November 8, 2023-Public Hearing Minutes-2024 Lily Dale Fire Contract

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 08, 2023 at 6:05P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                      Town Clerk Allison Vento
                      Town Attorney Jeffrey Passafaro
                       Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman
                       
Supervisor Pacos opened the Public Hearing for the purpose of the 2024 Lily Dale Fire Contract.  The purposed amount for the 2024 contract is $32,228.00.
Town Clerk Vento provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2024 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, 2024. 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, 2024 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2024 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 Schaeffer, seconded by Councilman Sedota to close the Public Hearing at 6:07P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC, Town Clerk
 

November 8, 2023 Public Hearing Minutes- 2024 Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 8, 2023 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
                       
           
The Public Hearing is being held for the purpose of the 2024 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2024 Preliminary Budget reflects a town wide rate of 4.2508619, a 0.08 increase with additional outside Village Rate of 4.3314582 or 0.00 increase, and total Outside Village rate of 8.5823201. The total tax levy is within the tax cap, coming in $45,949.00 under the limit. The total budget is $4,407,340.
                                                                                                     
With no questions, comments, or concerns from the public, a motion made by Councilwoman Eckman seconded by Councilman Schaeffer to close the Public Hearing at 6:20 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Town Clerk


                         
 

November 8, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. November 08, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                                         
                   Supervisor Daniel Pacos
                   Town Clerk Allison Vento
                   Highway Superintendent Jud Gardner                                 
                   Town Attorney Jeffrey Passafaro        
                                 

COUNCILPERSONS:            
                                                Christopher Schaeffer
                                                John Sedota                            
                                                Ann Eckman
                                   

The Pledge of Allegiance was recited prior at the beginning of the scheduled Public Hearings.

DULY MOVED by Councilman Sedota to accept the minutes of the October 11, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried with Councilwoman Eckman abstaining.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 16, 2023 Workshop Meeting Minutes. The motion was seconded by Councilman Sedota and carried with Councilwoman Eckman abstaining.  

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 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
Councilwoman Eckman-AYE

General Fund Town Wide      $18,031.17
General Fund Part Town        $19,647.58
Highway Fund Town Wide    $3,099.79
Highway Fund Part Town       $60,082.97
Berry Water District               $23.02
Lily Dale Water District         $86.49
North End Water District        $60.85
Van Buren Water District       $1,459.00
Lily Dale Sewer District         $4,457.49
Capital Projects                       $1,832.00


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2023, totaling in the amount of $130,631.08 for Chadwick Bay Intermunicipal Waterworks. 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
Councilwoman Eckman-AYE


DULY MOVED by Supervisor Pacos, seconded by Councilman Sedota, to approve the following budget transfers and modifications. The motion was carried unanimously.
GENERAL FUND TOWNWIDE
$500                FROM             A1990.4          Contingent Account
                        TO                   A5010.4          Supt. Of Highways Contractual

$1,000             FROM             A9060.8          Employee Benefits Hospital & Medical
                        TO                   A9050.8          Employee Benefits Unemployment

GENERAL FUND OUTSIDE VILLAGE
$4,500             FROM             B3620.11        Safety Inspection Deputy
                        TO                   B3620.4          Safety Inspection Contractual

$1,250             FROM             B7140.4          Playgrounds & Recreation Contractual
                        TO                   B7140.1          Playgrounds & Recreation Personal Services

HIGHWAY FUND OUTSIDE VILLAGE
Budget Modification
Modify 2023 adopted budget by Increasing Revenue Account DB2665 Sales of Equipment by $20,686 and by Increasing Expenditure Account DB5130.4 Machinery Contractual by $20,686.
                        Adjust for actual proceeds from equipment sales

Budget Transfer
$42,075           FROM             DB9950.0       Transfer to Capital Projects
                        TO                   DB5130.2       Machinery Equipment
                        Adjust for purchase of used box utility truck


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the October 2023 report of monies received. A total of $18,794.80, was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for October 2023 is as follows:
Justice Dietzen Total Cases: 119
                        Total Fine & Surcharges: $7,267.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 86
                        Total Fine & Surcharges: $5,470.00
                        Cases dismissed: 11   
  • 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.
  • The Pomfret Offices and Buildings will be closed Friday, November 10, Thursday, November 23, and Friday November 24, 2023.
  • The Fredonia Fire Department next Solar Eclipse meeting will be held December 13, 2023 at 10:00A.M. at the Fredonia Fire Hall.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The October Highway Work Report and Water Report have been distributed to the Town Board.
  • The salt barn is coming along. The Highway Department is working on installing the roof, pending weather conditions. They have borrowed the Town of Charlotte bucket truck to help with the install.
  • All the plow trucks are ready and they have plowed once this fall.
  • Kravtiz Tree Service has completed the work in Forest Hill Cemetery by removing all the dead trees. The Town Board thanked Mr. Kravitz for his donation to helping with the cost of removing the trees.

AUDIENCE COMMENTS:
  • Sarah Swinko, Community Sustainability Planner, Southern Tier West, addressed the board about the available programs thru the Regional Planning & Development Board, which serves Allegany, Cattaraugus, and Chautauqua Counties. Supervisor Pacos will relay the information to the Pomfret Planning Board, while Jude Gardner, Highway Superintendent will put a list together to discuss future projects.

SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve the Lily Dale Fire Contract for 2024 at a cost not to exceed $32,228.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the 2024 Budget with the following rates: Townwide Rate is 4.2508619 ($0.08 increase)
    Additional Outside Village rate is 4.3314582
Total Outside Village is 8.5823201 ($0.00)
The motion was seconded by Councilwoman Eckman and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to pay any year end bills after the December 13, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule the 2024 Organizational Meeting for January 3, 2024 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the commercial water request from Fredonia Pomfret Partners, LLC for location at 3732 Lakeview Rd., Fredonia, SBL: 114.00-3-73, previously approved by the Village of Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the request of use of Pomfret Roads during 2024 to Wilson Endurance Sports, pending receipt of their 2024 Certificate of Insurance. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with Atlantic Testing Laboratories for soil boring for the Phase 2 of the North End Water District at a cost not to exceed, 74,890.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with CC Environment & Planning for Wetland Delineation for the Phase 2 of the North End Water District, at a cost not to exceed $7,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town of Pomfret received two quotes for the Request for Proposal for the design and construction for the culvert replacement on Porter Road. After reviewing the proposals, the Board has requested Town Clerk Vento reach out to each company and obtain a price for the RFP.
  • The Town Board received notice of a Liquor License Application from Totopos Mexican Grill, LLC, at 3771 E. Main Rd., Fredonia. It has been filed with the Town Clerk Vento.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with Terracon Consultants-NY, Inc. for geophysical exploration services for the Pioneer Cemetery at a cost not to exceed $6,850.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Rural Ministry is conducting a food drive this month and requesting donations. Donations can be dropped off at Pomfret Town Hall, 9 Day St., Fredonia, on Saturday, November 11th from Noon-3:00P.M. and Sunday, November 12th from 9:00A.M. to Noon. 
  • Supervisor Pacos congratulated Adam Rak on his election win to the Pomfret Town Board. He thanked all who ran and looks forward to working together.

COUNCIL REPORTS
COUNCILMAN SEDOTA
-None

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN
  • Festivals Fredonia will be holding their “Miracle on Main” on  December 2, 2023 and will be hosted at the American Legion.
  • The RO Foundation will hold their Ugly Christmas Sweater toy and food drive for Rural Ministries on December 2, 2023 at the Kosciuszko Club in Dunkirk.
  • The Pomfret Board wishes to fill the vacancy on the board created by Brett Christy with the third highest vote receiver and will appoint at the Organizational Meeting on January 3, 2024.

TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota, and carried unanimously. Time: 7:18P.M.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk

 

October 11, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. October 11, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

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

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 13, 2023 Public Hearing Minutes-Cable Franchise. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 13, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 2, 2023 Special Meeting Minutes. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2023. 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
Councilwoman Eckman-Absent

General Fund Town Wide      $42,480.06
General Fund Part Town        $21,239.20
Highway Fund Part Town       $22,735.04
Berry Water District               $7,126.19
Chestnut Water District          $1,581.32
North End Water District        $44,377.43
Lily Dale Water District         $5,999.37
Route 20 Water District          $56.02
Rt. 20 Sewer District              $59.61
Rt. 60 Water District               $7,527.90
Rt. 60 Sewer District              $11,979.05
Lakeview Sewer District        $61.47
Sewer District 1                      $2,060.34
Sewer District 2                      $1,140.14
Lily Dale Sewer District         $1,903.24
Capital Projects                       $1,785.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2023, totaling in the amount of $32,057.92 for Chadwick Bay Intermunicipal Waterworks. 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
Councilwoman Eckman-Absent

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The September Highway Work Report and Water Report have been distributed to the Town Board.
  • The salt barn is coming together. They will be ready to install the roof next week. The Highway Department had a lot of help from the County of Chautauqua.
  • The Highway Department will be working with the NYS DOT with repairs on Rt. 60 from the work done to widen the roadway.

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the September 2023 report of monies received. A total of $12,012.05, was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for September 2023 is as follows:
Justice Dietzen Total Cases: 122
                        Total Fine & Surcharges: $8,361.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 59
                        Total Fine & Surcharges: $3,713.00
                        Cases dismissed:         15
  • 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.
  • The Fredonia Fire Department submitted their September report. There was a total of 184 calls with 34 being within the Town of Pomfret. The Report is on file with the Town Clerk.
  • Councilman Schaeffer made a motion to authorize the adjustment to the water and sewer bill to property located at 15 Cottage Row, Lily Dale, N.Y., account #138, Janet and Jay Cook, due to a town responsible leak at the meter in the amount of $285.34 for water charges and $308.24 for sewer charges. The motion was seconded by Councilman Sedota and carried unanimously.

SUPERVISOR PACOS
  • A motion made by Councilman Sedota to schedule a Public Hearing for the Lily Dale Volunteer Fire Department on Wednesday, November 8, 2023 at 6:00P.M. at Pomfret Town Hall., 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • A motion made by Councilman Schaeffer, seconded by Councilman Sedota to approve the following resolution. The motion carried unanimously.
WHEREAS, an application having been made under the Town of Pomfret Solar Facilities Permitting Law by RIC Development, LLC, on behalf of Pomfret PV, LLC, for a 5mw Photovoltaic Solar Energy Generation Facility on a thirty-one (31) acre parcel to be located at 4545 Van Buren Road, in the Town of Pomfret, and
            WHEREAS, the application for permit under said Local Law for said Solar Energy Generation Facility has previously been before the Town Board of the Town of Pomfret, reviewed by said Board, and the Town’s Code Enforcement Officer, Public Hearing held, and approved with conditions determined by the Town Board of the Town of Pomfret, and
            WHEREAS, to address the conditions imposed on the applicant prior to final approval, said applicant has submitted a decommissioning plan, a decommissioning bond, a conservation easement, and requested that an affidavit regarding a previously existing drainage easement on said property be executed on behalf of the Town, and said submissions also address the Chautauqua County Planning Departments response to the GML 239 Referral to it by the Town, and
            WHEREAS, the Code Officer has submitted a report to the Town Board indicating that his review of the decommissioning plan and the decommissioning surety bond are in order and generally conform to Local Law and practice, and
            WHEREAS, the application for this project was commenced under the then existing Solar Facilities Local Law, not subject to later amendments, and the applicant had requested and was granted an extension of the permit approval at a meeting of the Town Board on July 12, 2023, and
            WHEREAS, the conservation easement has been reviewed by Town Officials, is deemed acceptable, and is in accord with conditions imposed during the permitting process for this project.
NOW THEREFORE BE IT,  
            RESOLVED that the Town Board of the Town of Pomfret does hereby approve the decommissioning plan, the decommissioning surety bond, and the conservation easement, all as submitted on behalf of the applicant for the above referenced project, and they are hereby approved, and it is further
            RESOLVED that the Supervisor and/or Code Enforcement Officer is authorized to execute the attached affidavit addressing the drainage easement issue raised during the permitting process, and that it appearing that the owner has agreed to keep the existing drainage ways clear of any debris, and not to interfere with same, that said officials are authorized to execute said affidavit.
  • Town Attorney, Jeffrey Passafaro, notified the board he will be closing his practice in 2024. He is willing to stay on with the Town of Pomfret, if the board chooses, for legal matters except for litigation. The board will discuss.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with the Chautauqua Region Economic Development Corporation for the purpose of advancing economic development projects, with interest in implementing the Pomfret Wastewater Infrastructure Engineering Study. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Pomfret Town Board has been invited to the 45th Anniversary Celebration for the Chautauqua Home Rehabilitation & Improvement Corporation on Wednesday, October 18, 2023 at 12:00P.M. at the Dunkirk Lighthouse & Veterans Park Museum Pavilion.
  • Councilman Schaeffer made a motion to appoint Thomas Starks, Central Ave., Fredonia, at a rate of pay of $16.20 per hour to the position of CBI Reader/Billing Clerk. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos met with National Grid and they will be replacing power lines, which will be paid out of state funds.
  • The Pomfret Town Board is soliciting letters of interest to fill the vacancy on the board created by the resignation of Brett Christy.
  • Supervisor Pacos attended the Fredonia Fire Department Open House and presented a certificate on behalf of the Town to newly sworn in Captain, Dan Aldrich.
COUNCIL REPORTS
COUNCILMAN SEDOTA
  • Councilman Sedota attended the monthly Fredonia Fire Department meeting. They are still interested in working with the town to create incentives for recruiting volunteers to the department.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer stated the Barker Library is proposing ownership of their side of the building. They are also working with the County Library System to create a policy for events where authors hold meet and greets.
  • The Opera House continues to bring back popular programs and new programs for the community.
COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting and enter Executive Session for the purpose of discussing acquisition of property where publicity would substantially affect the value, with no action to be taken. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:04P.M.

DULY MOVED by Councilman Sedota to close the Executive Session and enter back into the Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:04P.M.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota, and carried unanimously. Time: 7:05P.M.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk

 

October 2, 2023 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. October 2, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

COUNCILPERSONS:          
Christopher Schaeffer
John Sedota
                       
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 2024 Tentative Budget to the board and any other lawful business.
 
  • The Town Clerk presented the Tentative 2024 Budget to the Town Board.
Supervisor Pacos noted the 2024 Tentative Budget reflects a town wide rate of 4.2758561, increase of (0.11) and outside Village rate of 4.3206795. Total Outside Village Rate of 8.5965356, an increase of 0.02.
  • Councilman Sedota made a motion to authorize the Pomfret Town Court to apply for a JCAP grant in the 2023-24 grant cycle for up to $30,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos made a motion to accept the Fredonia Ford bid for a used 2022 Cutaway Single Rear Wheel with a 12’ enclosed Body, in the amount not to exceed $43,500.00. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to adjourn the Special Town Board Meeting at 6:07P.M. The motion was carried unanimously.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk
 

September 13, 2023 Public Hearing Minutes-Cable Franchise

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 13, 2023 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 Chris Schaeffer

The Pledge of Allegiance was led by Supervisor Pacos.
Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding the granting of a cable television agreement by and between the Town of Pomfret and Spectrum North East, LLC, an indirect subsidiary of Charter Communications.

