November 9, 2022-Public Hearing Minutes, 2023 Preliminary Budget

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 9, 2022 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
                       
ABSENT:       Councilman Brett Christy
           

The Public Hearing is being held for the purpose of the 2023 Budget. Town Clerk Vento provided proof of posting and publishing.

Supervisor Pacos noted the 2023 Preliminary Budget reflects a town wide rate of 4.1733498, a 0.05 increase with additional outside Village Rate of 8.5819839 or 0.00 increase. The total tax levy is within the tax cap, coming in $44,000.00 under the limit. The total budget is $4,231,005.
                                                                                                     
With no questions, comments, or concerns from the public, a motion made by Councilman Sedota seconded by Councilman Schaeffer to close the public hearing at 6:19 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento, MMC/RMC
Town Clerk


                         
 

November 9, 2022- Public Hearing Minutes, Lily Dale Fire Contract

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, November 09, 2022 at 6:00P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

ABSENT:      Councilman Brett Christy
                       
Supervisor Pacos opened the Public Hearing for the purpose of the 2023 Lily Dale Fire Contract.  The purposed amount for the 2023 contract is $32,228.00.
Town Clerk Vento provided proof of posting and publishing.

THIS AGREEMENT, made effective the 1st day of January 2023 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, 2023. 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, 2023 and shall continue for a period of one (1) year and shall expire at 11:59 P.M. on December 31, 2023 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 Sedota, seconded by Councilwoman Eckman to close the public hearing at 6:03P.M. The motion carried unanimously.

Respectfully Submitted,

Allison Vento, MMC/RMC, Town Cler

November 9, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M., November 09, 2022 at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063

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

ABSENT:                               Brett Christy

The Pledge was recited and led by Supervisor Pacos.            

DULY MOVED by Councilman Sedota to accept the minutes of the October 12, 2022 Regular Town Board Meeting Minutes. The motion was seconded by Councilman Schaeffer. The motion carried unanimously with Councilwoman Eckman abstaining.

DULY MOVED by Councilman Sedota to accept the minutes of the October 17, 2022 Budget Workshop meeting minutes. The motion was seconded by Councilman Schaeffer. The motion carried unanimously with Councilwoman Eckman abstaining.

DULY MOVED by Councilman Sedota to accept the minutes of the October 19, 2022 Special Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously with Councilwoman Eckman abstaining.


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2022 with no additions. 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
Councilman Christy-Absent
Councilwoman Eckman-AYE

General Fund Town Wide      $12,688.94
General Fund Part Town        $4,543.27
Highway Fund Part Town      $11,230.05
Berry Water District               $222.35
Chestnut Water District          $198.83
North End Water District        $438.86
Lily Dale Sewer District         $31,501.33
Lily Dale Water District         $4,605.04
Capital Projects                       $480,432.88


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-11 of 2022 in the amount of $67,611.69 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

DULY MOVED by Councilman Schaeffer to approve the following budget transfers. The motion was seconded by Councilman Sedota and carried unanimously.
GENERAL FUND TOWWIDE
$300    FROM             A1990.4 Contingent
            TO                   A1220.4 Supervisor Contractual
            For Municipal Solutions invoices paid

$3,565 FROM             A1990.4 Contingent Account
            TO                   A1910.4 Unallocated Insurance
            For higher than budgeted policy renewal premiums

$400    FROM             A1990.4 Contingent
            TO                   A1410.4 Town Clerk Contractual
            For publishing of legal notices

$600    FROM             A9060.8 Employee Benefits Hospital & Medical Insurance
            TO                   A9060.81 Employee Benefits Dental Insurance


TOWN CLERK REPORTS
  • The Pomfret Clerks Office month of October 2022 monthly report is on file. A total of $12,376.00 was collected.
  • Pomfret Town Justice report for October 2022 is as follows:
Justice Dietzen Total Cases:100
                        Total Fine & Surcharges: $8,256.00
                        Cases dismissed: 22

                        Justice Cerrie Total Cases: 128
                        Total Fine & Surcharges: $9,035.00
                        Cases dismissed: 33
  • The Historian Report for November 2022 has been distributed to the board and it is on file in the Clerk’s office.
  • The Pomfret Town hall will be closed from 12:00-1:00P.M. on Wednesday, November 16, 2022.
  • The Town of Pomfret offices will be closed Friday, November 11th-Veterans Day, Thursday, November 24th and Friday, November 25th-Thanksgiving Holiday.
HIGHWAY SUPERINTENDENT REPORTS:
  • Councilman Schaeffer made a motion to declare the following items surplus at the recommendation of Highway Superintendent, Jude Gardner, no longer a use to town residents with permission to auction them to the highest bidder. The motion was seconded by Councilwoman Eckman and carried unanimously.
-Battle axe culvert cleaner
-Two 11’ft one-way plows
-Helac attachments
-Eight old plow cutting edges
-Eight sets of old plow truck chains

AUDIENCE COMMENTS
-None

SUPERVISOR PACOS
  • Supervisor Pacos made a motion to approve the 2023 Budget with the following rates: Townwide Rate is 4.1733498 ($0.05 increase)
    Additional Outside Village rate is 4.4086341
Total Outside Village is 8.5819839 ($0.00)
The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Schaeffer- AYE
Councilman Sedota-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE
Supervisor Pacos-AYE
  • Councilwoman Eckman made a motion to approve the Lily Dale Fire Contract in the amount of $32,228.00 for the year 2023. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to include the seasonal cemetery employees in the Veteran’s Day paid holiday on November 11, 2022. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to authorize Supervisor Pacos to approve and pay all year end bills for the year 2022. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to schedule the 2023 Organizational Meeting for January 11, 2023, at 5:00 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the increase of dog licensing fees and include a late fee of $25.00 per dog not licensed within the time frame dictated by the Town Clerk, effective January 1, 2023 to $9.00 per spayed/neutered dog and $17.00 for each unspayed/unneutered dog. With the required state fees bringing the total to $10.00 per spayed/neutered dog and $20.00 unspayed/unneutered dog. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board is moving forward with the replacement of the second pump station in Lily Dale.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for a proposed Local Law for the NYS Code Enforcement Regulations on Wednesday, December 14, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to amend the motion made October 12, 2022, giving Supervisor Pacos authorization to approve the bid for concrete for the Highway Salt Barn. With the only bid accepted, it was awarded to Kistner Concrete Products, Inc. at a cost not to exceed $111,456.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF POMFRET, NEW YORK, TO APPROPRIATE A PORTION OF FUNDS RECEIVED BY THE TOWN FROM THE AMERICAN RESCUE PLAN ACT TO THE CAPITAL IMPROVEMENTS PROJECT CONSISTING OF THE CONSTRUCTION OF A SALT STORAGE FACILITY.
WHEREAS, on March 11, 2021, Joe Biden, the President of the United States of America signed into law the American Rescue Plan Act (“ARPA”) which provides financial assistance to assist in the continued relief from the impact of the Covid-19 pandemic and authorized the Department of the Treasury to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund,
 and WHEREAS, the Town of Pomfret is expected to receive $363,383.52 of total ARPA funding;
and WHEREAS, the Town has previously resolved to undertake a capital improvements project involving the construction of a salt storage facility located along Chautauqua Road in the Town;
 NOW, THEREFORE, BE IT RESOLVED by the Town Board that:
The Town hereby commits to allocate ARPA funds in the amount of up to $40,000 to provide partial funding for the construction of the Salt Storage Facility.
This Resolution shall become effective immediately upon execution.

 
  • Councilwoman Eckman and Supervisor Pacos will be holding interviews for the upcoming vacant Assessor Clerk position in the near future.
  • Councilwoman Eckman and Councilman Christy will be holding interviews for the vacancy of Zoning Enforcement Officer position in the near future.
 
  • Supervisor Pacos announced the Town of Pomfret is in receipt of a $5,000,000.00 NYS Water Infrastructure Improvement (WIIA) grant for their upcoming North End Phase II water project. The town was also awarded at $30,000.00 grant from EPG for sewer expansion within the Town of Pomfret. Supervisor Pacos thanked the engineers and Municipal Solutions for their hard work in getting the grant submitted.
  • Town of Pomfret will be the destination for the food drive held by Rural Ministry on Saturday, November 12, 2022 from 12:00-3:00P.M. and Sunday, November 13, 2022 from 9:00A.M. to 12:00P.M. They are accepting frozen turkeys and hams for the holiday season.

COUNCIL REPORTS

COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota will be fulfilling the presence of a town representative at the monthly Fredonia Fire Department meetings.

COUNCILMAN SCHAEFFER
  • The Fredonia Opera House is hosting another historical presentation on the Underground Railroad. This will be held November 10, 2022 at 7:00P.M.
  • November 15, 2022 there will be a local artist show with Mackenzie Sheldon and Connie Lavelle, both art teachers at Fredonia Central School District.
  • The Barker Library and Museum will be participating in Christmas Caroling on December 17, 2022 at 4:30P.M.
  • The library mural will be placed on the outside wall which faces Main St. in the Village.
  • The Chamber will be holding their Small Business Saturday on November 27, 2022 and hosting the Miracle on Main Street December 3, 2022 from 9:00A.M. to 6:00P.M.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman attended the ribbon cutting for a new business, “716 Eye Care” in the Pucci Building downtown Fredonia.
  • Festivals Fredonia will be holding a new event, ‘Hot Toddy Crawl” during the Miracle on Main Street. All are welcome to attend.
DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer at 7:17 P.M. The motion carried unanimously.

Respectfully Submitted,
           
Allison Vento, MMC/RMC
Town Clerk
 

October 19, 2022 Special Meeting Minutes

            SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00P.M. October 19, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                    Supervisor Daniel Pacos
                    Town Clerk Allison Vento
PRESENT:     John Sedota
                     Christopher Schaeffer
                     Brett Christy

ABSENT:                               Ann Eckman

Supervisor Pacos led the Pledge of Allegiance of the Flag to begin the meeting of the Pomfret Town Board.

Supervisor Pacos
  • Councilman Sedota made a motion to approve the recommended, Engineer approved quote from BECC Electric for the Pomfret Highway Barns Salt Shed at a cost not to exceed $24,450.00. The motion was seconded by Councilman Christy and carried by roll call vote.
Councilman Sedota: AYE
Councilman Christy: AYE
Councilman Schaeffer: Abstain
Supervisor Pacos: AYE
  • Councilman Schaeffer made a motion to approve the recommended, Engineer approved, quote from Lancaster Tanks and Steel Products of Buffalo, for the fuel tanks for the Pomfret Highway Barns Salt Shed project at a cost not to exceed $12,409.68. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to authorize Supervisor Pacos to approve the quote for concrete blocks for the Pomfret Highway Barns Salt Shed project. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:58P.M.


Respectfully Submitted,
           
Allison Vento
Town Clerk
 

October 12, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. October 12, 2022 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
                                                Christopher Schaeffer

                                                Ann Eckman
ABSENT:                               Brett Christy


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 14, 2022 Public Hearing Minutes-Cannabis Rules and Regulations. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 14, 2022 Regular Town Board Meeting Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the October 5, 2022 Special Meeting Minutes of the Pomfret Town Board. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the October 5, 2022 Public Hearing Minutes-Comprehensive Plan. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #10 of 2022. 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 Christy-Absent
Councilwoman Eckman-Absent

General Fund Town Wide      $24,560.75
General Fund Part Town        $17,364.69
Highway Fund Part Town       $14,743.66
Berry Water District               $ 8,275.43
Chestnut Water District          $ 2,577.46
North End Water District        $44,916.53
Rt. 20 Water District               $       35.33
Rt. 20 Sewer District              $       45.44
Rt. 60 Water District               $ 5,381.04
Rt. 60 Sewer District              $ 3,027.37
Lily Dale Sewer District         $ 7,070.35
Lily Dale Water District         $ 2,853.12
Lakeview Sewer District        $      52.90
Sewer District 1                      $ 1,993.93
Sewer District 2                      $ 1,277.05
Capital Projects                       $22,021.00



DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-10 of 2022 in the amount of $250,296.44 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-Absent

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the September 2022 report of monies collected. A total of $7,745.05 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for September 2022 is as follows:
Justice Dietzen Total Cases: 127
                        Total Fine & Surcharges: $10,073.00
                        Cases dismissed: 18

                        Justice Cerrie Total Cases: 119
                        Total Fine & Surcharges: $10,347.00
                        Cases dismissed: 25
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.
  • Zoning and Planning Clerk submitted minutes to the board for the recent Planning and Zoning Hearings.
  • Town Clerk Vento addressed the board in regards to the dog licensing fees. The fees have not increased since 2010. The board agreed they would be in favor of increasing the fees from $7.00 for a spayed/neutered dog to $9.00 and $15.00 for unspayed/unneutered to $17.00. The Clerk as advised to review the local law on how to increase the fees and having information for the November Meeting.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The September work report was distributed.
  • A discussion was had about the concrete blocks needed for the construction of the Salt Barn. No bids were received after being advertised. Highway Superintendent Gardner will reach out to previously stated interested companies to submit a bid for the project.
SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve Local Law #4 of 2022-Cannabis Rules and Regulations, the motion was seconded by Councilman Sedota and carried unanimously.
Section One – Authority:   This Local Law of the Town of Pomfret, Chautauqua County, New York, is enacted by the Town Board exercising its authority under the Constitution of the State of New York, and the Town Law, General Municipal Law, and the Marijuana Regulation and Taxation Act for the Protection and Preservation of public safety and property in the Town of Pomfret.  

Section Two – Purpose:  It is the intention of the Town Board in enacting this Local Law to promulgate rules and regulations pertaining to retail dispensaries and on-site consumption licenses under the Cannabis Law of the State of New York.

Section Three – Licensing:   All cannabis or marijuana establishments located within the Town of Pomfret shall be licensed under the State of New York Marijuana Regulation and Taxation Act and/or the Cannabis Control Board established thereunder.  No facility shall be permitted in the Town of Pomfret unless licensed under New York State Law.
 
Section Four – Location:                  
A.        No Cannabis or Marijuana facility, licensed or permitted under New York State Law, shall be located in the Town of Pomfret, except in the Town of Pomfret Industrial District or Highway Business District.

B.        Adult use retail dispensaries and on-site consumption establishments, licensed by the State of New York, shall also be required to obtain a special use permit from the Town of Pomfret.  A special use application shall be submitted to the Town of Pomfret Zoning Board of Appeals, which shall conduct a Public Hearing and determine.

Section Five – Regulations:              
A.        A separate special use permit is required for each premise in which a cannabis establishment is to be operated.  No two or more different cannabis establishments may be treated as one premise, nor may more than one such establishment be co-located on a single premise or property.

B.        All cannabis establishments shall be contained within a secure building or structure.  All structures used for cannabis establishments shall be set back from the front, side, and real property lines in accordance with the Town of Pomfret Zoning Laws for the district.  No cannabis establishment shall have a gross floor area in excess of Two Thousand, Five Hundred (2,500) square feet.
C.        All aspects of the cannabis establishment relating to possession, processing, sales, distribution, dispensing, or administration of cannabis or marijuana products, related supplies, and materials shall not be visible from the exterior of the business.  No outside storage of any sort shall be permitted, including product or product waste associated with the licensed establishment.
D.        No on-site consumption premise or dispensary shall be located within a building that contains residential units, including transient housing, hotel, motel, dormitories; nor shall they be located inside a movable or mobile structure such as a car, van, truck, bus, trailer, or cargo container. 
E.         No licensed cannabis premise or premises in the Town of Pomfret shall be located within five hundred (500) yards of any residence, school, licensed childcare center, playground, park, athletic field, or any other facility where children commonly congregate, church, place of worship, or any other licensed cannabis/marijuana dispensary or on-site consumption premise.  The distance shall be measured in a straight line from the nearest point from the property boundary line of the licensed premise to the nearest point of the boundary line of the property on which the use or uses just recited is located.
F.         No licensed cannabis/marijuana establishment shall be located within the same premises as any medical office or any other professional practitioner authorized or licensed to prescribe the use of medical marijuana.
G.        The hours of operation of all licensed cannabis/marijuana establishments in the Town of Pomfret shall be limited to Monday through Saturday, from 10:00 a.m. to 9:00 p.m.; and Sunday from 12:00 p.m./noon to 6:00 p.m.
H.        No cannabis or marijuana establishment may operate a drive-thru or drive-in service.
 I.          Any and all signs related to the licensed cannabis/marijuana establishment must be located on the same premises or building where the licensed establishment is located; and further must be in compliance with all sign regulations under the Town of Pomfret Code.  No sign, advertisement, display, or other promotional material which utilizes graphics related to marijuana or marijuana paraphernalia, or symbols related to marijuana shall be visible to the public from any public right-of-way, including, but not limited to highways, streets, sidewalks, pedestrian walkways.
 J.          Every licensed cannabis/marijuana establishment in the Town of Pomfret shall be ventilated in such a manner;
i) That no pesticides, insecticides, or other chemicals or products used in the cultivation or processing are disbursed into the outside atmosphere or ground.  
ii) No odor from any licensed cannabis/marijuana establishment can be detected by a person with a normal sense of smell at the exterior of the building wherein the licensed cannabis/marijuana establishment is located, or at any adjoining use or property.
iii) All licensed cannabis premises in the Town of Pomfret shall be designed, constructed, and operated so that no odor from the premises emanates from the building hosting the licensed premises.

Section Six – Violations:  Any violation of this Local Law shall be treated as a violation under the Penal Law of the State of New York, with penalties prescribed under the Penal Law of the State of New York and the Criminal Procedure Law of the State of New York. The Town Board reserves the right to seek injunctive and civil relief as it may determine.




Section Seven – Validity:   If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

Section Eight – Effective Date:  This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilman Sedota made a motion to schedule a Special Meeting of the Pomfret Town Board for any lawful business before the board on Wednesday, October 19, 2022 at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve the Type II SEQR with declaring a Negative Declaration, having conducted the public hearing for the Joint Comprehensive Plan and with no further proceedings required under the State Environmental Quality Review Act. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the Pomfret/Fredonia Joint Comprehensive Plan as amended on October 12, 2022. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to schedule a Public Hearing for the Purpose of the Lily Dale 2023 Fire Contract on Wednesday, November 9, 2022 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The purposed amount for 2023 is $32,228.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule a Public Hearing for the purpose of the Preliminary 2023 Town of Pomfret Budget on Wednesday, November 9, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Sedota made a motion to approve the Rak 2 Solar, LLC Decommissioning Plan. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the budget amendment for the Lily Dale Water District #8 from $5,000.00 to $2,000.00 on the ‘Miscellaneous’ budget line. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to approve the request from Festivals Fredonia for the use of the Forest Hill Cemetery for their annual ‘Harvest Moon Cemetery Tours’ on Friday, October 21 and Saturday, October 22, 2022 from 5:00P.M. to 12:00A.M. midnight. The motion was seconded Councilman Sedota and carried.
  • Councilman Sedota made a motion to set the October 31, 2022 Halloween Trick or Treat hours from 4:30P.M. to 7:30P.M. these hours coincide with the Village of Fredonia hours. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Supervisor Pacos has updated the Town Board with list of projects ongoing in the Town of Pomfret.
  • Councilman Schaeffer made a motion to authorize of Town Attorney Passafaro to submit a letter to Attorney John P. Gullo stating the Pomfret Town Board has no objection to the issuance of a Repair Shop License issued by the State of New York at 10260 McAllister Road, Fredonia also informing Mr. Gullo the consent of this license does not confer any changes to the Pomfret Zoning Code. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Darwin R. Barker Library meeting. The library is moving forward with the installation of a mural. Mr. Stanley Star has donated a monetary amount to be used for repairs and updates to the library.
  • The museum will be introducing a ‘Seed Library’ where residents can participate in exchanging seeds and donating them.
  • Festivals Fredonia Fire Department Open House has a success. It was well attended by many families in the community.
  • The Chamber is hosting a series of ‘Business After Hours.’ These will be held October 27, 2022 at 21 Brix, November 3, 2022 at Southern Tier. The Small Business Saturday event will be held November 26th.
  • The Opera House is hosting a lecture by Michelle Henry, Chautauqua County Historian on October 13, 2022.  
COUNCILMAN SEDTOA
-None

COUNCILWOMAN ECKMAN
-Absent

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro has been working with Code Enforcement Officer, Warren Kelly, on the mandated changes to the NYS to the Uniform Code. A draft Local Law will be presented to the board. These changes must be adopted by 12/31/2022.
DULY MOVED by Councilman Schaeffer to adjourn the Pomfret Town Board Regular Meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time:7:05 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

October 5, 2022 Public Hearing Minutes-Joint Comprehensive Plan

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, October 5, 2022 at 5:15 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 Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding The Comprehensive Plan being reviewed to serve as a guide to both municipalities, Town of Pomfret and the Village of Fredonia for development with respect to control of land uses, zoning, and to assist decision makers with future development in accord with priorities developed by these communities.
The Town Board will also consider matters related to the State Environmental Quality Review Act as it pertains to the review of a draft comprehensive plan.

Public Comments:
  • Linda Warner asked the board if this Comprehensive Plan will affect the recent zoning changes which the board adopted. Supervisor Pacos stated it will not. This plan is a series of recommendations including updating zoning definitions, expanding the water and sewer throughout Town of Pomfret, and promote the agriculture in our area. Supervisor Pacos said some may be taken into consideration and some may not. It will be up to the board to decide.

With no further public comments, a motion made by Councilman Schaeffer seconded by Councilman Christy, to close the Public Hearing at 5:22 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

October 5, 2022 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 5:00 P.M. October 5, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

PRESENT:
Supervisor Daniel Pacos
Town Clerk Allison Vento

COUNCILPERSONS:          
Christopher Schaeffer
Brett Christy
John Sedota
Ann Eckman
           
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 2023 Tentative Budget to the board and any other lawful business before the board.
 
