the cost of debt service for the addition to the fire hall was excluded from the volunteer fire department budget and will be similarly not considered in future contracts.
                4. CONTRACT TERM; this contract is to become effective January 1, 2023 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2023 unless sooner terminated in a manner provided by law.
                5. DISTRICT CHARGE: All monies to be paid under the provisions of this agreement shall be a charge upon said Fire Protection District to be assessed and levied upon the taxable property in said district and collected with the Town taxes.
                6. Members of the fire company while engaged in the performance of their duties answering, attending upon or returning from any call provided for by this contract shall have the rights, privileges and immunities as provided by law.
Comments:
-None-
With no additional comments or concerns by the public, a motion was made by Councilman Sedota, seconded by Councilwoman Eckman to close the public hearing at 6:03P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC, Town Cler

November 9, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., November 09, 2022 at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                               
                      Supervisor Daniel Pacos
                        Town Clerk Allison Vento
PRESENT:      Town Attorney Jeffrey Passafaro
                       Highway Superintendent Jude Gardner
                                               
COUNCILPERSONS:           John Sedota
                                              Ann Eckman
                                              Christopher Schaeffer

ABSENT:                               Brett Christy

The Pledge was recited and led by Supervisor Pacos.            

DULY MOVED by Councilman Sedota to accept the minutes of the October 12, 2022 Regular Town Board Meeting Minutes. The motion was seconded by Councilman Schaeffer. The motion carried unanimously with Councilwoman Eckman abstaining.

DULY MOVED by Councilman Sedota to accept the minutes of the October 17, 2022 Budget Workshop meeting minutes. The motion was seconded by Councilman Schaeffer. The motion carried unanimously with Councilwoman Eckman abstaining.

DULY MOVED by Councilman Sedota to accept the minutes of the October 19, 2022 Special Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously with Councilwoman Eckman abstaining.


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2022 with no additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

General Fund Town Wide      $12,688.94
General Fund Part Town        $4,543.27
Highway Fund Part Town      $11,230.05
Berry Water District               $222.35
Chestnut Water District          $198.83
North End Water District        $438.86
Lily Dale Sewer District         $31,501.33
Lily Dale Water District         $4,605.04
Capital Projects                       $480,432.88


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2022 in the amount of $67,611.69 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

DULY MOVED by Councilman Schaeffer to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWWIDE
$300    FROM             A1990.4 Contingent
            TO                   A1220.4 Supervisor Contractual
            For Municipal Solutions invoices paid

$3,565 FROM             A1990.4 Contingent Account
            TO                   A1910.4 Unallocated Insurance
            For higher than budgeted policy renewal premiums

$400    FROM             A1990.4 Contingent
            TO                   A1410.4 Town Clerk Contractual
            For publishing of legal notices

$600    FROM             A9060.8 Employee Benefits Hospital & Medical Insurance
            TO                   A9060.81 Employee Benefits Dental Insurance


TOWN CLERK REPORTS
  • The Pomfret Clerks Office month of October 2022 monthly report is on file. A total of $12,376.00 was collected.
  • Pomfret Town Justice report for October 2022 is as follows:
Justice Dietzen Total Cases:100
                        Total Fine & Surcharges: $8,256.00
                        Cases dismissed: 22

                        Justice Cerrie Total Cases: 128
                        Total Fine & Surcharges: $9,035.00
                        Cases dismissed: 33
  • The Historian Report for November 2022 has been distributed to the board and it is on file in the Clerk’s office.
  • The Pomfret Town hall will be closed from 12:00-1:00P.M. on Wednesday, November 16, 2022.
  • The Town of Pomfret offices will be closed Friday, November 11th-Veterans Day, Thursday, November 24th and Friday, November 25th-Thanksgiving Holiday.
HIGHWAY SUPERINTENDENT REPORTS:
  • Councilman Schaeffer made a motion to declare the following items surplus at the recommendation of Highway Superintendent, Jude Gardner, no longer a use to town residents with permission to auction them to the highest bidder. The motion was seconded by Councilwoman Eckman and carried unanimously.
-Battle axe culvert cleaner
-Two 11’ft one-way plows
-Helac attachments
-Eight old plow cutting edges
-Eight sets of old plow truck chains

AUDIENCE COMMENTS
-None

SUPERVISOR PACOS
  • Supervisor Pacos made a motion to approve the 2023 Budget with the following rates: Townwide Rate is 4.1733498 ($0.05 increase)
    Additional Outside Village rate is 4.4086341
Total Outside Village is 8.5819839 ($0.00)
The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
  • Councilwoman Eckman made a motion to approve the Lily Dale Fire Contract in the amount of $32,228.00 for the year 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to include the seasonal cemetery employees in the Veteran’s Day paid holiday on November 11, 2022. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to approve and pay all year end bills for the year 2022. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule the 2023 Organizational Meeting for January 11, 2023, at 5:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the increase of dog licensing fees and include a late fee of $25.00 per dog not licensed within the time frame dictated by the Town Clerk, effective January 1, 2023 to $9.00 per spayed/neutered dog and $17.00 for each unspayed/unneutered dog. With the required state fees bringing the total to $10.00 per spayed/neutered dog and $20.00 unspayed/unneutered dog. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board is moving forward with the replacement of the second pump station in Lily Dale.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for a proposed Local Law for the NYS Code Enforcement Regulations on Wednesday, December 14, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to amend the motion made October 12, 2022, giving Supervisor Pacos authorization to approve the bid for concrete for the Highway Salt Barn. With the only bid accepted, it was awarded to Kistner Concrete Products, Inc. at a cost not to exceed $111,456.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF POMFRET, NEW YORK, TO APPROPRIATE A PORTION OF FUNDS RECEIVED BY THE TOWN FROM THE AMERICAN RESCUE PLAN ACT TO THE CAPITAL IMPROVEMENTS PROJECT CONSISTING OF THE CONSTRUCTION OF A SALT STORAGE FACILITY.
WHEREAS, on March 11, 2021, Joe Biden, the President of the United States of America signed into law the American Rescue Plan Act (“ARPA”) which provides financial assistance to assist in the continued relief from the impact of the Covid-19 pandemic and authorized the Department of the Treasury to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund,
 and WHEREAS, the Town of Pomfret is expected to receive $363,383.52 of total ARPA funding;
and WHEREAS, the Town has previously resolved to undertake a capital improvements project involving the construction of a salt storage facility located along Chautauqua Road in the Town;
 NOW, THEREFORE, BE IT RESOLVED by the Town Board that:
The Town hereby commits to allocate ARPA funds in the amount of up to $40,000 to provide partial funding for the construction of the Salt Storage Facility.
This Resolution shall become effective immediately upon execution.

 
  • Councilwoman Eckman and Supervisor Pacos will be holding interviews for the upcoming vacant Assessor Clerk position in the near future.
  • Councilwoman Eckman and Councilman Christy will be holding interviews for the vacancy of Zoning Enforcement Officer position in the near future.
 
  • Supervisor Pacos announced the Town of Pomfret is in receipt of a $5,000,000.00 NYS Water Infrastructure Improvement (WIIA) grant for their upcoming North End Phase II water project. The town was also awarded at $30,000.00 grant from EPG for sewer expansion within the Town of Pomfret. Supervisor Pacos thanked the engineers and Municipal Solutions for their hard work in getting the grant submitted.
  • Town of Pomfret will be the destination for the food drive held by Rural Ministry on Saturday, November 12, 2022 from 12:00-3:00P.M. and Sunday, November 13, 2022 from 9:00A.M. to 12:00P.M. They are accepting frozen turkeys and hams for the holiday season.

COUNCIL REPORTS

COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota will be fulfilling the presence of a town representative at the monthly Fredonia Fire Department meetings.

COUNCILMAN SCHAEFFER
  • The Fredonia Opera House is hosting another historical presentation on the Underground Railroad. This will be held November 10, 2022 at 7:00P.M.
  • November 15, 2022 there will be a local artist show with Mackenzie Sheldon and Connie Lavelle, both art teachers at Fredonia Central School District.
  • The Barker Library and Museum will be participating in Christmas Caroling on December 17, 2022 at 4:30P.M.
  • The library mural will be placed on the outside wall which faces Main St. in the Village.
  • The Chamber will be holding their Small Business Saturday on November 27, 2022 and hosting the Miracle on Main Street December 3, 2022 from 9:00A.M. to 6:00P.M.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman attended the ribbon cutting for a new business, “716 Eye Care” in the Pucci Building downtown Fredonia.
  • Festivals Fredonia will be holding a new event, ‘Hot Toddy Crawl” during the Miracle on Main Street. All are welcome to attend.
DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer at 7:17 P.M. The motion carried unanimously.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk
 

October 19, 2022 Special Meeting Minutes

            SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00P.M. October 19, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                    Supervisor Daniel Pacos
                    Town Clerk Allison Vento
PRESENT:     John Sedota
                     Christopher Schaeffer
                     Brett Christy

ABSENT:                               Ann Eckman

Supervisor Pacos led the Pledge of Allegiance of the Flag to begin the meeting of the Pomfret Town Board.

Supervisor Pacos
  • Councilman Sedota made a motion to approve the recommended, Engineer approved quote from BECC Electric for the Pomfret Highway Barns Salt Shed at a cost not to exceed $24,450.00. The motion was seconded by Councilman Christy and carried by roll call vote.
Councilman Sedota: AYE
Councilman Christy: AYE
Councilman Schaeffer: Abstain
Supervisor Pacos: AYE
  • Councilman Schaeffer made a motion to approve the recommended, Engineer approved, quote from Lancaster Tanks and Steel Products of Buffalo, for the fuel tanks for the Pomfret Highway Barns Salt Shed project at a cost not to exceed $12,409.68. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to approve the quote for concrete blocks for the Pomfret Highway Barns Salt Shed project. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:58P.M.


Respectfully Submitted,
           
Allison Vento
Town Clerk
 

October 12, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. October 12, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                                   Supervisor Daniel Pacos
                                   Town Clerk Allison Vento
PRESENT:                  Town Counsel Jeffrey Passafaro
                                    Highway Superintendent Jude Gardner
                                               
COUNCILPERSONS:           John Sedota
                                                Christopher Schaeffer

                                                Ann Eckman
ABSENT:                               Brett Christy


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

DULY MOVED by Councilman Schaeffer to accept the minutes of the September 14, 2022 Public Hearing Minutes-Cannabis Rules and Regulations. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 14, 2022 Regular Town Board Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 5, 2022 Special Meeting Minutes of the Pomfret Town Board. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the October 5, 2022 Public Hearing Minutes-Comprehensive Plan. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2022. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-Absent

General Fund Town Wide      $24,560.75
General Fund Part Town        $17,364.69
Highway Fund Part Town       $14,743.66
Berry Water District               $ 8,275.43
Chestnut Water District          $ 2,577.46
North End Water District        $44,916.53
Rt. 20 Water District               $       35.33
Rt. 20 Sewer District              $       45.44
Rt. 60 Water District               $ 5,381.04
Rt. 60 Sewer District              $ 3,027.37
Lily Dale Sewer District         $ 7,070.35
Lily Dale Water District         $ 2,853.12
Lakeview Sewer District        $      52.90
Sewer District 1                      $ 1,993.93
Sewer District 2                      $ 1,277.05
Capital Projects                       $22,021.00



DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2022 in the amount of $250,296.44 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-Absent

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the September 2022 report of monies collected. A total of $7,745.05 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for September 2022 is as follows:
Justice Dietzen Total Cases: 127
                        Total Fine & Surcharges: $10,073.00
                        Cases dismissed: 18

                        Justice Cerrie Total Cases: 119
                        Total Fine & Surcharges: $10,347.00
                        Cases dismissed: 25
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.
  • Zoning and Planning Clerk submitted minutes to the board for the recent Planning and Zoning Hearings.
  • Town Clerk Vento addressed the board in regards to the dog licensing fees. The fees have not increased since 2010. The board agreed they would be in favor of increasing the fees from $7.00 for a spayed/neutered dog to $9.00 and $15.00 for unspayed/unneutered to $17.00. The Clerk as advised to review the local law on how to increase the fees and having information for the November Meeting.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The September work report was distributed.
  • A discussion was had about the concrete blocks needed for the construction of the Salt Barn. No bids were received after being advertised. Highway Superintendent Gardner will reach out to previously stated interested companies to submit a bid for the project.
SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve Local Law #4 of 2022-Cannabis Rules and Regulations, the motion was seconded by Councilman Sedota and carried unanimously.
Section One – Authority:   This Local Law of the Town of Pomfret, Chautauqua County, New York, is enacted by the Town Board exercising its authority under the Constitution of the State of New York, and the Town Law, General Municipal Law, and the Marijuana Regulation and Taxation Act for the Protection and Preservation of public safety and property in the Town of Pomfret.  

Section Two – Purpose:  It is the intention of the Town Board in enacting this Local Law to promulgate rules and regulations pertaining to retail dispensaries and on-site consumption licenses under the Cannabis Law of the State of New York.

Section Three – Licensing:   All cannabis or marijuana establishments located within the Town of Pomfret shall be licensed under the State of New York Marijuana Regulation and Taxation Act and/or the Cannabis Control Board established thereunder.  No facility shall be permitted in the Town of Pomfret unless licensed under New York State Law.
 
Section Four – Location:                  
A.        No Cannabis or Marijuana facility, licensed or permitted under New York State Law, shall be located in the Town of Pomfret, except in the Town of Pomfret Industrial District or Highway Business District.

B.        Adult use retail dispensaries and on-site consumption establishments, licensed by the State of New York, shall also be required to obtain a special use permit from the Town of Pomfret.  A special use application shall be submitted to the Town of Pomfret Zoning Board of Appeals, which shall conduct a Public Hearing and determine.

Section Five – Regulations:              
A.        A separate special use permit is required for each premise in which a cannabis establishment is to be operated.  No two or more different cannabis establishments may be treated as one premise, nor may more than one such establishment be co-located on a single premise or property.

