March 11 , 2026 Regular Town Board Meeting

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 11, 2026, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg


COUNCILPERSONS:           Adam Rak
                                                Michael Lee
                                                EvaDawn Bashaw

ABSENT:                               Kathleen Dennison
                                                Town Counsel Jeffrey Passafaro
                                                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 Bashaw to accept the minutes of the
February 11, 2026, Regular Town Board Meeting. The motion was seconded by Councilman Lee, the motion carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #3 of 2026. The motion was seconded by Councilwoman Bashaw and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilwoman Dennison-ABSENT
Councilman Lee -AYE
Councilwoman Bashaw-AYE

General Fund Town Wide      $27,690.39
General Fund Part Town        $343.65
Highway Fund Part Town       $33,150.00
Berry Water District               $353.06
Chestnut Water District          $325.00
North End Water District        $553.38
Lily Dale Water District         $5,946.62
Lily Dale Sewer District         $1,020.39
Capital Projects                       $48,300.00
CBI                                         $107,613.88

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the February 2026 report of monies collected. A total of $2,260.75 was collected. The report is on file with the Clerk’s Office.
The tax report for February 6, 2026 (1% Penalty) is as follows:
- Bills Processed: 1,454
- Total Amount Collected: $2,457,505.81
Pomfret Town Justice report for February 2026 is as follows:

Justice Dietzen Total Cases: 165
Total Fine & Surcharges: $8,777.00
Cases dismissed: 63

The Code Enforcement monthly report for February is on file in the Clerk’s office.
The Fredonia Fire Department January 2026 report is on file in the Clerk’s office.
Town of Pomfrets January Financial Report has been shared with the board
Request for M&T Remote Check Depositor approved by Board.

In the Matter of the Establishment
of Sewer District No. 6, in the Town of Pomfret,
County of Chautauqua, State of New York
ORDER CALLING PUBLIC HEARING
WHEREAS, a written Petition dated March 4, 2026, has been submitted in due form by Daniel W. Pacos and Kimberly Joy Pacos, property owners containing the required signatures, which has been presented and filed with the Town Board of the Town of Pomfret, County of Chautauqua, State of New York, for the establishment of a Town Sewer District, to be known as Sewer District No. 6, which is bounded and described on Exhibit A attached hereto and made a part hereof; and
WHEREAS, the improvements proposed consist of the construction and maintenance of a sewer system to serve the District in accordance with a certain map plan and report prepared by CPL Engineers dated October, 2025, made a part of such Petition and heretofore adopted by this Town Board, and on file in the office of the Town Clerk of said Town; and
WHEREAS, it is the intention of the Petitioners to construct said sewer system at their own expense, to transfer said sewer system to the Town, when completed, without any consideration.
NOW THEREFORE BE IT
ORDERED, that a meeting of the Town Board of the Town of Pomfret will be held at the Town Hall, 9 Day Street, Fredonia, New York on April 15, 2026, at 6:15 p.m. on said day, to consider said Petition, and to hear all persons interested in the subject thereof, concerning the same, and for such other action on the part of said Town Board with relation to the premises.

Councilwoman Bashaw made a motion to schedule a public hearing for formation of Sewer District #6 on Wednesday, April 15, 2026, at 6:15 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Rak and carried unanimously with Supervisor Pacos abstaining.
Councilwoman Bashaw made a motion to Change our Regular scheduled Town Board Meeting April 8,2026 to April 15,2026 @ 6:30 on 9-day street Town Hall, as Town Clerk Kellogg will be out of town. Motion was seconded by Councilman Rak and carried unanimously.

A motion made by Councilwoman Bashaw to approve the request of Town Clerk Kellogg and Deputy Green to attend the NYSTCA Annual Conference, April 19-22, 2026, as budgeted. The motion was seconded by Councilman Lee and carried unanimously.
Town of Pomfrets Clerks Office will be closed April 20th-22nd 2026 for NYSTCA Annual Learning Conference.
The Pomfret Offices and buildings will be closed Friday, April 03,2026 in observance of Good Friday.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The February work report was shared with the board

HISTORIAN REPORT

Historian Lillian Pacos attends the meeting to discuss a few projects she’s been working on, including plans for a proposed marker for Pioneer Cemetery. Stating Pioneer cemetery was part of the reason Pomfret became permanent here, in 1808 Hannah Woodcock passed away when a tree fell on her when she was a little girl while she was harvesting nuts. When this happened, they decided we needed a cemetery, so they buried her and created Pioneer cemetery.
Lilian is looking into the Foundation of NYS to create a heritage marker for the Pioneer Cemetery.
The second project being worked on currently is Lillian has created coloring pages of the history of Pomfret. She’s looking to set up at the farmers market to do public outreach and hopes to publish soon.

AUDIENCE CONCERNS

County executive P.J Wendle addresses the situation with the City of Dunkirk, expressing by statute the county is required to pay any unpaid taxes for Towns and Villages. The legislature by resolution made it so we would pay city taxes. Stating from 2024 to 2025 those numbers of unpaid taxes increased another 120 parcels. After meeting with the NYS comptroller to mention needing to discuss more about the City of Dunkirk. After Mayor of Dunkirk heard, she discussed they need to have a meeting with the 4 municipalities here in the North County to understand the future. There is talk of shared service / exploration into consolidation and or mergers. This wouldn’t be something that’d happen right away, there is a lot to take into consideration before any discissions are made. We do have NYSEG/NYS interested in funding the study for this process.
Supervisor Pacos mentions Pomfret is interested in looking into the study and the idea of this.
Jim Joy chairman of the planning board gives an update on the Zoning project, with zooming of Route20/60 to upgrade to a multi-use corridor. This change would make the town more accommodating to new businesses coming.
Fulvio Stampone owns a business/farm located at 5060 Ellicott Road. There’s been a long-standing issue with neighbor Mr. Reilly. After contacting Code enforcement officer Mr. Kelly, Mr. Reilly constructed a fence/gate without a permit. Mr. Stampone followed up with Mr. Kelly about inspecting the gate, stating the permit wasn’t issued as you can’t put a grate across a deeded right of way The gate has caused many issues and would like to know what course of immediate action can be taken to get the gate taken down?
Supervisor Pacos directs Mr. Stampone needing to work directly with Mr. Kelly as he’s the local legal arm of the state stating the Town board does not have the authority to do that.
Stampone recites that Mr. Kelly has failed to assist them. Saying Mr. Kelly had given notice that the gate needed to be removed within 30 days, and nothing had been done. Mr. Stampone states Mr. Kelly has failed in his job title and responsibilities.
Christopher Stampone speaks about his experience with Mr. Reilly harassing his family when he visits his father Mr. Stampone.
Supervisor Pacos advises this reflects that individual not this Municipality and they need to speak to an attorney.
Stampone says that Reilly chains them into their property on the fence/gate he installed with no permit.
Supervisor Pacos states this is legal action not a Town Board matter.
Denise reveals Mr. Stampone is wasting the States money/time every time he has to call the Police, DEC, child protective services etc. If these issues were being handled it’d free up the resources for the state.
Supervisor pacos again states this is a legal issue, this is a dispute between two bordering property owners, which we do not oversee.
The Family states if our code enforcement officer enforced the taking down of the gate, and following up with it this wouldn’t be a problem. No action is being taken.
Supervisor pacos asks Stampone to leave his contact information with Town clerk Kellogg to give to our Town Attorney.
The family voices their concerns about being recorded and would like the Town to bring this matter to the code enforcement officer and have this taken care of. Also, the face of the gate being there blocking fire departments from being able to access them if needed.

SUPERVISOR PACOS

Council Lee made a motion to Accept the auctioninternational.com bids. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Lee made a motion to approve contract with Niagara Mohawk Power Corp & Cherry Creek Snow Goers. The motion was seconded by Councilwoman Bashaw and carried unanimously.

Councilman Lee made a motion to approve Draw request #4 for Van Buren Bay Water Project in the amount of $2,495.00. The motion was seconded by Councilman Rak and carried unanimously.
Councilwoman Lee made a motion to approve the following resolution. The motion was seconded by Councilman Rak and carried unanimously

TOWN OF POMFRET, TOWN BOARD
RESOLUTION
To Become a Climate Smart Community
WHEREAS, the Town of Pomfret (hereinafter “local government”) believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and
WHEREAS, the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic diseases; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and
WHEREAS, we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and
WHEREAS, we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and
WHEREAS, we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come,
IT IS HEREBY RESOLVED that Town of Pomfret, in order to reduce greenhouse gas emissions and adapt to a changing climate, adopts the New York State Climate Smart Communities pledge.
RESOLUTION Adopted, all present voting AYE.

UPDATE ON PROJECTS:
Town Hall: Estimates were passed out to the board. The Court area itself is about million dollars to renovate. We qualified for $30,000.00 from the NYS Courts. Now with being under the Office of Courts Administration we have a lot of renovations needed for the new court space.
Zoning Document: Supervisor Pacos spoke to Dave Fridman about the issue of the 500ft setback on route 60. Fridman states if we had a larger business out there, we wouldn’t have enough room for the business and parking lot. Being zoned agricultural behind, we’d have to go for a used variance which they wouldn’t’ qualify for. After speaking to Jim and the planning board they discussed that on route 20 going east and west it’s heavily residential, with smaller parcels. They’re afraid if we take the 500 Ft setback off, we could end up with bigger stores placed within residential houses and that’s not our goal. The change being recommended is adding the 500ft setback on US Rt 20, not on the entire parcel on Rt 60.
Shared services/consolidation discussion/grants: Having a meeting on Friday the 13th Pacos will mention were submitting 2 grants through our consolidating funding app to NYS to get money to study those through local government management efficiency grant. Pacos has also put in Requests through the GRI for the local match for those grants.
North End Water District Phase 2 & 3 Expansion projects: We should be out to bid within a week - 10 days. Pacos has received appraisal for the property for the Phase 3 water tank. They’ll meet up with the owners of the property and provide them with appraisal on the property and come to an agreement on the purchase price, then we’ll be able to bring that to the board.
NYS Mobile and Manufactured Home replacement program: After research, we’d have to create a Town wide program to participate, homeowner needs to meet certain income guidelines. They’re funded up to $100,000.00 to demo the existing mobile/manufactured house, move their goods and construct a new one. The Town would have to front the money, and the State would reimburse us when it’s completed. The homeowner signs a 10-year mortgage and only pays if the house is sold or transferred before the end of the 10-year mortgage. Hesitant with having to use Town monies, Pacos reached out to the Northern Chautauqua Community foundation asking if there was a way to create a revolving loan, asking if they’d fund us during this program.

COUNCILMAN RAK

Councilman Rak spoke with Joe Sourcy and back when the new round about was created, he had created a sculpture to be placed there since the Dot didn’t approve it for the roundabout, Rak asked if he’d like to place it at the New Town Hall.

COUNCILWOMAN DENNISON

Absent

COUNCILMAN LEE

No update

COUNCILWOMAN BASHAW

Excitedly working closely with current and previous cemetery sextons, they’ve been looking at documentation of the existing graves and things they need, in addition of the signage going up. Having 124 graves still missing in the database, they’re doing the research back to 1807 to straighten it all out.
Bashaw voices concerns about the study for consolidating Dog control in the area, stating they’re having a hard time with dog catchers. We’d need to hire someone to take on this responsibility, along with finding a building for holding as our Veterinary wouldn’t have enough space housing these dogs for multiple towns.

TOWN ATTORNEY PASSAFARO
-None

DULY MOVED by Councilwoman Bashaw to adjourn the Regular Town Board Meeting at 8:05 P.M., seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

February 11, 2026 Regular Town Board Meeting

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 11, 2026 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro

COUNCILPERSONS:           Adam Rak
                                                Kathleen Dennison
                                                Michael Lee
                                                EvaDawn Bashaw

ABESENT:                             Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Bashaw to accept the minutes of the January 14, 2026, Regular Town Board Meeting. The motion was seconded by Councilman Lee, the motion carried unanimously.

DULY MOVED by Councilman Lee to accept the minutes of the January 14, 2026, Organizational Meeting Minutes. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the January 28, 2026, Special Meeting Minutes. The motion was seconded by Councilwoman Dennison, the motion carried unanimously.

DULY MOVED by Supervisor Daniel Pacos to approve the payment of bills on abstract #2 of 2026. The motion was seconded by Councilwoman Bashaw and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilwoman Dennison-AYE
Councilman Lee-AYE
Councilwoman Bashaw-AYE

General Fund Town Wide      $29,634.20
General Fund Part Town        $19,212.79
Highway Fund Part Town       $40,739.83
Berry Water District               $12,906.94
Chestnut Water District          $2,374.20
North End Water District        $95,529.02
Lily Dale Water District         $51,348.67
Lily Dale Sewer District         $691.03
Rt. 20 Water District               $31.31
Rt. 20 Sewer District              $31.38
Rt. 60 Water District               $536.92
Rt. 60 Sewer District              $563.60
Sewer District 1                      $2,139.65
Sewer District 2                      $3,915.35
Lakeview Sewer                     $79.72
Capital Projects                       $151,260.67
Pomfret Fire Protection          $549,948.00
Lily Dale Fire District            $36,428.00
CBI                                         $115,135.23

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the January 2026 report of monies collected. A total of $5,035.00 was collected. The report is on file with the Clerk’s Office.
The tax report for January 9-February 6, 2025 (Penalty Free) is as follows:

Bills Processed: 1,118
Total Amount Collected: $6,105,503.81

Pomfret Town Justice report for January 2026 is as follows:

Justice Cerrie Total Cases:     114
Total Fine & Surcharges:       $8,215.00
Cases dismissed:                     25

Pomfret Town Justice report for January 2025 is as follows:

Justice Dietzen Total Cases: 165
Total Fine & Surcharges: $11,502.00
Cases dismissed: 55

The Code Enforcement monthly report for February is on file in the Clerk’s office.
Fredonia Fire Department’s Annual Report for 2025 is on File in the Clerk’s Office.
The Pomfret Town Hall Offices and Buildings will be closed Monday, February 16, 2026, in observance of President’s Day.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The Board received the January 2026 work report, and it is on file with the Clerk’s Office.

AUDIENCE CONCERNS

Charles Richardson speaks about the NYS Grant to help replace mobile homes, asking if the Town Will investigate applying for this.
Supervisor Pacos asks Charles to email over the Grant Application paperwork, and he’ll look further into it and get back to him.
Holly Kluck talks about having a gas well on her property – Stating the person who’s maintaining it, PPP Development is sending her letters to inform her she needs to find an alternative source for energy. She’s asking if anyone else has had these issues.
Supervisor Pacos advises her that this isn’t a Town issue and she should get an attorney involved to help with the issue.
Town attorney Passafaro mentions her attorney should look at the lease for the terms of the gas well.

SUPERVISOR PACOS

Twan from CWC is looking for a direct entry point to their property for their reserve, Requesting Town for SEQR.
Supervisor Pacos and Town Attorney Passafaro state they would need to reach NYS DOT for SEQR.
Councilman Lee made a motion to approve pay application #4 for S. St George in the amount of $97,319.66 for the Van Buren Bay Water District. The motion was seconded by Councilwoman Bashaw and carried unanimously.
Councilwoman Bashaw made a motion to approve grant application with Municipal Solutions to cover any future applications. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve GAR appraisal report for a tax cert case. The motion was seconded by Councilwoman Dennison and carried unanimously.

Status on Grant applications:

Two Consolidation grants are in process to fund the study of sharing highway and Dog control.
Supervisor Dan pacos has applied to the County for a 50/50 match, he’ll be presenting the proposal on March 25,2026 to the County officials.
We’re also looking into what it would take to combine Villages building inspector/code enforcement officers with the Town of Pomfret.
We’ll be closing on the highway plow truck once all the paperwork has been submitted.
Water meter grant will be covering the meters and cellular readers in VanBuren bay and Lily Dale. Letters will be sent out about the cellular readers being installed and advising residents of the change.
Cellular readers advance the process of catching leaks, sending notifications to the computers of our admins to alert the residents.

Update on Town Projects:

Supervisor Pacos has been working with our Assessor Jeanne to assess the ag exemption penalties on any properties that converted from agricultural to solar. There is a 5-year payback for the ag exemption with compound interest.
A sewer meeting was held with the Village of Fredonia, Boces and the County. Boces has approached us about possibly extending sewer up water street to the Center. Were working with the Village to try and extend our sewer district expansion study grant to see the possibilities of extending.
Supervisor Pacos received floor plan #6 from Paul from CPL earlier today. The Court area will be extended to provide more seating with a 10% more seating than plan #5.
additional storage area has been added throughout the building for Pomfrets Achieves.
Zoning update projects – there’s number of corrections that need to be made to the zoning map; the battery storage needs correct language for the battery storage law.
Update on North End Water District phase II, Webster: We’re still waiting on 8 outstanding easements. The North End Water District was formed in 2009, Phase I Started in 2012 including parts of Route 20,60 and Webster Rd. There are many residents paying for water who don’t have access yet. We’re pushing to get phase II and Phase III Completed. We’ve reached out multiple times to get these easements completed to keep the project moving forward with no avail. We’re to the point at looking at Eminent Domaine / Directional Drill which would be more costly but move things along. We really don’t want to lose out on construction season this year and move forward with getting this project started.

COUNCILMAN RAK

NO UPDATE

COUNCILWOMAN DENNISON

Councilwoman Dennison has communicated with Chamber of Commerce for a better understanding of what our committee has done in the past and what they expect in the future. They now have a “Small business sit down” to keep updated on businesses around the Town.
Also, attended the state of business breakfast hosted by the Chamber, one key factor that caught Ms. Dennison’s attention is mentioned at the presentation was the big shortage on construction workers because the supply is low.
Updates that the Office of Aging has an expo in May, being open to elderly, care givers, and community members.

COUNCILMAN LEE

NO UPDATE

COUNCILWOMAN BASHAW

Councilwoman Bashaw reached out to the Opera House letting them know her Contact information to keep updated on activities.
There has been work being done for the Pioneer Cemetery with herself, Supervisor Pacos, and Cemetery sexton Katie Mawhir. Working on placing names and marking out all the graves on a map. Supervisor Pacos is hoping we can look into a grant that’ll help renew old and broken grave stones.

TOWN ATTORNEY PASSAFARO

NO UPDATE

DULY MOVED by Councilwoman Dennison to adjourn the Regular Town Board Meeting at 7:37 P.M., seconded by Councilwoman Bashaw and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

January 28, 2026 Special Town Board Meeting

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:30 PM. January 28 2026 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.

PRESENT:                                          Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
                                                            Town Counsel Jeffrey Passafaro


COUNCILPERSONS:                       Councilman Rak
                                                            Councilwoman Dennison
                                                            Councilman Lee
                                                            Councilwoman Bashaw

ABSENT:

The Pledge of Allegiance of the Flag was recited to begin the Special Meeting led by Supervisor Pacos.
The purpose of this Special Meeting of the Pomfret Town Board is for approval of blueprints for the New Town Hall and any other lawful business before the board.
Town Clerk Kellogg provided proof of posting and publishing.

Paul Dudkowski From CPL displayed Blueprints of concept 5 for the new Town Hall, stating the changes that have been made. After shifting spaces around and the Town court side has been updated to code with OCA. Paul mentions they’ve reduced the amount of exits significantly from the prior building, having the main door in the center for public and separate entrances for Court and Town Hall Staff. The Senior Center will have their own separate area to which they will have access to throughout the week as they’d like.
Town Board states when entering the building the first room they see shouldn’t be a detaining room – this room will have to be moved to accommodate a more comfortable setting for first entering the Town Hall.
Town Board also brings attention that in this new design they’ve left out Town archive’s rooms, along with changes to the Courts side, Paul states we’ll have to make these changes and bring a new design to be approved.

Town clerk Kellogg requests for forgiveness for sewer fees amounting $2,964.59 on 3 Cottage Row Lily Dale, NY 14752 for a large leak that happened this past quarter, and water did not go down the sewer.
Councilwoman Bashaw made a motion to approve sewer forgiveness in the amount of $2,964.29 on account #0465 for residence 3 Cottage Row Lily Dale, NY 14752. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilman Rak, seconded by Councilwoman Bashaw to adjourn the Special Town Board Meeting at 6:42 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

January 14, 2026 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:20 P.M. January 15, 2026, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.


PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg                                                          Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner

COUNCILPERSONS: Michael Lee
                                                Adam Rak
                                                EvaDawn Bashaw
                                                Kathleen Dennison

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

DULY MOVED by Councilwoman Bashaw to accept the minutes of the
December 10, 2025, Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Rak to approve the payment of bills on abstract #13 of 2025. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak -AYE
Councilman Lee-AYE
Councilwoman Dennison-AYE
Councilwoman Bashaw-AYE

General Fund Town Wide      $8,033.12
General Fund Part Town        $230.82
Highway Fund Part Town       $21,444.10
Berry Road Water District      $72.82
Chestnut Water District          $45.00
Lily Dale Sewer District         $835.40
Capital Projects                       $71,139.53
CBI                                         $77,666.23

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2026. The motion was seconded by Councilman Rak and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak -AYE
Councilman Lee-AYE
Councilwoman Dennison-AYE
Councilwoman Bashaw-AYE

General Fund Town Wide      $14,605.51
Highway Fund Part Town       $8,470.82
Lily Dale Water District         $36,775.51
Lily Dale Sewer District         $23.70
Capital Projects                       $310,683.86
CBI                                         $8,426.57

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board an annual report of all monies collected through the office in 2025. A total of $140,587,.75. A copy of the report is on file with Town Clerk Kellogg.
Town Clerk Kellogg provided to the Pomfret Board the December 2024 report of monies collected. A total of $12,905.30 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice report for December 2026 is as follows:

Justice Dietzen Total Cases: 120
Total Fines & Surcharges: $10,375.50
Cases dismissed: 17
Justice Cerrie Total Cases: 117
Total Fines & Surcharges: $6,651.00
Cases dismissed:33

Code Enforcement Officer, Warren Kelly, provided to the board a report of all activity for the year 2025. The report is on file with the Clerk’s Office.
The Pomfret Offices will be closed on Monday, January 20, 2025, in observance of Martin Luther King Jr.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The Board received the December 2025 work report.
Councilwoman Bashaw made a motion with the reserve as established by the highway superintendent to post the following items to Auctions International, as we declare them no longer required for municipal purposes and to dispose of them at the best return to the Town taxpayers. The motion was seconded by Councilman Rak and carried unanimously.
- #6 Plow Truck 2000 Steerling
- #7 Plow Truck 2004 Steerling
- 1990 Giant Vac Leaf Sucker
- 2001 Vibromax plate tamper
- 1986 Mikasa Plate Tamper
- Pull behind York Rake
- 2001 Brush Bandit Chipper
- Oil and stone box
- Berming machine tail gate conveyer
- 4 tail gate spreaders
Councilwoman Bashaw made a motion to approve the agreement to spend Town Highway funds. The motion was seconded by Councilman Rak and carried unanimously.

Councilman Lee made a motion to approve the purchase of 2 new cemetery mowers with trade in of 2 old cemetery mowers as approved and listed on the 2026 budget in the amount not to exceed $8,240.76. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Lee made a motion to approve Highway Superintendent to make the purchase of an E35 25HP R2-Series Bobcat Compact Excavator not to exceed the amount of $38,767.19. The approval is off the NYS Sourcewell Contract #020223-CEC. The motion was seconded by Councilman Rak and carried unanimously.

AUDIENCE CONCERNS
-NONE

SUPERVISOR PACOS

Councilman Lee made a motion to adopt the following resolution. The motion was seconded by Councilwoman Dennison and carried unanimously.

