townofpomfret

March 13, 2024 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 13, 2024 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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


COUNCILPERSONS:           John Sedota
                                                Adam Rak
                                                Christopher Schaeffer
                                                Ann Eckman

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

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

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

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-3 of 2024 in the amount of $237,474.05 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the February 2024 report of monies collected. A total of $3,610.00 was collected. The report is on file with the Clerk’s Office.
The tax report for February 7, 2024 (1% Penalty) is as follows:
Bills Processed: 313

Total Amount Collected: $505,542.49

Pomfret Town Justice report for February 2024 is as follows:

Justice Dietzen Total Cases: 124
Total Fine & Surcharges: $10,244.00
Cases dismissed: 14

The Historian Report for March 2024 has been distributed to the board and is on file in the Clerk’s office.
The Code Enforcement monthly report for February is on file in the Clerk’s office.
The Pomfret Town Hall and Buildings will be closed Monday, March 29, 2024 in observance of Good Friday.
Councilman Schaeffer made a motion to give permission to Clerk Vento to attend the NYS Town Clerks Association Annual Conference from April 21-24, 2024, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
Councilwoman Eckman made a motion to give permission to Clerk Vento to attend the IIMC Annual Conference, May 19-22, 2024, as budgeted. The motion was seconded by Councilman Sedota and carried unanimously.
A motion made by Councilwoman Eckman to close all Pomfret Buildings and Offices at 12:00P.M. noon on Monday, April 8, 2024, for the Solar Eclipse, with exception of the highway department being on call. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Sedota made a motion to appoint Wendy Harrington as First Deputy Town Clerk, at the recommendation of Clerk Vento at $18.25 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.

AUDIENCE CONCERNS

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

HIGHWAY SUPERINTENDENT JUDE GARDNER

The February work report was shared with the board and will be emailed after the meeting to the Town Board.
Southern Tier West has presented the board with the option to approve a resolution supporting the development of a Climate Change Adaptation and Resiliency Plan.
A motion made by Councilman Sedota, seconded by Councilman Schaeffer to table this resolution. The motion was carried unanimously.
Councilwoman Eckman made a motion to approve the following Cemetery Seasonal Employees, motion was seconded by Councilman Schaeffer and carried unanimously.

Edwin Kaus-396 Lakeshore Drive East, Dunkirk      $15.00 per hour
Bob Siragusa-175 Gardner St., Fredonia                    $15.00 per hour
Jim Lemanski-74 Risley St., Fredonia                       $15.00 per hour
Russel Conti-3622 Rt. 83, Fredonia                           $17.43 per hour

Councilwoman Eckman made a motion to authorize Supervisor Pacos to re affirm the engagement letter with Hodson Russ as Bond Counsel for the purchase of the Grader for the Highway Department. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the following resolution, the motion was seconded by Councilman Schaeffer and carried unanimously.

A BOND RESOLUTION, DATED MARCH 13, 2024, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF A ROAD GRADER, AT AN ESTIMATED MAXIMUM COST OF $244,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $244,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY, AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
            SECTION 1.   The Town is hereby authorized to acquire a road grader, including all necessary equipment, apparatus and warranties and all preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $244,000.
            SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $244,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county, and/or local funds received including, but not limited to, grant funds expected to be received from USDA Rural Development in the approximate amount of $175,000. Unless paid from other sources or charges, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
            SECTION 3.   It is hereby determined that the Purpose is a class of objects or purposes described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of such Purpose is 15 years.
            SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.
            SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution is expected to be in excess of five years.
            SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
            SECTION 7.   Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
            SECTION 8.   The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in this resolution.

            SECTION 9. This resolution shall constitute the declaration (or reaffirmation) of the Town’s “official intent” to reimburse the expenditures authorized in this resolution with the proceeds of the bonds, notes or other obligations authorized herein, as required by United States Treasury Regulations Section 1.150-2.
            SECTION 10. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
            SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
            SECTION 12. The Town Supervisor is further authorized to call in and redeem any outstanding obligations that were authorized hereunder (at such times and in such amounts and maturities as may be deemed appropriate after consultation with Town officials and the Town’s municipal advisor), to approve any related notice of redemption, and to take such actions and execute such documents as may be necessary to effectuate any such calls for redemption pursuant to Section 53.00 of the Local Finance Law, with the understanding that no such call for redemption will be made unless such notice of redemption shall have first been filed with the Town Clerk.
            SECTION 13. The Town hereby determines that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) are required.
            SECTION 14. In the absence or unavailability of the Town Supervisor, the Deputy Town Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.
            SECTION 15. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:
1.         (a)        such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
            (b)        the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
                        2.         such obligations were authorized in violation of the provisions of the Constitution of New York.

            SECTION 16. This resolution is subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law. The Town Clerk is hereby authorized and directed to publish (one time) and post on the sign-board of the Town, this resolution, or a summary thereof, together with a notice of adoption of this resolution subject to permissive referendum, within ten days after the date of adoption of this resolution.
            SECTION 17. If no petitions are filed in the permissive referendum period, the Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.

Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase a in the amount not to exceed $315,000.00. The motion was seconded Councilman Sedota and carried unanimously.
Councilman Schaeffer made a motion to authorize Highway Superintendent Gardner to purchase a Caterpillar 120 GC AWD Grader from Milton Cat at a cost not to exceed $243,720.08. The motion was seconded by Councilman Sedota and carried unanimously.
The Cemetery Sexton has inquired about the town bringing someone in, per diem, to help while the sexton has time off or is away. The board has agreed to allow Clerk Vento to put an email out to Chautauqua County Clerks if they know of anyone who would be interested. Highway Superintendent Gardner will report back to the board at the April meeting.

SUPERVISOR PACOS

The Town has received an easement from National Fuel on Webster Road. After discussion with the Highway Superintendent and Town Attorney, they will gather more specific details as the easement and map is unclear exactly where the easement is for. The board agreed to table this until the April meeting.
Councilwoman Eckman made a motion to accept the engineer proposal for the replacement of a culvert on Porter Road, within the Town of Pomfret, to Clark Patterson Lee at an amount not to exceed $288,000.00. The motion was seconded by Councilman Rak and carried unanimously.
Supervisor Pacos showed the board a sample of what the new zoning code will look like. This project is continuing to move forward. This sample will also be shared with the Planning and Zoning Boards for their suggestions.
A discussion was had on the future of the water supplier to the Town of Pomfret. Currently the Village of Fredonia is the supplier of water to Pomfret’s Water Districts, excluding Van Buren and Lily Dale. Representatives from the Chautauqua County Health Department, Natalie Whiteman and Jessica Wuerstle, were present to address any questions. Both women reiterated that the Village of Fredonia does not currently have the capacity to support the expansion of the North End Water District Phase 2 and Phase 3. The board further discussed the contract currently in place with the Village of Fredonia and the exiting clause, should the board decide to move away from the Village as supplier of water. Supervisor Pacos will discuss with Town Attorney Passafaro regarding this contract.
As previously stated in the last meeting, Supervisor Pacos and Councilman Rak toured the Lily Dale Wastewater Treatment Plant with operator, John Bell. The plant is in need of immediate repairs and future repairs. Eric Wies, Clark Patterson Lee, will be meeting Mr. Bell at the plant in Lily Dale on Thursday, March 14, 2024 at 2:00P.M. to further discuss the plans to move forward. Ideally Mr. Wies would like to see the upgrades be done in two phases, as there is grant money available to help with the cost.
Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with Municipal Solutions for financial services for the Highway Grader at a cost not to exceed $1,000.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
The board discussed the vacancy of the Planning and Zoning Clerk. Two individuals have applied. Councilwoman Eckman will advise on best times to interview both candidates.
Councilwoman Eckman made a motion to appoint Ashley Willebrandt, 4936 W. Main Rd., on recommendation of Planning Board Chair, James Joy, to the Pomfret Planning Board to fill a vacancy created by resignation of Janet Szymanski, with a term expiring 2027. The motion was seconded by Councilman Rak and carried unanimously.
The Planning Board has asked the board to appoint an alternative, as they have had issues having a quorum at their hearings. Councilwoman Eckman will speak with Chairman Joy to gather more information and report back to the board.
Councilwoman Eckman made a motion to accept the resignation, with regret, of Wendy Harrington, as an assessor clerk, effective February 29, 2024. The motion was seconded by Councilman Schaeffer and carried unanimously.
Zoning Enforcement Officer, David Penharlow, asked the board to consider zoning enhancements, including but not limited to, the process in which the ZEO has the authority to issue appearance tickets to those in violation. After review, Town Attorney stated that he does have the authority to do so within the current zoning law. The board can change the penalties, in which the board has tabled to compare the current zoning penalties. If the board chooses to change these, it will have to be done by local law.
Councilman Schaeffer made a motion to authorize Supervisor Pacos to enter into an agreement with Clark Patterson Lee for the Engineering for Phase 3 of the North End Water District at a cost not to exceed $920,600.00. The motion was seconded by Councilman Sedota and carried unanimously.
Councilman Sedota made a motion to accept the Map, Plan, and Report for the Berry Road Water District Upgrades, submitted by Clark Patterson Lee. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to accept the Map, Plan, and Report for the Chestnut Road Water District Upgrades, submitted by Clark Patterson Lee. The motion was seconded by Councilman Rak and carried unanimously.
Councilwoman Eckman made a motion to approve the following resolution to schedule a Public Hearing on April 17, 2024 at 6:00P.M. for the Berry Road Water District Upgrades at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Rak and carried unanimously.

WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, on behalf of Berry Road Water District, in the Town, has requested CPL Engineers duly licensed in the State of New York, to prepare a preliminary map, plan, and report for the increase and improvement of facilities of the District consisting of the replacement of approximately 9,100 lineal feet of existing water main, estimated age 69 years, with new eight (8 ) inch PVC water main, gate valves, and hydrants, and including land or rights in land, furnishings, equipment, machinery, and apparatus required therefore: and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated March, 2024, and have estimated the maximum cost thereof to be expended, Two Million, Two Hundred Sixty Thousand ($2,260,000.00) Dollars, and
            WHEREAS, the Berry Road Water District, has previously been established by the Town Board as an Ad Valorem District in said Town, and
            WHEREAS, said District is operational and providing water service through water mains currently, and
            WHEREAS, the Town Board has been advised that certain funding grants may be available for which the Town will apply, but as there can be no assurance of same, that the cost of the improvements will be bonded in an amount not to exceed Two Million, Two Hundred Sixty Thousand, (2,260,000.00) Dollars, and that the expenses thereof shall be assessed, levied, and collected on an Ad Valorem basis from the several lots and parcels of land within said Berry Road Water District.
            Now therefore, be it
            ORDERED that a Public Hearing at a meeting of the Town Board of the Town of Pomfret be held at the Town Hall, 9 Day Street, Fredonia, New York on the 17th day of April, 2024 at 6:00p.m. to consider said increase and improvement of facilities of the District, and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is further
            ORDERED that the Town Board will consider all matters relating to the State Environmental Quality Review Act (SEQR), and it is further
            ORDERED that the Town Clerk is hereby directed to post and publish, and mail notice of said Public Hearing as required by law.

Councilwoman Eckman made a motion to approve the following resolution to schedule a Public Hearing on April 17, 2024 at 6:15 P.M. for the Chestnut Road Water District Upgrades at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Schaeffer and carried unanimously.

WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, on behalf of its Chestnut Road Water District in the Town, has requested CPL Engineers duly licensed in the State of New York, to prepare a preliminary map, plan, and report for the increase and improvement of facilities of the District consisting of the replacement of approximately 3,300 lineal feet of existing water main, estimated age 50 years, with new eight (8) inch PVC water main, gate valves, and hydrants, new meter pits and meters, and including land, furnishings, equipment, machinery, and apparatus required therefore: and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such Map, Plan, and Report for said increase and improvement of facilities of the District, dated March 2024, and have estimated the maximum cost thereof to be expended, Nine Hundred, Sixty Thousand ($960,000.00) Dollars:
            WHEREAS, the Chestnut Road Water District, has previously been established by the Town Board as an Ad Valorem District in said Town, and
            WHEREAS, said District is operational and providing water service through water mains currently, and
            WHEREAS, the Town Board has been advised that certain funding grants may be available for which the Town will apply, but as there can be no assurance of same, that the cost of the improvements will be bonded in an amount not to exceed Nine Hundred, Sixty Thousand, ($960,000.00) Dollars, and that the expenses thereof shall be assessed, levied, and collected on an Ad Valorem basis from the several lots and parcels of land within said Chestnut Road Water District.
            NOW THEREFORE, be it
            ORDERED that a Public Hearing at a meeting of the Town Board of the Town of Pomfret be held at the Town Hall, 9 Day Street, Fredonia, New York on the 17th day of April, 2024 at 6:15 p.m. to consider said increase and improvement of facilities of the District, and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is further
            ORDERED that the Town Board will consider all matters relating to the State Environmental Quality Review Act (SEQR), and it is further
            ORDERED that the Town Clerk is hereby directed to post and publish, and mail notice of said Public Hearing as required by law.

Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for the purpose of the Berry and Chestnut Road Water District Upgrades and any other lawful business before the Town Board on Wednesday, April 17, 2024 at 6:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Schaeffer and carried unanimously.
A request submitted by Ivy Rivera, to use the Forest Hill Cemetery for Fall Tours has been tabled by the board until further specific details are provided. While the Town is not opposed and wants to share the beautiful cemetery with all, in order to officially approve the request, they want more details. Clerk Vento has been asked to relay this information to Ms. Rivera.
The Town Board has received several bids for the wall restoration located at the Pioneer Cemetery. Eric Wies, Clark Patterson Lee, stated he will speak with the two lowest bidders to further discuss the work and do their do diligence before making a recommendation to the Town Board. This has been tabled until the April meeting.
Councilman Schaeffer made a motion to approve the following water district water rates, due to the contractual agreement with the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.

$60.00 Minimum for up to 5,000 gallons (unchanged)
$8.48 per 1,000 gallon after (increase of $2.30 from $6.18)

The North End Water District Phase 3 grant application, WIIA, has been submitted.

COUNCILMAN RAK

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

COUNCILWOMAN ECKMAN

The Village of Fredonia has advertised the position of Recreational Director. While the Town has not received an official resignation, it is the understanding one will be needed.
The Easter Festival will be held March 23, 2024, starting with a pancake breakfast at the Methodist Church, downtown Fredonia, from 9:00A.M. An Easter Egg Hunt will follow in Barker Commons at 12:30P.M. All are welcome to attend.

Northern Chautauqua Community Foundation has partnered with a group interested in helping tree preservation in the Forest Hill Cemetery. Mrs. Eckman will be meeting with the group to gather more information and report back to the board.

COUNCILMAN SEDOTA

Mr. Sedota attended the recent solar meeting with the Fredonia Fire Department along with Supervisor Pacos and Councilwoman Eckman. Councilwoman Eckman praised the group for the organization for this historic event. There will be a community forum on the eclipse at the Fredonia Opera House on Wednesday, March 20, 2024 at 6:00P.M. All are welcome to attend.

COUNCILMAN SCHAEFFER

Councilman Schaeffer stated the Library and Museum will be merging in the futher.
The library has numerous classes for the public to attend. A new program allows individuals to use the library computers and subscription to Ancestry.com to do genealogical/family searches.
Mr. Schaeffer residents to sign up for the news from the Fredonia Opera House to be aware of upcoming events. The Opera House is very active and hold a lot great events.

TOWN ATTORNEY PASSAFARO
-None

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

February 14, 2024 Regular Town Board Meeting Minutes

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

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


COUNCILPERSONS:           John Sedota
Adam Rak
Christopher Schaeffer


ABESENT: Supervisor Daniel Pacos

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

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

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

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

DULY MOVED by Councilman Sedota to approve the payment of bills on abstract #2-2 of 2024 in the amount of $41,136.52 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-Absent
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Deputy Supervisor Eckman-AYE

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the January 2024 report of monies collected. A total of $8,378.50 was collected. The report is on file with the Clerk’s Office.
The tax report for January 8-February 6, 2024 (Penalty Free) is as follows:

Bills Processed: 5,286
Total Amount Collected: $7,305,835.65

Pomfret Town Justice report for December 2023 is as follows:

Justice Cerrie Total Cases: 47
Total Fine & Surcharges: 3,982.00
Cases dismissed: 8

Pomfret Town Justice report for January 2024 is as follows:

Justice Cerrie Total Cases:     42
                        Total Fine & Surcharges:       $3,289.00
                        Cases dismissed:                     4

Pomfret Town Justice report for January 2024 is as follows:

Justice Dietzen Total Cases: 125
Total Fine & Surcharges: $8,642.00
Cases dismissed: 26

The Historian Report for February 2024 has been distributed to the board and is on file in the Clerk’s office.
The Pomfret Town Hall Offices and Buildings will be closed Monday, February 19, 2024 in observance of President’s Day.

AUDIENCE CONCERNS

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

HIGHWAY SUPERINTENDENT JUDE GARDNER

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

DEPUTY SUPERVISOR ECKMAN

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

COUNCILMAN SEDOTA

Councilman Sedota stated the next Solar Eclipse Meeting will be held on February 27th at 10:00A.M. at the Fredonia Fire Department Hall. Deputy Supervisor Eckman stated she spoke with Mr. Meyers requesting zoom be available as they can’t make the meeting due to their professional employment. Councilman Sedota stated he will follow thru to make sure the meeting is accessible by zoom.

COUNCILMAN RAK

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

COUNCILMAN SCHAEFFER

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

TOWN ATTORNEY PASSAFARO

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

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

January 10, 2024 Regular Town Board Meeting Minutes

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


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


COUNCILPERSONS:           John Sedota
Adam Rak
Christopher Schaeffer
Ann Eckman

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

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

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

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

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

DULY MOVED by Supervisor Pacos and seconded by Councilwoman Eckman to approve the payment of bills on abstract #2-13 of 2023 in the amount of $10,343.01 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota -AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2024. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-1 of 2024 in the amount of $5,670.01 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office in 2023. A total of $127,451.40. A copy of the report is on file with Town Clerk Vento.
Town Clerk Vento provided to the Pomfret Board the December 2023 report of monies collected. A total of $4,034.00 was collected. The report is on file with the Clerk’s Office.
Pomfret Town Justice report for December 2023 is as follows:

Justice Dietzen Total Cases: 76
Total Fine & Surcharges: $4,494.00
Cases dismissed:

The Annual Historian Report for the year 2023 has been distributed to the board and is on file in the Clerk’s office.
Code Enforcement Officer, Warren Kelly, provided to the board a report of all activity for the year of 2023. The report is on file with the Clerk’s Office.
The Pomfret Offices will be closed Monday, January 15, 2024 in observance of Martin Luther King Jr.
A motion made by Councilwoman Eckman to appoint Caryn Tresler as a second Deputy Clerk. The motion was seconded by Councilman Schaeffer and carried unanimously.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER

The Board received the December 2023 work report.
Councilman Schaeffer made a motion to approve the Agreement to Spend Highway Funds for the year 2024. The motion was seconded by Councilman Rak and carried unanimously.
Councilman Rak made a motion to approve the purchase of a F250XL Crew Cab Truck at a cost not to exceed $53,680.00 from Fredonia Ford. The motion was seconded by Councilman Sedota and carried unanimously.

