September 11, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 11, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                          Supervisor Daniel Pacos
                Deputy Town Clerk Wendy Harrington
PRESENT:    Town Counsel Jeffrey Passafaro
                                               
                                                                                   
COUNCILPERSONS:     Adam Rak
                                       Ann Eckman
                                      John Sedota

ABSENT:   Highway Superintendent Jude Gardner
                  Christopher Schaeffer
                  Town Clerk Allison Vento

Supervisor Pacos requested a Moment of Silence in remembrance of the September 11 to open the Regular Town Board meeting.

DULY MOVED by Councilman Rak to accept the minutes of the August 14, 2024, Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #9 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.

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

General Fund Town Wide      $11,352.07
General Fund Part Town        $  7,508.68
Highway Fund Part Town       $30,120.41
Berry Water District               $       13.28
North End Water District        $  7,984.20
Lily Dale Water District         $  7,260.92
Lily Dale Sewer District         $     377.31
Capital Projects                       $55,510.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-9 of 2024 in the amount of $68,897.14 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote. 

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

TOWN CLERK REPORTS
  • Deputy Town Clerk Harrington provided to the Pomfret Board the August 2024 report of monies collected. A total of $15,051.00 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice Report for August 2024 is as follows:
                        Justice Dietzen Total Cases:   126
                        Total Fines & Surcharges:      $8,591.00
                        Cases dismissed:                     23       
  • Pomfret Town Justice Report for July 2024 is as follows:
Justice Cerrie Total Cases:     46
Total Fines & Surcharges:      $3,055.00
Cases Dismissed:                    7
  • The Historian Report for September 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for August is on file in the Clerk’s office.

AUDIENCE CONCERNS
  • Resident Robert Dando, 8637 Fredonia-Stockton Road, Fredonia, provided a report on behalf of the Planning and Zoning Board. He reported that the Planning and Zoning Board met on August 26th, September 3rd and September 9th to review and discuss recommendations with respect to the draft Zoning Code.  Mr. Dando reported that the board is in the process of finalizing their recommendations and will present them to the Town Board in the near future.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July work report was shared with the board.
  • A motion was made by Councilman Sedota to authorize Highway Superintendent Gardner to purchase a new Zero Turn lawn mower in the amount of $5,250.  The motion was seconded by Councilman Rak and carried unanimously.
  • The Board acknowledged that Town Highway employee, Loren Laurito, received his Class C Water License which allows him to chlorinate water.
  • A motion made by Supervisor Pacos was made to appointment Allison Vento as Highway Clerk, effective February 9, 2024; with no second, the matter is not considered.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to accept the resignation of Angela Joy, Court Clerk, effective August 25, 2024. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made the motion to appoint Christine Decker as Pomfret Court Clerk at the rate of $19.50 per hour effective August 28, 2024. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made the motion to amend the Organizational Meeting minutes to reflect Heidi Sobecki’s rate of pay as $20.00 per hour effective August 28, 2024.  The motion was seconded by Councilman Rak and carried.
  • Councilman Sedota made the motion to award the bid for the Pioneer Cemetery wall restoration to N. Mathews Enterprises, Inc. in the amount of $190,285.12 in accordance with the bid. Motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made the motion to approve increasing the rate of pay for weekend burials for Highway Employees to $300 per burial.  Motion was seconded by Councilman Rak and carried unanimously.
  • A decision on the implementation of streetlights on Martha’s Vineyard was tabled to the October 9, 2024 meeting pending receipt of pricing details for the project.  
  • Councilwoman Eckman made the motion to have the Town of Pomfret participate in the Pro-Housing Communities Program.  The motion was seconded by Councilman Rak and carried unanimously.  Supervisor Pacos will work with  Town Assessor Jeanne Ebersole on the project.
 
  • Councilwoman Eckman made the motion to schedule the following 2025 Budget Workshops of the Pomfret Town Board at 5:30 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia; seconded by Councilman Sedota and carried unanimously:
    • October 1, 2024 5:00 p.m. Special Meeting for Presentation of the Budget by Town Clerk
    • October 16, 2024, 5:30 p.m.
    • October 22, 2024, 5:30 p.m.
    • October 24, 2024, 5:30 p.m.
    • October 29, 2024, 5:30 p.m.  
  • Councilman Sedota made the motion to approve moving the October 9 Regular Town Board meeting to the Lily Dale Fire Department Hall. Motion seconded by Councilman Rak and carried unanimously.  
  • Councilman Sedota made the motion to schedule a Public Hearing for the Lily Dale Fire Contract on October 9, 2024, at 6:15 p.m. at the Lily Dale Fire Department Hall.  Motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Sedota made the motion to accept the amended VanBuren rural development project from Municipal Solutions as presented.  Motion seconded by Councilman Rak and carried unanimously.

COUNCILMAN RAK
  • Councilman Rak stated that he would like to see the Town of Pomfret and the Village of Fredonia work together with respect to the 2025 Fredonia Farm Festival.   The Board concurred. Councilwoman Eckman will work with the Village in planning the 2025 Farm Festival.  

COUNCILWOMAN ECKMAN
  • Village of Fredonia Trunk or Treat 2024 event will be held on October 26, 2024, at Russell Joy Park.  The Village invited the Town to participate in the event.
  • Councilwoman Eckman reported that she toured Forest Hill and Pioneer cemeteries with the tree specialist group.  She noted that several trees have been deemed dangerous and will be the first to be removed.  
  • Supervisor Pacos noted that review of the fire contract renewal with the Village of Fredonia should be scheduled in the near future.  Supervisor Pacos and Councilwoman Eckman will review.

COUNCILMAN SEDOTA
No report at this time.

TOWN ATTORNEY PASSAFARO
No report at this time.

DULY MOVED by Councilman Rak to adjourn the Regular Town Board Meeting at 7:06 p.m. seconded by Councilwoman Eckman and carried unanimously.  

Respectfully Submitted,
Wendy Harrington
Deputy Town Clerk


 

August 14, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. August 14, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:   
Supervisor Daniel Pacos
Town Clerk Allison Vento
  Town Counsel Jeffrey Passafaro
                                               
                                                                                   
COUNCILPERSONS:  Christopher Schaeffer
                                     Adam Rak
                                    Ann Eckman
                                               

ABSENT:   Highway Superintendent Jude Gardner
                             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 July 10, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #8 of 2024 with one addition; Voucher #51326 to Suit-Kote Corp for $132,840.36. The motion was seconded by Councilman Rak and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Sedota-Absent
Councilwoman Eckman-AYE

General Fund Town Wide      $108,694.19
General Fund Part Town        $4,985.38
Highway Fund Part Town       $178,958.57
Berry Water District               $10,036.53
Chestnut Water District          $2,200.12
North End Water District        $78,962.79
Lily Dale Water District         $11,880.74
VB Water District                   $1,210.00
Rt. 20 Water District               $64.96
Rt. 20 Sewer District              $56.34
Rt. 60 Water District               $501.35
Rt. 60 Sewer District              $453.17
Lakeview Sewer District        $105.71
Lily Dale Sewer District         $11,961.24
Sewer District #1                    $1,555.16
Sewer District #2                    $1,046.42
Capital Projects                       $35,848.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-8 of 2024 in the amount of $223,713.28 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 Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-Absent

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the July2024 report of monies collected. A total of $12,652.40 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice Report for June 2024 is as follows:
Justice Michael Cerrie Total Cases:   72
Total Fines & Surcharges:                  4,577.00
Cases dismissed:                                 8
  • Pomfret Town Justice Report for July 2024 is as follows:
                  Justice Dietzen Total Cases:   145
                Total Fines & Surcharges:      $9,145.00
                        Cases dismissed:                     23       
  • The Historian Report for July 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for July is on file in the Clerk’s office.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July work report was shared with the board.
  • A motion made by Councilman Schaeffer to authorize Highway Superintendent Gardner to request a speed limit from the NYS DOT on Lowell Road. The motion was seconded by Councilwoman Eckman and carried unanimously.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to accept the resignation of Caryn Tresler, Pomfret employee, with regret, effective August 9, 2024. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made a motion to accept the resignation of Robert Siragusa seasonal cemetery employee, effective August 1, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to close Pomfret Town Hall on Friday, August 23, 2024 at 12:00P.M. due to the set up for the Fredonia Farm Festival. The motion was seconded by Councilman Rak and carried unanimously.
  • Supervisor Pacos made a motion, seconded by Councilman Schaeffer to amend the water and sewer rates due to the contractual agreement with the Village of Fredonia, effective July 1, 2024, the rates are as follows:
Water: $65.00 Minimum Charge for up to 5,000 gallons, $8.55 per 1,000 gallons after
Sewer: $60.00 Minimum Charge for up to 5,000 gallons, $8.55 per 1,000 gallons after
  • Councilman Rak made a motion to approve the request from Festivals Fredonia for the use of Forest Hill Cemetery and Chapel for the Harvest Moon Cemetery Tours October 19-20, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously with Councilwoman Eckman abstaining.
  • Supervisor Pacos made a motion to authorize the execution of a three year contract with Cummins for the Planned Maintenance Agreement at a price not to exceed $3,188.52. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The proposed contract with Government Frameworks was put on hold due to budget concerns in 2025. The board has agreed to try and work it in to provide this valuable service to the Town of Pomfret employees and residents.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to execute the decommissioning plan for the Schofield Solar Project located at 5208 W. Main Rd., Fredonia with the conditions of confirming if they are escrowing or using surety bond, in addition to 125% contingency. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Pomfret Town Board has received an application for a Special Use Permit for Pomfret III, PV located at 4825 Webster Road, Fredonia for a 1.4MW AC ground-mounted Community Solar photovoltaic system.
  • Councilman Rak made a motion to approve the following resolution, seconded by Councilman Schaeffer and carried unanimously.
An application for a Solar Special Use Permit having been received by the Town and directed to the Town Board under Local Law for a solar generation facility to be located at 4825 Webster Road in the Town of Pomfret, and the property further identified as SBL 146.00-2-3, and
            WHEREAS, the applicant, Pomfret III PV, LLC seeks a permit to construct a solar facility with a name plate capacity of 1.4 MWAC on said premises, with a coupling to a National Grid Three-Phase distribution circuit on Farel Road, and
            WHEREAS, the Town Board of the Town of Pomfret is the permitting Board under the Local Law for Solar Facilities Regulation, NOW THEREFORE, it is,
            RESOLVED that the Town Board of the Town of Pomfret does hereby declare itself to be lead agent under the State Environmental Quality Review Act, to review all matters relating to SEQR arising out of said Solar Special Use Permit application.           
 
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the proposed solar project located at 4825 Webster Road, Pomfret III, PV for Wednesday, September 11, 2024 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. the motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Pomfret Board did not receive the recommendation from Clark Patterson Lee on the bids for the Pioneer Cemetery wall restoration. They will put on the agenda for the September meeting to award a bid.
  • The pedestrian bridge in Russel Joy Park was researched and determined both the Town and the Village own the park. Since being owned jointly, how to protect the homeowner from liability, since portion of the bridge is on private property, will have to be approved by both boards.
  • The board had a discussion on short term rentals. Currently there is no language addressing short-term rentals. Should the board want to add this to their zoning code, Andy Martin, Ingalls Planning and Design recommends tight definitions and be clear and concise on what is allowed and not allowed. The board is in favor of not adding any language at this time, as it has not been an issue within the town. Should the board want to address at another time, they can amend the zoning law to include short-term rentals.
  • Highway Superintendent Gardner spoke with National Grid about the implementation of streetlights on Martha’s Vineyard. National Grid was going to conduct a survey on placement and quantity of lights and report back. Town Attorney Passafaro and Town Clerk Vento will research if a lighting district needs to be put in place.
  • The Porter Road culvert replacement is finishing the design phase and will be ready to go to bid in the Spring of 2025 with construction in the Summer of 2025.
  • Councilwoman Eckman has agreed to research the pro-housing initiative and how it would benefit the town. She will report back to the board in September.
  • The Town of Pomfret received a letter of support from Village of Fredonia Mayor, Mike Ferguson, for the playground upgrades.
  • The USDA grant applications for Berry and Chestnut Road Water Districts have been submitted.
  • Supervisor Pacos attended a joint meeting with local officials at Chautauqua County on shared services with neighboring municipalities.
  • Supervisor Pacos passed around the Bear Lake Association newsletter.
  • Councilwoman Eckman attended a joint meeting with Clark Patterson Lee, Labella Associates, and Village of Fredonia on a potential partnership with water.

COUNCILMAN RAK
  • Councilman Rak attended the joint workshop with the Planning and Zoning Boards. He stated there are issues with the master use list. The boards will be holding another workshop meeting on August 26, 2024.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman will be meeting with the tree specialist group on August 15th at 1:00P.M. to do a walk thru of the cemeteries.
  • Festivals Fredonia will hold their annual Red, White, and Blues Fest on September 6-7, 2024.
  • Councilwoman Eckman will be reaching out to Warren Kelly, Code Enforcement Officer, on an update on all the solar projects and their current status.

COUNCILMAN SEDOTA
-Absent


COUNCILMAN SCHAEFFER
  • Councilman Schaeffer discussed holding our October meeting in Lily Dale. Town Clerk Vento will reach out to the assembly and Lily Dale Fire Department to schedule.

TOWN ATTORNEY PASSAFARO
  • All easements for the Van Buren Water District upgrades have been completed. Attorney Passafaro will be filing them with the County Clerk’s Office, to which the certificates can be signed and project go out to bid.

DULY MOVED by Supervisor Pacos to exit the Regular Town Board Meeting and enter Executive Session for the purpose of discussing Pomfret Highway Personnel. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:44P.M.