WHEREAS, The Town Board of the Town of Pomfret has been advised by engineers for the Town that a water holding tank and related appurtenances is part of an additional phase in the North End Water District; and
WHEREAS, potential sites have been reviewed by the engineer; and
WHEREAS, the Town Board deems it prudent to engage an appraiser to evaluate possible/potential property sites for this project; and
NOW THEREFORE, on motion of Councilman Lee seconded by Councilwoman Dennison, it is;
RESOLVED, that the Town Board of the Town of Pomfret does hereby engage ENPM, Inc., Tim Magyar Appraisers for the Town to prepare a preliminary restricted report on potential/possible property sites in the Town of Pomfret for said water holding tank at a cost not to exceed $2,000.00.

Motion Adopted on the Following Vote:
Supervisor Pacos-AYE
Councilman Rak -AYE
Councilman Lee-AYE
Councilwoman Dennison-AYE
Councilwoman Bashaw-AYE

Councilwoman Dennison made a motion approve the proposal from Dresher Malecki for audit services for December 31, 2026, and December 31, 2027. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Lee made a motion to approve the resolutions in support of applications for a management efficiency Grants including LGE grant to study sharing / consolidation of the Town Highway department with the Village DPW and possibly the Town of Dunkirk Highway department and the study of consolidation of dog control services between the Town of Pomfret, Town of Dunkirk, City of Dunkirk and Village of Fredonia. The motion was seconded by Councilwoman Dennison and carried unanimously.
Councilman Lee made a motion to accept the annual audit as presented for the two Court Justices. The motion was seconded by Councilman Rak and carried unanimously.
Approval for Supervisor and Facility Committee to sign the approval of final floor plans for new Town Hall, which has been tabled later this month
Councilman Lee made a motion to hold a Special Meeting at Town Hall 9 Day Street, Fredonia NY 14063 on Wednesday January 28th at 5:30 PM to approve the final new building floor plans. The motion was seconded by Councilwoman Bashaw and carried unanimously.

Councilman Lee made a motion to Approve contract with Municipal Solutions and authorize Supervisor Pacos to sign for 2026. This motion was seconded by Councilman Rak and carried unanimously
Zoning map Update –Tabled
Town Hall has received a standardized notice form for providing 30-day Advance notification of liquor license for Nana Peruvian Kitchen at 21 Prospect Street.
Councilman Lee made a motion to approve pay application #3 for S. St George Enterprises in the amount of $282,668.94 for our Van Buren Bay Water District Water project. The motion was seconded by Councilwoman Bashaw and carried unanimously.
Councilwoman Bashaw made a motion to authorize Supervisor to notify the Village of Fredonia that on or after July 15th we’ll be moving Water customers off in anticipation of adding the new water customers. The motion was seconded by Councilman Rak and carried unanimously.
Supervisor Pacos mentions he offered the use of our new Town Hall to area Police Departments to do trainings with K9 officers.
Councilman Rak made a motion to approve Supervisor Pacos to sign Rural Development Project Budget/ Cost Certification for the Van Buren Bay water project. The motion was seconded by Councilwoman Bashaw and carried unanimously.

COUNCILMAN LEE
-None

COUNCILMAN RAK
-None

COUNCILWOMAN DENNISON
-None

COUNCILWOMAN BASHAW
-None

TOWN ATTORNEY PASSAFARO
-None

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

Respectfully Submitted,

Town Clerk

January 14, 2026 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 14, 2026, at 5:30P.M.

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Samantha Kellogg
                                    Superintendent Jude Gardner

Councilpersons:
                                    Councilman Adam Rak
                                    Councilman Michael Lee
Councilwoman EvaDawn Bashaw
Councilwoman Kathleen Dennison

Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.

Swearing in of : Councilwoman Dennison
                           Councilman Lee
                           Superintendent Jude Gardner
                           Deputy Superintendent Jeffrey O’Brien
                           Deputy Clerk/ Deputy Tax Collector Alicia Green

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                           $ 12,000
Councilperson                         (4)        $ 4,500            (each)
Town Justices                          (2)        $ 18,387          (each)
Town Clerk                                         $ 49,920
Highway Superintendent                     $ 79,498

DULY MOVED by Councilwoman Bashaw seconded by Councilman Lee 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.

Harry Centner                         9/30/2026
Alan Shaw                              9/30/2027
Ann LaPaglia             9/30/2028
Roger Renswick                      9/30/2029
Michaelene Comerford           9/30/2030

DULY MOVED by Councilman Lee seconded by Councilwoman Bashaw and carried unanimously.

APPOINT DEPUTY SUPERVISOR AND SET SALARY

Councilman Rak appointed as Deputy Supervisor at the salary of $600.00 per year.

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Lee and carried unanimously with Councilman Rak abstaining.

APPOINT DEPUTY TOWN CLERK/DEPUTY TAX COLLECTOR

Town Clerk Samantha Kellogg appoints Alicia Green as Deputy Town Clerk and Deputy Tax Collector.

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Rak 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 Council Rak, seconded by Councilwoman Dennison and carried unanimously.

APPOINT HISTORIAN
Town Board appoints Lillian Pacos as Town Historian

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Lee and carried unanimously with Supervisor Pacos abstaining.

APPOINT ASSESSOR
Town Board reappoints Jeanne Ebersole as Assessor.

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

APPOINTMENTS AND SALARIES AS FOLLOWS:
Jeanne Ebersole – Assessor                                                    $101,958.00    per year
*The subject of a multi-municipal shared service agreement
Erin Sayers-Assessor Clerk                                                    $17.68             per hour
Board of Assessment Review                                                 $16.00             per hour
Warren Kelly-Code/Inspection Officer                                   $38,938.00      per year
Warren Kelly-Fire Inspector                                                   $7,571.00        per year
Jim McKillio- Deputy Inspection Officer                               $18.72             per hour
Nicole Waite-Secretary for Zoning & Planning Board               $17.89             per hour
David Penharlow- Zoning Enforcement Officer                    $8,436.00        per year
Samantha Kellogg       -Civil Defense Officer                        $150.00           per year
Christine Deker           -Court Clerk                                        $21.09             per hour
Heidi Sobecki- Court Clerk                                                    $21.63             per hour
Mark Dietzen -Court Officer                                                 $18.86             per hour
David Pleszewski-Court Officer                                             $18.86             per hour
Jeff Nickerson-Court Officer                                                  $18.86             per hour
Mike Callendar-Court Officer                                                $18.86 per hour
Patrick Ambrose-Town Constable                                          Fees As Allowed By State
Douglas Bunge-Town Constable                                            Fees As Allowed By State
Jeffrey Nickerson-Town Constable                                        Fees As Allowed By State
Juan Vazquez- Town Constable                                              Fees As Allowed By State
Samantha Kellogg -Registrar                                                 Fees As Allowed By State
Samantha Kellogg- Records Management officer                 Fees As Allowed By State
Alicia Green -Deputy Town Clerk                                          $17.68             per hour
Samantha Kellogg -Tax Collector                                           $7050.00         per year
Alicia Green -Deputy Tax Receiver                                        $3950.00         per year
Jeffrey Passafaro-Town Counsel                                            $190.00per hour/$210.00per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services                  $17,000.00      per year
Katelyn Mawhir-Pomfret Cemetery Sexton                           $17.68             per hour
Jude Gardner   -Cemetery Maintenance Supervisor                $3,800.00        per year
Dennis Maslak                                                                        $34.75            per hour
Loren Laurito                                                                          $36.23             per hour
Jeff O’Brien (includes $1.50/hr. for Deputy. Highway Superintendent)      $35.45             per hour
David Dunlap                                                                          $33.90             per hour
Bradley Jones                                                                          $26.23             per hour
Paul Kingsbury                                                                       $29.14             per hour
Tyler Haynes                                                                           $29.14             per hour
Dalton Gardner                                                                       $26.23             per hour
Jude Gardner   -Public Works Superintendent                        $2,400.00        per year
Jude Gardner – Water Dist System Operator                          $3,000.00        per year
Loren Laurito- Water Dist. System Operator                          $2,000.00        per year
Samantha Kellogg- 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
Lillian Pacos Town Historian                                                  $1,500.00        per year
Samantha Kellogg -Web Master                                             $500.00           per year
Samantha Kellogg-Cleaner                                                     $275.00           per month
Angela Mackowiak-Recreation Director                                $3,000.00        per year
Leanne Fabrizio                                                                      $21.63             per hour
Michael Riforgiato                                                                  $21.63             per hour

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

CBI Employees
Loren Laurito-Water Maint. Supervisor                                 $36.23             per hour
Wesley- Laborer                                                                      $19.47             per hour
Chris Surma- Laborer (PT)                                                     $21.37             per hour
Alicia Green- Billing Clerk (PT)                                            $17.68             per hour
Karen Trippy-Collection Clerk (PT)                                      $21.37             per hour
Samantha Kellogg- Accounts Payable Clerk                          $160.68           per month

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

SICK LEAVE, PAID HOLIDAYS, PERSONAL DAYS, AND VACATION FOR
FULL-TIME EMPLOYEES

Town Hall personnel working a minimum of 35 hours per week and all Highway
Department employees working a minimum of 40 scheduled hours per week be eligible
for sick leave, paid holidays, personal days, and vacation as follows:

SICK LEAVE
1.One (1) day earned per month; twelve (12) days earned per year.
2.After three (3) days, a doctor’s certificate is required.
3.Sick leave can be accumulated up to one hundred and sixty-five (165) days at full salary.

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

When/If Town Hall is closed – UNPAID a personal day / vacation day may be used

PERSONAL DAYS
(2) personal leave days per year.

VACATION
The first three months of continuous, new, employment there will be no given vacation time.
2.At the beginning of the fourth month of continuous employment, the employee shall receive one vacation day. At the beginning of the seventh month of continuous employment, the employee will receive an additional one-day vacation, and at the beginning of the tenth month of continuous employment, the employee will receive one day of vacation, not to exceed three days during their first full year of employment.

3. After completing:
One & Two Full Years                        One-week paid vacation /Five (5) days
Three & Four full years          Two weeks paid vacation /Ten (10) days
Five full years                         Three weeks paid vacation /Fifteen (15) days
Six full years                           Additional day /Sixteen (16) days
Seven full years                       Additional day /Seventeen (17) days
Eight full years                        Additional day/ Eighteen (18) days
Nine full years                         Additional day /Nineteen (19) days
Ten full years                          Additional day /Twenty (20) days
Maximum Paid Vacation        Twenty (20) Days

DULY MOVED by Councilwoman Lee, seconded by Councilwoman Bashaw 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.

DULY MOVED by Councilwoman Bashaw, seconded by Councilwoman Dennison and carried unanimously.

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.

DENTAL INSURANCE

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

1. Those eligible for participation in the plan shall all be full time employees of the Town
of Pomfret, the Highway Superintendent, and Town Clerk. The Town as the employer
shall pay fifty percent (50%) of the annual premium and the eligible employee or Town
official shall pay fifty percent (50%) of the premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town
of Pomfret may participate in the plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. It is the policy of the Town Board of the Town of Pomfret to make eligible for dental
insurance only active employees or officials and no benefits shall be offered or extended
nor shall this resolution be in any manner construed to extend any benefit under this plan
to any retired or former Town employee or official.

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 Councilwoman Dennison, seconded by Councilman Rak, and carried unanimously.

CLOTHING ALLOWANCES (HIGHWAY DEPARTMENT EMPLOYEES)

The following motion adopted January 5, 2000, and amended November 8, 2000, will
remain in effect:
The Town of Pomfret will provide a clothing reimbursement, including steel-toed work shoes
or boots, of $200.00 per calendar year to all full-time Town of Pomfret Highway
Department employees and the Highway Superintendent. To receive reimbursement
from the Town, the employee or Highway Superintendent must present an original paid invoice.

DULY MOVED by Councilman Rak, seconded by Councilwoman Bashaw 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 Bashaw, seconded by Councilman Lee and carried unanimously.

TOWN DEPOSITORIES

Approve M&T Bank, Community Bank, Lakeshore, MBIA CLASS Cooperative are designated as Town depositories. Town Supervisor and Deputy Supervisor are authorized as signatories on checks.

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Lee 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 Councilwoman Bashaw, seconded by Councilman Lee and carried unanimously.

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $.72.5 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 Lee, seconded by Councilwoman Bashaw 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 2025, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Robert Smith to serve on the Town Planning Board.

MEMBERS                 YEAR
Robert Dando             2026
Ashley Willebrandt      2027
Heather Lesch             2028
James Joy-Chairman   2029
Robert Smith               2030

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Lee 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 2025, with each term expiring the second Wednesday in January of the
year listed below and the reappointment of Raymond Lewandowski:

MEMBERS                            YEAR
Ruth Eckstrom                        2026
Michaelene Comerford           2027
Alex Moon                              2028
David Fridmann-Chairman     2029
Raymond Lewandowski         2030

DULY MOVED by Councilwoman Bashaw 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, 2025.

DULY MOVED by Councilwoman Rak, seconded by Councilman Dennison 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 Lee, seconded by Councilman Rak 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 Councilman Bashaw, seconded by Councilman Lee 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 Rak, seconded by Councilwoman Dennison 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 2026.

DULY MOVED by Councilwoman Bashaw, seconded by Council Lee 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 Lee, seconded by Councilman Rak 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 Councilman Dennison seconded by Councilman Rak 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 2026.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Supervisor Pacos as Chairperson of the Lily Dale Sewer District for the year
2026 with no financial compensation and Councilman Rak is appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Lee 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 2026 at a rate of $500.00 for the year.

DULY MOVED by Councilman Lee, seconded by Councilwoman Bashaw 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 Councilwoman Bashaw, seconded by Councilman Lee and carried unanimously.

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

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

DULY MOVED by Councilwoman Bashaw, seconded by Councilman Rak to adjourn the Organizational Meeting at 6:19 P.M. The motion carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

December 10, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:33 P.M. December 10, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                                          Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
                                                            Town Counsel Jeffrey Passafaro


COUNCILPERSONS:                       Adam Rak
                                                            Christopher Schaeffer 6:35 PM
                                                            Michael Lee
                                                            EvaDawn Bashaw

ABSENT:                                           Highway Superintendent Jude Gardner

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

Supervisor Pacos made a motion to appoint EvaDawn Bashaw                                                                                          to the open Town Council seat. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held November 12, 2025. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #12 of 2025. The motion was seconded by Councilman Lee and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman LEE-AYE
Councilwoman Bashaw- AYE

General Fund Town Wide                  $19,427.92
General Fund Part Town                    $1,975.24
Highway Fund Part Town                   $1,195.00
North End Water District                    $110.37
Lily Dale Water District                     $10,442.96
Lily Dale Sewer District                     $1,942.29
Capital Projects                                   $919,451,22
CBI                                                     $30,052.55

DULY MOVED by Rak to approve the following budget modifications. The motion was seconded by Council Schaeffer and carried unanimously.

GENERAL FUND TOWNWIDE
$1,200             FROM             A1990.4          Contingent Account
                        TO                   A1220.4          Supervisor Contractual

$2,100             FROM             A1990.4          Contingent Account
                        TO                   A1620.2          Independent Accounting

$4,000             FROM             A5010.1          Highway Supt. Clerk
                        TO                   A1410.4          Town Clerk Equipment

$3,000             FROM             A1420.4          Attorney Contractual
                        TO                   A1420.1          Attorney Personal Services

$4,377             FROM             A9060.8          Emp. Benefits Hospital & Medical
                        TO                   A1910.4          Special Items unallocated Insurance

$4,000             FROM             A8810.12        Cemetery Personal Services Seasonal
                        TO                   A8810.4          Cemetery Contractual

HIGHWAY FUND OUTSIDE VILLAGE
$1,000             FROM             DB9060.8       Employee Benefits Hospital & Medical
                        TO                   DB5110.41     General Repairs Fuel

$5,628             FROM             DB9060.8       Employee Benefits Hospital & Medical
                        TO                   DB5130.2       Machinery Equipment

$25,000           FROM             DB9950.0       Transfer to Capital Projects
                        TO                   DB5130.4       Machinery Contractual

Modify 2025 adopted budget by Increasing Revenue Account DB3501 CHIPS funding by $136,032 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $136.032.

Adjust for actual 2025 funding & rollover allocations of CHIPS, Pave NY, Extreme Winter Recovery, & POP Programs.

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the November 2025 report of monies collected. A total of 8,561.00 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT NOVEMBER 2025 is as follows:

Justice Dietzen
Total Cases: 89
Total Fines & Surcharges: $5.151.00
Cases dismissed: 23

Justice Cerrie
Total Cases: 158
Total Fines & Surcharges: $9.299.00
Cases dismissed:51

The monthly Code Enforcement report for November 2025 is on file in the Clerk’s office.
Town of Pomfret offices and buildings will be closed December 24th and 25th, 2025 in observance of the Christmas Holiday and January 1,2026 for New Years Day.
Town of Pomfret Clerks office will be closed December 24th 25th and 26th,2025 in observance of the Christmas Holiday.

HIGHWAY SUPERINTENDENT JUDE GARDNER

November work report was submitted to the board
Proposed Work List for 2026

AUDIENCE CONCERNS
Nancy Jankowski 4621 VanBuren Rd voices her concerns that her front lawn has been dug up. She was told there is preliminary work being done for the water line being put in come springtime. Nancy states she’s been to our Town meetings twice looking for answers to when there will be water for VanBuren road. Mentioning, she hasn’t been notified. Dan Pacos states she may have a current 10-foot easement, stating they were most likely doing soil samples. Her concerns are they’re going to have to go under her driveways and she hasn’t received any easement paperwork. The Town will put up plans in the boardroom of where the project will take place.

SUPERVISOR PACOS

Councilman Schaeffer made a motion to approve the renewal for the following 2026 contracts. The motion was seconded by Councilman Lee 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.

Supervisor pacos received documentation from the NYS unified Court system, reporting that all recommendations were implemented. Considering the Audit closed.
Public notice received for the AG District Inclusion Period.
Councilman Lee made a motion to Declare the following items as surplus, having no apparent municipal use and allow the Supervisor to advertise them for the sale to the highest bidder on auctionsinternational.com. The motion was seconded by Councilwoman Bashaw and carried unanimously.

*Successful bidder is responsible for all moving costs

- One Baldwin electronic church organ
- One Baldwin baby grand piano
- Two Everett spinet pianos
- Northwest Microfilm 20x20 reader (works)
- Micron microfiche reader (works)
- Lexmark x466 printer, scanner, copier
- Xerox Phaser 3250 desktop printer
- Olivetti 900X typewriter
- Switch Corona SD680 Word processing typewriter
- Floral print couch
- Panasonic Omnivision TV/VCR
- Sharp TV (Clamshell)
- Sharp VCR VC-A373
- Sharp VCR VC-A552
- Eiki Compact Disc/ Cassette Tape player 7010
- 3- Rolling AV equipment Carts
- Samsun VRB460 stereo VCR player
- Yamaha Keyboard - no power cord
- Portable Chalkboard
- 10 Drawer locking Microfilm Cabinet
- 5 Drawer Non locking microfilm cabinet
- Overhead projector
Councilman Rak made a Resolution to authorize final payments for Rural Development long term loan for financing/closing in the amount of $267,400.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaffer made a motion to authorize Supervisor to sign and approve the 2nd applicant payment application for S. St George Enterprises in the amount $642,462.43. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to authorize Supervisor to sign and approve the amending of VanBuren Bay water District totally the project of $2,495,000.00. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the Contract for Hazard Materials testing with Watts Engineering at the new Town hall not to exceed $6,500. The motion was seconded by councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion for a Request for waiver of the 30-Day Municipality notification located at 4699 Berry Rd. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos announces we’ll be having a Holiday lunch in for Pomfret employees Friday December 19,2025 at 12:00pm.
Supervisor notes he’s indicated to the County that Town of Pomfret has interest in hosting micro nuclear powerplant at our industrial zone property.
Supervisor provided the board with his project status report.
Councilwoman Bashaw made a motion to approve Wreaths across America to use the cemetery chapel on December 13,2025 for wreath making for Veterans grave sites. The motion was seconded by Councilman Rak and carried unanimously
Update on Zoning map. We’ve received another map change from the planning board. The industrial zone is not zoned employment center. Tabled till next month.
Next month at our Organizational meeting Supervisor Pacos will be appointing Councilmembers to committees for the new year.
Supervisor Pacos wished all a Happy Holiday.

COUNCILMAN RAK
-No Report

COUNCILMAN SCHAEFFER
-Thanks everyone for being on board with him, it’s been his honor to serve on this board for the past 12 years.
-Supervisor Pacos thanks Schaeffer for his service.

COUNCILMAN LEE
-No Report

COUNCILMAN BASHAW
-No report

TOWN ATTORNEY PASSAFARO
-makes note that he’s had a meeting with the assessor on their open tax cases, they’re proceeding with through the court system. He’ll keep us posted on more information to come.

DULY MOVED by Councilwoman Bashaw to adjourn the Regular Town Board Meeting at 7:10P.M. The motion was seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

November 12, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. November 12, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063
                                                Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT:                              Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner

COUNCILPERSONS:           Adam Rak
                                                Michael Lee

ABSENT:                               Christopher Schaeffer

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

DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held October 8, 2025. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting for the Local Law, and workshop meeting Minutes held October 15, 2025, for. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Lee to accept the minutes of the Public hearing Minutes held November 6, 2025, for the Lily Dale Fire Contract. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the Public hearing Minutes held November 6, 2025, for the 2026 Budget Tax Cap override. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting Minutes held November 6, 2025, for the 2026 Budget. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2025, with the addition for Hartgen Archeological Associates. The motion was seconded by Councilman Rak and carried by a roll call vote.
Voucher #                  Claimant                    Amount                      Budget Code
        52862                           Hartgen            $6,540.00                                H8320.2
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-ABSENT
Councilman Lee- AYE

General Fund Town Wide                  $25,015.04
General Fund Part Town                    $24,294.13
Highway Fund Part Town                   $34,880.35
Berry Water District                           $11,290.31
Chestnut Water District                      $2,927.09
North End Water District                    $92,286.38
Lily Dale Water District                     $5,512.56
Rt. 20 Water District                           $66.28
Rt. 60 Sewer District                          $1,129.68
Lakeview Sewer District                    $63.51
Lily Dale Sewer District                     $1,724.13
Sewer 1                                               $1,985.37
Sewer 2                                               $1,348.91
Capital Projects                                   $233,406.83
CBI                                                     $26,772.29

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the October 2025 report of monies collected. A total of $37,580.75 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT OCTOBER 2025

Total Cases
Total Fine & Surcharges
Cases Dismissed

Justice Cerrie
181
$10,961.00
41

Justice Dietzen
183
$13,668.00
47

The monthly Code Enforcement report for October is on file in the Clerk’s office.
The Fredonia Fire Departments monthly report is on file in the Clerk’s office.
Pomfret Offices and buildings will be closed Tuesday, November 11, 2025 in Veterans Day, Thursday, November 27, Friday, November 28, 2025, in observance of the Thanksgiving Holiday.
Councilman Rak made a motion to approve remaining sewer fees for resident residing at 1 First Street Lily Dale, in the amount of $281.00 for a leak from last quarters water billing for this specific circumstance only. The motion was seconded by Councilman lee and carried unanimously.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The October work report was shared with the board.
Councilman Rak made a motion to pass a resolution to agree to the undertaking agreement for the Highway annual Permit, authorizing Jude Gardener to sign and submit. The motion was seconded by Councilman Lee and carried unanimously.

AUDIENCE CONCERNS

Holly Kluck thanks the highway department for Trimming the ditch multiple times.
Highway superintendent states they’re still working on them as the mower is currently down for maintenance.