Councilman Schaeffer made a motion to declare a 2012 F-150, Vin#iftrx14w07fb08892 surplus and authorize the superintendent to place on Auctions International. The motion was seconded by Councilman Rak and carried unanimously.
Councilwoman Eckman made a motion to authorize Highway Superintendent Gardner to request a speed change for Farel Road; US rt. 20 and Berry Rd., Webster Rd. and Us Rt. 20, Berry Rd. and Van Buren Rd., in the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
Councilwoman Eckman thanked the highway department for their hard work during the recent windstorm.

SUPERVISOR PACOS

The bids for the engineering of the culvert replacement on Porter Road have been tabled due to Clark Patterson Lee having yet to submit a monetary amount for the proposal.

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

COUNCILMAN SEDOTA
-None

COUNCILMAN RAK

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

COUNCILMAN SCHAEFFER

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

COUNCILWOMAN ECKMAN

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

TOWN ATTORNEY PASSAFARO
-None-

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

January 3, 2024 Organizational Meeting Minutes

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

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Allison Vento

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

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

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

Councilman Sedota was sworn into office by Town Clerk Vento.

APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor $ 12,000
Councilperson (4)        $ 4,500            (each)
Town Justices (2)        $ 17,000          (each)
Town Clerk $ 48,000
Highway Superintendent $ 73,500

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

BOARD OF ASSESSMENT REVIEW

The following members will continue to serve on the
Board of Assessment Review with
their terms expiring as so stated and with the
re-appointment of Roger Renswick to serve
on the Board of Assessment Review:

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

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY

Councilwoman Ann Eckman appointed as Deputy Supervisor at the salary of $600.00 per year.

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

APPOINT DEPUTY TOWN CLERK/DEPUTY TAX COLLECTOR

Town Clerk Vento appoints Teresa Bunge as Deputy Town Clerk and Deputy Tax Collector.

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

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

Highway Superintendent Jude Gardner appoints Jeff O’Brien as Deputy Highway
Superintendent at the rate of $1.50 per hour in addition to his
hourly rate.

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

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

David Penharlow- Zoning Enforcement Officer $7,800.00 per year
Allison Vento -Civil Defense Officer $150.00           per year
Angela Joy      -Court Clerk $18.20             per hour
Heidi Sobecki- Court Clerk $17.43             per hour
Mark Dietzen -Court Officer $17.43             per hour
David Pleszewski-Court Officer $17.43             per hour
Jeff Nickerson-Court Officer $17.43             per hour
Mike Callendar-Court Officer $17.43             per hour
Tom Fisher      -Town Constable Fees As Allowed By State
Douglas Bunge-Town Constable Fees As Allowed By State
Pat Ambrose-Town Constable Fees As Allowed By State
Daniel Smith-Town Constable Fees As Allowed By State
Allison Vento -Registrar Fees As Allowed By State
Teresa Bunge-Deputy Town Clerk $18.25             per hour
Allison Vento -Tax Collector $6,850.00        per year
Teresa Bunge-Deputy Tax Receiver$3,750.00        per year
Jeffrey Passafaro-Town Counsel $170.00 per hour/$185.00per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services $17,000.00 per year
Brad Dietzen-Pomfret Cemetery Sexton $18.25 per hour
Jude Gardner   -Cemetery Maintenance Supervisor$2,800.00        per year
*amended 1/10/24 to reflect a $1,000.00 increase                  $3,800.00 per year
Dennis Maslak $32.13             per hour
Loren Laurito $31.50             per hour
Jeff O’Brien (includes $1.50/hr. for Deputy. Highway Superintendent)      $32.89 per hour
David Dunlap $31.34             per hour
Jeff Abbey $26.48             per hour
Paul Kingsbury $26.48             per hour
Tyler Haynes $26.48             per hour
Jude Gardner   -Public Works Superintendent $2,400.00        per year
Jude Gardner   -Water Dist. System Operator $2,000.00        per year
*amended 1/10/24 to reflect a $1,000.00 increase                  $3,000.00        per year
Loren Laurito -Water Dist. System Operator $2,000.00        per year
Allison Vento- Water District System Clerk $3,000.00 per year
John Bell-Lily Dale Sewage Treatment Plant Operator
$16,465.00      per year
John Paul Long- Dog Control Officer $6,600.00        per year
Todd Langworthy-Town Historian $1,500.00        per year
Allison Vento -Web Master $500.00           per year
Cleaner $275.00           per month
Francesca Sysol-Recreation Director $3,000.00        per year

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

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

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

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

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

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

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

VACATION
The first three months of continuous, new, employment there
will be no given vacation time.
2.At the beginning of the fourth month of continuous employment, the employee shall receive one vacation day. At the beginning of the seventh month of continuous employment, the employee will receive an additional one-day vacation, and at the beginning of the tenth month of continuous employment, the employee will receive one day of vacation, not to exceed three days during their first full year of employment.
3. After completing:
One & Two Full Years One-week paid vacation /Five (5) days
Three & Four full years Two weeks paid vacation /Ten (10) days
Five full years Three weeks paid vacation /Fifteen (15) days
Six full years Additional day /Sixteen (16) days
Seven full years Additional day /Seventeen (17) days
Eight full years Additional day/ Eighteen (18) days
Nine full years Additional day /Nineteen (19) days
Ten full years Additional day /Twenty (20) days
Maximum Paid Vacation        Twenty (20) Days

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

TOWN OF POMFRET INSURANCE BENEFITS

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

HEALTH INSURANCE BENEFITS
1. No one except full time employees or those who work more than thirty-five (35) hours a week and retirees who were full-time employees of the Town for ten (10) years or more
are eligible for health insurance.
Effective January 1, 2014 all individuals eligible for and
participating in the Town’s health insurance plan, will be required
to contribute ten percent (10%) of the annual
premium cost of health insurance.

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

3. Effective January 1, 2008, no part time elected official retiring
after the effective date of this resolution will be eligible for any health insurance benefit at Town expense, but may
participate in the plan by paying one hundred percent (100%)
of the premium cost without contribution from the
Town of Pomfret.

4. The following resolution adopted November 8, 2006:
RESOLVED, that no post-retirement or post-employment health insurance benefits, shall be afforded to, or provided to, any employee of the Town of Pomfret hired after November 1, 2006, and be it further
RESOLVED, that the Town health insurance policy is so amended, and that the Town Employee Handbook and any other related document amended by this resolution shall be modified and amended as stated herein.

5.The Town of Pomfret has developed an Insurance Buyout policy for eligible employees who choose to not take advantage of
Health Insurance offered by the Town. No part
time Employee is entitled to participate in any buyout plan.

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

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

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

DENTAL INSURANCE

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

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

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

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

VISION INSURANCE

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

1. Those eligible for participation in the plan shall be all full-time employees of the Town,
the Highway Superintendent, and the Town Clerk. The Town as the employer shall pay
one hundred per cent (100%) of the annual premium.

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

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

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

CLOTHING ALLOWANCES
(HIGHWAY DEPARTMENT EMPLOYEES)

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

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

TOWN PROCUREMENT POLICY

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

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

TOWN DEPOSITORIES

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

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

OFFICIAL NEWSPAPER AND POSTING LOCATIONS

The Observer is designated as the official newspaper for the Town.Pomfret Town Hall will serve as the posting location for notices as required by law.

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

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $.67 per mile for Town officials while on Town
business, subject to Town Board approval.  Elected Officials will
not be reimbursed for travel within the Town boundaries.

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

TOWN PLANNING BOARD

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

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

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

ZONING BOARD OF APPEALS

RATE OF PAY
The Zoning Board of Appeals Chairperson and members be paid
$1,050.00 and $550.00 respectively for the year 2024, with each
term expiring the second Wednesday in January of the
year listed below:

MEMBERS                            YEAR
Raymond Lewandowski 2025
Ruth Eckstrom 2026
Michaelene Comerford 2027
Alex Moon 2028
David Fridmann-Chairman 2029

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

SUPERVISOR’S ANNUAL FINANCIAL REPORT

The Supervisor is directed to submit to the Town Clerk his annual
financial report within ninety (90) days of the closed fiscal year,
and send a copy of the report to the State Comptroller, as
required by Section 30 of the General Municipal Law.
The Town Clerk shall cause summary of such report to be published within ten (10) days after receipt
thereof in the official newspaper of the Town of Pomfret. This
report will be in lieu of the annual report due January 30, 2024.

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

TOWN INVESTMENT POLICY

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

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

TOWN BOARD MEETING DATE & TIME

The regular monthly meeting of the Pomfret Town Board is held
the second Wednesday
of each month at the Town Hall, 9 Day Street, Fredonia, New York at 6:30 P.M., unless otherwise notified.

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

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

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

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

POSTING OF ROADS

The Highway Superintendent is authorized to legally post roads and remove at his
discretion as authorized in the Vehicle and Traffic Law for the year 2024.