Audience Comments:
  • None

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilman Sedota, to close the Public Hearing at 6:19 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Pomfret Town Clerk
 

September 13, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 13, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                                         
                  Supervisor Daniel Pacos
                  Town Clerk Allison Vento
                 Highway Superintendent Jude Gardner                                 
                 Town Attorney Jeffrey Passafaro                                          
COUNCILPERSONS:          
                                Ann Eckman
                               Christopher Schaeffer
                               John Sedota                                                   
           
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 9, 2023 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 #9 of 2023. 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
Councilwoman Eckman-AYE

General Fund Town Wide      $52,577.09
General Fund Part Town        $5,246.73
Highway Fund Part Town       $14,339.02
Berry Water District               $64.80
Chestnut Water District          $41.50
North End Water District        $139.91
Lily Dale Water District         $7,977.65
Lily Dale Sewer District         $2,791.36

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-9 of 2023, with one addition, totaling in the amount of $423,485.40 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Voucher # 460, Chautauqua Co. DPF/Fuel    $677.58                      
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the August 2023 report of monies received. A total of $10,141.00, was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for August 2023 is as follows:
Justice Dietzen Total Cases: 114
                        Total Fine & Surcharges: $ 7,609.50.00
                        Cases dismissed:   18

                        Justice Cerrie Total Cases: 58
                        Total Fine & Surcharges: $ 2607.00
                        Cases dismissed:         14
  • 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.
  • Josh Myers, Fredonia Fire Chief, is implementing a Planning Committee for the 2024 Eclipse. Our area is in its direct path with total darkness to be experienced for approximately three to four minutes. Mr. Myers would like representation from the Town to be a part of the committee.

AUDIENCE CONCERNS
  • Eric Weis, Clark Patterson Lee, was in attendance to update the Town Board on the projects open within the Town.
Sewer Expansion Grant:
The Grant Agreement will be forthcoming with half the money upfront to continue to move forward with the study. A draft report is expected to be completed in January.
Salt Storage Facility:
Foundation is complete with half of the walls built. The Highway Department is still receiving the concrete blocks for installation. The project is moving along and will be completed by winter.
Van Buren Water District:
The district is still waiting for a couple easements to be signed and returned so the project can go out to bid. The Engineers are prepared to go to bid, but cannot do so without the remaining easements.
North End, Phase II Water District:
The base mapping is in progress and should be completed by the end of this week. The Engineers will then work on laying the main water lines within the plans. They are hoping to have a draft plan completed by the end of September. Their hope is for construction to begin in summer of 2024.
North End, Phase III Water District:
The Town is waiting for word if any grant money will be awarded for this project. Notification usually takes place in October or November. The grant application was submitted in August.
Berry & Chestnut Water Districts:
The Board plans to work on applying for grant money, deadline July of 2024. It is on the calendar to begin the process of putting the pieces together for the grant in February, which includes the map, plan, report, which is needed for funding.
Pioneer Cemetery Wall:
The engineers are working on obtaining a quote for radar, to be able to locate and know where bodies are interred so there is no disruption when digging and rebuilding the wall.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July and August monthly Water Work Report has been distributed and on file with the Town Clerk.
  • The August Highway Work Report was distributed to the Town Board.
  • Councilman Schaeffer made a motion, seconded by Councilwoman Eckman, to authorize the Highway Superintendent to advertise for bids for a used E350 Truck or equivalent Cutaway Box Truck, with bids to be returned to the Town Clerks Office, 9 Day Street, Fredonia, N.Y. by October 2, 2023 at 2:00P.M. The motion carried unanimously.
  • Councilwoman Eckman made a motion to approve the 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

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 Town forces to maintain Town Roads.
NOW, THEREFORE 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 Caterpillar 120 Motor Grader, and it is further
RESOLVED, that the Town Board hereby authorizes the Supervisor and Town Clerk to execute all necessary application documents.
  • Councilman Schaeffer made a motion to authorize the Highway Superintendent Gardner to purchase a Rockland 36” Heavy Duty Excavator Bucket and teeth from Russert Equipment, LLC, at a cost not to exceed $6,425.00. The motion was seconded by Councilman Sedota and carried unanimously.
SUPERVISOR PACOS
  • The letter of resignation was received and accepted by Town Clerk Vento for Councilman Brett Christy, effective September 7, 2023.
  • Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for Monday, October 2, 2023 at 6:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, for the purpose of the Town Clerk to present the Tentative 2024 Budget and any other lawful business before the board. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing on Wednesday, November 8, 2023 at 6:15P.M. for the 2024 Preliminary Budget at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule the following 2024 Budget Workshops of the Pomfret Town Board at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, seconded by Councilman Sedota and carried unanimously.
October 16, 2023
October 19, 2023
October 24, 2023
October 26, 2023
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with Spectrum Northeast, LLC for a Cable Franchise Agreement. The motion was seconded by Councilman Schaeffer and carried unanimously.
In the Matter of the Granting of a Cable Television Franchise Held by Spectrum Northeast, LLC in the Town of Pomfret, County of Chautauqua, New York                                         

An application has been duly made to the Board of the Town of Pomfret, County of Chautauqua, New York, by Spectrum Northeast, LLC, an indirect subsidiary of Charter Communications, Inc. (“Charter”), a limited liability company organized and existing in good standing under the laws of State of Delaware doing business at 2604 Seneca Avenue, Niagara Falls, NY 14305, for the approval of a renewal agreement for Charter's cable television franchise for fifteen (15) years commencing with the date of approval by the Public Service Commission. 

The franchise renewal agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended, and certain court rulings.

A Public Hearing was held in the Town of Pomfret, New York on September 13, 2023, at 6:15 P.M. and notice of the hearing was published in the Observer on September 2, 2023.

NOW, THEREFORE, the Board of the Town of Pomfret finds that:

1.         Spectrum Northeast, LLC has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and

2.         Spectrum Northeast, LLC has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and

3.         Spectrum Northeast, LLC can reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

BE IT FURTHER RESOLVED that the Board of the Town of Pomfret hereby grants the cable television franchise of Spectrum Northeast, LLC and the Town of Pomfret for fifteen (15) years commencing with the date of approval by the Public Service Commission and expiring fifteen (15) years hence.

BE IT FURTHER RESOLVED that the Board of the Town of Pomfret hereby confirms acceptance of this franchise renewal agreement.
  • Supervisor Pacos made a motion to approve the amended North County Water District Agreement. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to accept the letter of resignation from Matthew Estep, Zoning Board of Appeals, effective August 30, 2023. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with CV3 Architectural PC to provide new zoning map for the Town of Pomfret at a cost not to exceed $5,500.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize Festivals Fredonia, Inc., to use Forest Hill Cemetery for their annual Harvest Moon Cemetery Tours on Friday, October 20, and Saturday, October 21, 2023 from 5:00P.M. to Midnight. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos read a statement in regards to the North County Water District. He stated The Village of Fredonia has no connections to the North County Water District main lines. There are connections on the East and West side of the Town of Pomfret, where Pomfret water lines are connected to the North County District main lines. The Town and the North County Water District requested permission from the Village a few years sago to make those two connections. He clarifies the status of those two connections stating on the west side of Pomfret at the Portland town line was made several months ago and has been operational since that time. The connection on the east side of Pomfret was held up for over a year due to supply chain issues with the emergency generator that is required for the pumping station. He continued to state the North County Water District is a fledgling organization and is working to cover its start-up costs that have incurred over its first few years of operation. They have made great strides to correct several operational issues and is confident they are on solid ground moving forward. It is the intention of the Board of Directors of the North County Water District to make sure that the residents have safe, reliable, water for many years to come.