B.        All cannabis establishments shall be contained within a secure building or structure.  All structures used for cannabis establishments shall be set back from the front, side, and real property lines in accordance with the Town of Pomfret Zoning Laws for the district.  No cannabis establishment shall have a gross floor area in excess of Two Thousand, Five Hundred (2,500) square feet.
C.        All aspects of the cannabis establishment relating to possession, processing, sales, distribution, dispensing, or administration of cannabis or marijuana products, related supplies, and materials shall not be visible from the exterior of the business.  No outside storage of any sort shall be permitted, including product or product waste associated with the licensed establishment.
D.        No on-site consumption premise or dispensary shall be located within a building that contains residential units, including transient housing, hotel, motel, dormitories; nor shall they be located inside a movable or mobile structure such as a car, van, truck, bus, trailer, or cargo container. 
E.         No licensed cannabis premise or premises in the Town of Pomfret shall be located within five hundred (500) yards of any residence, school, licensed childcare center, playground, park, athletic field, or any other facility where children commonly congregate, church, place of worship, or any other licensed cannabis/marijuana dispensary or on-site consumption premise.  The distance shall be measured in a straight line from the nearest point from the property boundary line of the licensed premise to the nearest point of the boundary line of the property on which the use or uses just recited is located.
F.         No licensed cannabis/marijuana establishment shall be located within the same premises as any medical office or any other professional practitioner authorized or licensed to prescribe the use of medical marijuana.
G.        The hours of operation of all licensed cannabis/marijuana establishments in the Town of Pomfret shall be limited to Monday through Saturday, from 10:00 a.m. to 9:00 p.m.; and Sunday from 12:00 p.m./noon to 6:00 p.m.
H.        No cannabis or marijuana establishment may operate a drive-thru or drive-in service.
 I.          Any and all signs related to the licensed cannabis/marijuana establishment must be located on the same premises or building where the licensed establishment is located; and further must be in compliance with all sign regulations under the Town of Pomfret Code.  No sign, advertisement, display, or other promotional material which utilizes graphics related to marijuana or marijuana paraphernalia, or symbols related to marijuana shall be visible to the public from any public right-of-way, including, but not limited to highways, streets, sidewalks, pedestrian walkways.
 J.          Every licensed cannabis/marijuana establishment in the Town of Pomfret shall be ventilated in such a manner;
i) That no pesticides, insecticides, or other chemicals or products used in the cultivation or processing are disbursed into the outside atmosphere or ground.  
ii) No odor from any licensed cannabis/marijuana establishment can be detected by a person with a normal sense of smell at the exterior of the building wherein the licensed cannabis/marijuana establishment is located, or at any adjoining use or property.
iii) All licensed cannabis premises in the Town of Pomfret shall be designed, constructed, and operated so that no odor from the premises emanates from the building hosting the licensed premises.

Section Six – Violations:  Any violation of this Local Law shall be treated as a violation under the Penal Law of the State of New York, with penalties prescribed under the Penal Law of the State of New York and the Criminal Procedure Law of the State of New York. The Town Board reserves the right to seek injunctive and civil relief as it may determine.




Section Seven – Validity:   If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

Section Eight – Effective Date:  This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for any lawful business before the board on Wednesday, October 19, 2022 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve the Type II SEQR with declaring a Negative Declaration, having conducted the public hearing for the Joint Comprehensive Plan and with no further proceedings required under the State Environmental Quality Review Act. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Pomfret/Fredonia Joint Comprehensive Plan as amended on October 12, 2022. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to schedule a Public Hearing for the Purpose of the Lily Dale 2023 Fire Contract on Wednesday, November 9, 2022 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The purposed amount for 2023 is $32,228.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule a Public Hearing for the purpose of the Preliminary 2023 Town of Pomfret Budget on Wednesday, November 9, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the Rak 2 Solar, LLC Decommissioning Plan. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the budget amendment for the Lily Dale Water District #8 from $5,000.00 to $2,000.00 on the ‘Miscellaneous’ budget line. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to approve the request from Festivals Fredonia for the use of the Forest Hill Cemetery for their annual ‘Harvest Moon Cemetery Tours’ on Friday, October 21 and Saturday, October 22, 2022 from 5:00P.M. to 12:00A.M. midnight. The motion was seconded Councilman Sedota and carried.
  • Councilman Sedota made a motion to set the October 31, 2022 Halloween Trick or Treat hours from 4:30P.M. to 7:30P.M. these hours coincide with the Village of Fredonia hours. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos has updated the Town Board with list of projects ongoing in the Town of Pomfret.
  • Councilman Schaeffer made a motion to authorize of Town Attorney Passafaro to submit a letter to Attorney John P. Gullo stating the Pomfret Town Board has no objection to the issuance of a Repair Shop License issued by the State of New York at 10260 McAllister Road, Fredonia also informing Mr. Gullo the consent of this license does not confer any changes to the Pomfret Zoning Code. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Darwin R. Barker Library meeting. The library is moving forward with the installation of a mural. Mr. Stanley Star has donated a monetary amount to be used for repairs and updates to the library.
  • The museum will be introducing a ‘Seed Library’ where residents can participate in exchanging seeds and donating them.
  • Festivals Fredonia Fire Department Open House has a success. It was well attended by many families in the community.
  • The Chamber is hosting a series of ‘Business After Hours.’ These will be held October 27, 2022 at 21 Brix, November 3, 2022 at Southern Tier. The Small Business Saturday event will be held November 26th.
  • The Opera House is hosting a lecture by Michelle Henry, Chautauqua County Historian on October 13, 2022.  
COUNCILMAN SEDTOA
-None

COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro has been working with Code Enforcement Officer, Warren Kelly, on the mandated changes to the NYS to the Uniform Code. A draft Local Law will be presented to the board. These changes must be adopted by 12/31/2022.
DULY MOVED by Councilman Schaeffer to adjourn the Pomfret Town Board Regular Meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time:7:05 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

October 5, 2022 Public Hearing Minutes-Joint Comprehensive Plan

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, October 5, 2022 at 5:15 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding The Comprehensive Plan being reviewed to serve as a guide to both municipalities, Town of Pomfret and the Village of Fredonia for development with respect to control of land uses, zoning, and to assist decision makers with future development in accord with priorities developed by these communities.
The Town Board will also consider matters related to the State Environmental Quality Review Act as it pertains to the review of a draft comprehensive plan.

Public Comments:
  • Linda Warner asked the board if this Comprehensive Plan will affect the recent zoning changes which the board adopted. Supervisor Pacos stated it will not. This plan is a series of recommendations including updating zoning definitions, expanding the water and sewer throughout Town of Pomfret, and promote the agriculture in our area. Supervisor Pacos said some may be taken into consideration and some may not. It will be up to the board to decide.

With no further public comments, a motion made by Councilman Schaeffer seconded by Councilman Christy, to close the Public Hearing at 5:22 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

October 5, 2022 Special Meeting Minutes

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

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

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

The purpose of this Special Meeting of the Pomfret Town Board is for the Town Clerk to present the 2023 Tentative Budget to the board and any other lawful business before the board.
 
  • The Town Clerk presented the Tentative 2023 Budget to the Town Board.
Supervisor Pacos noted the 2023 Tentative Budget reflects a town wide rate of 4.2584564, increase of .13 (3.15%) and outside Village rate of 4.4106289, increase of .09 (1.05%) Total Outside Village Rate of 8.6690853 , an increase of 0.09.
  • Councilwoman Eckman made a motion to approve the following Lily Dale Project Budget Modifications. The motion was seconded by Councilman Christy and carried by roll call vote.
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Lily Dale Water Project (“Project); and
WHEREAS, the Town Board wishes to adjust the project budget items to more accurately reflect actual costs and;
WHEREAS, Rural Development requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret authorizes the following Budget modifications for the Project:
Increase Extra Work (Area 1 CO#3)    Increase of      $150,904
Increase Extra Work (Area 2 Town Cost)Increase of      $15,610
Town Extra Contribution      Increase of      $67,105
Net Interest     Decrease of     $67,905.75
Contingency Increase of      $67,107
Contingency Decrease of     $95,608.25
ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE

Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Councilwoman Eckman made a motion to accept the resignation of Pomfret Zoning Enforcement Officer, Greg Danielson, effective September 27,2022 with regret. The motion was seconded by Councilman Schaeffer and carried unanimously.
DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer to adjourn the Special Town Board Meeting at 5:11 P.M. The motion was carried unanimously.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

September 14, 2022 Public Hearing Minutes-Cannabis Rules and Regulations

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 14, 2022 at 6:15 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a local law enacting Cannabis Rules and Regulations for the Town of Pomfret.                      
The proposed local law is as follows:

Section One – Authority:  This Local Law of the Town of Pomfret, Chautauqua County, New York, is enacted by the Town Board exercising its authority under the Constitution of the State of New York, and the Town Law, General Municipal Law, and the Marijuana Regulation and Taxation Act for the Protection and Preservation of public safety and property in the Town of Pomfret.  

Section Two – Purpose:   It is the intention of the Town Board in enacting this Local Law to promulgate rules and regulations pertaining to retail dispensaries and on-site consumption licenses under the Cannabis Law of the State of New York.

Section Three – Licensing:   All cannabis or marijuana establishments located within the Town of Pomfret shall be licensed under the State of New York Marijuana Regulation and Taxation Act and/or the Cannabis Control Board established thereunder.  No facility shall be permitted in the Town of Pomfret unless licensed under New York State Law.
 
Section Four – Location:                  
A.        No Cannabis or Marijuana facility, licensed or permitted under New York State Law, shall be located in the Town of Pomfret, except in the Town of Pomfret Industrial District or Highway Business District.

B.        Adult use retail dispensaries and on-site consumption establishments, licensed by the State of New York, shall also be required to obtain a special use permit from the Town of Pomfret.  A special use application shall be submitted to the Town of Pomfret Zoning Board of Appeals, which shall conduct a Public Hearing and determine.


Section Five – Regulations: 
A.        A separate special use permit is required for each premise in which a cannabis establishment is to be operated.  No two or more different cannabis establishments may be treated as one premise, nor may more than one such establishment be co-located on a single premise or property.

B.        All cannabis establishments shall be contained within a secure building or structure.  All structures used for cannabis establishments shall be set back from the front, side, and real property lines in accordance with the Town of Pomfret Zoning Laws for the district.  No cannabis establishment shall have a gross floor area in excess of Two Thousand, Five Hundred (2,500) square feet.
C.        All aspects of the cannabis establishment relating to possession, processing, sales, distribution, dispensing, or administration of cannabis or marijuana products, related supplies, and materials shall not be visible from the exterior of the business.  No outside storage of any sort shall be permitted, including product or product waste associated with the licensed establishment.
D.        No on-site consumption premise or dispensary shall be located within a building that contains residential units, including transient housing, hotel, motel, dormitories; nor shall they be located inside a movable or mobile structure such as a car, van, truck, bus, trailer, or cargo container. 
E.         No licensed cannabis premise or premises in the Town of Pomfret shall be located within five hundred (500) yards of any residence, school, licensed childcare center, playground, park, athletic field, or any other facility where children commonly congregate, church, place of worship, or any other licensed cannabis/marijuana dispensary or on-site consumption premise.  The distance shall be measured in a straight line from the nearest point from the property boundary line of the licensed premise to the nearest point of the boundary line of the property on which the use or uses just recited is located.
F.         No licensed cannabis/marijuana establishment shall be located within the same premises as any medical office or any other professional practitioner authorized or licensed to prescribe the use of medical marijuana.
G.        The hours of operation of all licensed cannabis/marijuana establishments in the Town of Pomfret shall be limited to Monday through Saturday, from 10:00 a.m. to 9:00 p.m.; and Sunday from 12:00 p.m./noon to 6:00 p.m.
 H.        No cannabis or marijuana establishment may operate a drive-thru or drive-in service.
 I.          Any and all signs related to the licensed cannabis/marijuana establishment must be located on the same premises or building where the licensed establishment is located; and further must be in compliance with all sign regulations under the Town of Pomfret Code.  No sign, advertisement, display, or other promotional material which utilizes graphics related to marijuana or marijuana paraphernalia, or symbols related to marijuana shall be visible to the public from any public right-of-way, including, but not limited to highways, streets, sidewalks, pedestrian walkways.
   J.          Every licensed cannabis/marijuana establishment in the Town of Pomfret shall be ventilated in such a manner;
 i) That no pesticides, insecticides, or other chemicals or products used in the cultivation or processing are disbursed into the outside atmosphere or ground.  
ii) No odor from any licensed cannabis/marijuana establishment can be detected by a person with a normal sense of smell at the exterior of the building wherein the licensed cannabis/marijuana establishment is located, or at any adjoining use or property.
iii) All licensed cannabis premises in the Town of Pomfret shall be designed, constructed, and operated so that no odor from the premises emanates from the building hosting the licensed premises.

Section Six – Violations:    Any violation of this Local Law shall be treated as a violation under the Penal Law of the State of New York, with penalties prescribed under the Penal Law of the State of New York and the Criminal Procedure Law of the State of New York.
The Town Board reserves the right to seek injunctive and civil relief as it may determine.

Section Seven – Validity:   If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

Section Eight – Effective Date:  This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
None
Town Board Comments:
None

With no further public comments, a motion made by Councilwoman Eckman seconded by Councilman Schaeffer, to close the Public Hearing at 6:17 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

September 14, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 14, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                        Supervisor Daniel Pacos
                        Town Clerk Allison Vento
PRESENT:      Town Counsel Jeffrey Passafaro
                        Highway Superintendent Jude Gardner
                                               
COUNCILPERSONS:           John Sedota
                                                Christopher Schaeffer
                                                Ann Eckman
                                                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 August 10, 2022 Regular Town Board Meeting Minutes The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the  
August 24, 2022 Special Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the September 7, 2022 Public Hearing-North End Phase II. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 7, 2022 Special Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #9 of 2022. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $12,990.68
General Fund Part Town        $468.06
Highway Fund Part Town       $124,147.05
Berry Water District               $153.20
Chestnut Water District          $129.83
North End Water District        $352.50
Lily Dale Sewer District         $8,720.48
Lily Dale Water District         $3,017.75
Capital Projects                       $16,513.40


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #29 of 2022 in the amount of $142,607.10 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the August 2022 report of monies collected. A total of $16,206.900 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for August 2022 is as follows:
Justice Dietzen Total Cases: 121
                        Total Fine & Surcharges: $9,650.00
                        Cases dismissed: 22

                        Justice Cerrie Total Cases: 150
                        Total Fine & Surcharges: $8,111.00
                        Cases dismissed: 35
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The August work report was distributed.
  • Christy Road has been paved.
  • Chautauqua County shouldered Christy Road and Shumla Road.
  • Patching within the Town has been completed.
  • The mowing for the fall season has begun.
  • The bore sample for the salt barn is being conducted on September 15, 2022.
  • The Town Board has been updated on the annual highway inventory/equipment.
  • Councilman Christy made a motion to approve the bid submitted by Steel Master in the amount of $86,280.00 for the steel structure of the salt barn. The motion was seconded by Councilman Schaeffer and carried unanimously.