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

CEMETERY FEES

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

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

Foundations: Per Square Inch $.75
Minimum                                 $150.00(10”X12”)
Historical Research:    Minimum $25.00
                                    Per Hour $25.00

Forest Hill Storage Vault & Rental:
First 30 days $100.00
After 30 days/for additional 30 days $20.00
Or portion thereof

Columbarium Pricing:
Single Niche $750.00
Double niche $1,000.00
Niche Opening $150.00 per opening, per internment
Saturday/Sunday Niche Opening $200.00 per opening, per internment

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

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

EXPENDITURES BY HIGHWAY SUPERINTENDENT WITHOUT
PRIOR APPROVAL

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

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

HIGHWAY SUPERINTENDENT TO PURCHASE OFF OF OTHER MUNICIPALITIES
Authorization to the Highway Superintendent to accept and purchase highway
materials, motor fuels, gravel, stone, black top, binder, and oil from and on other proper
authorized municipal bids in municipalities in the County of Chautauqua and surrounding
counties in New York State for the year 2024.

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

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

DULY MOVED by Councilman Schaeffer, seconded by Councilman Sedota and carried unanimously with Councilman Rak and Supervisor Pacos abstaining.

LILY DALE SEWER DISTRICT ACCOUNTING SERVICES
The Town will contract with Bahgat & Laurito-Bahgat to provide accounting services
for the Lily Dale Sewer District for the year 2024 at a rate of
$500.00 for the year.

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

MUNICIPAL COOPERATION AGREEMENT FOR HIGHWAY PROJECTS &
MAINTENANCE

WHEREAS, pursuant to New York State General Municipal Law,
local governments are
authorized to enter into municipal cooperation agreements for
the performance among themselves or one of the other of their respective functions, and

WHEREAS, a county-wide “Mutual Aid” agreement for highway projects and
maintenance has been developed to formalize the sharing of manpower, equipment and
materials by municipalities in Chautauqua County, and

WHEREAS, the Mutual Aid Agreement provides that assisting
municipalities shall be entitled to receive services of equivalent
value at a later date from the municipality receiving their
assistance,

THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and
empowered to execute all documents necessary to confirm the
Town of Pomfret’s
participation in the countywide Mutual Aid Agreement.

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

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

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

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

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

RECORDED BY: Councilwoman Eckman

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

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

Respectfully Submitted,

Allison Vento, MMC/RMC

December 13, 2023 Regular Town Board Meeting Minutes

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

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

COUNCILPERSONS:
Christopher Schaeffer
John Sedota

ABSENT: Ann Eckman
Highway Superintendent Jude Gardner


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

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

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

DULY MOVED by Councilman Schaeffer to accept the minutes of the November 8, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and carried with Councilwoman Eckman abstaining.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #12 of 2023. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-Absent

General Fund Town Wide      $29,925.51
General Fund Part Town        $297.70
Highway Fund Part Town       $29,488.52
Berry Water District               $351.14
Chestnut Water District          $328.00
North End Water District        $388.77
Lily Dale Water District         $9,046.97
Lily Dale Sewer District         $915.00
Capital Projects                       $5,250.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-12 of 2023, totaling in the amount of $174,959.87 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-Absent

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

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

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

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

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

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

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

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

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

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

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

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

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

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the November 2023 report of monies received. A total of $5,767.75, was collected. The report is on file in the Clerk’s Office.
Pomfret Town Justice report for November 2023 is as follows:

Justice Dietzen Total Cases: 103
                        Total Fine & Surcharges: $5,636.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 93
                        Total Fine & Surcharges: $6,708.00
                        Cases dismissed:         12

Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.

The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.
The Pomfret Offices and Buildings will be closed Monday, December 25, 2023 in observance of the Christmas Holiday.
Councilman Schaeffer made a motion to approve the purchase of a e-Studio Toshiba3025AC printer, copier, and scanner, at a cost not to exceed $5,855 from Eagle Systems of Jamestown. The motion was seconded by Councilman Sedota and carried unanimously.

HIGHWAY SUPERINTENDENT JUDE GARDNER

The November Highway Work Report have been distributed to the Town Board.

AUDIENCE COMMENTS:
-None

SUPERVISOR PACOS

Supervisor Pacos made a motion to approve the following 2024 contracts. The motion was seconded by Councilman Schaeffer and carried unanimously.

-Catherine Pratt as the fitness instructor for the Grape Belt Seniors in the amount of $35.00 per session. This amount is not to exceed $3,600.00,
-Mary E. Seymour Library in the amount of $2,000.00
-Darwin R. Barker Library in the amount of $68,000.00 to be paid in four quarterly payments
-Cassadaga Lakes Association in the amount of $2,000.00 for weed removal.
-Forest Lodge #166 in the amount of $7,200.00 for rental space for the Grape Belt Seniors.

Councilman Schaeffer made a motion to authorize the Highway Superintendent to go out to bid for a F-250 XL Crew Cab Truck, with bids to be returned to the Town Clerk’s Office by January 2, 2024 at 2:00P.M. The motion was seconded by Councilman Sedota and carried unanimously.
Councilman Sedota made a motion to appoint Alex Moon, 116 Chestnut as a fulltime board member to the Zoning Board of Appeals with term expiring in 2026. The motion as seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the Pomfret Employee Handbook amendment to state the following regarding overtime. The motion was seconded by Councilman Sedota and carried unanimously.

4.4 Overtime
Overtime is at the rate of one- and one-half times the regular rate of pay and is paid for any hours worked over eight (8) hours per day and 40 hours worked in weekly pay period, and for hours worked on holidays. Paid holidays, vacation, and sick days will count in the calculation of hours worked. Town of Pomfret employees will be assigned overtime on an as needed basis at the discretion of the Working Supervisor. The needs and skills of the job will be the basis of the specific employee assigned.

Councilman Schaeffer made a motion to approve the following cemetery fees, effective, January 1, 2024. The motion was seconded by Councilman Sedota and carried unanimously.

.75 per square inch for foundations
$750.00           week day burial
$1,200.00        weekend/holiday burial
$400.00           week day burial for cremains
$600.00           weekend/holiday burial for cremains
$150.00           niche opening week day
$200.00           niche opening weekend/holiday
$650.00           grave plot

The Town of Pomfret received a request from Rick Denslow for an adult use cannabis microbusiness with retail authorization. Mr. Denslow has noted there is no projected location for this business. The Town Board will refer to their Local Laws on file once a location is determined and follow the proper procedure the board has adopted.
The Decommissioning Plan for 10026 Farel Rd. has been tabled due to Mr. Kelly not confirming his approval of the plans submitted.
Councilman Schaeffer made a motion to authorize the United States Air Force Auxiliary Civil Air Patrol use of the Forest Hill Cemetery on December 16, 2024 at 12:00P.M. for the National Program of Wreaths Across America. The motion was seconded Councilman Sedota and carried unanimously.
The RFP for the Engineering for the replacement of a culvert on Porter Rd. This will be placed on the agenda for the January meeting.
Councilman Sedota made a motion to approve the following hires for CBI, seconded by Councilman Schaeffer and carried unanimously.

TITLE EMPLOYEE RATE OF PAY
Water Maint. Supervisor Mitchell Magierski $33.00 per hour
Laborer Daniel Dillenburg $18.00 per hour
Laborer, Part Time Chris Surma $19.00 per hour
Water Billing Clerk Thomas Starks $16.20 per hour
Water Billing Clerk, Part Time Karen Trippy $19.00 per hour
Accounts Payable Clerk Allison Vento $154.50 per month

Supervisor Pacos announced the Town of Pomfret has been awarded a 5,000,000.00 grant for the North End Water District Phase 3 thru the Environmental Facilities Corporation NYS Water Infrastructure Improvement Act (WIIA).
Councilman Schaeffer made a motion to authorize Supervisor Pacos to approve the amended agreement with Municipal Solutions for the North End Water District Phase 2 and 3 at a cost not to exceed $50,000.00. The motion was seconded by Councilman Sedota and carried unanimously.
Supervisor Pacos wished everyone a happy and healthy holiday.