  • The Town Clerk presented the Tentative 2023 Budget to the Town Board.
Supervisor Pacos noted the 2023 Tentative Budget reflects a town wide rate of 4.2584564, increase of .13 (3.15%) and outside Village rate of 4.4106289, increase of .09 (1.05%) Total Outside Village Rate of 8.6690853 , an increase of 0.09.
  • Councilwoman Eckman made a motion to approve the following Lily Dale Project Budget Modifications. The motion was seconded by Councilman Christy and carried by roll call vote.
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Lily Dale Water Project (“Project); and
WHEREAS, the Town Board wishes to adjust the project budget items to more accurately reflect actual costs and;
WHEREAS, Rural Development requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret authorizes the following Budget modifications for the Project:
Increase Extra Work (Area 1 CO#3)    Increase of      $150,904
Increase Extra Work (Area 2 Town Cost)Increase of      $15,610
Town Extra Contribution      Increase of      $67,105
Net Interest     Decrease of     $67,905.75
Contingency Increase of      $67,107
Contingency Decrease of     $95,608.25
ROLL CALL:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE

Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Councilwoman Eckman made a motion to accept the resignation of Pomfret Zoning Enforcement Officer, Greg Danielson, effective September 27,2022 with regret. The motion was seconded by Councilman Schaeffer and carried unanimously.
DULY MOVED by Councilman Sedota, seconded by Councilman Schaeffer to adjourn the Special Town Board Meeting at 5:11 P.M. The motion was carried unanimously.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

September 14, 2022 Public Hearing Minutes-Cannabis Rules and Regulations

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 14, 2022 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 Brett Christy
                        Councilman Chris Schaeffer


Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a local law enacting Cannabis Rules and Regulations for the Town of Pomfret.                      
The proposed local law is as follows:

Section One – Authority:  This Local Law of the Town of Pomfret, Chautauqua County, New York, is enacted by the Town Board exercising its authority under the Constitution of the State of New York, and the Town Law, General Municipal Law, and the Marijuana Regulation and Taxation Act for the Protection and Preservation of public safety and property in the Town of Pomfret.  

Section Two – Purpose:   It is the intention of the Town Board in enacting this Local Law to promulgate rules and regulations pertaining to retail dispensaries and on-site consumption licenses under the Cannabis Law of the State of New York.

Section Three – Licensing:   All cannabis or marijuana establishments located within the Town of Pomfret shall be licensed under the State of New York Marijuana Regulation and Taxation Act and/or the Cannabis Control Board established thereunder.  No facility shall be permitted in the Town of Pomfret unless licensed under New York State Law.
 
Section Four – Location:                  
A.        No Cannabis or Marijuana facility, licensed or permitted under New York State Law, shall be located in the Town of Pomfret, except in the Town of Pomfret Industrial District or Highway Business District.

B.        Adult use retail dispensaries and on-site consumption establishments, licensed by the State of New York, shall also be required to obtain a special use permit from the Town of Pomfret.  A special use application shall be submitted to the Town of Pomfret Zoning Board of Appeals, which shall conduct a Public Hearing and determine.


Section Five – Regulations: 
A.        A separate special use permit is required for each premise in which a cannabis establishment is to be operated.  No two or more different cannabis establishments may be treated as one premise, nor may more than one such establishment be co-located on a single premise or property.

B.        All cannabis establishments shall be contained within a secure building or structure.  All structures used for cannabis establishments shall be set back from the front, side, and real property lines in accordance with the Town of Pomfret Zoning Laws for the district.  No cannabis establishment shall have a gross floor area in excess of Two Thousand, Five Hundred (2,500) square feet.
C.        All aspects of the cannabis establishment relating to possession, processing, sales, distribution, dispensing, or administration of cannabis or marijuana products, related supplies, and materials shall not be visible from the exterior of the business.  No outside storage of any sort shall be permitted, including product or product waste associated with the licensed establishment.
D.        No on-site consumption premise or dispensary shall be located within a building that contains residential units, including transient housing, hotel, motel, dormitories; nor shall they be located inside a movable or mobile structure such as a car, van, truck, bus, trailer, or cargo container. 
E.         No licensed cannabis premise or premises in the Town of Pomfret shall be located within five hundred (500) yards of any residence, school, licensed childcare center, playground, park, athletic field, or any other facility where children commonly congregate, church, place of worship, or any other licensed cannabis/marijuana dispensary or on-site consumption premise.  The distance shall be measured in a straight line from the nearest point from the property boundary line of the licensed premise to the nearest point of the boundary line of the property on which the use or uses just recited is located.
F.         No licensed cannabis/marijuana establishment shall be located within the same premises as any medical office or any other professional practitioner authorized or licensed to prescribe the use of medical marijuana.
G.        The hours of operation of all licensed cannabis/marijuana establishments in the Town of Pomfret shall be limited to Monday through Saturday, from 10:00 a.m. to 9:00 p.m.; and Sunday from 12:00 p.m./noon to 6:00 p.m.
 H.        No cannabis or marijuana establishment may operate a drive-thru or drive-in service.
 I.          Any and all signs related to the licensed cannabis/marijuana establishment must be located on the same premises or building where the licensed establishment is located; and further must be in compliance with all sign regulations under the Town of Pomfret Code.  No sign, advertisement, display, or other promotional material which utilizes graphics related to marijuana or marijuana paraphernalia, or symbols related to marijuana shall be visible to the public from any public right-of-way, including, but not limited to highways, streets, sidewalks, pedestrian walkways.
   J.          Every licensed cannabis/marijuana establishment in the Town of Pomfret shall be ventilated in such a manner;
 i) That no pesticides, insecticides, or other chemicals or products used in the cultivation or processing are disbursed into the outside atmosphere or ground.  
ii) No odor from any licensed cannabis/marijuana establishment can be detected by a person with a normal sense of smell at the exterior of the building wherein the licensed cannabis/marijuana establishment is located, or at any adjoining use or property.
iii) All licensed cannabis premises in the Town of Pomfret shall be designed, constructed, and operated so that no odor from the premises emanates from the building hosting the licensed premises.

Section Six – Violations:    Any violation of this Local Law shall be treated as a violation under the Penal Law of the State of New York, with penalties prescribed under the Penal Law of the State of New York and the Criminal Procedure Law of the State of New York.
The Town Board reserves the right to seek injunctive and civil relief as it may determine.

Section Seven – Validity:   If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

Section Eight – Effective Date:  This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
None
Town Board Comments:
None

With no further public comments, a motion made by Councilwoman Eckman seconded by Councilman Schaeffer, to close the Public Hearing at 6:17 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

September 14, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. September 14, 2022 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
                                                Christopher Schaeffer
                                                Ann Eckman
                                                Brett Christy

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 10, 2022 Regular Town Board Meeting Minutes The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the  
August 24, 2022 Special Town Board Meeting. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the September 7, 2022 Public Hearing-North End Phase II. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the September 7, 2022 Special Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #9 of 2022. 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
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $12,990.68
General Fund Part Town        $468.06
Highway Fund Part Town       $124,147.05
Berry Water District               $153.20
Chestnut Water District          $129.83
North End Water District        $352.50
Lily Dale Sewer District         $8,720.48
Lily Dale Water District         $3,017.75
Capital Projects                       $16,513.40


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #29 of 2022 in the amount of $142,607.10 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the August 2022 report of monies collected. A total of $16,206.900 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for August 2022 is as follows:
Justice Dietzen Total Cases: 121
                        Total Fine & Surcharges: $9,650.00
                        Cases dismissed: 22

                        Justice Cerrie Total Cases: 150
                        Total Fine & Surcharges: $8,111.00
                        Cases dismissed: 35
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.

AUDIENCE CONCERNS
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The August work report was distributed.
  • Christy Road has been paved.
  • Chautauqua County shouldered Christy Road and Shumla Road.
  • Patching within the Town has been completed.
  • The mowing for the fall season has begun.
  • The bore sample for the salt barn is being conducted on September 15, 2022.
  • The Town Board has been updated on the annual highway inventory/equipment.
  • Councilman Christy made a motion to approve the bid submitted by Steel Master in the amount of $86,280.00 for the steel structure of the salt barn. The motion was seconded by Councilman Schaeffer and carried unanimously.

SUPERVISOR PACOS
  • A motion made by Councilwoman Eckman to schedule a Special Meeting of the Town Board for the purpose of the Town Clerk to present the 2023 Tentative Budget to the Board and any other lawful business before the board. The meeting will be held October 5, 2022 at 5:00P.M. at Pomfret Town Hall, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to schedule the following budget workshops at 5:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
Monday           October 17, 2022
Wednesday     October 19, 2022
Monday           October 24, 2022
Tuesday           October 25, 2022
  • A motion made by Councilman Schaeffer, seconded by Councilman Sedota to approve the part-time Code Enforcement Officer to attend necessary training at a reasonable cost to the town for the remainder of the 2022 year. The motion carried unanimously.
  • Councilman Christy made a motion, seconded by Councilman Schaeffer to approve the Lily Dale Water District Change Order #3 at a cost of $150,904.00. The motion carried unanimously.
 
  • Councilman Christy made a motion, seconded by Councilman Schaeffer to approve the Lily Dale Sewer District additional work as recommended by E&M Engineers at a cost not to exceed $15,610.00, to be paid out of the Lily Dale Sewer District funds. The motion passed unanimously.
  • Councilwoman Eckman made a motion to amend the formula for usage for Lily Dale Water District #8 by adding an additional $47.50 per account, per quarter for the debit service incurred by the Village of Cassadaga. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Schaeffer made a motion to designate the Town of Pomfret as Lead Agency for the portion of the Town of Pomfret Joint Comprehensive Plan with anticipation the Village of Fredonia will act as Lead Agency for the Village of Fredonia portion. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the Joint Compressive Plan on October 5, 2022 at 5:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the Town of Pomfret and the Village of Fredonia received a grant from Northern Chautauqua Community Foundation for the development of a joint, comprehensive plan, and
WHEREAS, the two municipalities have retained INGALLS, planning consultants, to assist the municipalities in the development of a comprehensive plan, and
WHEREAS, INGALLS has produced a draft comprehensive plan for review by both municipalities, and
WHEREAS, a Public Hearing is required on said comprehensive plan, it is
RESOLVED that the Town Board of the Town of Pomfret conduct a Public Hearing on the draft comprehensive plan prepared for the Town and Village by INGALLS, Planning Consultants, on October 5, 2022, at 5:15 P.M. at the Town Hall, Town of Pomfret, 9 Day Street, Fredonia, New York.
Town Clerk is directed to post and publish Notice of Public Hearing as required by Law.
 
  • A motion made by Councilwoman Eckman to accept the resignation, with regret, from Dog Control Officer, Jude Gardner, effective September 30, 2022. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilman Schaeffer to accept the resignation, with regret and many thanks for years of service of Kathy Ludemann, Clerk to Assessor, effective December 31, 2022. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town Board has received a letter from Chautauqua County Agriculture & Farmland Protection Board for the Schofield Solar application at 5208 W. Main Rd., Fredonia made within the Town of Pomfret. It is on file with the Clerk’s Office.
  • The Town Board has received correspondence from the NYS DOT for work being completed on NY Route 60 from One mile South of NY Route 83 to ½ Mile North of US Route 20. The letter is on file with the Clerk’s Office.
  • Discussion was had in regards to a request Supervisor Pacos received for a Community Solar Program. No action or decision was made.
  • The Cassadaga Lakes Association approached the board for a letter of support for their proposed kayak launch and financial help. After discussion the board directed Supervisor Pacos to write a letter of support to the Cassadaga Lakes Association and will consider allocating money in the 2023 budget.
  • Supervisor Pacos and Councilwoman Eckman have been invited to attend the Village of Fredonia Board meeting Monday, September 19th to answer and discuss questions regarding the North End Water District Phase II.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy represented the Pomfret Town Board by riding on the Fredonia Beaver Club float during the Annual Farm Festival.
  • Numerous phone calls in favor of the North End Water District Phase II have been received. He is very pleased residents are talking, listening, and asking important questions.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Festivals Fredonia meeting.
  • The Fredonia Fire Department is hosting an Open House on October 1, 2022 from 12-5P.M.
  • The Chautauqua County Chamber is holding their annual dinner/awards on October 6, 2022. Councilwoman Eckman and Clerk Vento will be attending.
  •  The Chamber ‘Hops and Pops’ event is being held Thursday, September 15, 2022.
  • The Fredonia Opera House is holding their Bake and BBQ event on September 17, 2022. The Bake sale will be held starting at 9:00A.M. and the BBQ will be from 11:00A.M.-2:00P.M.

COUNCILMAN SEDTOA
  • There will be no cannabis meeting in September. When the next meeting is scheduled, he will inform the board.

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman has been attending several Festival Fredonia specific event meetings.
  • The Annual Farm Festival and the Red, White, and Blues festival were extremely successful. The next events planned are the October ‘Harvest Moon Cemetery Tours’ and ‘Miracle on Main.’
  • Mrs. Eckman and Mr. Pacos helped the Pomfret Cemetery Crew in weeding and cleaning out the middle of the round-a-bout.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board there is a local law the board will have to decide on adopting regarding the new Code Enforcement Officer regulations coming from the State.

DULY MOVED by Councilman Schaeffer to adjourn the Pomfret Town Board Regular meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:48P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

September 7, 2022 Public Hearing Minutes-North End Phase II

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, September 7, 2022 at 5:30P.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

COUNCILPERSONS:         Councilman John Sedota
                                                Councilwoman Ann Eckman
                                                Councilman Chris Schaeffer

ABSENT:                              Councilman Brett Christy

Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance.

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 Phase II. The Map, Plan, and Report has an increase and improvement of the facilities of the district consisting of the installation of approximately 63,675 lineal feet of eight and four inch water mains and a water booster pump station. The estimated maximum cost of the project is $8,406,000.00.

Audience Comments:
  • Peg Card, Webster Road resident, stated she feels the residents in the Town of Pomfret need, want, and deserve to have municipal water. She has installed a new well and is having issues. She is asking the board to continue to move the project forward.
  • Julie Krystofiak, Pomfret Resident, asked how residents are to know if they are considered in the Phase II of the project. The board responded that the map, plan, and report is on file with the Clerk’s Office and available for inspection during business hours.
  • Ruth Golem asked the board to consider the possibility of windmills being placed in Lake Erie and the effect it may have on local water sources. She asked who will be providing the water for the new phase. Supervisor Pacos stated both the Village of Fredonia and the North County Water District will be suppliers.
  • A Pomfret resident located on Swamp Road, asked if there will he will be affected monetarily. The answer was yes, the debt service for the project will be placed on the tax bills for those in the district benefiting from the service.
  • Debbie Lore addressed the board asking how ‘dead end’ lines will be addressed. Supervisor Pacos responded stating any ‘dead end’ lines will be flushed accordingly and as needed.
  • Michael Gorka thanked the board for their involvement and pushing for the next phase of the North End Water District to help get potable water to the residents of the Town.
  • Several residents had questions regarding the debt service for the district. Supervisor Pacos and Councilwoman Eckman addressed this by stating the town is doing everything they can to apply for funds from multiple sources to help keep the cost down to the residents. They ensured the audience they are moving forward and working diligently to keep everything moving along.
  • Jim Joy commented on the current agreement with the Village of Fredonia and the clause about agriculture use of water. He asked the board to please consider negotiating an amendment to allow for farmers to use municipal water for cleaning of equipment and watering the livestock.
  • Larry Ludemann asked if the board was ready with all necessary paperwork for Phase III to continue shortly after the completion of Phase II. The Supervisor responded the board is looking to act on Phase III this time next year to go for funding. The engineering report is already started.
With no further public comments, a motion made by Councilman Schaeffer, seconded by Councilman Sedota, to close the public hearing at 6:00 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

September 7, 2022 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at 6:00P.M. September 7, 2022 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

ABSENT:                               Brett Christy


Supervisor Pacos
  • Councilman Sedota made a motion to adopt the following resolution. The motion was seconded by Councilman Schaeffer and carried by a roll call vote.
ROLL CALLL:
Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilwoman Eckman: AYE
Councilman Christy: Absent
WHEREAS, the Town Board has proposed improvements for the Town of Pomfret North End Water District, including the installation of approximately 140,000 linear feet of 4-inch and 8-inch water mains (including two booster pump stations and two water storage tanks) along portions of Wilber Road, Van Buren Road, Farel Road, Berry Road, North Road, Lowell Road, Lamberton Road, Adams Road, Webster Road, Ellicott Road, Harmon Hill Road, Walden Road, Christy Road, Straight Road, Route 60, Route 83, Brainard Road, Fredonia Stockton Road, Spoden Road, and Shumla road to serve approximately 300 properties; and
WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board of Pomfret intends to serve as Lead Agency for SEQRA review of this Type 1 Action and will determine if the proposed action will have a significant effect on the environment; and
WHEREAS, the Lead Agency will undertake a coordinated review of this proposed action.;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby designates its intention to serve as Lead Agency for the proposed action and will circulate Lead Agency Notice along with Part 1 of the Long Form Environmental Assessment Form and any other supporting documentation to all involved agencies. These agencies shall be given 30 days from the mailing of the Lead Agency Notice to consent. Interested Agencies will be given notice, but not required to consent pursuant to 6 NYCRR Part 617.6.
 
  • Councilwoman Eckman made a motion to adopt the following resolution. The motion was 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 Board has engaged CPL Engineers, Licensed Engineers in the State of New York to prepare a map, plan and report, which report the Board has reviewed, and
            WHEREAS, the improvement of the facilities in the North End Water District-No. 7, Phase 2 calls for the installation of approximately Sixty-Three Thousand, Six Hundred, Seventy-Five (63,675) lineal feet of Eight (8) and Four (4) inch water main, water booster pump station, and includes lands and rights in lands, furnishings, equipment, machinery, and apparatus, but will provide public water to an area that is dependent upon well water at the current time, 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 of 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;
            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 North End Water District, Water District No. 7-Phase 2 in the Town of Pomfret, and be it further
            RESOLVED that the Supervisor and Clerk are authorized to execute any and all necessary documents issuing a negative declaration, and filing and serving same in accordance with law. 
 
  • Councilman Schaeffer made a motion to adopt the following resolution, 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
Councilman Christy: Absent
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 2 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 a public hearing thereon, and caused notice of same of such hearing to be published and posted in the manner provided in Section 193 of the Town Law of the State of New York, describing in general terms the proposed improvements, consisting of the installation of approximately 63,675 lineal feet of eight and four (8 and 4) inch water main and a water booster pump station, 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 August, 2022, and have estimated the maximum cost thereof to be expended, Eight Million, Four Hundred, Six Thousand ($8,406,000.00) 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 September 7, 2022 at 5:30 p.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 Eight Million, Four Hundred, Six Thousand ($8,406,000.00) 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 the evidence given at the Public Hearing described herein, it is hereby determined and ORDERED as follows:
            1.  The Notice of the Public Hearing described in the preamble hereof was posted and published as required by law, and is in all respects satisfactory;
            2.  The construction of the improvements herein described is in the public interest;
            3.  Prior to soliciting competitive bids relative to the construction of these improvements, the Town’s engineer is hereby directed to prepare definitive plans and specifications, and to make a careful estimate of the expense of the improvements, and with the assistance of the Town Attorney, to prepare a proposed contract for the execution of the improvements and increase of facilities, and it is further
            ORDERED that the facilities of the district shall be so increased and improved at a cost not to exceed Eight Million, Four Hundred, Six Thousand Dollars ($8,406,000.00), the amount stated in the Notice of Hearing as the maximum cost of the increase and improvement of the facilities to be expended; and it is further
            ORDERED that the expense of said increase 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 – 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 improvement of facilities may be offset by any grants received from 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 Three Million, Four Hundred Thousand ($3,400,000.00) Dollars, and it is further
            ORDERED that the Town Board, in the name of the District, may accept all grants in aid from State and Federal agencies for the cost of said improvements, and may finance all or part of the balance not to exceed Three Million, Four Hundred Thousand ($3,400,000.00) Dollars 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.
 
  • Councilwoman Eckman made a motion to adopt for 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
Councilman Christy: Absent
A BOND RESOLUTION, dated SEPTEMBER 7, 2022, 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 2) AT AN ESTIMATED MAXIMUM cost OF $8,406,000 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 $3,400,000 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 2” 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 2) that will generally consist of (but not be limited to), the installation of approximately 63,675 linear feet of water main and a water booster pump station, 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 $8,406,000.
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 $3,400,000 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 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.

DULY MOVED by Councilman Sedota to adjourn the Special Meeting of the Town Board, seconded by Councilman Schaeffer and carried unanimously. Time: 6:06P.M.


Respectfully Submitted,
           
Allison Vento
Town Clerk
 

August 24, 2022 Special Meeting Minutes

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00 P.M. August 24, 2022 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

ABSENT:                               Brett Christy

The Pledge of Allegiance was led by Supervisor Pacos to begin the Special Meeting of the Pomfret Town Board.

The purpose of this Special Meeting is for the Town Board to accept the map, plan, and report for Phase II of the North End Water District and schedule a Public Hearing for the North End Water District Phase II and any other lawful business before the board.

Supervisor Pacos
  • Councilwoman Eckman made a motion to accept the final Map, Plan, and Report from Clark Patterson Lee for the North End Water District, Phase II. The motion was seconded by Councilman Sedota and carried unanimously. 
  • Councilman Sedota made a motion to schedule a Public Hearing for September 7, 2022 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia for the purpose of the North End Water District Phase II. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to schedule a Special Meeting of the Pomfret Town Board for the purpose of the North End Water District and any other lawful business before the board for September 7, 2022 at 5:45P.M. at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilman Schaeffer to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:24P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

August 10, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. August 10, 2022 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
                                                Christopher Schaeffer
                                                Ann Eckman

ABSENT:                               Brett Christy

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 13, 2022 Public Hearing Minutes. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the  
July 13, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #8 of 2022 with two additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Fund             Voucher #                   To                                Amount
General         48906              Ingalls Planning&Design        $8,333.34
General         48905              NYSTCA                                $40.00

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

General Fund Town Wide      $81,713.54
General Fund Part Town        $9,630.33
Highway Fund Part Town       $124,783.02
Berry Water District               $6,378.39
Chestnut Water District          $2,368.74
North End Water District        $38,615.75
Sewer District One                 $1,392.56
Sewer District Two                 $1,053.61
Rt. 20 Water District               $27.32
Rt. 20 Sewer District              $35.15
Rt. 60 Water District               $2,113.32
Rt. 60 Sewer District              $2,718.24
Lily Dale Sewer District         $7,871.14
Lily Dale Water District         $20,144.35
Lakeview Sewer District        $132.84
Capital Projects                       $5,020.74




DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #28 of 2022 in the amount of $121,353.16 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE


 TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the July 2022 report of monies collected. A total of $8,228.55 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for July 2022 is as follows:
Justice Dietzen Total Cases: 157
                        Total Fine & Surcharges: $9,330.00
                        Cases dismissed: 31   

                        Justice Cerrie Total Cases: 190
                        Total Fine & Surcharges: $10,891.00
                        Cases dismissed: 38
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Code Enforcement Officer, Warren Kelly, has submitted his monthly report and is on file with the Clerk.
  • The Pomfret Town Hall, 9 Day Street, will be closed Friday, August 26, 2022 because of the Fredonia Farm Festival. All Town of Pomfret Offices and Buildings were bill closed Monday, September 5, 2022 in observance of Labor Day

AUDIENCE CONCERNS
  • Andy Martin, Ingalls Planning & Design, updated the board on the joint Comprehensive Plan. He stated the draft plan has been distributed to the Pomfret Town Board and Village of Fredonia Board. He has requested any edits and/or comments be submitted in a timely fashion to finalize the plan and have both boards conduct a public hearing prior to adopting. He commended both boards for their hard work and commitment in putting this joint municipality document together.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The July work report was distributed.
  • The Highway Department will be paving Christy Road on August 15, 2022.
  • The department is finishing patching and sealing for the year.
  • Councilman Schaeffer made a motion, seconded by Councilwoman Eckman to approve the Highway Superintendent to go out to bid for materials for the salt barn with sealed bids to be returned to the Town Clerk’s Office, 9 Day Street, Fredonia by Monday, September 12, 2022 by 4:00P.M. The motion carried unanimously.