SUPERVISOR PACOS
  • A motion made by Councilwoman Eckman to schedule a Special Meeting of the Town Board for the purpose of the Town Clerk to present the 2023 Tentative Budget to the Board and any other lawful business before the board. The meeting will be held October 5, 2022 at 5:00P.M. at Pomfret Town Hall, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to schedule the following budget workshops at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
Monday           October 17, 2022
Wednesday     October 19, 2022
Monday           October 24, 2022
Tuesday           October 25, 2022
  • A motion made by Councilman Schaeffer, seconded by Councilman Sedota to approve the part-time Code Enforcement Officer to attend necessary training at a reasonable cost to the town for the remainder of the 2022 year. The motion carried unanimously.
  • Councilman Christy made a motion, seconded by Councilman Schaeffer to approve the Lily Dale Water District Change Order #3 at a cost of $150,904.00. The motion carried unanimously.
 
  • Councilman Christy made a motion, seconded by Councilman Schaeffer to approve the Lily Dale Sewer District additional work as recommended by E&M Engineers at a cost not to exceed $15,610.00, to be paid out of the Lily Dale Sewer District funds. The motion passed unanimously.
  • Councilwoman Eckman made a motion to amend the formula for usage for Lily Dale Water District #8 by adding an additional $47.50 per account, per quarter for the debit service incurred by the Village of Cassadaga. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to designate the Town of Pomfret as Lead Agency for the portion of the Town of Pomfret Joint Comprehensive Plan with anticipation the Village of Fredonia will act as Lead Agency for the Village of Fredonia portion. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Joint Compressive Plan on October 5, 2022 at 5:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the Town of Pomfret and the Village of Fredonia received a grant from Northern Chautauqua Community Foundation for the development of a joint, comprehensive plan, and
WHEREAS, the two municipalities have retained INGALLS, planning consultants, to assist the municipalities in the development of a comprehensive plan, and
WHEREAS, INGALLS has produced a draft comprehensive plan for review by both municipalities, and
WHEREAS, a Public Hearing is required on said comprehensive plan, it is
RESOLVED that the Town Board of the Town of Pomfret conduct a Public Hearing on the draft comprehensive plan prepared for the Town and Village by INGALLS, Planning Consultants, on October 5, 2022, at 5:15 P.M. at the Town Hall, Town of Pomfret, 9 Day Street, Fredonia, New York.
Town Clerk is directed to post and publish Notice of Public Hearing as required by Law.
 
  • A motion made by Councilwoman Eckman to accept the resignation, with regret, from Dog Control Officer, Jude Gardner, effective September 30, 2022. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilman Schaeffer to accept the resignation, with regret and many thanks for years of service of Kathy Ludemann, Clerk to Assessor, effective December 31, 2022. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board has received a letter from Chautauqua County Agriculture & Farmland Protection Board for the Schofield Solar application at 5208 W. Main Rd., Fredonia made within the Town of Pomfret. It is on file with the Clerk’s Office.
  • The Town Board has received correspondence from the NYS DOT for work being completed on NY Route 60 from One mile South of NY Route 83 to ½ Mile North of US Route 20. The letter is on file with the Clerk’s Office.
  • Discussion was had in regards to a request Supervisor Pacos received for a Community Solar Program. No action or decision was made.
  • The Cassadaga Lakes Association approached the board for a letter of support for their proposed kayak launch and financial help. After discussion the board directed Supervisor Pacos to write a letter of support to the Cassadaga Lakes Association and will consider allocating money in the 2023 budget.
  • Supervisor Pacos and Councilwoman Eckman have been invited to attend the Village of Fredonia Board meeting Monday, September 19th to answer and discuss questions regarding the North End Water District Phase II.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy represented the Pomfret Town Board by riding on the Fredonia Beaver Club float during the Annual Farm Festival.
  • Numerous phone calls in favor of the North End Water District Phase II have been received. He is very pleased residents are talking, listening, and asking important questions.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Festivals Fredonia meeting.
  • The Fredonia Fire Department is hosting an Open House on October 1, 2022 from 12-5P.M.
  • The Chautauqua County Chamber is holding their annual dinner/awards on October 6, 2022. Councilwoman Eckman and Clerk Vento will be attending.
  •  The Chamber ‘Hops and Pops’ event is being held Thursday, September 15, 2022.
  • The Fredonia Opera House is holding their Bake and BBQ event on September 17, 2022. The Bake sale will be held starting at 9:00A.M. and the BBQ will be from 11:00A.M.-2:00P.M.

COUNCILMAN SEDTOA
  • There will be no cannabis meeting in September. When the next meeting is scheduled, he will inform the board.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman has been attending several Festival Fredonia specific event meetings.
  • The Annual Farm Festival and the Red, White, and Blues festival were extremely successful. The next events planned are the October ‘Harvest Moon Cemetery Tours’ and ‘Miracle on Main.’
  • Mrs. Eckman and Mr. Pacos helped the Pomfret Cemetery Crew in weeding and cleaning out the middle of the round-a-bout.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board there is a local law the board will have to decide on adopting regarding the new Code Enforcement Officer regulations coming from the State.

DULY MOVED by Councilman Schaeffer to adjourn the Pomfret Town Board Regular meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:48P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

September 7, 2022 Public Hearing Minutes-North End Phase II

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 7, 2022 at 5:30P.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

COUNCILPERSONS:         Councilman John Sedota
                                                Councilwoman Ann Eckman
                                                Councilman Chris Schaeffer

ABSENT:                              Councilman Brett Christy

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

Town Clerk Vento provided proof of posting and publishing.

The purpose of the Public Hearing is to hear comments from the public regarding the North End Water District Phase II. The Map, Plan, and Report has an increase and improvement of the facilities of the district consisting of the installation of approximately 63,675 lineal feet of eight and four inch water mains and a water booster pump station. The estimated maximum cost of the project is $8,406,000.00.

Audience Comments:
  • Peg Card, Webster Road resident, stated she feels the residents in the Town of Pomfret need, want, and deserve to have municipal water. She has installed a new well and is having issues. She is asking the board to continue to move the project forward.
  • Julie Krystofiak, Pomfret Resident, asked how residents are to know if they are considered in the Phase II of the project. The board responded that the map, plan, and report is on file with the Clerk’s Office and available for inspection during business hours.
  • Ruth Golem asked the board to consider the possibility of windmills being placed in Lake Erie and the effect it may have on local water sources. She asked who will be providing the water for the new phase. Supervisor Pacos stated both the Village of Fredonia and the North County Water District will be suppliers.
  • A Pomfret resident located on Swamp Road, asked if there will he will be affected monetarily. The answer was yes, the debt service for the project will be placed on the tax bills for those in the district benefiting from the service.
  • Debbie Lore addressed the board asking how ‘dead end’ lines will be addressed. Supervisor Pacos responded stating any ‘dead end’ lines will be flushed accordingly and as needed.
  • Michael Gorka thanked the board for their involvement and pushing for the next phase of the North End Water District to help get potable water to the residents of the Town.
  • Several residents had questions regarding the debt service for the district. Supervisor Pacos and Councilwoman Eckman addressed this by stating the town is doing everything they can to apply for funds from multiple sources to help keep the cost down to the residents. They ensured the audience they are moving forward and working diligently to keep everything moving along.
  • Jim Joy commented on the current agreement with the Village of Fredonia and the clause about agriculture use of water. He asked the board to please consider negotiating an amendment to allow for farmers to use municipal water for cleaning of equipment and watering the livestock.
  • Larry Ludemann asked if the board was ready with all necessary paperwork for Phase III to continue shortly after the completion of Phase II. The Supervisor responded the board is looking to act on Phase III this time next year to go for funding. The engineering report is already started.
With no further public comments, a motion made by Councilman Schaeffer, seconded by Councilman Sedota, to close the public hearing at 6:00 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

September 7, 2022 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 6:00P.M. September 7, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                               Brett Christy


Supervisor Pacos
  • Councilman Sedota made a motion to adopt the following resolution. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
ROLL CALLL:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilwoman Eckman: AYE
Councilman Christy: Absent
WHEREAS, the Town Board has proposed improvements for the Town of Pomfret North End Water District, including the installation of approximately 140,000 linear feet of 4-inch and 8-inch water mains (including two booster pump stations and two water storage tanks) along portions of Wilber Road, Van Buren Road, Farel Road, Berry Road, North Road, Lowell Road, Lamberton Road, Adams Road, Webster Road, Ellicott Road, Harmon Hill Road, Walden Road, Christy Road, Straight Road, Route 60, Route 83, Brainard Road, Fredonia Stockton Road, Spoden Road, and Shumla road to serve approximately 300 properties; and
WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board of Pomfret intends to serve as Lead Agency for SEQRA review of this Type 1 Action and will determine if the proposed action will have a significant effect on the environment; and
WHEREAS, the Lead Agency will undertake a coordinated review of this proposed action.;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby designates its intention to serve as Lead Agency for the proposed action and will circulate Lead Agency Notice along with Part 1 of the Long Form Environmental Assessment Form and any other supporting documentation to all involved agencies. These agencies shall be given 30 days from the mailing of the Lead Agency Notice to consent. Interested Agencies will be given notice, but not required to consent pursuant to 6 NYCRR Part 617.6.
 
  • Councilwoman Eckman made a motion to adopt the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.
WHEREAS, the Town Board of the Town of POMFRET has commenced an increase and improvement of the facilities project in the North End Water District No. 7, Town of Pomfret, under Section 202-b of the Town Law of the State of New York, and
            WHEREAS, the Board has engaged CPL Engineers, Licensed Engineers in the State of New York to prepare a map, plan and report, which report the Board has reviewed, and
            WHEREAS, the improvement of the facilities in the North End Water District-No. 7, Phase 2 calls for the installation of approximately Sixty-Three Thousand, Six Hundred, Seventy-Five (63,675) lineal feet of Eight (8) and Four (4) inch water main, water booster pump station, and includes lands and rights in lands, furnishings, equipment, machinery, and apparatus, but will provide public water to an area that is dependent upon well water at the current time, and 
            WHEREAS, CPL Engineers have provided an EAF, Parts 1 and 2, which have been reviewed by the Town Board, and well known to the Town Board are the current water supply difficulties in the project area, which have been validated by the Chautauqua County Health Department, and
            WHEREAS, the Town Board has held a public hearing, duly noticed in accordance with law, on said 202-b Project, and all parties having been heard, and the map, plan and report having been reviewed by the Board, and the Board having considered all of the issues in Parts 1 and 2 of the EAF under SEQR, and in the opinion of the Engineer, it should issue a negative declaration with respect to said project;
            RESOLVED, that the Town Board of the Town of Pomfret does hereby find a negative declaration under the State Environmental Quality Review Act with respect to the proposed 202-b project in North End Water District, Water District No. 7-Phase 2 in the Town of Pomfret, and be it further
            RESOLVED that the Supervisor and Clerk are authorized to execute any and all necessary documents issuing a negative declaration, and filing and serving same in accordance with law. 
 
  • Councilman Schaeffer made a motion to adopt the following resolution, seconded by Councilman Sedota and carried by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilwoman Eckman: AYE
Councilman Christy: Absent
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, has heretofore caused a map, plan and report of proposed Improvements in the North End Water District, Water District No. 7, Phase 2 in said Town, together with an estimate of costs thereof, to be prepared by CPL Engineers, competent engineers licensed in the State of New York; and
            WHEREAS, upon completion of said map, plan and report and estimate of costs, and the filing thereof in the Office of the Town Clerk, the Town Board of said Town adopted an Order calling a public hearing thereon, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of New York, describing in general terms the proposed improvements, consisting of the installation of approximately 63,675 lineal feet of eight and four (8 and 4) inch water main and a water booster pump station, and including land or rights in land, furnishings, equipment, machinery, and apparatus required therefore; and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated August, 2022, and have estimated the maximum cost thereof to be expended, Eight Million, Four Hundred, Six Thousand ($8,406,000.00) Dollars, and
            WHEREAS, said Notice of Public Hearing was duly posted and published as required by Law, stating that the Town Board would meet to hear all persons interested in the subject matter thereof, on September 7, 2022 at 5:30 p.m. at the Town Hall, 9 Day Street, Fredonia, New York, to consider said increase and improvement of the facilities to the District as herein mentioned at a cost not to exceed Eight Million, Four Hundred, Six Thousand ($8,406,000.00) Dollars, and
            WHEREAS, a public hearing was held at the time and place aforesaid in the same manner described herein, at which time all persons interested in the subject matter were given an opportunity to be heard;
            NOW THEREFORE, upon the evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
            1.  The Notice of the Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory;
            2.  The construction of the improvements herein described is in the public interest;
            3.  Prior to soliciting competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further
            ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed Eight Million, Four Hundred, Six Thousand Dollars ($8,406,000.00), the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities to be expended; and it is further
            ORDERED that the expense of said increase and improvement of facilities shall be assessed, levied, and collected from the several lots of lands or parcels of land within the District, as such lands and lots of land are benefited, together with the several lots and parcels of land within the said North End Water District – Water District No. 7 as a whole; that North End Water District – Water District No. 7 was constituted on a benefit basis and the expenses of said District are assessed, levied, and collected on a benefit basis as a benefit District, and it is further
            ORDERED that the expense of said improvement of facilities may be offset by any grants received from State or Federal bodies, and that the balance of said cost of the improvements described herein will be bonded in an amount not to exceed Three Million, Four Hundred Thousand ($3,400,000.00) Dollars, and it is further
            ORDERED that the Town Board, in the name of the District, may accept all grants in aid from State and Federal agencies for the cost of said improvements, and may finance all or part of the balance not to exceed Three Million, Four Hundred Thousand ($3,400,000.00) Dollars in serial bonds; and it is further
            ORDERED that the Town Clerk shall record a copy of this Order in the Office of the County Clerk of the County of Chautauqua as required under Section 195 of the Town Law of the State of New York.
 