COUNCIL REPORTS
COUNCILMAN SEDOTA

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

COUNCILMAN SCHAEFFER

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

COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
-None

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

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

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

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

Supervisor Pacos opened the Public Hearing for the purpose of the 2024 Lily Dale Fire Contract. The purposed amount for the 2024 contract is $32,228.00.
Town Clerk Vento provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2024 between the TOWN OF POMFRET, a municipal corporation, located in the County of Chautauqua and State of New York, and the LILY DALE VOLUNTEER FIRE CO., INC., also a municipal corporation, located in the Town of Pomfret, County of Chautauqua and State of New York.
                WHEREAS, there has been duly established in the said Town of Pomfret, Chautauqua County, New York, A Fire Protection District, known as the “LILY DALE FIRE PROTECTION DISTRICT” embracing the territory in said Town, as such territory is more fully described in the Resolution establishing such district, and duly adopted by the Town Board of said Town of Pomfret on the 29th day of December 1958, and,
                WHEREAS, following a public hearing duly called, the Town Board duly authorized a contract with the Lily Dale Volunteer Fire Co., Inc. for fire protection in said district upon the terms and provisions herein set forth, and
                NOW THEREFORE, the Town of Pomfret does engage the Lily Dale Volunteer Fire Co., Inc. to furnish fire protection and emergency services to said District and the Lily Dale Volunteer Fire Co., Inc. agrees to furnish such protection, in the manner following to wit:
                1. SERVICES PROVIDED: The Lily Dale Volunteer Fire Co., Inc. shall at all times during the period of this agreement, be subject to call for attendance upon any fire or emergency occurring in such district, and when notified by alarm or telephone call or otherwise from any person of a fire or emergency within the district, such department shall respond and attend upon the fire or emergency without delay with suitable ladder, pumping and hose apparatus, and ambulance of said volunteer fire company. Upon arriving at the scene of the fire, the firemen of said volunteer fire department attending shall proceed diligently and, in every way, reasonably suggested to the extinguishment of the fire, and/or care of emergency and the saving of life and property in connection therewith.
                2. EQUIPMENT AND MANPOWER: The Lily Dale Volunteer Fire Co., Inc. shall furnish such service and equipment aforesaid in answering calls in said district, and such other equipment or apparatus as the Fire Chief of the Lily Dale Volunteer Fire Co., Inc. may deem necessary, and the personnel of the Fire Department as has been heretofore performed in answering calls in said district.
                3. CONTRACT AMOUNT: In consideration of furnishing aid and the use of the said service and equipment or apparatus, the Lily Dale Volunteer Fire Co., Inc. shall be paid by the Town the sum of $32,228.00 for the terms of this contract to be paid on or before April 1, 2024. The foresaid payment to the Fire Company for its service shall include and cover all the costs and expenses, which may be incurred by the Company providing fire protection under the contract such as damage for loss to apparatus and equipment.
                NOTE; In determining the above consideration, the cost of debt service for the addition to the fire hall was excluded from the volunteer fire department budget and will be similarly not considered in future contracts.
                4. CONTRACT TERM; this contract is to become effective January 1, 2024 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2024 unless sooner terminated in a manner provided by law.
                5. DISTRICT CHARGE: All monies to be paid under the provisions of this agreement shall be a charge upon said Fire Protection District to be assessed and levied upon the taxable property in said district and collected with the Town taxes.
                6. Members of the fire company while engaged in the performance of their duties answering, attending upon or returning from any call provided for by this contract shall have the rights, privileges and immunities as provided by law.
Comments:
-None-

With no additional comments or concerns by the public, a motion was made by Councilman Schaeffer, seconded by Councilman Sedota to close the Public Hearing at 6:07P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC, Town Clerk

November 8, 2023 Public Hearing Minutes- 2024 Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 8, 2023 at 6:15P.M. at the Town Hall, 9 Day Street, Fredonia, New York.

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

                        Councilman Christopher Schaeffer
                        Councilman John Sedota
                        Councilwoman Ann Eckman


The Public Hearing is being held for the purpose of the 2024 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2024 Preliminary Budget reflects a town wide rate of 4.2508619, a 0.08 increase with additional outside Village Rate of 4.3314582 or 0.00 increase, and total Outside Village rate of 8.5823201. The total tax levy is within the tax cap, coming in $45,949.00 under the limit. The total budget is $4,407,340.

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

November 8, 2023 Regular Town Board Meeting Minutes

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

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

COUNCILPERSONS:
                                                Christopher Schaeffer
                                                John Sedota
                                                Ann Eckman


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

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

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2023. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-AYE

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2023, totaling in the amount of $130,631.08 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-AYE

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

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

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

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

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

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

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the October 2023 report of monies received. A total of $18,794.80, was collected. The report is on file in the Clerk’s Office.
Pomfret Town Justice report for October 2023 is as follows:

Justice Dietzen Total Cases: 119
                        Total Fine & Surcharges: $7,267.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 86
                        Total Fine & Surcharges: $5,470.00
                        Cases dismissed: 11

Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.

The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.
The Pomfret Offices and Buildings will be closed Friday, November 10, Thursday, November 23, and Friday November 24, 2023.
The Fredonia Fire Department next Solar Eclipse meeting will be held December 13, 2023 at 10:00A.M. at the Fredonia Fire Hall.

HIGHWAY SUPERINTENDENT JUDE GARDNER

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

AUDIENCE COMMENTS:

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

SUPERVISOR PACOS

Councilman Schaeffer made a motion to approve the Lily Dale Fire Contract for 2024 at a cost not to exceed $32,228.00. The motion was seconded by Councilman Sedota and carried unanimously.
Councilman Sedota made a motion to approve the 2024 Budget with the following rates: Townwide Rate is 4.2508619 ($0.08 increase)
Additional Outside Village rate is 4.3314582

Total Outside Village is 8.5823201 ($0.00)
The motion was seconded by Councilwoman Eckman and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE

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

COUNCIL REPORTS
COUNCILMAN SEDOTA
-None

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN

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

TOWN ATTORNEY PASSAFARO
-None

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

October 11, 2023 Regular Town Board Meeting Minutes

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

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

ABSENT:                               Ann Eckman

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

DULY MOVED by Councilman Schaeffer to accept the minutes of the September 13, 2023 Public Hearing Minutes-Cable Franchise. The motion was seconded by Councilman Sedota and carried unanimously.

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

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2023. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-Absent

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

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2023, totaling in the amount of $32,057.92 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-Absent

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER

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

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the September 2023 report of monies received. A total of $12,012.05, was collected. The report is on file in the Clerk’s Office.
Pomfret Town Justice report for September 2023 is as follows:

Justice Dietzen Total Cases: 122
                        Total Fine & Surcharges: $8,361.00
                        Cases dismissed:   27

                        Justice Cerrie Total Cases: 59
                        Total Fine & Surcharges: $3,713.00
                        Cases dismissed:         15

Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.

The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.
The Fredonia Fire Department submitted their September report. There was a total of 184 calls with 34 being within the Town of Pomfret. The Report is on file with the Town Clerk.
Councilman Schaeffer made a motion to authorize the adjustment to the water and sewer bill to property located at 15 Cottage Row, Lily Dale, N.Y., account #138, Janet and Jay Cook, due to a town responsible leak at the meter in the amount of $285.34 for water charges and $308.24 for sewer charges. The motion was seconded by Councilman Sedota and carried unanimously.

SUPERVISOR PACOS

A motion made by Councilman Sedota to schedule a Public Hearing for the Lily Dale Volunteer Fire Department on Wednesday, November 8, 2023 at 6:00P.M. at Pomfret Town Hall., 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
A motion made by Councilman Schaeffer, seconded by Councilman Sedota to approve the following resolution. The motion carried unanimously.

WHEREAS, an application having been made under the Town of Pomfret Solar Facilities Permitting Law by RIC Development, LLC, on behalf of Pomfret PV, LLC, for a 5mw Photovoltaic Solar Energy Generation Facility on a thirty-one (31) acre parcel to be located at 4545 Van Buren Road, in the Town of Pomfret, and
            WHEREAS, the application for permit under said Local Law for said Solar Energy Generation Facility has previously been before the Town Board of the Town of Pomfret, reviewed by said Board, and the Town’s Code Enforcement Officer, Public Hearing held, and approved with conditions determined by the Town Board of the Town of Pomfret, and
            WHEREAS, to address the conditions imposed on the applicant prior to final approval, said applicant has submitted a decommissioning plan, a decommissioning bond, a conservation easement, and requested that an affidavit regarding a previously existing drainage easement on said property be executed on behalf of the Town, and said submissions also address the Chautauqua County Planning Departments response to the GML 239 Referral to it by the Town, and
            WHEREAS, the Code Officer has submitted a report to the Town Board indicating that his review of the decommissioning plan and the decommissioning surety bond are in order and generally conform to Local Law and practice, and
            WHEREAS, the application for this project was commenced under the then existing Solar Facilities Local Law, not subject to later amendments, and the applicant had requested and was granted an extension of the permit approval at a meeting of the Town Board on July 12, 2023, and
            WHEREAS, the conservation easement has been reviewed by Town Officials, is deemed acceptable, and is in accord with conditions imposed during the permitting process for this project.
NOW THEREFORE BE IT,
            RESOLVED that the Town Board of the Town of Pomfret does hereby approve the decommissioning plan, the decommissioning surety bond, and the conservation easement, all as submitted on behalf of the applicant for the above referenced project, and they are hereby approved, and it is further
            RESOLVED that the Supervisor and/or Code Enforcement Officer is authorized to execute the attached affidavit addressing the drainage easement issue raised during the permitting process, and that it appearing that the owner has agreed to keep the existing drainage ways clear of any debris, and not to interfere with same, that said officials are authorized to execute said affidavit.

Town Attorney, Jeffrey Passafaro, notified the board he will be closing his practice in 2024. He is willing to stay on with the Town of Pomfret, if the board chooses, for legal matters except for litigation. The board will discuss.
Councilman Sedota made a motion to authorize Supervisor Pacos to enter into an agreement with the Chautauqua Region Economic Development Corporation for the purpose of advancing economic development projects, with interest in implementing the Pomfret Wastewater Infrastructure Engineering Study. The motion was seconded by Councilman Schaeffer and carried unanimously.
The Pomfret Town Board has been invited to the 45th Anniversary Celebration for the Chautauqua Home Rehabilitation & Improvement Corporation on Wednesday, October 18, 2023 at 12:00P.M. at the Dunkirk Lighthouse & Veterans Park Museum Pavilion.
Councilman Schaeffer made a motion to appoint Thomas Starks, Central Ave., Fredonia, at a rate of pay of $16.20 per hour to the position of CBI Reader/Billing Clerk. The motion was seconded by Councilman Sedota and carried unanimously.
Supervisor Pacos met with National Grid and they will be replacing power lines, which will be paid out of state funds.
The Pomfret Town Board is soliciting letters of interest to fill the vacancy on the board created by the resignation of Brett Christy.
Supervisor Pacos attended the Fredonia Fire Department Open House and presented a certificate on behalf of the Town to newly sworn in Captain, Dan Aldrich.