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the contract with Municipal Solutions for the North End Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $6,400 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
 
  • Councilman Schaeffer made a motion to approve the contract with Municipal Solutions for the Chestnut Road Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $1,800 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilwoman Eckman and carried unanimously.
 
  • Councilman Sedota made a motion to approve the contract with Municipal Solutions for the Berry Road Water District application for the WIIA grant, Application for Funding to the Drinking Water State Revolving Fund, Preparation of an Application through RDApply, Fiscal Services, Conflicts of Interest and other required disclosures and miscellaneous and at a cost not to exceed $1,800 and fiscal services to be billed at a rate of $155 per hour. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret engaged Clark Patterson Lee to complete an engineering report for the Town’s North End Water distribution system identifying the current water distribution system’s shortcomings, the proposed infrastructure improvement necessary to improve the distribution system’s performance, and the projected cost for residents of the Town; and
WHEREAS, affordability for the Town residents and property owners is a significant concern in advancement of the proposed projects; and
WHEREAS, the Town is eligible for Clean Water State Revolving Loan and Grant funding and the Town’s desire to submit a competitive application to obtain WIIA funding to assist in the making the projects economically viable to the Town’s sewer and water users;
NOW THEREFORE, be it RESOLVED as follows
The Town Board authorizes Municipal Solutions, Inc. to prepare an application for Water Infrastructure Improvement Act (WIIA) grant funds from the NYS Environmental Facilities Corporation (EFC) for both Clean Water and Drinking Water program funding consideration. The Town Board authorizes Daniel Pacos and Allison Vento in her role as Town Clerk, to execute the application and any necessary supporting document required to apply for Water Infrastructure Improvement Act grant funds from the NYS Environmental Facilities Corporation (EFC). This resolution shall take effect immediately.
  • Councilman Schaeffer made a motion to schedule a Public Hearing for September 14,2022 at 6:15P.M. for the purpose of the proposed Local Law, Cannabis Rules and Regulations at Pomfret Town Hall, 9 Day Street, Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the following resolution. The motion was seconded by Supervisor Pacos and carried by a roll call vote.
WHEREAS the State Comptroller’s Office states in General Municipal Law §5 and §5-b that this responsibility of the Town Clerk needs to be stated in a resolution to accept such payments for all services offered at the Town Clerks office including Tax Collection, and

WHEREAS the Pomfret Town Clerk has requested such a Resolution of authorization from the Pomfret Town Board,

NOW, THEREFORE, BE IT RESOLVED, that the Pomfret Town Board authorizes the Pomfret Town Clerk/Tax Collector to accept credit card payments as part of our local tax collection system and town clerk system, which payments would include a Consumer Convenience Fee, and

FURTHER RESOLVED that the Town Clerk/Tax Collector be authorized to enter into a contract with Forte for the Town Clerk/Tax Collector to handle credit card transactions on behalf of the Town of Pomfret, and

RESOLVED, that the Town of Pomfret Town Board does hereby authorize the Town Clerk to develop and administer internal procedures covering the acceptance of credit cards and debit cards and to administer said payment solutions though the Town’s authorized banking services, and;

BE IT SO RESOLVED; DULY ADOPTED, this 10th day of August, 2022 by the following roll call vote:

Supervisor Pacos: AYE
Councilman Sedota: AYE
Councilman Schaeffer: AYE
Councilman Christy: Absent
Councilwoman Eckman: AYE
  • The Pomfret Town Board has been made aware there will be a future vacancy for the Assessor Clerk position as Kathleen Ludemann has expressed her intent to retire by December 1, 2022.
  • Supervisor Pacos made a motion to authorize the advertisement of a part-time Assessor Clerk, 20 hours minimum per week at a rate of pay to be established. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to approve the request from Celea Cole Chapter of the Daughters of 1812 for the use of Forest Hill Cemetery on September 11, 2022 to conduct a proper ceremony to place an 1812 grave Marker at plot E/30 Memorial ID15739794 while in compliance with all of Pomfret Cemetery Rules and Regulations. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town Board has been received a copy of a letter from Chautauqua County Agricultural & Farmland Protection Board for their final notice of intent to undertake an action within the Ag. District, Pomfret II PV, LLC’s Pomfret II Solar Project in the Town. The letter states it is waiting on the decommissioning plan. The letter is on file with the Clerk’s Office.
  • Councilman Schaeffer made a motion to authorize the Supervisor to enter into an agreement with National Gird for the LED Street Lighting upgrade at a cost not to exceed $13,500.78. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Town of Pomfret will have representation at the Public Hearing being conducted by the Village of Fredonia for the change in their water/sewer rates.
  • Eric Weis, Clark Patterson Lee, has given the board two options for the Phase II of the North End Water District. The board feels it is more cost effective for Pomfret residents to seek funding for installation of 64,000 LF of 8” water main serving approximately 134 residents, and then apply the following year for installation of 75,500 LF of 8” water main serving approximately 158 service connections. The board will inform Clark Patterson Lee with their decision for a final map, plan, and report to keep the project moving forward.
  • Supervisor Pacos was informed by Lily Dale residents of a contractor who scammed them out of money while putting in water lines for the Lily Dale Water District. The residents went to court and the court ruled in their favor for reimbursement by the contractor.

COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota attended the Cannabis meeting with the Village of Fredonia. He stated it was very informational and will be attending the October meeting at a date to be determined.

COUNCILMAN SCHAEFFER
  • Councilman Schaeffer attended the Fredonia Chamber meeting. The Chamber will be holding a ‘Village Beautification’ contest for both residents and businesses. Voters can choose their favorite on their Facebook Page. The Chamber is also updating the Visitor Center in Barker Commons. The ‘Hops and Pops’ event will be held September 15, 2022 from 5-7:00P.M. at the Clarion Hotel, Dunkirk. All are welcome to attend.
  • The Darwin R. Barker Library will be holding their picnic August 23, 2022 at the Russel Joy Lower Pavilion.
  • The Fredonia Opera House has made repairs and upgrades to the front entrance and the concession area. They are holding a BBQ and Bake Sale fundraiser on September 17, 2022.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to amend the Cemetery Rules and Regulations to include any plantings which extend beyond one foot from the marker or in the maintenance walkway, will be marked with a flag stating the plantings are in violation of the cemetery rules. After one month, any unmodified grave displays will be considered abandoned and removed. The Town of Pomfret will not retain any items not in compliance with the cemetery rules and regulations. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Festivals Fredonia will be holding their annual Farm Festival the weekend of August 26-28, 2022 in Barker Commons. This year’s festival will include a 5k run.
  • The Festivals Fredonia will hold their annual Red, White, & Blues festival September 9-10th, 2022, also in Barker Commons.

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro informed the board the Assessor’s office has one Article 7 for tax assessment grievance.
DULY MOVED by Councilwoman Eckman to adjourn the Pomfret Town Board Regular meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:58P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

July 13, 2022-Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, July 13, 2022 at 6:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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


Town Clerk Vento provided proof of posting and publishing.
The Pomfret Town Board has received the referral from the Chautauqua County Department of Planning and Development, stating this is a matter of local concern.

The purpose of the Public Hearing is to hear comments from the public regarding the Special Use Permit submitted by R. Chadwick Land Holdings LLC/Saturn Power for a proposed solar photovoltaic generation facility with a name place capacity of 5 MW/6.5 MWde solar generation array to be located on property owned by R. Chadwick Land Holdings LLC at 5208 Awest Main Rd., SBL 128.00-2-59. The proposed project has approximately 9,900 solar PV Modules and 20 Inverters connected to two separate transformers.

Adam Rowles and Meredith Moore, Saturn Power were present to describe the proposed project to the Town Board.

The plans submitted have changed slightly because of the newly adopted setbacks by the Town Board, a setback waiver agreement was needed and has been approved by the homeowner whose property the setback encroaches.

Audience Comments:
-None

Town Board Comments:
  • Supervisor Pacos asked Mr. Rowles what has changed with the plans. Mr. Rowles stated the photo simulation shows the tree coverings closer to the road. They brought the screening closer to the road to provide more coverage.

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilman Schaeffer, to close the public hearing at 6:23 P.M. The motion was carried unanimously.

Respectfully Submitted,


Allison Vento
Pomfret Town Clerk
 

July 13, 2022 Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 13, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                    Supervisor Daniel Pacos
                    Town Clerk Allison Vento
                   Town Attorney Jeffrey Passafaro
PRESENT:                             
                                                                                               
COUNCILPERSONS:      John Sedota
                                        Ann Eckman
                                        Brett Christy
                                       Christopher Schaeffer

ABSENT:          Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the June 08, 2022 Public Hearing Minutes- Proposed Local Law- Solar Amendments. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the June 08, 2022 Public Hearing-Zoning Definition. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the June 08, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2022. 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
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $36,152.78
General Fund Part Town        $21,436.56
Highway Fund Part Town       $163,443.19
Berry Water District               $58.45
Chestnut Water District          $35.50
North End Water District        $233.49
Van Buren Water District       $358.75
Lily Dale Sewer District         $767.04
Capital Projects                       $38,018.82
Lily Dale Water District         $985.57
Pomfret Fire Protection          $62,795.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #27 of 2022 in the amount of $ 235,714.90 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE



TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the June 2022 report of monies received. A total of $ 9,264.00 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for June 2022 is as follows:
Justice Dietzen Total Cases: 121
                        Total Fine & Surcharges: $ 8,347.00
                        Cases dismissed:    31

                        Justice Cerrie Total Cases: 73
                        Total Fine & Surcharges: $ 5,743.00
                        Cases dismissed:         21
  • 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.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The June work report was distributed.

AUDIENCE CONCERNS
  • Mary Webster, Van Buren Point resident, again stated her concerns with traffic at the Rt. 5/Van Buren Rd. intersection with the proposed zoning changes. The board reminded Ms. Webster that this is a matter for the NYS DOT as it is a state road in that area.
  • Linda Warner, Pomfret resident has submitted a letter for the record in which she sent to the NYS DOT. She has asked the board for their continued support in a traffic study to reduce the speed at the Rt.5/Van Buren Rd. intersection. The board confirmed their continued support.
  • Raymond Lewandowski, Pomfret resident, addressed the board concerning stolen potted flowers at the Webster Road Cemetery. He stated this has happened multiple times. He also addressed the excessive dog walking in the Forest Hill Cemetery after hours. The board assured him it is not allowed and there are signs placed stating ‘No Dogs Allowed’ in cemetery. In regards to the zoning changes, Mr. Lewandowski stated he is not opposed to these changes.
  • Anna Santiago, asked the board what is allowed on a proposed property she is looking to purchase in Van Buren with the proposed zoning changes. She as advised to speak with Mr. Warren Kelly, Code Enforcement Officer, when there is more specific plans in place.
  • A resident asked the board for clarification in regards to a ‘marina’ existing in Van Buren. Supervisor Pacos stated there is no ‘marina,’ but a ‘boat launch’ within that area.
SUPERVISOR PACOS
Councilman Sedota made a motion to declare a negative declaration for the proposed local law before the town board-Local Law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District. The motion was seconded by Councilwoman Eckman and carried unanimously.

Supervisor Pacos made a motion to approve the proposed Local Law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District. The motion was seconded by Councilman Christy and carried unanimously.

Section 1 – Intent:   The Town Board of the Town of Pomfret, upon review of the code provisions for Neighborhood Business (B-1) District by the Planning Board of the Town of Pomfret has determined that certain amendments to uses and requirements would be beneficial to enact.

Section 2 – Authority: The Town Board in enacting this Local Law does hereby exercise
the authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, Municipal Home Rule Laws of the State of New York to preserve and protect the health, safety, welfare, and well-being of residents and properties in the Town of Pomfret.

Section 3 – New Section 300-15:
A.  Purpose: 
The purpose of the B1 District is to promote retail and service uses which are vehicle oriented for the use of residents and visitors.  At the same time, a major goal is to protect and enhance the community by encouraging aesthetically appealing business with safe ingress and egress and limiting strip development.  NOTE:  Uses marked with an asterisk (*) are allowed by two or more types of permits (by right, special use or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit applies.

B - Uses by Right (permit required):
Single family dwelling – detached (conventional, prefab, modular)
Duplex – attached
Agricultural building
Utilities (quasi-public) (e.g., telephone)
Municipal Office
Limited day care – Four or less persons
Public Park
Fishing tackle shop
Garage – accessory
Parking – commercial lot – in accordance with 300-48
Storage structure – in accordance with 300-69
Porch/deck

 C - Use by special use permit (hearing required)
Boarding homes/bed-and-breakfast – in accordance with 300-74
Homes for the aged
Customary accessory use
Nursing home/rest home
Multiple dwelling – attached – in accordance with 300-44
Household sale – in accordance with 300-43
Antique Shop 
Bakery Shop 
Drugstore
Florist shop 
Corner Grocery store 
Gift shop 
Monument sales
Newsstand
Service Station – gas sales – in accordance with 300-81
*Signs – in accordance with 300-50
Feed and Seed shop  
Hardware/glass/paint store
Professional office – in accordance with 300-75
Photography studio
Funeral Home
Realty Office Dry-Cleaning shop
Barber/beauty shop
Restaurant – in accordance with 300-77
Bar
Locksmith shop
Custom workshop
Appliance repair shop
*Home Occupation – in accordance with 300-42
School – public/private
Day-care center – over five persons – in accordance with 300-67
Library/museum/gallery – public
Church /rectory
Fraternal meeting facility
Tennis Court – private (accessory to dwelling)
Tennis court – public/commercial
Swimming pool – public/commercial
*Fences and walls – in accordance with 300-51
EV service equipment (charging stations)
Drive- In Theater
Mixed residential/commercial – in accordance with 33-39
Nursery/greenhouse - commercial
Roadside stand general in accordance with 300-44
Pet store
Plumbing/heating shop
Gasoline/volatile fuel tank - back yard only

DUses requiring no permit (requires compliance with
chapter)
Agricultural land use
Horticulture – private
Roadside Stand – limited – in accordance with 300-44
*Household sale – in accordance with 300-43
*Home Occupation – in accordance with 300-42
Wildlife habitat
Ponds – in accordance with 300-46
Outdoor storage of recreational vehicle – in accordance with 300-68
Parking – private – in accordance with 300-48
*Fences/walls – in accordance with 300-51
Heavy vehicle parking – in accordance with 300-57

 E.  Area Standards.  See the following sections:  300-24,
Existing substandard sized lots, and 300-28, Established front yards, and municipal water and sewer.


Neighborhood Business (B1) District ______________________________________________________________________________
Primary Use                Accessory Use
Single-family units_____________________________________________________________                           
Minimum Lot size (sq ft)                                     
15,000                                     --                                                  
Minimum front lot width (in feet)                                            100                                      --                                                   
Maximum lot coverage (% of lot area)                                30%                                    --                                                  
Minimum front yard (ft from street edge)                                   40                                      40                                                
Minimum side yard (feet from property line)                      10                                      10                                               
Minimum rear yard (feet from property line)      
               25                                      25                                               
Maximum structure height (number of stories)  
               2 ½                                     2 ½                                               Minimum floor space (sq ft of living space)                      760                                      --                                                 


Multiple-family units (standard)____________________________________________________               Minimum lot size (base+sq ft per unit)                        
       15,000 + 10,000                      --                                               
Minimum front lot width (base + ft per unit)                   
 100 + 10                                  --                                              
Maximum lot coverage (% of lot area)                          
        30%                                --                                                
Minimum front yard (feet from street edge)                         
         40                                   40                                           
Minimum side yard (base + feet per unit)                         
    10 + 1                          10 + 1                                     
Minimum rear yard (feet from property line)                         25                                   25                                             Maximum structure height (number of stories)                   
  2 ½                               21/2
Minimum floor space (sq ft of living space)                        760                                 760                                          


Multiple-family units (elderly)_____________________________________________________                         
Minimum lot size (base + sq ft per unit)                            
15,000 + 10,000                        --                                           
Minimum front lot width (base + feet per
unit)                     100 + 10                            --                                            Maximum lot coverage (% of lot area)  30%      --                                           
Minimum front yard (feet from street edge)                                    40                                    40                                          
Minimum side yard (base + feet per unit)                            
10 + 1                         10 + 1                                  
Minimum rear yard (feet from property line)                          25                                   25                                       
Maximum structure height (number of stories)  2 ½           2 ½                                   
Minimum floor space (sq ft of living space)                            600                                  --


Other uses (nonresidential)______________________________________________________Minimum lot size (in square feet) 15,000                                     --                                                                                  
Minimum front lot width (in feet)                                                100                                     --
Maximum lot coverage (% of lot area)  30%       
Minimum front yard (feet from street edge)                                   40                                       40                                        
Minimum side yard (feet from property line) 
10                                       10                                         
Minimum rear yard (feet from property line)                       25                                       25                                      Maximum structure height (number of stories) 
2 ½                                   2 ½                         
Minimum floor space (square feet)   --                       --                                                                                                                


Notwithstanding anything to the contrary, no commercial or retail structure shall exceed 1500 square feet in size.
                                                                                              
Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:     This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilwoman Eckman made a motion to authorize the Supervisor to declare a negative declaration in regards to SEQR for the proposed local law- amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled: ‘Zoning Law of the Town of Pomfret’, and amending Local Law No. 2 of 2014 adopting the Code of the Town of Pomfret. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion to approve the proposed local law, amending Local Law No. 2 of the year 1995 of the Town of Pomfret, entitled: ‘Zoning Law of the Town of Pomfret’ and amending Local Law No. 2 of 2014 adopting the Code of the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
Section 1 – Intent: The Town Board of the Town of Pomfret does desire to create and define a (B-1) Neighborhood Business District in accordance with Section 300-15.  This new zoning district determination is made by the Town Board upon review and recommendation of the Planning Board of the Town of Pomfret.
 
Section 2 – Authority:The Town Board in enacting this Local Law is exercising Authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, and Municipal Home Rule Laws of the State of New York to enact provisions providing for the health, safety, welfare, and use of property and protection of property as provided therein.  Further, it is the intention of the Town Board to exercise the authority granted to it under Article 3 of the Pomfret Code, Section 300-7 and 300-8 to amend the definition of Zoning Districts and Zoning Map in the Town of Pomfret for this newly formed and defined Neighborhood Business (B-1) District.


Section 3 – Boundaries of Neighborhood Business (B-1) District:
That part of the Town of Pomfret to the North of New York State Route 5, commencing at the intersection of New York State Route 5 and Van Buren Bay Drive, running thence West along New York State Route 5 to the Town of Pomfret-Town of Portland boundary line to a depth of 100 feet from the northerly bounds of New York State Route 5 right-of-way. 

On the south side of New York State Route 5, commencing at the boundary line of the Town of Dunkirk-Town of Pomfret, running thence west New York State Route 5 to the Town of Pomfret-Town of Portland boundary line, to a depth of 100 feet from the southerly bounds of New York State Route 5 right-of-way.

The premises found within this newly created district were formerly zoned R-3 Lakeside Residential; the District is now and shall henceforth be regulated as provided in B-1 Neighborhood Business District.

Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail.
Section 7– Effective Date:    This Local Law shall be effective immediately upon filing with the Secretary of State.
 
  • Councilman Sedota made a motion to authorize the use of Fredonia Highschool Students for unpaid internships with no authorization to use motorized equipment or vehicles for work deemed necessary for Pomfret Department Heads. The motion was seconded by Councilwoman Eckman and carried unanimously.
 
