April 9, 2025 Regular Town Board Meeting Minutes
REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. April 9, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Michael Lee
Adam Rak
Christopher Schaeffer
Ann Eckman
ABSENT:
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 12, 2025 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 2025. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
General Fund Town Wide $36,039.94
General Fund Part Town $17,369.25
Highway Fund Part Town $23,862.32
Berry Water District $23.70
North End Water District $3,649.07
Lily Dale Water District $215.76
Lily Dale Sewer District $857.25
Capital Projects $35,215.70
CBI $21,028.47
TOWN CLERK REPORTS
Total Fine & Surcharges: $7,031.00
Cases dismissed: 38
Pomfret Town Justice Report for March 2025 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: 129
Total Fines & Surcharges: $11,666.00
Cases dismissed: 54
AUDIENCE CONCERNS
HIGHWAY SUPERINTENDENT JUDE GARDNER
SUPERVISOR PACOS
ORDER AFTER PUBLIC HEARING AUTHORIZING
INCREASE AND IMPROVEMENT OF
FACILITIES IN VAN BUREN WATER DISTRICT
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, has determined that it is in the best interest of the Town and the Van Buren Water District to increase the total estimated costs of the previously authorized District Improvement Project, which said Town Board did Order dated June 9, 2021; and
WHEREAS, the amount of $1,838,000 has been heretofore authorized to be expended for improvements of the facilities to the Water District, pursuant to a Resolution and Order after Public Hearing adopted by the Town Board on June 9, 2021; and
WHEREAS, the Town Board did authorize engineers, CPL, to request bids for the construction of said improvements so authorized; and
WHEREAS, bids were received and the cost of construction exceeded the maximum cost to be expended as previously authorized by the Town Board; and
WHEREAS, the Town Board has directed CPL, competent engineers licensed in New York, to prepare a revised map, plan and report (dated February 2025) for the purposes of (a) increasing the estimated maximum cost of the project from $1,838,000 to $2,495,000 and (b) increasing the aggregate amount of bonds (and notes) for this project from $1,838,000 to $2,495,000; and
WHEREAS, the Town Board does wish to proceed with the improvements as described in the map plan and report dated February 2025 at such increased maximum cost to be expended for the purpose of improving the facilities in the Van Buren Water District; and
WHEREAS, the scope of the improvements has not materially changed from the project identified in the original map, plan and report in that the proposed improvements consist of the installation of approximately 12,200 linear feet of water main along various roads in the Town, along with the installation of fire hydrants, valves and appurtenances, as well as other such improvements as more fully identified in such map, plan and report specifying that the estimated maximum expense thereof shall not exceed $2,495,000; and
WHEREAS, 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 therefor, no further action under SEQRA is necessary; and
WHEREAS, the Town Board of the Town of Pomfret did on March 12, 2025, adopt an Order calling for a Public Hearing, said Public Hearing to be held on April 9, 2025, and caused Notice 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; and
WHEREAS, the 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. That Notice of the Public Hearing described in the preamble hereof was posted and published and mailed as required by law, and is in all respects satisfactory;
2. That construction of the improvements herein described is in the Public Interest;
3. Prior to soliciting competitor bids relative to the construction of these improvements, the Towns Engineers 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 facilities of the District shall be so increased and improved at a cost not to exceed $2,495,000, the amount stated in the Notice of Public Hearing as the maximum cost of increase and improvement of the facilities; and it is further
ORDERED, that expense of said increase and improvement of facilities shall be assessed, levied, and collected from the several lands and parcels of lands within the District, so much upon and from each as assessed 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; and it is further
ORDERED, that the Town Board, in the name of the District, shall accept financing proposal made to it by USDA, Rural Development, and may issue it Serial Bonds, to finance all or part of the improvements, and any amounts received from grants of Federal and/or State funds shall be applied to the cost of said increase and improvements of facilities, or toward redemption of any bonds issued therefore, or budgeted as an offset to assessment for payment of principal and interest thereof; 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.
April 9, 2025
WHEREAS, the Town approved, through Town Law Section 202-b proceedings and a bond resolution (dated June 9, 2021, herein referred to as the “Original Bond Resolution”), a certain capital improvements project in the District; and
WHEREAS, the cost of such project has subsequently increased from $1,838,000 to $2,495,000 due to construction bids coming in higher than expected for the project; and
WHEREAS, the Town Board directed CPL to prepare an amendment to the previously filed map, plan and report to include such revised costs; and
WHEREAS, the Town Board wishes to modify the Original Bond Resolution for the purposes of (a) increasing the estimated maximum cost of the project from $1,838,000 to $2,495,000 and (c) increasing the aggregate principal amount of serial bonds authorized to be issued from $1,838,000 to $2,495,000, and to make other modifications in the Original Bond Resolution as may be consistent with law; and
WHEREAS, the Original Bond Resolution is being modified to increase the estimated maximum cost as previously described, and is otherwise being reaffirmed and ratified in all other material respects; and
WHEREAS, the scope of the improvements has not materially changed from the project identified in the Original Bond Resolution; and
WHEREAS, the Town Board has determined to proceed with the project; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the project.