COUNCIL REPORTS
COUNCILMAN SEDOTA

Councilman Sedota attended the monthly Fredonia Fire Department meeting. They are still interested in working with the town to create incentives for recruiting volunteers to the department.

COUNCILMAN SCHAEFFER

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

COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
-None

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

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

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

October 2, 2023 Special Meeting Minutes

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

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

COUNCILPERSONS:
Christopher Schaeffer
John Sedota

The Pledge of Allegiance of the Flag was recited to begin the Special Meeting.

The purpose of this Special Meeting of the Pomfret Town Board is for the Town Clerk to present the 2024 Tentative Budget to the board and any other lawful business.

The Town Clerk presented the Tentative 2024 Budget to the Town Board.

Supervisor Pacos noted the 2024 Tentative Budget reflects a town wide rate of 4.2758561, increase of (0.11) and outside Village rate of 4.3206795. Total Outside Village Rate of 8.5965356, an increase of 0.02.

Councilman Sedota made a motion to authorize the Pomfret Town Court to apply for a JCAP grant in the 2023-24 grant cycle for up to $30,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Supervisor Pacos made a motion to accept the Fredonia Ford bid for a used 2022 Cutaway Single Rear Wheel with a 12’ enclosed Body, in the amount not to exceed $43,500.00. The motion was seconded by Councilman Sedota and carried unanimously.

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

September 13, 2023 Public Hearing Minutes-Cable Franchise

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 13, 2023 at 6:15 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

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

The purpose of the Public Hearing is to hear comments from the public regarding the granting of a cable television agreement by and between the Town of Pomfret and Spectrum North East, LLC, an indirect subsidiary of Charter Communications.

Audience Comments:

None

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Pomfret Town Clerk

September 13, 2023 Regular Town Board Meeting Minutes

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

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

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the August 9, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #9 of 2023. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-AYE

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

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

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the August 2023 report of monies received. A total of $10,141.00, was collected. The report is on file in the Clerk’s Office.
Pomfret Town Justice report for August 2023 is as follows:

Justice Dietzen Total Cases: 114
                        Total Fine & Surcharges: $ 7,609.50.00
                        Cases dismissed:   18

                        Justice Cerrie Total Cases: 58
                        Total Fine & Surcharges: $ 2607.00
                        Cases dismissed:         14

Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.

The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.
Josh Myers, Fredonia Fire Chief, is implementing a Planning Committee for the 2024 Eclipse. Our area is in its direct path with total darkness to be experienced for approximately three to four minutes. Mr. Myers would like representation from the Town to be a part of the committee.

AUDIENCE CONCERNS

Eric Weis, Clark Patterson Lee, was in attendance to update the Town Board on the projects open within the Town.

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

HIGHWAY SUPERINTENDENT JUDE GARDNER

The July and August monthly Water Work Report has been distributed and on file with the Town Clerk.

The August Highway Work Report was distributed to the Town Board.
Councilman Schaeffer made a motion, seconded by Councilwoman Eckman, to authorize the Highway Superintendent to advertise for bids for a used E350 Truck or equivalent Cutaway Box Truck, with bids to be returned to the Town Clerks Office, 9 Day Street, Fredonia, N.Y. by October 2, 2023 at 2:00P.M. The motion carried unanimously.
Councilwoman Eckman made a motion to approve the following resolution, seconded by Councilman Schaeffer and carried by roll call vote.

ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilwoman Eckman-AYE

WHEREAS, the Highway Superintendent of the Town of Pomfret has advised that an application should be made to USDA RD, to purchase certain street maintenance equipment, and
WHEREAS, the Town Board accepts the recommendation of the Highway Supervisor, to add needed vehicle and equipment for Town forces to maintain Town Roads.
NOW, THEREFORE BE IT RESOLVED,
that it is the intention of the Town of Pomfret to file a full application under the USDA Rural Development Community Facilities Program to purchase certain Street maintenance equipment including a Caterpillar 120 Motor Grader, and it is further
RESOLVED, that the Town Board hereby authorizes the Supervisor and Town Clerk to execute all necessary application documents.

Councilman Schaeffer made a motion to authorize the Highway Superintendent Gardner to purchase a Rockland 36” Heavy Duty Excavator Bucket and teeth from Russert Equipment, LLC, at a cost not to exceed $6,425.00. The motion was seconded by Councilman Sedota and carried unanimously.

SUPERVISOR PACOS

The letter of resignation was received and accepted by Town Clerk Vento for Councilman Brett Christy, effective September 7, 2023.
Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for Monday, October 2, 2023 at 6:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, for the purpose of the Town Clerk to present the Tentative 2024 Budget and any other lawful business before the board. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilwoman Eckman made a motion to schedule a Public Hearing on Wednesday, November 8, 2023 at 6:15P.M. for the 2024 Preliminary Budget at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilwoman Eckman made a motion to schedule the following 2024 Budget Workshops of the Pomfret Town Board at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, seconded by Councilman Sedota and carried unanimously.

October 16, 2023
October 19, 2023
October 24, 2023
October 26, 2023

Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into an agreement with Spectrum Northeast, LLC for a Cable Franchise Agreement. The motion was seconded by Councilman Schaeffer and carried unanimously.

In the Matter of the Granting of a Cable Television Franchise Held by Spectrum Northeast, LLC in the Town of Pomfret, County of Chautauqua, New York

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

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

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

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

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

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

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

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

BE IT FURTHER RESOLVED that the Board of the Town of Pomfret hereby confirms acceptance of this franchise renewal agreement.

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

COUNCIL REPORTS
COUNCILMAN SEDOTA

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

COUNCILMAN SCHAEFFER

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

COUNCILWOMAN ECKMAN

The Town has contracted with Kravitz Tree Service to remove dead trees in Forest Hill Cemetery, as they are the only company with the proper equipment. The Forest Hill Endowment Fund received approval from the Northern Chautauqua Community Foundation they will help with the cost of removing these trees. The remaining cost will be taken care of by Kravitz Tree Service.
Councilwoman Eckman has worked tirelessly with the NYS DOT on the beautification of the round-a-bout. She has notified the board the state will not allow the placement of a local artist sculpture in the center, but will allow it in the right of way on the corner of Rite Aid. She is currently working on the proper permits to allow this to happen. She is researching the installation of colored stone and artificial greenery for the round-a-bout and will report back to the board when more information is available.

TOWN ATTORNEY PASSAFARO

Mr. Passafaro reminded the board if they are going to exceed the tax cap, to allow proper time to schedule a Public Hearing to adopt a local law to do so.

DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting and enter into Executive Session for the purpose of acquisition, lease or sale of real property when publicity would substantially affect the value, with no action to be taken. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:00 P.M.

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

Respectfully Submitted,

Allison Vento, MMC/RMC
Town Clerk

August 9, 2023 Regular Town Board Meeting Minutes

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

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

COUNCILPERSONS:
Ann Eckman
Brett Christy (arrived at 6:36P.M. left at 6:55P.M.)
Christopher Schaeffer

ABSENT:                               John Sedota
Town Attorney Jeffrey Passafaro

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the July 12, 2023 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

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

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

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

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

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

TOWN CLERK REPORTS

Town Clerk Vento provided to the Pomfret Board the July 2023 report of monies received. A total of $11,371.80, was collected. The report is on file in the Clerk’s Office.
Clerk Vento has received the Certificate of Satisfaction from the Chautauqua County Department of Finance.
Pomfret Town Justice report for July 2023 is as follows:

Justice Dietzen Total Cases: 63
                        Total Fine & Surcharges: $ 5,353.00
                        Cases dismissed:    6

                        Justice Cerrie Total Cases: 68
                        Total Fine & Surcharges: $ 4,198.00
                        Cases dismissed:         8

Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.

The monthly Historian Report is on file in the Clerk’s office and has been distributed to the Town Board.
A reminder that Pomfret Town Hall will be closed Friday, August 25, 2023 due to the Fredonia Farm Festival.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER

The July Highway Work Report was distributed to the Town Board.
Councilwoman Eckman made a motion to approve the Highway Superintendent to declare surplus a Case Tractor 1998 CX100 and dispose of in the best interest and manner of the residents of the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.
The Town of Pomfret received a grant from Bridge NY in the amount of $969,000.00 for the repair of the culvert on Porter Road.