Recorded by Councilwoman Eckman:

DULY MOVED by Councilman Schaeffer to close the Executive Session and return to the Regular Town Board meeting. The motion was seconded by Councilwoman Eckman and carried unanimously. Time: 8:08P.M.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 8:08P.M., seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk


 

July 10, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 10, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                                Supervisor Daniel Pacos
                                                Town Clerk Allison Vento
PRESENT:                              Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner
                                                                                   
COUNCILPERSONS:           Christopher Schaeffer
                                                Adam Rak
                                                Ann Eckman
                                                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 June 12, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $17,716.69
General Fund Part Town        $18,168.76
Highway Fund Part Town       $187,907.11
Berry Water District               $68.10
Chestnut Water District          $45.00
North End Water District        $113.72
Lily Dale Water District         $5,790.15
Lily Dale Sewer District         $345.35
Capital Projects                       $16,081.00
Pomfret Fire Protection          $59,909.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-7 of 2024 in the amount of $106,044.14 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the June 2024 report of monies collected. A total of $24,064.00 was collected. The report is on file with the Clerk’s Office.
  • Town Clerk Vento has received the Certificate of Satisfaction from Chautauqua County for the 2024 Town/County Tax year.
  • Pomfret Town Justice Report for June 2024 is as follows:
                        Justice Dietzen Total Cases:   103
                        Total Fines & Surcharges:      $7,972.00
                        Cases dismissed:                     26       
  • The Historian Report for June 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for June is on file in the Clerk’s office.
AUDIENCE CONCERNS
  • Andy Martin, Ingalls Planning and Design, was present to discuss the updates to the Pomfret Zoning Code. There were a lot of great ideas and conversations had at the public meeting held at the Fredonia High School in May. The zoning changes include adding Multi Use Corridor sections to aim at flexibility without restricting commercial businesses in rural areas with site and design review in the Rural Design Standards. With the changes discussed, Mr. Martin will update the document, send back to the board for their final approval and move forward with sending to Chautauqua County, and scheduling a public hearing.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The June work report was shared with the board.
  • The salt barn has been completed. The next steps are to install the fuel tanks which will begin after the department catches up on mowing.
  • Hahn and Walden Road have been paved.
  • Oil and stoning will begin the week of July 12th.
  • The Village of Fredonia notified Mr. Gardner about a pedestrian bridge in Russel Joy Park. A recent sale showed the bridge is on private property. The new owner is concerned with liability issues. After discussion, Town Attorney, Jeff Passafaro, will confirm who owns the park and report back to the board.
  • Councilwoman Eckman made a motion to authorize Highway Superintendent to declare surplus the items listed below and dispose of at the best interest of the town. The motion was seconded by Councilman Rak and carried unanimously.
Husqvarna Chainsaws:
1). 272 24” Bar
2). 137 16” Bar
3). 36 16” Bar

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to appoint Jim Joy at $18.25 per hour as interim Cemetery Sexton, as needed. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to appoint Owen Rush, to the Pomfret/Fredonia Recreation Department as a seasonal hire at minimum wage. The motion was seconded by Councilman Rak and carried unanimously.
  • The board has tabled the Government Frameworks contract until next meeting. The board did not have a chance to review the contract sent prior.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to execute an updated contract with Municipal Solutions for all projects within the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize the spending of $500.00, as budgeted, for civic celebrations to the City of Dunkirk for the Fourth of July Annual Fireworks display. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Sedota made a motion to approve the following resolution regarding lateral restrictions for the North End Water District Phase 2 and Phase 3. The motion was seconded by Councilwoman Eckman and carried unanimously.
The Town of Pomfret imposes the following conditions, on the management of water/sewer lines located along the North End Water District Phase 2 and Phase 3 within an agricultural district showing the boundaries of the agricultural district in relation to the parcels indicated:
(1)The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the date of filing of the Notice of Intent by the municipality. 
Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, special permit) is needed to move forward with project plans and the governing body has approved the action.  If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a “subdivision,” in part, as “any tract of land which is divided into five or more parcels.”  Water and/or sewer service will not be provided to more than a total of four residences, buildings and/or structures on any tract of land which has been divided into parcels after the date of filing of the NOI by the municipality, where no local approval is required and the land is located within a county adopted, State certified agricultural district.
(2)        If a significant hardship can be shown by an existing resident, the lateral restriction to the resident’s property may be removed by the municipality upon approval by the Department.  It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service.  The municipality shall develop a hardship application to be filed with the municipality, approved by the County Department of Health, and agreed to by the Department of Agriculture and Markets.
(3)        If it can be demonstrated to the Department’s satisfaction that the landowner requested the county to remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, lateral restrictions may be removed by the municipality if the Department determines that the removal of the restriction for the subject parcel(s) would not have an unreasonably adverse effect on the agricultural district.
(4)        If land is removed from a county adopted, State certified agricultural district and the district has been reviewed by the county legislative body and certified by the Commissioner for modification, lateral restrictions imposed by the municipality are no longer in effect for the parcels of land that have been removed from the agricultural district.
 
  • Councilman Sedota made a motion to adopt the Chautauqua County Multi-Jurisdictional  Hazard Mitigation Plan Resolution. The motion was seconded by Councilman Rak and carried unanimously.
A RESOLUTION OF THE TOWN OF POMFRET ADOPTING THE CHAUTAUQUA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN, DATED JUNE 7, 2024
WHEREAS the Town of Pomfret recognizes the threat that natural hazards pose to people and property within Town of Pomfret; and
WHEREAS the Town of Pomfret has prepared a multi-hazard mitigation plan, hereby known as the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, in accordance with the Disaster Mitigation Act of 2000; and 
WHEREAS the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the Town of Pomfret from the impacts of future hazards and disasters; and
WHEREAS adoption by the Pomfret Town Board demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024. 
NOW THEREFORE, BE IT RESOLVED BY THE Town of Pomfret, N.Y., THAT:
Section 1. In accordance with (local rule for adopting resolutions), the Pomfret Town Board adopts the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024. This plan, approved by the community, may be edited or amended after submission for review, but will not require the community to re-adopt any further iterations. This only applies to this specific plan and does not absolve the community from updating the plan in five years.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement with Schofield Solar, LLC for the solar farm located at 5208 W. Main Rd., Fredonia. The motion was seconded by Councilman Rak and carried unanimously.
  • The Village of Fredonia and City of Dunkirk have looked at adopting the Pro Housing initiative. Supervisor Pacos has asked Jeanne, Town Assessor, to review and what it would mean for the Town of Pomfret.
  • The Town of Pomfret has received another grant for Phase 3 of the North End Water District from USDA RD in an amount of $1,860,000.00 in addition to the 38 year loan with an interest rate of 2.75%.
  • Clark Patterson Lee has submitted playground proposals based on discussions with the committee. The committee has sent the proposals back asking for certain things to be included as discussed. The proposals will be brought back to the board once edited.
  • Supervisor Pacos sent a letter of support for grant opportunities for Agri America for a new boiler to help process their grapes more efficiently.
  • Supervisor Pacos clarified a statement from a recent Village of Fredonia Board meeting: The Town of Portland and the Village of Brocton did not leave the North County Water District, they ended their agreement with Chadwick Bay Waterworks, which handles the billing and maintenance of the North County Water District.
  • The Building Southern Tier magazine showcased the White Inn on their cover of the most recent issue along with a positive article about the upgrades happening to the historical site within the Village of Fredonia.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to execute the contract with Northern Chautauqua Community Foundation for the tree survey within Forest Hill Cemetery and Pioneer Cemetery. The motion was seconded by Councilman Rak and carried unanimously.
  • Three bids were received for the Pioneer Cemetery wall re construction. Clark Patterson Lee will bring their recommendation to the board at the August meeting. Supervisor Pacos will ask Mr. Weis to scan and send the bids to the board prior to the next meeting.

COUNCILMAN RAK
  • Councilman Rak attended the ribbon cutting ceremony for 21 Brix with Councilwoman Eckman and Supervisor Pacos.
COUNCILWOMAN ECKMAN
-No report

COUNCILMAN SEDOTA
-No report

COUNCILMAN SCHAEFFER
  • The Darwin R. Barker Library recently was updated on funds available being held by the Northern Chautauqua Community Foundation.
TOWN ATTORNEY PASSAFARO
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Sedota and carried unanimously.
Town Board of the Town of Pomfret
Resolution Regarding Settlement of Article 7 Tax Case, Fredonia Development Co., LLC

WHEREAS, the Fredonia Development Co., LLC brought an Article 7 Tax certiorari case against the Town of Pomfret concerning its property at 50 Howard Street, also known as SBL: 130.07-1-43, seeking a reduction of its assessed valuation, and
WHEREAS, the Town of Pomfret and its Assessor appeared in this matter and contested, and
WHEREAS, the matter was assigned to the State Supreme Court, Erie County, where the parties participated in multiple court conferences, and
WHEREAS, the parties have reached a settlement of all matters arising from this litigation, and
WHEREAS, the Town Assessor and Attorney have recommended the settlement to the Town Board,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby approve the settlement reached in this litigation and further approves that the assessed valuation be compromised at Five Hundred, Forty-Five Thousand ($545,000.00) Dollars prospective, for the tax years 2024-2028 under Section 727 of Real Property Tax Law, said settlement be without refunds, and it is further
RESOLVED, that the Town Attorney and Assessor are authorized to execute any and all settlement agreements and consents.

DULY MOVED by Councilman Sedota to exit the Regular Town Board Meeting and enter Executive Session for the purpose of discussing real estate for a new Town Hall with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:00 P.M.

DULY MOVED by Councilwoman Eckman to close the Executive Session and return to the Regular Town Board meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:14P.M.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 8:14 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk


 

June 12, 2024 Regular Town Board Meeting Minutes


REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. June 12, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

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

COUNCILPERSONS:       John Sedota
                                          Adam Rak, arrived at 7:11 P.M.
                                        Ann Eckman

ABSENT:                       Christopher Schaeffer
                                      Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the May 08, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Sedota carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #6 of 2024. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Councilman Rak-Absent
Councilman Schaeffer-Absent
Councilman Sedota-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE

General Fund Town Wide      $37,827.67
General Fund Part Town        $10,508.86
Highway Fund Part Town       $12,633.86
Berry Water District               $131.72
Chestnut Water District          $45.00
North End Water District        $108.56
Lily Dale Water District         $13,632.33
Lily Dale Sewer District         $6,986.24
Capital Projects                       $144,135.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-6 of 2024 in the amount of $ 107,992.08 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 Schaeffer-Absent
Councilman Rak-Absent
Councilwoman Eckman-AYE
Councilman Sedota-AYE

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the April 2024 report of monies collected. A total of $10,855.00 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for May 2024 is as follows:
Justice Cerrie Total Cases:     78       
Total Fine & Surcharges:       $4,677.00
Cases dismissed:                     20
           
            Pomfret Town Justice Report for May 2024 is as follows:
                        Justice Dietzen Total Cases:   125
                        Total Fines & Surcharges:      $8,520.00
                        Cases dismissed:                     23
  • The Historian Report for May 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for May is on file in the Clerk’s office.
  • The Pomfret Offices and Buildings will be closed on Wednesday, June 19, 2024, in observance of the Juneteenth Holiday and Thursday, July 4, 2024 in observance of the Fourth Holiday.
  • The Town Clerk’s Office will be closing July 3rd and 5th, 2024.
  • A presentation from Government Frameworks about streamlining our forms on our website was heard.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The May work report was shared with the board.
  • Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to apply for reduction of speed on Fredonia Stockton Road near the BOCES school. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to appoint Pat Volvo, Forestville, N.Y. to the seasonal cemetery crew at full time at minimum wage. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Deputy Superintendent O’Brien has asked the board to consider placing signs at the Kelly Hill, Bacheller Hill, and Town Line Cemeteries. The board asked that quotes be obtained and report back at the next meeting.

SUPERVISOR PACOS
  • A motion was made by Councilman Sedota to authorize the following resolution in regards to the Porter Road Culvert Replacement Project. The motion was seconded by Councilwoman Eckman and carried unanimously.
Authorizing the implementation and funding of 100% of the costs of a transportation project, of which qualified costs may be reimbursed from Bridge NY Funds.
WHEREAS, a project for the NYS Bridge NY Culvert Local Project, P.I.N. 5765.15 (the ‘Project’) is eligible for reimbursement of qualified costs from Bridge NY Funding that calls for the post-reimbursement apportionment of the qualified costs to be borne at the ration of 100% Bridge NY funds and 0% non-Bridge NY funds; and
WHEREAS, the Town of Pomfret will design, let, and administer all phases of the Project and
WHEREAS, the Town of Pomfret desires to advance the project by making a commitment of 100% of the costs of culvert work for the Project or portions thereof, and now
THEREFORE, the Pomfret Board, duly convened does hereby
RESOLVE, that the Pomfret Board hereby authorizes the Town of Pomfret to pay 100% of the cost of culvert work for the Project or portions thereof, with the understanding that qualified costs will be reimbursed from Bridge NY funding; and it is further
RESOLVED, that the sum of $969,253.00 is hereby appropriated from the Highway Fund, unreserved fund balance and made available to cover the cost of participation in above phase of the Project; and it is further
RESOLVED, that the Pomfret Board hereby agrees that the Town of Pomfret shall be responsible for all costs of the Project, including costs which exceed the amount of reimbursement available from the NY Bridge Funding awarded to the Town of Pomfret; and it is further
REOLVED, that in the event the costs of the Project exceed the amount appropriated above, the Town of Pomfret shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Board thereof, and it is further
RESOLVED, that the Pomfret Board hereby agrees that the Town of Pomfret hereby commits that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further
RESOLVED, that the Supervisor of the Town of Pomfret be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests with NYSDOT for the State Aid and/or Bridge NY funding on behalf of the Town of Pomfret in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s funding of the Project costs, and it is further
RESOLVED, that the Town of Pomfret will be responsible for all maintenance of the Project; and it is further
RESOLVED, that a certified copy of this resolution be filed with the NYS Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further
RESOLVED, this resolution shall take effect immediately.
  • A motion made by Councilman Rak to approve the following resolution in regards to the Rt. 60 Lateral Water Line. The motion was seconded by Councilman Sedota and carried unanimously.
WHEREAS, the Town Board of the Town of Pomfret has been notified that Fredonia Pomfret Partners, LLC, a Delaware Limited Liability company, having its principal place of business at 67 Mountain Blvd., Suite 201, Warren, new Jersey 07059 is the Owner of certain property commonly known as 3732 Lakeview Road in the Town of Pomfret, also known as SBL 114.00-3-73.5 on the tax map, and
WHEREAS, said Owner is in the process of constructing a warehouse on the premises and has applied for a water service from the Town of Pomfret North End Water District, which application has been approved by the Town of Pomfret, and
WHEREAS, the water main is on the west side of New York State Route 60 and the premises to be served are on the east side of New York State Route 60, a DOT Permit is required to run a sleeve with four (4) inch line west to east and
WHEREAS, Owner has made the application with the NYS DOT for the construction of said sleeve and four inch water line, and
WHEREAS, Owner intends to construct and place the water lateral under NYS Rt. 60, running west to east, at Owner’s expense and then intends to turn over the constructed sleeve and water line under Rt. 60 to the Town/District, and
WHEREAS, The Town of Pomfret is willing to accept the completed, constructed, water line lateral as a District/Town improvement upon satisfactory completion and inspection, and
WHEREAS, the Owner is willing to offer said completed, constructed, water line lateral to the Town as Town/District improvement to be part of the North End Water District and the responsibility thereafter of said District, and
WHEREAS, the Owner agrees to convey to the Town/District, an easement running north and south, parallel to the NYS Rt. 60 right-of-way, for the purposes of the Town/District installing a water main line and service to potential water users to the north and to the south of Owner’s property.
NOW, THEREFORE BE IT RESOLVED,
That the Town of Pomfret and its North End Water District shall accept the Route 60 water line lateral running under NYS Rt. 60 from west to east to be constructed by Fredonia Pomfret Partners, LLC, and that after completion of construction and a satisfactory inspection of the completed improvements by the Town/District, the water lateral running under NYS Rt. 60 shall become the property of and responsibility of the Town of Pomfret and its North End Water District, and it is further
RESOLVED, that the Fredonia Pomfret Partners, LLC will convey to the Town/District an easement along its property line adjacent to the east side of NYS Rt. 60 right-of-way for the purposes of running water lines north and south of the Owners premises, and it is further
RESOLVED that the Supervisor of the Town of Pomfret is authorized to execute a letter to the NYS Department of Transportation, to become part of the Owner’s application for NYS DOT approval for the construction of said water line lateral, which letter will affirm the Town/District position that, in accordance with the resolution, it will accept as a District improvement the Rt. 60 water line lateral to be constructed, upon completion of construction and satisfactory inspection by the Town.
  • Councilwoman Eckman made a motion to appoint the following for the Pomfret/Fredonia Recreation Department. The motion was seconded by Councilman Rak and carried unanimously.
Lifeguards
Name      Rate of Pay                            Name              Rate of Pay
James Hobbs  $17.50 per hour        Joella Bauza    $17.50 per hour
Molly Greenough $17.50 per hour  Emma Patterson $17.50 per hour      
Max Corrente  $17.50 per hour  Owen Ludwig    $17.50 per hour
Ashlynn Delcam $17.50 per hour