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the Town of Pomfret has received an application from Pomfret II PV, LLC for a Special Use Permit for the construction and operation of a large solar farm located at 10026 Farel Road, Fredonia, SBL: 112.00-3-63, on property owned by A. Sam Farms, Inc. (the ‘Project’); and
WHEREAS, the Project application was referred to the Chautauqua County Planning Department and the subject of a duly noticed Public Hearing, and thereafter approved by the Town Board with conditions; and
WHEREAS, the County of Chautauqua Industrial Development Agency, acting as lead agency under the State Environment Quality Review Ct, has issued a Negative Declaration for the Project;
NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Pomfret as follows:
The approval of the Special Use Permit for the project granted on April 13, 2022, is hereby ratified. Said approval is based on the plan submitted and conditioned on the requirement that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. That the Town Board approved the special use permit prior to the adoption of recent changes to the Town’s Solar Energy Equipment and Systems Law Regulations, and therefore Town Board hereby declares that the Project is subject to the requirements of Local Law No. 2 of the year 2016. This resolution is effective immediately.
  • Councilman Christy made a motion to approve the following resolution. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret has received an application from Pomfret PV, LLC for a Special Use Permit for the construction and operation of a large solar farm located at 4545 Van Buren Road, Fredonia; and
WHEREAS, the Project application was referred to the Chautauqua County Planning Department and the subject of a duly noticed Public Hearing and thereafter approved by the Town Board with conditions; and
WHEREAS, the County of Chautauqua Industrial Development Agency, acting as lead agency under the State Environmental Quality Review Act, has issued a Negative Declaration for the Project; and
NOW THEREFORE BE IT RESOLVED by the Town Board of the Town of Pomfret as follows:
The approval of the Special Use Permit for the Project granted on October 13, 2021 is hereby ratified. Said approval is based on the revised plan submitted on record of the public hearing and conditioned on the requirement that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. That the Town Board approved the Special Use Permit prior to the adoption of recent changes to the Town’s Solar Energy Equipment and Systems Law Regulations and therefore Town Board here by declares that the Project is subject to the requirements of Local Law No. 2 of the year 2016. This Resolution is effective immediately.
  • A motion made by Councilman Schaeffer to approve the water request for a residential hook up through the North End Water District for property located at 10242 McAllister Road, Fredonia, owned by Steven Glasier, SBL: 114.09-1-20 with approval already authorized from the Village of Fredonia Board. The motion was seconded by Councilman Sedota and carried unanimously.
  • A motion made by Councilman Sedota authorize the Supervisor to sign the Host Community Agreement with the Town of Pomfret and Rak 2 Solar, LLC in connection with the PILOT agreement. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to amend the 2022 Organizational Meeting Minutes to reflect the new IRS increase in the mileage rate, effective, July 1, 2022 to $.625 per mile. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion, having held a public hearing, reviewed the EAF and the Code Enforcement Officers recommendation to move forward, the Supervisor is authorized to execute a negative declaration under SEQR in regards to the proposed solar project located at 5208 West Main Rd., Fredonia. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilman Christy made a motion to approve the final plan for the proposed solar project located at 5208 West Main Rd., Fredonia which shows non- compliance with the setback requirements under the Town of Pomfret local law and with good cause shown at the Public Hearing and recognizing there has been an adjacent property owner waiver and consent, the board authorizes a waiver of the strict application setback as shown on the final plan of the project. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the Special Use Permit submitted by R. Chadwick Land Holdings LLC, in compliance with the revised plans submitted June 14, 2022, and recognizing the County Department of Planning and Development considerations of response for the solar project located at 5208 West Main Rd., Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Eric Weiss, Clark Patterson Lee, presented to the board funding options for future water projects within the Town of Pomfret and their opinion on the repair of the Pioneer Cemetery Wall. After discussion, the board has agreed to move forward with Phase II of the North End Water District and recognition the cemetery wall should be rebuilt rather than pointed/repaired.
  • Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Sedota and carried.
WHEREAS, the Town Board has proposed improvements for the Town of Pomfret North End Water District, including the installation of approximately 140,000 linear feet of 4-inch and 8-inch water mains (including two booster pump stations and two water storage tanks) along portions of Wilber Road, Van Buren Road, Farel Road, Berry Road, North Road, Lowell Road, Lamberton Road, Adams Road, Webster Road, Ellicott Road, Harmon Hill Road, Walden Road, Christy Road, Straight Road, Route 60, Route 83, Brainard Road, Fredonia Stockton Road, Spoden Road, and Shumla Road to serve approximately 300 properties; and
WHEREAS, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the Town Board of the Town of Pomfret intends to serve as Lead Agency for SEQRA review of this Type 1 action and will determine if the proposed action will have significant effect on the environment; and
WHEREAS, the Lead Agency will undertake a coordinated review of this proposed action;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby designates its intention to serve as Lead Agency for the proposed action and will circulate Lead Agency Notice along with Part 1 of the Long Form Environmental Assessment Form and any other supporting documentation to all Involved Agencies. These agencies shall be given 30 days from the mailing of the Lead Agency Notice to consent. Interested Agencies will be given notice, but not required to consent pursuant to 6 NYCRR part 617.6.
 
  • Councilwoman Eckman made a motion to approve the Standard Work Day and Reporting Resolution for Elected and Appointed Officials as follows. The motion was seconded by Councilman Christy and carried unanimously.
Elected
Name                          Title                Current Term            Record of Activities Result
Daniel Pacos      Supervisor       1/1/22-12/31/25                       8.37
Allison Vento      Town Clerk     1/1/22-12/31/25                       26.17
Jude Gardner      Highway Sup. 1/1/22-12/31/25                       21.96
Nancy Dietzen     Justice             1/1/20-12/31/23                       5.25
Christopher Schaeffer Councilman  1/1/21-12/31/24                       .76
John Sedota    Councilman     1/1/20-12/31/23        .17
Michael Cerrie  Justice        1/1/21-13/31/24   No report submitted

Appointed
Name                          Title                Current Term            Record of Activities Result
Jeanne Ebersole          Assessor          7/1/21-9/30/25             22.86
 
  • The Board discussed the proposed legislation regarding cannabis dispensaries. The board has expressed their wishes to the Town Attorney, who will put into final form and present at the August meeting.
  • The Town will be receiving their second payment of ARPA money this summer in the amount of $181,691.75.
  • There will be a presentation on the joint comprehensive plan at the August Meeting by Ingalls Planning and Design.
  • The Chautauqua County IDA will be holding a meeting July 26, 2022 at 10:00A.M. at the SUNY Incubator, 214 Central Ave., Dunkirk for the application of SL Fredonia, LLC deviation from uniform tax exemption policy and guidelines.
  • The Chautauqua County IDA will be holding a Public Hearing, July 19, 2022 at 11:00A.M. at Pomfret Town Hall for the purpose of the public to provide their views on the PILOT program for SL Fredonia, LLC.
  • The Town of Pomfret hosted a community meeting for the Chautauqua County Hazard Mitigation Plan. Supervisor Pacos expressed this meeting went very well.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Schaeffer made a motion to approve the Professional Service Agreement with L2 Engineering for the Lily Dale Wastewater Treatment Plant System-Second Pump Station at a cost not to exceed $2,800.00 with additional tasks, with pre-approval, will be charged a rate of $135.00 per hour. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the solicitation of bids for the replacement of the secondary pumps at the Lily Dale Waste Water Treatment plant, including piping, appurtenances, control panel and control valve. All bids are to be received by the Town of Pomfret Town Clerk by August 5, 2022 at the end of the business day. The motion was seconded by Councilman Sedota and carried unanimously.
COUNCILMAN SEDOTA
  • Councilman Sedota attended the Lily Dale Ice Cream Social to kick off their season.
  • Mr. Sedota will be attending the cannabis meeting with the Village of Fredonia on August 9, 2022.
COUNCILMAN SCHAEFFER
  • Councilman Schaeffer commended Highway Superintendent Gardner and his team for their great work on oil and stoning local roads.
COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to approve the following hires for the Pomfret-Fredonia Summer Recreation Program. The motion was seconded by Councilman Christy and carried unanimously.
Matthew Linder  Ventura Circle  Playground Attendant            Min. Wage
Caleb Crampton Birchwood Dr. Per Diem, Playground Att.     Min. Wage
 
  • Councilwomen Eckman has updated the board with the Round-a-bout. Colleen Yerico, Yerico Farms, will help with the clean up of the circle and current vegetation. This will commence once Mrs. Eckman has the appropriate permits from the State to enter and do work in the center of the Round-a-bout.
  • The Fredonia Chamber of Commerce would like to have representation from the Town of Pomfret. Mrs. Eckman asked the representation of attending meetings be split between Councilman Schaeffer and Councilman Sedota in the future.
DULY MOVED by Supervisor Pacos to adjourn the Regular Town Board Meeting, and enter into Executive Session for the purpose of possible litigation, legal matters, and personnel history within a department with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:06 P.M.

DULY MOVED by Councilwoman Eckman to exit Executive Session and enter into Regular Session of the Pomfret Town Board Meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:48P.M.

DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilman Schaeffer and carried unanimously at 8:49 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

June 8, 2022-Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:42 P.M. June 8, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
                      Supervisor Daniel Pacos
                      Deputy Town Clerk Ann Renckens
                       Town Attorney Jeffrey Passafaro
PRESENT:                             
                                                                                               
COUNCILPERSONS:           John Sedota
                                             Ann Eckman
                                             Brett Christy
                                            Christopher Schaeffer

ABSENT:              Town Clerk Allison Vento
                             Highway Superintendent Jude Gardner

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the May 11, 2022 Regular Town Board Meeting. The motion was seconded by Council Sedota and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #6 of 2022. The motion was seconded by Councilman Christy and carried by a roll call vote.

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

General Fund Town Wide      $11,304.97
General Fund Part Town        $398.15
Highway Fund Part Town       $65,503.27
Berry Water District               $5,711.65
Chestnut Water District          $1,782.57
North End Water District        $22,591.31
VB Water District                   $330.48
Lakeview Sewer                     $78.97
Lily Dale Sewer District         $552.22
Rt. 20 Water District               $31.19
Rt. 20 Sewer District              $40.12
Rt. 60 Water District               $2,013.74
Rt. 60 Sewer District              $2,590.16
Sewer 1                                   $1,298.68
Sewer 2                                   $1,007.70
Capital Projects                       $487,067.84


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #26 of 2022 in the amount of $133,601.76 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE

DULY MOVED by Councilman Sedota to approve the following Budget Transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.
General Fund Townwide
$1,388             FROM             A8810.4          Cemetery Contractual
                        TO                   A8810.2          Cemetery Equipment
            For purchase of zero-turn mower



DULY MOVED by Councilman Sedota to approve the following Budget Transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.

General Fund Outside Village
$2,540             FROM             B3620.11        Safety Inspection Deputy
                        TO                   B3620.1          Safety Inspection Personal Services
For increase in work hours of inspection officer-10 additional hours per week for 12 weeks

DULY MOVED by Councilman Sedota to approve the following Budget Transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.

Highway Fund Outside Village
Budget Modification

Modify 2022 adopted budget by increasing Revenue Account DB3501 CHIPS Funding by $285,087 and by Increasing Expenditure Account DB5112.2 Improvements Capital Outlay by $285,087

For 2022 funding allocations of CHIPS, Pave NY, Extreme Winter Recover, & POP Programs

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the May 2022 report of monies received. A total of $12,942.60 was collected. The report is on file in the Clerk’s Office.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
 
  • Pomfret Town Justice report for May 2022 is as follows:
Justice Dietzen Total Cases: 101
                        Total Fine & Surcharges: $7,879.00
                        Cases dismissed:    14

                        Justice Cerrie Total Cases: 96
                        Total Fine & Surcharges: $8,635.00
                        Cases dismissed: 17
  • The Pomfret Tax Collector has received the Certificate of Satisfaction from Chautauqua County. A total of $8,264,944.70 was collected.
  • Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.
  • Town Clerk Vento and Deputy Town Clerk Renckens each received a $100.00 scholarship for attending the NYS Town Clerks Association Annual Conference. This Scholarship was awarded by the Chautauqua County Municipal Clerks Association.
  • The 2021 Annual Water Quality Report has been received and is on file with the clerk’s office as well as posted on the town’s website.
  • The Pomfret offices will be closed Monday, June 20, 2022 in observance of the Juneteenth Holiday and Monday, July 4, 2022 in observance of the Fourth of July Holiday.
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The May work report was distributed.
  • A motion made by Supervisor Pacos to give Highway Superintendent Gardner Permission to sell Water Truck #19, Ford F-150, vin#1FTFX1EF6BFB46797 on Auctions International. The motion was seconded by Councilman Chisty and carried unanimously.
AUDIENCE CONCERNS

            None

SUPERVISOR PACOS
  • Councilwoman Eckman made a motion to approve the following NYS DOT resolution. The motion was seconded by Councilman Christy and carried unanimously.
WHEREAS, the NYS Department of Transportation proposes the construction, reconstruction, or improvement of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 in the Town of Pomfret located in Chautauqua County, Pin 5814.50, D264835, and
WHEREAS, the State will include as part of the construction, reconstruction, or improvement of the above-mentioned project the of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 pursuant to Section 10, Subdivision 24, of the State Highway Law, as shown on the contract plans relating to the project and meeting the requirements of the owner, and,
WHEREAS, the service life of the relocated and or replaced utilities has not been extended, and
WHEREAS, the State will provide for the reconstruction of the above-mentioned work, as shown on the contract plans relating to the above-mentioned project.
NOW, THEREFORE,
BE IT RESOLVED, that the Town of Pomfret approves of the of Rehabilitation on NY Rt. 60, NY Rt. 60, SH 938 & 62-9, From NY Route 83 to US Rt. 20 and the above-mentioned work performed on the project and shown on the contract plans relating to the project and that the Town of Pomfret will maintain or cause to be maintained the adjusted facilities performed as above stated and as shown on the contract plans.
BE IT FURTHER RESOLVED, that Supervisor, Daniel Pacos, has the authority to sign, with the concurrence of the Town of Pomfret Board, any and all documentation that may become necessary as a result of this project as it relates to the Town of Pomfret, and
BE IT FURTHER RESOLVED, that the clerk of the Town of Pomfret is hereby directed to transmit five (5) certified copies of the foregoing resolution to the NYS Department of Transportation.
  • A motion made by Councilman Christy, seconded by Councilman Sedota to approve the following resolution. The motion carried unanimously.
WHEREAS the Town of Pomfret has previously approved an Order for an increase and improvement of facilities in the Van Buren Water District in the Town of Pomfret, which Project includes the replacement of water meters and meter pits; and
WHEREAS 6NYCRR Section 617.5 under the State Environmental Quality Review Act provides that certain actions identified in Subdivision (c) of that Section are not subject to environmental review;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Pomfret hereby determines that the proposed Water Meter Replacement Project and replacement of water meter pits is a Type II Action under SEQR involving maintenance, repair of existing structures or facilities without substantial changes; and replacement rehabilitation and reconstruction of meters and meter pits, in kind, on the same sites; and therefore this part of the 202-b Improvement Proceeding in the Van Buren Water District is not subject to review under SEQRA.
 
  • A motion made by Councilwoman Eckman to approve the increase in work hours of the Code Enforcement Officer to 10 additional hours per week for 12 weeks for the year 2022. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Supervisor Pacos to formally recognize and approve an $8,000.00 donation from the Fredonia Beaver Club which was used towards the purchase of a sculpture that will be placed in the Route 20 and Route 60 roundabout. The motion was seconded by Councilwoman Eckman and was carried unanimously.
  • A motion made by Supervisor Pacos to establish a Public Hearing regarding The Schofield, Solar Application, 5208 W. Main Rd., to be held at Town of Pomfret, Town Hall 9 Day Street Fredonia, NY 14063 on July 13, 2022 at 6:15P.M.. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Christy to offer Gregory Danielson of 9582 N. Swede Road, a currently vacant Zoning Officer position. The position will be offered at fees set at the organizational meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion by Councilman Christy to offer James McKillip of 117 Forest Place, Fredonia, NY the position of Assistant Code Enforcement Officer for fees set at the Organizational Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion by Councilwoman Eckman to pass a negative declaration on the Rak II, Route 60 solar project, seconded by Councilman Christy and carried unanimously.
  • Supervisor Pacos attended and spoke at a rally in Dunkirk to retain a hospital in our community.
  • Correspondence was received by Supervisor Pacos inviting Town Official’s to attend an Ice Cream Social celebrating Lily Dale’s National Historic Registry designation. The event is to be held at the Leolyn Hotel, in Lily Dale on June 23,2022 at 7:00 P.M.
  • Supervisor Pacos on behalf of the Town Council, congratulated Town Clerk Allison Vento on being appointed as Secretary to New York State Towns Clerks Association.
  • Supervisor Pacos gave the board an update on current projects in Lily Dale as well as other upcoming and future projects including: Pioneer Cemetery wall, Highway Salt Barn and Phase II Water District.
  • Supervisor Pacos notified that the Town had received a check from The Village of Fredonia as a portion of the joint compensation plan also received and passed out was a Zoning and Planning Department report.
  • A motion made by Supervisor Pacos to reserve 75 percent of Forest Hill Cemetery Columbarium sales to be used toward future columbarium purchases. The motion was seconded by Councilwoman Eckman and carried unanimously.
            WHEREAS, the Town Board recently authorized the installation of a Columbarium for the Forest Hill Cemetery, and
            WHEREAS, the Town Board wishes to earmark into a separate account part of the proceeds of the sales from that Columbarium for the potential purchase of a second unit for the cemetery.
            RESOLVED that the Supervisor and Bookkeeper are authorized to set up a separate reserve account in Forest Hill Cemetery to receive Seventy-Five (75%) Percent of current Columbarium sales to be held for the potential purchase of a second unit.  It is not the intention of the Town Board to establish a capital reserve fund under Section 6-c of the GML.  Rather, the intent is to set aside monies arising out of current sales for the potential purchase of another Columbarium in the cemetery.  The cemetery budget and accounting should so reflect the establishment of this financial accounting entry.
Resolution Adopted, All voting Aye
  •  Supervisor Pacos reported that The Bear Lake Association would be moving its payment to the Town from September 1, to December 1s annually.
COUNCIL REPORTS
COUNCILMAN CHRISTY
 
  • Councilman Christy updated the Board on the sewer engineering at Lily Dale. He would like to have that project finished by fall and asked the Boards permission to seek out a different engineer if the current engineer could not accomplish the job. Permission was granted unanimously.
 
  • Councilman Christy asked for permission to seek pricing to correct deteriorating Lily Dale Sewer equipment systems. Permission was granted unanimously
COUNCILMAN SEDOTA

Councilman Sedota to attend cannabis law conversations headed up by The Village of Fredonia.

COUNCILMAN SCHAEFFER

None

COUNCILWOMAN ECKMAN
 
  • Councilwoman Eckman updated the board on the current roundabout efforts explaining the state permits required to complete the project. Councilwoman Eckman thanked Councilman Christy for his assistance on this project.
 
  • Councilwoman Eckman amended her previous motion to state the 10 additional hours per week for the Code Enforcement Officer is authorized through the end of the 2022 Budget year.
Town Attorney Jeffrey Passafaro

Article 7, Tax cases have been settled that were approved by the Assessor, no refunds to be paid.

DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of discussing the employment history of a particular person and discussions relating to proposed, pending or current litigation, with no action to be taken during the executive session. The motion was seconded by Councilman Sedota and carried unanimously. Time 7:29 P.M.

DULY MOVED by Councilman Sedota to exit the executive session and return to the regular town board meeting. The motion was seconded by Councilwoman Eckman and carried unanimously. Time: 8:04P.M.

With no further action before the board, Councilman Schaeffer made a motion to adjourn the Regular Town Board Meeting at 8:04P.M., seconded by Councilman Christy and carried unanimously.


Respectfully Submitted,
           
Ann Renckens
Deputy Town Clerk
 

June 8, 2022-Public Hearing Minutes

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 8, 2022 at 6:09P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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


Deputy Town Clerk Renckens provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding a local law amending Local Law No. 2 of the Year 1995 of the Town of Pomfret entitled “Zoning Law of the Town of Pomfret”, and amending Local Law No.2 of the Year 2014 adopting the Code of the Town of Pomfret.

Section 1 – Intent:  The Town Board of the Town of Pomfret does desire to create and define a (B-1) Neighborhood Business District in accordance with Section 300-15.  This new zoning district determination is made by the Town Board upon review and recommendation of the Planning Board of the Town of Pomfret.
 
Section 2 – Authority:  The Town Board in enacting this Local Law is exercising
Authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, and Municipal Home Rule Laws of the State of New York to enact provisions providing for the health, safety, welfare, and use of property and protection of property as provided therein.  Further, it is the intention of the Town Board to exercise the authority granted to it under Article 3 of the Pomfret Code, Section 300-7 and 300-8 to amend the definition of Zoning Districts and Zoning Map in the Town of Pomfret for this newly formed and defined Neighborhood Business (B-1) District.

Section 3 – Boundaries of Neighborhood Business (B-1) District:
That part of the Town of Pomfret to the North of New York State Route 5, commencing at the intersection of New York State Route 5 and Van Buren Bay Drive, running thence West along New York State Route 5 to the Town of Pomfret-Town of Portland boundary line to a depth of 100 feet from the northerly bounds of New York State Route 5 right-of-way. 

On the south side of New York State Route 5, commencing at the boundary line of the Town of Dunkirk-Town of Pomfret, running thence west New York State Route 5 to the Town of Pomfret-Town of Portland boundary line, to a depth of 100 feet from the southerly bounds of New York State Route 5 right-of-way.

The premises found within this newly created district were formerly zoned R-3 Lakeside Residential; the District is now and shall henceforth be regulated as provided in B-1 Neighborhood Business District.

Section 4 – Severability  The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 5 – Conflict   In the event of conflict between existing provisions and this law, the provisions of this law shall prevail.
Section 7– Effective Date:   This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
 
  • Linda Warner, Town of Pomfret Resident, submitted a petition to be filed. The petition stated the community goals of protecting the current ambiance while encouraging business that will enhance the area. Future consideration of their concerns was requested of the board.
  • Linda Warner, Town of Pomfret Resident, questioned if access to businesses would be off of Route Five.
Supervisor Pacos and Attorney Passafaro discussed set backs right of ways and locations affected by proposed amendment.
 
  • Linda Warner, Town of Pomfret Resident, requested support from the board in petitioning for a traffic report to be done during the summer months.
Supervisor Pacos stated that he would reach out to one of his contacts.
 
  • Fredric Orner, Town of Pomfret Resident, cited that in the past commercial business were in operation in this zoned area and questioned what happened and why are we holding a public hearing regarding zoning?
Supervisor Pacos explained the businesses that had been operating in the past predated existing zoning laws. Business operations of the past had been grandfathered in.
 
  • Fredric Orner, Town of Pomfret Resident, asked if an increase of business along the proposed zone would change the speed limit and if residents could petition for speed changes.
Supervisor Pacos and Councilwoman Eckman stated that the Town of Pomfret does not have road jurisdiction for the area any changes to the speed limits would be made by the state in which residents could petition for.
 
  • Fred Orner, Town of Pomfret Resident, questioned where a project for a Recreational Vehicle Park stood in progress and if it fell within the proposed zone. Councilwoman Ann Eckman responded that she was not aware of where the project stood or that it had been passed by the Zoning Board of Appeals and that  project did fall within the proposed zone.
 
  • Marti Webster, Town of Pomfret Resident, questioned the setbacks and allowed lot sizes.
Councilwoman Eckman confirmed setbacks and allowable lot sizes stating that the restrictions placed have been made in the spirt of keeping the integrity of the area intact while creating a pathway for small business to be established.
 
  • Margaret Warner, Town of Pomfret Resident, questioned if a speed / safety study would be conducted regarding the traffic.
Supervisor Pacos advised that such a study would be conducted by the New York State Department of Transportation.
 