SUPERVISOR PACOS

Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Christy and carried by roll call vote:

ROLL CALL:
Supervisor Pacos: AYE
Councilman Sedota: Absent
Councilman Schaeffer: AYE
Councilman Christy: AYE
Councilwoman Eckman: AYE

A BOND RESOLUTION, DATED AUGUST 9, 2023, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF A SNOWPLOW TRUCK, AT AN ESTIMATED MAXIMUM COST OF $341,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $341,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
            BE IT RESOLVED, by the Town Board of the Town of Pomfret, in the County of Chautauqua, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
                        SECTION 1.   The Town is hereby authorized to acquire a snowplow truck, including all necessary equipment, apparatus and warranties and all preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $341,000.
                        SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $341,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received including, but not limited to, grant funds expected to be received from USDA Rural Development in the approximate amount of $53,600. Unless paid from other sources or charges, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
                        SECTION 3.   It is hereby determined that the Purpose is a class of objects or purposes described in subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 15 years; however, the bonds issued pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, will mature no later than five years from the date of original issuance of such bonds or notes.
                        SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.
                        SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.
                        SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
                        SECTION 7.   Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
                        SECTION 8.   The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in this resolution
                        SECTION 9.   This resolution shall constitute the declaration (or reaffirmation) of the Town’s “official intent” to reimburse the expenditures authorized in this resolution with the proceeds of the bonds, notes or other obligations authorized herein, as required by United States Treasury Regulations Section 1.150-2.
                        SECTION 10. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
                        SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
                        SECTION 12. The Town Supervisor is further authorized to call in and redeem any outstanding obligations that were authorized hereunder (at such times and in such amounts and maturities as may be deemed appropriate after consultation with Town officials and the Town’s municipal advisor), to approve any related notice of redemption, and to take such actions and execute such documents as may be necessary to effectuate any such calls for redemption pursuant to Section 53.00 of the Local Finance Law, with the understanding that no such call for redemption will be made unless such notice of redemption shall have first been filed with the Town Clerk.
                        SECTION 13. The Town hereby determines that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) are required.
                        SECTION 14. In the absence or unavailability of the Town Supervisor, the Deputy Town Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.
                        SECTION 15. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:
            1.         (a)        such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or

- - - - (b) the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with

an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
                                    2.         such obligations were authorized in violation of the provisions of the Constitution of New York.

                        SECTION 16. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.
                        SECTION 17. This Resolution is effective immediately.

Councilwoman Eckman made a motion to schedule a Public Hearing for the Pomfret Cable Franchise Agreement on Wednesday, September 13, 2023 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilwoman Eckman made a motion to approve the amended contract with Clark Patterson Lee for the Sewer Expansion Project in an amount not to exceed $34,350.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilwoman Eckman made a motion to appoint Angela Joy to the position of Pomfret Court Clerk at a rate of pay of $17.50 per hour, not to exceed 35 hours per week effective, August 7, 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to appoint Jeffrey Nickerson to the position of Pomfret Court Officer at a rate of pay established in the January 2023 Organizational Meeting Minutes, effective August 09, 2023. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve the USDA Loan Resolution for the Pomfret Highway Snow Truck in the amount of $267,400.00 and to accept the grant in the amount of $53,600.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the Legal Services Agreement with Town Attorney, Jeffrey Passafaro, for the Pomfret Highway Snow Truck. The motion was seconded by Councilwoman Eckman and carried unanimously.
Councilwoman Eckman made a motion to approve the USDA Loan Resolution for the North End Water District Phase 2 in the amount of $3,400,000.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
Councilman Schaeffer made a motion to approve the Legal Services Agreement with Town Attorney, Jeffrey Passafaro, for the North End Water District Phase 2. The motion was seconded by Councilwoman Eckman and carried unanimously.
Supervisor Pacos advised the board that the WIIA Grant and DSWRF has been submitted by Municipal Solutions for the North End Water District Phase 3.
The Grape Discovery Center has invited members of the Pomfret Board to their 10-year celebration on Saturday, September 2, 2023 at 2:00P.M. at 8305 West Main Rd., Westfield. Councilwoman Eckman and Town Clerk Vento will attend on behalf of the Town.

COUNCIL REPORTS
COUNCILMAN CHRISTY
-None

COUNCILMAN SEDOTA
-Absent

COUNCILMAN SCHAEFFER

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

COUNCILWOMAN ECKMAN

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

TOWN ATTORNEY PASSAFARO
-Absent

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

Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk

July 27, 2023 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:45 P.M. July 27, 2023 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.


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



COUNCILPERSONS:           John Sedota
Ann Eckman
Christopher Schaeffer
Councilman Brett Christy

The purpose of this special meeting is for the Town Board to conduct any lawful business before the Town Board.

Supervisor Pacos

A motion made by Councilwoman Eckman to approve the following SEQR Resolution in regards to the North End Water District Phase 3, seconded by Councilman Sedota and carried unanimously.

WHEREAS, the Town Board of the Town of Pomfret has commenced an increase and improvement of the facilities project in the North End Water District No. 7, Town of Pomfret, under Section 202-b of the Town Law of the State of New York, and
WHEREAS, the improvement of the facilities in the North End Water District-No.7, Phase 3 calls for the installation of approximately Seventy-Four Thousand (74,000) lineal feet of Eight (8) inch water main; the construction of two (2) water storage tanks, and including lands and rights in lands, furnishings, equipment, machinery, and apparatus, and
WHEREAS, CPL Engineers have provided an EAF, Parts 1 and 2, which have been reviewed by the Town Board and well known to the Town Board are the current water supply difficulties in the project area, which have been validated by the Chautauqua County Health Department, and
WHEREAS, the Town Board has held a Public Hearing, duly noticed in accordance with law, on said 202-b project, and all parties having been heard, and the map, plan, and report having been reviewed by the Board, and the Board having considered all the issues in Parts 1 and 2 of the EAF under SEQR, and in the opinion of the Engineer, it should issue a negative declaration with respect to said project;
NOW THEREFORE BE IT RESOLVED,
That the Town Board of the Town of Pomfret does hereby find a negative declaration under the State Environmental Quality Review Act with respect to the proposed 202-b project in the North End Water District, Water District No.7-Phase 3 in the Town of Pomfret, and be it further
RESOLVED, that the Supervisor and Clerk are authorized to execute all necessary documents issuing a negative declaration and filing and serving same in accordance with law.

A motion made by Councilwoman Eckman to approve the following Order after Public Hearing resolution, seconded by Councilman Christy, and carried by Roll Call Vote.

WHEREAS, the Town Board of the Town of Pomfret, in the County of Chautauqua, New York, has heretofore caused a map, plan, and report of proposed improvements in the North End Water District, Water District No. 7, Phase 3 in said Town, together with an estimate of costs thereof, to be prepared by CPL Engineers, competent engineers licensed in the State of New York; and
WHEREAS, upon completion of said map, plan, and report and estimate of costs, and the filing thereof in the Office of the Town Clerk, the Town Board of Said Town adopted an Order calling for a Public Hearing there on, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of new York, describing in general terms the proposed improvements, consisting of the installation of approximately 74,000 lineal feet of eight inch water main; the construction of two water storage tanks and including lands or rights in land, furnishings, equipment, machinery, and apparatus required therefore; and pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board such map, plan, and report for said increase and improvement of facilities of the District, dated July 2023, and have estimated the maximum cost thereof to be expended, Eleven Million, Five Hundred, Seventy-Five Thousand ($11,575,000.00) Dollars, and
WHEREAS, said notice of Public Hearing was duly posted and published as required by law, stating that the Town Board would meet to hear all persons interested in the subject matter thereof, on July 27, 2023 at 5:00P.M. at the Town Hall, 9 Day Street, Fredonia, New York, to consider said increase and improvement of the facilities to the district as herein mentioned at a cost not to exceed Eleven Million, Five Hundred, Seventy-Five Thousand ($11,575,000.00) Dollars and;
WHEREAS a public hearing was held at the time and place aforesaid in the same manner described herein, at which time all persons interested in the subject matter were given an opportunity to be heard;
NOW THEREFORE, upon evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
The Notice of the Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory; The construction of the improvements herein described is in the public interest; Prior to solicit competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further
ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed Elven Million Five Hundred, Seventy-Five Thousand Dollars ($11,575,000.00) the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities to be expanded; and it is further
ORDRED that the expense of said crease and improvement of facilities shall be assessed, levied, and collected from the several lots of lands or parcels of land within the District, as such lands and lots of land are benefited, together with the several lots and parcels of land within the said North End Water District No. 7 as a whole; that North End Water District-Water District NO. 7 was constituted on a benefit basis and the expenses of said District are assessed, levied, and collected on a benefit basis as a benefit District, and it is further
ORDERED that the expense of said improvements of facilities may be offset by any grants received from the State or Federal bodies, and that the balance of said cost of the improvements described herein will be bonded in an amount not to exceed Six Million, Five Hundred, Sixty-Nine Thousand ($6,569,000.00) Dollars and it is further
ORDRED that the Town Board of the Town of Pomfret, in the name of the district, may accept all grants in aid from State and Federal agencies for the cost of said improvements, and my finance all or part of the balance not to exceed Six Million, Five Hundred, Sixty-Nine Dollars ($6,569,000.00) in serial bonds; and it is further
ORDERED that the Town Clerk shall record a copy of this order in the office of the County Clerk of the County of Chautauqua as required under section 195 of the Town Law of the State of New York.
ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

Councilman Christy made a motion to approve the following Bond Resolution, seconded by Councilman Sedota and carried by a roll call vote.