Playground Attendants
Name      Rate of Pay                            Name              Rate of Pay
Andrew Daminski-Hunt   $Min. Wage   Rylee Beers     $Min. Wage
Andrew Cowan                $Min. Wage    Jay Hawk        $Min. Wage
Owen Caserta                 $Min. Wage    Miriam Labarr $Min. Wage
Jayden Yerico                 $Min. Wage    Abigail Lauer  $Min. Wage
Victoria Miller            $Min. Wage        William Rose  $Min. Wage
Michael Hahn            $Min. Wage       Sarah Davis     $Min. Wage
  • A new local business, Royal Fern Nursery, will be applying for a Small Business Community Grant with the Chautauqua County IDA. Supervisor Pacos and Town Clerk Vento attended a meeting with the county regarding the steps for this application. Because the business is within the Town, the Town must be the applicant for the grant. Supervisor Pacos will keep the board apprised of developments as they move through the process.
  • The Pioneer Cemetery Wall bid was re posted. The bid opening will be held on July 2, 2024.
  • Supervisor Pacos received an update on the town’s Zoning Code from Ingalls Planning and Design. Supervisor Pacos will share this with the board via email and ask that all board members look at it prior to our next meeting. Andy Martin, Ingalls Planning & Design will be at the July meeting to discuss the changes.
  • There are three ribbon cutting ceremonies being held.
Thursday, June 13- Lake Erie Medical at 268 W. Main Street
Saturday, June 15-Sacred Grounds Coffee Shop, Lily Dale
Saturday, June 15- 21 Brix

COUNCILMAN RAK
  • Councilman Rak spoke with the Lily Dale Wastewater Treatment Plant Operator, John Bell, about the upgrades needed. Supervisor Pacos said he will speak with Eric Weis, Clark Patterson Lee, to start the engineering and grant processes.

COUNCILWOMAN ECKMAN
  • Festivals Fredonia will be holding their annual Italian Festival on Saturday, June 22, 2024 at the Fredonia Beaver Club. The festival will begin be from 11:00A.M. to 6:00P.M. with first time appearance from Italian Dancers from Erie, PA.

COUNCILMAN SEDOTA
  • Councilman Sedota attended the ribbon cutting ceremony for the Royal Fern Nursery. He stated it was very well attended.

COUNCILMAN SCHAEFFER
-Absent


TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro reported he is working with the Northern Chautauqua County Community Foundation on the tree survey and moving the project forward.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 7:29P.M., seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk


 

May 08, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. May 8, 2024, 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
                                                Adam Rak
                                                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 April 10, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the April 17, 2024 Public Hearing Minutes-Berry Road Water District Upgrades. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the April 17, 2024 Public Hearing Minutes-Chestnut Road Water District Upgrades. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the April 17, 2024 Special Meeting Minutes of the Pomfret Town Board. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #5 of 2024. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.


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

General Fund Town Wide      $15,751.80
General Fund Part Town        $17,379.66
Highway Fund Part Town       $12,141.62
Berry Water District               $313.00
Chestnut Water District          $290.00
North End Water District        $354.67
Lily Dale Water District         $4,222.91
Lily Dale Sewer District         $3,419.00
Capital Projects                       $106,100.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-5 of 2024 in the amount of $126,639.75 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Rak and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE

DULY MOVED BY Councilwoman Eckman to approve the following 2024 Budget modifications. The motion was seconded by Councilman Rak and carried unanimously.
GENERAL FUND OUTSIDE VILLAGE
Budget Modification
Modify 2024 adopted budget by increasing expenditure line B7140.4 Playgrounds & Recreation Contractual by $10,000 and by increasing appropriated fund balance by $10,000.

HIGHWAY FUND OUTSIDE VILLAGE
Budget Modification
Modify 2024 adopted budget by Increasing Revenue Account DB3501 CHIPS Funding by $250,187 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $250, 187
Adjust for actual 2024 funding allocations of CHIPS, Pave NY, Extreme Winter Recover, and POP Programs
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the April 2024 report of monies collected. A total of $11,395.80 was collected. The report is on file with the Clerk’s Office.
  • For the 2024 Tax Collection year, a total of $
  • Pomfret Town Justice report for April 2024 is as follows:
Justice Cerrie Total Cases:     93       
Total Fine & Surcharges:       $6,686
Cases dismissed:                     17
           
            Pomfret Town Justice Report for April 2024 is as follows:
                        Justice Dietzen Total Cases:   85
                        Total Fines & Surcharges:      $6,530.00
                        Cases dismissed:                     10
  • The Historian Report for April 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for March is on file in the Clerk’s office.
  • The Pomfret Offices and Buildings will be closed on Monday, May 27, 2024 in observance of Memorial Day Holiday.

AUDIENCE CONCERNS
  • Charles Civiletto asked the board if anything had been discussed regarding the pedestrian cross walks on Brigham Road. The Board replied they have not been in any discussions and believes this would be a state matter as it’s a state road.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The April work report was shared with the board.
  • Councilman Sedota made a motion to authorize the seasonal hire for the cemetery, Bo Huggins, 4741 Berry Rd., Fredonia at minimum wage, not to exceed 35 hours per week. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • National Grid will be removing dead trees in Forest Hill Cemetery, at no cost to the Town on May 21, 2024. This will save the town approximately $10,000.00.

  • Councilman Schaeffer made a motion to authorize Superintendent Gardner to declare the following items surplus and to use Auctions International to sell at the reserve price or better. The motion was seconded by Councilman Sedota and carried unanimously.
-Zero Turn John Deere X590
-York Rake
  • Superintendent Gardner informed the board he will be purchasing a Hustler Raptor x42’ zero turn mower from Larry Romance and Son inc. off Sourcewell bid # 031121-the at a cost not to exceed $4,147.00.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Rak and carried unanimously.
WHEREAS the Town of Pomfret Town Board supports the submission of a New York State Water Infrastructure Improvement Act (WIIA) grant application on behalf of the Town for a water system improvement project, hereinafter referred to as the ‘Project”; and
WHEREAS the New York State Environmental Facilities Corporation (EFC) administers grants to assist municipalities in funding water infrastructure projects that improve water quality and protect public health;
and
WHEREAS an Engineering Report entitled “Town of Pomfret Berry Road Water District,” dated March 2024, recommends implementing the Project to help improve water quality and protect public health;
And
NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Municipal Solutions, Inc. to prepare an application for Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC), and
BE IT FUTHER RESOLVED that the Town Board authorizes Supervisor Daniel Pacos to execute the application frow Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC),
And
BE IT FURTHER RESOLVED that the Town of Pomfret Board fully supports the Project and the submission of the WIIA grant application by Municipal Solutions Inc. on behalf of the Town to improve water quality and protect public health.
  • Councilman Rak made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS the Town of Pomfret Town Board supports the submission of a New York State Water Infrastructure Improvement Act (WIIA) grant application on behalf of the Town for a water system improvement project, hereinafter referred to as the ‘Project”; and
WHEREAS the New York State Environmental Facilities Corporation (EFC) administers grants to assist municipalities in funding water infrastructure projects that improve water quality and protect public health;
and
WHEREAS an Engineering Report entitled “Town of Pomfret Chestnut Road Water District,” dated March 2024, recommends implementing the Project to help improve water quality and protect public health;
And
NOW, THEREFORE BE IT RESOLVED, that the Town Board authorizes Municipal Solutions, Inc. to prepare an application for Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC), and
BE IT FUTHER RESOLVED that the Town Board authorizes Supervisor Daniel Pacos to execute the application frow Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC),
And
BE IT FURTHER RESOLVED that the Town of Pomfret Board fully supports the Project and the submission of the WIIA grant application by Municipal Solutions Inc. on behalf of the Town to improve water quality and protect public health.
  • A motion made by Councilman Schaeffer to approve May, June, August, and September as “Annual Firemen’s Fund Drive Month’s. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Porter Road Culvert Replacement Project Agreement and Resolution with the NYS DOT has been tabled until next month. At the advice of Town Attorney, Jeffrey Passafaro, he recommends the town know the source of money before committing, as the Town has to pay for the replacement, then be reimbursed by grant received.
  • A motion made by Councilman Sedota to authorize Supervisor Pacos to enter into an agreement reaffirming Hodson Russ LLP as Bond Counsel to the Town of Pomfret pursuant to the terms set forth in the engagement letter, as presented. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Andy Martin, Ingalls Planning and Design will be hosting a community event at the Fredonia High School Cafeteria on Thursday, May 9, 2024, for the purpose of discussing and gathering information on zoning changes within the town. This will take place from 6:00P.M. to 7:30P.M. This is not a formal presentation.
  • Southern Tier West will be holding their Annual Day Conference at Houghton College, June 6, 2024.
  • Supervisor Pacos met with representatives from Governor Hochul’s office to discuss projects happening in the town and also Brooks Hospital. Supervisor Pacos followed this in person meeting with a letter and will be meeting with them again.
  • The Annual Financial Report for 2023 was filed and is with the Town Clerk for inspection during business hours.
  • Supervisor Pacos thanked BOCES for their volunteers in cleaning up the Laona Playground.
  • Supervisor Pacos will be attending the Annual Fireman’s Banquet Saturday, May 11, 2024 at SUNY Fredonia.
  • There will be a ribbon cutting ceremony for VIP ERA Real Estate on May 21, 2024 at 2:00P.M. at 60 W. Main St., Fredonia.

COUNCILMAN RAK
  • Councilman Rak attended the Ben Kravitz Arbor Day celebration. This was well attended and Mr. Kravtiz donated over 1,000 trees to be planted in our community.
  • Councilman Rak is a member of the Farm Land Protection Board and at their meeting it was discussed how the Phase 2 of the North End Water District would affect agriculture farms and their water sources. After a discussion, the board stated the agriculture water use clause has been removed. Should two services be needed, one for residential, one for farm use, a back flow preventer would need to be installed to help eliminate cross contamination.

COUNCILWOMAN ECKMAN
  • Northern Chautauqua Community Foundations is moving forward with an agreement with “Love of Trees” group to come survey the trees in the Town of Pomfret and Forest Hill Cemetery.
  • The Fredonia Opera House has suspended their Summer Cinema Series due to low attendance.
  • Councilwoman Eckman spoke with representatives from our Grape Belt Seniors. All is going well, and activities are well attended.

COUNCILMAN SEDOTA
  • Councilman Sedota attended the Workers Memorial Celebration. It was a great turn out and the weather cooperated.
  • The fire contract with the Village of Fredonia will be due to be renewed at the end of this year. Supervisor Pacos and Mr. Sedota will look at the formula and set up a meeting with the Village to discuss.
COUNCILMAN SCHAEFFER
-No report

TOWN ATTORNEY PASSAFARO
-No Report
 
DULY MOVED by Councilman Sedota to exit the Regular Town Board Meeting to enter into Executive Session for the purpose of legal issues with the Route 60 Water lateral line, with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:09P.M.