  • Ms. Stokes, Town of Pomfret Resident, voiced concerns regarding traffic and parking near the boat launch.
Supervisor Pacos advised that the proposed zoning does not extend down to the boat launch.
 
  • Pam Lincon-Senfield, Town of Pomfret Resident, commented on her concerns regarding the emergency access to her property as well as questioning the boundaries of the proposed rezoning.
Supervisor Pacos along with Councilwoman Eckman outlined the boundaries of the proposed zone.
 
  • Phil Kennedy, of Central Ave., asked if the Town Board would be supportive in the residential request to the state for traffic mitigation if further business were established.
Supervisor Pacos stated that the board would be supportive.
 
  • Amand Schwert, appreciated the changes that the board is trying implement as she has spent a lot of time and effort to open a store for the community.
Supervisor Pacos thanked her for her patience and expressed that the board is working diligently to keep the area community ambiance while paving a way for small business.
 
  • Julie Valone, Town of Pomfret Resident, voiced concerns regarding ordinance issues that may arise. Supervisor Pacos advised that her concerns would be covered under special use permits noise ordinances are in place through the county.
  • Julie Valone, Town of Pomfret Resident, questioned if a Recreational Vehicle Park was an allowable use under the proposed law. Councilwoman Eckman stated that under the new law it would not be an allowable use.
Town Board Comments:

None

With no further public comments, a motion made by Councilman Schaeffer seconded by Councilman Sedota, to close the Public Hearing at 6:40 P.M. The motion was carried unanimously.

Respectfully Submitted,
Ann Renckens
Pomfret Deputy Town Clerk
 

June 8, 2022-Public Hearing Minutes


PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, June 08, 2022 at 6:00P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.

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

Supervisor Pacos opened the Public Hearing with the Pledge of Allegiance.

Deputy Town Clerk Renckens provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding A local law to Amend the Zoning Code of the Town of Pomfret, specifically Section 300-15, Neighborhood Business (B-1) District.


Section 1 – Intent:   The Town Board of the Town of Pomfret, upon review of the code provisions for Neighborhood Business (B-1) District by the
Planning Board of the Town of Pomfret has determined that certain amendments to uses and requirements would be beneficial to enact.

Section 2 – Authority:   The Town Board in enacting this Local Law does hereby the authority granted to it under the Constitution of the State of New York, the Town Law, General Municipal Law, Municipal Home Rule Laws of the State of New York to preserve and protect the health, safety, welfare, and well-being of residents and properties in the Town of Pomfret.

Section 3 – New Section 300-15:
A.  Purpose: 
The purpose of the B1 District is to promote retail and service uses which are vehicle oriented for the use of residents and visitors.  At the same time, a major goal is to protect and enhance the community by encouraging aesthetically appealing business with safe ingress and egress and limiting strip development.  NOTE:  Uses marked with an asterisk (*) are allowed by two or more types of permits (by right, special use or no permit) and the supplemental section referred to should be consulted in each case to fully understand which permit applies.

B - Uses by Right (permit required):
Single family dwelling – detached (conventional, prefab, modular)
Duplex – attached
Agricultural building
Utilities (quasi-public) (e.g., telephone)
Municipal Office
Limited day care – Four or less persons
Public Park
Fishing tackle shop
Garage – accessory
Parking – commercial lot – in accordance with 300-48
Storage structure – in accordance with 300-69
Porch/deck

 
C - Use by special use permit (hearing required)
Boarding homes/bed-and-breakfast – in accordance with 300-74
Homes for the aged
Customary accessory use
Nursing home/rest home
Multiple dwelling – attached – in accordance with 300-44
Household sale – in accordance with 300-43
Antique Shop 
Bakery Shop 
Drugstore
Florist shop 
Corner Grocery store 
Gift shop 
Monument sales
Newsstand
Service Station – gas sales – in accordance with 300-81
*Signs – in accordance with 300-50
Feed and Seed shop 
Hardware/glass/paint store
Professional office – in accordance with 300-75
Photography studio
Funeral Home
Realty Office Dry-Cleaning shop
Barber/beauty shop
Restaurant – in accordance with 300-77
Bar
Locksmith shop
Custom workshop
Appliance repair shop
*Home Occupation – in accordance with 300-42
School – public/private
Day-care center – over five persons – in accordance with 300-67
Library/museum/gallery – public
Church /rectory
Fraternal meeting facility
Tennis Court – private (accessory to dwelling)
Tennis court – public/commercial
Swimming pool – public/commercial
*Fences and walls – in accordance with 300-51
EV service equipment (charging stations)
Drive- In Theater
Mixed residential/commercial – in accordance with 33-39
Nursery/greenhouse - commercial
Roadside stand general in accordance with 300-44
Pet store
Plumbing/heating shop
Gasoline/volatile fuel tank - back yard only

DUses requiring no permit (requires compliance with
                                                chapter)
Agricultural land use
Horticulture – private
Roadside Stand – limited – in accordance with 300-44
*Household sale – in accordance with 300-43
*Home Occupation – in accordance with 300-42
Wildlife habitat
Ponds – in accordance with 300-46
Outdoor storage of recreational vehicle – in accordance with 300-68
Parking – private – in accordance with 300-48
*Fences/walls – in accordance with 300-51
Heavy vehicle parking – in accordance with 300-57

E.  Area Standards.  See the following sections:  300-24,
Existing substandard sized lots, and 300-28, Established front yards, and municipal water and sewer.


  Neighborhood Business (B1) District ______________________________________________________________________________
                                                                                    Primary Use Accessory Use
Single-family units_____________________________________________________________                            Minimum Lot size (sq ft)                                                15,000                                     --                                                   Minimum front lot width (in feet)                                      100                                      --                                                    Maximum lot coverage (% of lot area)                                30%                                    --                                                  
Minimum front yard (ft from street edge)                             40                                    40                                                 Minimum side yard (feet from property line)                      10                                      10                                           
Minimum rear yard (feet from property line)                      25                                      25                                              
Maximum structure height (number of stories)                   2 ½                                     2 ½                                             
Minimum floor space (sq ft of living space)                      760                                      --                                                


Multiple-family units (standard)____________________________________________________                          
Minimum lot size (base+sq ft per unit)                         15,000 + 10,000                       --                                               
Minimum front lot width (base + ft per unit)  10 10                                  --                                              
Maximum lot coverage (% of lot area)                                  30%                                --                                               
Minimum front yard (feet from street edge)   40        40                                            
Minimum side yard (base + feet per unit)   10 + 1 10 +1                                     
Minimum rear yard (feet from property line)                         25                                   25         
Maximum structure height (number of stories)
2 ½                                  2 ½     
Minimum floor space (sq ft of living space)     760       760                                           


Multiple-family units (elderly)_____________________________________________________                          Minimum lot size (base + sq ft per unit)                       15,000 + 10,000                        --                                            
Minimum front lot width (base + feet per unit)                     100 + 10                            --
Maximum lot coverage (% of lot area)                                   30%                                 --                                            
Minimum front yard (feet from street edge)                           40                                    40                                         
Minimum side yard (base + feet per unit)   10 + 1   10 + 1                                  
Minimum rear yard (feet from property line)                          25                                     25                                        
Maximum structure height (number of stories) 2½                                 2 ½                                     
Minimum floor space (sq ft of living space)  600           --

Other uses (nonresidential)_____________________________________________________Minimum lot size (in square feet)  15,000             --                                Minimum front lot width (in feet)  100                                   --              Maximum lot coverage (% of lot area) 30%                                --  Minimum front yard (feet from street edge) 40                                       
Minimum side yard (feet from property line) 10             10
Minimum rear yard (feet from property line) 25                                      
Maximum structure height (number of stories) 2 ½    2 ½     Minimum floor space (square feet)                                             --                                   --                                                                                                                  

Notwithstanding anything to the contrary, no commercial or retail structure shall exceed 1500 square feet in size.

Section 4 – Severability        The invalidity or unenforceability of any section,  subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the   valid judgment of any court of competent jurisdiction to be  unconstitutional, shall not affect the validity or  enforceability of any other section, subsection, paragraph,  sentence, clause, provision, or phrase, which shall remain  in full force and effect.
Section 5 – Conflict    In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:    This Local Law shall be effective immediately upon filing with the Secretary of State.


Audience Comments:
 
  • Phil Kennedy, Van Buren Point resident, requested clarification of allowable usage.
Supervisor Pacos stated that allowable usages have been listed with a set size limit of any future business not to exceed 1500 square feet.

Town Board Comments:

None

With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman to close the Public Hearing at 6:08P.M. The motion was carried unanimously.

Respectfully Submitted,


Ann Renckens
Pomfret Deputy Town Clerk
 

May 11, 2022- Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. May 11, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

ABSENT:         Christopher Schaeffer

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

DULY MOVED by Councilwoman Eckman to accept the minutes of the April 13, 2022 Public Hearing Minutes- Proposed Local Law- Solar Amendments to Local Law No. 2 of 2016. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Councilman Christy to accept the minutes of the April 13, 2022 Public Hearing-Special Use Permit Application- Solar Farm 10026 Farel Rd. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the  April 13, 2022 Regular Town Board Meeting. The motion was seconded by Councilwoman Eckman and carried unanimously.

DULY MOVED by Councilwoman Eckman to accept the minutes of the May 4, 2022 Special Meeting Minutes of the Pomfret Town Board. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #5 of 2022 with two additions. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Fund         Voucher #                   To                          Amount
General    48622                          Observer                      $8.91
General   48621                          Dave Yuen Cleaning   $30.00

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

General Fund Town Wide      $19,768.35
General Fund Part Town        $8,623.65
Highway Fund Part Town       $8,368.88
Berry Water District               $221.67
Chestnut Water District          $198.33
North End Water District        $1,433.56
Lily Dale Sewer District         $6,834.69

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #25 of 2022 in the amount of $116,494.37 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE


TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the April 2022 report of monies received. A total of $7,416.40 was collected. The report is on file in the Clerk’s Office.
  • Pomfret Town Justice report for April 2022 is as follows:
Justice Dietzen Total Cases: 76
                        Total Fine & Surcharges: $5,694.00
                        Cases dismissed:    15

                        Justice Cerrie Total Cases: 65
                        Total Fine & Surcharges: $6,612.00
                        Cases dismissed:         8
  • Code Enforcement Officer, Warren Kelly, submitted his monthly report. It is on file in the Clerk’s Office.
  • The Pomfret offices will be closed Monday, May 30, 2022 in observance of the Memorial Day.
  • Clerk Vento thanked Highway Superintendent, Jude Gardner, Jonpaul Long, and Doug Bunge for their help and assistance with the rabies clinic held May 5, 2022.

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The April work report was distributed.
  • Mr. Gardner attended a zoom meeting regarding new federal regulations with water. The state is imposing an October 2024 deadline of municipalities to inspect water district residents’ home for the type pipes of within their home. Mr. Gardner will gather more information from both the county and state as more information becomes available.
  • The Forest Hill Columbarium has been installed.
  • Mr. Gardner is working with Clark Patterson Lee on prices of materials for the salt shed. He will report to the board with their results.

AUDIENCE CONCERNS
  • Kevin Seybold, intern with Greystone Nature Preserve, addressed the board and asked for their endorsement/support to designate vacant land within the Town of Pomfret to conservation. Literature will be sent to the town clerk to distribute to the board.

SUPERVISOR PACOS
  • Supervisor Pacos recognized May 1-7, 2022 as Municipal Clerks week and thanked Clerk Vento and Deputy Clerk Renckens for their roles in the  Town Clerks office.
  • A motion made by Councilwoman Eckman to schedule a Public Hearing for the purpose of amending the zoning code, specifically Section 300-15, Neighborhood Business (B-1) District for Wednesday, June 8, 2022 at 6:00P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • A motion made by Councilwoman Eckman to schedule a Public Hearing for the purpose of amending Local Law No. 2 of 1995 of the Town of Pomfret, entitled “Zoning Law of the Town of Pomfret”, and amending Local law No. 2 of 2014 adopting the Code of the Town of Pomfret on Wednesday, June 8, 2022 at 6:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. The motion was seconded by Councilman Christy and carried unanimously.
  • The Town Board has received the Chautauqua County Referral for the Special Use Permit on Christy Road. It is on file in the clerk’s office.
  • The Town Board, Planning Board, and Zoning Board have received a letter submitted from Julie McFarland rescinding her Special Use Permit Application.
  • Supervisor Pacos made a motion to declare the following items surplus, no longer required for municipal use, deemed scrap, and will be disposed of accordingly. The motion was seconded by Councilman Christy and carried unanimously.
-Dell Monitors (2)                   -Hewlett Packard Laser Jet 4 Plus
-2 towers                                 -HP Color Laser Jet 2605 with cartridges
  • Councilman Christy and Councilman Sedota will conduct interviews for the applicants who submitted letters of interest for the part-time Code Enforcement position.
  • The Board of Assessment Review vacancy will be followed through with interviews with those who submitted letters of interest.
  • Councilwoman Eckman made a motion to approve the following pricing for the purchase of a niche within the newly installed columbarium at the Forest Hill Cemetery. The motion was seconded by Councilman Christy and carried unanimously.
$750.00-single niche                                                  
$1,000.00-double niche
$100.00 per opening, per internment
$150.00 per opening on Saturday or Sunday
All plaques and engraving will be purchased and done by A.D. Titus Monuments of Fredonia.
  • Councilman Christy made a motion to approve the water application within the North End Water District to SKB Real Estate, LLC located at 10310 Rt. 60, SBL: 114.05-2-44 pending approval from the Village of Fredonia. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the Change Order #2 of the Lily Dale Water District in a decrease in project cost of $14,928.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Sedota made a motion to approve the short form environmental assessment form, type 2 action for the round-a-bout, giving the Supervisor authorization to execute Part 3 declaring a negative declaration. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Councilman Christy made a motion to approve the month of June as “Fredonia Fire Department Annual Fund Drive” month. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos attended the Annual Banquet of the Fredonia Fire Department and provided certificates of achievement to three firemen for their 170 years combined service.
  • The Chautauqua County IDA will hold a Public Hearing, May 17, 2022 at 10:00A.M. at Pomfret Town Hall, for the purpose of the Pomfret II PV, LLC solar project for financial assistance.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy has been working with National Grid on LED lighting prices.
  • He has been to several Fredonia Fire Department meetings and is looking forward to meeting the new Fredonia Fire Chief.
COUNCILMAN SEDOTA
-None

COUNCILMAN SCHAEFFER
-Absent

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman made a motion to approve the following hires for the Pomfret-Fredonia Summer Recreation Program. The motion was seconded by Councilman Christy and carried unanimously.
Tyler Garigal 166 Chautauqua Rd., Fredonia    Minimum wage/Playground
Madison Marsh    141 Gardner St., Fredonia   Minimum wage/Playground
Ethan Leid       202 Liberty St., Fredonia       Minimum wage/Playground
Clayton Frazier      25 Chestnut St., Fredonia   Minimum wage/Playground
Zackary Kawski  4 Westerly Dr. , Fredonia     Minimum wage/Playground
Gabriella Domenico  53 Forest Pl., Fredonia   Minimum wage/Playground
Joshua Reynolds 4180 Webster Rd., Fredonia   Minimum wage/Playground
Marah Long       3319 E. Main Rd., Dunkirk      Minimum wage/Playground
James Hobbs     233 East Main., Fredonia   $16.50 per hour/Lifeguard
Maxewell Corrente   17 Washington Ave., Fredonia $16.50 per hour/Lifeguard
Willow Daly-Griffen  45 Temple St., Fredonia    $16.50 per hour/Lifeguard
Owen Ludwig             30 Ryan Place, Fredonia   $16.50 per hour/Lifeguard
Ledreth Velez-Olmo   10162 Rt. 60, Fredonia    $16.50 per hour/Lifeguard
Kinnan Finnegan         3484 Webster Rd., Fredonia   $16.50 per hour/Lifeguard
  • Councilwoman Eckman stated Kayla Sullivan, Pomfret-Fredonia Recreation Director, is working very hard to bring back the summer recreation programs. She’s doing a great job and displaying a positive energy, attitude, and an asset to the local recreation program.
DULY MOVED by Councilman Sedota to adjourn the Regular Town Board Meeting, seconded by Councilwoman Eckman and carried unanimously. Time: 7:32P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

Special Meeting-May 4, 2022

SPECIAL MEETING of the Town Board of the Town of Pomfret held at
5:00 P.M. May 4, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

                                               
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT:                             
                                               

                                               
COUNCILPERSONS:           John Sedota
                                                Ann Eckman
                                                Christopher Schaeffer

ABSENT:                               Town Attorney Jeffrey Passafaro
                                                Highway Superintendent Jude Gardner
                                                Councilman Brett Christy

The Pledge of Allegiance was led by Supervisor Pacos to begin the Special Meeting of the Pomfret Town Board.
The purpose of this special meeting is for the Town Board to approve a change order for the Lily Dale Water District and any other lawful business before the board.

Supervisor Pacos
  • Councilwoman Eckman made a motion to approve Change Order #1 of the Lily Dale Water District in the amount of $2,630,316.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Schaeffer made a motion that the Town Board has fully reviewed the proposed project located at 10310 Rt. 60, Fredonia and has fully reviewed the Environmental Assessment Form and based on the opinion and recommendation of Code Enforcement Officer, Warren Kelly, the Town Board hereby adopts a Negative Declaration under SEQR with respect to the proposed project and authorizes the Supervisor of the Town of Pomfret to sign the negative declaration determining non-significance. The motion was seconded by Councilman Sedota and carried unanimously.
ROLL Call:
Supervisor Pacos: Aye
Councilwoman Eckman: Aye
Councilman Schaeffer: Aye
Councilman Sedota: Aye
Councilman Christy: Absent
  • Councilwoman Eckman made a motion to accept the resignation of James DeJoe, Zoning Enforcement Officer, with regret effective April 29,2022. The motion was seconded by Councilman Schaeffer and carried unanimously.

DULY MOVED by Councilwoman Eckman to adjourn the Special Meeting of the Town Board, seconded by Councilman Sedota and carried unanimously. Time: 5:09 P.M.

Respectfully Submitted,
           
Allison Vento
Town Clerk
 

April 13, 2022-Public Hearing Minutes- Special Use Permit-Farel Rd. Solar Application

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 13, 2022 at 5:39P.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
Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public regarding the Special Use Permit submitted by RIC Development, LLC for constructing a large solar farm located at 10026 Farel Rd., SBL: 112.00-3-63, property owned by A. Sam Farms, Inc. This proposed solar farm will have approximately 11, 2016 Solar PV modules and 21 inverters.
Jon Rappe, RIC Development CEO and Sheila Ransbottom, Wendel Engineering, were present to discuss the modifications and revisions to the proposed application with visuals and handouts distributed to the Town Board. Mr. Kevin Bliss, RIC Development and Mr. Ivo Tomchev, Project Development Director, were participating via phone to help answer questions from the board and audience. Mr. Bliss spoke at length about the noise associated with a solar field. He stated after construction, the noise is from the inverters on site. The noise production anticipated is a range from 45-65 decibels.
Audience Comments:
  • Town Clerk Vento read the following as submitted and requested via email and drop box 4/13/22:
“Dear Supervisor Pacos and Councilmembers,
Please accept this letter of support regarding the proposed Farel Road Solar Project. I’m writing in support of this project as a resident and an attorney and for the following reasons:
First, the Town of Pomfret carefully considered the issue of solar power developments in the Town in 2016 and adopted Local Law #2 – Solar Power. This Local Law was carefully crafted in line with existing law, recognized and anticipated future solar power development as an acceptable land use, and established the proper locations within the Town for those acceptable and anticipated land uses. It was a public process and permitted resident involvement. Further, the Local Law established a review process for proposed projects to ensure compliance with the law and permit public involvement to address unanticipated issues or concerns before final approval of the permitted land use.
The landowner and project developer have submitted to this process to develop the property as permitted by Local Law #2. I do not believe the Town should now deny the project and this permitted use of the property after anticipating these types of projects and thus inviting this land use.
Second, I have reviewed all the documents for this project. The landowner, by way of the developer, RIC Energy, has responded to the many comments and concerns of public officials and citizens, including and especially surrounding landowners. The developer has provided modifications, including significantly greater setbacks, reduced total land use coverage, and significantly more vegetative coverage than otherwise required. The developer has done this to make the landowner’s permitted land use more acceptable -- even though the project as originally conceived already met the essential requirements of Local Law #2.
The Town and the public involved in this process should be commended. Arguably, the project is now a better project because of this process and the resulting modifications.
Third, this project is future oriented. This project and more like it need to be encouraged in our community and throughout our state and country. We have not learned to live with climate change and all the problems that we are only beginning to experience consequently.
It is essential that we encourage renewable energy development to replace our outsized reliance on fossil fuels. This project is not going to solve the issue of climate change, but these kinds of projects are a critical part of the overall effort to reduce our reliance on fossil fuels.
This type of project is very much a part of our children’s future – and the future of our community.
For the above reasons, I respectfully ask that this project be approved – and that send a clear signal as a community that we want and encourage other such land use developments.
Thank you for your kind consideration.
Very truly yours,
Michael K. Bobseine, Esq.”
  • Paul Siebert, Pomfret resident inquired where the power source will be located for the proposed solar farm and the glare from panels. Mr. Rappe stated the power station will be in the Northwest corner of the project and the panels being used have an anti-glare coating. The question of security of the project also arose asking if it would be gated, locked, etc. The project will be surrounded by a gate which will lock. People with access will be those working on the project and the yearly ground maintenance for snow removal, preventative maintenance, landscaping, etc.
  • Russ Siragusa, Pomfret resident asked about a second access road which is stated in the revised plans. Mr. Bliss stated this was a clerical error in the revised plans and the language regarding a second access road would be removed as it is no longer needed for the proposed project.
  • Becky Siragusa, Pomfret resident, asked how long the construction of the project would take. Mr. Rappe stated two to three months of impactful construction with a total project time of four to six months. He also included this project is not projected to begin until the Spring of 2023 due to delays in materials. Mrs. Siragusa also inquired about the taxing of the property to which Mr. Pacos stated it is taxable as real property. They can apply for a PILOT with the County IDA coupled with a Community Host Agreement. Because the property is proposed to be no longer used for agriculture use, the property owner could lose their agriculture exemption should the project proceed.
  • Sue Westling spoke in favor of the proposed solar project and future projects within the Town of Pomfret, County of Chautauqua, and State of New York. She stated there are no health affects to solar installation. She continues to encourage the community and Town Board to support renewable energy.
  • Susan Royal, Pomfret Resident, spoke in favor of the project and supports the installation of solar in the community to move the town forward with renewable energy.
  • Judy Lutz Woods, Pomfret resident, commended the Town Board on their continuance of working on issues and moving the town forward with solar and green energy.
  • Marcia Johnson, Village of Fredonia Resident, spoke in support and encourage the board to approve this proposed solar project.
  • Jim Joy, Pomfret Planning Board Chairman, asked who pays for the PILOT (Payment in Lieu of Taxes). Supervisor Pacos stated the agreement is between the property owner and the developer. He reiterated if the project is approved, the land owner would lose their agriculture exemption.
  • John Schibetta, Pomfret resident, stated he is not against solar or renewable energy but does have concerns regarding protecting agriculture land as stated the Town’s Comprehensive Plan. He also has concerns about property values, wildlife impact, and overall health for those located near the proposed solar farm. He included in his comments he appreciates the boards and developers’ flexibility and willingness to modify the project based on concerns expressed by residents.
Town Board Comments:
  • Councilman Sedota had questions regarding the decommissioning plan inflation rate. The board and RIC Development stated it’s written the decommissioning plan is to be revisited every four to five years to make sure all aspects are still relatable to the project. The board also stated they are following the recommendations from the Chautauqua County Planning department.
With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the public hearing at 6:51 P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Vento
Pomfret Town Clerk

April 13, 2022 Public Hearing Minutes-Proposed Local Law

PUBLIC HEARING of the Town Board of the Town of Pomfret held Wednesday, April 13, 2022 at 5:15P.M. at the Pomfret Town Hall, 9 Day St., Fredonia, N.Y. 14063.
PRESENT:    Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
                        Councilman John Sedota
                        Councilwoman Ann Eckman
                        Councilman Brett Christy
                        Councilman Chris Schaeffer
Town Clerk Vento provided proof of posting and publishing.
                       
