Town of Pomfret

Thank You for Visiting!

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