DULY MOVED by Councilwoman Eckman to close the Executive Session at 7:25 P.M., seconded by Councilman Sedota and reenter the Regular Town Board Meeting.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:26 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk

 

April 17, 2024 Public Hearing Minutes- Berry Road


PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 17, 2024 at 6:00 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 Adam Rak
                        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 Berry Road Water District improvements. The improvements include replacement of approximately 9,100 lineal feet of existing water main, with a new eight (8) inch PVC water main, gate valves, and hydrants. The estimated cost of the replacement line is $2,260,000.00.
Eric Wies, Engineer with Clark Patterson Lee, addressed the audience and Town Board explaining the costs and history of the Berry Road Water District. The current water line was installed in 1959. Berry Road is an Ad Valorem district, meaning the cost is based on real property tax value. The goal is to attain a grant for 60% of the cost, leaving the remaining cost to the residents benefiting from the district to an estimated cost of $432.00 per year on the annual town tax bill. This cost is over the span of a 38 year loan at an estimated 3% interest rate. The award of any grants will be announced by the end of 2024, with a goal of completion of all work in the district to be completed by December of 2025.
Supervisor Pacos commented that the current water meters in the homes will now be located in meter pits at the right of way and will be cellular reads. The cost of the meters are included in the total project cost. The home owner will be responsible for their water line from their house to the main. It was encouraged by Mr. Wies that if that line is old, property owners may want to consider replacing it prior to the construction being beginning. 
Audience Comments:
  • Joan Larson asked if there will be instructions given to homeowners on the work to be done. Mr. Wies stated yes, information will be shared as the project moves a long by both the Town and Clark Patterson Lee.
  • Becky Siragusa asked where the meter pits will be located. Mr. Wies stated that will be up to the homeowner. The engineers will give each property a stake for them to place where they want their pit to be on their property.
  • Scott Richir asked how far on Berry the new water line will go. The water line will cross the thruway, but will stop at the railroad. The water source will be from Brocton’s line on Route 5. He also inquired about if there will be disruption to service to which Mr. Wies stated the only disruption will be when the homes are tied into the new water main.
  • Andrew Benchley asked if the grant funding will be submitted for both projects together or separately. The projects will be submitted with their own applications for their own funding to help with the cost of the project.

With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Sedota , to close the Public Hearing at 6:25 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Pomfret Town Clerk



 

April 17, 2024 Public Hearing Minutes- Chestnut Road


PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 17, 2024 at 6:26 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 Adam Rak
                        Councilman Chris Schaeffer

Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding the Chestnut Road Water District
Eric Wies, Engineer with Clark Patterson Lee, addressed the audience and Town Board stating the Chestnut water line is 50 years old, being installed in 1973. The replacement line will be an eight (8) inch PVC of approximately 3,300 linear feet. This line will also have new gate valves, hydrants, meter pits and meters. The estimated cost is $960,000.00. This is an Ad Valorem district, where the cost is based on the real property tax value. The Town is looking to apply for grants which would cover 60% of the cost, leaving $576,000.00 to the residents benefiting from the water district. The estimated cost is $280.37 per property on the annual town tax bill. The rest of the money will be a loan from USRD, at a 3% interest rate. The deadline to apply for the grant is June 14, 2024. A question from the audience involved if the interest rate can be increased during the duration of the loan. Mr. Wies stated that once the interest rate is locked in, it cannot be increased, only decreased. If at the completion of the project, the interest rate is lower, they will go with the lower rate for the length of the loan. The time line is to submit the grant application by June 14, 2024, receive word if warded by end of 2024, with work completed by December of 2025. If the town does not receive a grant, the town will re apply the following year.
Audience Comments:
  • Anthony Kolo asked if the water source will be the Village of Fredonia or the North County Water District. The water will be supplied by the North County Water District, which buys it’s water from the City of Dunkirk. He additionally asked if the line on Chestnut will be a dead end line, like it currently is. Mr. Pacos responded he has spoken to officials with the Town of Dunkirk in exploring the idea of looping their lines together so there would be no dead end. Mr. Pacos is hopeful for this possibility. He inquired on what side of the road the water main will be on, to which Mr. Wies stated that is something to be determined.
  • Sarah Michalak asked if Chestnut Road will become a part of the North End Water District, to which the reply was no. They are currently in their own water district and for legal purposes will remain so. In the future, the Town will look into combining all their districts to see if it is cost effective and feasible.  She asked if once the new water main is in, where the water will be supplied from. The water will no longer be supplied by the Village of Fredonia but the North County Water District.
  • Todd Eggleston asked how many properties are supplied in the Chestnut Road Water District. There are 35 water services. The board is not combining the grant applications because there is more chance of receiving grant money if each district has their own application.
  • Rosanne Cole asked if the first two grants received for the North End Water District Phase 2 and 3 were awarded because those residents currently do not have any water service and if this has any merit on if they will receive a grant due to an existing water service. Mr. Wies stated he is confident they have enough justification to receive a grant for their water district.
  • Michael Barris distributed a letter to the board with his concerns, to which he stated they had been addressed during the Public Hearing.  The letter is attached for reference.

With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Sedota, to close the Public Hearing at 6:51 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Pomfret Town Clerk

 

April 17, 2024 Special Meeting of Town Board Minutes


SPECIAL MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 17, 2024 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
                                                Adam Rak
                                                Christopher Schaeffer
                                                Ann Eckman

The Pledge of Allegiance was recited prior to the start of the Public Hearing begining at 6:00P.M.

The purpose of this Special Meeting of the Pomfret Town Board is to act on the Berry and Chestnut Road Water District upgrades and any other lawful business before the Town Board.
 
  • A motion made by Councilman Schaeffer to approve the following resolution for the Berry Road Water District SEQR Determination, seconded by Councilman Sedota and approved unanimously.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York has heretofore caused a map, plan and report of proposed improvements in the Berry Road Water District in said Town, to be prepared by CPL Engineers, retained by the Town for said purpose; and
            WHEREAS, the Town Board under Section 202-b of the Town Law is authorized to undertake an improvement or increase in the facilities in the Water District; and
            WHEREAS, in this instance the proposed improvement is the replacement of approximately Nine Thousand, One Hundred (9,100) lineal feet of existing water  main with new Eight (8) inch PVC water main, gate, valves, and hydrants, all of which will replace the existing, functional lines in said Water District; and
            WHEREAS, the Town Board of the Town of Pomfret is the lead agent under SEQR for this improvement project; and 
            WHEREAS, the recommendation of CPL Engineers, licensed in the State of New York, retained by the Town of Pomfret for this project, is that such qualifies as a replacement project as defined in 6NYCRR, Section 617 of the SEQR Regulations.
            NOW, THEREFORE BE IT RESOLVED, that upon review of the SEQR Regulations and the proposed improvement project in the Berry Road Water District, it is hereby determined that the action proposed in said application constitutes a Type II Action as defined under the SEQR Regulations, 6NYCRR, Section 617 and following, and does not require an Environmental Impact Statement or any other determination, or procedure, and be it further
            RESOLVED that the Supervisor of the Town of Pomfret is hereby authorized to execute a declaration to that effect.
 
  • A motion made by Councilman Sedota to approve the following resolution for the Chestnut Road Water District SEQR Determination, seconded by Councilwoman Eckman and approved unanimously.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York has heretofore caused a map, plan and report of proposed improvements in the Chestnut Road Water District in said Town, to be prepared by CPL Engineers, retained by the Town for said purpose; and
            WHEREAS, the Town Board under Section 202-b of the Town Law is authorized to undertake an improvement or increase in the facilities in the Water District; and
            WHEREAS, in this instance the proposed improvement is the replacement of approximately Three Thousand, Three Hundred (3,300) lineal feet of existing water  main with new Eight (8) inch PVC water main, gate, valves, and hydrants, all of which will replace the existing, functional lines in said Water District; and
            WHEREAS, the Town Board of the Town of Pomfret is the lead agent under SEQR for this improvement project; and 
            WHEREAS, the recommendation of CPL Engineers, licensed in the State of New York, retained by the Town of Pomfret for this project, is that such qualifies as a replacement project as defined in 6NYCRR, Section 617 of the SEQR Regulations.
            NOW, THEREFORE, be it RESOLVED that upon review of the SEQR Regulations and the proposed improvement project in the Chestnut Road Water District, it is hereby determined that the action proposed in said application constitutes a Type II Action as defined under the SEQR Regulations, 6NYCRR, Section 617 and following, and does not require an Environmental Impact Statement or any other determination, or procedure, and be it further
            RESOLVED that the Supervisor of the Town of Pomfret is hereby authorized to execute a declaration to that effect.
 
  • A motion made by Councilwoman Eckman to approve the following resolution of Order after Public Hearing authorizing increase and improvement of facilities of the Berry Road Water District. The motion was seconded by Councilman Rak and carried unanimously.
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 Berry Road Water District 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 and Order calling a public hearing thereon, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of New York, describing in general terms the proposed improvements, being the installation and replacement of approximately Nine Thousand, One Hundred (9,100) lineal feet of existing water main, estimated age 69 years, with new eight (8 ) inch PVC water main, gate valves, and hydrants,  and including land or rights in land, furnishings, equipment, machinery, and apparatus required therefore: and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated  March, 2024, and have estimated the maximum cost thereof to be expended, Two Million, Two Hundred Sixty Thousand ($2,260,000.00) Dollars, and stating that the Town Board would meet to hear all persons interested in the subject matter thereof on April 17, 2024 at 6:00 p.m. at the Town Hall, 9 Day Street, Fredonia, New York; and
            WHEREAS, a Public Hearing was held at the time and place aforesaid, in the same manner described, at which time all persons interested in the subject matter, were given an opportunity to be heard,
            NOW THEREFORE, upon the evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
            1.  The Notice of the Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory;
            2.  The construction of the improvements herein described is in the public interest;
            3.  Prior to soliciting competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further
            ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed Two Million, Two Hundred Sixty Thousand ($2,260,000.00) Dollars, the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities; and it is further
            ORDERED that the expense of said increase and improvement of facilities shall be assessed, levied, and collected from the several lands or parcels of land within the District, so much upon and from each as assessed for this ad valorem district; and it is further
            ORDERED that the Town Board, in the name of the District, may accept any financing proposal of loans and/or grants made to it by the State of New York, or any agency thereof, and the Federal government, or any agency thereof , and may issue its serial bonds, to finance all or part of the improvements, and any amounts received from grants of federal and state funds, shall be applied to the cost of said increase and improvement of facilities, or toward redemption of any bonds issued therefore, or budgeted as an offset to assessments for payment of the principal and interest thereon; 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.
 
  • A motion made by Councilman Rak to approve the following resolution of Order after Public Hearing authorizing increase and improvements of facilities of the Chestnut Road Water District. The motion was seconded by Councilman Schaeffer and carried unanimously.
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 Chestnut Road Water District 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 and Order calling a public hearing thereon, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of New York, describing in general terms the proposed improvements, consisting of the replacement of approximately 3,300 lineal feet of existing water main, estimated age 50 years, with new eight (8) inch PVC water main, gate valves, and hydrants, new meter pits and meters, and including 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 March 2024, and have estimated the maximum cost thereof to be expended, Nine Hundred, Sixty Thousand ($960,000.00) Dollars; and stating that the Town Board would meet to hear all persons interested in the subject matter thereof on April 17, 2024, at 6:15 p.m. at the Town Hall, 9 Day Street, Fredonia, New York; and
WHEREAS, a Public Hearing was held at the time and place aforesaid, in the same manner described, at which time all persons interested in the subject matter, were given an opportunity to be heard,
NOW THEREFORE, upon the evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
            1.  The Notice of the Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory;
            2.  The construction of the improvements herein described is in the public interest;
            3.  Prior to soliciting competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further
            ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed the maximum cost thereof to be expended, Nine Hundred, Sixty Thousand ($960,000.00) Dollars, the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities; and it is further
            ORDERED that the expense of said increase and improvement of facilities shall be assessed, levied, and collected from the several lands or parcels of land within the District, so much upon and from each as assessed for this ad valorem district; and it is further
            ORDERED that the Town Board, in the name of the District, may accept any financing proposal of loans and/or grants made to it by the State of New York, or any agency thereof, and the Federal government, or any agency thereof , and may issue its serial bonds, and may issue its serial bonds, to finance all or part of the improvements, and any amounts received from grants of federal and state funds, shall be applied to the cost of said increase and improvement of facilities, or toward redemption of any bonds issued therefore, or budgeted as an offset to assessments for payment of the principal and interest thereon; 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.
 
  • A motion made by Councilman Schaeffer to approve the following resolution, seconded by Councilman Sedota and carried by a roll call vote.
ROLL CALL:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
A BOND RESOLUTION, dated APRIL 17, 2024, OF THE TOWN Board of the town OF POMFRET, CHAUTAUQUA County, New York (the “town”), AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT (2024) WITHIN THE BERRY ROAD WATER DISTRICT AT AN ESTIMATED MAXIMUM cost OF $2,260,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,260,000 of the town, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, said 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.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York (the “Town”), has established the Berry Road Water District (the “District”); and
WHEREAS, the Town Board has determined, by resolution, to undertake a certain water system capital improvements project within the District; and
WHEREAS, the Town Board has determined to proceed with such project; and
WHEREAS, the Town Board took the following actions with respect to such project: (a) received maps and plans for such project, (b) held a public hearing with respect to such project, (c) determined that such project would not have a significant adverse effect on the environment under Article 8 of the Environmental Conservation Law, (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 that will generally consist of (but not be limited to), the replacement of approximately 9,100 linear feet of water main, gate valves, and hydrants, and including land or rights in land, furnishings, equipment, machinery and apparatus, 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 (collectively, the “Project”).  The estimated maximum cost of the Project is $2,260,000.
SECTION 2.   The Town Board plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $2,260,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received.  Unless paid from other sources or charges, the cost of such improvement is to be paid by the issuance of serial bonds and by the assessment, levy and collection from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges to pay the principal of and interest on said bonds as the same shall become due and payable, except as otherwise 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 cost of the Project shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges 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 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 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.
 
  • A motion made by Councilman Sedota, seconded by Councilwoman Eckman to approve the following resolution by roll call vote.
ROLL CALL:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
A BOND RESOLUTION, dated April 17, 2024, OF THE TOWN Board of the town OF Pomfret, CHAUTAUQUA County, New York (the “town”), AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT (2024) WITHIN THE CHESTNUT ROAD WATER DISTRICT AT AN ESTIMATED MAXIMUM cost OF $960,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $960,000 of the town, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, said 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.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York (the “Town”), has established the Chestnut Road Water District (the “District”); and
WHEREAS, the Town Board has determined, by resolution, to undertake a certain water system capital improvements project within the District; and
WHEREAS, the Town Board has determined to proceed with such project; and
WHEREAS, the Town Board took the following actions with respect to such project: (a) received maps and plans for such project, (b) held a public hearing with respect to such project, (c) determined that such project would not have a significant adverse effect on the environment under Article 8 of the Environmental Conservation Law, (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 that will generally consist of (but not be limited to), the replacement of approximately 3,300 linear feet of water main along various roads in the Town, along with the installation of gate valves, hydrants, new meter pits and meters, 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 (collectively, the “Project”).  The estimated maximum cost of the Project is $960,000.
SECTION 2.   The Town Board plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $960,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county, and/or local funds received.  Unless paid from other sources or charges, the cost of such improvement is to be paid by the issuance of serial bonds and by the assessment, levy and collection from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges to pay the principal of and interest on said bonds as the same shall become due and payable, except as otherwise 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 cost of the Project shall be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District for such purpose in the same manner and at the same time as other Town charges 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 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 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.
 