The purpose of the Public Hearing is to hear comments from the public to review the application of a proposed local law to Amend Solar Energy Equipment and Systems Law Regulations, Local No. 2 of 2016.
Section 1 – Purpose:  The Town of Board of the Town of Pomfret does desire to amend certain sections and provisions of the Solar Energy Equipment and Systems, law adopted as Local Law # 2 of 2016 within the Town of Pomfret.
Section 2 – Authority   The Town Board in enacting this legislation exercises  authority granted to it under the New York State Constitution; Municipal Home Rule Law, and the Town           Law of the State of New York which authorizes the Town                  to adopt zoning and land use provisions to protect the                     health, safety and welfare of persons and property within                the Town.
Section 3 – Solar as Principal Use -Amending Section 5 - Large Scale Solar System
  I. Large Scale Solar Energy Systems shall comply with all bulk area requirements, including height and  setback of the underlying Zoning District in which it is  located, together with the following area requirements and  setbacks, whichever is more restrictive.  In addition such other restrictions on placement, height, location, and  setback and/or buffers may be imposed during the Special   Permit process by the Town Board. Each and every part and/or section of the Solar Energy  System shall be setback the following minimums:
a)  300 feet from the edge of any public right-of-way.
b)  250 feet from each property line bordering the premises, which are the subject of a solar application for special use permit.
  c)  350 feet from any residential premises on any adjoining    property.
 d)  At least 50 feet from any structure on the premises                      hosting the Solar Energy System.
 e)  No part of the Solar Energy System and/or its                                  components shall exceed 35 feet in height.
  f) In the sole discretion of the Town Board, for good cause shown, after the Public Hearing the Board may vary the strict application of these regulations.
     II. Large scale solar systems shall be located on lots                      with a minimum lot size large enough to accommodate the              proposed system. Lot coverage – the surface area of the Solar Energy System, including but not limited to solar panels, utility or    electronic sheds, and any other part of the System, shall be              included in Lot coverage, together with any impervious                      service calculations, all of which shall not exceed fifty-percent (50%) of the lot size coverage of the premises on  which the Solar System is to be constructed, and which is the subject of the application and permit review. No large scale systems will be permitted to be located on multiple parcels, the parcel or parcels which are the subject  of the application to host a Solar Energy Facilities System  shall be under the control of the applicant, for and during the entire life expectancy of the Solar Energy Facilities System.

VI.   h)  Decommissioning Plan – All decommissioning plans submitted to the Town of Pomfret for review shall be prepared, signed and sealed by a professional engineer, licensed in the State of New York.  This requirement is in addition to the criteria set forth in Local Law No. 2 of the Year 2016.  Further, all such plans shall meet the requirements adopted/recommended by Chautauqua County Planning  Dept. as then currently in effect.
Section 4 – Solar Storage Batteries
If Solar Storage Batteries are included as part of the Solar Energy Collection System, its location, placement, and maintenance shall be governed by and in accordance with the Town of Pomfret Battery Energy Storage Law, New York State Uniform Code, and all regulations promulgated under the State Code and the National Electric Code. When storage batteries are no longer in use, they shall be  properly disposed of in accordance with the law in the State of New York, and any applicable Federal, State and/or Local disposal Rules and/or Regulations.
Section 5 – Severability The invalidity or unenforceability of any section,   subsection, paragraph, sentence, clause, provision, or       phrase of the aforementioned sections, as declared by the              valid judgment of any court of competent jurisdiction to be              unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 6 – Conflict   In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:   This Local Law shall be effective immediately upon filing with the Secretary of State.
Audience Comments:
  • Town Clerk Vento read the following as submitted and requested via email and drop box 4/13/22:
“Dear Supervisor Pacos and Councilmembers,
Please accept this letter of concern regarding the Town’s proposed amendments to Local Law #2, which is the subject of a Public Hearing. I’m writing this letter as a resident, an attorney, and a member of the Pomfret-Fredonia Comprehensive Planning Committee.
The Town of Pomfret has dealt with several solar projects in the past year; has several more proposals pending; and expects and still more project proposals expected.
The Town Board has assumed sole responsibility for approving solar projects. While assuming this responsibility has some advantages, it limits the usefulness and value of the knowledge and training of the people on the Town’s Planning Board and Zoning Board of Appeals. I respectfully request that the members of the Planning Board and Zoning Board be consulted before the Town Board adopt any proposed changes.
Additionally, I respectfully request that the Town and Village Comprehensive Planning Committee be permitted an opportunity to discuss the issue of solar development in the Town before changes are enacted. The purpose of having a comprehensive plan is to help inform the Town’s planning and zoning decision-making. The committee should consider the current issues the Town is confronting respecting solar projects and provide guidance for any planning and zoning decisions that might be considered.
In sum, I respectfully ask that the Town delay any immediate action on the proposed changes to Local Law #2 and permit the Town’s planning and zoning officials and the Comprehensive Planning Committee to provide comments and suggestions.
Thank you for your kind consideration.
Very truly yours,
Michael K. Bobseine, Esq.”
  • James Joy, Pomfret Planning Board Chairman, offered the following as submitted via email 4/13/22:
“A MORITORIUM IS NECESSARY TO REVISE THE TOWN OF POMFRET SOLAR REGULATIONS AND IS NOW REQUESTED BY THE TOWN OF POMFRET PLANNING BOARD
REASON: The current Town of Pomfret Solar Regulations have been found to be inadequate and in need of updating. If not properly structured, large-scale solar facilities can have a negative effect when located on prime farmland resulting in the net loss of agricultural production. Further damages can occur on public and private lands and public roadways through inadequate construction and can create drainage problems through flooding and erosion do to the lack of appropriate water runoff and the lack of sediment control systems. Which could harmfully effect the watershed and public water supplies. In addition to the undeniable loss of property values and inevitable risks to adjoining and neighboring residential properties, especially within this higher populated zone such as the AR-2.
ADD: HOST COMMUNITY AGREEMENT, as a requirement for all commercial large-scale solar projects. The township should receive something more than a PILOT agreement. Example: Low-cost electric for the municipality.   
ADD: DRAINAGE & FLOOD PREVENTION design and flooding mediation requirements, as a condition for a special use permit.                                                                                                                                                             
SUBJECT TO CHANGE: Large Scale Solar systems; are permitted by issuance of a special use permit within Zoning Districts AR1, AR2, I-1 and I-2 only.
Remove – AR-2 from the allowable use zone.       
Reason: Undeniable loss of property values and inevitable risks to adjoining and neighboring properties within this higher populated zone, in addition to the loss of prime productive farmland.
Leave:  as permitted by issuance of a special use permit in AR1, I-1 and I-2
Reason: These zones - AR1, I-1 and I-2 zones are the least populated regions in Pomfret. In addition to encompassing ample acreages of land, not categorized as prime farmland. Therefore having the least negative impact to adjoining and neighboring properties, and the least forfeiture of productive operational farmland. 
ADDITION TO THE REGULATIONS
OVER LAY ZONE(S) FOR LARGER SCALE SOLAR/BATTERY FACILITIES
The consideration to create over lay zoning for Larger Scale Solar (And Storage Battery Storage) in Pomfret would have a desirable effect. We have regions in the Pomfret Township that are not highly populated, and or farmed, and or vacant and promoting the development in these regions will have the least impact on the environment, neighborhoods and farms. In addition, providing these targeted areas can best utilize and develop large scale solar or battery storage facilities, with the least negative impact to the environment, farms and residents.  
SECTION 6
Update required:  update section six; to accommodate new or proposed Battery Storage Facilities Regulations
PROPERTY LINE SET BACK CONSIDERATIONS
CURRENTLY PROPOSED BY THE TOWN OF POMFRET TOWN BOARD
The Town of Pomfret Planning Board supports the considerations to increase set back requirements for large scale solar, (and battery storage facilities), from property boundary lines and residential structures. Currently, the setback requirements are inadequate and need to be to more realistic, with updated setbacks requirements with a greater distance to prevent the loss of property values and unforeseen hazards.”   
  • Paul Siebert, Pomfret resident, asked who enforces the local laws in regards to zoning. The board replied that our Code Enforcement Officer, Warren Kelly, is the one who responds to complaints, non-compliance.
  • Russ Siragusa, Pomfret resident, asked if the new law can require applicants to add to existing projects. Supervisor Pacos responded that it would have to be done by Special Use Permit.
  • Susan Westling spoke in support of passing this amendment to the local law. She commended the board for moving the Town of Pomfret in a positive, forward direction with being pro-active in setting regulations and laws to have protection in place for the community.
With no further public comments, a motion made by Supervisor Pacos, seconded by Councilwoman Eckman, to close the public hearing at 5:39 P.M. The motion was carried unanimously.
Respectfully Submitted,
Allison Vento
Pomfret Town Clerk

April 13, 2022-Regular Town Board Meeting Minutes

REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:51 P.M. April 13, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.
                                              
                        Supervisor Daniel Pacos
                        Town Clerk Allison Vento
                        Town Attorney Jeffrey Passafaro
PRESENT:      Highway Superintendent Jude Gardner
                                              
                                              
COUNCILPERSONS:       John Sedota
                                         Ann Eckman
                                        Brett Christy
                                        Christopher Schaeffer
The Pledge of Allegiance was recited previously to open the public hearings.
DULY MOVED by Councilwoman Eckman to accept the minutes of the
March 9, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #4 of 2022. 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
Councilman Christy-AYE
Councilwoman Eckman-AYE
General Fund Town Wide      $24,861.18
General Fund Part Town        $19,852.61
Highway Fund Part Town       $30,490.98
Berry Water District               $58.60
Chestnut Water District          $35.50
North End Water District        $545.85
Lily Dale Sewer District         $668.62
VB Water District                   $11,171.25
Capital Projects                       $744,835.94
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #24 of 2022 in the amount of $243,526.76 for Chadwick Bay Intermunicipal Waterworks with one addition to Foley, Foley, Foley, Passafaro in the amount of $1,452.50. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
BUDGET TRANSFERS
Duly moved by Supervisor Pacos to approve the following budget transfers. The motion was seconded by Councilwoman Eckman and carried unanimously.
GENERAL FUND TOWNWIDE
Budget Modification
Modify 2022 adopted budget by increasing Revenue Account A2705 Gifts & Donations by $7,000 and by Increasing Expenditure Account A8510.4 Community Beautification Contractual by $7,500
For Round-A-Bout Sculpture and Donation
$500    FROM     A1990.4    Contingent Account
            TO          A8510.4     Community Beautification Contractual
$1,250 FROM   A1420.1      Attorney Personal Services
            TO        A1420.4        Attorney Contractual
$10      FROM  A5010.4       Supt. Highways Contractual
            TO     A5010.2          Supt. Highways Equipment
$648    FROM  A9060.8       Employee Benefits Hospital & Medical
            TO    A9010.8          Employee Benefits State Retirement
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the March 2022 report of monies received. A total of $5,862.80 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for March 2022 tax collection. A total 241 bills were processed collecting $509,343.40.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for March 2022 is as follows:
Justice Dietzen Total Cases: 185
                        Total Fine & Surcharges: $15,568.00
                        Cases dismissed:    32
                        Justice Cerrie Total Cases: 194
                        Total Fine & Surcharges: $14,001.00
                        Cases dismissed:         51
  • The monthly Historian report for the month of April has been received and distributed to the Town Board.
  • The Fredonia Fire Department submitted the March 2022 report. A total of 145 calls were made with 35 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • Deputy Town Clerk Renckens received a $250.00 Scholarship to attend the NYS Town Clerks Association Annual Conference.
  • The Code Enforcement monthly report has been distributed and is on file in the Clerk’s Office.
  • The Pomfret offices and buildings will be closed April 15, 2022 in observance of ‘Good Friday’.
  • The Pomfret Town Clerk’s office will be closed April 25-27, 2022 for attendance of the New York State Town Clerks Association Annual Conference.
  • The Town of Pomfret will be sponsoring a free rabies clinic May 5, 2022 from 4:00-6:00P.M. at the Pomfret Highway Barns.
AUDIENCE CONCERNS
-None
HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The March work report was distributed.
  • Councilman Schaeffer made a motion to approve the contract with Clark Patterson Lee for the engineering and design of the Salt Shed at a cost not to exceed $30,500.00. The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilwoman Eckman made a motion to authorize the Highway Superintendent to purchase a Kubota ZG300 Series Zero Turn mower at a cost not to exceed $7,887.34 from Southern Tier Trailer Sales, Inc. The motion was seconded by Councilman Christy and carried unanimously.
  • Councilwoman Eckman made a motion to adopt Sourcewell as a viable option to purchase town equipment/materials. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to approve the purchase from Sourcewell of a Ford F150 4x4 Super cab pick up truck from Fredonia Ford, Inc. at a price not to exceed $38,721.20, as budgeted. The motion was seconded by Councilman Schaeffer and carried unanimously.
SUPERVISOR PACOS
  • Councilman Schaeffer made a motion to approve the Special Use Permit application from RIC Development, LLC for a large solar farm located at 10026 Farel Road, Fredonia, SBL:112.00-3-63, owned by A. Sam Farms, INC. with the revised plan submitted on record of the public hearing and condition that the decommissioning plan submitted for approval in the future will follow the most recent recommendations of the Chautauqua County Planning Department. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-NO
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-AYE
  • Councilman Christy made a motion to approve the proposed Local Law No. 1 of 2022-Solar Energy Equipment and Systems, Law Adopted as Local Law #2 of 2016 with the addition of the clause stated in the public hearing, Section 7
Section 1 – Purpose:  The Town of Board of the Town of Pomfret does desire to amend certain sections and provisions of the Solar Energy Equipment and Systems, law adopted as Local Law # 2 of 2016 within the Town of Pomfret.
Section 2 – Authority    The Town Board in enacting this legislation exercises authority granted to it under the New York State Constitution; Municipal Home Rule Law, and the Town Law of the State of New York which authorizes the Town  to adopt zoning and land use provisions to protect the health, safety and welfare of persons and property within the Town.
Section 3 – Solar as Principal Use -Amending Section 5 - Large Scale Solar System
                        I.  Large Scale Solar Energy Systems shall comply        with all bulk area requirements, including height and                         setback of the underlying Zoning District in which it is located, together with the following area requirements and setbacks, whichever is more restrictive.  In addition such other restrictions on placement, height, location, and setback and/or buffers may be imposed during the Special  Permit process by the Town Board.
Each and every part and/or section of the Solar Energy  System shall be setback the following minimums:
                                              
a)  300 feet from the edge of any public right-of-way.
b)  250 feet from each property line bordering the premises, which are the subject of a solar application for special use permit.
c)  350 feet from any residential premises on any adjoining property.
d)  At least 50 feet from any structure on the premises hosting the Solar Energy System.
 e)  No part of the Solar Energy System and/or its components shall exceed 35 feet in height.      
f) In the sole discretion of the Town Board, for good cause shown, after the Public Hearing the Board may vary the strict application of these regulations.
II.        Large scale solar systems shall be located on lots                    with a minimum lot size large enough to accommodate the              proposed system.
            Lot coverage – the surface area of the Solar Energy                System, including but not limited to solar panels, utility or                electronic sheds, and any other part of the System, shall be              included in Lot coverage, together with any impervious service calculations, all of which shall not exceed fifty- percent (50%) of the lot size coverage of the premises on which the Solar System is to be constructed, and which is the subject of the application and permit review.
No large-scale systems will be permitted to be located on      multiple parcels, the parcel or parcels which are the subject  of the application to host a Solar Energy Facilities System shall be under the control of the applicant, for and during the entire life expectancy of the Solar Energy Facilities   System.
VI.       h) Decommissioning Plan – All decommissioning plans submitted to the Town of Pomfret for review shall be prepared, signed and sealed by a professional engineer, licensed in the State of New York.  This requirement is in addition to the criteria set forth in Local Law No. 2 of the Year 2016.  Further, all such plans shall meet the requirements adopted/recommended by Chautauqua County Planning Dept. as then currently in effect.
Section 4 – Solar Storage Batteries
If Solar Storage Batteries are included as part of the Solar Energy Collection System, its location, placement, and maintenance shall be governed by and in accordance with the Town of Pomfret Battery Energy Storage Law, New York State Uniform Code, and all regulations promulgated under the State Code and the National Electric Code.
When storage batteries are no longer in use, they shall be properly disposed of in accordance with the law in the State of New York, and any applicable Federal, State and/or Local disposal Rules and/or Regulations.
Section 5 – Severability        The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 6 – Conflict                           In the event of conflict between existing provisions and this law, the provisions of this law shall prevail. Inconsistent provisions of existing law are deemed repealed.
Section 7– Effective Date:                This Local Law shall be effective immediately upon filing with the Secretary of State.
  • The Board discussed with Town Attorney, Jeffrey Passafaro, the edits to the zoning. Mr. Passafaro will have in final draft form for the board at their May Meeting.
  • Councilman Christy made a motion to authorize the Town Supervisor to enter into a contract with Municipal Solutions for the Lily Dale Sewer Line Replacement project. The motion was seconded by Councilman Sedota and carried unanimously.
  • Supervisor Pacos made a motion to approve the following Lily Dale Water District Water and Sewer rates. The motion was seconded by Councilman Christy and carried unanimously.
Water:
$30.00 minimum fee for up to 5,000 gallons, $5.48 per 1,000 gallon after
Sewer:
$35.00 minimum fee for up to 5,000 gallons, $7.00 per 1,000 gallon after
  • The Town of Pomfret is seeking an individual to fill the vacancy on the Town of Pomfret Board of Assessment Review. Applicant must reside in the Town of Pomfret and training is required. The deadline to submit letters of interest is April 29, 2022 to Town Board, c/o Allison Vento, 9 Day Street, Fredonia.
  • Councilwoman Eckman made a motion to authorize the Town of Pomfret to participate in the community celebration of the Fourth of July with the City of Dunkirk in an amount budged at $500.00. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The Town Board has been copied on the Zoning Board minutes presented by EvaDawn Bashaw, Planning and Zoning Clerk.
  • The Zoning Enforcement Officer, James DeJoe, has submitted his monthly reports for the months of February and March 2022.
  • The Pomfret Town Board has been invited to attend the 2022 Worker’s Memorial service Saturday, May 7, 2022 at Erlandson County Park in Frewsburg at 11:00A.M.
  • Supervisor Pacos and Councilwoman Eckman have been working with the Village of Fredonia on correction of water/sewer past billings.
COUNCIL REPORTS
  • COUNCILMAN CHRISTY
-None
  • COUNCILMAN SEDOTA
-None
  • COUNCILMAN SCHAEFFER
-None
  • COUNCILWOMAN ECKMAN
  • Councilwoman Eckman is pleased to announce the Fredonia Beaver Club is donating the art sculpture from local artist, Joe Sorci, for the center of the rounda-bout. The project is also soliciting local businesses to help with the installation, landscaping, and beautification of the project.
DULY MOVED by Councilman Schaeffer to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota and carried unanimously. Time: 7:44P.M.
Respectfully Submitted,
          
Allison Vento
Town Clerk

March 9, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. March 9, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:   John Sedota
                                       Ann Eckman
                                     Brett Christy

ABSENT:   Councilman Christopher Schaeffer
                   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
February 9, 2022 Regular Town Board Meeting. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #3 of 2022 with one addition.
Fund             Voucher #                   To                       Amount
B-General Outside    48398      Ingalls Planning & Design $5,000.00

The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE

General Fund Town Wide      $22,433.85
General Fund Part Town        $10,181.21
Highway Fund Part Town       $40,105.51
Berry Water District               $22.89
North End Water District        $120.52
Lily Dale Sewer District         $1,019.21
VB Water District                   $11,855.00
Capital Projects                       $227,808.17

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #23 of 2022 in the amount of $265,611,04 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-Absent
Councilman Christy-AYE
Councilwoman Eckman-AYE
 
TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the February 2022 report of monies received. A total of $5,953.60 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for February 2022 tax collection. A total of 2,392 bills were processed collecting $3,300,659.88.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for March 2022 is as follows:
Justice Dietzen Total Cases: 111
                        Total Fine & Surcharges: $8,908.00
                        Cases dismissed:    17

                        Justice Cerrie Total Cases: 101
                        Total Fine & Surcharges: $6,040.00
                        Cases dismissed:         21
  • The Fredonia Fire Department submitted the January 2022 report. A total of 174 calls were made with 42 being within the Town of Pomfret. The report is on file in the Clerk’s office.
  • The Fredonia Fire Department submitted the February 2022 report. A total of 171 calls were made with 37 being within the Town of Pomfret. The report is on file in the Clerk’s office. 
  • The Code Enforcement monthly report has been distributed and is on file in the Clerk’s Office.
  • A motion made by Councilman Sedota to approve as budgeted in the 2022 budget, the Town Clerk and Deputy Town Clerk to attend the New York State Town Clerks Association Annual Conference April 25,26,27, 2022. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • A motion made by Councilman Christy to approve the attendance of the Town Clerk to the IIMC (International Institute of Municipal Clerks) Conference May 23,24,25 as budgeted in the 2022 budget. The motion was seconded by Councilman Sedota and carried unanimously.
  • The Pomfret offices and buildings will be closed April 15, 2022 in observance of ‘Good Friday’.