WHEREAS, the Town has previously issued bond anticipation notes pursuant to the Original Bond Resolution and has not yet entered into permanent financing arrangements thereunder (i.e., the issuance of long-term serial bonds); and
NOW, THEREFORE, 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 Town Board) as follows:
SECTION 1. The Town is hereby authorized to undertake a certain water system capital improvements project that will generally consist of (but not be limited to), the installation of approximately 12,200 linear feet of water main along various roads in the Town, along with the installation of fire hydrants, valves and appurtenances, 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 “Purpose”). The estimated maximum cost of the Purpose is $2,495,000.
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 $2,495,000 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, including, but not limited to, grant funds expected to be received from the United States of America – Rural Development Agency. 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. To the extent not previously authorized, 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 said 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) Such 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 said Town and designated as the official newspaper of said Town for such publication.
SECTION 18. Nothing in this amendment shall affect the validity of the original June 9, 2021 bond resolution or any action taken thereunder, and any said actions are hereby ratified.
SECTION 19. 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:
AYES:
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
COUNCILMAN RAK
COUNCILWOMAN ECKMAN
COUNCILMAN LEE
COUNCILMAN SCHAEFFER
-None
TOWN ATTORNEY PASSAFARO
-None
Councilman Lee made a motion to bring the meeting into an executive session at 7:28 pm. The motion was seconded by Councilman Schaeffer and carried unanimously.
DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:51P.M, seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Samantha Kellogg
Town Clerk
6:30 P.M. April 9, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Michael Lee
Adam Rak
Christopher Schaeffer
Ann Eckman
ABSENT:
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 12, 2025 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 2025. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
General Fund Town Wide $36,039.94
General Fund Part Town $17,369.25
Highway Fund Part Town $23,862.32
Berry Water District $23.70
North End Water District $3,649.07
Lily Dale Water District $215.76
Lily Dale Sewer District $857.25
Capital Projects $35,215.70
CBI $21,028.47
TOWN CLERK REPORTS
- Town Clerk Kellogg provided to the Pomfret Board the March 2025 report of monies collected. A total of $8,174.00 was collected. The report is on file with the Clerk’s Office.
- The tax report for March (2% Penalty) is as follows: $661,387.55
- Bills Processed: 268
- Pomfret Town Justice report for March 2025 is as follows:
Total Fine & Surcharges: $7,031.00
Cases dismissed: 38
Pomfret Town Justice Report for March 2025 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: 129
Total Fines & Surcharges: $11,666.00
Cases dismissed: 54
- The Historian Report for March 2025 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 Town Hall Offices and Buildings will be closed Friday, April 18, 2025, in observance of Good Friday.
AUDIENCE CONCERNS
- Resident Ben Recklyn displays his concern that we should have a noise ordinance. Councilman Schaeffer reports there’s a County wide noise ordinance that he believes we comply with.
HIGHWAY SUPERINTENDENT JUDE GARDNER
- The March work report was shared with the board.
- Highway Superintendent Gardner reported he’s gotten a few different Quotes on Stump grinding, stating he rented one and we’ve done about 25 stumps in Forestville cemetery, suggesting its something to think about in the future.
-
Councilwoman Eckman made the motion to approve the following Cemetery Seasonal Employees, motion was seconded by Councilman Schaeffer and carried unanimously.
- Russell Conti - 3622 Route 83, Fredonia $17.93 per hour
- James Lemanski - 74 Risley St, Fredonia $15.50 per hour
- Edwin Kaus - 396 Lake Shore Drive E, Dunkirk $15.50 per hour
- Andrew Field - 3509 Webster Rd, Fredonia $15.50 per hour
SUPERVISOR PACOS
- The Town of Pomfret received an Invitation to Celebrate Professional Municipal Clerks from May 4th- May 10th, 2025.
- Councilwoman Eckman made a motion to approve the Resignation of Thomas Starks from CBI Billing Clerk affective May 2nd. The motion was seconded by Councilman Rak and carried unanimously.