A BOND RESOLUTION, dated JULY 27, 2023, OF THE TOWN Board of the town OF POMFRET, Chautauqua County, new york (the “town”), AUTHORIZING A CAPITAL IMPROVEMENTS PROJECT WITHIN the NORTH END Water district – wATER district no. 7 (phase 3) AT AN ESTIMATED MAXIMUM cost OF $11,575,000 AND AUTHORIZING (A) the application of up to $5,000,000 in grant funds from THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION, (b) THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,569,000 of the town, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND (C) THE USE OF OTHER AVAILABLE FUNDS OF THE TOWN IN THE AMOUNT OF $6,000, said amount OF obligations to be OFFSET BY ANY ADDITIONAL federal, state, county and/or local FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
WHEREAS, the Town Board of the Town of Pomfret, Chautauqua County, New York (the “Town”), has established the North End Water District – Water District No. 7 (the “District”); and
WHEREAS, the Town Board has determined, by resolution, to undertake a certain water system capital improvements project commonly known as “Phase 3” within the District; and
WHEREAS, the Town intends to apply for a $5,000,000 grant from the New York State Environmental Facilities Corporation (NYSEFC); and
WHEREAS, the Town Board has determined to proceed with such project by making an application to the NYSEFC for the hopeful receipt of grant funds; and
WHEREAS, the Town Board took the following actions with respect to such project: (a) received maps, plans and reports for such project, (b) held a public hearing with respect to such project, (c) considered all matters relating to, and complied with all obligations under, the State Environmental Quality Review Act and in connection therewith made such determinations with respect to such project as was required, (d) determined that the requirements of Article 12 of the Town Law had been satisfied with respect to such project and (e) determined to undertake such project; and
WHEREAS, the Town Board desires to issue obligations of the Town to finance at least a portion of the costs of such project.
NOW THEREFORE,
BE IT RESOLVED, by the Town Board (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1.   The Town is hereby authorized to undertake a water system capital improvements project (commonly known as Phase 3) that will generally consist of (but not be limited to), the installation of approximately 74,000 linear feet of water main, construction of two water storage tanks, and including land or rights in land, furnishings, equipment, machinery, as well as other such improvements as more fully identified in (or contemplated by) such map, plan and report prepared in connection with such project, all of the forgoing to include all necessary site work, equipment, apparatus and other preliminary work (including design and survey) as well as other improvements and costs incidental thereto and in connection with the financing thereof (the “Project”). The estimated maximum cost of said purpose is $11,575,000.
SECTION 2.   The Town Board plans to finance the estimated maximum cost of said purpose by (a) the application of up to $5,000,000 of grant funds anticipated to be or actually received from the New York State Environmental Facilities Corporation, (b) the issuance of serial bonds in an aggregate principal amount not to exceed $6,569,000 of the Town, hereby authorized to be issued therefore pursuant to the Local Finance Law, and (c) the use of available funds of the Town in the amount of $6,000, said amount of obligations to be offset by any additional federal, state, county and/or local funds received. Unless paid from other sources or charges, the costs of said increase and improvement of facilities will be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of the benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law.
SECTION 3.   It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 40 years.
SECTION 4.   Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.
SECTION 5.   It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
SECTION 6.   The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, the costs of said increase and improvement of facilities will be paid by the assessment, levy and collection of special assessments from the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of the benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, except as provided by law. Should the assessments upon benefited real property be insufficient to pay the principal of and interest on such bonds, there shall annually be levied on all taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7.   Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
SECTION 8.   The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in this resolution.
SECTION 9. This resolution shall constitute the declaration (or reaffirmation) of the Town’s “official intent” to reimburse the expenditures authorized in this resolution with the proceeds of the bonds, notes or other obligations authorized herein, as required by United States Treasury Regulations Section 1.150-2.
SECTION 10. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
SECTION 11. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 12. The Town Supervisor is further authorized to call in and redeem any outstanding obligations that were authorized hereunder (at such times and in such amounts and maturities as may be deemed appropriate after consultation with Town officials and the Town’s municipal advisor), to approve any related notice of redemption, and to take such actions and execute such documents as may be necessary to effectuate any such calls for redemption pursuant to Section 53.00 of the Local Finance Law, with the understanding that no such call for redemption will be made unless such notice of redemption shall have first been filed with the Town Clerk.

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

SECTION 14. The Town has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under SEQRA is necessary.

SECTION 15. In the absence or unavailability of the Town Supervisor, the Deputy Town Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.

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

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

Respectfully Submitted,

Allison Vento
Town Clerk

July 27, 2023 Public Hearing Minutes-Phase 3

PUBLIC HEARING of the Town Board of the Town of Pomfret held Thursday, July 27, 2023 at 5:00 P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

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

The purpose of the Public Hearing is to hear comments from the public regarding the North End Water District -Water District #7, Phase 3 in the Town for the increase and improvement of facilities of the district, consisting of the installation of approximately 74,000 linear feet of Eight Inch (8) water main; the construction of two (2) water Storage Tanks and including lands or rights in land, furnishings, equipment, machinery, and apparatus required.
Supervisor Pacos started the Public Hearing by stating this hearing is for the Phase 3 of the North End Water District and is needed to be able to complete the requirements to apply for grant money. The deadline to submit the application for funding is August 11, 2023, with announcement if awarded in October of 2023. Mr. Pacos reiterated the board promised to continue with gaining funding for Phase 3 to close out the North End Water District.
Audience Comments:

Seth Krull, CPL Engineering, presented to the board and the audience updated maps of the proposed Phase 2 and Phase 3 of the North End Water District. He gave a brief description of the project and answered specific questions from the attendees. The estimated costs to the property owners, once completed, will be approximately $1,240.00 per year. The cost is broken down to approximately $780.00 per EDU on the tax bill, with an estimated cost of $490.00 per year for the quarterly billings of water used. To this, Councilwoman Eckman stated the board is going to do everything to keep the costs down to each property owner by applying to all state and federal grants which are pertinent to this project. Mr. Krull gave a brief outline of the timing of these projects. He stated there is roughly six to eight months in the design/planning of the project to which it is then sent to the required agencies to approve the design. After the design is approved by the necessary agencies, the project will go out to bid which is approximately one to two months. Designing of Phase 2 and Phase 3 are happening simultaneously to keep the project moving forward, to which he stated the construction for both phases could begin at the same time.
David Rose asked the question if the board does not receive funding, does the project halt, and not continue. Supervisor Pacos stated the project will continue regardless of the amount of funding received. He also asked if meetings are posted on the town’s website. Town Clerk Vento stated that all meetings, legal notices, agendas, and meeting correspondence are posted on the website under the ’Calendar’ tab.
Richard George addressed the board on the status of Phase 2. Seth Krull explained Phase 2 is in the design/planning phase. It will be next summer before we see any bidding or construction.
Becky Siragusa, Pomfret resident, addressed several questions with the board. She asked the progress of Phase 2, to which was answered it is in the design/planning phase. She questioned if the Berry Rd. line replacement was included in either phase. The board explained they cannot combine the line replacement on Berry Road, due to it being in a separate water district. The line in on Farel Road will be connected to Berry Road, to create a continuous loop, to which should help with the quality of water in that section of the Town. She addressed the timeline for the line replacement of Berry Road to which Mr. Pacos stated they will keep working on applying for funding and moving projects along. Their priority is to bring potable water to those who do not currently have municipal water first, then continue with Berry Road and Chestnut Road water districts. Mr. Christy again stated the benefit of tying the Farel Rd. line to Berry Rd. to create the ‘loop’ to help keep water flowing and moving so sediment does not build up because it’s a ‘dead end’ line.
A resident from Chautauqua Rd. asked if municipal water will be installed on Chautauqua Rd. The board replied the section of the road he is speaking to, is not in the North End Water District and because of the topography of the area, the town most likely will not be creating a district to include Chautauqua Rd. because of the cost to do so.
Vernon Voyles spoke of the issue with water pressure. Councilman Christy stated that the new designs have pump stations and booster stations included. The engineers on this project will be calculating the hydraulics. Currently the engineers have pump stations being located on Harmon Hill Road and Straight Road.
Dave Willey inquired about the blue water tank located on Webster Road. The Board stated this is a Village of Fredonia tank and any questions should be addressed to the Village of Fredonia Trustees. Mr. Willey asked the board to consider moving away from the current water source and look at alternate sources because of the quality of water he receives on Webster Rd. Mrs. Eckman stated the board continues to look at the quality of water being supplied to Town of Pomfret residents and is monitored frequently.
Kenneth Petke, Pomfret resident, also spoke to the quality of water and the source Phase 2 and Phase 3 will be supplied by. Supervisor Pacos said they are looking at all their options, Village of Fredonia, and the North County Water District. Mr. Petke also asked about the debt service already being paid by those in the North End Water District, to which it was explained that the monies already being collected yearly on the Town/County Tax bill, that money will help with the cost of Phase 2 and Phase 3 because it’s part of the North End Water District as a whole. Finally, Mr. Petke asked if the home owners are allowed to continue to use their well for watering purposes. Mr. Krull, CPL, stated, yes, as long as it’s disconnected from the public water supply, home owners may still use their well for other purposes, as they so choose. Mr. Krull also addressed if there are any businesses or agriculture businesses which will be using the public water supply, there will be additional involvement with the County Health Department.
Jim Oakes asked if the town will be supplying the water meters. Supervisor Pacos stated “Yes”, the town will be supplying and installing the meters at the time of connection when the construction has commenced. If a property owner chooses not to hook up to the municipal water at the time of construction, there will be a fee to do so, which will be determined by the Town Board.
Charles Civiletto asked if the monies already being paid on the Town/County tax bills for the North End Water District debt service will help with the cost of the next two phases. The board answered “Yes”, the three different phases of the North End Water District are part of the whole district, the fund are not separated by the different phases of completion.

With no further public comments, a motion made by Councilwoman Eckman, seconded by Councilman Christy, to close the Public Hearing at 5:41P.M. The motion was carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC
Pomfret Town Clerk

Town of Pomfret

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