AUDIENCE CONCERNS
  • Marcia Johnson, Fredonia resident, addressed to the board her support in renewable energy. She stated ‘change is inevitable’ and commends the board for being pro-active in their legislation.
  • Russ Siragusa, Pomfret resident, voiced his concerns with the proposed solar project on Farel Rd. His main concern is the site lines from his property. He expressed they bought the property for it’s country like setting and would not be in favor of the solar farm going in on Farel Rd.
  • Julie Bartlett, Pomfret resident, had concerns with the displacement of wildlife if the proposed solar project on Farel Rd. is approved. She also has concerns if all the agriculture land which produces food is full of solar panels, where will the food come from. She has sincere concerns with the amount of solar being placed in Chautauqua County.
  • Becky Siragusa, Pomfret resident, asked the board if the Faren Rd. solar project was an allowable use. Supervisor Pacos stated it was. She asked the board who the setbacks are in favor of. Councilwoman Eckman stated they are in favor of the residents and the Town Board takes into account all aspects of a project when proposed.
  • Paul and Debra Siebert, Pomfret residents, questioned the long-term tax benefits for the Town of Pomfret with putting in solar farms where potential residences could be placed. He believes the Town of Pomfret is better off with having houses which create tax revenue than solar fields. Mrs. Siebert questioned if studies have been conducted regarding the health hazards of installation of solar to where Mr. Pacos replied there has been. They would like the board to consider protecting the agriculture land within the Town of Pomfret and updating the water lines on Berry Rd. Supervisor Pacos stated they are continuing to work on Phase II of the North End Water District which will include all residents without current municipal water within the Town of Pomfret.
  • Jim DeJoe, Pomfret resident, asked the board if there were plans in place, in the Town’s name, if a solar project goes ‘belly up’. The answer was yes, all projects have a decommissioning plan which is updated and revised every four years of the project. The bond for the decommissioning plan is in the Town’s name. Supervisor Pacos also addressed the County of Chautauqua has put together a plan in which the Town Board will follow and adopt.
  • Marti Webster, Van Buren Point, asked if the proposed zoning changes would be made available once in final form. Mr. Pacos stated they would be once in final form from the Town Attorney and they will be available prior to a scheduled public hearing.
  • Linda Warner, Van Buren resident, asked the board the process of the public hearing and receiving the changes. Clerk Vento addressed the question stating once a public hearing is scheduled, it has to be posted within ten days of the hearing. The notice of Public Hearing is put on the town’s website, bulletin board, and published in the Observer.
  • Rachel Spangler, Fredonia resident, encouraged the board to ask the questions necessary to move the Town of Pomfret forward with renewable energy. She commended the board for having the conservations.

SUPERVISOR PACOS
  • Kevin Bliss, RIC Development, presented to the board an amended plan for the proposed solar project located at 10026 Farel Rd., Fredonia. This amended plan has increased setbacks from property lines as well as the placement of trees for screening to be closer to the stream on the property to provide a more open field road frontage. Mr. Bliss stated the trees to be planted will be 6-8 feet at time of planting with the town having say in the species which will be planted.
  • The Town Board has received from the County of Chautauqua Department of Planning and Development their referral letter for proposed Special Use Permit for a Solar Application at 10026 Farel Rd. The letter is on file with the Clerk’s Office.
  • Councilwoman Eckman made a motion to schedule a Public Hearing for the proposed Special Use Permit Solar Application, located at 10026 Farel Road, on Wednesday, April 13, 2022 at 5:30P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Christy and carried. Councilman Sedota voting ‘Nay’.
  • The board discussed the zoning amendments and have a final draft to present to Town Attorney Passafaro for final form. Supervisor Pacos will pass these along to Mr. Passafaro to have for the April meeting.
  • Councilman Christy made a motion to schedule a Public Hearing for the proposed amendments to Local law No. 2 of 2016-Amend Solar Energy Equipment and Systems Law Regulations for Wednesday, April 13, 2022 at 5:15P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The Town Board has received from the County of Chautauqua Department of Planning and Development their referral letter for the proposed Special Use Permit for a Solar Application located at 9824 Rt. 60, Fredonia. The letter is on file in the Clerk’s Office.
  • Councilwoman Eckman made a motion to approve the amended Special Use Permit from SL Fredonia, LLC for a solar photovoltaic generation facility located at 9824 Rt. 60, Fredonia. The motion was seconded by Councilman Christy and the motion carried. Councilman Sedota voting ‘Nay’.
  • Supervisor Pacos has reported he spoke with Fran Porpiglia, National Grid, about updating the street lights in the Town of Pomfret to LED. Ms. Porpiglia will have updated numbers for the board at the April meeting.
  • Councilman Christy made a motion to approve the bid based on recommendation from Clark Patterson Lee, for SJB Services, Inc. to conduct soil borings for the Van Buren Water project at a cost not to exceed $12,900.00. The motion was seconded by Councilman Sedota and carried unanimously.
 
  • Supervisor Pacos received notification from NYS Parks, Recreation and Historic Preservation that Lily Dale has been placed on the National Register of Historic Places.
  • Councilwoman Eckman made a motion to approve the following resolution. The motion was seconded by Councilman Sedota and carried unanimously.

NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is authorized to execute a Grant Agreement with NYS Environmental Facilities Corporation and any and all other contracts, documents, and instruments necessary to bring about the project and to fulfill the Town of Pomfret obligations under the Grant Agreement and,
BE IT FURTHER RESOLVBED, that the Town of Pomfret authorizes and appropriates a minimum 33.33% local match as required by the Green Innovation Grant Program (GIGP) for the Town’s Van Buren project. Under the GIGP program, this local match must be at least 33.33% of the GIGP eligible project costs of $135,000. The source of the local match and any amount in excess of the required match, shall be Rural Development Loan funds. The maximum local match shall not exceed $45,000 based upon a total estimated maximum project cost of $135,000. The Supervisor may increase this local match though the use of in-kind services without further approval from the Town of Pomfret.
  • Councilman Christy made a motion to schedule a Town of Pomfret Town Board Workshop for the purpose to discuss the water and sewer rates within the newly established Lily Dale Water District. The workshop will be Wednesday, March 30, 2022 at 6:00P.M. at the Lily Dale Fire Hall, Lily Dale, N.Y. The motion was seconded by Councilwoman Eckman and carried unanimously.  
  • Councilman Christy made a motion to approve the request for water through the North End Water District from property owner James Oakes III for service at 9620 Farel Road, Fredonia, N.Y. The application has been approved by the Fredonia Village Board. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos made a motion to authorize the Town to enter into a Vendor Agreement for the NYS Low Income Household Water Assistance Program (LIHWAP). The motion was seconded by Councilman Sedota and carried unanimously.

COUNCIL REPORTS
COUNCILMAN CHRISTY
  • Councilman Christy will be holding an Electrical Hazard Awareness Training for the Town of Pomfret and Village of Fredonia employees on March 25, 2022 at 11:00A.M. at the Pomfret Highway Barnes. All are welcome to attend.

COUNCILMAN SEDOTA
  • Councilman Sedota thanked the full audience for the participation in the nights monthly meeting. He encourages all to attend each month.
COUNCILMAN SCHAEFFER
-Absent

COUNCILWOMAN ECKMAN
  • Councilwoman Eckman updated the board on the Opera House and the Grape Belt Seniors. The Opera House has lifted their mask mandate and encourages all to utilize the marquee and the Opera House. The Grape Belt Seniors have a large participation in their activities at the Masonic Lodge. There was recently a printed schedule of activities the Grape Belt Seniors will be conducting.
  • Councilwoman Eckman has secured funding for the art piece for the center of the round-a-about from a local artist. She will work with the artist for design and landscaping moving forward.
 HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The February work report was distributed.
  • Highway Superintendent Gardner will be posting roads this week for the Town of Pomfret.
  • The Highway Department is working on receiving quotes for new lawn mowers and will have information for the April meeting.
  • Councilwoman Eckman made a motion to authorize the following as Highway Seasonal Employees. The motion was seconded by Councilman Christy and carried. Supervisor Pacos abstained.
Name                                      Address                                  Rate of Pay
Bob Siragusa       175 Gardner, Fredonia                 $13.20 per hour
Andrew Field     3509 Webster Rd., Fredonia          $13.20 per hour
Jim Lemanski   74 Risley St., Fredonia                       $13.20 per hour
Russel Conti     3622 Rt. 83, Fredonia                         $15.16 per hour
Aaron Pacos    110 Johnson St., Fredonia                  $13.20 per hour

DULY MOVED by Councilman Christy to adjourn the Regular Town Board Meeting, seconded by Councilman Sedota and carried unanimously. Time: 8:43P.M.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

February 09, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. February 9, 2022 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
                                        Christopher Schaeffer
                                         Ann Eckman

ABSENT:                       Brett Christy

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

DULY MOVED by Councilman Sedota to accept the minutes of the
January 12, 2022 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 #2 of 2022. 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
Councilman Christy-Abesent
Councilwoman Eckman-AYE

General Fund Town Wide      $23,753.28
General Fund Part Town        $17,148.37
Highway Fund Part Town       $43,203.33
Berry Water District               $221.84
Chestnut Water District          $198.83
North End Water District        $418.81
Lily Dale Sewer District         $671.03
VB Water District                   $6,681.00
Capital Projects                       $914,576.81
Pom. Fire Protection               $355,839.00
LD Fire Protection                  $30,400.00

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #22 of 2022 in the amount of $62,370.78 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-Absent
Councilwoman Eckman-AYE

 TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board the January 2022 report of monies collected. A total of $4,126.00 was collected. The report is on file in the Clerk’s Office.
  • Town Clerk Vento provided a monthly report for January 2022 of tax collection. A total of 3,240 bills were processed collecting $4,4000,019.44 for the Town/County taxes.
  • The monthly report for the Town Historian has been received and on file in the clerk’s office.
  • Pomfret Town Justice report for January 2022 is as follows:
Justice Dietzen Total Cases: 176
                        Total Fine & Surcharges: $13,422.00
                        Cases dismissed: 15   

                        Justice Cerrie Total Cases: 134
                        Total Fine & Surcharges: $10,467.00
                        Cases dismissed:         24
  • The Pomfret offices and buildings will be closed Monday, February 21, 2022 in observance of President’s Day.

AUDIENCE CONCERNS
  • Marti Webster, Van Buren Point Association Member, addressed the board concerning the zoning changes being considered. Supervisor Pacos addressed her stating they are looking to change the Lakefront Residential to allow more uses by Special Use Permit or allowable use under the proposed zoning law amendments. Mr. Pacos stated the board is not looking to increase businesses, per say, but to allow uses giving the board a say of what is allowed and not allowed. Ms. Webster thanked Mr. Pacos for his timely response to the email she had previously spent and requested, when the board schedules a public hearing, to allow residents to participate via zoom.
  • Jill Crane, Van Buren Resident asked, “Why is the board considering re-zoning now?” Councilwoman Eckman stated this has been something the board has been working on for a few years. It has nothing to do with recent sales of property or development being proposed. Ms. Crane stated she is in favor of people coming to the area and putting money into the community but has serious concerns regarding the use of vacant property and the increased traffic it could bring to the area. Ms. Eckman reiterated this is not something ‘new’ the board is considering. It has been discussed prior. She asked the residents to please give the board a chance to review the recommendations from the Planning and Zoning Boards before drawing conclusions. Ms. Crane addressed Highway Superintendent, Jude Gardner, about the lack of visibility on the corner of Van Buren Rd. and Route 5 due to snow mounds. Mr. Gardner stated he will contact the Chautauqua County to clear excess snow.
  • Julie McFarland asked the board if the site where the previous store is located, could re-open as it is zoned currently. Mr. Pacos stated, it could, but would have to go before the Zoning Board for a Use Variance Hearing. They may not meet all the criteria to move forward.
  • Linda Warner asked if the Planning Board gave their recommendations to the Town Board. Mr. Pacos replied, ‘Yes, they were received late yesterday’. Ms. Warner stated again her concern of condensed traffic in the area. She distributed to the board her response to a FOIL request she submitted to the NYS Department of Transportation, as well as her own traffic study she conducted at the intersection of Route 5 and Lake Road.
 SUPERVISOR PACOS
  • Supervisor Pacos made a motion giving consent to the Chautauqua County IDA to be the lead agency for SEQR on the proposed Special Use Permit for a large solar farm located at 10026 Farel Road, Fredonia. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • The board has directed Town Attorney, Jeffrey Passafaro, to draft language regarding the setback requirements for solar projects. Mr. Passafaro will have the language to the board to review and schedule a public hearing at next month’s meeting. The board spoke with the representative of RIC Development for the 10026 Farel Road Solar Project. The board will get their changes on setbacks to their team so their site plans can be revised to meet the future requirements under local law.
  • The Pomfret Town Board has not received referral from the Chautauqua County Planning and Development Board on the proposed solar project located at 9824 Rt. 60. Attorney Passafaro will send correspondence so the board may act at next month’s meeting to approve or deny the Special Use Permit.
  • Councilwoman Eckman made a motion to approve the agreement with the County of Chautauqua for the Salt Storage Facility Project. The motion was seconded Councilman Sedota and carried unanimously.
  • Councilman Sedota made the motion to approve the following resolution of a budget modification for the Lily Dale Water District. The motion was seconded by Councilman Schaeffer and carried unanimously.
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Lily Dale Water Project (“Project”); and
WHEREAS, the Town Board wishes to adjust project budget items to more accurately reflect actual costs and;
WHERAS, Rural Development Requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E; NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Pomfret authorizes the following Budget Modifications for the Project;
Single Audits              Increase of      $7,718.00
Direct Expenditures    Increase of      $4,032.64
Contingency                Decrease of     $11,750.64
 
  • The following resolution was approved by Councilwoman Eckman and seconded by Councilman Schaeffer. The motion carried unanimously.
RESOLUTION, DATED FEBRUARY 9, 2022, OF THE TOWN BOARD OF THE TOWN OF POMFRET, CHAUTAUQUA COUNTY, NEW YORK (THE “TOWN”) ADOPTING POST-ISSUANCE TAX COMPLIANCE PROCEDURES

WHEREAS, the Internal Revenue Service has issued regulations requiring issuers of tax-exempt obligations to certify on various forms that they actively monitor compliance with federal tax rules following the issuance of such obligations; and
WHEREAS, the Town is a periodic issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of the preferential tax status of those obligations; and
WHEREAS, it is therefore in the best interest of the Town to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; and
WHEREAS, Hodgson Russ LLP, as bond counsel to the Town, has prepared (and has recommended that the Town adopt) post-issuance tax compliance procedures;
NOW THEREFORE, BE IT RESOLVED, that the Town hereby adopts the post-issuance tax compliance procedures that are attached hereto as “Schedule A” and resolves to be governed thereby; and be it further
RESOLVED, that the below Schedule A will be placed in its entirety in the official records, files and minutes of the Town and adhered to going forward; and be it further
RESOLVED, that this resolution shall take effect immediately upon its adoption.

Schedule A

TOWN OF POMFRET,
CHAUTAUQUA COUNTY, NEW YORK

Post-Issuance Tax Compliance Procedures
for Tax-Exempt Bonds and Notes

Statement of Purpose
These Post-Issuance Tax Compliance Procedures (the “Procedures”) set forth specific procedures of the Town of Pomfret, Chautauqua County, New York (the “Issuer”) designed to monitor, and ensure compliance with, certain requirements of the Internal Revenue Code of 1986, as amended (the “Code”) and the related Treasury regulations promulgated thereunder (the “Treasury Regulations”) in connection with the Issuer’s issuance of tax-exempt bonds and notes (“Obligations”).
These Procedures describe various systems designed to identify, on a timely basis, facts relevant to demonstrating compliance with the requirements that must be satisfied subsequent to the issuance of Obligations to ensure that the interest on such Obligations is eligible for exclusion from gross income for federal income tax purposes.  The federal tax law requirements applicable to the Obligations will be described in the tax questionnaire and/or tax certificate prepared by bond counsel and signed by officials of the Issuer.  These Procedures establish a permanent, ongoing structure of practices that will facilitate compliance with the requirements for individual borrowings.
To ensure compliance with applicable federal tax requirements, the Issuer must monitor the various direct and indirect uses of proceeds of the obligation and the investment of such proceeds, including but not limited to:
(1) Monitoring the use of financed property over the life of the obligation.
(2) Determining the sources of debt service payments and security for the obligation.
(3) Calculating the percentage of any nonqualified use of the financed property.
(4) Calculating the yield on investments of proceeds.
(5) Determining appropriate restrictions on investments.
(6) Determining the amount of any arbitrage on the investments.
(7) Calculating any arbitrage rebate payments that must be paid to the U.S. Treasury.
The Issuer recognizes that compliance with the pertinent law is an on-going process, necessary during the entire term of the Obligations.  Accordingly, the implementation of the Procedures will require on-going monitoring and consultation with bond counsel and the Issuer's accountants and municipal advisor.
General Procedures
The following procedures relate to monitoring post-issuance tax compliance generally.
A.        The Town Supervisor, currently Daniel Pacos (the “Compliance Officer”), shall be responsible for monitoring post-issuance tax compliance issues.
B.        The Compliance Officer will coordinate procedures for record retention and review of such records.
C.        All documents and other records relating to Obligations must be maintained by or at the direction of the Compliance Officer.  In maintaining such documents and records, the Compliance Officer will comply with applicable Internal Revenue Service (“IRS”) requirements, such as those contained in Revenue Procedure 97-22 (see the reference materials presented herewith, referred to herein as “Reference Materials”).
D.        The Compliance Officer shall be aware of remedial actions under Section 1.141‑12 of the Treasury Regulations (see Reference Materials) and the Treasury's Tax‑Exempt Bonds Voluntary Closing Agreement Program (VCAP) and take such corrective action when necessary and appropriate.
E.         The Compliance Officer will review post-issuance tax compliance procedures and systems on a periodic basis, but not less than annually.
F.         The Compliance Officer will be responsible for training any designated officer or employee who is delegated any responsibility for monitoring compliance pursuant to this procedure.  To the extent the Compliance Officer needs training or has any questions with respect to any item in this procedure, he or she should contact bond counsel and/or Issuer’s accountants and advisors.  The IRS recognizes that the Compliance Officer and any delegated individual are not expected to act as lawyers who know the proper response to all compliance situations that may arise, but they should be familiar enough with federal tax issues that they know when to ask for legal or other compliance advice.
Issuance of Obligations: Documents and Records
With respect to each issue of Obligations, the Compliance Officer will:
A.        Obtain and store a closing binder and/or CD or other electronic copy of the relevant and customary transaction documents (the "Transcript").
B.        Confirm that the applicable information reports (e.g., Form 8038 series) for such issue are filed timely with the IRS.  Issuer should consult with their accountants and/or bond counsel with questions regarding the filing of such forms.
C.        Coordinate receipt and retention of relevant books and records with respect to the investment and expenditure of the proceeds of such Obligations.
Arbitrage
The following procedures relate to the monitoring and calculating of arbitrage and compliance with specific arbitrage rules and regulations.
The Compliance Officer will:
A.        Confirm that a certification of the initial offering prices of the Obligations with such supporting data, if any, required by bond counsel, is included in the Transcript.
B.        Confirm that a computation of the yield on such issue from the Issuer's municipal advisor or bond counsel (or an outside arbitrage rebate specialist) is contained in the Transcript.
C.        Maintain a system for tracking investment earnings on the proceeds of the Obligations.
D.        Coordinate the tracking of expenditures, including the expenditure of any investment earnings.  If the project(s) to be financed with the proceeds of the Obligations will be funded with multiple sources of funds, confirm that the Issuer has adopted an accounting methodology that maintains each source of financing separately and monitors the actual expenditure of proceeds of the Obligations.
E.         Maintain a procedure for the allocation of proceeds of the issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures.  This procedure shall include an examination of the expenditures made with proceeds of the Obligations within 18 months after each project financed by the Obligations is placed in service and, if necessary, a reallocation of expenditures in accordance with Section 1.148-6(d) of the Treasury Regulations (see Reference Materials).
F.         Monitor compliance with the applicable "temporary period" (as defined in the Code and Treasury Regulations) exceptions for the expenditure of proceeds of the issue, and provide for yield restriction on the investment of such proceeds if such exceptions are not satisfied.
G.        Ensure that investments acquired with proceeds of such issue are purchased at fair market value.  In determining whether an investment is purchased at fair market value, any applicable Treasury Regulation safe harbor may be used.
H.        Avoid formal or informal creation of funds reasonably expected to be used to pay debt service on such issue without determining in advance whether such funds must be invested at a restricted yield.
I.          Consult with bond counsel prior to engaging in any post-issuance credit enhancement transactions or investments in guaranteed investment contracts.
J.          Identify situations in which compliance with applicable yield restrictions depends upon later investments and monitor implementation of any such restrictions.
K.        Monitor compliance with six-month, 18-month or 2-year spending exceptions to the rebate requirement, as applicable.
L.         Procure a timely computation of any rebate liability and, if rebate is due, to file a Form 8038-T and to arrange for payment of such rebate liability.
M.        Arrange for timely computation and payment of "yield reduction payments" (as such term is defined in the Code and Treasury Regulations), if applicable.
Private Activity: Use of Proceeds
The following procedures relate to the monitoring and tracking of private uses and private payments with respect to facilities financed with the Obligations.
The Compliance Officer will:
A.        Maintain records for determining and tracking facilities financed with specific Obligations and the amount of proceeds spent on each facility.
B.        Maintain records, which should be consistent with those used for arbitrage purposes, to allocate the proceeds of an issue and investment earnings to expenditures, including the reimbursement of pre-issuance expenditures.
C.        Maintain records allocating to a project financed with Obligations any funds from other sources that will be used for otherwise non-qualifying costs.
D.        Monitor the expenditure of proceeds of an issue and investment earnings for qualifying costs.
E.         Monitor private use of financed facilities to ensure compliance with applicable limitations on such use.  Examples of potential private use include:
1.         Sale of the facilities, including sale of capacity rights;
2.         Lease or sub-lease of the facilities (including leases, easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers) or leasehold improvement contracts;
3.         Management contracts (in which the Issuer authorizes a third party to operate a facility, e.g., cafeteria) and research contracts;
4.         Preference arrangements (in which the Issuer permits a third party preference, such as parking in a public parking lot);
5.         Joint-ventures, limited liability companies or partnership arrangements;
6.         Output contracts or other contracts for use of utility facilities (including contracts with large utility users);
7.         Development agreements which provide for guaranteed payments or property values from a developer;
8.         Grants or loans made to private entities, including special assessment agreements; and
9.         Naming rights arrangements.
Monitoring of private use should include the following:
1.         Procedures to review the amount of existing private use on a periodic basis but not less than annually; and
2.         Procedures for identifying in advance any new sale, lease or license, management contract, sponsored research arrangement, output or utility contract, development agreement or other arrangement involving private use of financed facilities and for obtaining copies of any sale agreement, lease, license, management contract, research arrangement or other arrangement for review by bond counsel.
If the Compliance Officer identifies private use of facilities financed with tax-exempt debt, the Compliance Officer will consult with bond counsel to determine whether private use will adversely affect the tax status of the issue and if so, what remedial action is appropriate.  The Compliance Officer should retain all documents related to any of the above potential private uses.
Reissuance
The following procedures relate to compliance with rules and regulations regarding the reissuance of Obligations for federal law purposes.
The Compliance Officer will identify and consult with bond counsel regarding any post-issuance change to any terms of an issue of Obligations which could potentially be treated as a reissuance for federal tax purposes.
Record Retention
The following procedures relate to retention of records relating to the Obligations issued.
The Compliance Officer will:
A.        Coordinate with staff regarding the records to be maintained by the Issuer to establish and ensure that an issue remains in compliance with applicable federal tax requirements for the life of such issue.
B.        Coordinate with staff to comply with provisions imposing specific recordkeeping requirements and cause compliance with such provisions, where applicable.
C.        Coordinate with staff to generally maintain the following:
1.         The Transcript relating to the transaction (including any arbitrage or other tax questionnaire, tax regulatory agreement, and the bond counsel opinion);
2.         Documentation evidencing expenditure of proceeds of the issue;
3.         Documentation regarding the types of facilities financed with the proceeds of an issue, including, but not limited to, whether such facilities are land, buildings or equipment, economic life calculations and information regarding depreciation;
4.         Documentation evidencing use of financed property by public and private entities (e.g., copies of leases, management contracts, utility user agreements, developer agreements and research agreements);
5.         Documentation evidencing all sources of payment or security for the issue; and
6.         Documentation pertaining to any investment of proceeds of the issue (including the purchase and sale of securities, yield calculations for each class of investments, actual investment income received by the investment of proceeds, guaranteed investment contracts, and rebate calculations).
D.        Coordinate the retention of all records in a manner that ensures their complete access to the IRS.
E.         Keep all material records for so long as the issue is outstanding (including any refunding), plus seven years.
  • The Town will be advertising for a part-time assistant to the Code Enforcement Officer.
  • Supervisor Pacos made a motion to authorize the purchase of a printer, two monitors, and two webcams for the Assessor’s office from the ARLM Equipment Reserve Fund at a cost not to exceed $7,166.00. The motion was seconded by Councilwoman Eckman and carried unanimously.
  • Supervisor Pacos received word from Fran Porpiglia, Representative of National Grid, the updated numbers for the LED lighting will be presented at next month’s meeting.
  • The Town of Pomfret Board is responding to the indoor mask mandate updated by Governor Hocohul. The Pomfret Town hall will still require masks inside to conduct town business.
  • The Town Board has received cannabis sample laws from Town Attorney Passafaro. The board will review and share with the Planning Board for their recommendations.
COUNCIL REPORTS
COUNCILMAN CHRISTY
-Absent