SUPERVISOR PACOS

Councilman Lee made a motion to approve the 2026 Preliminary Budget as amended at the Special Meeting with the following rates: ---Townwide Rate is 4.4964641 ($ .17 increase)
-Additional Outside Village rate is 4.2512025

-Total Outside Village is 8.7476666 ($.17 increase)
The motion was seconded by Councilman Rak and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Rak
Councilman Schaeffer- ABSENT
Councilman Lee-AYE

Councilman Rak made a motion to authorize Supervisor Pacos to pay all year end bills by 12/31/25. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos made a motion to schedule the 2026 Organizational Meeting for Wednesday, January 14, 2026, at 5:30 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve contract with Municipal Solutions for continuing financial reporting. The motion was seconded by Lee and carried unanimously.
Councilman lee made a motion for the request of the 30 day Municipality notification on 5362 W. Lake Rd Dunkirk NY 14048 for premise Liquor License. The motion was seconded by Councilman lee and carried unanimously.
Councilman Rak made a motion to accept resignation of Joshua Dobbs effective 10/17/2025 with regret. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to receive a Donation in the amount of $1847.00 for the 2026 Rec Department Budget from the Greg Buckley and Sami Manirath Memorial Golf Tournament. The motion was seconded by Councilman Rak and carried unanimously.
Supervisor Pacos Thanks them and mentions they also made a Donation to the Village of Fredonia for the Rec Department as well.
Supervisor Pacos mentions we hosted the Community wide food collection for the Chautauqua County Rural Ministry thanksgiving basket project this past weekend from Saturday 12:00 PM – 3:00 PM and Sunday 9:00 Am to 12:00 PM. We collected 110 turkeys and several thousand dollars, biggest donations we’ve had in a long time. Dan wants to thank everyone who helped and donated!
Councilman Rak made a motion to approve a contract with Legend Advanced for repairs on the pumpstation for Lily Dale WWTP not to exceed $25,000.00. The motion was seconded by Lee and carried unanimously.
Councilman Rak made a motion to approve the Intermunicipal cooperation agreement for the shared assessor’s office beginning October 1 2025 running through the end of Jeannes appointment. Including Towns of Pomfret, Hanover, Dunkirk, Portland and Arkwright. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion for approve the quote from CV3 Architectural PC to adopt Town zoning maps. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the pay application for S. St George in the amount of $107,788.19 for the Van Buren Bay water line replacement contract. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to approve Supervisor Pacos to sign Rural Development project budge / cost Certification for the Van Buren Bay Water District project. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the following resolution.

TOWN OF POMFRET
VAN BUREN WATER DISTRICT IMPROVEMENST
PROJECT BUDGET MODIFICATIONS

            WHEREAS, the Town of Pomfret has received funding from Rural Development for their Van Buren Water District Improvements project (“Project”); and

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

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

            RESOLVED, that the Town Board of the Town of Pomfret authorize the following budget modifications for the Project:

                        Fiscal Coordination                              Increase of         $18,000.00

            I, Samantha Kellogg, Town Clerk of the Town of Pomfret, do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Pomfret on November 12, 2025, by following vote:

Daniel Pacos, Supervisor                                                        AYE
Michael Lee, Councilperson                                                   AYE
Adam Rak, Councilperson                                                      AYE
Christopher Schaeffer, Councilperson - ABSENT

The motion was seconded by Councilman Lee and carried unanimously.

Councilman Lee made a motion to approve payment with Hargen Archeological Associated for Phase II of the North End Water District Project in the amount of $6,541.00. The Motion was seconded by Councilman Rak and carried unanimously.
Supervisor Pacos made a motion to approve contract with CPL for architectural and construction management services for the new Town Hall building project. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos mentions CPL is working on a new Floor plan for Pomfret, as Dunkirk has decided to not move forward with shared spaces. We’ll be looking at about a year until we can move in.
Supervisor Pacos discusses the issue with the property at 4548 VanBuren Rd, stating Code Enforcement officer Warren issued the structure as unsafe as of September 2022. There was a letter sent to the Executor of state in March of 2025 unnamed to the address with notice of Violations. An unsafe building notice went out to party’s involved with the property.
Supervisor Pacos gives updates for the Zoning Law stating it needs adjustments, several of the parcels on Route 60 and Webster road area were mislabeled on the map. We were also missing the existing Battery storage law. It has now been incorporated and adjusted.

COUNCILMAN RAK
-NONE

COUNCILMAN SCHAEFFER
-ABSENT

COUNCILMAN LEE
-NONE

TOWN ATTORNEY PASSAFARO

DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:12 P.M. The motion was seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

November 6, 2025 Special Meeting Minutes

          SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:46 P.M. November 6, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                                Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT:                              Town Counsel Jeffrey Passafaro


COUNCILPERSONS:           Christopher Schaeffer
                                                Adam Rak

ABSENT:                               Michael Lee


Supervisor Pacos moves into the Special Town board meeting for the purpose of adopting the tax cap override law for the budget year of 2026, accepting agreement with Lily Dale Fire Department for fire protection, and approve the Special District assessments for Berry Rd and Chestnut Rd Water Districts.

Councilman Schaeffer made a motion to adopt the following local law. The motion was seconded by Councilman Rak and carried unanimously.
Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2026 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

Section Two – Authority:                  This Local Law is adopted pursuant to subdivision five of General Municipal Law, Section 3-c, which authorizes the Town Board to override the tax levy limit set forth in the statute by adoption of a local law approved by a vote of sixty (60%) percent of the Town Board, adopted prior to the adoption of the budget by the Town Board.

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2026 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

Section Four – Severability:              If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment or order shall be rendered by a court of competent jurisdiction.

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into an agreement with the Lily Dale Fire Company for fire protection for the year 2026 in an amount not to exceed $36,428.00. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion to approve the Special District assessment for the Berry Road Water District as modified after the public hearing. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion to approve the Special District assessment for the Chestnut road Water District as modified after the public hearing. The motion was seconded by Councilman Rak and carried unanimously.

With no additional comments or concerns by the public, a motion was made by Councilman Rak seconded by Councilman Schaeffer to close the Public Hearing at 5:55 P.M. The motion carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

November 6, 2025 Public Hearing Meeting Minutes

            PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 6, 2025 at 5:44P.M. at the Town Hall, 9 Day Street, Fredonia, New York.

PRESENT:                            Supervisor Daniel Pacos
                                                Town Clerk Samantha Kellogg
                                                Town Attorney Jeffrey Passafaro

COUNCILPERSONS:         Councilman Rak
                                                Councilman Christopher Schaeffer

ABSENT:                              Councilman Lee


The Public Hearing is being held for the purpose of the 2026 Budget. Town Clerk Kellogg provided proof of posting and publishing.

Supervisor Pacos noted the 2026 Preliminary Budget reflects a town wide rate of 4.4964641, a 3.84 increase with additional outside Village Rate of 4.2512025 increase, and total Outside Village rate of 8.7476666 . Supervisor Pacos went through the rates and figures within the budget and explained the Town must enact a local law to override the tax cap because of the Pomfret/Fredonia Fire Protection contract renewal.

With no questions, comments, or concerns from the public, a motion made by Councilman Schaeffer seconded by Councilman Rak to close the Public Hearing at 5:46 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

November 6, 2025 Public Hearing Meeting Minutes

PUBLIC HEARING of the Town of Pomfret held Wednesday, November 06, 2025, at 5:35P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.

PRESENT:                            Supervisor Daniel Pacos
                                                Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro

COUNCILPERSON:           Councilman Rak
                                                Councilman Christopher Schaeffer

ABSENT:                             Councilwoman Lee

Town Clerk Kellogg produced proof of posting and publication.

Supervisor Pacos stated the tax override is necessary for this coming budget year because of the Special District assessment with Berry Rd and Chestnut Rd Water District.

The purpose of this public hearing is to hear public comments on proposed a local law to override the tax cap limit for the budget year of 2026.
Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2026 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

Section Two – Authority:                  This Local Law is adopted pursuant to subdivision five of General Municipal Law, Section 3-c, which authorizes the Town Board to override the tax levy limit set forth in the statute by adoption of a local law approved by a vote of sixty (60%) percent of the Town Board, adopted prior to the adoption of the budget by the Town Board.

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2026 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

Section Four – Severability:              If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment or order shall be rendered by a court of competent jurisdiction.

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

With no further public comment the public hearing was closed at 5:37 P.M. by motion of Councilman Rak and seconded by Councilwoman Schaeffer and carried unanimously.

Respectfully submitted,

Samantha Kellogg
Pomfret Town Clerk

November 6, 2025 Public Hearing Meeting Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held at
5:30 P.M. November 6, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                            Supervisor Daniel Pacos
                                                Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro

COUNCILPERSONS:         Adam Rak
                                                Christopher Schaeffer

ABSENT:                              Michael Lee

The Pledge of Allegiance was recited and led by Supervisor Pacos prior to opening the Public Hearings.

Supervisor Pacos opened the Public Hearing for the purpose of the 2026 Lily Dale Fire Contract. The purposed amount for the 2026 contract is $36,428.00. This increase is due to the addition of the new engine to replace the old E-152.
Town Clerk Kellogg provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2026 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 $36,428.00 for the terms of this contract to be paid on or before April 1, 2026. 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, 2026, and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2026, 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 Rak to close the Public Hearing at 5:35 P.M. The motion carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

October 15, 2025 Special/ Work Shop Town Board Meeting Minutes

Special Meeting/Workshop of the Town Board of the Town of Pomfret held at
5:30 P.M. October 15, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT:                              Adam Rak
                                                Christopher Schaeffer
                                                Michael Lee

ABSENT:

The Special Meeting for the Town of Pomfret was held on Monday, October 15, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 5:30 P.M. Supervisor Pacos called the Meeting to order by leading the Pledge of Allegiance.

The purpose of this Special Meeting was to call a public hearing on local law, and any other business that may lawfully come before the board.

Councilman Lee made a motion to schedule a Public Hearing for November 6, 2025, at Pomfret Town Hall, 9 Day Street, Fredonia, starting at 5:30 of the following matters listed below. The motion was seconded by Councilman Rak and carried unanimously.
- 5:30 PM – Public Hearing for Lily Dale Fire Protection contract.
- 5:35 PM – Public Hearing for the proposed local law to override the tax cap.
- 5:40 PM – Public Hearing for the 2026 Preliminary Budget.

The purpose of this Budget Workshop was for the Town Board members to listen and review the budget requests for 2026 from the Pomfret Department Heads.

DULY MOVED by Councilman Schaeffer to make the following changes to the 2026 Tentative Budget. The motion was seconded by Councilman Rak and carried unanimously.

Account                                  Code          2025 Tentative Amount          Changed To
Contractual Exp                      A1110.4                  $18,500                           $16,500
Unallocated Ins.                      A1910.4                  $96,000                           $100,000
Assessment Agreement          A2228                     $133,823                         $138,700

DULY MOVED by Councilman Lee, seconded by Councilman Rak to cancel the following workshops. The motion carried unanimously.

October 21,2025, 5:30 PM
October 23,2025, 5:30 PM
October 28,2025, 5:30 PM

DULY MOVED by Councilman Rak to adjourn the Workshop Meeting, seconded by Councilman Schaeffer, and carried unanimously. Time: 6:29 P.M.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

October 8, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. October 8, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro

COUNCILPERSONS:           Adam Rak
                                                Christopher Schaeffer
                                                Michael Lee

ABSENT:                               Highway Superintendent Jude Gardner

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

DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held September 10, 2025. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the Special Meeting held October 1, 2025. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2025 with 3 additions for Big Dog Gravel Products, Lawley Traditions, and N. Mathews Enterprises Inc. The motion was seconded by Councilman Lee and carried by a roll call vote.

Voucher #                  Claimant                    Amount                      Budget Code
52722              Big Dog Gravel Products        $1,286.00                    DB5110.4
52723                   Lawley Traditions              $11,963.10                  A1910.4
52697              N. Mathews Enterprises          $10,714.25                  H8810.2

Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE

General Fund Town Wide      $53,557.37
General Fund Part Town        $295.07
Highway Fund Part Town       $130,580.82
Berry Water District               $149.74
Chestnut Water District          $124.17
North End Water District        $199.29
Lily Dale Water District         $852.50
Lily Dale Sewer District         $2,667.44
Route 20 Water                       $65.00
Route 20 Sewer                       $41.48
Capital Projects                       $29,721.94
CBI                                         $313,137.28

SCHEDULED VISITORS
Paul Dudkawski presented three new site plans for the New Town Hall. Giving detailed benefits of each individual plan. With Dunkirk Town Hall teetering the option of merging with the Town of Pomfret they were invited to the presentation. After hearing all options, both the Town of Pomfret and Town of Dunkirk agreed that the third option would be the best fit giving us the opportunity to have both Towns on the same side of the building and giving us separation from the public areas such as the Court and Senior center.

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the September 2025 report of monies collected. A total of $9,703.25 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT JULY 2025

Justice Cerrie
Total Cases 167
Total Fine & Surcharges $10,705
Cases Dismissed 54

Justice Dietzen
Total Cases 105
Total Fine & Surcharges $6990.00
Cases Dismissed 28

The monthly Code Enforcement report for September 2025 is on file in the Clerk’s office.
Pomfret Offices and buildings will be closed Monday, October 13, 2025, in observance of Columbus Day.

AUDIENCE CONCERNS

Resident Fred Privitere at 490 Chestnut Street attends the meeting to voice his concerns about where the easement for the new water project will take place on his property. Also asking what the time frame is and how long it will take?
Supervisor Dan Pacos answers with we’ll have to get in contact with CPL for those details.
Fred also mentions his concerns about 4548 VanBuren Rd, that has burned down and hasn’t been taken care of, and it’s been years. He’s concerned about rodents and debris not being handled properly.
Supervisor Dan Pacos references contacting the Code Enforcement offices to check in on the ordinance of the situation.
Fred states he’s already contacted him years back and nothing is being done about it, asking why it has taken so many years for anything to be done with the property.
Supervisor Dan Pacos states he’s spoken to our code enforcement officer on this issue and Warren stated he’s sent this issue to the Town Court system and we’re just waiting for answers.
Fred also brought up the fact of semi-trucks going up and down VanBuren road – mentioning he doesn’t believe its Zoned for that.
We will bring this up to the highway superintendent to check on the matter.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The September work report was shared with the board.
Councilman Lee made a motion with the recommendation of CPL to award Hartgen in the amount of $32,7000.00 for the proposal for North end water district Phases 2 & 3 SHPO Phase 1B survey. The motion was seconded by Councilman Rak and carried unanimously.

SUPERVISOR PACOS

Supervisor Dan Pacos Presents a Proclamation to Connie Griffith.

PROCLAMATION “FEED FREDONIA”
WHEREAS hunger and poverty are issues of grave concern for each of us, and we are dedicated to the idea that no one should go hungry; and
WHEREAS hunger affects an estimated 30 million people, including 12 million children in the U.S.; and
WHEREAS more than 55% of The Town of Pomfret’s school children qualify for free school lunch; and
WHEREAS the congregation of the Fredonia Presbyterian Church on Central Avenue seeks to engage our citizens in the fight against hunger and poverty; and
WHEREAS the church is sponsoring the “Fill The Fred Basket,” a two-week long endeavor to collect 25,000 pounds of food for the Fred Basket Food Pantry & Community; and
WHEREAS the challenge runs from October 12th through October 25th, 2025 and students, businesses, and organizations have already committed to work towards this goal, including the Fredonia Central School District and Fredonia State University; now, therefore,
I, Daniel Pacos, with the power vested in me as Supervisor of the Town of Pomfret, New York, do hereby officially proclaim Sunday, October 12 through Sunday, October 25, as Fill the Fred Basket DAYS in the town of Pomfret and request residents to support this worthwhile cause by collecting and donating food.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Seal of the Town of Pomfret, New York, to be affixed to this document this 8th day of October in the year 2025.
Daniel Pacos
Pomfret Town Supervisor

Supervisor Pacos also mentions we’re still going to Host our community food collection for rural ministries Thanksgiving food basket project, we’ll have a truck here Saturday November 8th, and Sunday November 9th till 12:00pm. These donations will go to the Rural Ministry and are welcome to anyone.
Councilman Schaeffer made a motion to approve Festivals of Fredonia to use Forest Hill Cemetery for Harvest Moon Cemetery tours on Friday October 17, Saturday, October 18th from 5:00PM to 12:00AM, with the approval of Dress rehearsal being held on October 15th from 5:00PM to 9:00PM. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to approve the following resolution, seconded by Councilman Rak and carried unanimously.

A RESOLUTION SUPPORTING CHAUTAUQUA COUNTY EXECUTIVE PAUL M. WENDEL JR.’S PROPOSAL TO ESTABLISH A GOVERNMENT EFFICIENCY FUND TO ENCOURAGE SHARED SERVICES, MERGERS, CONSOLIDATIONS, AND DISSOLUTIONS
WHEREAS, the Town of Pomfret recognizes the importance of maintaining fiscal responsibility and minimizing the financial burden on local taxpayers; and,
WHEREAS, increasing costs and the complexity of providing municipal services require innovative and cooperative approaches to governance at the local level; and,
WHEREAS, Chautauqua County Executive Paul M. Wendel Jr. has proposed the creation of a Government Efficiency Fund to assist municipalities in covering the upfront costs associated with exploring shared services, consolidations, mergers, and dissolutions with the goal of this fund being to reduce redundancies, streamline operations, and eliminate duplicate efforts, ultimately leading to significant cost savings; and,
WHEREAS, such a fund would provide critical financial support for feasibility studies, legal and administrative costs, and other necessary steps that often present a barrier to initiating conversations about restructuring and collaboration; and,
WHEREAS, the Town of Pomfret believes that cooperation among neighboring municipalities is essential in the pursuit of more efficient and cost-effective government operations, with the ultimate goal of improving service delivery and reducing costs to residents;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Pomfret, New York, hereby expresses its full support for County Executive Paul M. Wendel Jr.’s proposal to establish a Government Efficiency Fund to aid local governments in pursuing shared services and structural reform initiatives; and,
BE IT FURTHER RESOLVED that the Town of Pomfret is committed to being an active and willing partner in future discussions and explorations of shared services, consolidations, mergers, or dissolutions, where such actions may benefit taxpayers and enhance government effectiveness; and,
BE IT FURTHER RESOLVED that the Town Clerk will send a certified copy of this resolution to all neighboring municipalities within Chautauqua County, inviting them to consider whether there may be mutual interest in exploring opportunities for shared services, consolidations, mergers, or dissolutions. The Town of Pomfret is open to engaging in discussions with any interested municipalities and is committed to working cooperatively to identify ways we can improve efficiency, reduce costs, and better serve our residents. We extend this invitation in the spirit of collaboration and fiscal responsibility and welcome any communities who may wish to explore these possibilities together.

Councilman Schaeffer made a motion to appoint Adam Rak as Deputy Town Supervisor effective October 8, 2025, till the end of December with stipend prorated. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Schaeffer made a motion to approve Adam Rak as a signatory for the remainder of the year to sign vouchers and checks. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Rak made a motion to authorize payment of credit card bills when received to avoid late charges. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor Pacos shares with the Board the Thank you Card we received from Annemarie Johnstons family for sending flowers.
Councilman Lee made a motion to schedule a public hearing on November 6, 2025, at Pomfret Town Hall, 9-day Street, Fredonia, at 5:30 P.M for Lily Dale Fire protection district contract. The motion was seconded by Councilman Rak and carried unanimously.

Councilman Rak made a motion to schedule a Public Hearing for November 6, 2025, at Pomfret Town Hall, 9 Day Street, Fredonia, at 5:35P.M. for the Budget Meeting and Special District. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve Trick or Treating hours, on Friday, October 31, 2025, from 4:30P.M. to 8:00P.M. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to approve the hiring of Jaun Vazques as a part time court officer at the rate of $18.13 an hour. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the hiring of Joshua Dobbs as a part time assistant code officer at the hourly rate of $18.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Village Trunk or Treat will be held October 25,2025 at Russell Joy Park from 11:00 AM to 1:00 PM
Supervisor Pacos Gives updates on the Following:
- Pioneer Cemetery wall is under reconstruction again and will be completed soon.
- VanBuren Bay Water District improvement project is on its way to getting started, we’re currently waiting for fire hydrants.
- There was a meeting for the Northend water District Phase 2 project – Eric from CPL is Currently mapping out how much property we need. Hoping to put the project out to bid shortly now that we know where the tank will be placed.
- Checking with the County to see if we can move some of our Customers on Route 60 and 20 over to North County water so we can add the new customers on the west side of town and not put strain on Fredonia’s system.
- Supervisor Pacos has been working with Town Attorney Jeffrey Passafaro to get a new intermunicipal agreement created with Villa Nova dropping out for this year, and Town of Arkwright is looking at coming in.

COUNCILMAN RAK

Brings the attention to ask if we’ve received a quote from J.B Bell for the roof that has a leak at the plant, so it can get approved and get moving on the repairs.
Clerk Kellogg mentions she hasn’t received any emails with any quote, but to get them over so that we can approve at the next Town board meeting.

COUNCILMAN SCHAEFFER

NO REPORT

COUNCILMAN LEE

NO REPORT

TOWN ATTORNEY PASSAFARO

NO REPORT

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting, seconded by Councilman Rak at 7:49 P.M and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

October 1, 2025 Special Town Board Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. October 1, 2025 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg

COUNCILPERSONS:
Adam Rak
Christopher Schaeffer
Michael Lee

ABSENT:       Town Attorney Jeffrey Passafaro


The Pledge of Allegiance of the Flag was recited to begin the Special Meeting led by Supervisor Pacos.
The purpose of this Special Meeting of the Pomfret Town Board is for the Town Clerk to present the 2026 Tentative Budget to the board.

The Town Clerk presented the Tentative 2026 Budget to the Town Board. The 2026 Budget reflects an increase of 0.19 for the townwide rate and 0.19 increase additional outside village rate. This budget reflects $19,717.00 over the tax cap limit. This is due to the additional assessment of Berry & Chestnut Water Districts. The board will have to hold a public hearing and adopt a local law to override the 2% tax cap.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Lee to adjourn the Special Town Board Meeting at 5:18 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

September 10, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 10, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                              Supervisor Daniel Pacos
                                                Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro

COUNCILPERSONS: Ann Eckman
                                                Adam Rak
                                                Christopher Schaeffer
                                                Michael Lee

ABSENT:                               Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the August 13, 2025, 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 August 13, 2025, Public Hearing Meeting for the Amendment of the Town sewer rates. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilman Lee to accept the minutes of the August 13, 2025, Public Hearing Meeting on the Local Zoning Law update. 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 2025. 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 Schaeffer -AYE
Councilman Lee- AYE

General Fund Town Wide      $13,864.86
General Fund Part Town        $     893.06
Highway Fund Part Town       $18,216.13
Berry Water District $       23.79
North End Water District $ 3,335.09
Lily Dale Water District $ 6,907.41
Lily Dale Sewer District $     886.21
Capital Projects $10,390.00
CBI $25,599.01

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

DULY MOVED by Councilwoman Eckman to approve the following budget transfers. The motion was seconded by Councilman Rak and carried unanimously.

GENERAL FUND TOWNWIDE
Budget Transfer
            $627.00         FROM               A1990.4          Contingent Account
                                        TO               A1920.4          Municipal Dues
            $1,000           FROM               A1190.4          Contingent Account
                                        TO               A1220.4          Supervisor Contractual
            $265              FROM               A5010.1          Highway Supt. Clerk
                                        TO               A5010.2          Highway Supt. Clerk
            $556              FROM               A9010.8          Employee Benefits State Retirement
                                        TO               A9050.8          Employee Benefits Unemployment

GENERAL FUND OUTSIDE VILLAGE
Budget Transfer
            $2,000           FROM               B3620.11        Safety Inspection Deputy
                                        TO               B3620.4          Safety Inspection Contractual

HIGHWAY FUND OUTSIDE VILLAGE
Budget Transfer
            $3,000           FROM               DB9060.8   Employee Benefits Hospital & Medical
                                        TO               DB9055.8   Employee Benefits Disability Insurance

DULY MOVED by Councilman Rak to approve the following budget modifications. The motion was seconded by Councilman Schaeffer and carried unanimously.