COUNCIL REPORTS
COUNCILMAN SEDOTA
  • There was no August meeting with the Fredonia Fire Department. He will follow up with the discussion of incentives for volunteer fire fighters.

COUNCILMAN SCHAEFFER
  • The Chamber is holding an event, Friday, September 15, 2023 at the Fredonia Beaver Club, ‘Hops and Pops’. All are invited to attend.

COUNCILWOMAN ECKMAN
  • The Town has contracted with Kravitz Tree Service to remove dead trees in Forest Hill Cemetery, as they are the only company with the proper equipment. The Forest Hill Endowment Fund received approval from the Northern Chautauqua Community Foundation they will help with the cost of removing these trees. The remaining cost will be taken care of by Kravitz Tree Service.
  • Councilwoman Eckman has worked tirelessly with the NYS DOT on the beautification of the round-a-bout. She has notified the board the state will not allow the placement of a local artist sculpture in the center, but will allow it in the right of way on the corner of Rite Aid. She is currently working on the proper permits to allow this to happen. She is researching the installation of colored stone and artificial greenery for the round-a-bout and will report back to the board when more information is available.
TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro reminded the board if they are going to exceed the tax cap, to allow proper time to schedule a Public Hearing to adopt a local law to do so.
DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting and enter into Executive Session for the purpose of acquisition, lease or sale of real property when publicity would substantially affect the value, with no action to be taken. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:00 P.M.

DULY MOVED by Councilwoman Eckman to close the Executive Session, enter back into the Regular Town Board Meeting, and adjourn the Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.  Time: 8:11P.M.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk
 

August 9, 2023 Regular Town Board Meeting Minutes

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

PRESENT:                                         
Supervisor Daniel Pacos
Town Clerk Allison Vento
Highway Superintendent Jude Gardner                                 
                                                                                               
COUNCILPERSONS:          
                        Ann Eckman
                        Brett Christy (arrived at 6:36P.M. left at 6:55P.M.)
                        Christopher Schaeffer

ABSENT:                               John Sedota
                             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 July 12, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the July 27, 2023 Public Hearing Minutes-Phase 3. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the July 27, 2023 Special Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #8 of 2023 with one amendment and three additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Amendment to Voucher# 50163, NYSTCA, from $40.00 to $80.00 to budget line A1410.4.
Additions:
Voucher#           Claimant       Amount        Budget line
50190       Municipal Solutions     $1,4220.00         A1220.4
50192       Municipal Solutions     $1,665.25           H8310.4
500193     Municipal Solutions    $6,528.00          H8310.4
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-Absent
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

General Fund Town Wide         $88,384.39
General Fund Part Town           $1,135.80
Highway Fund Part Town         $367,864.22
Berry Water District                 $7,463.92
Chestnut Water District             $1,853.58
North End Water District          $21,112.95
Lily Dale Water District             $7,675.77
Lakeview Sewer District           $102.16
Lily Dale Sewer District             $8,441.45
Route 20 Water District             $59.16
Route 20 Sewer District             $63.61
Rt. 60 Water District                 $8,985.62
Rt. 60 Sewer District                 $11,871.36
Sewer District 1                        $1,572.53
Sewer District 2                        $1,123.45
Capital Projects                        $8,947.25

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-8 of 2023 with one addition, totally in the amount of $46,097.40 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Voucher#         Claimant         Amount          Budget line
430                      Mary Ark         $434.31          CBI
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-Absent
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the July 2023 report of monies received. A total of $11,371.80, was collected. The report is on file in the Clerk’s Office.
  • Clerk Vento has received the Certificate of Satisfaction from the Chautauqua County Department of Finance.
  • Pomfret Town Justice report for July 2023 is as follows:
Justice Dietzen Total Cases: 63
                        Total Fine & Surcharges: $ 5,353.00
                        Cases dismissed:    6

                        Justice Cerrie Total Cases: 68
                        Total Fine & Surcharges: $ 4,198.00
                        Cases dismissed:         8
  • 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.
  • A reminder that Pomfret Town Hall will be closed Friday, August 25, 2023 due to the Fredonia Farm Festival.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July Highway Work Report was distributed to the Town Board.
  • Councilwoman Eckman made a motion to approve the Highway Superintendent to declare surplus a Case Tractor 1998 CX100 and dispose of in the best interest and manner of the residents of the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town of Pomfret received a grant from Bridge NY in the amount of $969,000.00 for the repair of the culvert on Porter Road.
SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Christy and carried by roll call vote:
ROLL CALL:
Supervisor Pacos: AYE
Councilman Sedota: Absent
Councilman Schaeffer: AYE
Councilman Christy: AYE
Councilwoman Eckman: AYE

A BOND RESOLUTION, DATED AUGUST 9, 2023, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF A SNOWPLOW TRUCK, AT AN ESTIMATED MAXIMUM COST OF $341,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $341,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY 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.
            BE IT RESOLVED, by the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) (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 acquire a snowplow truck, including all necessary equipment, apparatus and warranties and all preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”).  The estimated maximum cost of the Purpose is $341,000.
                        SECTION 2.   The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $341,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received including, but not limited to, grant funds expected to be received from USDA Rural Development in the approximate amount of $53,600.  Unless paid from other sources or charges, there shall annually be levied on all the 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 3.   It is hereby determined that the Purpose is a class of objects or purposes described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 15 years; however, the bonds issued pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, will mature no later than five years from the date of original issuance of such bonds or notes.
                        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 such bonds.
                        SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution will not 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 will 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, there will annually be levied on all the 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. The Town hereby determines that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) are required.
                        SECTION 14. 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 15. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:
            1.         (a)        such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
            •             (b)        the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
                                    2.         such obligations were authorized in violation of the provisions of the Constitution of New York.

                        SECTION 16. 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 the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.
                        SECTION 17. This Resolution is effective immediately. 
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Pomfret Cable Franchise Agreement on Wednesday, September 13, 2023 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to approve the amended contract with Clark Patterson Lee for the Sewer Expansion Project in an amount not to exceed $34,350.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to appoint Angela Joy to the position of Pomfret Court Clerk at a rate of pay of $17.50 per hour, not to exceed 35 hours per week effective, August 7, 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to appoint Jeffrey Nickerson to the position of Pomfret Court Officer at a rate of pay established in the January 2023 Organizational Meeting Minutes, effective August 09, 2023. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to approve the USDA Loan Resolution for the Pomfret Highway Snow Truck in the amount of $267,400.00 and to accept the grant in the amount of $53,600.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Legal Services Agreement with Town Attorney, Jeffrey Passafaro, for the Pomfret Highway Snow Truck. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to approve the USDA Loan Resolution for the North End Water District Phase 2 in the amount of $3,400,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Legal Services Agreement with Town Attorney, Jeffrey Passafaro, for the North End Water District Phase 2. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos advised the board that the WIIA Grant and DSWRF has been submitted by Municipal Solutions for the North End Water District Phase 3.
  • The Grape Discovery Center has invited members of the Pomfret Board to their 10-year celebration on Saturday, September 2, 2023 at 2:00P.M. at 8305 West Main Rd., Westfield. Councilwoman Eckman and Town Clerk Vento will attend on behalf of the Town.