COUNCILMAN SEDOTA
  • Councilman Sedota asked if the Pomfret Highway Department had the equipment to lend to the Village of Fredonia to help with plowing the sidewalks. Mr. Gardner replied the town does not have a sidewalk plow. The highway is, however, helping with the snow removal within the Village of Fredonia.

COUNCILMAN SCHAEFFER
-None

COUNCILWOMAN ECKMAN
-None

HIGHWAY SUPERINTENDENT JUDE GARDNER
  • The January work report was distributed.
  • Mr. Gardner would like to wait on the purchase of a new pick -up truck due to lack of inventory and incentives. He will wait until the fall for hopes of better options and pricing.
  • The fuel system is failing. After a discussion, the board is seeking advice from Clark Patterson Lee if the fuel system and electrical upgrades can be rolled into the salt storage shed project. Mr. Gardner will send all information to Eric Weis for their review.
  • Clark Patterson Lee, engineers for the salt storage facility, will be notified to move forward and obtain specs for the future building.

TOWN ATTORNEY PASSAFARO
  • There is one settlement in the works with the Assessor and Town Attorney. As it develops, Mr. Passafaro will report to the board.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value, with no action to be taken during the executive session. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:53 P.M.

Executive session began at 7:59P.M.

DULY MOVED by Councilwoman Eckman to exit the executive session and return to the regular town board meeting to adjourn. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:14 P.M.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 12, 2022 Regular Town Board Meeting Minutes

            REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. January 12, 2022 at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y.

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

                                              
COUNCILPERSONS:       John Sedota
                                         Brett Christy
                                         Christopher Schaeffer

ABSENT:           Highway Superintendent Jude Gardner
                           Councilwoman Ann Eckman

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

DULY MOVED by Councilman Christy to accept the minutes of the December 08, 2021 Public Hearing-Pomfret Fire Contract. The motion was seconded by Councilman Sedota and carried unanimously.

DULY MOVED by Councilman Sedota to accept the minutes of the
December 08, 2021 Regular Town Board Meeting. The motion was seconded by Councilman Schaeffer, the motion carried unanimously.

DULY MOVED by Councilman Schaeffer to accept the minutes of the January 3, 2022 Organizational Meeting Minutes. The motion was seconded by Councilman Christy and carried unanimously.

DULY MOVED by Supervisor Pacos and seconded by Councilman Sedota to approve the payment of bills on abstract #13 of 2021. The motion was carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

General Fund Town Wide      $7,480.97
General Fund Part Town        $6,449.11
Highway Fund Part Town       $21,393.02
Berry Road Water District      $58.49
Chestnut Road Water District $35.50
North End Water District        $129.82
Lily Dale Sewer District         $3,414.11
VB Water District                   $4,300.00
Capital Projects                       $2,500.00


DULY MOVED by Supervisor Pacos and seconded by Councilman Schaeffer to approve the payment of bills on abstract #213 of 2021 in the amount of $47,235.98 for the Chadwick Bay Intermunicipal Waterworks. The motion carried by roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedoda -AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent


DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #1 of 2022. 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
Councilman Christy-AYE
Councilwoman Eckman-Absent

General Fund Town Wide      $14,305.34
General Fund Part Town        $8,210.32
Highway Fund Part Town       $85,325.24
Berry Water District               $5,951.17
Chestnut Water District          $1,912.44
North End Water District        $24,240.80
Rt. 20 Water District               $57.84
Rt. 20 Sewer District              $170.13
Rt. 60 Water District               $2,946.01
Rt. 60 Sewer District              $2,694.15
Lakeview Sewer                     $68.61
Sewer District #1                    $1,167.20
Sewer District #2                    $950.79
Lily Dale Sewer District         $145.92
VB Water District                   $4,645.00
Capital Projects                       $2,612.45

DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #21 of 2022 in the amount of $ for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilman Christy and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Sedota-AYE
Councilman Schaeffer-AYE
Councilman Christy-AYE
Councilwoman Eckman-Absent

TOWN CLERK REPORTS
  • Town Clerk Vento provided to the Pomfret Board an annual report of all monies collected thru the office in 2021. A total of $121,820.70. A copy of the report is on file with Town Clerk Vento.
  • Town Clerk Vento provided to the Pomfret Board the December 2021 report of monies collected. A total of $8,156.20 was collected. The report is on file with the Clerk’s Office.
  • Pomfret Town Justice report for December 2021 is as follows:
Justice Dietzen Total Cases:137
                        Total Fine & Surcharges: $11,272.00
                        Cases dismissed:              21

                        Justice Cerrie Total Cases: 136
                        Total Fine & Surcharges: $10,643.00
                        Cases dismissed:         31
  • The Annual Historian Report for the year 2021 has been distributed to the board and is on file in the Clerk’s office.
  • Cemetery Sexton, Ann Renckens, provided to the board a report of all cemetery activity for the year 2021. The repot 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 2021. The report is on file with the Clerk’s Office.
  • The Fredonia Fire Department month of November 2021 report has been filed with the Clerk. A total of 150 calls were made with 33 being within the Town of Pomfret.
  • The Fredonia Fire Department month of December 2021 report has been filed. A total of 161 calls were made with 45 being within the Town of Pomfret.
  • The 2021 Annual Report for the Fredonia Fire Department has been filed with the Clerk. A total of 1,889 calls were made with 418 being within the Town of Pomfret.
  • The Pomfret Offices will be closed Monday, January 17, 2022 in observance of Martin Luther King Jr.

AUDIENCE CONCERNS
  • Linda Warner addressed the board and reiterated that the public hearing, when scheduled, for proposed zoning amendments be made available via zoom as well as in person. The procedure of a public hearing was outlined for Ms. Warner at the time any members of the public will be heard by the Pomfret Town Board in regards to the matter of the public hearing.

SUPERVISOR PACOS
  • Councilman Christy made a motion to authorize Supervisor Pacos to enter into the Host Community Agreement for the Rak Solar project located at 10277 Christy Rd., Fredonia. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • The 9824 Rt. 60, Rak Solar Application is still waiting for the applicant to submit documents so Chautauqua County Planning and Development can make their referral to the town for action on the special use permit.
  • The Lily Dale Assembly has made it to the next step in being designated as a historic district. The nomination is being forwarded to the ‘Keeper of the National Register’ in Washington D.C.
  • The salt barn at the highway barn was discussed and tabled for next month’s meeting.
  • Kevin Bliss, RIC Energy, was present to help with questions with a recent application submitted for a solar farm located at 10026 Farel Road. After a brief discussion, the board will take the time before the next meeting to review plans, speak with the code enforcement officer and report back at February’s meeting. There are questions about the set backs to neighboring properties. The board would like confirmation the project meets all zoning requirements.
  • Councilman Sedota made a motion to approve the following resolution. The motion was seconded by Councilman Christy and carried unanimously.
RPTL SECTION 467 AND 459-c RENEWAL
WHEREAS, the State of New York by executive order has provided that for the Tax Year 2022, an assessing unit may waive the mandatory renewal requirement for the exemptions provided under RPTL Section 467 and Section 459-c for the 2022 Assessment Roll by Board resolution, and
WHEREAS, the Town Board of the Town of Pomfret does desire to waive the in-person, mandatory renewal requirement,
it is RESOLVED that the Town of Pomfret does hereby opt to waive the mandatory renewal for the Real Property Tax exemptions under Section 459-c and Section 467 for the 2022 Assessment Roll.
  • The Town of Pomfret and Village of Fredonia will be receiving a delivery for covid test kits and masks from the Chautauqua County Health Department to distribute to the residents. The distribution will be Saturday, January 15th from 9:00-11:00A.M. outside of Pomfret Town hall. Residents will need to provide proof of residency.
  • Supervisor Pacos has been working with Sexton, Ann Renckens, in regards to the new section of Webster Cemetery. They would like to see the new section re-surveyed and pinned before selling any plots. As this project progresses, Supervisor Pacos will report to the board.
  • The NYS DOT held a public hearing for the widening of Rt. 60 between Lakeview Ave and Rt. 83 in the Town of Pomfret. This project will include widening the road and including a turning lane. The meeting was well attended and the project is moving forward.
  • Councilman Christy made a motion to approve the Agreement to Spend Town Highway Funds per Section 284 of the Highway Law as outlined by Highway Superintendent, Jude Gardner.  The motion was seconded by Councilman Sedota and carried unanimously.
  • Councilman Christy made a motion to authorize the highway superintendent to purchase a v-sander for the new F-550 in an amount not to exceed $7,560.00 from Cyncon in Rochester, New York. The motion was seconded by Councilman Schaeffer and carried unanimously.
  • Councilman Sedota made a motion to accept the Justice Court books for the 2021 fiscal year. Supervisor Pacos has given the board a copy of the reports for their review. The motion was seconded by Councilman Christy and carried unanimously.

COUNCILMAN CHRISTY
  • The street lighting upgrade within the town is moving forward. National Grid is proving new numbers for the project. One the new quote is received; Mr. Christy will report to the board.

COUNCILMAN SEDOTA
  • Mr. Sedota received an email from Mia Thompson in regards to Alzheimer’s support. It was requested to provide a link for residents on the town’s website. After careful consideration, it is not in the boards favor to provide an outside, unsecure, link on the town’s website. She has been advised to reach out to local health care facilities.

COUNCILMAN SCHAEFFER
-none-

COUNCILWOMAN ECKMAN
-Absent

HIGHWAY SUPERINTENDENT JUDE GARDNER
-Absent

TOWN ATTORNEY PASSAFARO
  • Mr. Passafaro stated he is working with the assessor on three tax grievances brought before the town. He will keep the board updated throughout the process of these court cases.
 DULY MOVED by Supervisor Pacos to leave the regular town board meeting to enter into executive session for the purpose of acquisition, lease or sale of real property or securities when publicity would substantially affect the value, with no action to be taken during the executive session. The motion was seconded by Councilman Sedota and carried unanimously. Time: 7:20P.M.

DULY MOVED by Councilman Sedota to exit the executive session and return to the regular town board meeting. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 7:43P.M.

With no further action before the board, Councilman Schaeffer made a motion to adjourn the Regular Town Board Meeting at 7:44P.M., seconded by Councilman Sedota and carried unanimously.

Respectfully Submitted,
          
Allison Vento
Town Clerk
 

January 3, 2022 Organizational Meeting Minutes

TOWN OF POMFRET
ORGANIZATIONAL MEETING
JANUARY 3, 2022 at 5:03P.M.

                                    Supervisor Daniel Pacos
Present:                      Town Clerk Allison Vento
                                                                                  
Councilpersons:       
                                    Councilman Christopher Schaeffer
                                    Councilman Brett Christy

Absent:                       Councilwoman Ann Eckman
                                    Councilman John Sedota
                                 
Supervisor Pacos began the Organizational meeting with the Pledge to the Flag.
                                 
APPROVAL OF SALARIES FOR ELECTED OFFICIALS

Supervisor                                           $ 12,000
Councilperson                         (4)        $ 4,500 (each)
Town Justices                          (2)        $16,500(each)
Town Clerk                                         $43,637
Highway Superintendent                     $68,675

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy 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 Harry Centner to serve
on the Board of Assessment Review:

Alan Shaw                             9/30/2022
Vacant                                    9/30/2023
Roger Renswick                    9/20/2024
Michaelene Comerford         9/30/2025
Harry Centner                       9/30/2026

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

APPOINT DEPUTY SUPERVISOR AND SET SALARY 

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

DULY MOVED by Supervisor Pacos, seconded by Councilman Schaeffer and carried unanimously.

APPOINT DEPUTY TOWN CLERK/DEPUTY TAX RECEIVER 

Town Clerk Vento appoints Ann Renckens as Deputy Town Clerk and Deputy Tax Receiver.

DULY MOVED by Supervisor Pacos, seconded by Councilman Christy and carried unanimously.

APPOINT DEPUTY HIGHWAY SUPERINTENDENT

Highway Superintendent Jude Gardner appoints Jeff O’Brien as Deputy HighwaySuperintendent at the rate of $1.00 perhour in addition to his hourly rate.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy and carried unanimously.
APPOINTMENTS AND SALARIES AS FOLLOWS:
Jeanne Ebersole – Assessor         $88,000 per year
*The subject of a multi-municipal shared service agreement
Kathy Ludemann-Assessor Clerk       $17.97 per hour
Board of Assessment Review             $13.40 per hour
Warren Kelly-Code/Inspection Officer $16,727.00 per year
Warren Kelly-Fire Inspector           $5,279.00 per year
James DeJoe-Zoning Officer            $7,436.00per year
EvaDawn Bashaw-Secretary for Zoning & Plan. Sec.$17.05 per hour
Allison Vento  -Civil Defense Officer     $150.00 per year
Miriam Washington-Court Clerk           $17.30 per hour
Heidi Sobecki- Court Clerk                     $15.25 per hour
Mark Dietzen  -Court Officer                 $16.27 per hour
David Pleszewski-Court Officer            $16.27 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
Ann Renckens -Deputy Town Clerk  $16.55 per hour
Allison Vento -Receiver of Taxes      $6,100.00 per year
Ann Renckens-Deputy Tax Receiver $3,000.00 per year
Jeffrey Passafaro-Town Counsel       $145.00/175.00 per hour
Bahgat & Laurito-Bahgat-Bookkeeping Services Contract   $16,000.00 per year
Ann Renckens-Pomfret Cemetery Sexton $16.55 per hour
Jude Gardner   -Cemetery Maintenance Supervisor  $2,800.00 per year
Dennis Maslak                 $29.99 per hour
Loren Laurito                    $29.41 per hour
Jeff O’Brien (includes $1.00/hr. for Deputy. Highway Superintendent)      $30.30 per hour
David Dunlap           $29.26 per hour
Jeff Abbey                 $24.72 per hour
Paul Kingsbury        $24.72 per hour
Tyler Haynes           $23.48 per hour
Jude Gardner   -Public Works Sup. $2,400.00 per year
Jude Gardner   -Water Dist. System Operator  $2,000.00 per year
Loren Laurito -Water Dist. System Operator   $2,000.00 per year
Allison Vento –Water Dist. System Clerk          $2,000.00 per year
John Bell-Lily Dale Sewage Treatment Plant Operator         $15,985.00 per year
John Paul Long- Dog Control Officer   $3,300.00 per year
Jude Gardner-Dog Control Officer       $3,300.00 per year
Todd Langworthy-Town Historian      $1,300.00 per year
Allison Vento -Web Master                  $500.00 per year
Allison Vento - Server Backup             $500.00 per year
Cleaner                                                  $275.00 per month
Kayla Sullivan -Recreation Director   $2,400.00 per year

DULY MOVED by Councilman Christy, seconded by Councilman Schaeffer 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 HighwayDepartment employees working a minimum of 40 scheduled hours per week be eligiblefor 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
1. No paid vacation allowed during first full year.
2. 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 Schaeffer, seconded by Councilman Christy 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 annualpremium 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 thepremium cost without contribution from the Town of Pomfret.

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

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

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

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

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

DULY MOVED by Councilman Christy, 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 the Town of Pomfret.

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

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy 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 Schaeffer, seconded by Councilman Christy 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 allowance, including
steel-toed work shoes
or boots, of $150.00 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 Christy, seconded by Councilman Schaeffer and carried unanimously.

TOWN PROCUREMENT POLICY

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

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

TOWN DEPOSITORIES

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

DULY MOVED by Supervisor Pacos, seconded by Councilman Christy 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 Schaeffer, seconded by Councilman Christy and carried unanimously.

MILEAGE REIMBURSEMENT

The mileage reimbursement is set at $ .585 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 Christy, seconded by Councilman Schaeffer and carried unanimously.

TOWN PLANNING BOARD

RATE OF PAY
The Town Planning Board Chairperson and members be paid
 $1,000.00 and $500.00 respectively for the year 2022, with each term expiring the second Wednesday in January of the
year listed below and with the reappointment of Janet Szymanski to serve on the Town Planning Board.
MEMBERS                 YEAR
Heather Lesch             2023
James Joy-Chairman   2024
Robert Smith               2025
Travis Eckstrom          2026
Janet Szymanski          2027

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy and carried unanimously.
ZONING BOARD OF APPEALS

 RATE OF PAY
The Zoning Board of Appeals Chairperson and members be paid
$1,000.00 and $500
respectively for the year 2022, with each term expiring the second Wednesday in January of the
year listed below and re-appointment of Michaelene Comerford:

MEMBERS                            YEAR
Robert Reuther                        2022
Matthew Estep                        2023
David Fridmann-Chairman     2024
Raymond Lewandowski         2025
Ruth Eckstrom                        2026
Michaelene Comerford           2027

DULY MOVED by Councilman Schaeffer seconded by Councilman Christy 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, 2022.

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

TOWN BOARD MEETING DATE & TIME

The regular monthly meeting of the Pomfret Town Board is held
the second Wednesday
of each month at the Town Hall, 9 Day Street, Fredonia, New York at 6:30 PM, 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 PM, as needed.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy 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 2022.

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


CEMETERY FEES

TOWN CEMETERIES
Cemetery Lot/Grave                                                   $625.00
Opening/Closing (Burial)                                            $650.00
Cremains Burial                                                          $350.00
Grave Opening (Cremation; Sat./Sun./Holidays)       $500.00
Grave Opening (Sat./Sun./Holidays)                           $900.00

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                                     $.65
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

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy 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 in excess of
 $5,000.00 for the purchase of
equipment, tools and implements without prior approval of the
board.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy 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 2022.

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

LILY DALE SEWER DISTRICT CHAIRPERSON & VICE-CHAIRPERSON
Appoint Councilman Brett Christy as Chairperson of the Lily Dale Sewer District for the year
2022 at a pay rate of $600.00 and Supervisor Pacos is appointed Vice-Chairperson,
with no financial compensation.

DULY MOVED by Councilman Schaeffer, seconded by Supervisor Pacos and carried unanimously.


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 2022 at a rate of
$500.00 for the year.

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

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

Regional Planning       Pacos               Christy
Special Districts          Pacos
(Excluding Lily Dale)
DULY MOVED by Councilman Christy, seconded by Councilman Schaeffer to approve the Supervisor’s committee appointments. The motion carried unanimously.

DULY MOVED by Councilman Schaeffer, seconded by Councilman Christy to adjourn the meeting at 5:20P.M.  The motion carried unanimously.


Respectfully Submitted,

Allison Vento