  • Councilwoman Eckman made a motion to adopt for following resolution, seconded by Councilman Schaeffer and carried by roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilwoman Eckman: AYE
Councilman Christy: Absent
A BOND RESOLUTION, dated SEPTEMBER 7, 2022, OF THE TOWN Board of the town OF POMFRET, Chautauqua County, new york (the “town”), AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT WITHIN the NORTH END Water district – wATER district no. 7 (phase 2) AT AN ESTIMATED MAXIMUM cost OF $8,406,000 AND AUTHORIZING (A) the application of up to $5,000,000 in grant funds from THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION, (b) THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,400,000 of the town, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND (C) THE USE OF OTHER AVAILABLE FUNDS OF THE TOWN  IN THE AMOUNT OF $6,000, said amount OF obligations to be OFFSET BY ANY ADDITIONAL federal, state, county and/or local FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York (the “Town”), has established the North End Water District – Water District No. 7 (the “District”); and
WHEREAS, the Town Board has determined, by resolution, to undertake a certain water system capital improvements project commonly known as “Phase 2” within the District; and
WHEREAS, the Town intends to apply for a $5,000,000 grant from the New York State Environmental Facilities Corporation (NYSEFC); and
WHEREAS, the Town Board has determined to proceed with such project by making an application to the NYSEFC for the hopeful receipt of grant funds; and
WHEREAS, the Town Board took the following actions with respect to such project: (a) received maps, plans and reports for such project, (b) held a public hearing with respect to such project, (c) considered all matters relating to, and complied with all obligations under, the State Environmental Quality Review Act and in connection therewith made such determinations with respect to such project as was required, (d) determined that the requirements of Article 12 of the Town Law had been satisfied with respect to such project and (e) determined to undertake such project; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance at least a portion of the costs of such project.
NOW THEREFORE,
BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1.   The Town is hereby authorized to undertake a water system capital improvements project (commonly known as Phase 2) that will generally consist of (but not be limited to), the installation of approximately 63,675 linear feet of water main and a water booster pump station, and including land or rights in land, furnishings, equipment, machinery, as well as other such improvements as more fully identified in (or contemplated by) such map, plan and report prepared in connection with such project, all of the forgoing to include all necessary site work, equipment, apparatus and other preliminary work (including design and survey) as well as other improvements and costs incidental thereto and in connection with the financing thereof (the “Project”).  The estimated maximum cost of said purpose is $8,406,000.
SECTION 2.   The Town Board plans to finance the estimated maximum cost of said purpose by a) the application of up to $5,000,000 of grant funds anticipated to be or actually received from the New York State Environmental Facilities Corporation, b) the issuance of serial bonds in an aggregate principal amount not to exceed $3,400,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, and c) the use of available funds of the Town in the amount of $6,000, said amount of obligations to be offset by any additional federal, state, county and/or local funds received.  Unless paid from other sources or charges, the costs of said increase and improvement of facilities will be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of the benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.
SECTION 3.   It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years.
SECTION 4.   Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.
SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
SECTION 6.   The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year.  Unless paid from other sources or charges, the costs of said increase and improvement of facilities will be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of the benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.  Should the assessments upon benefited real property be insufficient to pay the principal of and interest on such bonds, there shall annually be levied on all taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7.   Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
SECTION 8.   The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in this resolution.
SECTION 9.  This resolution shall constitute the declaration (or reaffirmation) of the Town’s “official intent” to reimburse the expenditures authorized in this resolution with the proceeds of the bonds, notes or other obligations authorized herein, as required by United States Treasury Regulations Section 1.150-2.
SECTION 10. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 12. The Town Supervisor is further authorized to call in and redeem any outstanding obligations that were authorized hereunder (at such times and in such amounts and maturities as may be deemed appropriate after consultation with Town officials and the Town’s municipal advisor), to approve any related notice of redemption, and to take such actions and execute such documents as may be necessary to effectuate any such calls for redemption pursuant to Section 53.00 of the Local Finance Law, with the understanding that no such call for redemption will be made unless such notice of redemption shall have first been filed with the Town Clerk.

SECTION 13. To the extent applicable, the Town Supervisor is hereby authorized to execute and deliver in the name and on behalf of the Town a project financing agreement prepared by the New York State Environmental Facilities Corporation (“EFC”) (the “Project Financing Agreement”).  To the extent applicable, the Town Supervisor and the Town Clerk and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the Project Financing Agreement.

SECTION 14. The Town has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law, and therefore, no further action under SEQRA is necessary.
                       
SECTION 15. In the absence or unavailability of the Town Supervisor, the Deputy Town Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution. 

SECTION 16. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1)        (a)        such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or
(b)        the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication; or
(2)        Said obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 17.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.
SECTION 18.  This Resolution is effective immediately.

DULY MOVED by Councilman Sedota to adjourn the Special Meeting of the Town Board, seconded by Councilman Schaeffer and carried unanimously. Time: 6:06P.M.


Respectfully Submitted,
           
Allison Vento
Town Clerk
 

August 24, 2022 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00 P.M. August 24, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                               Brett Christy

The Pledge of Allegiance was led by Supervisor Pacos to begin the Special Meeting of the Pomfret Town Board.

The purpose of this Special Meeting is for the Town Board to accept the map, plan, and report for Phase II of the North End Water District and schedule a Public Hearing for the North End Water District Phase II and any other lawful business before the board.

Supervisor Pacos
  • Councilwoman Eckman made a motion to accept the final Map, Plan, and Report from Clark Patterson Lee for the North End Water District, Phase II. The motion was seconded by Councilman Sedota and carried unanimously. 
  • Councilman Sedota made a motion to schedule a Public Hearing for September 7, 2022 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of the North End Water District Phase II. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule a Special Meeting of the Pomfret Town Board for the purpose of the North End Water District and any other lawful business before the board for September 7, 2022 at 5:45P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:24P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

August 10, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. August 10, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                                    Supervisor Daniel Pacos
                                    Town Clerk Allison Vento
PRESENT:                  Town Counsel Jeffrey Passafaro
                                Highway Superintendent Jude Gardner
                                               
COUNCILPERSONS:           John Sedota
                                                Christopher Schaeffer
                                                Ann Eckman

ABSENT:                               Brett Christy

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the July 13, 2022 Public Hearing Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the  
July 13, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #8 of 2022 with two additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Fund             Voucher #                   To                                Amount
General         48906              Ingalls Planning&Design        $8,333.34
General         48905              NYSTCA                                $40.00

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

General Fund Town Wide      $81,713.54
General Fund Part Town        $9,630.33
Highway Fund Part Town       $124,783.02
Berry Water District               $6,378.39
Chestnut Water District          $2,368.74
North End Water District        $38,615.75
Sewer District One                 $1,392.56
Sewer District Two                 $1,053.61
Rt. 20 Water District               $27.32
Rt. 20 Sewer District              $35.15
Rt. 60 Water District               $2,113.32
Rt. 60 Sewer District              $2,718.24
Lily Dale Sewer District         $7,871.14
Lily Dale Water District         $20,144.35
Lakeview Sewer District        $132.84
Capital Projects                       $5,020.74




DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #28 of 2022 in the amount of $121,353.16 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE


 TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the July 2022 report of monies collected. A total of $8,228.55 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for July 2022 is as follows:
Justice Dietzen Total Cases: 157
                        Total Fine & Surcharges: $9,330.00
                        Cases dismissed: 31   

                        Justice Cerrie Total Cases: 190
                        Total Fine & Surcharges: $10,891.00
                        Cases dismissed: 38
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.
  • The Pomfret Town Hall, 9 Day Street, will be closed Friday, August 26, 2022 because of the Fredonia Farm Festival. All Town of Pomfret Offices and Buildings were bill closed Monday, September 5, 2022 in observance of Labor Day

AUDIENCE CONCERNS
  • Andy Martin, Ingalls Planning & Design, updated the board on the joint Comprehensive Plan. He stated the draft plan has been distributed to the Pomfret Town Board and Village of Fredonia Board. He has requested any edits and/or comments be submitted in a timely fashion to finalize the plan and have both boards conduct a public hearing prior to adopting. He commended both boards for their hard work and commitment in putting this joint municipality document together.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July work report was distributed.
  • The Highway Department will be paving Christy Road on August 15, 2022.
  • The department is finishing patching and sealing for the year.
  • Councilman Schaeffer made a motion, seconded by Councilwoman Eckman to approve the Highway Superintendent to go out to bid for materials for the salt barn with sealed bids to be returned to the Town Clerk’s Office, 9 Day Street, Fredonia by Monday, September 12, 2022 by 4:00P.M. The motion carried unanimously.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the contract with Municipal Solutions for the North End Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $6,400 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
 
  • Councilman Schaeffer made a motion to approve the contract with Municipal Solutions for the Chestnut Road Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $1,800 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.
 
  • Councilman Sedota made a motion to approve the contract with Municipal Solutions for the Berry Road Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $1,800 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret engaged Clark Patterson Lee to complete an engineering report for the Town’s North End Water distribution system identifying the current water distribution system’s shortcomings, the proposed infrastructure improvement necessary to improve the distribution system’s performance, and the projected cost for residents of the Town; and
WHEREAS, affordability for the Town residents and property owners is a significant concern in advancement of the proposed projects; and
WHEREAS, the Town is eligible for Clean Water State Revolving Loan and Grant funding and the Town’s desire to submit a competitive application to obtain WIIA funding to assist in the making the projects economically viable to the Town’s sewer and water users;
NOW THEREFORE, be it RESOLVED as follows
The Town Board authorizes Municipal Solutions, Inc. to prepare an application for Water Infrastructure Improvement Act (WIIA) grant funds from the NYS Environmental Facilities Corporation (EFC) for both Clean Water and Drinking Water program funding consideration. The Town Board authorizes Daniel Pacos and Allison Vento in her role as Town Clerk, to execute the application and any necessary supporting document required to apply for Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC). This resolution shall take effect immediately.
  • Councilman Schaeffer made a motion to schedule a Public Hearing for September 14,2022 at 6:15P.M. for the purpose of the proposed Local Law, Cannabis Rules and Regulations at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the following resolution. The motion was seconded by Supervisor Pacos and carried by a roll call vote.
WHEREAS the State Comptroller’s Office states in General Municipal Law §5 and §5-b that this responsibility of the Town Clerk needs to be stated in a resolution to accept such payments for all services offered at the Town Clerks office including Tax Collection, and

WHEREAS the Pomfret Town Clerk has requested such a Resolution of authorization from the Pomfret Town Board,

NOW, THEREFORE, BE IT RESOLVED, that the Pomfret Town Board authorizes the Pomfret Town Clerk/Tax Collector to accept credit card payments as part of our local tax collection system and town clerk system, which payments would include a Consumer Convenience Fee, and

FURTHER RESOLVED that the Town Clerk/Tax Collector be authorized to enter into a contract with Forte for the Town Clerk/Tax Collector to handle credit card transactions on behalf of the Town of Pomfret, and

RESOLVED, that the Town of Pomfret Town Board does hereby authorize the Town Clerk to develop and administer internal procedures covering the acceptance of credit cards and debit cards and to administer said payment solutions though the Town’s authorized banking services, and;

BE IT SO RESOLVED; DULY ADOPTED, this 10th day of August, 2022 by the following roll call vote:

Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: Absent
Councilwoman Eckman: AYE
  • The Pomfret Town Board has been made aware there will be a future vacancy for the Assessor Clerk position as Kathleen Ludemann has expressed her intent to retire by December 1, 2022.
  • Supervisor Pacos made a motion to authorize the advertisement of a part-time Assessor Clerk, 20 hours minimum per week at a rate of pay to be established. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the request from Celea Cole Chapter of the Daughters of 1812 for the use of Forest Hill Cemetery on September 11, 2022 to conduct a proper ceremony to place an 1812 grave Marker at plot E/30 Memorial ID15739794 while in compliance with all of Pomfret Cemetery Rules and Regulations. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town Board has been received a copy of a letter from Chautauqua County Agricultural & Farmland Protection Board for their final notice of intent to undertake an action within the Ag. District, Pomfret II PV, LLC’s Pomfret II Solar Project in the Town. The letter states it is waiting on the decommissioning plan. The letter is on file with the Clerk’s Office.
  • Councilman Schaeffer made a motion to authorize the Supervisor to enter into an agreement with National Gird for the LED Street Lighting upgrade at a cost not to exceed $13,500.78. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town of Pomfret will have representation at the Public Hearing being conducted by the Village of Fredonia for the change in their water/sewer rates.
  • Eric Weis, Clark Patterson Lee, has given the board two options for the Phase II of the North End Water District. The board feels it is more cost effective for Pomfret residents to seek funding for installation of 64,000 LF of 8” water main serving approximately 134 residents, and then apply the following year for installation of 75,500 LF of 8” water main serving approximately 158 service connections. The board will inform Clark Patterson Lee with their decision for a final map, plan, and report to keep the project moving forward.
  • Supervisor Pacos was informed by Lily Dale residents of a contractor who scammed them out of money while putting in water lines for the Lily Dale Water District. The residents went to court and the court ruled in their favor for reimbursement by the contractor.

COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota attended the Cannabis meeting with the Village of Fredonia. He stated it was very informational and will be attending the October meeting at a date to be determined.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Fredonia Chamber meeting. The Chamber will be holding a ‘Village Beautification’ contest for both residents and businesses. Voters can choose their favorite on their Facebook Page. The Chamber is also updating the Visitor Center in Barker Commons. The ‘Hops and Pops’ event will be held September 15, 2022 from 5-7:00P.M. at the Clarion Hotel, Dunkirk. All are welcome to attend.
  • The Darwin R. Barker Library will be holding their picnic August 23, 2022 at the Russel Joy Lower Pavilion.
  • The Fredonia Opera House has made repairs and upgrades to the front entrance and the concession area. They are holding a BBQ and Bake Sale fundraiser on September 17, 2022.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to amend the Cemetery Rules and Regulations to include any plantings which extend beyond one foot from the marker or in the maintenance walkway, will be marked with a flag stating the plantings are in violation of the cemetery rules. After one month, any unmodified grave displays will be considered abandoned and removed. The Town of Pomfret will not retain any items not in compliance with the cemetery rules and regulations. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Festivals Fredonia will be holding their annual Farm Festival the weekend of August 26-28, 2022 in Barker Commons. This year’s festival will include a 5k run.
  • The Festivals Fredonia will hold their annual Red, White, & Blues festival September 9-10th, 2022, also in Barker Commons.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board the Assessor’s office has one Article 7 for tax assessment grievance.
DULY MOVED by Councilwoman Eckman to adjourn the Pomfret Town Board Regular meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:58P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

July 13, 2022-Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, July 13, 2022 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
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
The Pomfret Town Board has received the referral from the Chautauqua County Department of Planning and Development, stating this is a matter of local concern.

The purpose of the Public Hearing is to hear comments from the public regarding the Special Use Permit submitted by R. Chadwick Land Holdings LLC/Saturn Power for a proposed solar photovoltaic generation facility with a name place capacity of 5 MW/6.5 MWde solar generation array to be located on property owned by R. Chadwick Land Holdings LLC at 5208 Awest Main Rd., SBL 128.00-2-59. The proposed project has approximately 9,900 solar PV Modules and 20 Inverters connected to two separate transformers.

Adam Rowles and Meredith Moore, Saturn Power were present to describe the proposed project to the Town Board.

The plans submitted have changed slightly because of the newly adopted setbacks by the Town Board, a setback waiver agreement was needed and has been approved by the homeowner whose property the setback encroaches.

Audience Comments:
-None

Town Board Comments:
  • Supervisor Pacos asked Mr. Rowles what has changed with the plans. Mr. Rowles stated the photo simulation shows the tree coverings closer to the road. They brought the screening closer to the road to provide more coverage.

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilman Schaeffer, to close the public hearing at 6:23 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

July 13, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 13, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                    Supervisor Daniel Pacos
                    Town Clerk Allison Vento
                   Town Attorney Jeffrey Passafaro
PRESENT:                             
                                                                                               
COUNCILPERSONS:      John Sedota
                                        Ann Eckman
                                        Brett Christy
                                       Christopher Schaeffer

ABSENT:          Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the June 08, 2022 Public Hearing Minutes- Proposed Local Law- Solar Amendments. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the June 08, 2022 Public Hearing-Zoning Definition. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the June 08, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2022. The motion was seconded by Councilman Sedota and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $36,152.78
General Fund Part Town        $21,436.56
Highway Fund Part Town       $163,443.19
Berry Water District               $58.45
Chestnut Water District          $35.50
North End Water District        $233.49
Van Buren Water District       $358.75
Lily Dale Sewer District         $767.04
Capital Projects                       $38,018.82
Lily Dale Water District         $985.57
Pomfret Fire Protection          $62,795.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #27 of 2022 in the amount of $ 235,714.90 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE



TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the June 2022 report of monies received. A total of $ 9,264.00 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for June 2022 is as follows:
Justice Dietzen Total Cases: 121
                        Total Fine & Surcharges: $ 8,347.00
                        Cases dismissed:    31

                        Justice Cerrie Total Cases: 73
                        Total Fine & Surcharges: $ 5,743.00
                        Cases dismissed:         21
  • Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.
  • The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The June work report was distributed.

AUDIENCE CONCERNS
  • Mary Webster, Van Buren Point resident, again stated her concerns with traffic at the Rt. 5/Van Buren Rd. intersection with the proposed zoning changes. The board reminded Ms. Webster that this is a matter for the NYS DOT as it is a state road in that area.
  • Linda Warner, Pomfret resident has submitted a letter for the record in which she sent to the NYS DOT. She has asked the board for their continued support in a traffic study to reduce the speed at the Rt.5/Van Buren Rd. intersection. The board confirmed their continued support.
  • Raymond Lewandowski, Pomfret resident, addressed the board concerning stolen potted flowers at the Webster Road Cemetery. He stated this has happened multiple times. He also addressed the excessive dog walking in the Forest Hill Cemetery after hours. The board assured him it is not allowed and there are signs placed stating ‘No Dogs Allowed’ in cemetery. In regards to the zoning changes, Mr. Lewandowski stated he is not opposed to these changes.
  • Anna Santiago, asked the board what is allowed on a proposed property she is looking to purchase in Van Buren with the proposed zoning changes. She as advised to speak with Mr. Warren Kelly, Code Enforcement Officer, when there is more specific plans in place.
  • A resident asked the board for clarification in regards to a ‘marina’ existing in Van Buren. Supervisor Pacos stated there is no ‘marina,’ but a ‘boat launch’ within that area.
SUPERVISOR PACOS
Councilman Sedota made a motion to declare a negative declaration for the proposed local law before the town board-Local Law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District. The motion was seconded by Councilwoman Eckman and carried unanimously.

Supervisor Pacos made a motion to approve the proposed Local Law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District. The motion was seconded by Councilman Christy and carried unanimously.

Section 1 – Intent:   The Town Board of the Town of Pomfret, upon review of the code provisions for Neighborhood Business (B-1) District by the Planning Board of the Town of Pomfret has determined that certain amendments to uses and requirements would be beneficial to enact.

Section 2 – Authority: The Town Board in enacting this Local Law does hereby exercise
the authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, Municipal Home Rule Laws of the State of New York to preserve and protect the health, safety, welfare, and well-being of residents and properties in the Town of Pomfret.

Section 3 – New Section 300-15:
A.  Purpose: 
The purpose of the B1 District is to promote retail and service uses which are vehicle oriented for the use of residents and visitors.  At the same time, a major goal is to protect and enhance the community by encouraging aesthetically appealing business with safe ingress and egress and limiting strip development.  NOTE:  Uses marked with an asterisk (*) are allowed by two or more types of permits (by right, special use or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit applies.

B - Uses by Right (permit required):
Single family dwelling – detached (conventional, prefab, modular)
Duplex – attached
Agricultural building
Utilities (quasi-public) (e.g., telephone)
Municipal Office
Limited day care – Four or less persons
Public Park
Fishing tackle shop
Garage – accessory
Parking – commercial lot – in accordance with 300-48
Storage structure – in accordance with 300-69
Porch/deck

 C - Use by special use permit (hearing required)
Boarding homes/bed-and-breakfast – in accordance with 300-74
Homes for the aged
Customary accessory use
Nursing home/rest home
Multiple dwelling – attached – in accordance with 300-44
Household sale – in accordance with 300-43
Antique Shop 
Bakery Shop 
Drugstore
Florist shop 
Corner Grocery store 
Gift shop 
Monument sales
Newsstand
Service Station – gas sales – in accordance with 300-81
*Signs – in accordance with 300-50
Feed and Seed shop  
Hardware/glass/paint store
Professional office – in accordance with 300-75
Photography studio
Funeral Home
Realty Office Dry-Cleaning shop
Barber/beauty shop
Restaurant – in accordance with 300-77
Bar
Locksmith shop
Custom workshop
Appliance repair shop
*Home Occupation – in accordance with 300-42
School – public/private
Day-care center – over five persons – in accordance with 300-67
Library/museum/gallery – public
Church /rectory
Fraternal meeting facility
Tennis Court – private (accessory to dwelling)
Tennis court – public/commercial
Swimming pool – public/commercial
*Fences and walls – in accordance with 300-51
EV service equipment (charging stations)
Drive- In Theater
Mixed residential/commercial – in accordance with 33-39
Nursery/greenhouse - commercial
Roadside stand general in accordance with 300-44
Pet store
Plumbing/heating shop
Gasoline/volatile fuel tank - back yard only

DUses requiring no permit (requires compliance with
chapter)
Agricultural land use
Horticulture – private
Roadside Stand – limited – in accordance with 300-44
*Household sale – in accordance with 300-43
*Home Occupation – in accordance with 300-42
Wildlife habitat
Ponds – in accordance with 300-46
Outdoor storage of recreational vehicle – in accordance with 300-68
Parking – private – in accordance with 300-48
*Fences/walls – in accordance with 300-51
Heavy vehicle parking – in accordance with 300-57

 E.  Area Standards.  See the following sections:  300-24,
Existing substandard sized lots, and 300-28, Established front yards, and municipal water and sewer.


Neighborhood Business (B1) District ______________________________________________________________________________
Primary Use                Accessory Use
Single-family units_____________________________________________________________                           
Minimum Lot size (sq ft)                                     
15,000                                     --                                                  
Minimum front lot width (in feet)                                            100                                      --                                                   
Maximum lot coverage (% of lot area)                                30%                                    --                                                  
Minimum front yard (ft from street edge)                                   40                                      40                                                
Minimum side yard (feet from property line)                      10                                      10                                               
Minimum rear yard (feet from property line)      
               25                                      25                                               
Maximum structure height (number of stories)  
               2 ½                                     2 ½                                               Minimum floor space (sq ft of living space)                      760                                      --                                                 


Multiple-family units (standard)____________________________________________________               Minimum lot size (base+sq ft per unit)                        
       15,000 + 10,000                      --                                               
Minimum front lot width (base + ft per unit)                   
 100 + 10                                  --                                              
Maximum lot coverage (% of lot area)                          
        30%                                --                                                
Minimum front yard (feet from street edge)                         
         40                                   40                                           
Minimum side yard (base + feet per unit)                         
    10 + 1                          10 + 1                                     
Minimum rear yard (feet from property line)                         25                                   25                                             Maximum structure height (number of stories)                   
  2 ½                               21/2
Minimum floor space (sq ft of living space)                        760                                 760                                          


Multiple-family units (elderly)_____________________________________________________                         
Minimum lot size (base + sq ft per unit)                            
15,000 + 10,000                        --                                           
Minimum front lot width (base + feet per
unit)                     100 + 10                            --                                            Maximum lot coverage (% of lot area)  30%      --                                           
Minimum front yard (feet from street edge)                                    40                                    40                                          
Minimum side yard (base + feet per unit)                            
10 + 1                         10 + 1                                  
Minimum rear yard (feet from property line)                          25                                   25                                       
Maximum structure height (number of stories)  2 ½           2 ½                                   
Minimum floor space (sq ft of living space)                            600                                  --


Other uses (nonresidential)______________________________________________________Minimum lot size (in square feet) 15,000                                     --                                                                                  
Minimum front lot width (in feet)                                                100                                     --
Maximum lot coverage (% of lot area)  30%       
Minimum front yard (feet from street edge)                                   40                                       40                                        
Minimum side yard (feet from property line) 
10                                       10                                         
Minimum rear yard (feet from property line)                       25                                       25                                      Maximum structure height (number of stories) 
2 ½                                   2 ½                         
Minimum floor space (square feet)   --                       --                                                                                                                


Notwithstanding anything to the contrary, no commercial or retail structure shall exceed 1500 square feet in size.
                                                                                              
Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:     This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilwoman Eckman made a motion to authorize the Supervisor to declare a negative declaration in regards to SEQR for the proposed local law- amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled: ‘Zoning Law of the Town of Pomfret’, and amending Local Law No. 2 of 2014 adopting the Code of the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the proposed local law, amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled: ‘Zoning Law of the Town of Pomfret’ and amending Local Law No. 2 of 2014 adopting the Code of the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
Section 1 – Intent: The Town Board of the Town of Pomfret does desire to create and define a (B-1) Neighborhood Business District in accordance with Section 300-15.  This new zoning district determination is made by the Town Board upon review and recommendation of the Planning Board of the Town of Pomfret.
 
Section 2 – Authority:The Town Board in enacting this Local Law is exercising Authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, and Municipal Home Rule Laws of the State of New York to enact provisions providing for the health, safety, welfare, and use of property and protection of property as provided therein.  Further, it is the intention of the Town Board to exercise the authority granted to it under Article 3 of the Pomfret Code, Section 300-7 and 300-8 to amend the definition of Zoning Districts and Zoning Map in the Town of Pomfret for this newly formed and defined Neighborhood Business (B-1) District.


Section 3 – Boundaries of Neighborhood Business (B-1) District:
That part of the Town of Pomfret to the North of New York State Route 5, commencing at the intersection of New York State Route 5 and Van Buren Bay Drive, running thence West along New York State Route 5 to the Town of Pomfret-Town of Portland boundary line to a depth of 100 feet from the northerly bounds of New York State Route 5 right-of-way. 

On the south side of New York State Route 5, commencing at the boundary line of the Town of Dunkirk-Town of Pomfret, running thence west New York State Route 5 to the Town of Pomfret-Town of Portland boundary line, to a depth of 100 feet from the southerly bounds of New York State Route 5 right-of-way.

The premises found within this newly created district were formerly zoned R-3 Lakeside Residential; the District is now and shall henceforth be regulated as provided in B-1 Neighborhood Business District.

Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail.
Section 7– Effective Date:    This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilman Sedota made a motion to authorize the use of Fredonia Highschool Students for unpaid internships with no authorization to use motorized equipment or vehicles for work deemed necessary for Pomfret Department Heads. The motion was seconded by Councilwoman Eckman and carried unanimously.
 
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the Town of Pomfret has received an application from Pomfret II PV, LLC for a Special Use Permit for the construction and operation of a large solar farm located at 10026 Farel Road, Fredonia, SBL: 112.00-3-63, on property owned by A. Sam Farms, Inc. (the ‘Project’); and
WHEREAS, the Project application was referred to the Chautauqua County Planning Department and the subject of a duly noticed Public Hearing, and thereafter approved by the Town Board with conditions; and
WHEREAS, the County of Chautauqua Industrial Development Agency, acting as lead agency under the State Environment Quality Review Ct, has issued a Negative Declaration for the Project;
NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Pomfret as follows:
The approval of the Special Use Permit for the project granted on April 13, 2022, is hereby ratified. Said approval is based on the plan submitted and conditioned on the requirement that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. That the Town Board approved the special use permit prior to the adoption of recent changes to the Town’s Solar Energy Equipment and Systems Law Regulations, and therefore Town Board hereby declares that the Project is subject to the requirements of Local Law No. 2 of the year 2016. This resolution is effective immediately.
  • Councilman Christy made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret has received an application from Pomfret PV, LLC for a Special Use Permit for the construction and operation of a large solar farm located at 4545 Van Buren Road, Fredonia; and
WHEREAS, the Project application was referred to the Chautauqua County Planning Department and the subject of a duly noticed Public Hearing and thereafter approved by the Town Board with conditions; and
WHEREAS, the County of Chautauqua Industrial Development Agency, acting as lead agency under the State Environmental Quality Review Act, has issued a Negative Declaration for the Project; and
NOW THEREFORE BE IT RESOLVED by the Town Board of the Town of Pomfret as follows:
The approval of the Special Use Permit for the Project granted on October 13, 2021 is hereby ratified. Said approval is based on the revised plan submitted on record of the public hearing and conditioned on the requirement that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. That the Town Board approved the Special Use Permit prior to the adoption of recent changes to the Town’s Solar Energy Equipment and Systems Law Regulations and therefore Town Board here by declares that the Project is subject to the requirements of Local Law No. 2 of the year 2016. This Resolution is effective immediately.
  • A motion made by Councilman Schaeffer to approve the water request for a residential hook up through the North End Water District for property located at 10242 McAllister Road, Fredonia, owned by Steven Glasier, SBL: 114.09-1-20 with approval already authorized from the Village of Fredonia Board. The motion was seconded by Councilman Sedota and carried unanimously.
  • A motion made by Councilman Sedota authorize the Supervisor to sign the Host Community Agreement with the Town of Pomfret and Rak 2 Solar, LLC in connection with the PILOT agreement. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to amend the 2022 Organizational Meeting Minutes to reflect the new IRS increase in the mileage rate, effective, July 1, 2022 to $.625 per mile. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion, having held a public hearing, reviewed the EAF and the Code Enforcement Officers recommendation to move forward, the Supervisor is authorized to execute a negative declaration under SEQR in regards to the proposed solar project located at 5208 West Main Rd., Fredonia. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to approve the final plan for the proposed solar project located at 5208 West Main Rd., Fredonia which shows non- compliance with the setback requirements under the Town of Pomfret local law and with good cause shown at the Public Hearing and recognizing there has been an adjacent property owner waiver and consent, the board authorizes a waiver of the strict application setback as shown on the final plan of the project. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the Special Use Permit submitted by R. Chadwick Land Holdings LLC, in compliance with the revised plans submitted June 14, 2022, and recognizing the County Department of Planning and Development considerations of response for the solar project located at 5208 West Main Rd., Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Eric Weiss, Clark Patterson Lee, presented to the board funding options for future water projects within the Town of Pomfret and their opinion on the repair of the Pioneer Cemetery Wall. After discussion, the board has agreed to move forward with Phase II of the North End Water District and recognition the cemetery wall should be rebuilt rather than pointed/repaired.
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Sedota and carried.
WHEREAS, the Town Board has proposed improvements for the Town of Pomfret North End Water District, including the installation of approximately 140,000 linear feet of 4-inch and 8-inch water mains (including two booster pump stations and two water storage tanks) along portions of Wilber Road, Van Buren Road, Farel Road, Berry Road, North Road, Lowell Road, Lamberton Road, Adams Road, Webster Road, Ellicott Road, Harmon Hill Road, Walden Road, Christy Road, Straight Road, Route 60, Route 83, Brainard Road, Fredonia Stockton Road, Spoden Road, and Shumla Road to serve approximately 300 properties; and
WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board of the Town of Pomfret intends to serve as Lead Agency for SEQRA review of this Type 1 action and will determine if the proposed action will have significant effect on the environment; and
WHEREAS, the Lead Agency will undertake a coordinated review of this proposed action;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby designates its intention to serve as Lead Agency for the proposed action and will circulate Lead Agency Notice along with Part 1 of the Long Form Environmental Assessment Form and any other supporting documentation to all Involved Agencies. These agencies shall be given 30 days from the mailing of the Lead Agency Notice to consent. Interested Agencies will be given notice, but not required to consent pursuant to 6 NYCRR part 617.6.
 
  • Councilwoman Eckman made a motion to approve the Standard Work Day and Reporting Resolution for Elected and Appointed Officials as follows. The motion was seconded by Councilman Christy and carried unanimously.
Elected
Name                          Title                Current Term            Record of Activities Result
Daniel Pacos      Supervisor       1/1/22-12/31/25                       8.37
Allison Vento      Town Clerk     1/1/22-12/31/25                       26.17
Jude Gardner      Highway Sup. 1/1/22-12/31/25                       21.96
Nancy Dietzen     Justice             1/1/20-12/31/23                       5.25
Christopher Schaeffer Councilman  1/1/21-12/31/24                       .76
John Sedota    Councilman     1/1/20-12/31/23        .17
Michael Cerrie  Justice        1/1/21-13/31/24   No report submitted

Appointed
Name                          Title                Current Term            Record of Activities Result
Jeanne Ebersole          Assessor          7/1/21-9/30/25             22.86
 
  • The Board discussed the proposed legislation regarding cannabis dispensaries. The board has expressed their wishes to the Town Attorney, who will put into final form and present at the August meeting.
  • The Town will be receiving their second payment of ARPA money this summer in the amount of $181,691.75.
  • There will be a presentation on the joint comprehensive plan at the August Meeting by Ingalls Planning and Design.
  • The Chautauqua County IDA will be holding a meeting July 26, 2022 at 10:00A.M. at the SUNY Incubator, 214 Central Ave., Dunkirk for the application of SL Fredonia, LLC deviation from uniform tax exemption policy and guidelines.
  • The Chautauqua County IDA will be holding a Public Hearing, July 19, 2022 at 11:00A.M. at Pomfret Town Hall for the purpose of the public to provide their views on the PILOT program for SL Fredonia, LLC.
  • The Town of Pomfret hosted a community meeting for the Chautauqua County Hazard Mitigation Plan. Supervisor Pacos expressed this meeting went very well.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Schaeffer made a motion to approve the Professional Service Agreement with L2 Engineering for the Lily Dale Wastewater Treatment Plant System-Second Pump Station at a cost not to exceed $2,800.00 with additional tasks, with pre-approval, will be charged a rate of $135.00 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the solicitation of bids for the replacement of the secondary pumps at the Lily Dale Waste Water Treatment plant, including piping, appurtenances, control panel and control valve. All bids are to be received by the Town of Pomfret Town Clerk by August 5, 2022 at the end of the business day. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCILMAN SEDOTA
  • Councilman Sedota attended the Lily Dale Ice Cream Social to kick off their season.
  • Mr. Sedota will be attending the cannabis meeting with the Village of Fredonia on August 9, 2022.
COUNCILMAN SCHAEFFER
  • Councilman Schaeffer commended Highway Superintendent Gardner and his team for their great work on oil and stoning local roads.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to approve the following hires for the Pomfret-Fredonia Summer Recreation Program. The motion was seconded by Councilman Christy and carried unanimously.
Matthew Linder  Ventura Circle  Playground Attendant            Min. Wage
Caleb Crampton Birchwood Dr. Per Diem, Playground Att.     Min. Wage
 
  • Councilwomen Eckman has updated the board with the Round-a-bout. Colleen Yerico, Yerico Farms, will help with the clean up of the circle and current vegetation. This will commence once Mrs. Eckman has the appropriate permits from the State to enter and do work in the center of the Round-a-bout.
  • The Fredonia Chamber of Commerce would like to have representation from the Town of Pomfret. Mrs. Eckman asked the representation of attending meetings be split between Councilman Schaeffer and Councilman Sedota in the future.
DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting, and enter into Executive Session for the purpose of possible litigation, legal matters, and personnel history within a department with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:06 P.M.

DULY MOVED by Councilwoman Eckman to exit Executive Session and enter into Regular Session of the Pomfret Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:48P.M.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer and carried unanimously at 8:49 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

June 8, 2022-Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:42 P.M. June 8, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                      Supervisor Daniel Pacos
                      Deputy Town Clerk Ann Renckens
                       Town Attorney Jeffrey Passafaro
PRESENT:                             
                                                                                               
COUNCILPERSONS:           John Sedota
                                             Ann Eckman
                                             Brett Christy
                                            Christopher Schaeffer

ABSENT:              Town Clerk Allison Vento
                             Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the May 11, 2022 Regular Town Board Meeting. The motion was seconded by Council Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #6 of 2022. The motion was seconded by Councilman Christy and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $11,304.97
General Fund Part Town        $398.15
Highway Fund Part Town       $65,503.27
Berry Water District               $5,711.65
Chestnut Water District          $1,782.57
North End Water District        $22,591.31
VB Water District                   $330.48
Lakeview Sewer                     $78.97
Lily Dale Sewer District         $552.22
Rt. 20 Water District               $31.19
Rt. 20 Sewer District              $40.12
Rt. 60 Water District               $2,013.74
Rt. 60 Sewer District              $2,590.16
Sewer 1                                   $1,298.68
Sewer 2                                   $1,007.70
Capital Projects                       $487,067.84


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #26 of 2022 in the amount of $133,601.76 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Councilman Sedota to approve the following Budget Transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.
General Fund Townwide
$1,388             FROM             A8810.4          Cemetery Contractual
                        TO                   A8810.2          Cemetery Equipment
            For purchase of zero-turn mower



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

General Fund Outside Village
$2,540             FROM             B3620.11        Safety Inspection Deputy
                        TO                   B3620.1          Safety Inspection Personal Services
For increase in work hours of inspection officer-10 additional hours per week for 12 weeks

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

Highway Fund Outside Village
Budget Modification

Modify 2022 adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $285,087 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $285,087

For 2022 funding allocations of CHIPS, Pave NY, Extreme Winter Recover, & POP Programs

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the May 2022 report of monies received. A total of $12,942.60 was collected. The report is on file in the Clerk’s Office.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
 
  • Pomfret Town Justice report for May 2022 is as follows:
Justice Dietzen Total Cases: 101
                        Total Fine & Surcharges: $7,879.00
                        Cases dismissed:    14

                        Justice Cerrie Total Cases: 96
                        Total Fine & Surcharges: $8,635.00
                        Cases dismissed: 17
  • The Pomfret Tax Collector has received the Certificate of Satisfaction from Chautauqua County. A total of $8,264,944.70 was collected.
  • Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.
  • Town Clerk Vento and Deputy Town Clerk Renckens each received a $100.00 scholarship for attending the NYS Town Clerks Association Annual Conference. This Scholarship was awarded by the Chautauqua County Municipal Clerks Association.
  • The 2021 Annual Water Quality Report has been received and is on file with the clerk’s office as well as posted on the town’s website.
  • The Pomfret offices will be closed Monday, June 20, 2022 in observance of the Juneteenth Holiday and Monday, July 4, 2022 in observance of the Fourth of July Holiday.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The May work report was distributed.
  • A motion made by Supervisor Pacos to give Highway Superintendent Gardner Permission to sell Water Truck #19, Ford F-150, vin#1FTFX1EF6BFB46797 on Auctions International. The motion was seconded by Councilman Chisty and carried unanimously.
AUDIENCE CONCERNS

            None

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the following NYS DOT resolution. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the NYS Department of Transportation proposes the construction, reconstruction, or improvement of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 in the Town of Pomfret located in Chautauqua County, Pin 5814.50, D264835, and
WHEREAS, the State will include as part of the construction, reconstruction, or improvement of the above-mentioned project the of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 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 of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 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 Supervisor, Daniel Pacos, has the authority to sign, with the concurrence of the Town of 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 NYS Department of Transportation.
  • A motion made by Councilman Christy, seconded by Councilman Sedota to approve the following resolution. The motion carried unanimously.
WHEREAS the Town of Pomfret has previously approved an Order for an increase and improvement of facilities in the Van Buren Water District in the Town of Pomfret, which Project includes the replacement of water meters and meter pits; and
WHEREAS 6NYCRR Section 617.5 under the State Environmental Quality Review Act provides that certain actions identified in Subdivision (c) of that Section are not subject to environmental review;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret hereby determines that the proposed Water Meter Replacement Project and replacement of water meter pits is a Type II Action under SEQR involving maintenance, repair of existing structures or facilities without substantial changes; and replacement rehabilitation and reconstruction of meters and meter pits, in kind, on the same sites; and therefore this part of the 202-b Improvement Proceeding in the Van Buren Water District is not subject to review under SEQRA.
 
  • A motion made by Councilwoman Eckman to approve the increase in work hours of the Code Enforcement Officer to 10 additional hours per week for 12 weeks for the year 2022. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Supervisor Pacos to formally recognize and approve an $8,000.00 donation from the Fredonia Beaver Club which was used towards the purchase of a sculpture that will be placed in the Route 20 and Route 60 roundabout. The motion was seconded by Councilwoman Eckman and was carried unanimously.
  • A motion made by Supervisor Pacos to establish a Public Hearing regarding The Schofield, Solar Application, 5208 W. Main Rd., to be held at Town of Pomfret, Town Hall 9 Day Street Fredonia, NY 14063 on July 13, 2022 at 6:15P.M.. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Christy to offer Gregory Danielson of 9582 N. Swede Road, a currently vacant Zoning Officer position. The position will be offered at fees set at the organizational meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion by Councilman Christy to offer James McKillip of 117 Forest Place, Fredonia, NY the position of Assistant Code Enforcement Officer for fees set at the Organizational Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion by Councilwoman Eckman to pass a negative declaration on the Rak II, Route 60 solar project, seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos attended and spoke at a rally in Dunkirk to retain a hospital in our community.
  • Correspondence was received by Supervisor Pacos inviting Town Official’s to attend an Ice Cream Social celebrating Lily Dale’s National Historic Registry designation. The event is to be held at the Leolyn Hotel, in Lily Dale on June 23,2022 at 7:00 P.M.
  • Supervisor Pacos on behalf of the Town Council, congratulated Town Clerk Allison Vento on being appointed as Secretary to New York State Towns Clerks Association.
  • Supervisor Pacos gave the board an update on current projects in Lily Dale as well as other upcoming and future projects including: Pioneer Cemetery wall, Highway Salt Barn and Phase II Water District.
  • Supervisor Pacos notified that the Town had received a check from The Village of Fredonia as a portion of the joint compensation plan also received and passed out was a Zoning and Planning Department report.
  • A motion made by Supervisor Pacos to reserve 75 percent of Forest Hill Cemetery Columbarium sales to be used toward future columbarium purchases. The motion was seconded by Councilwoman Eckman and carried unanimously.
            WHEREAS, the Town Board recently authorized the installation of a Columbarium for the Forest Hill Cemetery, and
            WHEREAS, the Town Board wishes to earmark into a separate account part of the proceeds of the sales from that Columbarium for the potential purchase of a second unit for the cemetery.
            RESOLVED that the Supervisor and Bookkeeper are authorized to set up a separate reserve account in Forest Hill Cemetery to receive Seventy-Five (75%) Percent of current Columbarium sales to be held for the potential purchase of a second unit.  It is not the intention of the Town Board to establish a capital reserve fund under Section 6-c of the GML.  Rather, the intent is to set aside monies arising out of current sales for the potential purchase of another Columbarium in the cemetery.  The cemetery budget and accounting should so reflect the establishment of this financial accounting entry.
Resolution Adopted, All voting Aye
  •  Supervisor Pacos reported that The Bear Lake Association would be moving its payment to the Town from September 1, to December 1s annually.
COUNCIL REPORTS
COUNCILMAN CHRISTY
 
  • Councilman Christy updated the Board on the sewer engineering at Lily Dale. He would like to have that project finished by fall and asked the Boards permission to seek out a different engineer if the current engineer could not accomplish the job. Permission was granted unanimously.
 
  • Councilman Christy asked for permission to seek pricing to correct deteriorating Lily Dale Sewer equipment systems. Permission was granted unanimously
COUNCILMAN SEDOTA

Councilman Sedota to attend cannabis law conversations headed up by The Village of Fredonia.

COUNCILMAN SCHAEFFER

None

COUNCILWOMAN ECKMAN
 
  • Councilwoman Eckman updated the board on the current roundabout efforts explaining the state permits required to complete the project. Councilwoman Eckman thanked Councilman Christy for his assistance on this project.
 
  • Councilwoman Eckman amended her previous motion to state the 10 additional hours per week for the Code Enforcement Officer is authorized through the end of the 2022 Budget year.
Town Attorney Jeffrey Passafaro

Article 7, Tax cases have been settled that were approved by the Assessor, no refunds to be paid.

DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of discussing the employment history of a particular person and discussions relating to proposed, pending or current litigation, with no action to be taken during the executive session. The motion was seconded by Councilman Sedota and carried unanimously. Time 7:29 P.M.

DULY MOVED by Councilman Sedota to exit the executive session and return to the regular town board meeting. The motion was seconded by Councilwoman Eckman and carried unanimously. Time: 8:04P.M.

With no further action before the board, Councilman Schaeffer made a motion to adjourn the Regular Town Board Meeting at 8:04P.M., seconded by Councilman Christy and carried unanimously.


Respectfully Submitted,
           
Ann Renckens
Deputy Town Clerk
 

June 8, 2022-Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 8, 2022 at 6:09P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer


Deputy Town Clerk Renckens provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a local law amending Local Law No. 2 of the Year 1995 of the Town of Pomfret entitled “Zoning Law of the Town of Pomfret”, and amending Local Law No.2 of the Year 2014 adopting the Code of the Town of Pomfret.

Section 1 – Intent:  The Town Board of the Town of Pomfret does desire to create and define a (B-1) Neighborhood Business District in accordance with Section 300-15.  This new zoning district determination is made by the Town Board upon review and recommendation of the Planning Board of the Town of Pomfret.
 
Section 2 – Authority:  The Town Board in enacting this Local Law is exercising
Authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, and Municipal Home Rule Laws of the State of New York to enact provisions providing for the health, safety, welfare, and use of property and protection of property as provided therein.  Further, it is the intention of the Town Board to exercise the authority granted to it under Article 3 of the Pomfret Code, Section 300-7 and 300-8 to amend the definition of Zoning Districts and Zoning Map in the Town of Pomfret for this newly formed and defined Neighborhood Business (B-1) District.

Section 3 – Boundaries of Neighborhood Business (B-1) District:
That part of the Town of Pomfret to the North of New York State Route 5, commencing at the intersection of New York State Route 5 and Van Buren Bay Drive, running thence West along New York State Route 5 to the Town of Pomfret-Town of Portland boundary line to a depth of 100 feet from the northerly bounds of New York State Route 5 right-of-way. 

On the south side of New York State Route 5, commencing at the boundary line of the Town of Dunkirk-Town of Pomfret, running thence west New York State Route 5 to the Town of Pomfret-Town of Portland boundary line, to a depth of 100 feet from the southerly bounds of New York State Route 5 right-of-way.

The premises found within this newly created district were formerly zoned R-3 Lakeside Residential; the District is now and shall henceforth be regulated as provided in B-1 Neighborhood Business District.

Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 5 – Conflict   In the event of conflict between existing provisions and this law, the provisions of this law shall prevail.
Section 7– Effective Date:   This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
 
  • Linda Warner, Town of Pomfret Resident, submitted a petition to be filed. The petition stated the community goals of protecting the current ambiance while encouraging business that will enhance the area. Future consideration of their concerns was requested of the board.
  • Linda Warner, Town of Pomfret Resident, questioned if access to businesses would be off of Route Five.
Supervisor Pacos and Attorney Passafaro discussed set backs right of ways and locations affected by proposed amendment.
 
  • Linda Warner, Town of Pomfret Resident, requested support from the board in petitioning for a traffic report to be done during the summer months.
Supervisor Pacos stated that he would reach out to one of his contacts.
 
  • Fredric Orner, Town of Pomfret Resident, cited that in the past commercial business were in operation in this zoned area and questioned what happened and why are we holding a public hearing regarding zoning?
Supervisor Pacos explained the businesses that had been operating in the past predated existing zoning laws. Business operations of the past had been grandfathered in.
 
  • Fredric Orner, Town of Pomfret Resident, asked if an increase of business along the proposed zone would change the speed limit and if residents could petition for speed changes.
Supervisor Pacos and Councilwoman Eckman stated that the Town of Pomfret does not have road jurisdiction for the area any changes to the speed limits would be made by the state in which residents could petition for.
 
  • Fred Orner, Town of Pomfret Resident, questioned where a project for a Recreational Vehicle Park stood in progress and if it fell within the proposed zone. Councilwoman Ann Eckman responded that she was not aware of where the project stood or that it had been passed by the Zoning Board of Appeals and that  project did fall within the proposed zone.
 
  • Marti Webster, Town of Pomfret Resident, questioned the setbacks and allowed lot sizes.
Councilwoman Eckman confirmed setbacks and allowable lot sizes stating that the restrictions placed have been made in the spirt of keeping the integrity of the area intact while creating a pathway for small business to be established.
 
  • Margaret Warner, Town of Pomfret Resident, questioned if a speed / safety study would be conducted regarding the traffic.
Supervisor Pacos advised that such a study would be conducted by the New York State Department of Transportation.
 
  • Ms. Stokes, Town of Pomfret Resident, voiced concerns regarding traffic and parking near the boat launch.
Supervisor Pacos advised that the proposed zoning does not extend down to the boat launch.
 
  • Pam Lincon-Senfield, Town of Pomfret Resident, commented on her concerns regarding the emergency access to her property as well as questioning the boundaries of the proposed rezoning.
Supervisor Pacos along with Councilwoman Eckman outlined the boundaries of the proposed zone.
 
  • Phil Kennedy, of Central Ave., asked if the Town Board would be supportive in the residential request to the state for traffic mitigation if further business were established.
Supervisor Pacos stated that the board would be supportive.
 
  • Amand Schwert, appreciated the changes that the board is trying implement as she has spent a lot of time and effort to open a store for the community.
Supervisor Pacos thanked her for her patience and expressed that the board is working diligently to keep the area community ambiance while paving a way for small business.
 
  • Julie Valone, Town of Pomfret Resident, voiced concerns regarding ordinance issues that may arise. Supervisor Pacos advised that her concerns would be covered under special use permits noise ordinances are in place through the county.
  • Julie Valone, Town of Pomfret Resident, questioned if a Recreational Vehicle Park was an allowable use under the proposed law. Councilwoman Eckman stated that under the new law it would not be an allowable use.
Town Board Comments:

None

With no further public comments, a motion made by Councilman Schaeffer seconded by Councilman Sedota, to close the Public Hearing at 6:40 P.M. The motion was carried unanimously.

Respectfully Submitted,
Ann Renckens
Pomfret Deputy Town Clerk
 

June 8, 2022-Public Hearing Minutes


PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 08, 2022 at 6:00P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Deputy Town Clerk Ann Renckens
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer

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

Deputy Town Clerk Renckens provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding A local law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District.


Section 1 – Intent:   The Town Board of the Town of Pomfret, upon review of the code provisions for Neighborhood Business (B-1) District by the
Planning Board of the Town of Pomfret has determined that certain amendments to uses and requirements would be beneficial to enact.

Section 2 – Authority:   The Town Board in enacting this Local Law does hereby the authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, Municipal Home Rule Laws of the State of New York to preserve and protect the health, safety, welfare, and well-being of residents and properties in the Town of Pomfret.

Section 3 – New Section 300-15:
A.  Purpose: 
The purpose of the B1 District is to promote retail and service uses which are vehicle oriented for the use of residents and visitors.  At the same time, a major goal is to protect and enhance the community by encouraging aesthetically appealing business with safe ingress and egress and limiting strip development.  NOTE:  Uses marked with an asterisk (*) are allowed by two or more types of permits (by right, special use or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit applies.

B - Uses by Right (permit required):
Single family dwelling – detached (conventional, prefab, modular)
Duplex – attached
Agricultural building
Utilities (quasi-public) (e.g., telephone)
Municipal Office
Limited day care – Four or less persons
Public Park
Fishing tackle shop
Garage – accessory
Parking – commercial lot – in accordance with 300-48
Storage structure – in accordance with 300-69
Porch/deck

 
C - Use by special use permit (hearing required)
Boarding homes/bed-and-breakfast – in accordance with 300-74
Homes for the aged
Customary accessory use
Nursing home/rest home
Multiple dwelling – attached – in accordance with 300-44
Household sale – in accordance with 300-43
Antique Shop 
Bakery Shop 
Drugstore
Florist shop 
Corner Grocery store 
Gift shop 
Monument sales
Newsstand
Service Station – gas sales – in accordance with 300-81
*Signs – in accordance with 300-50
Feed and Seed shop 
Hardware/glass/paint store
Professional office – in accordance with 300-75
Photography studio
Funeral Home
Realty Office Dry-Cleaning shop
Barber/beauty shop
Restaurant – in accordance with 300-77
Bar
Locksmith shop
Custom workshop
Appliance repair shop
*Home Occupation – in accordance with 300-42
School – public/private
Day-care center – over five persons – in accordance with 300-67
Library/museum/gallery – public
Church /rectory
Fraternal meeting facility
Tennis Court – private (accessory to dwelling)
Tennis court – public/commercial
Swimming pool – public/commercial
*Fences and walls – in accordance with 300-51
EV service equipment (charging stations)
Drive- In Theater
Mixed residential/commercial – in accordance with 33-39
Nursery/greenhouse - commercial
Roadside stand general in accordance with 300-44
Pet store
Plumbing/heating shop
Gasoline/volatile fuel tank - back yard only

DUses requiring no permit (requires compliance with
                                                chapter)
Agricultural land use
Horticulture – private
Roadside Stand – limited – in accordance with 300-44
*Household sale – in accordance with 300-43
*Home Occupation – in accordance with 300-42
Wildlife habitat
Ponds – in accordance with 300-46
Outdoor storage of recreational vehicle – in accordance with 300-68
Parking – private – in accordance with 300-48
*Fences/walls – in accordance with 300-51
Heavy vehicle parking – in accordance with 300-57

E.  Area Standards.  See the following sections:  300-24,
Existing substandard sized lots, and 300-28, Established front yards, and municipal water and sewer.


  Neighborhood Business (B1) District ______________________________________________________________________________
                                                                                    Primary Use Accessory Use
Single-family units_____________________________________________________________                            Minimum Lot size (sq ft)                                                15,000                                     --                                                   Minimum front lot width (in feet)                                      100                                      --                                                    Maximum lot coverage (% of lot area)                                30%                                    --                                                  
Minimum front yard (ft from street edge)                             40                                    40                                                 Minimum side yard (feet from property line)                      10                                      10                                           
Minimum rear yard (feet from property line)                      25                                      25                                              
Maximum structure height (number of stories)                   2 ½                                     2 ½                                             
Minimum floor space (sq ft of living space)                      760                                      --                                                


Multiple-family units (standard)____________________________________________________                          
Minimum lot size (base+sq ft per unit)                         15,000 + 10,000                       --                                               
Minimum front lot width (base + ft per unit)  10 10                                  --                                              
Maximum lot coverage (% of lot area)                                  30%                                --                                               
Minimum front yard (feet from street edge)   40        40                                            
Minimum side yard (base + feet per unit)   10 + 1 10 +1                                     
Minimum rear yard (feet from property line)                         25                                   25         
Maximum structure height (number of stories)
2 ½                                  2 ½     
Minimum floor space (sq ft of living space)     760       760                                           


Multiple-family units (elderly)_____________________________________________________                          Minimum lot size (base + sq ft per unit)                       15,000 + 10,000                        --                                            
Minimum front lot width (base + feet per unit)                     100 + 10                            --
Maximum lot coverage (% of lot area)                                   30%                                 --                                            
Minimum front yard (feet from street edge)                           40                                    40                                         
Minimum side yard (base + feet per unit)   10 + 1   10 + 1                                  
Minimum rear yard (feet from property line)                          25                                     25                                        
Maximum structure height (number of stories) 2½                                 2 ½                                     
Minimum floor space (sq ft of living space)  600           --

Other uses (nonresidential)_____________________________________________________Minimum lot size (in square feet)  15,000             --                                Minimum front lot width (in feet)  100                                   --              Maximum lot coverage (% of lot area) 30%                                --  Minimum front yard (feet from street edge) 40                                       
Minimum side yard (feet from property line) 10             10
Minimum rear yard (feet from property line) 25                                      
Maximum structure height (number of stories) 2 ½    2 ½     Minimum floor space (square feet)                                             --                                   --                                                                                                                  

Notwithstanding anything to the contrary, no commercial or retail structure shall exceed 1500 square feet in size.

Section 4 – Severability        The invalidity or unenforceability of any section,  subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the   valid judgment of any court of competent jurisdiction to be  unconstitutional, shall not affect the validity or  enforceability of any other section, subsection, paragraph,  sentence, clause, provision, or phrase, which shall remain  in full force and effect.
Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:    This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
 
  • Phil Kennedy, Van Buren Point resident, requested clarification of allowable usage.
Supervisor Pacos stated that allowable usages have been listed with a set size limit of any future business not to exceed 1500 square feet.

Town Board Comments:

None

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman to close the Public Hearing at 6:08P.M. The motion was carried unanimously.

Respectfully Submitted,


Ann Renckens
Pomfret Deputy Town Clerk
 

May 11, 2022- Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. May 11, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                         Supervisor Daniel Pacos
                         Town Clerk Allison Vento
                         Town Attorney Jeffrey Passafaro
PRESENT:        Highway Superintendent Jude Gardner
                                                                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Brett Christy

ABSENT:         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 April 13, 2022 Public Hearing Minutes- Proposed Local Law- Solar Amendments to Local Law No. 2 of 2016. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the April 13, 2022 Public Hearing-Special Use Permit Application- Solar Farm 10026 Farel Rd. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the  April 13, 2022 Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the May 4, 2022 Special Meeting Minutes of the Pomfret Town Board. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #5 of 2022 with two additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Fund         Voucher #                   To                          Amount
General    48622                          Observer                      $8.91
General   48621                          Dave Yuen Cleaning   $30.00

Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $19,768.35
General Fund Part Town        $8,623.65
Highway Fund Part Town       $8,368.88
Berry Water District               $221.67
Chestnut Water District          $198.33
North End Water District        $1,433.56
Lily Dale Sewer District         $6,834.69

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #25 of 2022 in the amount of $116,494.37 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the April 2022 report of monies received. A total of $7,416.40 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for April 2022 is as follows:
Justice Dietzen Total Cases: 76
                        Total Fine & Surcharges: $5,694.00
                        Cases dismissed:    15

                        Justice Cerrie Total Cases: 65
                        Total Fine & Surcharges: $6,612.00
                        Cases dismissed:         8
  • Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.
  • The Pomfret offices will be closed Monday, May 30, 2022 in observance of the Memorial Day.
  • Clerk Vento thanked Highway Superintendent, Jude Gardner, Jonpaul Long, and Doug Bunge for their help and assistance with the rabies clinic held May 5, 2022.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The April work report was distributed.
  • Mr. Gardner attended a zoom meeting regarding new federal regulations with water. The state is imposing an October 2024 deadline of municipalities to inspect water district residents’ home for the type pipes of within their home. Mr. Gardner will gather more information from both the county and state as more information becomes available.
  • The Forest Hill Columbarium has been installed.
  • Mr. Gardner is working with Clark Patterson Lee on prices of materials for the salt shed. He will report to the board with their results.

AUDIENCE CONCERNS
  • Kevin Seybold, intern with Greystone Nature Preserve, addressed the board and asked for their endorsement/support to designate vacant land within the Town of Pomfret to conservation. Literature will be sent to the town clerk to distribute to the board.

SUPERVISOR PACOS
  • Supervisor Pacos recognized May 1-7, 2022 as Municipal Clerks week and thanked Clerk Vento and Deputy Clerk Renckens for their roles in the  Town Clerks office.
  • A motion made by Councilwoman Eckman to schedule a Public Hearing for the purpose of amending the zoning code, specifically Section 300-15, Neighborhood Business (B-1) District for Wednesday, June 8, 2022 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to schedule a Public Hearing for the purpose of amending Local Law No. 2 of 1995 of the Town of Pomfret, entitled “Zoning Law of the Town of Pomfret”, and amending Local law No. 2 of 2014 adopting the Code of the Town of Pomfret on Wednesday, June 8, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • The Town Board has received the Chautauqua County Referral for the Special Use Permit on Christy Road. It is on file in the clerk’s office.
  • The Town Board, Planning Board, and Zoning Board have received a letter submitted from Julie McFarland rescinding her Special Use Permit Application.
  • Supervisor Pacos made a motion to declare the following items surplus, no longer required for municipal use, deemed scrap, and will be disposed of accordingly. The motion was seconded by Councilman Christy and carried unanimously.
-Dell Monitors (2)                   -Hewlett Packard Laser Jet 4 Plus
-2 towers                                 -HP Color Laser Jet 2605 with cartridges
  • Councilman Christy and Councilman Sedota will conduct interviews for the applicants who submitted letters of interest for the part-time Code Enforcement position.
  • The Board of Assessment Review vacancy will be followed through with interviews with those who submitted letters of interest.
  • Councilwoman Eckman made a motion to approve the following pricing for the purchase of a niche within the newly installed columbarium at the Forest Hill Cemetery. The motion was seconded by Councilman Christy and carried unanimously.
$750.00-single niche                                                  
$1,000.00-double niche
$100.00 per opening, per internment
$150.00 per opening on Saturday or Sunday
All plaques and engraving will be purchased and done by A.D. Titus Monuments of Fredonia.
  • Councilman Christy made a motion to approve the water application within the North End Water District to SKB Real Estate, LLC located at 10310 Rt. 60, SBL: 114.05-2-44 pending approval from the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the Change Order #2 of the Lily Dale Water District in a decrease in project cost of $14,928.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Sedota made a motion to approve the short form environmental assessment form, type 2 action for the round-a-bout, giving the Supervisor authorization to execute Part 3 declaring a negative declaration. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the month of June as “Fredonia Fire Department Annual Fund Drive” month. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos attended the Annual Banquet of the Fredonia Fire Department and provided certificates of achievement to three firemen for their 170 years combined service.
  • The Chautauqua County IDA will hold a Public Hearing, May 17, 2022 at 10:00A.M. at Pomfret Town Hall, for the purpose of the Pomfret II PV, LLC solar project for financial assistance.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy has been working with National Grid on LED lighting prices.
  • He has been to several Fredonia Fire Department meetings and is looking forward to meeting the new Fredonia Fire Chief.
COUNCILMAN SEDOTA
-None

COUNCILMAN SCHAEFFER
-Absent

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to approve the following hires for the Pomfret-Fredonia Summer Recreation Program. The motion was seconded by Councilman Christy and carried unanimously.
Tyler Garigal 166 Chautauqua Rd., Fredonia    Minimum wage/Playground
Madison Marsh    141 Gardner St., Fredonia   Minimum wage/Playground
Ethan Leid       202 Liberty St., Fredonia       Minimum wage/Playground
Clayton Frazier      25 Chestnut St., Fredonia   Minimum wage/Playground
Zackary Kawski  4 Westerly Dr. , Fredonia     Minimum wage/Playground
Gabriella Domenico  53 Forest Pl., Fredonia   Minimum wage/Playground
Joshua Reynolds 4180 Webster Rd., Fredonia   Minimum wage/Playground
Marah Long       3319 E. Main Rd., Dunkirk      Minimum wage/Playground
James Hobbs     233 East Main., Fredonia   $16.50 per hour/Lifeguard
Maxewell Corrente   17 Washington Ave., Fredonia $16.50 per hour/Lifeguard
Willow Daly-Griffen  45 Temple St., Fredonia    $16.50 per hour/Lifeguard
Owen Ludwig             30 Ryan Place, Fredonia   $16.50 per hour/Lifeguard
Ledreth Velez-Olmo   10162 Rt. 60, Fredonia    $16.50 per hour/Lifeguard
Kinnan Finnegan         3484 Webster Rd., Fredonia   $16.50 per hour/Lifeguard
  • Councilwoman Eckman stated Kayla Sullivan, Pomfret-Fredonia Recreation Director, is working very hard to bring back the summer recreation programs. She’s doing a great job and displaying a positive energy, attitude, and an asset to the local recreation program.
DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilwoman Eckman and carried unanimously. Time: 7:32P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

Special Meeting-May 4, 2022

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

                                               
                       Supervisor Daniel Pacos
                       Town Clerk Allison Vento
PRESENT:                             
                                               

                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer

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

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

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

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

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

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

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 13, 2022 at 5:39P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer
Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding the Special Use Permit submitted by RIC Development, LLC for constructing a large solar farm located at 10026 Farel Rd., SBL: 112.00-3-63, property owned by A. Sam Farms, Inc. This proposed solar farm will have approximately 11, 2016 Solar PV modules and 21 inverters.
Jon Rappe, RIC Development CEO and Sheila Ransbottom, Wendel Engineering, were present to discuss the modifications and revisions to the proposed application with visuals and handouts distributed to the Town Board. Mr. Kevin Bliss, RIC Development and Mr. Ivo Tomchev, Project Development Director, were participating via phone to help answer questions from the board and audience. Mr. Bliss spoke at length about the noise associated with a solar field. He stated after construction, the noise is from the inverters on site. The noise production anticipated is a range from 45-65 decibels.
Audience Comments:
  • Town Clerk Vento read the following as submitted and requested via email and drop box 4/13/22:
“Dear Supervisor Pacos and Councilmembers,
Please accept this letter of support regarding the proposed Farel Road Solar Project. I’m writing in support of this project as a resident and an attorney and for the following reasons:
First, the Town of Pomfret carefully considered the issue of solar power developments in the Town in 2016 and adopted Local Law #2 – Solar Power. This Local Law was carefully crafted in line with existing law, recognized and anticipated future solar power development as an acceptable land use, and established the proper locations within the Town for those acceptable and anticipated land uses. It was a public process and permitted resident involvement. Further, the Local Law established a review process for proposed projects to ensure compliance with the law and permit public involvement to address unanticipated issues or concerns before final approval of the permitted land use.
The landowner and project developer have submitted to this process to develop the property as permitted by Local Law #2. I do not believe the Town should now deny the project and this permitted use of the property after anticipating these types of projects and thus inviting this land use.
Second, I have reviewed all the documents for this project. The landowner, by way of the developer, RIC Energy, has responded to the many comments and concerns of public officials and citizens, including and especially surrounding landowners. The developer has provided modifications, including significantly greater setbacks, reduced total land use coverage, and significantly more vegetative coverage than otherwise required. The developer has done this to make the landowner’s permitted land use more acceptable -- even though the project as originally conceived already met the essential requirements of Local Law #2.
The Town and the public involved in this process should be commended. Arguably, the project is now a better project because of this process and the resulting modifications.
Third, this project is future oriented. This project and more like it need to be encouraged in our community and throughout our state and country. We have not learned to live with climate change and all the problems that we are only beginning to experience consequently.
It is essential that we encourage renewable energy development to replace our outsized reliance on fossil fuels. This project is not going to solve the issue of climate change, but these kinds of projects are a critical part of the overall effort to reduce our reliance on fossil fuels.
This type of project is very much a part of our children’s future – and the future of our community.
For the above reasons, I respectfully ask that this project be approved – and that send a clear signal as a community that we want and encourage other such land use developments.
Thank you for your kind consideration.
Very truly yours,
Michael K. Bobseine, Esq.”
  • Paul Siebert, Pomfret resident inquired where the power source will be located for the proposed solar farm and the glare from panels. Mr. Rappe stated the power station will be in the Northwest corner of the project and the panels being used have an anti-glare coating. The question of security of the project also arose asking if it would be gated, locked, etc. The project will be surrounded by a gate which will lock. People with access will be those working on the project and the yearly ground maintenance for snow removal, preventative maintenance, landscaping, etc.
  • Russ Siragusa, Pomfret resident asked about a second access road which is stated in the revised plans. Mr. Bliss stated this was a clerical error in the revised plans and the language regarding a second access road would be removed as it is no longer needed for the proposed project.
  • Becky Siragusa, Pomfret resident, asked how long the construction of the project would take. Mr. Rappe stated two to three months of impactful construction with a total project time of four to six months. He also included this project is not projected to begin until the Spring of 2023 due to delays in materials. Mrs. Siragusa also inquired about the taxing of the property to which Mr. Pacos stated it is taxable as real property. They can apply for a PILOT with the County IDA coupled with a Community Host Agreement. Because the property is proposed to be no longer used for agriculture use, the property owner could lose their agriculture exemption should the project proceed.
  • Sue Westling spoke in favor of the proposed solar project and future projects within the Town of Pomfret, County of Chautauqua, and State of New York. She stated there are no health affects to solar installation. She continues to encourage the community and Town Board to support renewable energy.
  • Susan Royal, Pomfret Resident, spoke in favor of the project and supports the installation of solar in the community to move the town forward with renewable energy.
  • Judy Lutz Woods, Pomfret resident, commended the Town Board on their continuance of working on issues and moving the town forward with solar and green energy.
  • Marcia Johnson, Village of Fredonia Resident, spoke in support and encourage the board to approve this proposed solar project.
  • Jim Joy, Pomfret Planning Board Chairman, asked who pays for the PILOT (Payment in Lieu of Taxes). Supervisor Pacos stated the agreement is between the property owner and the developer. He reiterated if the project is approved, the land owner would lose their agriculture exemption.
  • John Schibetta, Pomfret resident, stated he is not against solar or renewable energy but does have concerns regarding protecting agriculture land as stated the Town’s Comprehensive Plan. He also has concerns about property values, wildlife impact, and overall health for those located near the proposed solar farm. He included in his comments he appreciates the boards and developers’ flexibility and willingness to modify the project based on concerns expressed by residents.
Town Board Comments:
  • Councilman Sedota had questions regarding the decommissioning plan inflation rate. The board and RIC Development stated it’s written the decommissioning plan is to be revisited every four to five years to make sure all aspects are still relatable to the project. The board also stated they are following the recommendations from the Chautauqua County Planning department.
With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the public hearing at 6:51 P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Vento
Pomfret Town Clerk

April 13, 2022 Public Hearing Minutes-Proposed Local Law

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

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

April 13, 2022-Regular Town Board Meeting Minutes

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

March 9, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 9, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:   John Sedota
                                       Ann Eckman
                                     Brett Christy

ABSENT:   Councilman Christopher Schaeffer
                   Town Attorney Jeffrey Passafaro

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the
February 9, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.

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

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

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

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

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

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

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

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

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

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

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

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

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

February 09, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 9, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:      John Sedota
                                        Christopher Schaeffer
                                         Ann Eckman

ABSENT:                       Brett Christy

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

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2 of 2022. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Abesent
Councilwoman Eckman-AYE

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #22 of 2022 in the amount of $62,370.78 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

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

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

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

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

Schedule A

TOWN OF POMFRET,
CHAUTAUQUA COUNTY, NEW YORK

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

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

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

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN
-None

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

TOWN ATTORNEY PASSAFARO
  • There is one settlement in the works with the Assessor and Town Attorney. As it develops, Mr. Passafaro will report to the board.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value, with no action to be taken during the executive session. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:53 P.M.

Executive session began at 7:59P.M.

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

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 12, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 12, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:       John Sedota
                                         Brett Christy
                                         Christopher Schaeffer

ABSENT:           Highway Superintendent Jude Gardner
                           Councilwoman Ann Eckman

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

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

DULY MOVED by Councilman Sedota to accept the minutes of the
December 08, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer, the motion carried unanimously.

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

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

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


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


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2022. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #21 of 2022 in the amount of $ for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

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

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

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

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

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

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

COUNCILMAN SCHAEFFER
-none-

COUNCILWOMAN ECKMAN
-Absent

HIGHWAY SUPERINTENDENT JUDE GARDNER
-Absent

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro stated he is working with the assessor on three tax grievances brought before the town. He will keep the board updated throughout the process of these court cases.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value, with no action to be taken during the executive session. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:20P.M.

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

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

Respectfully Submitted,
          
Allison Vento
Town Clerk