COUNCIL REPORTS
COUNCILMAN CHRISTY
-None

COUNCILMAN SEDOTA
-Absent

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Darwin R. Barker Library and Museum picnic held for their workers, volunteers, and donors.

COUNCILWOMAN ECKMAN
  • The Fredonia Farm Festival will be held Friday, August 25-27, 2023. The Red, White, and Blues Festival will be held September 8th and 9th, 2023. She encourages all to attend these great community events.

TOWN ATTORNEY PASSAFARO
-Absent

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting The motion was seconded by Councilwoman Eckman and carried unanimously. Time: 7:06 P.M.

Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk

 

July 27, 2023 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:45 P.M. July 27, 2023 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
                                              Councilman Brett Christy
                                   
The purpose of this special meeting is for the Town Board to conduct any lawful business before the Town Board.

Supervisor Pacos
  • A motion made by Councilwoman Eckman to approve the following SEQR Resolution in regards to the North End Water District Phase 3, 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 improvement of the facilities in the North End Water District-No.7, Phase 3 calls for the installation of approximately Seventy-Four Thousand (74,000) lineal feet of Eight (8) inch water main; the construction of two (2) water storage tanks, and including lands and rights in lands, furnishings, equipment, machinery, and apparatus, 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 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;
NOW THEREFORE BE IT 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 the North End Water District, Water District No.7-Phase 3 in the Town of Pomfret, and be it further
RESOLVED, that the Supervisor and Clerk are authorized to execute all necessary documents issuing a negative declaration and filing and serving same in accordance with law.
  • A motion made by Councilwoman Eckman to approve the following Order after Public Hearing resolution, seconded by Councilman Christy, and carried by Roll Call Vote.
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 3 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 for a Public Hearing there on, 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 74,000 lineal feet of eight inch water main; the construction of two water storage tanks and including lands 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 July 2023, and have estimated the maximum cost thereof to be expended, Eleven Million, Five Hundred, Seventy-Five Thousand ($11,575,000.00) 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 July 27, 2023 at 5:00P.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 Eleven Million, Five Hundred, Seventy-Five Thousand ($11,575,000.00) 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 evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
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; The construction of the improvements herein described is in the public interest; Prior to solicit 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 Elven Million Five Hundred, Seventy-Five Thousand Dollars ($11,575,000.00) the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities to be expanded; and it is further
ORDRED that the expense of said crease 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 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 improvements of facilities may be offset by any grants received from the 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 Six Million, Five Hundred, Sixty-Nine Thousand ($6,569,000.00) Dollars and it is further
ORDRED that the Town Board of the Town of Pomfret, in the name of the district, may accept all grants in aid from State and Federal agencies for the cost of said improvements, and my finance all or part of the balance not to exceed Six Million, Five Hundred, Sixty-Nine Dollars ($6,569,000.00) 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.
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 Bond Resolution, seconded by Councilman Sedota and carried by a roll call vote.
A BOND RESOLUTION, dated JULY 27, 2023, 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 3) AT AN ESTIMATED MAXIMUM cost OF $11,575,000 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 $6,569,000 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 3” 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 3) that will generally consist of (but not be limited to), the installation of approximately 74,000 linear feet of water main, construction of two water storage tanks, 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 $11,575,000.
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 $6,569,000 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, in connection therewith, duly issued a negative declaration and/or other applicable documentation, 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.
The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:
ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Councilwoman Eckman to close the Special Meeting of the Town Board, seconded by Councilman Christy, and carried unanimously. Time: 5:49P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

July 27, 2023 Public Hearing Minutes-Phase 3

PUBLIC HEARING of the Town Board of the Town of Pomfret held Thursday, July 27, 2023 at 5:00 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

The Pledge of Allegiance was led by Supervisor Pacos.
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 -Water District #7, Phase 3 in the Town for the increase and improvement of facilities of the district, consisting of the installation of approximately 74,000 linear feet of Eight Inch (8) water main; the construction of two (2) water Storage Tanks and including lands or rights in land, furnishings, equipment, machinery, and apparatus required.
Supervisor Pacos started the Public Hearing by stating this hearing is for the Phase 3 of the North End Water District and is needed to be able to complete the requirements to apply for grant money. The deadline to submit the application for funding is August 11, 2023, with announcement if awarded in October of 2023. Mr. Pacos reiterated the board promised to continue with gaining funding for Phase 3 to close out the North End Water District.
Audience Comments:
  • Seth Krull, CPL Engineering, presented to the board and the audience updated maps of the proposed Phase 2 and Phase 3 of the North End Water District. He gave a brief description of the project and answered specific questions from the attendees. The estimated costs to the property owners, once completed, will be approximately $1,240.00 per year. The cost is broken down to approximately $780.00 per EDU on the tax bill, with an estimated cost of $490.00 per year for the quarterly billings of water used.  To this, Councilwoman Eckman stated the board is going to do everything to keep the costs down to each property owner by applying to all state and federal grants which are pertinent to this project. Mr. Krull gave a brief outline of the timing of these projects. He stated there is roughly six to eight months in the design/planning of the project to which it is then sent to the required agencies to approve the design. After the design is approved by the necessary agencies, the project will go out to bid which is approximately one to two months. Designing of Phase 2 and Phase 3 are happening simultaneously to keep the project moving forward, to which he stated the construction for both phases could begin at the same time.
  • David Rose asked the question if the board does not receive funding, does the project halt, and not continue. Supervisor Pacos stated the project will continue regardless of the amount of funding received. He also asked if meetings are posted on the town’s website. Town Clerk Vento stated that all meetings, legal notices, agendas, and meeting correspondence are posted on the website under the ’Calendar’ tab.
  • Richard George addressed the board on the status of Phase 2. Seth Krull explained Phase 2 is in the design/planning phase. It will be next summer before we see any bidding or construction.
  • Becky Siragusa, Pomfret resident, addressed several questions with the board. She asked the progress of Phase 2, to which was answered it is in the design/planning phase. She questioned if the Berry Rd. line replacement was included in either phase. The board explained they cannot combine the line replacement on Berry Road, due to it being in a separate water district. The line in on Farel Road will be connected to Berry Road, to create a continuous loop, to which should help with the quality of water in that section of the Town. She addressed the timeline for the line replacement of Berry Road to which Mr. Pacos stated they will keep working on applying for funding and moving projects along. Their priority is to bring potable water to those who do not currently have municipal water first, then continue with Berry Road and Chestnut Road water districts. Mr. Christy again stated the benefit of tying the Farel Rd. line to Berry Rd. to create the ‘loop’ to help keep water flowing and moving so sediment does not build up because it’s a ‘dead end’ line.
  • A resident from Chautauqua Rd. asked if municipal water will be installed on Chautauqua Rd. The board replied the section of the road he is speaking to, is not in the North End Water District and because of the topography of the area, the town most likely will not be creating a district to include Chautauqua Rd. because of the cost to do so.
  • Vernon Voyles spoke of the issue with water pressure. Councilman Christy stated that the new designs have pump stations and booster stations included. The engineers on this project will be calculating the hydraulics. Currently the engineers have pump stations being located on Harmon Hill Road and Straight Road.
  • Dave Willey inquired about the blue water tank located on Webster Road. The Board stated this is a Village of Fredonia tank and any questions should be addressed to the Village of Fredonia Trustees. Mr. Willey asked the board to consider moving away from the current water source and look at alternate sources because of the quality of water he receives on Webster Rd. Mrs. Eckman stated the board continues to look at the quality of water being supplied to Town of Pomfret residents and is monitored frequently.
  • Kenneth Petke, Pomfret resident, also spoke to the quality of water and the source Phase 2 and Phase 3 will be supplied by. Supervisor Pacos said they are looking at all their options, Village of Fredonia, and the North County Water District. Mr. Petke also asked about the debt service already being paid by those in the North End Water District, to which it was explained that the monies already being collected yearly on the Town/County Tax bill, that money will help with the cost of Phase 2 and Phase 3 because it’s part of the North End Water District as a whole. Finally, Mr. Petke asked if the home owners are allowed to continue to use their well for watering purposes. Mr. Krull, CPL, stated, yes, as long as it’s disconnected from the public water supply, home owners may still use their well for other purposes, as they so choose. Mr. Krull also addressed if there are any businesses or agriculture businesses which will be using the public water supply, there will be additional involvement with the County Health Department.
  • Jim Oakes asked if the town will be supplying the water meters. Supervisor Pacos stated “Yes”, the town will be supplying and installing the meters at the time of connection when the construction has commenced. If a property owner chooses not to hook up to the municipal water at the time of construction, there will be a fee to do so, which will be determined by the Town Board.
  • Charles Civiletto asked if the monies already being paid on the Town/County tax bills for the North End Water District debt service will help with the cost of the next two phases. The board answered “Yes”, the three different phases of the North End Water District are part of the whole district, the fund are not separated by the different phases of completion.
With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Christy, to close the Public Hearing at 5:41P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Pomfret Town Clerk
 