GENERAL FUND OUTSIDE VILLAGE
Modify 2025 adopted budget by increasing expenditure line B7140.4 Playgrounds & Recreation Contractual by $6,000 and by increasing Revenue Line B2705 Gifts & Donations by $6,000.

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the August 2025 report of monies collected. A total of $9,850.00 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT JULY 2025

Justice Cerrie
Total Cases 69
Total Fine & Surcharges $6,882.00
Cases Dismissed 7

Justice Dietzen
Total Cases 144
Total Fine & Surcharges $9,031.00
Cases Dismissed 47

The monthly Code Enforcement report for August is on file in the Clerk’s office.
The Fire Departments Report for August is on file in the Clerks office.

AUDIENCE CONCERNS

Bob Ruther from Cassadaga speaks on behalf of Nancy Wickmark about the NY Forward program for Cassadaga. They’re looking at opening a Senior living center and daycare behind Shur Fine in Cassadaga.
Nancy Wickmark came in late and wanted to re-iterate about the NY forward Grant that Bob Ruther Spoke about. She thanks Pomfret for giving a letter of support that was submitted in 2025. They received feedback from the review community, stating they did a great job with the story, but they didn’t complete it. We need economic development commitments, we had concepts – and those cannot be funded. They’re going to work on building business partners with commitments for our Senior living and early childhood center complex. They’re requesting someone come be part of their core team from the Town of Pomfret. Stating their meetings are every first and third Monday of the month at 7:00 pm in Cassadaga and the library.
Superviosor Pacos states he’ll try and make it to their next meeting.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The August work report was shared with the board.
Councilwoman made a motion to approve Highway superintendent to purchase a Pro-Tech SPL-12 Snow pusher for loaded in the amount of $8,824.00. The motion was seconded by Councilman Rak and carried unanimously.

SUPERVISOR PACOS

Councilwoman Eckman made the motion to schedule the following 2026 Budget Workshops of the Pomfret Town Board at 5:30 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia with no action to be taken other than the workshop meeting; seconded by Councilman Rak and carried unanimously:
- October 15, 2025, 5:30 p.m.
- October 21, 2025, 5:30 p.m.
- October 23, 2025, 5:30 p.m.
- October 28, 2025, 5:30 p.m.
Councilman Schaeffer made the motion to schedule a Special Meeting for Presentation of the Tentative Budget by the Town Clerk on October 1,2025 at 5:00 P.M at Pomfret Town Hall, 9 Day Street, Fredonia Motion seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to re-adopt Local Law #1 of 2025 Due to a typo. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion with regret to accept the resignation of James McKillip, Assistant Code Enforcement officer effective August 8, 2025. The motion was seconded by Councilman Schaeffer and carried unanimously.
Council Rak made a motion to approve James McKillip as the CEO code enforcement officer to cover for Warren Kelly as needed on per diem hourly basis at his previously rate of pay. The motion was seconded by Councilman Schaeffer and carried unanimously.
Council Schaeffer made a motion to approve Ann Renckens to assist Cemetery Sexton Katie Mawhir as needed as of September 8,2025 at the rate of $17.00 hr. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Schaeffer made a motion to approve the following resolution. The motion was seconded by Councilman Lee and carried unanimously.

TOWN BOARD, TOWN OF POMFRET
RESOLUTION ON SEQR
FOR IMA, FREDONIA
NEGATIVE DECLARATION

WHEREAS, The Town Board of the Town of Pomfret, at its September 10, 2025 meeting, has before it a proposed Intermunicipal Agreement between the Town of Pomfret and the Village of Fredonia concerning a potential coordination project for water storage tank, pump station and necessary equipment thereto; and
WHEREAS, the Town of Pomfret has already approved a water storage tank and pump station project as part of its North End Water District; and
WHEREAS, as part of that proceeding the Town Board of the Town of Pomfret has already issued a negative declaration with respect to the matter and approval of that project; and
WHEREAS, the IMA before the Board now is an expression of intent to do a coordinated project for the same type of apparatus, storage tank and pump station, although larger in size to accommodate both municipalities; and
WHEREAS, the IMA is subject to approval by the Village Board and funding by grant funders to which applications will be made by the Town and Village.
NOW THEREFORE, on Motion of Councilman Schaeffer seconded by Councilman Lee; it is
RESOLVED, that the Town of Board of the Town of Pomfret hereby declares a negative declaration under SEQR as it pertains to this specific Intermunicipal Agreement for a water storage tank and pump station with associated equipment.
Resolution Duly Adopted. All Voting AYE

Councilman Lee made a motion to approve IMA between Village and Town for upsized water storage tank and pump station in our North End water district. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve the extension of the Special Use Permit for the Webster Rd. Solar Project located at 4825 Webster Rd., for one year, expiring NOVEMBER 11, 2025. 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.

TOWN BOARD, TOWN OF POMFRET
RESOLUTION FOR
EMERGENCY WORK AT HIGHWAY GARAGE

WHEREAS, the Town Board has been advised by the Highway Superintendent and the Town’s consulting engineer that severe corrosion has been observed on a few columns which are support elements at the highway garage; and
WHEREAS, in the opinion of both the Highway Superintendent and the consulting engineer, such needs to be addressed immediately to avoid potential failure of the support columns; and
WHEREAS, the Town Board has been advised by the Highway Superintendent that these support columns support the only bays for the Town’s snowplow trucks; and
WHEREAS, it is already mid-September and the potential work will take some time to do but it appears that this must be accomplished prior to the onset of the snowplowing season.; and
NOW THEREFORE, after due deliberation the Town Board of the Town of Pomfret does hereby declare that in its opinion based upon the reports from the Highway Superintendent and the Town’s engineers that this situation would appear to qualify as an exception to the public bidding requirement under GML Section 103 in that this is an unforeseen occurrence which must be addressed and is a public safety issue to the Town and its Highway Department employees and equipment; and be it
RESOLVED, that the Highway Superintendent be authorized to engage A Carapella Masonry to install 2 new steel supporting columns, removal of the existing failing support columns, and associated concrete work to set the columns in place and reinstall door apparatus at a cost of labor and materials not to exceed $35,000.00.
Motion made by Councilman Rak seconded by Councilman Schaeffer and duly carried.

Councilman Lee made a motion to approve the water application within the North End Water District to Nicholas Dangelo, located at 5042 W. Main Rd, SBL:129.00-1-41 pending approval from the Village of Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously
Supervisor Pacos is happy to report we’ve issued a payment and closed on the purchase of the New Town Hall at 10410 Chestnut Rd on September 9, 2025. Waiting for approval for the filing to go through. Utility companies have been reached to switch over the accounts into our name.
Supervisor Pacos has received copies of our Grant applications for Berry and Chestnut Road water districts, Municipal Solutions have submitted the grants, in hopes that we’ll get awarded to update the final Water Districts.
Councilman Schaeffer made a motion to accept with Regret Councilwoman Eckman’s resignation letter effective September 12,2025. The motion was seconded by Councilman Rak and carried unanimously
Supervisor Pacos has a proclamation recognizing Councilwoman Ann Eckman. Considering, from this day out declaring September 10, 2025, as Ann Eckman’s day in the Town of Pomfret New York.
Supervisor Pacos suggests we ask for letters of interest to fill the vacant position as it’s too late for someone to run for election this year. Ann Eckman states we are party blind here in the Town of Pomfret, the candidate must be someone who cares about Pomfret. New Candidate will finish Ann Eckman’s term and must run for election next year.

COUNCILMAN RAK

Councilman Rak wants to thank Councilwoman Eckman for taking him under her wing and having good conversations keeping him in the loop to get elected.
JB Bell has emergency repairs that he’s been working on to improve the plant.

COUNCILMAN SCHAEFFER

Councilman Schaeffer thanks Councilwoman Eckman for her service, stating she’s the only person that’s been here longer than he has been.
After seeing the pictures of the town barn parking lot. States they’re doing a spectacular job !

COUNCILMAN LEE

No updates from Committees
Councilman Lee reiterates the sentiments of the rest of his fellow Councilman and thank Ann for her service and being a good guide for folks like himself who are newer on the board and looking for those with more experience and leadership to show us what direction were going. Lee appreciates the way Councilwoman Eckman has helped steer this board and community to create a space where we can work on projects without getting down into issues along party lines. Councilman lee wants to continue to uphold those standards.

COUNCILWOMAN ECKMAN

Councilwoman Eckman speaks on behalf of her resignation, she’ll miss being part of this Community, this wasn’t an easy decision, and the Town of Pomfret will always be forever in her heart. She thanks everyone for their support.
Eckman states she’s happy to help and bounce ideas around if its ever needed!

TOWN ATTORNEY PASSAFARO

Town Attorney Passafaro gives clarification of the Supervisors remarks on the purchase of the new Town Hall; money is held in escrow while papers are recorded. Once it’s recorded, the money is released to the seller.
Passafaro reports that the assessor has 7 Article 7 tax cases this year. All commercial
Lastly congratulates Councilwoman Eckman, she’s going to be missed and gives his best wishes.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 7:20 p.m. seconded by Councilwoman Rak and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

August 13, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. August 13, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

                                                Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT:                              Highway Superintendent Jude Gardner


COUNCILPERSONS:           Christopher Schaeffer
                                                Ann Eckman
                                                Michael Lee


ABSENT:                               Town Counsel Jeffrey Passafaro
                                                Adam Rak


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 9, 2025 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 #8 of 2025. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Councilwoman Eckman-AYE
Councilman Rak- Absent
Councilman Schaeffer-AYE
Councilman Lee-AYE
Supervisor Pacos-AYE

General Fund Town Wide      $109,575.36
General Fund Part Town        $20,129.44
Highway Fund Part Town       $234,849.46
Berry Water District               $488.33
Chestnut Water District          $488.33
North End Water District        $594.07
Lily Dale Water District         $7,601.42
Lily Dale Sewer District         $496.42
Capital Projects                       $1,104.50
CBI                                         $46,658.50

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the July 2025 report of monies collected. A total of $11,616.00 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT JULY 2025

Justice Cerrie
Total Cases 105
Total Fine & Surcharges $6,325.00
Cases Dismissed 31

Justice Dietzen
Total Cases 153
Total Fine & Surcharges $11,771.00
Cases Dismissed 24

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.
Town Clerk Kellogg has received the Certificate of Satisfaction from Chautauqua County for the 2025 Town/County Tax year.
Councilman Lee made a motion to accept resignation of Robert Hannah, Deputy Clerk effective July 10,2025. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilman Schaeffer made a motion to approve Agreement with Cintas for Town Hall building. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Schaeffer made a motion to forgive Sewer District fees in the Amount of $774.48 on Account #218 due to a leak. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to Appoint Alicia Green as Deputy Clerk/Tax Collector/CBI Billing clerk at the rate of $17/Hr. for 35 hours effective August 4,2025. The motion was seconded by Councilman Lee and carried unanimously.
Councilwoman Eckman made a motion to Authorize Town Clerk to purchase through Quadient, Lineage a letter folding machine at a price not to exceed $2920.50 with an annual maintenance fee of $480.00 that will be split among the departments that will utilize the machine. The motion was seconded by Councilman Schaeffer and carried unanimously.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER

The July work report was shared with the board.
Highway Superintendent expresses they’re getting ready to pave the parking lot at the highway barn, on the schedule with the County from the 25th through the 27th.
Councilman Schaeffer made a motion to authorize the execution of a three year contract with DFT for the Highway department building. The motion was seconded by Councilman Lee and carried unanimously.
DFT is requesting transition to Fiber Optics phone at Barker Library, and Chapel in Forest Hill Cemetery.

SUPERVISOR PACOS

Supervisor Pacos makes notice that Pomfret Town Hall will be closed on Friday, August 22, 2025, due to the set up for the Fredonia Farm Festival.
Councilwoman Eckman made a motion to approve the waiver of the 30-day municipality notification for liquor license at 5377 West Lake Rd. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the contract with Municipal Solutions for the water infostructure improvement grant for Chestnut Rd Water District. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to approve the contract with Municipal Solutions for the water infostructure improvement grant for Berry Rd Water District. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to accept resignation of Kayla Sullivan, Recreation Director of Town of Pomfret effective August 4,2025. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor Pacos thanks Kayla for all her hard work running an excellent program for us. Councilwoman Eckman agrees she’s done so much and mentions with the help from Angela Mackowiak they’ve been a power duo and done great things for the community.
Councilwoman Eckman made a motion to Appoint Katelyn Mawhir as Pomfrets Cemetery Sexton at the rate of $17/Hr. effective August 11,2025. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Lee made a motion to approve the Grant Application by the Town Justices for a JCAP grant. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve converting the Forest Hill Cemetery internet and phone from DSL to Fiber with a $64.95 monthly charge. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve and authorize Supervisor to sign the purchase / sale agreement on September 9,2025 for the New Town Hall located at 10410 Chestnut Rd. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos makes a statement about closing next month on the New Town Hall building, we’ll be doing a final walk-through and getting our floor plans put together so we can put the renovations out to bid.

Councilman Schaeffer made a motion, seconded by Councilman Lee to approve the updated Water rates for all districts besides Van Buren Bay and Lily dale and all sewer districts excluding Lily Dale and the PPD Sewer district. Effective July 1, 2025, the rates are as follows:

Water: $65.00 Minimum Charge for up to 5,000 gallons, $9.24 per 1,000 gallons after
Sewer: $60.00 Minimum Charge for up to 5,000 gallons, $9.70 per 1,000 gallons after

Councilwoman Eckman made a motion to declare the negative Declaration resolution on the SEQR for the Local Law for the updated zoning. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve and adopt the Local Law #1 of 2025 for zoning regulations. The motion was seconded by Councilman lee and carried unanimously.
Supervisor Daniel Pacos would like to give a huge thanks to everyone who’s helped accomplish the updated zoning regulations.

COUNCILMAN RAK
-Absent

COUNCILMAN SCHAEFFER
-NONE

COUNCILMAN LEE
-NONE

COUNCILWOMAN ECKMAN

Reminder Festivals Fredonia will be sponsoring Red White and Blues on Friday September 5th at the Legion and Bever Club and Saturday sept 6th at a variety of establishments in the downtown area with the head liner 3 o’clock in the Gazebo.
Councilman Eckman made a motion to appoint Angela Mackowiak as the new Town of Pomfret recreation director at a rate of pay established in the 2025 budget. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor Daniel Pacos gives an update on North End Phases 1 & 2, Expressing that as for Phase 2 we’re currently trying to lock down the location for the water tank. CPL is putting out a proposal that will get sent along and see if the property owners are interested.

TOWN ATTORNEY PASSAFARO
-Absent

DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:11 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

August 13, 2025 Public Hearing Meeting Minutes

            PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, August 13, 2025, at 6:20 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Samantha Kellogg
                        Councilman Michael Lee
                        Councilwoman Ann Eckman
                        Councilman Chris Schaeffer

ABSENT:      Town Attorney Jeffrey Passafaro
Councilman Adam Rak

The Pledge of Allegiance was led by Supervisor Pacos.
Town Samantha Kellogg provided proof of posting and publishing.

The purpose of this hearing is to hear any concerns on the purposed Sewer District Rates. New Rates are as following:

Sewer: $60.00 Minimum Charge for up to 5,000 gallons, $9.70 per 1,000 gallons after
Water: $65.00 Minimum Charge for up to 5,000 gallons, $9.24 per 1,000 gallons after

Audience Comments:

None

With no public comments, a motion made by Councilman Lee, seconded by Councilwoman Eckman, to close the Public Hearing at 6:21 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

August 13, 2025 Public Hearing Meeting Minutes

  PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, August 13, 2025, at 6:25 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:   Supervisor Daniel Pacos
                        Town Samantha Kellogg
                        Councilman Michael Lee
                        Councilwoman Ann Eckman
                        Councilman Chris Schaeffer

ABSENT:      Town Attorney Jeffrey Passafaro
Councilman Adam Rak

Town Samantha Kellogg provided proof of posting and publishing.

The purpose of this hearing is to hear any questions or concerns on the purposed Zoning Law.

Audience Comments:
-Bob Dando mentions he hopes the Zoning Board Chairman changed his mind on how to define the political sign situation
-Councilman Eckman states it’s not defined so its not addressed.
-Nicole asks if they'll be provided with Copies of the new maps.

A motion made by Councilman Schaeffer, seconded by Councilwoman Eckman, to close the Public Hearing at 6:30 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

July 9, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. July 9, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
                                                Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner

COUNCILPERSONS:           Ann Eckman
                                                Adam Rak
                                                Christopher Schaeffer
                                                Michael Lee

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 11, 2025, Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the June 4,2025 Special Town Board Meeting. The Motion was seconded by Councilman Schaeffer carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2025. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Councilwoman Eckman-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Lee-AYE
Supervisor Pacos-AYE

General Fund Town Wide      $15,362.37
General Fund Part Town        $4,091.69
Highway Fund Part Town       $144,127.63
Berry Water District               $9,508.27
Chestnut Water District          $3,296.47
North End Water District        $89,898.56
Lily Dale Water District         $7,127.68
Lily Dale Sewer District         $611.68
Rt 20 Water District                $64.21
Rt 20 Sewer District               $59.21
Rt 60 Water District                $538.36
Rt 60 Sewer District               $533.36
Lakeview Sewer District        $71.07
Sewer District 1                      $1,540.59
Sewer District 2                      $1,102.21
Capital Projects                       $219,556.00
CBI                                         $15,465.64

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the June 2025 report of monies collected. A total of $12,973.75 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT MAY 2025
Justice Cerrie
Total Cases 132
Total Fine & Surcharges $9,655.00
Cases Dismissed 42

Justice Dietzen
Total Cases 109
Total Fine & Surcharges $7583.00
Cases Dismissed 33

The Historian Report for June 2025 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

Greg Hite from 7 Marthas Vineyard, appreciates the Town Board for their time and commitment to serving the Town. However, Greg, his wife and many other residents of Marthas Vineyard are opposed to the installation of streetlights on Marthas Vineyard. Greg mentions they would have appreciated mailed out notices to the homeowners to review this project beforehand instead of coming home to see their lawns had been marked with flags and paint on their lawns. Greg states his concerns that there are 4 drainage lines that go to the storm drain, if they’re damaged it’ll cause considerable problems for the houses around. He’s concerned the location of the light fixtures will visually lower the curb appeal of their houses. Also mentions his concerns about the four wheelers Driving up and down the roads.
Supervisor Pacos advises Greg to get ahold of the Police Department of concerns of four-wheelers on the road.
Greg Hite requests National Grid should put the light posts on the yards of people who want them.
Jude Gardner answers back that it’s a small street and they’re not going to be put the lights right next to each other.
Mariah Kravitz residing at 9 Marthas Vineyard voices her concerns of the location of the lights as she and her Husband Ben Kravitz have put in a lot of finances into maintaining their yard. She stresses she doesn’t want her yard to be ruined and not fixed as to how it was before they came. She wishes there would have been talk to about what was going on before they came in and marked her yard up without discussion.
Ted Tendorf, residing at 10 Marthas Vineyard, resident for 21 years on that street, discusses Him and his wife who have done a lot of walking and running, and doesn’t think lights have ever been an issue. The issue is more the speed at which people usually drive. He doesn’t think a lot of people go through the neighborhood at night; it’s mainly people who let their dogs out. Ted also voices he wishes they would have gone about this differently.
Councilwoman Eckman reads a concerning message from Andrew Benchley within Marthas Vineyard regarding strong support in stalling streetlights along Martha’s Vineyard. Pointing out that it’s a dead-end street in a rural area and very dark. The street is home to many families, including a large number of young children who bike, walk dogs, play outside and wait for the school bus. The lack of lighting creates a growing safety concern. She believes that the installation of streetlights would provide safety for children and pedestrians, especially when walking home at dusk or waiting for the early morning bus. Installation of lights will help the neighborhood discourage unwanted criminal activity.
Councilwoman Eckman Also received messages with support for the Lights on Martha's Vineyard Drive from Kyle Yelich, Dave Dunning, J O’Connor and Adam Dimitri.
Jude suggests that he can try and talk to National Grid and see if they’ll let us recommend where we can place the lights.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The June work report was shared with the board.
Jude updates that we’ll be paving. All the roads that we wanted to oil, and stone are completed
The highway parking lot is almost completed, where we used free millings to build up the parking lot and get it closer to the paving work being completed. Working on the parking lot is for downtime not taking up time working on the Town.

SUPERVISOR PACOS

Councilwoman Eckman made a motion to approve Jeanne Ebersole as Pomfrets Assessor for the year 10/01/2025 – 9/30/2031 term. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the water application within the North End Water District to Marc Pacos, located at 9691 Chautauqua Rd, SBL:131.00-1-8 with approval from the Village of Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously with one abstention.
Councilman Schaeffer made a motion to authorize Supervisor to sign the approval on the Host Community agreement. The motion was seconded by Councilman Lee and carried unanimously.
A motion was made by Councilwoman Eckman that we hold a Public Hearing on the Increase of All Sewer Rates excluding Lily Dale Water District at the Town Hall on August 13,2025 at 6:20 P.M prior to our regularly scheduled Pomfret Town Board Meeting. The motion was seconded by Councilman Rak and carried unanimously.
A motion was made by Councilwoman Eckman that we hold a public hearing for reviewing the new Zoning Law as proposed at Town Hall on August 13,2025 at 6:25 PM prior to our regularly scheduled Pomfret Town Board Meeting. The motion was seconded by Councilman Rak and carried unanimously.
Councilwoman Eckman made a motion to Designate the Town board of Town of pomfret as the Lead Agency under State Environmental Quality review after SEQR for purposes of enactment of this New Zoning law. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor pacos gives updates on the following:
- The Van Buren Bay Water District Improvement project, stating that we’ve finally received the go ahead from USDA and approval to schedule the pre-construction meeting.
- The Northend Phase II & III – waiting on sizing of the water tank for project so we can get moving and get this out to Bid.
- Were resubmitting grant applications for Berry Rd & Chestnut Water Districts.

COUNCILMAN RAK

Rak mentions he’s been talking back and forth with J.B Bell frequently, concerning burst open pipes at the Lily Dale water treatment plant, Casella’s has been working on some patch work, but were looking for some funding to fix the initial problem. Supervisor Pacos mentions it’s not an open funding period, it’s an Annual Grant period.

COUNCILMAN SCHAEFFER

NONE

COUNCILMAN LEE

Lee mentions the Library has been pulling from their own budget to fix the leaks from their roof, stating that the roof was supposedly under warranty by a Contractor who had done work previously, and they were not Honoring that warranty.

COUNCILWOMAN ECKMAN

Councilwoman Eckman made a motion on behalf of the Fredonia/Pomfret Rec Department to Hire Bailey Wegrynowksi on Cleveland Ave, at the rate of $15.50 with a start date of July 1,2025. The motion was seconded by Councilman Lee and carried unanimously.
Eckman mentions there are 337 participants registered for the Rec Program and more continue to register daily.

TOWN ATTORNEY PASSAFARO

Passafaro gives updates on the New Town Hall Stating:
- We’ve passed the Resolution to purchase; it’s been posted and published.
- Resolution that we’re satisfied with the engineering inspection reports.
- Obtained the necessary zoning permits from the ZBA, the use was permissible as the Special use permit in that zone.
- We’ve submitted our application to USDRD for the grant and loan; the supervisor has emails to the effect that grant has been committed.
- Were subject to the Adoption of the Bond Resolution for the additional money issue, that Bond Resolution was adopted several months ago and that’s gone through.
A motion was made by Councilman Schaeffer to direct Town Attorney to notify the seller that the contingencies set forth in the contract, have been satisfactorily completed by the Town and the Town is prepared to proceed the closing. The motion was seconded by Supervisor Pacos and carried unanimously.