- Councilwoman Rak made a motion to approve the Resignation of Jacob Purol from CBI Billing Clerk affective March 14th. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Councilman Schaeffer made a motion to approve the months of May, June, August, and September as Annual Fireman’s fund drive months in the Town of Pomfret. The motion was seconded by Councilman Lee and carried unanimously.
- As the Town Clerk has reported that no petition seeking a referendum on the Resolution duly adopted, posted and published to acquire lands and buildings for a Town Hall, Councilwoman Eckman made a motion to Confirm and Authorize Supervisor Dan Pacos to execute the contract of sale to purchase Chestnut Rd property for a new Town. The motion was seconded by Councilman Lee and carried unanimously.
- Supervisor Pacos mentions he’s happy to report we’ve reached out to the Town of Dunkirk because of the location of the building, asking if they’re willing to share the building with the Town of Pomfret as they’ve been looking for some time. Being right on the town line we believe we’d make great use of a shared municipal building
- Discussion held on Zoning Law updates – Tabled till next Month’s Meeting
- The Town Board received a letter from Chautauqua County about the water quality in the North End / Berry Water district. Accepting our corrected action plan.
- Councilman Rak made a motion to Approve the Pro Housing Resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Councilman Schaeffer made a motion to Approve the Final Order for the VanBuren Water District 202-b proceeding set forth as follows. The motion was seconded by Councilman Lee and carried unanimously.
ORDER AFTER PUBLIC HEARING AUTHORIZING
INCREASE AND IMPROVEMENT OF
FACILITIES IN VAN BUREN WATER DISTRICT
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, has determined that it is in the best interest of the Town and the Van Buren Water District to increase the total estimated costs of the previously authorized District Improvement Project, which said Town Board did Order dated June 9, 2021; and
WHEREAS, the amount of $1,838,000 has been heretofore authorized to be expended for improvements of the facilities to the Water District, pursuant to a Resolution and Order after Public Hearing adopted by the Town Board on June 9, 2021; and
WHEREAS, the Town Board did authorize engineers, CPL, to request bids for the construction of said improvements so authorized; and
WHEREAS, bids were received and the cost of construction exceeded the maximum cost to be expended as previously authorized by the Town Board; and
WHEREAS, the Town Board has directed CPL, competent engineers licensed in New York, to prepare a revised map, plan and report (dated February 2025) for the purposes of (a) increasing the estimated maximum cost of the project from $1,838,000 to $2,495,000 and (b) increasing the aggregate amount of bonds (and notes) for this project from $1,838,000 to $2,495,000; and
WHEREAS, the Town Board does wish to proceed with the improvements as described in the map plan and report dated February 2025 at such increased maximum cost to be expended for the purpose of improving the facilities in the Van Buren Water District; and
WHEREAS, the scope of the improvements has not materially changed from the project identified in the original map, plan and report in that the proposed improvements consist of the installation of approximately 12,200 linear feet of water main along various roads in the Town, along with the installation of fire hydrants, valves and appurtenances, as well as other such improvements as more fully identified in such map, plan and report specifying that the estimated maximum expense thereof shall not exceed $2,495,000; and
WHEREAS, 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 therefor, no further action under SEQRA is necessary; and
WHEREAS, the Town Board of the Town of Pomfret did on March 12, 2025, adopt an Order calling for a Public Hearing, said Public Hearing to be held on April 9, 2025, and caused Notice 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; and
WHEREAS, the 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. That Notice of the Public Hearing described in the preamble hereof was posted and published and mailed as required by law, and is in all respects satisfactory;
2. That construction of the improvements herein described is in the Public Interest;
3. Prior to soliciting competitor bids relative to the construction of these improvements, the Towns Engineers 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 facilities of the District shall be so increased and improved at a cost not to exceed $2,495,000, the amount stated in the Notice of Public Hearing as the maximum cost of increase and improvement of the facilities; and it is further
ORDERED, that expense of said increase and improvement of facilities shall be assessed, levied, and collected from the several lands and parcels of lands within the District, so much upon and from each as assessed 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; and it is further
ORDERED, that the Town Board, in the name of the District, shall accept financing proposal made to it by USDA, Rural Development, and may issue it Serial Bonds, to finance all or part of the improvements, and any amounts received from grants of Federal and/or State funds shall be applied to the cost of said increase and improvements of facilities, or toward redemption of any bonds issued therefore, or budgeted as an offset to assessment for payment of principal and interest thereof; 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.
April 9, 2025
- Councilman Lee made a motion to Approve the following amended Bond resolution on Resolution for the VanBuren Water District. The motion was seconded by Councilwoman Eckman and carried unanimously.