  • Eric Weis of Clark Patterson Lee presented to the board a memo in regard to the bids submitted for the Pioneer Cemetery wall. After a discussion with the board, a motion made by Councilman Schaeffer, seconded by Councilman Sedota to reject all bids submitted. The motion
 
  • A motion made by Supervisor Pacos to approve the following Lateral Restriction Resolution as presented. The motion was seconded by Councilman Rak and carried unanimously.
The Town of Pomfret imposes the following conditions, on the management of water/sewer lines located along the North End Water District within an agricultural district, maps of which are attached to this resolution showing the boundaries of the agricultural district in relation to the parcels indicated:
(1)        The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the date of filing of the Notice of Intent by the municipality. 
Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, special permit) is needed to move forward with project plans and the governing body has approved the action.  If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a “subdivision,” in part, as “any tract of land which is divided into five or more parcels.”  Water and/or sewer service will not be provided to more than a total of four residences, buildings and/or structures on any tract of land which has been divided into parcels after the date of filing of the NOI by the municipality, where no local approval is required and the land is located within a county adopted, State certified agricultural district.
(2)        If a significant hardship can be shown by an existing resident, the lateral restriction to the resident’s property may be removed by the municipality upon approval by the Department.  It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service.  The municipality shall develop a hardship application to be filed with the municipality, approved by the County Department of Health, and agreed to by the Department of Agriculture and Markets.
(3)        If it can be demonstrated to the Department’s satisfaction that the landowner requested the county to remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, lateral restrictions may be removed by the municipality if the Department determines that the removal of the restriction for the subject parcel(s) would not have an unreasonably adverse effect on the agricultural district.
(4)        If land is removed from a county adopted, State certified agricultural district and the district has been reviewed by the county legislative body and certified by the Commissioner for modification, lateral restrictions imposed by the municipality are no longer in effect for the parcels of land that have been removed from the agricultural district.

 
  • A motion made by Councilwoman Eckman to approve the following resolution designating May 5-11, 2024 as the 55th Annual Professional Municipal Clerks Week. The motion as seconded by Councilman Rak and carried unanimously.
Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and
Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants, and
Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and
Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.
Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community.
Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations.
Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.
Now, Therefore, I, Dan Pacos, Supervisor of the Town of Pomfret, do
recognize the week of April 30 through May 6, 2023, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Allison Vento and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
 
  • A motion made by Councilman Sedota to authorize Highway Superintendent, Jude Gardner, to purchase two 2024 Leaf Blowers, Model LB18120DEN at a cost not to exceed $3,831.94 from Schutts Saw & Mower Service, Inc from Sourcewell bid #123658. The motion was seconded by Councilman Rak and carried unanimously.
 
  • A motion made by Councilman Rak to amend the April 10, 2024 minutes to reflect a grant total of $341,000.00 with an additional $8,823.52 for items for the new highway truck. The motion was seconded by Councilman Schaeffer and carried unanimously.
 
  • A motion made by Councilman Schaeffer to approve the appointment of Kayla Sullivan as Pomfret/Fredonia Recreation Director at a rate of pay established in the 2024 Budget, effective April 17, 2024. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:14 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk
 

April 10, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. April 10, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                      Supervisor Daniel Pacos
                                      Deputy Town Clerk Wendy Harrington
PRESENT:                     Town Counsel Jeffrey Passafaro
                                      Highway Superintendent Jude Gardner
                                               

COUNCILPERSONS:           John Sedota
                                                Adam Rak
                                                Christopher Schaeffer
                                                Ann Eckman

ABSENT:                               Town Clerk Allison Vento

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 March 13, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.

DULY MOVED by Councilman Rak to approve the payment of bills on abstract #4 of 2024 with two additions for Synchronet. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Voucher #   Claimant          Amount                      Budget Code
50846          Synchronet                  $3,328.20                    A1355.4
50847         Synchronet                  $3,148.00                    A1355.4

Roll Call:
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
General Fund Town Wide      $24,857.14
General Fund Part Town        $5,148.59
Highway Fund Part Town       $14,636.58
Berry Water District               $7,872.32
Chestnut Water District          $1,345.74
North End Water District        $64,668.54
Lily Dale Water District         $4,235.41
Lakeview Sewer District        $115.87
Lily Dale Sewer District         $7,328.05
Rt.20 Water District                $55.74
Rt. 20 Sewer District              $59.25
Rt. 60 Water District               $356.87
Rt. 60 Sewer District              $443.72
Sewer District 1                      $1,323.15
Sewer District 2                      $1,083.08
Capital Projects                       $8,322.50

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-4 of 2024 in the amount of $265,561.32 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 Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the March 2024 report of monies collected. A total of $5,373.00 was collected. The report is on file with the Clerk’s Office.
  • The tax report for March (2% Penalty) is as follows:
  • Bills Processed: 239
Total Amount Collected: $622,512.31
  • Pomfret Town Justice report for February 2024 is as follows:
Justice Cerrie Total Cases:     100
Total Fine & Surcharges:       $7,642.00
Cases dismissed:                     20
            Pomfret Town Justice Report for March 2024 is as follows:
                        Justice Cerrie Total Cases:     87
                        Total Fines & Surcharges:      $6,111
                        Cases dismissed:                     15
            Pomfret Town Justice Report for March 2024 is as follows:
                        Justice Dietzen Total Cases:   107
                        Total Fines & Surcharges:      $7,178.00
                        Cases dismissed:                     16
  • The Historian Report for March 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for March is on file in the Clerk’s office.
AUDIENCE CONCERNS
  • Mark Twitchell addressed the board in regard to adopting a resolution on behalf of the Citizens Against Wind Turbines in Lake Erie.  
  • Motion made by Supervisor Pacos to approve the following resolution seconded by Councilwoman Eckman and carried with Councilman Schaeffer voting Nay.
Resolution Town Board, Town of Pomfret
In Opposition to the Lake Erie Wind Turbines
            WHEREAS, the Town is aware of efforts to place wind energy turbines in Lake Erie in the vicinity of the Town of Pomfret, and
WHEREAS,  the Town of Pomfret, in Chautauqua County, shares the Lake Erie coast line  with other towns and cities in Western New York, and
            WHEREAS, the push for such wind turbines is originating down state, and not from the local communities;  this despite two New York State studies that did not recommend wind turbines in Lake Erie, and
            WHEREAS, Lake Erie is a vital part of the way of life for the shoreline communities; Lake Erie contributes to the economy of the area through tourism; residents and visitors enjoy fishing, boating, wind surfing, and jet skiing in Lake Erie, and
            WHEREAS, Lake Erie is the source of drinking water for many communities along the Lake Shore, and
            WHEREAS, wind energy development in Lake Erie will adversely affect all of the uses mentioned above, and fish, birds, and wildlife, dependent on Lake Erie for habitat
            RESOLVED, that the Town of Pomfret, in Chautauqua County, joins with other Western New York communities in expressing its firm opposition to the placement of wind energy turbines in Lake Erie, and it is further
            RESOLVED, that a copy of this Resolution be sent to the Governor, Assembly, and Senate of the State of New York, and distributed to other shoreline communities in Western New York .

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The March work report was shared with the board.
  • Highway Superintendent Gardner reported the original authorized truck purchase is not available.  He found another truck from a USDA RD approved vendor that he would like to purchase.  
  • Councilman Schaeffer made the motion to authorize Highway Superintendent Gardner to purchase a 2025 MACK Granite 64FR truck from Conway Beam Truck Group not to exceed $332,176.48, seconded by Councilman Sedota and carried unanimously.  
  • Councilman Sedota made the motion to authorize Highway Superintendent Gardner to expend the $7,823.52 for additional items for the truck to meet the $340,000 USDA RD grant, seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Rak made the motion to approve the following Cemetery Seasonal Employee, motion was seconded by Councilwoman Eckman and carried unanimously.
    • Donovan Dowdy – 28 Cleveland Avenue, Fredonia  $15.00 per hour
  • Contacted National Grid regarding two LED lights for Martha’s Vineyard.  Waiting for pricing/details from National Grid. 

SUPERVISOR PACOS
  • Supervisor Pacos received correspondence from the NYS Town Clerks Association informing him that Town Clerk Vento has renewed her RMC (Registered Municipal Clerk) Designation.  The Board acknowledged Town Clerk Vento’s hard work and accomplishments.
  • Restoration of the Pioneer Cemetery Wall bid approval was tabled until the next meeting.  Eric to attend to present pictures of the project.
  • Fuel Easement – no action required not in our right of way.
  • Forest Hill Cemetery Request – Councilwoman Eckman will follow-up with request.  The Town Board agreed that visitation requests need to be in writing and no bus tours will be allowed in Forest Hill Cemetery.
  • The Town of Pomfret received notification from NYS DOT that the request for posting speed on Farel Road has been accepted. Signes will be posted for the new 45 mph on Farel Road within the Town of Pomfret.
  • Councilman Sedota made a motion to approve the appointment of Nicole Waite, 736 Washington Ave., Dunkirk, as Assessor Clerk and Planning and Zoning Clerk at a rate of pay of $16.20 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilwoman Eckman to approve the equipment request of Jeanne Ebersole, Assessor, for a Lenovo Thinbook 16’ Touchscreen Notebook, cables, HP 27’ Full HD LCD Monitor, and windows 10 Pro, at a cost not to exceed $3,148.00. The motion was seconded by Councilman Rak and carried unanimously.
  • The Town Board received an invitation from the Boys & Girls Club of N. Chautauqua County to attend their annual Gala on April 26, 2024, at Shorewood Country Club.
  • Supervisor Pacos reported that he attended the April 1st Ribbon Cutting for ‘Merge’, a new clothing shop in Fredonia.
  • The Town Board received an invitation to attend the Chautauqua County Workers’ Memorial on May 4, 2024, 11:00 a.m. at the Erlandson County Park in Frewsburg.
  • Acknowledged Fredonia Fire Department’s preparedness for the Solar Eclipse event.
COUNCILMAN RAK
  • Eric Wies, CPL Clark Patterson Lee met with John Bell, Operator, Lily Dale Wastewater Treatment Plant, to discuss the plans to move forward with upgrades. Grant money is available to help with upgrade costs.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman reported that she met with Northern Chautauqua Community Foundation and representatives with the Love of Trees to discuss a survey of Forest Hill to determine the health and future planning for removal/replanting of trees.  Cost for the project will be provided by the Forest Hill Endowment fund.  Timeline for completion is approximately six months.
COUNCILMAN SEDOTA
-Nothing to report at this time.

COUNCILMAN SCHAEFFER
-Nothing to report at this time.

TOWN ATTORNEY PASSAFARO
-Nothing to report at this time.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:12 P.M., seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,

Wendy Harrington
Deputy Town Clerk
 

March 13, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 13, 2024 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
                                                Adam Rak
                                                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  
February 14, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #3 of 2024 with one addition to the US Post Office in the amount of $500.00. The motion was seconded by Councilman Rak and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $29,777.02
General Fund Part Town        $5,419.86
Highway Fund Part Town       $21,271.07
Berry Water District               $68.25
Chestnut Water District          $45.00
North End Water District        $45.00
Lily Dale Water District         $4,685.36
Lily Dale Sewer District         $4,432.72
Capital Projects                       $53,180.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-3 of 2024 in the amount of $237,474.05 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
Councilman Rak-AYE
Councilwoman Eckman-AYE
 

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the February 2024 report of monies collected. A total of $3,610.00 was collected. The report is on file with the Clerk’s Office.
  • The tax report for February 7, 2024 (1% Penalty) is as follows:
  • Bills Processed: 313
Total Amount Collected: $505,542.49
 
  • Pomfret Town Justice report for February 2024 is as follows:
Justice Dietzen Total Cases:   124
Total Fine & Surcharges:       $10,244.00
Cases dismissed:                     14
  • The Historian Report for March 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Code Enforcement monthly report for February is on file in the Clerk’s office.
  • The Pomfret Town Hall and Buildings will be closed Monday, March 29, 2024 in observance of Good Friday.
  • Councilman Schaeffer made a motion to give permission to Clerk Vento to attend the NYS Town Clerks Association Annual Conference from April 21-24, 2024, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to give permission to Clerk Vento to attend the IIMC Annual Conference, May 19-22, 2024, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
  • A motion made by Councilwoman Eckman to close all Pomfret Buildings and Offices at 12:00P.M. noon on Monday, April 8, 2024, for the Solar Eclipse, with exception of the highway department being on call. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Sedota made a motion to appoint Wendy Harrington as First Deputy Town Clerk, at the recommendation of Clerk Vento at $18.25 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.