DULY MOVED by Supervisor Pacos to exit the Regular Town Board Meeting and enter Executive Session for the purpose of discussing employment of particular person. The motion was seconded by Councilman Rak and carried unanimously.
Time: 7:21 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 Rak and carried unanimously.
Time: 8:23P.M.

Councilman Schaeffer made a motion to approve a pay increase to $17.00 Hr. for Erin Sayers and Robert Hannah effective July 7, 2025. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion not to request reimbursement for the over payment of wages for Robert Hannah due to an Accounting error from 1/2025. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 8:29 P.M., seconded by Councilman Rak and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

June 11, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. June 11, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
Town Counsel Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner


COUNCILPERSONS: Ann Eckman
                                                Adam Rak
                                                Christopher Schaeffer
                                                Michael Lee

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 May 14, 2025, 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 #6 of 2025. The motion was seconded by Councilman Rak and carried by a roll call vote.
Roll Call:
Councilwoman Eckman-AYE
Councilman Rak-AYE
Councilman Schaeffer- AYE
Councilman Lee-AYE
Supervisor Pacos-AYE

General Fund Town Wide $14,194.97
General Fund Part Town $214.72
Highway Fund Part Town $26,991.82
Berry Water District               $358.31
Chestnut Water District $335.00
North End Water District $3,868.30
Lily Dale Water District $5,979.91
Lily Dale Sewer District $594.35
Capital Projects                       $30,490.80
CBI $569,136.41

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the May 2025 report of monies collected. A total of $12,836.20 was collected. The report is on file with the Clerk’s Office.

POMFRET TOWN JUSTICE REPORT MAY 2025

Justice Cerrie
Cases Held 101
Total fine & Surcharges $6,627.00
Cases Dismissed 36

Justice Dietzen
Cases Held 122
Total Fine & Surcharges $7,749.00
Cases Dismissed 31

The monthly Code Enforcement report for May is on file in the Clerk’s office.
The Pomfret Offices and Buildings will be closed on Thursday, June 19, 2025, in observance of the Juneteenth Holiday and Friday, July 4, 2025, in observance of the Fourth Holiday.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The May work report was shared with the board.
National Grid’s doing a great job at Foresthill Cemetery June 11,2025 for Arbor Day.
The Highways been helping the County with milling work needed done, mentioning in return they’ll be giving us Free Millings to use with our Dirt roads needing work.
Scheduled to pave and chip seal with the county, depending on weather. Plans to pave Osborne, Maytum and Lakeview. We’ll be Chip Sealing Walden Rd, Bearlake Rd, and Ransom Rd.
Superintendent Jude Gardner Informs that the both the new trucks for the highway are in.
Update that Councilwoman Eckman and Superintendent Jude Gardner have been following up with National Grid regarding the 2 lights on Marthas Vineyard, they’ll be contacting us to get them put in.

AUDIENCE CONCERNS

Roberta BeLote speaks on behalf of residents that live in Bear Lake about the traffic not obeying the speed limit of 30mph. Mentioning the many people walk, bike, and use the road to cross to the lake. They’re concerned about the safety of the residents, especially with so many children during the summer months. Residents are looking for some kind of assistance to get people to slow down during the busy summer months.
Resident Chris McGuiggan comments on a Resident who’s visually impaired who walks his dog, and he’s nervous with all the traffic coming through he could get hurt.
Resident Valorie Butt’s indicates there’s not much signage such as “Slow down kids at play”. A sign may help warn people to slow down in that area.
Supervisor Pacos comments we’ll talk to the highway superintendent and see if he can contact the Police himself and see what they can do to help with the issue.

SUPERVISOR PACOS

Councilwoman Eckman made a motion to waive the Late fee for a water bill Customer residing at 9420 Route 60. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor Pacos received a notice from the Village of Fredonia, notifying us of their new water/sewer rates. The water rate of $7.60 per 1000 plus the $30 base fee and Sewer rate of $9.20 per 1000 plus $30 base fee going into effect as of July 1st, 2025. The motion was seconded by Councilman Rak and carried unanimously.
A motion was made by Councilwoman Eckman that we hold a Public hearing on the Increase of All Sewer Rates excluding Lily Dale on Wednesday July 9,2025 at 6:20 PM prior to our regularly scheduled Pomfret Town Board Meeting.
Councilman Schaeffer made a motion to approve the draft for Pomfret Zoning Codes and send it to Jeff to put into Final form. The motion was seconded my Councilman Lee and carried unanimously.
Supervisor Pacos Thanks everyone who’s worked on this project for the Zoning Codes.
Councilman Lee made a motion to approve increase water rates for VanBuren Bay water district customers billed by CBI Water works with a rate increase of .25 per 1000 to a rate of $9.80 per 1000 gallons effective July 1, 2025. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to authorize Supervisor Pacos to submit grant application to NYS Parks through the Environmental Protection Funds Grant Program for Parks, Preservation and Heritage through the 2025 Consolidated Funding Application for improvement of the Barker Street Playground. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion to approve the following resolution regarding authorizing conveyance of part of Frisbee Road, Lily Dale Road Right-Of-Way. The motion was seconded by Councilman Lee and carried unanimously.

TOWN OF POMFRET, TOWN BOARD
RESOLUTION AUTHROIZING CONVEYANCE OF PART OF
FRISBEE ROAD, LILYDALE ROAD RIGHT-OF-WAY

WHEREAS, the Town of Pomfret has a Town Right-or-Way, known as Frisbee Road in said Town, and

WHEREAS, it intersects with Lilydale Road (Dale Drive), now County Route 48, in said Town, and

WHEREAS, the Rights-of-Way for said road intersection were conveyed to the Town of Pomfret by deed from Lundstrom and One, dated November 3, 1937, recorded in Liber 636 of Deeds at page 206, and

WHEREAS, the current owners Carleen J. Pastor and Wendy S. Stanford, approached the Town concerning relinquishing part of the lands conveyed to the Town of Lundstrom, which apparently are no longer used for public roadway purposes, and

WHEREAS, a survey has been prepared by Matthew J. Pietro, Licensed Land Surveyor in the State of New York, dated September 13,2018, revised October 20,2024 (for roadway purposes), a copy of which is attached to this Resolution, showing premises outside the Lilydale Road (Dale Drive) and Frisbee Road Rights-of-Way as maintained by the Town of Pomfret and County of Chautauqua, and

WHEREAS, said survey has been reviewed and examined by Chautauqua County Department of Public Works Engineer, County Attorney’s Office, and Town of Pomfret Highway Superintendent, and their consent to relinquishing said lands has been received by the Town.

NOW THEREFORE, on motion of Councilman Schaeffer seconded by Councilman Lee, it is

RESOLVED that the Town Board of the Town of Pomfret does hereby approve a grant of conveyance to the current owners of the Lundstrom lands, certain lands outside the Rights-of-Way of Frisbee Road and Lilydale Road (Dale Drive) as shown on said Pietro survey, previously mentioned, and described on EXHIBIT A attached hereto and made a part hereof, which lands are no longer used or required as part of the public Rights-of-Way, and it is further

RESOLVED that lands described on the said Pietro survey and the attached EXHIBIT A are hereby abandoned for highway purposes by said TOWN of Pomfret, and it is further

RESOLVED that the Supervisor and Clerk of Said Town may execute all documents necessary to effectuate said transfer

Dated: June 11, 2025 Samantha Kellogg, Town Clerk

Councilman Lee made a motion for Approval of the USDA Community Facilities Grant agreement. The Motion was seconded by Councilwoman Eckman and carried unanimously.

Supervisor Pacos updates on the New Town hall stating he’s received our Special Use Permit from the Zoning Board of Appeals; proof has been sent to all board members. We’ve met most of the requirements for closing. Dunkirk is still on the fence if they’re going to commute with us or continue with a sperate building.
Supervisor Pacos received an update about the Pioneer Cemetery Wall stating, they’re coming back with a design for the contractor to install tiebacks for highpoints in the structure, they’ll be covering the costs to the rebuild.
Councilman Schaeffer made a motion to Approve the cost on a Quote for EL ’Dorado to be charged to our water districts in the amount of $3,310.00. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos received an invitation to the Northern Chautauqua Community Foundation 39th Annual Meeting, Monday June 23rd, 2025, at 4:00PM.

COUNCILMAN RAK

Councilman Rak expresses many residents come to him asking about Village water issues. The board speaks on behalf that the Town of Pomfret is a purchaser of the Village water, any issues about water needs to be directed to the Village

COUNCILWOMAN ECKMAN

Fredonia Festival will be holding their annual Italian Festival on Saturday, June 21, 2025, at the Fredonia Beaver Club. The festival will begin from 11:00A.M. to 8:00P.M with appearance from Italian Dancers from Erie, PA.

COUNCILMAN LEE

Councilman Lee updates that the Lafayette Festival was a huge success! Lee personally thanks Max Walters from the History Museum for all his work he did with helping put it together.

COUNCILMAN SCHAEFFER

NONE

TOWN ATTORNEY PASSAFARO

NONE

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

Respectfully Submitted,

Samantha Kellogg
Town Clerk

June 4, 2025 Special Town Board Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:30 P.M. June 4, 2025 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg

COUNCILPERSONS:
                        Ann Eckman
Adam Rak
Michael Lee

ABSENT:       Christopher Schaeffer
Town Attorney Jeffrey Passafaro

The Pledge of Allegiance of the Flag was recited to begin the Special Meeting led by Supervisor Pacos.

The Special Meeting is being held for the purpose of considering awarding the construction bid for the Van Buren Water District and any other lawful business that may come before the Board. Town Clerk Kellogg provided proof of posting and publishing.

Councilman Rak made a motion to Award the Bid for the Van Buren Bay Water District Meter Pit procurement contract to Evertt J. Prescott, Inc of Blasdell, New York in the amount of $106,974.00 with the recommendation and Bid tabulations from CPL. The motion was seconded by Councilman Lee and carried unanimously.
Councilman Lee made a motion to Award the Bid for the Van Buren Bay Water District water line replacement work to S. St. George Enterprises, Inc of Fredonia New York in the amount of $1,875,868.00 with recommendation and Bid tabulations from CPL. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to authorize the following resolution to Declare a Negative Declaration under SEQR for the Town Hall Project. The motion was seconded by Councilman Rak and carried unanimously.

WHEREAS, The Town Board of the Town of Pomfret has entered into a contract to purchase certain land and buildings on Chestnut Road in the Town of Pomfret for the site of a new Town Hall; and
WHEREAS, the property was previously occupied and used as a religious meeting house by the Church of Jesus Christ of Latter-Day Saints; and
WHEREAS, the buildings, structures, paved parking lot currently located on the premises will not be substantially altered by the prospective use and occupation of the property as a Town Hall complex; and
WHEREAS, the Town Board has relied on a report from CPL Engineers, duly licensed in the State of New York, which inspected the premises prior to said contract; and
WHEREAS, the Town of Pomfret has made an application for a special use permit to use and occupy the property at 10401 Chestnut Road in the Town of Pomfret as a Town Hall, Municipal Building, to the Zoning Board of Appeals of the Town of Pomfret; and
WHEREAS, the Town of Pomfret ZBA, as part of such application, considered environmental impacts under SEQR and has found that the proposed use would have no substantial environmental impact; and issued a Negative Declaration Under SEQR.
WHEREAS, the Town Board has previously been provided with the environmental assessment form and has reviewed it carefully and no substantial impacts were identified.

NOW, on motion of Councilwoman Eckman seconded by Councilman Rak it is;

RESOLVED, that pursuant to 6NYCRR, Section 617 of the regulations applicable to the State Environmental Quality Review Act and its review, the Town Board of the Town of Pomfret does hereby determine that the proposed purchase, use, and occupation of the premises located at 10410 Chestnut Road in the Town of Pomfret as a Town Hall, Municipal Building will not have a significant impact upon the environment, and may be processed by other applicable agencies without further regard to SEQR, and the Town Board does hereby specifically declare a Negative Declaration Under SEQR.

Councilman Rak made a motion to approve the following bond resolution for the Acquisition of a Building for use by the Town Hall at 10410 Chestnut Rd. The motion was seconded by Councilman Lee carried by a roll call vote.

A BOND RESOLUTION, DATED JUNE 4, 2025, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING THE ACQUISITION OF A BUILDING FOR USE BY THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $420,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $420,000 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.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) has determined to undertake the acquisition of a building for use by the Town.

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 the acquisition of a building for use by the Town, as well as other such improvements as more fully identified in (or contemplated by) one or more reports prepared in connection with the project, including all preliminary work and necessary equipment, materials and related site work, and any preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $420,000.

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 $420,000 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. 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 an object or purpose described in subdivision 11(a)(1)(c) 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 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 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.

            The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:

AYES:                        Supervisor Daniel Pacos
                                    Councilwoman Ann Eckman
                                    Councilman Rak
                                    Councilman Lee

Councilman Lee made a motion to approve the following bond resolution for the Reconstruction and Improvements for use by the Town Hall at 10410 Chestnut Rd. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.

A BOND RESOLUTION, DATED JUNE 4, 2025, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT CONSISTING OF THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO A BUILDING FOR USE BY THE TOWN, AT AN ESTIMATED MAXIMUM COST OF $600,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $600,000 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.
WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) has determined to undertake a capital improvements project consisting of the reconstruction of and construction of improvements to a building for use by the Town.

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 capital improvements project consisting of the reconstruction of and construction of improvements to a building for use by the Town, such work to generally consist of (but not be limited to) remodeling of the interior of the building for suitable use as a municipal office building, municipal courtroom with related office spaces, and a community/senior center, as well as other such improvements as more fully identified in (or contemplated by) one or more reports prepared in connection with the project, including all preliminary work and necessary equipment, materials and related site work, and any preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $600,000.

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 $600,000 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. 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 an object or purpose described in subdivision 12(a)(3) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 10 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 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 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.

            The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:

AYES:                         Councilwoman Eckman
                                    Councilman Rak
                                    Councilman Lee
                                    Supervisor Daniel Pacos

Councilwoman Eckman made a motion to increase Robert Hannah hours from 16 hours a week to 35 hours a week, with the appropriate amount of 16 hours billed for Deputy, 15 hours billed for CBI Water Clerk, and 4 hours billed towards Sexton effective June 5,2025 at the Rate of $16.20 an hour. The motion was seconded by Councilman Rak and carried unanimously.

AUDIENCE CONCERNS:

David Soch states he’s a member of the board of Van Buren Bay residence association and he’s looking for any knowledge of a start date on the water district replacement. Dan Pacos replies being that Steve St. George has held this bid since November 2024; he assumes he’ll want to get a start on the project sooner than later. David voices his concerns about the residence, stating it’s going to be crowded and busy during the week of the 4th of July. He’d just like to be able to give them a heads up when the project is going to be started.
Bec Moiser questions if in the future we see of any savings and getting our own meter readers. Supervisor Pacos comments that CBI employees are the Town of Pomfret, we formed CBI from Brocton, Portland, Sheridan, Dunkirk and Pomfret. Brocton and Portland left, leaving Sheridan, Pomfret, and Dunkirk. Bec voices her opinion on the Cemetery wall that has fallen over, we assured her we are leaving it up to the Engineer and contractor to fix it and that they are bearing 100% of the costs.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Rak to adjourn the Special Town Board Meeting at 6:33 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

May 14, 2025 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.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
Town Counsel Jeffrey Passafaro

COUNCILPERSONS:
Michael Lee
Adam Rak
Christopher Schaeffer
Ann Eckman

ABSENT:                              Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the April 9, 2025, 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 9, 2025, Public Hearing Minutes Vanburen Bay 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 9, 2025, Public Hearing Minutes Lily Dale Sewer District rates. The motion was seconded by Councilman Lee and 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.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #5 of 2025. The motion was seconded by Councilwoman Eckman 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      $19,808.43
General Fund Part Town        $175.91
Highway Fund Part Town       $37,991.56
Berry Water District $8,898.48
Chestnut Water District          $4,614.09
North End Water District        $93,184.31
Lily Dale Water District $12,429.37
Lily Dale Sewer District $5,040.71
Capital Projects                       $57,162.25

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the April 2025 report of monies collected. A total of $7,934.00 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice report for April 2025 is as follows:

Justice Cerrie Total Cases:     109
Total Fine & Surcharges:       $8,276.00
Cases dismissed:                     21

            Pomfret Town Justice Report for April 2024 is as follows:
                        Justice Dietzen Total Cases:   149
                        Total Fines & Surcharges:      $7,704.00
                        Cases dismissed:                     51

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 26, 2025, in observance of Memorial Day Holiday.

AUDIENCE CONCERNS

Heidi Sobecki questions when the New Town Hall Building blueprints will be available. Supervisor Dan Pacos states we haven't closed on the building and were currently waiting on the Decision of the Town of Dunkirk if they'll be merging with us or not. We don’t have set in stone blueprints.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The April work report was shared with the board.
A motion made by Councilman lee authorize Highway supervisor Jude Gardner to purchase plastic pipe at a cost not to exceed 6,500 for the culvert replacement on webster rd. The motion was seconded by Councilwoman Eckman and carried unanimously.

SUPERVISOR PACOS

Supervisor Pacos holds a discussion on the Annual Easter Egg hunt in Laona. Stating we authorize an expenditure for the Annual hunt. Councilwoman Eckman comments concerns where all the children for the event are coming, mentioning the amount we approve for the event is 1/3 of what we spend on Fredonia festivals which holds 1000s of attendees for multiple events. Budget for next year will be discussed when next budget is passed.
Supervisor Pacos Is happy to report we’ve been approved to receive designation as a Pro Housing Community as of April 29,2025. With the help from the code enforcement office and Assessors taking time to upload a lot of information needed on building permits and such.
A motion made by Councilwoman Eckman to authorize the submission of special use permit and authorize the Supervisor to Sign. The motion was seconded by Councilman Rak and carried unanimously.
A motion was made by Councilman Schaeffer to approve the Decommissioning plan for the Pomfret III solar plan project on webster rd. The motion was seconded by Councilman Lee and carried unanimously.
Councilwoman Eckman made a motion to approve the water application within the Berry Road Water District to Debra Mancuso, located at 4699 Berry Rd, SBL:112.20-1-53 with approval from the Village of Fredonia. The motion was seconded by Councilman Rak and carried unanimously.
Councilwoman Eckman made a motion to approve the water/sewer application within the North End Water District/ Route 60 Sewer District to O’Reilly’s Auto Enterprises, LLC located at 10374 Bennett Rd, SBL:114.05-2-6 with approval from the Village of Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the water application within North End Water District to Steve St. George, located at 9674 Route 60, SBL:131.00-1-53 pending approval from the Village of Fredonia. The motion was seconded by Councilman Lee and carried unanimously.
Supervisor Pacos received Correspondence from the Village of Cassadaga lake, that water rate is being raised by .50 per 1,000. We’ll compare our new rates for Lily Dale after the quarter and adjust as needed.
Supervisor Pacos gives an update on the Cemetery Wall, after speaking to Eric Wise from CPL and the contractor on Monday they still feel that it was caused by vandalism. Due to the fact of nothing behind the wall shifted besides the stone used for fill. Contractors will be working on fixing this in a timely manor at no cost to the Town.
Supervisor Pacos updates us on the progress of the New Town Hall stating where we’re currently working on the Special Use Permit and Bond Resolution. Jeffrey Passafaro has taken care of the Survey and Title Search. We’ve also reached out to Dunkirk to extend the offer for the shared building concept.

COUNCILMAN RAK

Councilman Rak states JB has renewed his license and would like to see everything done for the Lily Dale Sewer District. Supervisor Pacos states the grant application is in the process of being completed.

COUNCILWOMAN ECKMAN

Councilwoman Eckman spoke on the update for the tree survey project going on at Foresthill and Pioneer Cemeteries. Mentions meeting with the For Love of Tree group regarding how to maintain the health of the Trees. Stating multiple trees will need to be removed. Discussion on what types of trees will be planted in place of the trees that will be taken down.
Councilwoman Eckman states on March 10th there was a meeting held with the Mayor, Trustee, Rec Director and assistant Rec Director on if the Town of Village was Cutting funding, they’d need to set up a registration Fee. The Village of Fredonia decided to approve the registration, Fee. Being that The Town of Pomfret pays 50% of the program we agree that we as the Town should comply and have a registration fee to make it uniform.
Daniel Pacos made a motion to charge $20.00 Registration fee for Kids Rec Program. The motion was seconded by Councilman Rak and Carried unanimously.
Councilwoman Eckman states she’s had many questions/comments from residents about updates on Bidding on Phase 2 and 3 Water District. Dan Pacos replies they’re waiting on the Labella Study. We should have their report by the end of the month to figure out what size tank will need to be put in.
Councilwoman Eckman made a motion on the recommendation of the Rec Department to hire the following personnel for the Fredonia Pomfret Rec Program; motion was seconded by Councilman Rak and carried unanimously.

Lifeguards:

James Hobbs $17.50
Joella Bauza $17.50
Own Ludwig $17.50
Abigail Lauer $17.50
Landon Trippi $17.50
Liam Moon $17.50

Substitute Lifeguard / Playground Attendant

Thomas Askar $17.50

Playground Attendants / Recreation Staff

Andrew Daminski-Hunt $15.50
Max Corrente $15.50
Hannah Riewaldt $15.50
Own Rush $15.50
Victoria Miller $15.50
Willam Rose $15.50
Michael Hahn $15.50
Sarah Davis $15.50
Julia LeBaron $15.50
Madeline Parent $15.50

COUNCILMAN LEE

Councilman Lee gives us a reminder of the Lafayette Festival happening June 3, 2025, starting at 4:00pm.

COUNCILMAN SCHAEFFER

Councilman Schaeffer remarks on Jude Gardner and his crew doing a great job working on the Highways Departments property. Councilwoman Eckman and Supervisor Pacos comment It’s looking better than it’s ever looked.

TOWN ATTORNEY PASSAFARO

Attorney Passafaro makes note that the 2024 Assessment roll is completed.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:20 P.M., seconded by Councilman Lee and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

Notice of Amendment

  NOTICE OF AMENDMENT AND RESTATEMENT OF BOND RESOLUTION
TOWN OF POMFRET
NOTICE IS HEREBY GIVEN that an amending, clarifying and restating bond resolution, a summary of which is published herewith, has been adopted by the Town Board of the Town of Pomfret, County of Chautauqua, on April 9, 2025 and the validity of the obligations authorized by such resolution may be hereafter contested only if:
(1)        (a)          such obligations were authorized for an object or purpose for which the Town of Pomfret is not authorized to expend money or

(b)          the provisions of law which should have been 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 publication of this notice; or

(2)        such obligations were authorized in violation of the provisions of the Constitution of New York.

SUMMARY OF RESOLUTION AMENDING
AND RESTATING A PRIOR BOND RESOLUTION

The following is a summary of an amending bond resolution adopted by the Town Board of the Town of Pomfret on April 9, 2025 that amends, clarifies and restates a prior bond resolution, dated June 9, 2021 (the “Original Bond Resolution”). The proceeds from the sale of the obligations authorized in said bond resolution (as amended and restated) shall be used for the purpose of undertaking a water system capital improvements project, such work to 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 “Project”). The amending and restating bond resolution authorizes: a) an increase to the estimated maximum cost of the project from $1,838,000 to $2,495,000 and (b) an increase to the amount of serial bonds authorized to be issued from $1,838,000 to $2,495,000, such amount to be offset by any federal, state, county, and/or local funds received, and makes other modifications to the Original Bond Resolution as may be consistent with law. Such increase in costs for the Project is due to construction bids coming in higher than expected for the project. The period of probable usefulness for such purpose is 40 years. A copy of the resolution summarized herein is available for public inspection during normal business hours at the Office of the Town Clerk, located at 9 Day Street, Fredonia, New York 14063.