WHEREAS, the Town approved, through Town Law Section 202-b proceedings and a bond resolution (dated June 9, 2021, herein referred to as the “Original Bond Resolution”), a certain capital improvements project in the District; and
WHEREAS, the cost of such project has subsequently increased from $1,838,000 to $2,495,000 due to construction bids coming in higher than expected for the project; and
WHEREAS, the Town Board directed CPL to prepare an amendment to the previously filed map, plan and report to include such revised costs; and
WHEREAS, the Town Board wishes to modify the Original Bond Resolution for the purposes of (a) increasing the estimated maximum cost of the project from $1,838,000 to $2,495,000 and (c) increasing the aggregate principal amount of serial bonds authorized to be issued from $1,838,000 to $2,495,000, and to make other modifications in the Original Bond Resolution as may be consistent with law; and
WHEREAS, the Original Bond Resolution is being modified to increase the estimated maximum cost as previously described, and is otherwise being reaffirmed and ratified in all other material respects; and
WHEREAS, the scope of the improvements has not materially changed from the project identified in the Original Bond Resolution; and
WHEREAS, the Town Board has determined to proceed with the project; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance the costs of the project.
WHEREAS, the Town has previously issued bond anticipation notes pursuant to the Original Bond Resolution and has not yet entered into permanent financing arrangements thereunder (i.e., the issuance of long-term serial bonds); and
NOW, THEREFORE, 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 Town Board) as follows:
SECTION 1. The Town is hereby authorized to undertake a certain water system capital improvements project that will generally consist of (but not be limited to), the installation of approximately 12,200 linear feet of water main along various roads in the Town, along with the installation of fire hydrants, valves and appurtenances, 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 “Purpose”). The estimated maximum cost of the Purpose is $2,495,000.
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 $2,495,000 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, including, but not limited to, grant funds expected to be received from the United States of America – Rural Development Agency. 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. To the extent not previously authorized, 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 said 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) Such 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 said Town and designated as the official newspaper of said Town for such publication.
SECTION 18. Nothing in this amendment shall affect the validity of the original June 9, 2021 bond resolution or any action taken thereunder, and any said actions are hereby ratified.
SECTION 19. 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:
AYES:
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
- Councilwoman Eckman made a motion to Approve the Amending Lily Dale Sewer Distrcits rates at quarterly minimum rate of $45 for the first 5,000 Gal, and $9.38 for every 1,000 above the minimum effective April 1st, 2025. The motion was seconded by Councilman Rak and carried unanimously.
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Supervisor Daniel Pacos gives an update on various projects.
- Pioneer Cemetery wall having most of the equipment gone and the wall being completed.
- North End water district phases II & III were about 90% designed of the system itself with some of the permitting in place, teams working on the pump stations and water tank designs.
- Porter Avenue culvert is a little behind, they’re wrapping up the design and permitting with DOT this summer, project will be a 2026 construction project.
- We’re submitting funding applications for the engineering planning Grant for our Lily Dale sewer District.
- Moving ahead with the Contract for the New Town Hall, we’ll be working on preliminary designs and floor plans once we know if we have partners with us or not.
- Berry and Chestnut RD water projects - we’ve submitted grant applications to USDA, waiting to hear back from them.
- We’re submitting for funding on the Barker playground project. Hoping to make it more accessible for wheelchairs, and sensory stations throughout
COUNCILMAN RAK
- Councilman ran mentions the Battery storage, wondering what company are we working with, having the idea to see if reaching out to people in the area would be interested in having them with their solar farms to help charge them.
COUNCILWOMAN ECKMAN
- Councilwoman Eckman updates the board she’s been working with Ecos Cooperative Inc regarding the health of the trees in Foresthill, mentioning they’ve completed their inventory. After having the Town pay additional dollars for them to check out the Pioneer Cemetery while they were there, they’ll be presenting their recommendations. Stating one thing that they did find when doing their assessment is a lot of the Hemlock trees have infestation. They do believe that the trees can be saved. With the weather we’re on hold till it’s nice to do further treatment.
COUNCILMAN LEE
- Councilman Lee gives a brief update about working with the Barker Library Association of the daughters of American revolution to put together a Lafayette festival. Discussing they’ll be having a week of events going on the first week of June in the Barker Commons.
COUNCILMAN SCHAEFFER
-None
TOWN ATTORNEY PASSAFARO
-None
Councilman Lee made a motion to bring the meeting into an executive session at 7:28 pm. The motion was seconded by Councilman Schaeffer and carried unanimously.
DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:51P.M, seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Samantha Kellogg
Town Clerk