July 12, 2023 Regular Town Board Meeting Minutes


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

PRESENT:                                         
Supervisor Daniel Pacos
Town Clerk Allison Vento
Town Attorney Jeffrey Passafaro
Highway Superintendent Jude Gardner
                                   
                                                                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Brett Christy
                                                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 June 14, 2023 Public Hearing Minutes- Proposed Local Law- Zoning Amendments. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the June 14, 2023 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 #7 of 2023. 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-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $25,570.14
General Fund Part Town        $18,057.89
Highway Fund Part Town       $17,422.39
Berry Water District               $228.10
Chestnut Water District          $204.83
North End Water District        $279.64
Lily Dale Water District         $6,867.81
Lily Dale Sewer District         $494.36
Pomfret Fire Protection          $61,537.00
Capital Projects                       $8,288.30

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-7 of 2023 in the amount of $48,730.18 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-AYE
Councilwoman Eckman-AYE





TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the June 2023 report of monies received. A total of $9,574.30, was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for June 2023 is as follows:
Justice Dietzen Total Cases: 123
                        Total Fine & Surcharges: $ 9,959.00
                        Cases dismissed:    16

                        Justice Cerrie Total Cases: 74
                        Total Fine & Surcharges: $ 4,640.00
                        Cases dismissed:         9
  • Zoning Enforcement Officer, David Penharlow, submitted his monthly report and is on file with the Clerk.
  • 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.

AUDIENCE CONCERNS
  • Julius Leone and Larry Barter, Fredonia Fire Department, addressed the board in considering tax assessment reduction for volunteer firefighters. There has been a lack of candidates willing to serve the community. They feel this is a good tool to have in their recruitment and retention program and incentive to become involved. This assessment reduction would be on the primary residence of the volunteer and would not apply to vacant land, vacation home, etc. The state passed in December of 2022 the law in which volunteer firefighters can receive 10% assessment reduction of their property taxes, should the municipality choose to opt in. Chautauqua County recently passed legislation enabling this option with the county portion of their tax. After discussion with the board, many board members are concerned with the ‘shift of burden’ to those who are not volunteer firefighters. Mr. Leone and Mr. Barter explained the qualifications of an ‘active’ vs. ‘non-active’ member. They assured the board they would be maintaining current records of those who may receive this reduction and work with the Town and Village to ensure it is not being abused.
  • Jim Taravella, RIC Development, addressed the board in regards to two agenda items in extending the Special Use Permit for two solar projects within the Town. The board stated the items are on the agenda.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The June highway work report and water work reports were distributed to the Town Board.
  • The Highway Department had a surprise inspection from the NYS Department of Labor on Friday, July 7th. The inspection went very well and the state will provide necessary training materials moving forward.
  • The County Health Department conducted an inspection and stated water testing must be done daily. Mr. Gardner expressed his concern with the man power to do this and agreed to three times a week. This is to ensure the quality of water the Town is purchasing from the Village of Fredonia and to provide reports and a history of the water testing.
  • The Highway Department has completed paving Rood Rd., Martha’s Vineyard, and Lakeview Rd. Mr. Gardner expressed his gratitude to his staff for doing an exemplary job on the current work completed.
  • Oil and stoning will be done on Glasgow Road and Spoden Road, with paving of Christy Rd., Wilbur Rd., and upper Seymour Rd. to be done later in the season.
  • Mr. Gardner has been working with Councilwoman Eckman on the removal of dead, dangerous, trees in Forest Hill Cemetery and Pioneer Cemetery. She has contacted the Northern Chautauqua Community Foundation to see if money in the Forest Hill Endowment fund would be available for the tree removal, as this is not a foreseen cost to the town as they are trees damaged by the Ash Bore and are a public safety hazard. Mr. Gardner stated there are two individuals who are willing to donate money to the cost of removing these trees.

  • Councilman Schaeffer made a motion, seconded by Councilman Sedota, to authorize the Highway Superintendent to purchase a VAIL model XBC-EC-6820 Rotary Brush Cutter with a Wain Roy compatible mount, from Baschman Services, Inc. at a cost not to exceed $20,280.00. The motion carried unanimously.

SUPERVISOR PACOS
  • Supervisor Pacos asked if the board had a chance to review the proposed cable franchise agreement. It was requested of the Town Clerk to reach out to Mr. Camarda and ask for the maps of the area to be serviced as requested by Town Attorney Passafaro.
  • There has been no follow up from the Preservation Society in regards to the Pioneer Cemetery damaged headstones.
  • Councilman Christy made a motion to authorize the reduction in sewer on the bill for account number 231, 9 North St., Lily Dale, by $553.95 upon receipt of repair invoice of the proposed leak. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the amendment to the original contract dated January 11, 2023 for the Town of Pomfret Town Hall’s project from Municipal Solutions to add the submission of a Local Government Efficiency Grant application. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to accept the resignation with regret and thanks for service, from Miriam Washington, Pomfret Court Clerk, effective August 3, 2023 for the purpose of retirement. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Pomfret Town Board was invited to participate in the annual Farm Festival Parade on Sunday, August 27th at 1:00P.M.
  • Councilwoman Eckman made a motion to accept the estimated funding from USDA RD for the Pomfret Highway Snow Plow Truck in the amount of a grant of $53,600.00 and estimated loan (3.625%-15 years) in the amount of $267,400 and permitting Supervisor Pacos to execute a bond counsel agreement in regards to the Pomfret Highway Truck on approval of review of document. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Map, Plan, and Report from Clark Patterson Lee for the Phase 3 of the North End Water Project, dated July 2023. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the extension of a Special Use Permit for the Farel Rd. Solar Project located at 10026 Farel Rd., for one year, expiring July 12, 2024. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the extension of a Special Use Permit for the Van Buren Rd. Solar Project  for one year, expiring July 12, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos expressed to the board the idea of moving all of CBI (Chadwick Bay Intermunicipal Waterworks) payroll and record keeping to the Town of Pomfret due to the passing of Mr. John Walker, Town of Sheridan. The board stated they are okay with moving the payroll and record keeping to the Town of Pomfret.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for Thursday, July 27, 2023 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, for the purpose of the North End Water District Phase 3. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to declare the Town of Pomfret as lead agency for the 202-b proceeding on SEQR for the North End Water District Phase 3. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Schaeffer made a motion to schedule a Special Meeting of the Pomfret Town Board for any lawful business before the board on Thursday, July 27, 2023 at 5:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the closing of Pomfret Town Hall on Friday, August 25, 2023 during the Annual Fredonia Farm Festival. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Town of Pomfret was invited to the Chautauqua Farmer-Neighbor Committee Dinner on August 22, 2023 at the Grandview in Ellington.
  • The City of Dunkirk sent a letter of thanks for the participation in their annual Fourth of July Fireworks production.
  • Supervisor Pacos received the Summer 2023 Bear Lake Newsletter.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Mr. Christy visited the Pomfret Highway Barns and met with employees and discussed any issues or concerns they may have.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer stated he spoke with members of the Darwin R. Barker Library and they stated they have interest in purchasing the Pomfret Town Hall. Supervisor Pacos is hosting a walk thru of the building on July 19, 2023.

COUNCILMAN SEDOTA
  • Councilman Sedota addressed the recent activity of bears within the Village of Fredonia. He asked who would be responsible for possible solution, to which the board stated DEC would be best suited to handle the wildlife within the Village.

COUNCILWOMAN ECKMAN
  • Mrs. Eckman is continuing to work with the funder, NYS DOT, and the artist for the placement of a sculpture in the round a bout. She has met with local landscaping and stone companies for a decorative, low maintenance, center. She hopes to have this resolved by the next board meeting.

TOWN ATTORNEY JEFF PASSAFARO
  • Councilman Christy made a motion to authorize Supervisor Pacos to execute Bond Counsel Retainer Agreement for services to the North End Water District Phase 3, subject to approval by Town Attorney Passafaro and Supervisor Pacos. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting and enter Executive Session for the purpose of discussing the employment history of a particular person relating to promotion, demotion, discipline, or removal with no action to be taken. The motion was seconded by Councilman Christy and carried unanimously.
Time: 7:51 P.M.

DULY MOVED by Councilwoman Eckman to close the Executive Session and enter back into the Regular Town Board Meeting and adjourn the Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:19 P.M.


Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk


 

June 14, 2023-Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 14, 2023 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-Absent

A moment of silence was observed for the sudden passing of the Town of Sheridan Supervisor, John Walker.

The Pledge of Allegiance was led by Supervisor Pacos.
Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a A 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.


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, welfare, of persons and property, and further exercises its general police powers within the Town.

Section Three – Amendment to  Uses permitted by Special Use Permit shall include
Section 300-11 C, Uses by Special the following:  Municipal Office, Municipal
Permit building, Municipal Office Building complex and related Public uses.           

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 judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment 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.

Audience Comments:
-None

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilman Sedota, to close the Public Hearing at 6:19 P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Pomfret Town Clerk
 

June 14, 2023 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 14, 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-Absent
                                                Ann Eckman
                                                Brett Christy
                                               

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the  
May 10, 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 #6 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      $44,593.39
General Fund Part Town        $662.36
Highway Fund Part Town       $9,575.14
Berry Road Water District      $64.52
Chestnut Water District          $41.50
North End Water District        $273.09
Lily Dale Water District         $4,757.02
Rt. 60 Water District               $10,815.64
Lily Dale Sewer District         $2,863.03
Capital Projects                       $14,575.00

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #2-6 of 2023 in the amount of $231,720.29 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED BY Councilwoman Eckman to approve the following budget transfers and modifications, the motion was seconded by Councilman Christy and carried unanimously.
GENERAL FUND TOWNWIDE
$3,000             FROM             A1990.4          Contingent Account
                        TO                   A1220.4          Supervisor Contractual
            For Municipal Solutions invoices paid-town hall project
$5,000             FROM             A1990.4          Contingent Account
                        TO                   A1440.4          Engineer Contractual
            For CPL Invoices paid-town hall project
$10,000           FROM             A9730.6          BAN Principal
                        TO                   A9710.6          Serial Bond Principal

$10,000           FROM             A9730.6          BAN Principal
                        TO                   A9710.7          Serial Bond Interest

$5,000             FROM             A9730.7          BAN Interest
                        TO                   A9710.7          Serial Bond Interest
            To adjust budget to the correct type of debt being paid        

$500                FROM             A5010.2          Supt. Of Highways Equipment
                        TO                   A5010.4          Supt. Of Highways Contractual

$599                FROM             A9010.8          Employee Benefits Retirement
                        TO                   A9050.8          Employee Benefits Unemployment

$ 1                   FROM             A9030.8          Employee Benefits Retirement
                        TO                   A9050.8          Employee Benefits Unemployment

GENERAL FUND TOWNWIDE
Budget Modification
Modify 2023 adopted budget by Increasing Appropriated Fund Balance by $21,000 and by Increasing Expenditure Account A1620.2 by $21,000.
            Appropriation of additional fund balance for server upgrade at town hall

HIGHWAY FUND OUTSIDE VILLAGE
Budget Modification
Modify 2023 adopted budget by Increasing Revenue Account DB2665 Sales of Equipment by $2,989 and by Increasing Expenditure Account DB5130.2 Machinery Equipment by $2,989
            Adjust for actual proceeds from equipment sales

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the May
 2023 report of monies collected. A total of $10,149.80 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for May 2023 is as follows:
Justice Dietzen Total Cases:   129
Total Fine & Surcharges: $10,157.00
Cases dismissed: 16               

                        Justice Cerrie Total Cases: 94
                        Total Fine & Surcharges: $ 5,444.00
                        Cases dismissed: 20   
  • The Monthly Historian Report for June 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 May 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. 
  • Town Clerk, Allison Vento, received a $100.00 scholarship from the Chautauqua County Municipal Clerks Association for attending the NYS Town Clerks Association Annual Conference in April.
  • The Pomfret Town Hall and offices will be closed Monday, June 19, 2023 in observance of the Juneteenth Holiday and Tuesday, July 4, 2023 in observance of the Fourth of July.  

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board has received the May 2023 monthly work report and it is on file with the clerk’s office.
  • Mr. Gardner has informed the board, in addition to his monthly work report, he will be including a monthly water report for the board.
  • Councilman Christy made a motion to authorize the purchase of a Three Point Del Morino model LS220 86’ hydslide shift mower from Larry Romance and Son, off state bid at a cost not to exceed $11,900.00. The motion was seconded by Councilman Sedota and carried unanimously.

AUDIENCE COMMENTS:
  • Pomfret/Fredonia Recreation Director, Francesca Sysol, introduced herself and activities planned for the Summer ’23 season. She is conducting the first Annual Slow-pitch Softball tournament between the Fredonia Teachers Association and the employees of the Village of Fredonia and Town of Pomfret. The program will run from July 5th thru August 12, 2023, adding pickle ball and flag football to the programs offered. June 23rd and 24th will be the days to register your child for the summer program. Reports will be given on attendance of all playgrounds and activities to the Town Board weekly.

SUPERVISOR PACOS
  • The Town Board has received the Chautauqua County Planning and Development Referral for the proposed adoption of a Local Law to amend uses by Special Use Permit in R-2 Zone. The referral states it is a matter of Local Concern.
  • Councilwoman Eckman made a motion to declare a negative declaration for SEQR for the proposed Local Law #1 of 2023. The motion as seconded by Councilman Christy and carried unanimously.
  • Councilman Sedota made a motion to adopt the proposed Local Law #1 of 2023-amdneding 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 Councilwoman Eckman 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, welfare, of persons and property, and further exercises its general police powers within the Town.

Section Three – Amendment to  Uses permitted by Special Use Permit shall include
Section 300-11 C, Uses by Special the following:  Municipal Office, Municipal
Permit  building, Municipal Office Building complex and related public uses.           

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 judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment 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 Christy made a motion to approve the submitted proposal from Drescher & Malecki to conduct an audit of the Town of Pomfret for the year 2022 at a cost not to exceed $25,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the quote from Synchronet at a cost not to exceed $20,683.21 to replace the server and firewall at Pomfret Town Hall. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to amend the Town of Pomfret sewer rate for those customers who receive service from the Village of Fredonia to $7.48 per 1,000 gallons effective June 1, 2023 and to include a $20.00 flat base fee, which the Village charges the Town of Pomfret for those select properties serviced on the Village of Fredonia sewer line. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town has been contacted by Alexander Camarda, Charter Communications/Spectrum Senior Director, to host an agreement for the cable franchise contract with the town. The board has decided they will review the contract in the next month and move this item to the July agenda.
  • Supervisor Pacos congratulated Town Clerk, Allison Vento, for being sworn in as the 3rd Vice President with the New York State Town Clerk’s Association. Her term is effective July 1, 2023 and runs until June 30, 2024. The board thanked Mrs. Vento on giving back and serving the NYS Town Clerks Association Organization as a leader and mentor for fellow NYS Town Clerks. Being involved is an asset to our community which the board is grateful for.
  • Councilwoman Eckman made a motion to extend the Special Use Permit for one year, expiring June 14, 2024, for the Solar Application located at 5208 W. Main Rd. due to supply chain issues. The motion was seconded by Councilman Christy and carried unanimously.
  • The Pomfret Board was approached by the Preservation Society in replacing damaged foundations and stones at Pioneer Cemetery. The board has requested the Preservation Society gather information and list the stones needing repair to further investigate historical value and to contact family members for their approval, as well as cost to do so.
  • A motion made by Councilwoman Eckman to approve resolution for Van Buren Local Counsel Agreement, seconded by Councilman Christy and carried unanimously.
  • Councilman Sedota made a motion to approve the Amended Intermunicipal Cooperation Agreement Regarding Employment of Assessor and Assessor’s Duties. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Town Clerk and Pomfret Town Board received correspondence from the Town of Huntington for support the enactment of legislation regarding a voter’s identification process. The correspondence is on file with the Town Clerk.
  • The Town of Pomfret received notice a Public Hearing was held by the Village of Fredonia on June 13, 2023 at 5:30P.M. for the installation a digital read sign at 38-40 Temple St.
  • The Town of Pomfret received notice a Public Hearing will be held by the Town of Dunkirk on June 20, 2023 at 6:00P.M. for the adoption of a local law which would regulate Transient and Short-Term Rentals.
  • A motion made by Councilman Christy to approve the participation in the amount of $500.00, as budgeted, to the City of Dunkirk for their Fourth of July Celebrations. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the participation in an amount not to exceed $500.00, to the Lafayette Trail Organization, based on the request of Pomfret Historian, Todd Langworthy. The motion was seconded Councilman Christy and carried unanimously.
  • The Town of Pomfret Board members have been invited to the Chaut. Home Rehabilitation & Improvement Corp. 8th Annual Golf Tournament.
  • Councilman Christy made a motion to approve the proposal from Ingalls Planning & Design for planning services to assist the Town with updating Chapter 300: Zoning within the Town’s Municipal Code, at a cost not to exceed $45,000.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos sent out an RFP for colored concrete or Astro turf for the center of the round-a-bout. There were no responses submitted to the town. Mr. Pacos will contact individual contractors, locally, to obtain quotes for this project.
  • Supervisor Pacos attended the ribbon cutting for a new local business, Maria’s Pizza and Tacos & More, as well as the unveiling of the Lafayette Marker in front of Darwin R. Barker Library.  

COUNCILMAN CHRISTY
-No Report

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman, Town Clerk Vento, and Deputy Clerk Bunge, all volunteered their time for the first Embrace Fredonia activity planting flowers from the White Inn to 64 on the Rocks downtown. She thanked DPW Superintendent, Scott Marsh, for their donation of mulch and watering of the flowers thru the summer months.
  • A motion made by Councilwoman Eckman, seconded by Councilman Christy to approve the following for the Pomfret Recreation Department Summer hires.
Madison Marsh   Playground Counselor 141 Gardner St.               $14.20
Matt Linder Playground Counselor  10 Ventura Circle    $14.20
Gabriella Domenico  Playground Counselor 53 Forest Place $14.20
Clayton Frazier Playground Counselor 25 Chestnut St.  $14.20
Owen Caserta  Playground Counselor   17 Maple Ave    $14.20
Rylee Crampton  Playground Counselor   30 Birchwood Dr.       $14.20
Andrew Dominski-Hunt   Playground Counselor  9618 Porter Rd. $14.20
Joe Askar   Playground Counselor   14 Beach Place       $14.20
Jared Casey     Playground Counselor    132 Lambert Ave   $14.20
Julia Lebaron      Playground Counselor  167 Temple St  $14.20
Maximus Sturniolo   Playground Counselor  59 Castile Dr.   $14.20
Abby Joy   Playground Counselor   187 Liberty St.       $14.20
James Hobbs      Lifeguard       233 E Main St. Unit 4 Apt.     $16.50 
Owen Ludwig     Lifeguard       30 Ryan Place             $16.50
Emma Patterson   Lifeguard    27 Hamlet St.              $16.50
Joella Bauza          Lifeguard      116 Chestnut St.          $16.50
Molly Greenough  Lifeguard   7849 Plank Rd., Cherry Creek  $16.50
Ashlynn Delcamp  Lifeguard   4576 Berry Rd.           $16.50
 
  • Councilwoman Eckman would like to advertise for residents to submit their ideas for a Town of Pomfret Logo Contest. Submissions may be submitted to Town Clerk, Allison Vento.
  • The Festivals Fredonia annual Italian Festival will be held Saturday, June 17 at the Fredonia Beaver Club from 11:00 A.M. to 8:00 P.M. All are welcome to attend.
  • Councilwoman Eckman attended the ribbon cutting ceremonies for Games of Heart and Sir Party’s A Lot.

COUNCILMAN SEDOTA
-No Report

COUNCILMAN SCHAEFFER
-Absent

TOWN ATTORNEY PASSAFARO
-No Report

DULY MOVED by Councilwoman Eckman adjourn the Regular Town Board Meeting at 7:29 P.M. The motion was seconded by Councilman Christy and carried unanimously.

Respectfully Submitted,        

Allison Vento, MMC/RMC
Town Clerk
 

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