April 9, 2025 Public Hearing Meeting Minutes

            PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 9, 2025 at 6:45 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Samantha Kellogg
                        Town Attorney Jeffrey Passafaro
                        Councilman Michael Lee
                        Councilwoman Ann Eckman
                        Councilman Adam Rak
                        Councilman Chris Schaeffer

Town Samantha Kellogg provided proof of posting and publishing.

The purpose of this hearing was for discussion on the Lily dale Sewer Rates.

Audience Comments:

None

With no public comments, a motion made by Councilwoman Eckmam, seconded by Councilman Schaeffer, to close the Public Hearing at 6:46 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

April 9, 2025 Public Hearing Meeting Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 9, 2025 at 6:25 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:   Supervisor Daniel Pacos
                        Town Samantha Kellogg
                        Town Attorney Jeffrey Passafaro
                        Councilman Michael Lee
                        Councilwoman Ann Eckman
                        Councilman Adam Rak
                        Councilman Chris Schaeffer

Town Clerk Samantha Kellogg provided proof of posting and publishing.

The purpose of this meeting was for Discussion on the VanBuren Water District

Audience Comments:

Tom Panasci Asks how much is the increase over the original? - $657,000.
Resident asks if the contract has been awarded yet? Mr. Pacos responded it wasn’t because it was over the original authorization. Deputy Ann Eckman replies we do have the bids, so now we can award it.
Resident asks how much of the money is public money and how much is local money? Mr. Pacos says there is a grant portion and the rest is a loan which with be local repayment.
Resident asks is there a time frame one the bid has been awarded . Mr. Pacos replies they’re hoping to get started this summer. Stating the contractor is ready to go once were awarded , but there’s things that have some legal things to be done after the public hearing
Resident questions if the repayment of the loan is going to be passed on to their monthly bills. Mr. Pacos responded the payments will be added on County/town tax bills. The Vanburen bay water district is what’s called an Advil Orem water district, water costs are shared based on assessed values.
Paula Coats asks how many users? – Board responds they’re not exactly sure how many customers that includes.
Paula Coasts then asks what specific area this includes. Mr. Pacos explains it includes the VanBuren Bay Water District.
Resident asks about the extra $33.33 charge. Stating he has 3 sections, one of them being a private road. Mr. Pacos explained we can talk to the assessor’s office to see where the amount comes from. Explaining that all properties have to charged this assessment on the tax bills. Stating that charge for the following years will be based on the final borrowing debt service.
Resident brings up that she gets water through CBI. Mr. Pacos mentions CBI is a shared service between the towns which just bills for the water and collects. Explaining that when the North County Water District took over that area and started supplying, Dunkirk and Sheridan didn’t have the ability to bill customers, we then went together and started this shared service to do the billing.
Resident asks if this applies to everyone who got a letter, and asks if they’re putting all new water systems in. Mr. Pacos explains this project will replace all the water lines that were put in back in the 30’s stating its brought a lot of problems with water quality, water flow, breaks and leaks.
Residents brings concern asking if their roads are going to be dug up. Pointing out that they’ve had issues in the past, stating the roads were going to be replaced and instead they just patched the roads instead. He’s asking if the roads are going to be replaced or what part of the roads are going to be dug up. Mr. Pacos asks for his contact information, and he’ll get back to him with further information.
Resident asks once the main water line is in, are the lines to the houses going to have to be replaced? Mr. Pacos explains that it depends on your service line if you have a lead service line you’ll have to replace it . Board states it was in the original report that It’ll be replaced under contract, and they’ll verify.
Resident states she’s on a well and wonders where she stands and asks if she’ll be able to have access to the water lines. Mr. Pacos explains she’s can request additional line to her house.
Resident asks if they can find out where water lines are on her property. Highway superintendent states they’ll mark with blue flags where the water lines are located.
Resident states her concern about their single lane dirt road being dug up, wondering how they’ll get to their houses. Highway Superintendent states they’ll make sure there is a way to get to their houses
Crowd has concerns asking if they’ll have another meeting before the construction starts. Mr. Pacos states you can always Contact the Town Clerk with questions / concerns or come to a town meeting to discuss any matter.
Residents questions if they’ll have smart meters, Mr. Pacos states the grant we have will install smart meters that we can read from the office. The meters will read your meter every 15 minutes and if it senses any issues, it’ll send an alert.

With no further public comments, a motion made by Councilman Schaeffer, seconded by Councilwoman Eckman, to close the Public Hearing at 6:45 P.M. The motion was carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Pomfret Town Clerk

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

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

Total Amount Collected: $8,830,201.59

Pomfret Town Justice report for March 2025 is as follows:

Justice Cerrie Total Cases:     113
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.
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

March 12, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 12, 2025 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                                Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT:                            Highway Superintendent Jude Gardner


COUNCILPERSONS:         Adam Rak
                                                Christopher Schaeffer
                                                Ann Eckman

ABSENT:                              Michael Lee
                                                Town Counsel Jeffrey Passafaro

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the
February 5, 2025 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 2025 with the correction added of $500 for Festivals of Fredonia Annual sponsorship fee. 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

General Fund Town Wide      $39,404.00
General Fund Part Town        $665.51
Highway Fund Part Town       $60,530.09
Berry Water District               $313.68
Chestnut Water District          $290.00
North End Water District        $318.76
Lily Dale Water District         $14,958.32
Lily Dale Sewer District         $994.42
Capital Projects                       $158,023.87
CBI                                         $57,612.71

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the February 2025 report of monies collected. A total of $5,512.50 was collected. The report is on file with the Clerk’s Office.
The tax report for February 7, 2025 (1% Penalty) is as follows:
Bills Processed: 137

Total Amount Collected: $206,285.25

Pomfret Town Justice report for February 2025 is as follows:

Justice Dietzen Total Cases: 164
Total Fine & Surcharges:       $11,447.00
Cases dismissed:                     41
Justice Cerrie Total Cases:      94
Total Fine & Surcharges:       $7,883.00
Cases dismissed:                     25

The Code Enforcement monthly report for February is on file in the Clerk’s office.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The February work report was shared with the board.
Councilwoman Eckman made a motion to authorize superintendent to dispose of old fax machine. The motion was seconded by Councilman Rak and carried unanimously
Councilman Schaeffer made a motion to approve the sale of an older roller to Town of Arkwright for $7,000. The motion was seconded by Councilwoman Eckman and carried unanimously
Councilman Rak made a motion to approve Jude to spend 2,500 to have ice blocks applied to metal roof at Forest Hill Cemetery. The motion was seconded by Councilman Schaeffer and carried unanimously

AUDIENCE CONCERNS

Bob Dando, Pomfret resident, asks what the plans are for the current Town Hall, board comments on their plans to sell it with potential buyers, after building is appraised and gone to market.
Bob Dando also questions about the time frame till the move to the New Town Hall, Supervisor Pacos estimates, hopefully 12 months depending on how long the final process takes with closing and renovating the building.

SUPERVISOR PACOS

Councilman Rak made a motion adopt the Amending Bond Resolution for Cemetery Wall project. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilwoman Eckman made a motion to accept CPL’S recommendation from CC Environmental Planning at an offer quoted price of $7,830 covered though North End Water District Phase 3 project. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion for approval of Fredonia Animal Hospital Agreement. The motion was seconded by Councilwoman Eckman.
Councilman Rak made a motion for an approval for payment for damages done to a fence on 55 Lambert Ave. The motion was seconded by Councilwoman Eckman and carried unanimously.
The Board held a discussion on the Tech Wash Car Wash and the non-billing of sewer service since the business opened. This has been tabled till further notice.
Councilwoman Eckman made a motion to approve the Lily Dale water district water rates. The motion was seconded by Councilman Schaeffer and carried unanimously.

$40.00 Minimum for up to 5,000 gallons (increase of $10.00)
$7.78 per 1,000 gallon after (increase of $1.30 from $6.48)

Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Rak and carried unanimously.

TOWN OF POMFRET, TOWN BOARD
RESOLUTION
Calling for a PUBLIC HEARING to set Sewer Rents, Sewer Usage Charges in the Lily Dale Sewer District.
WHEREAS. The Town Board of the Town of Pomfret desires to amend the Sewer Rents, Sewer Usage Charges in the Lily Dale Sewer District in the Town of Pomfret and desires to call a Public Hearing prior to doing so;
            NOW, on motion of Councilwoman Eckman seconded by Councilman Rak it is;
            RESOLVED, that the Town Board of the Town of Pomfret does hereby call for a Public Hearing to be held before the Town Board on the 9th day of April, 2025, at 6:20p.m. at the Town Hall, 9 Day Street, Fredonia, NY for the purpose of reviewing, amending, and setting new sewer district sewer rents and sewer usage charges to be applicable in the Lily Dale Sewer District in the Town of Pomfret, and be it further;
            RESOLVED, that the Town Clerk is hereby directed to post and publish the Notice of Public Hearing as required by law.

Councilman Rak made a motion to Amend a contract for Intermunicipal cooperation for shared Assessors office good through September 30, 2025. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Rak made a motion to approve the Decommissioning Bond for the Scholfield Solar Project with Warrens recommendation. The motion was seconded by Councilwoman Eckman and carried unanimously.
Supervisor Dan Pacos made a motion to approve Jacob Purol’s payrate at $18.72 hourly for CBI effective January 1,2025. The motion was seconded by Councilwoman Eckman and carried unanimously.
Supervisor Dan Pacos made a motion to amend Thomas Starks’ payrate to $18.72 hourly for CBI effective March 10,2025. The motion was seconded by Councilman Rak and carried unanimously.
Supervisor Dan Pacos mentions a few invitations from The Grape Belt Heritage Association on March 27th with guest speaker Kathy Young. And Boys and Girls Club with Northern Chautauqua County will be holding an Event on April 25th at Shorewood County Club beginning at 6:00PM.

COUNCILMAN RAK

NONE

COUNCILWOMAN ECKMAN

Festivals of Fredonia will be holding their Easter Festival Saturday April 12th at the Methodist Church, serving up Pancake breakfast.

COUNCILMAN SCHAEFFER

Relays information from Michael Lee that there will be a festival Sunday June 1, 2025, at 2:00 PM celebrating General Lafayette’s visit to Fredonia in 1825. We have a week’s worth of events and will be kicking the week off with Tea with the Marquis. Tickets will be publicly available around April 1st, but the organizers would like to reach out to any public officials for interest first. Please reach out to the contact email BLLARK@yahoo.com if you and/or guests are interested in joining!

TOWN ATTORNEY PASSAFARO

Councilman Schaeffer made a motion to adopt the increasing the maximum cost for 202-B project for Vanburen. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Rak to adjourn the Regular Town Board Meeting at 7:02 P.M., seconded by Councilwoman Eckman and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

TOWN OF POMFRET
NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM

NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Pomfret, County of Chautauqua, State of New York, at a special meeting thereof, held on March 6, 2025, duly adopted subject to a permissive referendum, a Resolution, a copy of which is as follows:
TOWN OF POMFRET, TOWN BOARD
RESOLUTION
Regarding Purchase of Land and Building for a Town Hall.
Thursday, March 6, 2025

WHEREAS, The Town Board of the Town of Pomfret, Chautauqua County, New York, has determined that it is necessary for the Town to acquire a building and land for a new Town Hall for the good administration and expansion of necessary facilities for the public safety, convenience, and administration of Town services; and
WHEREAS, the Town Board has determined that the building and land of real property located at 10410 Chestnut Road in the Town of Pomfret, also known as tax map parcel Section 112.08 Block 1 Lot 7, may be a suitable building and land site for a new Town Hall in the Town of Pomfret; and
WHEREAS, the Town Board has entered into negotiations with the current owner of said premises, the Church of Jesus Christ of Latter-day Saints, which previously occupied and used said premises as a religious meeting house; and
WHEREAS, should this resolution be adopted and approved, certain renovations, construction, facilities, equipment, and furnishings would be required to convert the building space to a suitable premises for the operation and administration as a Town Hall; and
WHEREAS, the Town Board has authority to enter into contract to purchase and acquire land and buildings for a Town Hall, which is a public purpose under the Town Law of the State of New York, and further has authority under the Town Law of the State of New York to repurpose, rebuild, remodel and acquire necessary facilities, equipment, furnishings to operate a Town Hall;
            NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Supervisor of the Town of Pomfret to enter into a contract with the current owner of said premises for the purchase of the lands and buildings of real property located at 10410 Chestnut Road, in the Town of Pomfret, also known on the tax map as SBL: 112.08-1-7, for the contract price of $370,000.00, together with the costs of remodeling, renovating and re-purposing said building for use by the Town at a maximum cost not to exceed $600,000.00, contingent upon satisfactory environmental review and inspection, availability and use of funds set aside for said purpose in the amount of $330,000.00, receipt of a Federal Grant in the amount of $440,000.00, for said purpose, and the availability of satisfactory financing for the balance, passage of the permissive referendum period required under the Town Law without a Petition for a permissive referendum being filed, and all other contingencies considered necessary by the Town Board and recited in the proposed contract of purchase; and
            IT IS FURTHER RESOLVED, that this Resolution to acquire lands and buildings, re-purpose, remodel and renovate, as aforesaid is subject to permissive referendum as required by the Town Law of the state of New York.
Date:   March 6, 2025

March 6, 2025 Special Meeting Town Board Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:30 P.M. March 6, 2025 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:                            Supervisor Daniel Paos
Town Clerk Samantha Kellogg
Town Counsel Jeffrey Passafaro

COUNCILPERSONS:         Michael Lee
Adam Rak
Ann Eckman

ABSENT:                              Christopher Schaeffer

The Pledge of Allegiance was recited prior to the start of the Public Hearing beginning at 5:30PM

The purpose of this Special Meeting of the Pomfret Town Board is for the purpose regarding purchase of land and building for a Town Hall.

WHEREAS, The Town Board of the Town of Pomfret, Chautauqua County, New York, has determined that it is necessary for the Town to acquire a building and land for a new Town Hall for the good administration and expansion of necessary facilities for the public safety, convenience, and administration of Town services; and
WHEREAS, the Town Board has determined that the building and land of real property located at 10410 Chestnut Road in the Town of Pomfret, also known as tax map parcel Section 112.08 Block 1 Lot 7, may be a suitable building and land site for a new Town Hall in the Town of Pomfret; and
WHEREAS, the Town Board has entered into negotiations with the current owner of said premises, the Church of Jesus Christ of Latter-day Saints, which previously occupied and used said premises as a religious meeting house; and
WHEREAS, should this resolution be adopted and approved, certain renovations, construction, facilities, equipment, and furnishings would be required to convert the building space to a suitable premises for the operation and administration as a Town Hall; and
WHEREAS, the Town Board has authority to enter into contract to purchase and acquire land and buildings for a Town Hall, which is a public purpose under the Town Law of the State of New York, and further has authority under the Town Law of the State of New York to repurpose, rebuild, remodel and acquire necessary facilities, equipment, furnishings to operate a Town Hall;
            NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Supervisor of the Town of Pomfret to enter into a contract with the current owner of said premises for the purchase of the lands and buildings of real property located at 10410 Chestnut Road, in the Town of Pomfret, also known on the tax map as SBL: 112.08-1-7, for the contract price of $370,000.00, together with the costs of remodeling, renovating and re-purposing said building for use by the Town at a maximum cost not to exceed $600,000.00, contingent upon satisfactory environmental review and inspection, availability and use of funds set aside for said purpose in the amount of $330,000.00, receipt of a Federal Grant in the amount of $440,000.00, for said purpose, and the availability of satisfactory financing for the balance, passage of the permissive referendum period required under the Town Law without a Petition for a permissive referendum being filed, and all other contingencies considered necessary by the Town Board and recited in the proposed contract of purchase; and
            IT IS FURTHER RESOLVED, that this Resolution to acquire lands and buildings, re-purpose, remodel and renovate, as aforesaid is subject to permissive referendum as required by the Town Law of the state of New York.
Date:   March 6, 2025

A motion made by Supervisor Daniel Pacos to approve the following resolution for purchase of land and building for a Town Hall seconded by Councilwoman Eckman and approved unanimously.

Roll Call Vote: AYE NAY

Daniel W. Pacos _X_ _____
Ann E. Eckman _X__ _____
Adam Rak _X__ _____
Michael Lee _X__ _____

AUDIENCE CONCERNS:

Michael Barris mentions his concerns for the walkability for the location on Chestnut Street, stating having the town hall on barker common being the center of the town represents a great convenience.

DULY MOVED by Supervisor Daniel Pacos to adjourn the Special Town Board Meeting at 5:35 P.M., seconded by Councilman Lee and carried unanimously.

Respectfully submitted,

Samantha Kellogg,
Town Clerk, Town of Pomfret

February 5, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 5, 2025 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT: Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner

COUNCILPERSONS:           Michael Lee
Adam Rak
Christopher Schaeffer
Ann Eckman
ABESENT: NONE

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the
January 8, 2025 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Supervisor Daniel Pacos to approve the payment of bills on abstract #2 of 2025. The motion was seconded by Councilman Rak and carried by a roll call vote.

Roll Call:
Supervisor Pacos-AYE
Councilman Lee-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE

General Fund Town Wide      $12526.90
General Fund Part Town        $183.99
Highway Fund Part Town       $110,919.64
Berry Water District $7,805.58
Chestnut Water District          $1,703.29
North End Water District        $73,345.01
Lily Dale Water District $75.00
Lily Dale Sewer District $422.23
Capital Projects $204,610.28
Pomfret Fire Protection          $7,678.05
Lily Dale Fire District $0.00
CBI $314,200.97

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board the January 2025 report of monies collected. A total of $4,331.00 was collected. The report is on file with the Clerk’s Office.
The tax report for January 9-February 8, 2025 (Penalty Free) is as follows:

Bills Processed: 4,100
Total Amount Collected: $6,361,528.21

Pomfret Town Justice report for January 2025 is as follows:

Justice Cerrie Total Cases:     58
Total Fine & Surcharges:       $5153.00
Cases dismissed:                     7

Pomfret Town Justice report for January 2025 is as follows:

Justice Dietzen Total Cases: 212
Total Fine & Surcharges: $9771.50
Cases dismissed: 94

The Pomfret Town Hall Offices and Buildings will be closed Monday, February 17, 2025 in observance of President’s Day.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The Board received the January 2025 work report, and it is on file with the Clerk’s Office.
Requests CBI Under pomfret for UDIG

AUDIENCE CONCERNS

NONE

SUPERVISOR PACOS

The Board received the Annual Audit of the Justice Court records, and Clerk Kellogg will send them to the state.
Councilwoman Eckman made a motion to accept the Town Justice Court Audits, conducted by Supervisor Pacos, with no items to be noted for the year 2024. The motion was seconded by Councilman Lee and carried unanimously.
The Town Board held a brief discussion with planning board members regarding Zoning, mentioning the map needing corrections. The subject will be on hold until Next month’s meeting.
The Town Board held a discussion on Lil Dale water/sewer rates.
Councilman Schaeffer made a motion to approve Samantha Kellogg as AP Clerk for CBI at the Rate of $160.68 per month. The motion was seconded by Councilman Lee and carried unanimously.
Discussion on forming a Waterfront advisory Committee.

COUNCILMAN LEE

NO UPDATE

COUNCILMAN RAK

Councilman Rak mentions a grand scale H2A program to bring in farm workers, looking to buy out many of the churches around the area.

COUNCILMAN SCHAEFFER

NO UPDATE

COUNCILWOMAN ECKMAN

NO UPDATE

TOWN ATTORNEY PASSAFARO

Passafaro comments on Vanburen project stating if the maximum of the project goes up, we’ll have to redo a public hearing.

Councilman Schaeffer made a motion to bring the meeting into an executive session at 7:11 pm. The motion was seconded by Councilman Lee and carried unanimously.

DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 7:49 P.M., seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

Samantha Kellogg
Town Clerk

January 8, 2025 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 8, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.


PRESENT:                              Supervisor Daniel Pacos
Town Clerk Samantha Kellogg                                                          Town Counsel Jeffrey Passafaro

COUNCILPERSONS:           Michael Lee
                                                Adam Rak
                                                Christopher Schaeffer
                                                Ann Eckman

ABSENT:                                Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the
December 11, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak, the motion carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the January 2, 2025 Organizational Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Lee to approve the payment of bills on abstract #13 of 2024. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Lee -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 Council to approve the payment of bills on abstract #2-13 of 2024 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 Lee -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 2025. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Lee-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 Rak and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Lee-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS

Town Clerk Kellogg provided to the Pomfret Board an annual report of all monies collected through the office in 2025. A total of $11,8457.20. A copy of the report is on file with Town Clerk Kellogg.
Town Clerk Kellogg provided to the Pomfret Board the December 2024 report of monies collected. A total of $4,879.50 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice report for December 2025 is as follows:

Justice Dietzen Total Cases: 111
Total Fines & Surcharges: $8,861.00
Cases dismissed: 20
Justice Cerrie Total Cases: 160
Total Fines & Surcharges: $7,699.00
Cases dismissed:35

The Annual Historian Report for the year 2024 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 2024. The report is on file with the Clerk’s Office.
The Pomfret Offices will be closed Monday, January 20, 2025, in observance of Martin Luther King Jr.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The Board received the December 2024 work report.

Councilman Shaffer made a motion with the reserve as established by the highway superintendent to post the old 2002 Ingersoll ran DD 30 Roller Vin#17389 to Auctions International. The Motion was seconded by Councilman Lee and carried unanimously.
Councilman Shaffer made a motion to approve the purchase of 2 new cemetery mowers as approved and listed on the 2025 budget. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve all full-time employees the option of purchasing Combined life insurance at their own cost. The motion was seconded by Councilman Rack and carried unanimously.
Councilwoman commented new truck will be here mid-June that was purchased previously along with the new Roller.
Councilman Eckman made a motion to Authorize National grid to install 2 new streetlights on Martha's Vineyard. The motion was seconded by Supervisor Pacos and carried unanimously.

AUDIENCE CONCERNS

Jessica Wurster held a presentation on Norther Chautauqua County Local Waterfront Revitalization Program. Looking to have a Draft plan followed this year to meet deadlines
Member of the audience made remarks of looking at kayaking stations on Canadaway Creek on Creekside properties, Supervisor Pacos acknowledged we have the Kayak launch at Cassadaga lake.
Member of the audience commented on not limiting signage in Town properties for political signage.

SUPERVISOR PACOS

Supervisor Pacos Introduces Deputy Robert Hannah to the Board and guest.
Councilwoman Eckman made a motion to appoint Samantha Kellogg as Records Management Officer. The motion was seconded by Councilman Rak and carried unanimously. With all benefits and rights that accrue.
Councilman Rak made a motion to Adopt NYS Archives LGS 1 records with pension and disposition schedule. The motion was seconded by Schaeffer and carried unanimously.

Councilman Schaeffer made a motion to Approve contract with Municipal Solutions. This motion was seconded by Councilman Lee and carried unanimously
Andy Martin proposed final Chapter 300 of Zoning Drafts
Councilman Lee made a motion to approve the awarding of the proposal N W contracting for a base fee of $ 91,751.00 as recommended by our Engineers. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve Pay application # 2 for Cemetery wall restoration with N. Matthews Enterprises totaling $81.710.83 Signed off by the engineer and contractor. The motion was seconded by Councilman Rak and carried unanimously.
Supervisor Pacos reports working with Mayor Ferguson for the Village on the New Years Eve ball drop at the White Inn having an excellent turn out and had great feedback on the event. We have plans on how to improve and include more businesses in the event! Supervisor Pacos Thanks all that helped with the Successful Ball Drop!