AUDIENCE CONCERNS
  • Bob Dando, Pomfret resident, invited the board to the Annual Worker’s Memorial being held in Frewsburg on May 4, 2024 at 11:00A.M.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The February work report was shared with the board and will be emailed after the meeting to the Town Board.
  • Southern Tier West has presented the board with the option to approve a resolution supporting the development of a Climate Change Adaptation and Resiliency Plan.
  • A motion made by Councilman Sedota, seconded by Councilman Schaeffer to table this resolution. The motion was carried unanimously.
  • Councilwoman Eckman made a motion to approve the following Cemetery Seasonal Employees, motion was seconded by Councilman Schaeffer and carried unanimously.
Edwin Kaus-396 Lakeshore Drive East, Dunkirk      $15.00 per hour
Bob Siragusa-175 Gardner St., Fredonia                    $15.00 per hour
Jim Lemanski-74 Risley St., Fredonia                       $15.00 per hour
Russel Conti-3622 Rt. 83, Fredonia                           $17.43 per hour
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to re affirm the engagement letter with Hodson Russ as Bond Counsel for the purchase of the Grader for the Highway Department. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made a motion to approve the following resolution, the motion was seconded by Councilman Schaeffer and carried unanimously.
A BOND RESOLUTION, DATED MARCH 13, 2024, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF A ROAD GRADER, AT AN ESTIMATED MAXIMUM COST OF $244,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $244,000 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 road grader, 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 $244,000.
            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 $244,000 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 $175,000.  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 such Purpose is 15 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 such bonds.
            SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution is expected to 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
and 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. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law.  The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.
            SECTION 17. If no petitions are filed in the permissive referendum period, 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.
  • Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase a in the amount not to exceed $315,000.00. The motion was seconded Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase a Caterpillar 120 GC AWD Grader from Milton Cat at a cost not to exceed $243,720.08. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Cemetery Sexton has inquired about the town bringing someone in, per diem, to help while the sexton has time off or is away. The board has agreed to allow Clerk Vento to put an email out to Chautauqua County Clerks if they know of anyone who would be interested. Highway Superintendent Gardner will report back to the board at the April meeting.
SUPERVISOR PACOS
  • The Town has received an easement from National Fuel on Webster Road. After discussion with the Highway Superintendent and Town Attorney, they will gather more specific details as the easement and map is unclear exactly where the easement is for. The board agreed to table this until the April meeting.
  • Councilwoman Eckman made a motion to accept the engineer proposal for the replacement of a culvert on Porter Road, within the Town of Pomfret, to Clark Patterson Lee at an amount not to exceed $288,000.00. The motion was seconded by Councilman Rak and carried unanimously.
  • Supervisor Pacos showed the board a sample of what the new zoning code will look like. This project is continuing to move forward. This sample will also be shared with the Planning and Zoning Boards for their suggestions.
  • A discussion was had on the future of the water supplier to the Town of Pomfret. Currently the Village of Fredonia is the supplier of water to Pomfret’s Water Districts, excluding Van Buren and Lily Dale. Representatives from the Chautauqua County Health Department, Natalie Whiteman and Jessica Wuerstle, were present to address any questions. Both women reiterated that the Village of Fredonia does not currently have the capacity to support the expansion of the North End Water District Phase 2 and Phase 3. The board further discussed the contract currently in place with the Village of Fredonia and the exiting clause, should the board decide to move away from the Village as supplier of water. Supervisor Pacos will discuss with Town Attorney Passafaro regarding this contract.
  • As previously stated in the last meeting, Supervisor Pacos and Councilman Rak toured the Lily Dale Wastewater Treatment Plant with operator, John Bell. The plant is in need of immediate repairs and future repairs. Eric Wies, Clark Patterson Lee, will be meeting Mr. Bell at the plant in Lily Dale on Thursday, March 14, 2024 at 2:00P.M. to further discuss the plans to move forward. Ideally Mr. Wies would like to see the upgrades be done in two phases, as there is grant money available to help with the cost.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for financial services for the Highway Grader at a cost not to exceed $1,000.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The board discussed the vacancy of the Planning and Zoning Clerk. Two individuals have applied. Councilwoman Eckman will advise on best times to interview both candidates.
  • Councilwoman Eckman made a motion to appoint Ashley Willebrandt, 4936 W. Main Rd., on recommendation of Planning Board Chair, James Joy, to the Pomfret Planning Board to fill a vacancy created by resignation of Janet Szymanski, with a term expiring 2027. The motion was seconded by Councilman Rak and carried unanimously.
  • The Planning Board has asked the board to appoint an alternative, as they have had issues having a quorum at their hearings. Councilwoman Eckman will speak with Chairman Joy to gather more information and report back to the board.
  • Councilwoman Eckman made a motion to accept the resignation, with regret, of Wendy Harrington, as an assessor clerk, effective February 29, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Zoning Enforcement Officer, David Penharlow, asked the board to consider zoning enhancements, including but not limited to, the process in which the ZEO has the authority to issue appearance tickets to those in violation. After review, Town Attorney stated that he does have the authority to do so within the current zoning law. The board can change the penalties, in which the board has tabled to compare the current zoning penalties. If the board chooses to change these, it will have to be done by local law.
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into an agreement with Clark Patterson Lee for the Engineering for Phase 3 of the North End Water District at a cost not to exceed $920,600.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to accept the Map, Plan, and Report for the Berry Road Water District Upgrades, submitted by Clark Patterson Lee. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilwoman Eckman made a motion to accept the Map, Plan, and Report for the Chestnut Road Water District Upgrades, submitted by Clark Patterson Lee. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilwoman Eckman made a motion to approve the following resolution to schedule a Public Hearing on April 17, 2024 at 6:00P.M. for the Berry Road Water District Upgrades at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Rak and carried unanimously.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, on behalf of  Berry Road Water District, in the Town, has requested CPL Engineers duly licensed in the State of New York, to prepare a preliminary map, plan, and report for the increase and improvement of facilities of the District consisting of the replacement of approximately 9,100 lineal feet of existing water main, estimated age 69 years, with new eight (8 ) inch PVC water main, gate valves, and hydrants,  and including land or rights in land, furnishings, equipment, machinery, and apparatus required therefore: and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated  March, 2024, and have estimated the maximum cost thereof to be expended, Two Million, Two Hundred Sixty Thousand ($2,260,000.00) Dollars, and
            WHEREAS,  the Berry Road Water District, has previously been established by the Town Board as an Ad Valorem District in said Town, and
            WHEREAS, said District is operational and providing water service through water mains currently, and
            WHEREAS, the Town Board has been advised that certain funding grants may be available for which the Town will apply, but as there can be no assurance of same, that the cost of the improvements will be bonded in an amount not to exceed Two Million, Two Hundred Sixty Thousand, (2,260,000.00) Dollars, and that the expenses thereof shall be assessed, levied, and collected on an Ad Valorem basis from the several lots and parcels of land within said Berry Road Water District.
            Now therefore, be it
            ORDERED that a Public Hearing at a meeting of the Town Board of the Town of Pomfret be held at the Town Hall, 9 Day Street, Fredonia, New York on the 17th day of April, 2024 at 6:00p.m. to consider said increase and improvement of facilities of the District, and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is further
            ORDERED that the Town Board will consider all matters relating to the State Environmental Quality Review Act (SEQR), and it is further
            ORDERED that the Town Clerk is hereby directed to post and publish, and mail notice of said Public Hearing as required by law.
  • Councilwoman Eckman made a motion to approve the following resolution to schedule a Public Hearing on April 17, 2024 at 6:15 P.M. for the Chestnut Road Water District Upgrades at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, on behalf of its Chestnut Road Water District in the Town, has requested CPL Engineers duly licensed in the State of New York, to prepare a preliminary map, plan, and report for the increase and improvement of facilities of the District consisting of the replacement of approximately 3,300 lineal feet of existing water main, estimated age 50 years, with new eight (8) inch PVC water main, gate valves, and hydrants, new meter pits and meters, and including 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 March 2024, and have estimated the maximum cost thereof to be expended, Nine Hundred, Sixty Thousand ($960,000.00) Dollars:
            WHEREAS, the Chestnut Road Water District, has previously been established by the Town Board as an Ad Valorem District in said Town, and
            WHEREAS, said District is operational and providing water service through water mains currently, and
            WHEREAS, the Town Board has been advised that certain funding grants may be available for which the Town will apply, but as there can be no assurance of same, that the cost of the improvements will be bonded in an amount not to exceed Nine Hundred, Sixty Thousand, ($960,000.00) Dollars, and that the expenses thereof shall be assessed, levied, and collected on an Ad Valorem basis from the several lots and parcels of land within said Chestnut Road Water District.
            NOW THEREFORE, be it
            ORDERED that a Public Hearing at a meeting of the Town Board of the Town of Pomfret be held at the Town Hall, 9 Day Street, Fredonia, New York on the 17th day of April, 2024 at 6:15 p.m. to consider said increase and improvement of facilities of the District, and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is further
            ORDERED that the Town Board will consider all matters relating to the State Environmental Quality Review Act (SEQR), and it is further
            ORDERED that the Town Clerk is hereby directed to post and publish, and mail notice of said Public Hearing as required by law.
  • Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for the purpose of the Berry and Chestnut Road Water District Upgrades and any other lawful business before the Town Board on Wednesday, April 17, 2024 at 6:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • A request submitted by Ivy Rivera, to use the Forest Hill Cemetery for Fall Tours has been tabled by the board until further specific details are provided. While the Town is not opposed and wants to share the beautiful cemetery with all, in order to officially approve the request, they want more details. Clerk Vento has been asked to relay this information to Ms. Rivera.
  • The Town Board has received several bids for the wall restoration located at the Pioneer Cemetery. Eric Wies, Clark Patterson Lee, stated he will speak with the two lowest bidders to further discuss the work and do their do diligence before making a recommendation to the Town Board. This has been tabled until the April meeting.
  • Councilman Schaeffer made a motion to approve the following water district water rates, due to the contractual agreement with the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
$60.00 Minimum for up to 5,000 gallons (unchanged)
$8.48 per 1,000 gallon after (increase of $2.30 from $6.18)
  • The North End Water District Phase 3 grant application, WIIA, has been submitted.

COUNCILMAN RAK
  • After the tour of the Lily Dale WWTP, John Bell, Operator, thought a larger issue has come to heard, but after investigation, Mr. Bell was able to correct himself.

COUNCILWOMAN ECKMAN
  • The Village of Fredonia has advertised the position of Recreational Director. While the Town has not received an official resignation, it is the understanding one will be needed.
  • The Easter Festival will be held March 23, 2024, starting with a pancake breakfast at the Methodist Church, downtown Fredonia, from 9:00A.M. An Easter Egg Hunt will follow in Barker Commons at 12:30P.M. All are welcome to attend.
 
  • Northern Chautauqua Community Foundation has partnered with a group interested in helping tree preservation in the Forest Hill Cemetery. Mrs. Eckman will be meeting with the group to gather more information and report back to the board.
COUNCILMAN SEDOTA
  • Mr. Sedota attended the recent solar meeting with the Fredonia Fire Department along with Supervisor Pacos and Councilwoman Eckman. Councilwoman Eckman praised the group for the organization for this historic event. There will be a community forum on the eclipse at the Fredonia Opera House on Wednesday, March 20, 2024 at 6:00P.M. All are welcome to attend.
COUNCILMAN SCHAEFFER
  • Councilman Schaeffer stated the Library and Museum will be merging in the futher.
  • The library has numerous classes for the public to attend. A new program allows individuals to use the library computers and subscription to Ancestry.com to do genealogical/family searches.
  • Mr. Schaeffer residents to sign up for the news from the Fredonia Opera House to be aware of upcoming events. The Opera House is very active and hold a lot great events.
TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 8:00 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk
 

February 14, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. February 14, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                              Deputy Supervisor Ann Eckman
                             Town Clerk Allison Vento
PRESENT:             Town Counsel Jeffrey Passafaro
                              Highway Superintendent Jude Gardner
                                               

COUNCILPERSONS:           John Sedota
                                             Adam Rak
                                             Christopher Schaeffer
                                               

ABESENT:                      Supervisor Daniel Pacos

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

DULY MOVED by Councilman Schaeffer to accept the minutes of the  
January 10, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Councilman Rak to approve the payment of bills on abstract #2 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE

General Fund Town Wide      $29,487.92
General Fund Part Town        $10,417.50
Highway Fund Part Town       $114,711.48
Berry Water District               $358.24
Chestnut Water District          $335.00
North End Water District        $413.72
Lily Dale Water District         $5,030.31
Lily Dale Sewer District         $905.97
Capital Projects                       $184,360.00
Pomfret Fire Protection          $339,487.00
Lily Dale Fire District            $32,228.00

DULY MOVED by Councilman Sedota to approve the payment of bills on abstract #2-2 of 2024 in the amount of $41,136.52 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE
 
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the January 2024 report of monies collected. A total of $8,378.50 was collected. The report is on file with the Clerk’s Office.
  • The tax report for January 8-February 6, 2024 (Penalty Free) is as follows:
Bills Processed: 5,286
Total Amount Collected: $7,305,835.65
 
  • Pomfret Town Justice report for December 2023 is as follows:
Justice Cerrie Total Cases: 47
                        Total Fine & Surcharges: 3,982.00
                        Cases dismissed:             8
  • Pomfret Town Justice report for January 2024 is as follows:
Justice Cerrie Total Cases:     42
                        Total Fine & Surcharges:       $3,289.00
                        Cases dismissed:                     4
  • Pomfret Town Justice report for January 2024 is as follows:
Justice Dietzen Total Cases:   125
Total Fine & Surcharges:       $8,642.00
Cases dismissed:                     26
  • The Historian Report for February 2024 has been distributed to the board and is on file in the Clerk’s office.
  • The Pomfret Town Hall Offices and Buildings will be closed Monday, February 19, 2024 in observance of President’s Day.

AUDIENCE CONCERNS
  • Sarah Swinko, STW, addressed the board regarding the board considering adopting a resolution for Climate Change Adaptation and Resiliency Plan. Sarah has been working with Highway Superintendent Gardner on ways to help with extreme weather. The Board will review the information given and discuss at the March meeting.
  • Adam Dimitri, Martha’s Vineyard Resident, addressed the board regarding two issues. Adam stated the neighborhood would like to be considered for moving their water supply to a supplier other than the Village of Fredonia. He stated the quality and reliability is of concern. He asked the board to explore other options for the Berry Road Water District while the board is moving forward with other water projects. Second, Adam addressed the lack of streetlights on Martha’s Vineyard Drive. He views this as a safety concern due to the number of families and town residents who use the road for walking, playing, and safety. The Town Attorney, Jeffrery Passafaro, stated he will work with Town Clerk Vento on how to proceed. Mr. Passafaro informed Mr. Dimitri this would be a cost to those on the street, not a town wide cost.
  • Davie Willey, Pomfret Resident, addressed the board stating he is in favor of moving the town’s water supplier away from the Village of Fredonia. While he maintains his water system, the quality, reliability, and pressure are of concern. He has offered his help and expertise in any way to the town.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board received the January 2024 work report, and it is on file with the Clerk’s Office.
  • Due to the mild winter weather, the Highway Department has been getting a head start on spring work.
  • The salt barn construction will resume in the spring.

DEPUTY SUPERVISOR ECKMAN
  • The board received the Pioneer Cemetery Geophysical Exploration Report from Terracon. This study was done to make sure no interred bodies would be near the restoration site of the cemetery wall located on East Main St. Terracon found no internments that would interfere with the work.
  • Clark Patterson Lee submitted their proposal for engineering services for the Porter Road culvert project. As there were two proposals submitted, the board has tabled this decision until the March Meeting to review the proposals to each other to make the best decision for the Town.
  • Councilman Schaeffer made a motion to amend the January 3, 2024 Organizational Meeting minutes to remove Dan Smith, Town Constable, and reflect the 2024 Constables as Tom Fisher, Patrick Ambrose, Douglas Bunge, and Jeffrey Nickerson. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made a motion to accept the Town Justice Court Audits, conducted by Supervisor Pacos, with no items to be noted for the year 2023. The motion was seconded by Councilman Sedota and carried unanimously.
  • Deputy Supervisor Eckman made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement for the solar project located at 9824 Rt. 60, Fredonia. The motion was seconded by Councilman Sedota, with Councilman Rak abstaining, the motion carried.
  • Councilman Sedota made a motion to appoint Wendy Harrington as a part time Assessor Clerk at a rate of pay of $16.20 per hour, effective February 5, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to accept the resignation of Teresa Bunge as Deputy Town Clerk, Deputy Tax Collector, and Planning/Zoning Clerk, effective February 9, 2024, with regret. The motion was seconded by Councilman Rak and carried unanimously.
  • Deputy Supervisor Eckman made a motion to appoint Wendy Harrington as Deputy Clerk/Tax Collector and Deputy Registrar at a rate of pay established in the 2024 Budget. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Deputy Supervisor Eckman made a motion to approve the loan resolution from  USDA RD Community Facilities Program for the purchase of a grader for the Highway Department, accepting a grant of $175,000.00 and loan of $69,000(3.750%-15 years). The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to contribute $500.00, as budgeted in the 2024 Town Budget, to Festivals Fredonia for the Easter, Italian, Red, White, and Blues, Harvest Moon Cemetery Tours, and Miracle on Main Street Festivals for 2024. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made a motion to contribute $175.00 to the Laona Easter Program, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board received a letter from Lily Dale Residents, Ken and Kelsey Urness, asking for some forgiveness on the water/sewer bill as they had an unknown leak in the rented apartment. A motion made by Councilman Schaeffer, seconded by Councilman Sedota, to deny any forgiveness on their water/sewer bill. The motion carried unanimously.
  • Deputy Supervisor made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for application for Water Infrastructure Improvement Grant for the Chestnut Road Water District at a cost not to exceed $2,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Deputy Supervisor made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for the application for a Water Infrastructure Improvement Grant for the Berry Road Water District at a cost not to exceed $2,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Rak made a motion to authorize Supervisor Pacos to enter into an agreement with Clark Patterson Lee for the Preliminary & Final Design for Phase 2 of the North End Water District at a cost not to exceed $705,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to accept the proposal submitted by Deuel Archaeology & CRM for the State Historic Preservation Office Phase IA Survey for the North End Water Phase 2 District at a cost not to exceed $5,995.00. The motion was seconded by Deputy Supervisor Eckman and carried unanimously.
  • The Town Board held a brief discussion regarding the water supplier for the upcoming Phase 2 and Phase 3 of the North End Water District. Natalie Whiteman and Jessica Weurstle were present from the Chautauqua County Health Department. Both representatives stated the Village of Fredonia does not have the capacity to supply the additional phases of the North End Water District and advised the town to seek an alternative source. The Town Board will have to make a decision within three months before going to bid. The discussion has been tabled for the March meeting, where Ms. Whiteman and Ms. Weurstle were invited back to answer any questions.
  • Supervisor Pacos, Councilman Rak, and John Bell, met at the Lily Dale Wastewater Treatment Plant to discuss the upgrades necessary for the plant and the distribution lines. Eric Weis, Clark Patterson Lee, stated he will be visiting the site to give their opinion on the status. This will be placed on the agenda for the March meeting for further discussion.
  • Councilman Schaeffer made a motion to authorize Deputy Supervisor Eckman to enter into an agreement with Hodson Russ as Bond Counsel Services to the Town pursuant to the terms set forth in the engagement letter, as presented. The motion was seconded by Councilman Rak and carried unanimously.
  • Deputy Supervisor Eckman made a motion to appoint Jonathan Townsend, 8852 Glasgow Rd., as the alternate to the Pomfret Zoning Board, at a rate of pay established in the 2024 Organizational Meeting minutes. The motion was seconded by Councilman Sedota and carried unanimously.
 
COUNCILMAN SEDOTA
  • Councilman Sedota stated the next Solar Eclipse Meeting will be held on February 27th at 10:00A.M. at the Fredonia Fire Department Hall. Deputy Supervisor Eckman stated she spoke with Mr. Meyers requesting zoom be available as they can’t make the meeting due to their professional employment. Councilman Sedota stated he will follow thru to make sure the meeting is accessible by zoom.

COUNCILMAN RAK
  • Councilman Rak visited the Lily Dale Wastewater Treatment Plant to discuss upgrades and also the town barns. He met with the department employees, toured the facility, and noted the department does a lot of impressive work in house to keep town costs down.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer met with the Barker Library board and stated the town is still seeking a place for a new Town Hall and will keep them apprised with the progress.

TOWN ATTORNEY PASSAFARO
  • Town Clerk Vento and Attorney Passafaro are working together on the Chapter 11 Bankruptcy filed by Rite Aid.
  • Mr. Passafaro asked the board to be conscious of the obligation to the town by adopting the Climate Change Adaptation and Resiliency Plan.      

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:38 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk
 

January 10, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 10, 2024 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
                                              Adam Rak
                                              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 Councilman Schaeffer to accept the minutes of the  
December 13, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Sedota, the motion carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the January 3, 2024 Organizational Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #13 of 2023. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $4,209.97
General Fund Part Town        $6,406.86
Highway Fund Part Town       $10,712.94
Berry Road Water District      $23.16
North End Water District        $88.75
Rt. 60 Water District               $238.55
Lily Dale Sewer District         $256.12
Capital Projects                       $2,495.00


DULY MOVED by Supervisor Pacos and seconded by Councilwoman Eckman to approve the payment of bills on abstract #2-13 of 2023 in the amount of $10,343.01 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 Rak-AYE
Councilwoman Eckman-AYE

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2024. 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 Rak-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $39,612.25
General Fund Part Town        $19,400.00
Highway Fund Part Town       $140,167.24
Berry Water District               $7,052.14
Chestnut Water District          $1,556.89
North End Water District        $41,625.15
Lily Dale Water District         $4,335.41
Rt. 20 Water District               $121.47
Rt. 20 Sewer District              $62.88
Rt. 60 Water District               $8,889.30
Rt. 60 Sewer District              $21,010.59
Lakeview Sewer                     $87.36
Sewer District #1                    $1,686.79
Sewer District #2                    $1,223.01
Lily Dale Sewer District         $155.03
Capital Projects                       $2,561.50

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-1 of 2024 in the amount of $5,670.01 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
Councilman Rak-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 2023. A total of $127,451.40. A copy of the report is on file with Town Clerk Vento.
  • Town Clerk Vento provided to the Pomfret Board the December 2023 report of monies collected. A total of $4,034.00 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for December 2023 is as follows:
Justice Dietzen Total Cases: 76
                        Total Fine & Surcharges: $4,494.00
                        Cases dismissed:            
  • The Annual Historian Report for the year 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 of all activity for the year of 2023. The report is on file with the Clerk’s Office.
  • The Pomfret Offices will be closed Monday, January 15, 2024 in observance of Martin Luther King Jr.
  • A motion made by Councilwoman Eckman to appoint Caryn Tresler as a second Deputy Clerk. The motion was seconded by Councilman Schaeffer and carried unanimously.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The Board received the December 2023 work report.
  • Councilman Schaeffer made a motion to approve the Agreement to Spend Highway Funds for the year 2024. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilman Rak made a motion to approve the purchase of a F250XL Crew Cab Truck at a cost not to exceed $53,680.00 from Fredonia Ford. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to declare a 2012 F-150, Vin#iftrx14w07fb08892 surplus and authorize the superintendent to place on Auctions International. The motion was seconded by Councilman Rak and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to request a speed change for Farel Road; US rt. 20 and Berry Rd., Webster Rd. and Us Rt. 20, Berry Rd. and Van Buren Rd., in the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman thanked the highway department for their hard work during the recent windstorm.

SUPERVISOR PACOS
  • The bids for the engineering of the culvert replacement on Porter Road have been tabled due to Clark Patterson Lee having yet to submit a monetary amount for the proposal.
  • Councilman Schaeffer made a motion to approve the decommissioning plan and bond for 10026 Farel Rd., Pomfret II PV, LLC solar project upon approval of Code Enforcement Officer, Warren Kelly. The motion was seconded by Councilman Rak and carried unanimously.
  • A motion made by Councilman Sedota to authorize Supervisor Pacos to enter into an agreement for the Intermunicipal Shared Assessor Amended Agreement, adding the Town of Portland. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Schaeffer to accept the resignation of Janet Szymanski, Planning Board Member, effective January 1, 2024 with regret. The motion was seconded by Councilman Rak and carried unanimously.
  • A motion made by Councilman Sedota to accept the proposal of Synchronet for email services for Town of Pomfret with a labor amount not to exceed $4,000.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilwoman Eckman to authorize Supervisor Pacos to enter into an agreement with Clark Patterson Lee for the preliminary engineering services related to the Chestnut and Berry Road Water Districts at a cost not to exceed $4,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • A motion made by Councilman Schaeffer to approve the residential water request fromm Autumn Howe at 9667 Rt. 60, Fredonia pending approval from the Fredonia Village Board. The motion was seconded by Councilman Rak and carried unanimously.
  • Supervisor Pacos attended a meeting via zoom with Ingalls Planning and Design on the update of the Zoning Code. Clerk Vento was asked to send all local laws pertaining to zoning changes to Ingalls, 2014 to present.
  • The Town of Pomfret is receiving a monetary amount of $25,259.33 for their shared services on the joint Comprehensive Plan with the Village of Fredonia and the shared assessor services.
  • The Town of Pomfret is looking into doing a shared service for a reval, as the Town of Pomfret is currently at 13%. Supervisor Pacos has spoken with Nate Aldrich and Rebecca Wurster from the county on this project for next year.
  • Supervisor Pacos has reached out to the Village of Fredonia to hold a joint meeting to discuss the future of water within our community. The town has multiple water projects moving forward and feels it is best for everyone to be on the same page. Dates will be emailed to everyone to find the most convenient time.
  • Supervisor Pacos had a meeting with the Fredonia Fire Chief and Fredonia Mayor to discuss the residnets who are still without power due to the windstorm on Tuesday, January 9th. The two municipalities have worked with SUNY Fredonia to open a warming station and a place to charge electronics at the Williams Center on the SUNY campus. The center will be open Thursday, January 11th from 12:00P.M. noon to 9:00P.M.
  • The Village of Fredonia has a new ‘Fredonia Office of Emergency Management’ page on Facebook. All are encouraged to join to have the most up to date information available when emergencies occur.

COUNCILMAN SEDOTA
-None

COUNCILMAN RAK
  • Councilman Rak will be introducing himself to the Pomfret Highway Department next week with a visit the barns.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer made a motion to amend the 2024 Organizational Meeting Minutes to reflect an increase Highway Superintendent Gardner’s stipend for Cemetery Maintenance Supervisor by $1,000.00 and Water District System Operator by $1,000.00. The motion was seconded by Councilman Sedota and carried unanimously.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman said the Grape Belt Seniors are doing really well with high attendance and enjoy having a place to be together.
  • The next Festival Fredonia event will be during Easter.

TOWN ATTORNEY PASSAFARO
-None-

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:07P.M., seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

           
Allison Vento, MMC/RMC
Town Clerk
 

January 3, 2024 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 03, 2024 at 5:30P.M.

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Allison Vento
                                                             
Councilpersons:       
                                    Councilman Christopher Schaeffer
                                    Councilman Adam Rak
                                    Councilwoman Ann Eckman
                                    Councilman John Sedota
                                   
Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.

Prior to the Annual Organizational Meeting, Supervisor Pacos made a motion to appoint John Sedota to fill the vacant seat on the Pomfret Town Board with term expiring December 31, 2024. The motion was seconded by Councilwoman Eckman and carried unanimously.

Councilman Sedota was sworn into office by Town Clerk Vento.
                                   
APPROVAL OF SALARIES FOR ELECTED OFFICIALS 

Supervisor                      $ 12,000 
Councilperson  (4)        $ 4,500            (each) 
Town Justices   (2)        $ 17,000          (each) 
Town Clerk                    $ 48,000
Highway Superintendent    $ 73,500
 
DULY MOVED by Councilwoman Eckman, 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
re-appointment of Roger Renswick to serve 
on the Board of Assessment Review:

Michaelene Comerford       9/30/2025
Harry Centner                       9/30/2026
Alan Shaw                              9/30/2027
Ann LaPaglia                         9/30/2028
Roger Renswick                    9/30/2029

DULY MOVED by Councilman Schaeffer, seconded by Councilman Rak and carried unanimously.
 
APPOINT DEPUTY SUPERVISOR AND SET SALARY 
 
Councilwoman Ann Eckman appointed as Deputy Supervisor at the salary of $600.00 per year.
  
DULY MOVED by Councilman Rak, 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 Councilman Sedota, seconded by Councilwoman Eckman 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 Councilwoman Eckman, seconded by Councilman Schaeffer and carried unanimously. 

APPOINTMENTS AND SALARIES AS FOLLOWS: 
Jeanne Ebersole – Assessor     $94,266.00      per year 
*The subject of a multi-municipal shared service agreement
Caryn Tresler   -Assessor Clerk $16.85             per hour 
Board of Assessment Review   $15.20             per hour
Warren Kelly-Code/Inspection Officer  $36,000.00  per year 
Warren Kelly-Fire Inspector     $7,000.00        per year 
Teresa Bunge-Secretary for Zoning & Planning Sec. 
$18.25             per hour 

David Penharlow- Zoning Enforcement Officer $7,800.00 per year
Allison Vento  -Civil Defense Officer  $150.00           per year
Angela Joy      -Court Clerk                  $18.20             per hour 
Heidi Sobecki- Court Clerk                 $17.43             per hour 
Mark Dietzen  -Court Officer             $17.43             per hour 
David Pleszewski-Court Officer        $17.43             per hour
Jeff Nickerson-Court Officer             $17.43             per hour
Mike Callendar-Court Officer           $17.43             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  $18.25             per hour 
Allison Vento -Tax Collector            $6,850.00        per year 
Teresa Bunge-Deputy Tax Receiver$3,750.00        per year
Jeffrey Passafaro-Town Counsel     $170.00 per hour/$185.00per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services $17,000.00 per year
Brad Dietzen-Pomfret Cemetery Sexton  $18.25   per hour 
Jude Gardner   -Cemetery Maintenance Supervisor$2,800.00        per year
*amended 1/10/24 to reflect a $1,000.00 increase                  $3,800.00    per year 
Dennis Maslak            $32.13             per hour 
Loren Laurito              $31.50             per hour 
Jeff O’Brien (includes $1.50/hr. for Deputy. Highway Superintendent)      $32.89      per hour  
David Dunlap             $31.34             per hour  
Jeff Abbey                   $26.48             per hour 
Paul Kingsbury          $26.48             per hour  
Tyler Haynes              $26.48             per hour
Jude Gardner   -Public Works Superintendent  $2,400.00        per year 
Jude Gardner   -Water Dist. System Operator  $2,000.00        per year 
*amended 1/10/24 to reflect a $1,000.00 increase                  $3,000.00        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 
Cleaner                                                   $275.00           per month
Francesca Sysol-Recreation Director  $3,000.00        per year

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

CBI Employees
Mitchell Magierski-Water Maint. Supervisor   $34.32   per hour
Daniel Dillenburg- Laborer                                $18.72    per hour
Chris Surma- Laborer (PT)                                 $19.76    per hour
Thomas Starks- Billing/Collection Clerk          $16.85    per hour
Karen Trippy-Billing/Collection Clerk (PT)       $19.76    per hour
Allison Vento-Accounts Payable Clerk (PT)     $160.68 per month

DULY MOVED by Councilman Rak, seconded by Councilman Sedota 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 40scheduledhours 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 Councilman Sedota, seconded by Councilwoman Eckman 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 Councilwoman Eckman, seconded by Councilman Schaeffer 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 th
Town of Pomfret. 
 
3.It is the policy of the Town Board of the Town of Pomfret to
make eligible for dental insurance only active employees or officials and no benefits shall be offered or extended nor shall this
resolution be in any manner construed to extend any benefit
under this plan to any retired or former Town employee or official. 
DULY MOVED by Councilman Schaeffer, seconded by Councilman Rak, 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 Rak, seconded by Councilman Sedota 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 steeltoed 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 Councilman Sedota, seconded by Councilwoman Eckman 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 Councilwoman Eckman, seconded by Councilman Schaeffer and carried unanimously.
 
TOWN DEPOSITORIES 

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

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

MILEAGE REIMBURSEMENT 
 
The mileage reimbursement is set at $.67 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 Councilman Sedota, seconded by Councilwoman Eckman and carried unanimously.

TOWN PLANNING BOARD 

RATE OF PAY 
The Town Planning Board Chairperson and members be paid $1,050.00 and $550.00 respectively for the year 2024, with each term expiring the second Wednesday in January of the year listed below and with the reappointment of James Joy to serve on the Town Planning Board. 

MEMBERS                 YEAR 
Robert Smith            2025
Robert Dando          2026
Vacancy                    2027
Heather Lesch         2028
James Joy-Chairman 2029 

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

ZONING BOARD OF APPEALS 

 RATE OF PAY 
The Zoning Board of Appeals Chairperson and members be paid
$1,050.00 and $550.00 respectively for the year 2024, with each
term expiring the second Wednesday in January of the 
year listed below:
 
MEMBERS                            YEAR 
Raymond Lewandowski    2025
Ruth Eckstrom                    2026
Michaelene Comerford    2027
Alex Moon                          2028
David Fridmann-Chairman 2029

DULY MOVED by Councilman Schaeffer seconded by Councilman Rak 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, 2024. 

DULY MOVED by Councilman Rak, 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 Councilman Sedota, seconded by Councilwoman Eckman 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 P.M., 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 P.M., as needed.  

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

PAYMENT OF UTITILY BILLS
Utility bills are authorized to be paid by the Town Supervisor prior to the Regular Monthly Meeting with payment and check number listed in the monthly abstract.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Rak 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 2024. 

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

CEMETERY FEES 
  
TOWN CEMETERIES  
Cemetery Lot/Grave                                    $650.00 
Opening/Closing (Burial)                             $750.00 
Cremains Burial                                           $400.00 
Grave Opening (Cremation; Sat./Sun./Holidays)   $600.00 
Grave Opening (Sat./Sun./Holidays)        $1,200.00 

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                   $.75 
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                                    $150.00 per opening, per internment
Saturday/Sunday Niche Opening    $200.00 per opening, per internment

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

DULY MOVED by Councilman Sedota, seconded by Councilwoman Eckman 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 more than $5,000.00 for the purchase of 
equipment, tools and implements without prior approval of the
board. 

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer 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 2024.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON 
Appoint Supervisor Pacos as Chairperson of the Lily Dale Sewer District for the year 
2024 at a pay rate of $600.00 and Councilman Rak is appointed Vice-Chairperson, 
with no financial compensation. 

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota and carried unanimously with Councilman Rak and 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 2024 at a rate of
$500.00 for the year. 

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

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

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to approve the Supervisor’s committee appointments. The motion carried unanimously.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Schaeffer to adjourn the Organizational Meeting at 6:07P.M. and enter into Executive Session for the purpose of discussing personnel in a particular department.  The motion carried unanimously.

Town Clerk Vento exited meeting at 6:07P.M.

RECORDED BY: Councilwoman Eckman

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to exit Executive Session and re-enter the Organizational Meeting at 6:27P.M. The motion carried unanimously.

DULY MOVED by Councilman Sedota, seconded by Councilman Rak to adjourn the Organizational Meeting at 6:28P.M. The motion carried unanimously.

Respectfully Submitted, 

Allison Vento, MMC/RMC

 

December 13, 2023 Regular Town Board Meeting Minutes


REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. December 13, 2023, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

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

The Pledge of Allegiance was recited and lead by Supervisor Dan Pacos.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 8, 2023 Public Hearing Minutes-LD Fire Contract. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the November 8, 2023 Public Hearing Minutes-2024 Preliminary Budget. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 8, 2023 Regular Town Board Meeting. 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 #12 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      $29,925.51
General Fund Part Town        $297.70
Highway Fund Part Town       $29,488.52
Berry Water District               $351.14
Chestnut Water District          $328.00
North End Water District        $388.77
Lily Dale Water District         $9,046.97
Lily Dale Sewer District         $915.00
Capital Projects                       $5,250.00


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-12 of 2023, totaling in the amount of $174,959.87 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

DULY MOVED by Councilman Sedota to approve the following Budget Transfers. The motion was seconded by Councilman Schaeffer and carried unanimously.
GENERAL FUND TOWNWIDE
$1500  FROM             A1990.4          Contingent Account
            TO                   A7620.41        Adult Recreation-Exercise Contractual

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

$5,500 FROM             A9060.8          Employee Benefits Hospital & Medical
            TO                   A8810.12        Cemetery Personal Services Seasonal

$190    FROM             A9060.8          Employee Benefits Hospital & Medical
            TO                   A8810.2          Cemetery Equipment

$1,200 FROM             A9060.8          Employee Benefits Hospital & Medical
            TO                   A8810.4          Cemetery Contractual

$9,028 FROM             A9060.8          Employee Benefits Hospital & Medical
            TO                   A1910.4          Special Items Unallocated Insurance

$5,000 FROM             A9060.8          Employee Benefits Hospital & Medical
            TO                   A1620.4          Buildings Contractual

GENERAL FUND OUTSIDE VILLAGE
$3,708 FROM             B3625.11        Fire Inspection Deputy
            TO                   B3620.4          Safety Inspection Contractual

HIGHWAY FUND TOWNWIDE
$100    FROM             DA9010.8       Employee Benefits State Retirement
            TO                   DA5140.1       Misc. Brush & Weeds Personal Services

$100    FROM             DA9010.8       Employee Benefits State Retirement
            TO                   DA5140.41     Misc. Brush & Weeds-Fuel

$200    FROM             DA9010.8       Employee Benefits State Retirement
            TO                   DA9055.8       Employee Benefits Disability Insurance

HIGHWAY FUND OUTSIDE VILLAGE
$18,000 FROM           DB5142.4       Snow Removal Contractual
              TO                 DB5110.4       General Repairs Contractual

$6,900 FROM             DB9060.8       Employee Benefits Hospital & Medical
            TO                   DB5130.2       Machinery Equipment


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the November 2023 report of monies received. A total of $5,767.75, was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for November 2023 is as follows:
Justice Dietzen Total Cases: 103
                        Total Fine & Surcharges: $5,636.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 93
                        Total Fine & Surcharges: $6,708.00
                        Cases dismissed:         12
 
  • 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 Monday, December 25, 2023 in observance of the Christmas Holiday.
  • Councilman Schaeffer made a motion to approve the purchase of a e-Studio Toshiba3025AC printer, copier, and scanner, at a cost not to exceed $5,855 from Eagle Systems of Jamestown. The motion was seconded by Councilman Sedota and carried unanimously.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The November Highway Work Report have been distributed to the Town Board.

AUDIENCE COMMENTS:
-None

SUPERVISOR PACOS
  • Supervisor Pacos made a motion to approve the following 2024 contracts. The motion was seconded by Councilman Schaeffer and carried unanimously.
 -Catherine Pratt as the fitness instructor for the Grape Belt Seniors in the amount of $35.00 per session. This amount is not to exceed $3,600.00,
-Mary E. Seymour Library in the amount of $2,000.00
-Darwin R. Barker Library in the amount of $68,000.00 to be paid in four quarterly payments
-Cassadaga Lakes Association in the amount of $2,000.00 for weed removal.
-Forest Lodge #166 in the amount of $7,200.00 for rental space for the Grape Belt Seniors.
  • Councilman Schaeffer made a motion to authorize the Highway Superintendent to go out to bid for a F-250 XL Crew Cab Truck, with bids to be returned to the Town Clerk’s Office by January 2, 2024 at 2:00P.M. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to appoint Alex Moon, 116 Chestnut as a fulltime board member to the Zoning Board of Appeals with term expiring in 2026. The motion as seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Pomfret Employee Handbook amendment to state the following regarding overtime. The motion was seconded by Councilman Sedota and carried unanimously.
4.4 Overtime
Overtime is at the rate of one- and one-half times the regular rate of pay and is paid for any hours worked over eight (8) hours per day and 40 hours worked in weekly pay period, and for hours worked on holidays.  Paid holidays, vacation, and sick days will count in the calculation of hours worked.  Town of Pomfret employees will be assigned overtime on an as needed basis at the discretion of the Working Supervisor. The needs and skills of the job will be the basis of the specific employee assigned. 
  • Councilman Schaeffer made a motion to approve the following cemetery fees, effective, January 1, 2024. The motion was seconded by Councilman Sedota and carried unanimously.
.75 per square inch for foundations
$750.00           week day burial
$1,200.00        weekend/holiday burial
$400.00           week day burial for cremains
$600.00           weekend/holiday burial for cremains
$150.00           niche opening week day
$200.00           niche opening weekend/holiday
$650.00           grave plot
  • The Town of Pomfret received a request from Rick Denslow for an adult use cannabis microbusiness with retail authorization. Mr. Denslow has noted there is no projected location for this business. The Town Board will refer to their Local Laws on file once a location is determined and follow the proper procedure the board has adopted.
  • The Decommissioning Plan for 10026 Farel Rd. has been tabled due to Mr. Kelly not confirming his approval of the plans submitted.
  • Councilman Schaeffer made a motion to authorize the United States Air Force Auxiliary Civil Air Patrol use of the Forest Hill Cemetery on December 16, 2024 at 12:00P.M. for the National Program of Wreaths Across America. The motion was seconded Councilman Sedota and carried unanimously.
  • The RFP for the Engineering for the replacement of a culvert on Porter Rd. This will be placed on the agenda for the January meeting.
  • Councilman Sedota made a motion to approve the following hires for CBI, seconded by Councilman Schaeffer and carried unanimously.
TITLE                                                EMPLOYEE                                     RATE OF PAY
Water Maint. Supervisor  Mitchell Magierski       $33.00 per hour
Laborer                    Daniel Dillenburg                    $18.00 per hour
Laborer, Part Time  Chris Surma                            $19.00 per hour
Water Billing Clerk   Thomas Starks                       $16.20 per hour
Water Billing Clerk, Part Time    Karen Trippy      $19.00 per hour
Accounts Payable Clerk    Allison Vento             $154.50 per month
  • Supervisor Pacos announced the Town of Pomfret has been awarded a 5,000,000.00 grant for the North End Water District Phase 3 thru the Environmental Facilities Corporation NYS Water Infrastructure Improvement Act (WIIA).
  • Councilman Schaeffer made a motion to authorize Supervisor Pacos to approve the amended agreement with Municipal Solutions for the North End Water District Phase 2 and 3 at a cost not to exceed $50,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos wished everyone a happy and healthy holiday.

COUNCIL REPORTS
COUNCILMAN SEDOTA
  • Mr. Sedota attended the November Fredonia Fire Department meeting. They are working towards consolidating the Fredonia Volunteer Fire Department. There will be a Public Hearing on December 26, 2023 at the Village of Fredonia Trustee room at 6:00P.M.
  • The Cannabis Committee met prior to the board meeting. They have one application for an adult use retail dispensary, which the Village of Fredonia has stated the location does not comply with the applicable standards and regulations.

COUNCILMAN SCHAEFFER
  • The Fredonia Opera House received a $15,000 grant from the Community Foundation for Greater Buffalo for General Operating Support.
  • There will be a ribbon cutting for the Beauty Simplicity Boutique, an online store, at SUNY Fredonia Center for Innovation & Economic Development on December 14, 2024 at 4:00P.M.
  • Festivals Fredonia will be holding their annual meeting December 20, 2023 at 5:30P.M. at the Fredonia Memorial Post 59 American Legion. All are welcome to attend.

COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer, and carried unanimously. Time: 8:00P.M.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk

 

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