COUNCILMAN LEE
-None

COUNCILMAN RAK

Mentions the Lily Dale Water treatment and concerns for any updates. Supervisor Pacos comments current projects are moving slowly and will be looked further into.

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN

Councilwoman Eckman made a motion to Change our Regular scheduled Town Board Meeting February 12,2025 to February 5,2025 @ 6:30 on 9-day street Town Hall, as Supervisor Pacos will be out of town. Motion was seconded by Councilman Schaeffer and carried unanimously.

TOWN ATTORNEY PASSAFARO

Comments after speaking to the Supervisor anyone needing any Tax matters to reach out.

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

Respectfully Submitted,

Samantha Kellogg
Town Clerk

January 2, 2025 Organizational Meeting

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 02, 2025 at 5:30P.M.

Present:            Supervisor Daniel Pacos
  Town Clerk Samantha Kellogg

Councilpersons:
Councilman Christopher Schaeffer
Councilman Adam Rak
Councilwoman Ann Eckman
Councilman Michael Lee

Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.

APPOINT TOWN CLERK

Town Board appoints Samantha Kellogg as Town clerk / Tax Collector

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

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor $ 12,000
Councilperson (4)        $ 4,500            (each)
Town Justices (2)        $ 17,680          (each)
Town Clerk $ 48,000
Highway Superintendent $ 76,440

DULY MOVED by Councilman Rak, seconded by Councilman Lee 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.

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 Councilwoman Eckman, seconded by Councilman Lee 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 Supervisor Pacos, seconded by Councilman Rack and carried unanimously with Councilwoman Eckman abstaining.

APPOINT DEPUTY TOWN CLERK/DEPUTY TAX COLLECTOR

Town Clerk Samantha Kellogg appoints Robert Hannah as Deputy Town Clerk and Deputy Tax Collector.

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

Highway Superintendent Jude Gardner request permission on hiring Bradly Jones as MEO at the Hourly rate of $23.8.

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

APPOINT HISTORIAN

Town Board appoints Lillian Pacos as Town Historian

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

APPOINT ASSESSOR

Town Board reappoints Jeanne Ebersole as Assessor.

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

APPOINTMENTS AND SALARIES AS FOLLOWS:
Jeanne Ebersole – Assessor                                                    $98,037.00      per year
*The subject of a multi-municipal shared service agreement
Erin Sayers      -Assessor Clerk                                               $16.20             per hour
Board of Assessment Review                                                 $15.70             per hour
Warren Kelly-Code/Inspection Officer                                   $37,440.00      per year
Warren Kelly-Fire Inspector                                                   $7,280.00        per year
Nicole Waite-Secretary for Zoning & Planning Board               $ 17.20            per hour
David Penharlow- Zoning Enforcement Officer                    $8,112.00        per year
Samantha Kellogg       -Civil Defense Officer                        $150.00           per year
Christine Deker           -Court Clerk                                        $19.28             per hour
Heidi Sobecki- Court Clerk                                                    $20.80             per hour
Mark Dietzen -Court Officer                                                 $18.13             per hour
David Pleszewski-Court Officer                                             $18.13             per hour
Jeff Nickerson-Court Officer                                                  $18.13             per hour
Mike Callendar-Court Officer                                                $18.13             per hour
Robert Adams -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
Jeff Nickerson                                                                         Fees As Allowed By State
Samantha Kellogg -Registrar                                                 Fees As Allowed By State
Rob Hannah -Deputy Town Clerk                                          $16.20             per hour
Samantha Kellogg -Tax Collector                                           $6,850.00        per year
Rob Hannah-Deputy Tax Receiver                                         $3,750.00        per year
Jeffrey Passafaro-Town Counsel                                            $175.00per hour/$190.00per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services                  $17,000.00      per year
Brad Dietzen-Pomfret Cemetery Sexton                                $18.98             per hour
Jude Gardner   -Cemetery Maintenance Supervisor                $3,800.00        per year
Dennis Maslak                                                                        $33.41            per hour
Loren Laurito                                                                          $34.84             per hour
Jeff O’Brien (includes $1.50/hr. for Deputy. Highway Superintendent)      $34.14             per hour
David Dunlap                                                                          $32.60             per hour
Bradley Jones                                                                          $23.82             per hour
Paul Kingsbury                                                                       $28.02             per hour
Tyler Haynes                                                                           $28.02             per hour
Dalton Gardner                                                                       $23.82             per hour
Jude Gardner   -Public Works Superintendent                        $2,400.00        per year
Jude Gardner   -Water Dist. System Operator                         $3,000.00        per year
Loren Laurito -Water Dist. System Operator                          $2,000.00        per year
Samantha Kellogg- 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
Lillian Pacos Town Historian                                                  $1,500.00        per year
Samantha Kellogg -Web Master                                             $500.00           per year
Samantha Kellogg-Cleaner                                                     $275.00           per month
Kayla Sullivan-Recreation Director                                        $3,000.00        per year
Leanne Fabrizio                                                                      $20.80             per hour
Michael Riforgiato                                                                  $20.80             per hour

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

CBI Employees
Loren Laurito-Water Maint. Supervisor                                 $34.84             per hour
Jacob Purol- Laborer                                                               $18.72             per hour
Chris Surma- Laborer (PT)                                                     $20.55             per hour
Thomas Starks- Billing/Collection Clerk                               $17.52             per hour
Karen Trippy-Billing/Collection Clerk (PT)                          $20.55             per hour

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

SICK LEAVE, PAID HOLIDAYS, PERSONAL DAYS, AND VACATION FOR
FULL-TIME EMPLOYEES

Town Hall personnel working a minimum of 35 hours per week and all Highway
Department employees working a minimum of 40 scheduled hours per week be eligible
for sick leave, paid holidays, personal days, and vacation as follows:

SICK LEAVE
1.One (1) day earned per month; twelve (12) days earned per year.
2.After three (3) days, a doctor’s certificate is required.
3.Sick leave can be accumulated up to one hundred and sixty-five (165) days at full salary.

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

VACATION
The first three months of continuous, new, employment there will be no given vacation time.
2.At the beginning of the fourth month of continuous employment, the employee shall receive one vacation day. At the beginning of the seventh month of continuous employment, the employee will receive an additional one-day vacation, and at the beginning of the tenth month of continuous employment, the employee will receive one day of vacation, not to exceed three days during their first full year of employment.

3. After completing:
One & Two Full Years                        One-week paid vacation /Five (5) days
Three & Four full years          Two weeks paid vacation /Ten (10) days
Five full years                         Three weeks paid vacation /Fifteen (15) days
Six full years                           Additional day /Sixteen (16) days
Seven full years                       Additional day /Seventeen (17) days
Eight full years                        Additional day/ Eighteen (18) days
Nine full years                         Additional day /Nineteen (19) days
Ten full years                          Additional day /Twenty (20) days
Maximum Paid Vacation        Twenty (20) Days

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

TOWN OF POMFRET INSURANCE BENEFITS

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

HEALTH INSURANCE BENEFITS

1. No one except full-time employees or those who work more than thirty-five (35) hours a
week and retirees who were full-time employees of the Town for ten (10) years or more
are eligible for health insurance.
Effective January 1, 2014 all individuals eligible for and participating in the Town’s
health insurance plan, will be required to contribute ten percent (10%) of the annual
premium cost of health insurance.
2. Effective January 1, 2008, any new part-time elected officials, whether elected or
appointed, or part-time employees of The Town of Pomfret, hired after the effective
date, may participate in the plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.
3. Effective January 1, 2008, no part time elected official retiring after the effective date of
this resolution will be eligible for any health insurance benefit at Town expense, but may
participate in the plan by paying one hundred percent (100%) of the premium cost
without contribution from the Town of Pomfret.
4. The following resolution adopted November 8, 2006:
RESOLVED, that no post-retirement or post-employment health insurance benefits, shall be afforded to, or provided to, any employee of the Town of Pomfret hired after November 1, 2006, and be it further
RESOLVED, that the Town health insurance policy is so amended, and that the Town Employee Handbook and any other related document amended by this resolution shall be modified and amended as stated herein.
5. The Town of Pomfret has developed an Insurance Buyout policy for eligible employees
who choose to not take advantage of Health Insurance offered by the Town. No part
time Employee is entitled to participate in any buyout plan.

For eligible full-time employees, the annual buyout amounts shall be as listed:
Active employees                   Retirees
$1500 Family/Double             $750
$750 Single

At age sixty-five (65) all retirees buyout amounts shall be reduced to $750
(double) and $375 (single) or participation in the Town financed Senior Medicare
program.

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

DENTAL INSURANCE

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

1. Those eligible for participation in the plan shall all be full time employees of the Town
of Pomfret, the Highway Superintendent, and Town Clerk. The Town as the employer
shall pay fifty percent (50%) of the annual premium and the eligible employee or Town
official shall pay fifty percent (50%) of the premium.

2. All other elected officials of the Town of Pomfret and part-time employees of The Town
of Pomfret may participate in the plan but shall pay one hundred percent (100%) of the
premium cost without contribution from the Town of Pomfret.

3. It is the policy of the Town Board of the Town of Pomfret to make eligible for dental
insurance only active employees or officials and no benefits shall be offered or extended
nor shall this resolution be in any manner construed to extend any benefit under this plan
to any retired or former Town employee or official.

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

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 Councilwoman Rak, seconded by Councilman Schaeffer and carried unanimously.

CLOTHING ALLOWANCES (HIGHWAY DEPARTMENT EMPLOYEES)

The following motion adopted January 5, 2000, and amended November 8, 2000, will
remain in effect:
The Town of Pomfret will provide a clothing reimbursement, including steel-toed work shoes
or boots, of $200.00 per calendar year to all full-time Town of Pomfret Highway
Department employees and the Highway Superintendent. To receive reimbursement
from the Town, the employee or Highway Superintendent must present an original paid invoice.

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

TOWN PROCUREMENT POLICY

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

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

TOWN DEPOSITORIES

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

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

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $.70 per mile for Town officials while on Town
business, subject to Town Board approval.  Elected Officials will not be reimbursed for
travel within the Town boundaries.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Lee 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 2025, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Robert Smith to serve on the Town Planning Board.

MEMBERS                 YEAR
Robert Dando             2026
Ashley Willebrandt      2027
Heather Lesch             2028
James Joy-Chairman   2029
Robert Smith               2030

DULY MOVED by Councilman Rak, 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 2025, with each term expiring the second Wednesday in January of the
year listed below and the reappointment of Raymond Lewandowski:

MEMBERS                            YEAR
Ruth Eckstrom                        2026
Michaelene Comerford           2027
Alex Moon                              2028
David Fridmann-Chairman     2029
Raymond Lewandowski         2030

DULY MOVED by Councilman Schaeffer seconded by Councilman Lee 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, 2025.

DULY MOVED by Councilwoman Eckman, seconded by Councilman Rak 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 Rak, seconded by Councilman Schaeffer 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 Councilman Schaeffer, seconded by Councilman Lee 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 Lee, seconded by Councilwoman Eckman 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 2025.

DULY MOVED by Councilwoman Eckman, seconded by Council Rak 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 Rak, seconded by Councilman Schaeffer 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 Councilman Schaeffer, seconded by Councilman Lee 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 2025.

DULY MOVED by Councilwoman Eckman, 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
2025 with no financial compensation and Councilman Rak is appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilman Lee, seconded by Councilman Schaeffer 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 2025 at a rate of $500.00 for the year.

DULY MOVED by Councilman Lee, seconded by Councilwoman Ann 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 Council Rak, seconded by Councilman Schaeffer and carried unanimously.

SUPERVISOR COMMITTEE APPOINTMENTS
1891 Fredonia Opera House               Eckman           Schaeffer
Audit                                                   Eckman           Rak
Buildings                                             Rak                  Schaeffer         Lee
Cable Commission                              Lee                  Schaeffer
Cemeteries                                           Pacos               Eckman           Rak
Chamber of Commerce                       Lee                  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           Lee
Planning Bd. /Zoning Bd.                   Eckman           Rak                  Pacos
Preservation Society                           Lee                  Schaeffer
Public Safety                                       Lee                  Eckman
(Fire/Police/Code Enforcement/DCO/Courts)
Regional Planning                               Pacos
Special Districts                                  Pacos
(Excluding Lily Dale)

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

DULY MOVED by Councilman Rak, seconded by Councilman Schaeffer to adjourn the Organizational Meeting at 5:55 P.M. The motion carried unanimously.

Respectfully Submitted,

Samantha Kellogg

Samantha Kellogg
Pomfret Town Clerk

December 11, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. December 11, 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 prior to opening the Public Hearings.

DULY MOVED by Councilwoman Eckman to accept the minutes of the November 6, 2024 Public Hearring-Fredonia/Pomfret Fire Protection. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the November 6, 2024 Public Hearing-Local law Tax Cap Override. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 6, 2024 Public Hearing-Preliminary Budget. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held November 6, 2024. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #12 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      $20,760.51
General Fund Part Town        $7,064.05
Highway Fund Part Town       $23,212.74
Berry Water District               $68.35
Chestnut Water District          $45.00
North End Water District        $110.37
Lily Dale Water District         $10,328.22
Lily Dale Sewer District         $4,359.72
Capital Projects                       $60,805.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-12 of 2024 in the amount of $283,409.52 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

DULY MOVED by Supervisor Pacos to approve the following budget modifications. The motion was seconded by Councilwoman Eckman and carried unanimously.

GENERAL FUND TOWNWIDE
$4,000             FROM             A1355.1          Assessor Assistant
                        TO                   A1355.2          Assessor Equipment

$3,855             FROM             A1355.1          Assessor Assistant
                        TO                   A1620.2          Buildings Equipment

$7,500             FROM             A1355.1          Assessor Assistant
                        TO                   A1680.4          Central Data Processing Contractual

$2,500             FROM             A5132.2          Garage Equipment
                        TO                   A5132.4          Garage Contractual

$100                FROM             A5010.1          Highway Supt. Clerk
                        TO                   A5010.4          Highway Supt. Contractual

$275                FROM             A5010.1          Highway Supt. Clerk
                        TO                   A1440.4          Engineer Contractual

$500                FROM             A5010.1          Highway Supt. Clerk
                        TO                   A1650.4          Central Communication Contractual

$1,000             FROM             A5010.1          Highway Supt. Clerk
                        TO                   A7620.41        Adult Recreation Exercise Contractual

$4,400             FROM             A9060.8          Employee Benefits Hospital & Medical
                        TO                   A9050.8          Employee Benefits Unemployment

GENERAL FUND OUTSIDE VILLAGE
$500                FROM             B6989.4          Economic Development
                        TO                   B4020.1          Registrar of Vital Stats.

$7,000             FROM             B7140.1          Playground & Recreation Personal Serv.
                        TO                   B8020.4          Planning Contractual

$5,000             FROM             B7140.2          Playground & Recreation Equipment
                        TO                   B8020.4          Planning Contractual

HIGHWAY FUND OUTSIDE VILLAGE
$12,000           FROM             DB9060.8       Employee Benefits Hospital & Medical
                        TO                   DB5130.4       Machinery Contractual

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the November 2024 report of monies collected. A total 6,111.00 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice Report for November 2024 is as follows:

Justice Michael Cerrie Total Cases:               155
Total Fines & Surcharges:                              $6,633.00
Cases dismissed:                                             43
            Pomfret Town Justice Report for November 2024 is as follows:
                        Justice Nancy Dietzen Total Cases:               99
                        Total Fines & Surcharges:                              $6,821.00
                        Cases dismissed:                                             20

The Code Enforcement monthly report for November is on file in the Clerk’s office.
Councilwoman Eckman made a motion to appoint Samantha Kellogg as Deputy Town Clerk and Deputy Tax Collector at $18.25 per hour effective November 11, 2024. The motion was seconded by Councilman Sedota and carried unanimously.
Town of Pomfret offices and buildings will be closed December 25, 2024 in observance of the Christmas Holiday.

HIGHWAY SUPERINTENDENT JUDE GARDNER

November work report was submitted to the board.
Councilman Rak made a motion to approve the purchase of a Caterpillar Roller at a cost not to exceed $61,804.00 off OGS bid, #PC69406. The motion was seconded by Councilman Sedota and carried by roll call vote.

Highway Superintendent Gardner informed the board he has received resignation from Jeffrey Abbey, effective December 9, 2024.
Councilman Rak made a motion to adjust Paul Kingsbury and Tyler Haynes rate of pay to $28.02 per hour and Dalton Garnder to $23.82. The motion was seconded by Councilman Sedota and carried unanimously.
Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to hire Sam Alimo of Cassadaga, N.Y. to the Highway Department, effective December 11, 2024 at a rate of pay of $23.82 per hour. The motion was seconded by Councilman Schaeffer and carried unanimously.
Highway Superintendent Gardner will prepare his request for parking regulations within the Town of Pomfret and give to Town Attorney Passafaro to be put in local law form.

AUDIENCE CONCERNS
-None

SUPERVISOR PACOS

Supervisor Pacos presented Certificates of Appreciation to Councilman John Sedota for his nine years on the Town Board and to Town Clerk Vento for her 15 years of service as Deputy Town Clerk and Town Clerk.

Councilman Schaeffer made a motion to approve the following 2025 contracts. The motion was seconded by Councilman Sedota and carried unanimously.

The Board, Zoning Enforcement Officer, David Penharlow, and Planning Chairman, Jim Joy, discussed the zoning changes. Mr. Penharlow presented the board with a memo of suggestions which they discussed. Supervisor Pacos will get the edits to Andy Martin, Ingalls Planning and Design to include in the draft.
Councilwoman Eckman made a motion to appoint Tom Starks, CBI Billing Clerk at a rate of pay of $16.85 per hour. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion to appoint Erin Sayers to a provisional position of Assessor Clerk at a rate of pay of $16.20 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
Councilman Sedota made a motion to approve the quote from Synchronet in the amount of $496.00 for a Battery Backup and Dual Band Wireless Access Point. The motion was seconded by Councilwoman Eckman and carried unanimously.
The Van Buren Water District improvement bids were received. An award cannot be given as all bids came in above budget. The engineers will work to create new specifications and rebid.
Councilman Schaeffer made a motion to authorize Supervisor Pacos to accept the WIIA Grant for Phase 2. The motion was seconded by Councilman Rak and carried unanimously.
The Town received correspondence from EFC (Environmental Facilities Corp.) stating the Berry and Chestnut WIIA grant applications were not granted. The town will reapply.
Supervisor Pacos is working with Town Assessor Ebersole on the pro-housing paperwork.
Councilwoman Eckman made a motion to approve the Pay Application #1 for N. Mathews Enterprises, for work being done on the Pioneer Cemetery Wall. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Sedota made a motion to approve the amended Pomfret/Fredonia Fire Contract to reflect lump sums being paid each year. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilman Schaeffer made a motion to allocate the ARPA funds as follows. The motion was seconded by Councilman Sedota and carried unanimously.

Supervisor Pacos informed the board they may be receiving a contract to approve regarding CBI (Chadwick Bay Intermunicipal Waterworks) for the Town to pay their share of the North County Water District in the amount of $67,941.57.
Councilwoman Eckman made a motion to grant and authorize the Waiver of the 30-Day Municipality Notification on behalf of Harvest View Agritainment, LLC, located at 4936 W. Main Rd., Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
Supervisor Pacos wished all a Happy Holiday.

COUNCILWOMAN ECKMAN

A full report will be given at the January meeting regarding the tree work being done at Forest Hill Cemetery and Pioneer Cemetery. She stated the Town missed the window to spray for the insect attacking the Hemlocks due to weather. This will be scheduled for next fall and will be funded by the endowment fund through Northern Chautauqua County Foundation.

COUNCILMAN SCHAEFFER
-No report

COUNCILMAN SEDOTA

Mr. Sedota stated he enjoyed his time on the Town Board and serving the residents of the Town of Pomfret and Village of Fredonia.

COUNCILMAN RAK
-No Report
TOWN ATTORNEY PASSAFARO

Town Attorney Passafaro stated the tax cases are progressing.
Mr. Passafaro thanked John Sedota for his time as Councilman and Town Clerk Vento for her service.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 7:54 P.M. The motion was seconded by Councilman Schaeffer and carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Pomfret Town Clerk

November 6, 2024 Public Hearing Minutes

         PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 6, 2024 at 5:45P.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
                        Councilman Adam Rak


The Public Hearing is being held for the purpose of the 2025 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2025 Preliminary Budget reflects a town wide rate of 4.3330898, a 0.08 increase with additional outside Village Rate of 4.2469208 or 0.00 increase, and total Outside Village rate of 8.5800107. Supervisor Pacos went thru the rates and figures within the budget and explained the Town has to enact a local law to override the tax cap because of the Pomfret/Fredonia Fire Protection contract renewal.

With no questions, comments, or concerns from the public, a motion made by Councilwoman Eckman seconded by Councilman Rak to close the Public Hearing at 5:50 P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

November 6, 2024 Public Hearing Minutes

PUBLIC HEARING of the Town of Pomfret held Wednesday, November 06, 2024, at 5:30 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.

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

COUNCILPERSON:
                                    Councilman John Sedota
                                    Councilman Christopher Schaeffer
                                    Councilwoman Ann Eckman
                                    Councilman Adam Rak

Town Clerk Vento produced proof of posting and publication.

Supervisor Pacos stated the tax cap override is necessary for this coming budget year because of the Van Buren Water District, Pomfret/Fredonia Fire Contract, and the North End Water District capital charges. Councilwoman Eckman made the comment this has nothing to do with the Pioneer Cemetery Wall reconstruction.

The purpose of this public hearing is to hear public comments on proposed a local law to override the tax cap limit for the budget year of 2025.
Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2025 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

Section Two – Authority:                  This Local Law is adopted pursuant to subdivision five of General Municipal Law, Section 3-c, which authorizes the Town Board to override the tax levy limit set forth in the statute by adoption of a local law approved by a vote of sixty (60%) percent of the Town Board, adopted prior to the adoption of the budget by the Town Board.

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2025 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

Section Four – Severability:              If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment or order shall be rendered by a court of competent jurisdiction.

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

With no further public comment the public hearing was closed at 5:33P.M. by motion of Councilman Sedota and seconded by Councilwoman Eckman and carried unanimously.

Respectfully submitted,
Allison Vento, MMC/RMC
Pomfret Town Clerk

November 6, 2024 Regular Town Bard Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. November 6, 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 prior to opening the Public Hearings.

DULY MOVED by Councilman Rak to accept the minutes of the October 9, 2024 Public Hearring Minutes-Lily Dale Fire. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the Regular Town Board Meeting held October 9, 2024. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the Workshop Meeting held October 16, 2024. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2024 with one addition to Karl Rizzo in the amount of $251.20. The motion was seconded by Councilman Schaeffer 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      $26,811.98
General Fund Part Town        $200.14
Highway Fund Part Town       $11,643.65
Berry Water District               $11,058.38
Chestnut Water District          $2,704.99
North End Water District        $93,553.14
Lily Dale Water District         $194.26
Rt. 20 Water District               $73.87
Rt. 20 Sewer District              $68.87
Rt. 60 Water District               $546.41
Rt. 60 Sewer District              $541.41
Sewer 1                                   $2,336.96
Sewer 2                                   $1,270.38
Lily Dale Sewer District         $768.37
Capital Projects                       $244,691.61

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2024 in the amount of $39,866.17 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-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE

DULY MOVED by Councilwoman Eckman to approve the following budget modifications. The motion was seconded by Councilman Rak and carried unanimously.

GENERAL FUND TOWNWIDE
Modify 2024 adopted budget by increasing revenue line A3089 State Aid-other by $7,834 and by increasing expenditure line A5132.4 Garage Contractual by $7,834.
To reflect additional state aid received

DULY MOVED by Councilman Sedota to approve the following budget transfers. The motion was seconded by Councilman Schaeffer and carried unanimously.

$154    FROM             A9010.8          Employee Benefits State Retirement
            TO                   A1910.4          Special Items Unallocated Insurance
To cover budget shortage for renewal premiums

GENERAL FUND OUTSIDE VILLAGE

DULY MOVED by Councilman Schaeffer to approve the following budget modification and transfers. The motion was seconded by Councilman Rak and carried unanimously.

Modify 2024 adopted budget by increasing revenue line B2701 Refund of Prior Year Expenditure by $2,880 and by increasing expenditure line B3620.4 Safety Inspection Contractual by $2,880.
To reflect refund received on software program

HIGHWAY FUND TOWNWIDE
$632    FROM             DA5140.4       Misc. Brush & Weeds Contractual
            TO                   DA5140.1       Misc. Brush & Weeds Personal Services

$12      FROM             DA9010.8       Employee Benefits State Retirement
            TO                   DA9030.8       Employee Benefits Social Security

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the October 2024 report of monies collected. A total of $18,211.00 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice Report for September 2024 is as follows:

Justice Michael Cerrie Total Cases:               96
Total Fines & Surcharges:                              $6,849.00
Cases dismissed:                                             15
            Pomfret Town Justice Report for October 2024 is as follows:
                        Justice Michael Cerrie Total Cases:               119
                        Total Fines & Surcharges:                              $6,342.00
                        Cases dismissed:                                             36

                        Justice Nancy A. Dietzen Total Cases:           150
                        Total Fines & Surcharges:                              $12,978.00
                        Cases dismissed:                                             17

The Code Enforcement monthly report for October is on file in the Clerk’s office.
Pomfret Offices and buildings will be closed Monday, November 11, 2024 in Veterans Day, Thursday, November 28, Friday, November 29, 2024 in observance of the Thanksgiving Holiday.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER

The October work report was shared with the board.
Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to request a speed study on Osborne Rd. The motion was seconded by Councilman Rak. Councilman Sedota voting ‘No’. The motion carried.
Councilman Rak made a motion to authorize Highway Superintendent Gardner to accept the bid for a generator from BECC Electric in the amount of $14,585.00 for the salt barn with notice Superintendent Gardner solicitated bids with only two quotes delivered. The motion was seconded by Councilman Sedota. Councilman Schaeffer voting ‘No’. The motion carried.
Councilman Sedota made a motion to authorize Superintendent Gardner to list the Town of Pomfret as a purchaser on Onondaga State bid #10914 to order an Allison Transmission ten wheeler. The motion was seconded by Councilman Schaeffer and carried unanimously.
Town Attorney Passafaro will look into a parking ban on town roads during the winter months and report back to the board.

SUPERVISOR PACOS

Supervisor Pacos asked the public to remember to move over when passing road workers and to watch for workers on all roads.
Councilwoman Eckman made a motion to adopt the following local law. The motion was seconded by Councilman Schaeffer and carried unanimously.

Section One – Purpose:                     It is the purpose of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Pomfret, County of Chautauqua, pursuant to General Municipal Law, Section 3-c, and allow the Town of Pomfret, County of Chautauqua, to adopt a budget for general town purposes, fire protection districts, and any other special or improvement district governed by the Town Board for the fiscal year 2025 that requires a real property tax levy in excess of the tax levy limit as defined in General Municipal Law, Section 3-c.

Section Two – Authority:                  This Local Law is adopted pursuant to subdivision five of General Municipal Law, Section 3-c, which authorizes the Town Board to override the tax levy limit set forth in the statute by adoption of a local law approved by a vote of sixty (60%) percent of the Town Board, adopted prior to the adoption of the budget by the Town Board.

Section Three – Override:                 The Town Board of the Town of Pomfret, County of Chautauqua, is hereby authorized to adopt a budget for the fiscal year 2025 that requires a real property tax levy in excess of the limit specified in General Municipal Law, Section 3-c. That said override applies to all special districts in the Town of Pomfret, for which the Town Board is the governing body, as the same has been interpreted and determined by the Office of the State Comptroller of the State of New York.

Section Four – Severability:              If any clause, sentence, paragraph, subdivision, or part of this Local Law, and the application thereof, to any person, firm, corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or its application directly involved in the controversy in which such judgment or order shall be rendered by a court of competent jurisdiction.

Section Five – Effective Date:           This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Councilman Rak made a motion to authorize Supervisor Pacos to enter into an agreement with the Lily Dale Fire Company for fire protection for the year 2025 in an amount not to exceed $33,428.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into an agreement for the three-year Pomfret/Fredonia Fire contract, with payment as the following. The motion was seconded by Councilman Sedota and carried unanimously.

2025-$540.489.00
2026-$549,948.00
2027-$559,572.00

Supervisor Pacos made a motion to approve the 2025 Budget with the following rates: Townwide Rate is 4.3330898 ($0.08 increase)
Additional Outside Village rate is 4.2469208

Total Outside Village is 8.5800107 ($0.00)
The motion was seconded by Councilman Sedota and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE
Councilman Rak-AYE

Councilman Schaeffer made a motion to authorize Supervisor Pacos to pay all year end bills by 12/31/24. The motion was seconded by Councilman Sedota and carried unanimously.
Councilwoman Eckman made a motion to schedule the 2025 Organizational Meeting for Thursday, January 2, 2025 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the following resolution. The motion was seconded by Councilman Rak and carried unanimously.

Application having been made to the Town of Pomfret under the Town of Pomfret Solar Facilities Law, Local Law No. 2 of 2016, for a 1.4MWAC solar Nameplate Capacity installation, known as POMFRET III PV, LLC, to be located on property at 4825 Webster Road, further identified under the Chautauqua County Tax Map as SBL 146.00-2-3, and
            WHEREAS, the application was referred to the Planning Board of the Town of Pomfret for a review and report, and
            WHEREAS, a Section 239 Referral was made to the Chautauqua County Planning Department, and response received, and
            WHEREAS, a Public Hearing was held before the Town Board, duly called as required by Law, on September 11, 2024, and
            WHEREAS, the Planning Board Review and Report recited that after review of the full EAF, as supplied by the applicant, no substantial impacts were identified, and
            WHEREAS, the Town Board conducted the Public Hearing and took all comments related to the EAF, and
            WHEREAS, the Town Board has reviewed the EAF, and now
RESOLVED that pursuant to 6NYCRR, Section 617 of the Regulations applicable to the State Environmental Quality Review Act and its review, the Town Board does hereby determine that the application for Solar facility permit known as Pomfret III PV, LLC, will not have a significant impact upon the environment, and may be processed by other applicable agencies without further regard to SEQR, and the Town Board does hereby specifically declare a Negative Declaration under SEQR.
RESOLUTION ADOPTED, All voting Aye.

Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.

WHEREAS, application has been made to the Town of POMFRET, under the Town of POMFRET Solar Facilities Law, Local Law No. 2 of 2016, by POMFRET III PV, LLC for a 1.4 MWAC on property known at 4825 Webster Road in the Town of POMFRET, and further described as Section 146, Block 2, Lot 3, and
            WHEREAS, referral was made under the Local Law to the Town of POMFRET Planning Board for a review and report, and
            WHEREAS, Section 239 GML referral was made to Chautauqua County Planning Board and said County Planning Board response was received, indicating that the matter was one of local concern, and
            WHEREAS, the Town Board duly called for and held a Public Hearing, posted and published as required by Law, on September 11, 2024 at which time all parties interested were heard, and all written comments received and made part of the record, and
            WHEREAS, the Town Board of the Town of POMFRET previously adopted a Negative Declaration under SEQR with respect to said Solar Facilities application,
RESOLVED that the site plan submitted by the applicant for POMFRET III PV, LLC, as reviewed by the Board, is hereby approved with the following setback waiver as follows: Setback waiver from 250 feet to 200 feet, and it is further
            RESOLVED that subject to the applicant complying and submitting the required Operation and Maintenance Plan, Decommissioning Plan and required Decommissioning Bond, that a Solar Facilities Special Use Permit may be issued, and application for Building Permit may be made.

Councilman Schaeffer made a motion to approve the receipt of a 2024 Milton Cat Grader, Vin#CAT00120HW9D00317 at a cost of $243,720.08. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Sedota made a motion to accept the resignation, with regret, of Mitchell Magierski, CBI Waterworks, effective November 15, 2024. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilman Schaeffer made a motion to amend Loren Laurito’s rate of pay per hour from $31.50 to $33.50 effective November 6, 2024. The motion was seconded by Councilman Sedota and carried unanimously.
Councilman Schaeffer made a motion to authorize Superintendent Gardner to advertise for a Machine Equipment Operator at $23.00 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilman Schaeffer made a motion to approve the appointment of Dalton Gardner, 32 Liberty Street, Fredonia, at $23.00 per hour as Machine Equipment Operator/Highway Department, effective November 6, 2024. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Sedota made a motion to appoint Robert Adams, West Main Rd., as a Town Constable with fees payable as allowed by NYS. The motion was seconded by Councilwoman Eckman and carried unanimously.
Supervisor Pacos has received the NYS DOT permit for work being completed on the Pioneer Cemetery wall restoration. Work will begin Monday, November 11.
The Town has not yet received the draft update from Ingalls Planning and Design. Once it is received, Supervisor Pacos will provide to the Town Board, Planning Board, and Zoning Board for their comments. He invites all members of the boards to attend the next regular meeting of the Town Board, December 11th at 6:30P.M. for discussion.
Councilwoman Eckman asked Supervisor Pacos for an update on the water districts. Supervisor Pacos stated Van Buren Water District upgrades are out to bid, Phase 2 and Phase 3 of the North End Water District are in the final design phase with hope to go out to bid in the next month with work to begin in the spring of 2025. The Berry and Chestnut Road Water Districts did not receive any WIIA funding this round. They will re-group and re-apply in the next round.
The playground Ralph Wilson grant submission was denied. They will re-apply in the next round for the upgrades.
Supervisor Pacos is working with Mayor Ferguson to provide a New Year’s Eve Ball drop to be held at the White Inn for the Town of Pomfret and Village of Fredonia residents.

COUNCILMAN SCHAEFFER

The next Business After Hours for the Chamber of Commerce will be held November 13th from 5-6:30P.m. at Southern Tier Brewery.
There will be a ribbon cutting for the new Western Division Credit Union on November 20 at 2:00P.M.

COUNCILMAN RAK

Councilman Rak inquired if the Town has a Battery Storage Law on file. He has been contacted by Town of Sheridan, who is looking to adopt a local law related to battery storage. Town Clerk Vento will email a copy of the local law to Mr. Rak.

COUNCILWOMAN ECKMAN

Festivals Fredonia will hold their Miracle on Main event December 7th with numerous activities planned. Ex: Breakfast with Santa, Gingerbread house making, Carolers, Polor Express Movie, Tree lighting, vendors, and a basket raffle. All are welcome to attend.

COUNCILMAN SEDOTA
-No Report

TOWN ATTORNEY PASSAFARO
-No Report

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting at 6:57 P.M., and enter into Executive Session for the purpose of discussing current litigation and the proposed new Town Hall with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Sedota to close Executive Session at 7:21 P.M. and re enter the Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:22 P.M. The motion was seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,
Allison Vento, MMC/RMC
Pomfret Town Clerk

October 16, 2024 Workshop Meeting Minutes

Workshop of the Town Board of the Town of Pomfret held at
5:30 P.M. October 16, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063.
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT: John Sedota
Christopher Schaeffer

ABSENT: Ann Eckman

The Budget Workshop for the Town of Pomfret was held on Monday, October 16, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063 at 5:30 P.M. Supervisor Pacos called the Workshop to order by leading the Pledge of Allegiance.

The purpose of this Budget Workshop was for the Town Board members to listen and review the budget requests for 2025 from the Pomfret Department Heads.

DULY MOVED by Councilman Sedota to make the following changes to the 2025 Tentative Budget. The motion was seconded by Councilman Schaeffer and carried unanimously.

Account                      Code               2024 Tentative Amount                    Changed To
Engineering                 A1440.4                      4,000                                                   2,500
Public Information      A1480.4                      2,000                                                   1,000
Justices                        A1110.13                    6,000                                                   3,000
Justices                        A1110.2                      18,000                                                 17,500
Supervisor                   A1220.2                      3,000                                                   2,500
Control of Dogs          A3510.4                      6,000                                                   5,000
Street Lighting            A5182.4                      18,000                                                 16,000
Cemeteries                  A8810.1                      15,500                                                 15,000
Cemeteries                  A8810.12                    72,000                                                 71,500
Cemeteries                  A8810.2                      11,000                                                 12,541
General Fund Est.       A1090                         13,500                                                 14,000
Revenues Other
Tax Items
Use of Money&Prop   A2410                         2,000                                                   2,500
Licenses and Permits A2611                         400                                                      450
State Aid                     A3005                         95,000                                                 95,500
Culture and Rec.         B6989.4                      2,000                                                   0
Youth Programs          B7310.4                      1,000                                                   500
Zoning                         B8010.4                      3,000                                                   2,500
Highway Rev.             DA2701                      1,125                                                   500
Sales Tax                     DB1120                      1,000,000                                      1,005,000
Unexpended Balance                                      142,000                                            138,250
Source of Supply        SW8320.4                   0                                                          1,400
Fire Protection            3410.4                         497,794                                            535,852

DULY MOVED by Councilman Sedota, seconded by Councilman Rak to cancel the following workshops. The motion carried unanimously.
October 22
October 24
October 26

DULY MOVED by Councilman Schaeffer to adjourn the Workshop Meeting, seconded by Councilman Sedota, and carried unanimously. Time: 7:20 P.M.

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

November 6, 2024 Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday November 6, 2024 at 5:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman Adam Rak
                        Councilman John Sedota
                        Councilman Christopher Schaeffer
                        Councilwoman Ann Eckman

Pledge of Allegiance was led by Supervisor Pacos to begin the Public Hearing.

Supervisor Pacos opened the Public Hearing for the purpose of considering a new contract with the Village of Fredonia and the Fredonia Volunteer Fire Department which said contract shall be for the fire protection to POMFRET FIRE PROTECTION DISTRICT NUMBER ONE, upon the following general terms:

The name of the volunteer fire company to answer and attend upon fire calls is the Fredonia Volunteer Fire Department. The contract to be entered into shall be with the Village of Fredonia with the consent of the Fredonia Volunteer Department. The Village shall maintain and operate a fire station containing suitable apparatus and appliances for the purpose of furnishing adequate fire protection. The Village shall insure all of its equipment against all liability and damage. Said contract shall be for a period of three years to commence January 1, 2025 and terminate December 31, 2027. For such fire protection services, the Town shall pay the sum of $540,489.00 in 2025, $549,948.00 in 2026 and $559,572.00 in 2027.
Supervisor Pacos stated the Village of Fredonia has applied for a SUNY Impact Aid grant. If the Village is awarded this grant, the numbers will be recalculated. This current contract is $141,390.00 increase or 35%.
Councilwoman Eckman asked that the next contract be discussed prior to the Village of Fredonia adopting their budget.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota to close the Public Hearing at 5:19 P.M. The motion carried unanimously.

Respectfully Submitted,
Allison Vento, MMC/RMC
Pomfret Town Clerk

October 9, 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 Lily Dale Fire Department, East Street, Lily Dale, N.Y. 14752.

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

COUNCILPERSONS:           Christopher Schaeffer
                                                Adam Rak



ABSENT:                               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 Councilman Schaeffer to accept the minutes of the September 11, 2024 Public Hearring Minutes. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held September 11, 2024. The motion was seconded by Supervisor Pacos and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the Special Meeting held October 1, 2024. The motion was seconded by Councilman Rak and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2024. 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-Absent

General Fund Town Wide      $29056.17
General Fund Part Town        $19,394.81
Highway Fund Part Town       $37,573.68
Berry Water District               $158.46
Chestnut Water District          $135.00
North End Water District        $1,187.88
Lily Dale Water District         $5,664.16
Lily Dale Sewer District         $3,238.32
Capital Projects                       $1,874.75

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2024 in the amount of $123,831.79 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-Absent
Councilman Sedota-Absent

DULY MOVED by Councilman Rak to approve the following budget modifications. The motion was seconded by Councilman Schaeffer and carried unanimously.

GENERAL FUND TOWNWIDE
Modify 2024 adopted budget by increasing revenue line A3088 State Aid-JCAP Grant by $4,823 and by increasing expenditure line A1110.2 Court Equipment by $4,823.
To reflect actual grant funds received and expended

Modify 2024 adopted budget by increasing revenue line A2665 Sales of Equipment by $6,500 and by increasing expenditure line A8810.2 Cemetery Equipment by $6,500.
To reflect sale of zero turn mower

DULY MOVED by Councilman Schaeffer to approve the following budget transfers. The motion was seconded by Councilman Rak and carried unanimously.

$5,000 FROM             A1990.4          Contingent Account
            TO                   A1910.4          Special Items Unallocated Insurance

$76      FROM             A9010.8          Employee Benefits State Retirement
            TO                   A1910.4          Special Items Unallocated Insurance

GENERAL FUND OUTSIDE VILLAGE
$1,572 FROM             B8010.11        Zoning Clerk
            TO                   B8010.2          Zoning Equipment
To cover budget shortage for computer purchase

$935    FROM             B9010.8          Employee Benefits State Retirement
            TO                   B3620.2          Safety Inspection Equipment
To cover budget shortage for computer purchase

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the September 2024 report of monies collected. A total of $1 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice Report for August 2024 is as follows:

Justice Michael Cerrie Total Cases: 76
Total Fines & Surcharges:      $6,132.00
Cases dismissed:         9

Pomfret Town Justice Report for September 2024 is as follows:

                        Justice Dietzen Total Cases:   126
                        Total Fines & Surcharges:      $8,815.00
                        Cases dismissed:                     15

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 September is on file in the Clerk’s office.
Pomfret Offices and buildings will be closed Monday, October 14, 2024 in observance of Columbus Day.

AUDIENCE CONCERNS

Anne Ferry addressed the board regarding obtaining a building permit. She was advised to get the information Code Enforcement Officer, Warren Kelly, has requested so the building permit application can move forward.
Bernie Payne, Lily Dale Fire Department, thanked the board for holding a meeting in Lily Dale. He hopes the board will continue to hold at least one meeting in Lily Dale each year.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The September work report was shared with the board.
The salt barn is almost complete. The fuel tans have been installed.
Paving and oiling has been completed.
The Highway Department is preparing for winter

SUPERVISOR PACOS

Councilman Schaeffer made a motion to schedule a Public Hearing for November 6, 2024 at Pomfret Town Hall, 9 Day Street, Fredonia, at 5:15P.M. for the Fredonia/Pomfret Fire Protection contract. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to schedule a Public Hearing for November 6, 2024 at Pomfret Town Hall, 9 Day Street, Fredonia, at 5:30P.M. for the proposed local law to override the tax cap. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to schedule a Public Hearing for November 6, 2024 at Pomfret Town Hall, 9 Day Street, Fredonia, at 5:45P.M. for the 2025 Preliminary Budget. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve Fredonia Central School as Lead Agency for SEQR for their Capital Improvements Project. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the amended contract with Municipal Solutions for North End Water District Phase 3, at a cost not to exceed $65,000.00. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Schaeffer made a motion to accept the resignation, with regret, from Historian Todd Langworthy, effective December 31, 2024. The motion was seconded by Councilman Rake and carried unanimously.
Councilman Schaeffer made a motion to adopt Trick or Treating hours, same as the Village of Fredonia, on Thursday, October 31, 2024 from 4:30P.M. to 8:00P.M. The motion was seconded by Councilman Rake and carried unanimously.
The Town of Pomfret has received the response for a referral sent to the county for the solar project to be located at 4825 Webster Road. The county stated it is a matter of local concern.
Rural Ministries will be holding their annual food drive at Pomfret Town Hall November 23 and November 24, 2024.
Councilman Schaeffer made a motion to move the Regular Town Board Meeting scheduled for Wednesday, November 13, 2024 at 6:30P.M. to Wednesday, November 6, 2024 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Rake and carried unanimously.
Supervisor Pacos will advertise for the anticipated elected position of Town Clerk vacancy.

COUNCILMAN SCHAEFFER

Trunk or Treat will be held October 26th from 11:00A.M. to 1:00P.M. at Russel Joy Park.
There will be a Lafayette Presentation on October 10, 2024 at 7:00P.M.
The Chamber will hold their Business Afterhours on October 24, 2024 from 5:00P.M. to 6:30P.M. at Downtown Brew.

COUNCILMAN RAK

Councilman Rak and Councilman Schaeffer met with the highway department to hear their concerns and plans for the future. Councilman Rak will type his notes and have for the budget workshops.

COUNCILWOMAN ECKMAN
-Absent

COUNCILMAN SEDOTA
-Absent

TOWN ATTORNEY PASSAFARO
-No report

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting at 7:10P.M., seconded by Councilman Rake and carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

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

March 11 , 2026 Regular Town Board Meeting

February 11, 2026 Regular Town Board Meeting

January 28, 2026 Special Town Board Meeting

January 14, 2026 Regular Town Board Meeting Minutes

January 14, 2026 Organizational Meeting Minutes

December 10, 2025 Regular Town Board Meeting Minutes

November 12, 2025 Regular Town Board Meeting Minutes

November 6, 2025 Special Meeting Minutes

November 6, 2025 Public Hearing Meeting Minutes

November 6, 2025 Public Hearing Meeting Minutes

November 6, 2025 Public Hearing Meeting Minutes

October 15, 2025 Special/ Work Shop Town Board Meeting Minutes

October 8, 2025 Regular Town Board Meeting Minutes

October 1, 2025 Special Town Board Meeting Minutes

September 10, 2025 Regular Town Board Meeting Minutes

August 13, 2025 Regular Town Board Meeting Minutes

August 13, 2025 Public Hearing Meeting Minutes

August 13, 2025 Public Hearing Meeting Minutes

July 9, 2025 Regular Town Board Meeting Minutes

June 11, 2025 Regular Town Board Meeting Minutes

June 4, 2025 Special Town Board Meeting Minutes

May 14, 2025 Regular Town Board Meeting Minutes

Notice of Amendment

April 9, 2025 Public Hearing Meeting Minutes

April 9, 2025 Public Hearing Meeting Minutes

April 9, 2025 Regular Town Board Meeting Minutes

March 12, 2025 Regular Town Board Meeting Minutes

TOWN OF POMFRET NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

March 6, 2025 Special Meeting Town Board Meeting Minutes

February 5, 2025 Regular Town Board Meeting Minutes

January 8, 2025 Regular Town Board Meeting Minutes

January 2, 2025 Organizational Meeting

December 11, 2024 Regular Town Board Meeting Minutes

November 6, 2024 Public Hearing Minutes

November 6, 2024 Public Hearing Minutes

November 6, 2024 Regular Town Bard Meeting Minutes

October 16, 2024 Workshop Meeting Minutes

November 6, 2024 Public Hearing Minutes

October 9, 2024 Regular Town Board Meeting Minutes

September 11, 2024 Regular Town Board Meeting Minutes

August 14, 2024 Regular Town Board Meeting Minutes

July 10, 2024 Regular Town Board Meeting Minutes

June 12, 2024 Regular Town Board Meeting Minutes

May 08, 2024 Regular Town Board Meeting Minutes

April 17, 2024 Public Hearing Minutes- Berry Road

April 17, 2024 Public Hearing Minutes- Chestnut Road

April 17, 2024 Special Meeting of Town Board Minutes

April 10, 2024 Regular Town Board Meeting Minutes

March 13, 2024 Regular Town Board Meeting Minutes

February 14, 2024 Regular Town Board Meeting Minutes

TOWN OF POMFRET
NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM