July 10, 2024 Regular Town Board Meeting Minutes
REGULAR MEETING of the Town Board of the Town of Pomfret held at 6:30 P.M. July 10, 2024, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Christopher Schaeffer
Adam Rak
Ann Eckman
John Sedota
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.
DULY MOVED by Councilwoman Eckman to accept the minutes of the June 12, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE
General Fund Town Wide $17,716.69
General Fund Part Town $18,168.76
Highway Fund Part Town $187,907.11
Berry Water District $68.10
Chestnut Water District $45.00
North End Water District $113.72
Lily Dale Water District $5,790.15
Lily Dale Sewer District $345.35
Capital Projects $16,081.00
Pomfret Fire Protection $59,909.00
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-7 of 2024 in the amount of $106,044.14 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE
TOWN CLERK REPORTS
Total Fines & Surcharges: $7,972.00
Cases dismissed: 26
1). 272 24” Bar
2). 137 16” Bar
3). 36 16” Bar
SUPERVISOR PACOS
(1)The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the date of filing of the Notice of Intent by the municipality.
Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, special permit) is needed to move forward with project plans and the governing body has approved the action. If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a “subdivision,” in part, as “any tract of land which is divided into five or more parcels.” Water and/or sewer service will not be provided to more than a total of four residences, buildings and/or structures on any tract of land which has been divided into parcels after the date of filing of the NOI by the municipality, where no local approval is required and the land is located within a county adopted, State certified agricultural district.
(2) If a significant hardship can be shown by an existing resident, the lateral restriction to the resident’s property may be removed by the municipality upon approval by the Department. It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service. The municipality shall develop a hardship application to be filed with the municipality, approved by the County Department of Health, and agreed to by the Department of Agriculture and Markets.
(3) If it can be demonstrated to the Department’s satisfaction that the landowner requested the county to remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, lateral restrictions may be removed by the municipality if the Department determines that the removal of the restriction for the subject parcel(s) would not have an unreasonably adverse effect on the agricultural district.
(4) If land is removed from a county adopted, State certified agricultural district and the district has been reviewed by the county legislative body and certified by the Commissioner for modification, lateral restrictions imposed by the municipality are no longer in effect for the parcels of land that have been removed from the agricultural district.
WHEREAS the Town of Pomfret recognizes the threat that natural hazards pose to people and property within Town of Pomfret; and
WHEREAS the Town of Pomfret has prepared a multi-hazard mitigation plan, hereby known as the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the Town of Pomfret from the impacts of future hazards and disasters; and
WHEREAS adoption by the Pomfret Town Board demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE Town of Pomfret, N.Y., THAT:
Section 1. In accordance with (local rule for adopting resolutions), the Pomfret Town Board adopts the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024. This plan, approved by the community, may be edited or amended after submission for review, but will not require the community to re-adopt any further iterations. This only applies to this specific plan and does not absolve the community from updating the plan in five years.
COUNCILMAN RAK
-No report
COUNCILMAN SEDOTA
-No report
COUNCILMAN SCHAEFFER
Resolution Regarding Settlement of Article 7 Tax Case, Fredonia Development Co., LLC
WHEREAS, the Fredonia Development Co., LLC brought an Article 7 Tax certiorari case against the Town of Pomfret concerning its property at 50 Howard Street, also known as SBL: 130.07-1-43, seeking a reduction of its assessed valuation, and
WHEREAS, the Town of Pomfret and its Assessor appeared in this matter and contested, and
WHEREAS, the matter was assigned to the State Supreme Court, Erie County, where the parties participated in multiple court conferences, and
WHEREAS, the parties have reached a settlement of all matters arising from this litigation, and
WHEREAS, the Town Assessor and Attorney have recommended the settlement to the Town Board,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby approve the settlement reached in this litigation and further approves that the assessed valuation be compromised at Five Hundred, Forty-Five Thousand ($545,000.00) Dollars prospective, for the tax years 2024-2028 under Section 727 of Real Property Tax Law, said settlement be without refunds, and it is further
RESOLVED, that the Town Attorney and Assessor are authorized to execute any and all settlement agreements and consents.
DULY MOVED by Councilman Sedota to exit the Regular Town Board Meeting and enter Executive Session for the purpose of discussing real estate for a new Town Hall with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:00 P.M.
DULY MOVED by Councilwoman Eckman to close the Executive Session and return to the Regular Town Board meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:14P.M.
DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 8:14 P.M., seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk
Supervisor Daniel Pacos
Town Clerk Allison Vento
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Christopher Schaeffer
Adam Rak
Ann Eckman
John Sedota
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.
DULY MOVED by Councilwoman Eckman to accept the minutes of the June 12, 2024 Regular Town Board Meeting. The motion was seconded by Councilman Rak carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #7 of 2024. The motion was seconded by Councilman Sedota and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-AYE
Councilman Sedota-AYE
Councilwoman Eckman-AYE
General Fund Town Wide $17,716.69
General Fund Part Town $18,168.76
Highway Fund Part Town $187,907.11
Berry Water District $68.10
Chestnut Water District $45.00
North End Water District $113.72
Lily Dale Water District $5,790.15
Lily Dale Sewer District $345.35
Capital Projects $16,081.00
Pomfret Fire Protection $59,909.00
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #2-7 of 2024 in the amount of $106,044.14 for Chadwick Bay Intermunicipal Waterworks. The motion was seconded by Councilwoman Eckman and carried by a roll call vote.
Roll Call:
Supervisor Pacos-AYE
Councilman Schaeffer-AYE
Councilman Rak-AYE
Councilwoman Eckman-AYE
Councilman Sedota-AYE
TOWN CLERK REPORTS
- Town Clerk Vento provided to the Pomfret Board the June 2024 report of monies collected. A total of $24,064.00 was collected. The report is on file with the Clerk’s Office.
- Town Clerk Vento has received the Certificate of Satisfaction from Chautauqua County for the 2024 Town/County Tax year.
- Pomfret Town Justice Report for June 2024 is as follows:
Total Fines & Surcharges: $7,972.00
Cases dismissed: 26
- The Historian Report for June 2024 has been distributed to the board and is on file in the Clerk’s office.
- The Code Enforcement monthly report for June is on file in the Clerk’s office.
- Andy Martin, Ingalls Planning and Design, was present to discuss the updates to the Pomfret Zoning Code. There were a lot of great ideas and conversations had at the public meeting held at the Fredonia High School in May. The zoning changes include adding Multi Use Corridor sections to aim at flexibility without restricting commercial businesses in rural areas with site and design review in the Rural Design Standards. With the changes discussed, Mr. Martin will update the document, send back to the board for their final approval and move forward with sending to Chautauqua County, and scheduling a public hearing.
- The June work report was shared with the board.
- The salt barn has been completed. The next steps are to install the fuel tanks which will begin after the department catches up on mowing.
- Hahn and Walden Road have been paved.
- Oil and stoning will begin the week of July 12th.
- The Village of Fredonia notified Mr. Gardner about a pedestrian bridge in Russel Joy Park. A recent sale showed the bridge is on private property. The new owner is concerned with liability issues. After discussion, Town Attorney, Jeff Passafaro, will confirm who owns the park and report back to the board.
- Councilwoman Eckman made a motion to authorize Highway Superintendent to declare surplus the items listed below and dispose of at the best interest of the town. The motion was seconded by Councilman Rak and carried unanimously.
1). 272 24” Bar
2). 137 16” Bar
3). 36 16” Bar
SUPERVISOR PACOS
- Councilwoman Eckman made a motion to appoint Jim Joy at $18.25 per hour as interim Cemetery Sexton, as needed. The motion was seconded by Councilman Schaeffer and carried unanimously.
- Councilman Sedota made a motion to appoint Owen Rush, to the Pomfret/Fredonia Recreation Department as a seasonal hire at minimum wage. The motion was seconded by Councilman Rak and carried unanimously.
- The board has tabled the Government Frameworks contract until next meeting. The board did not have a chance to review the contract sent prior.
- Councilman Schaeffer made a motion to authorize Supervisor Pacos to execute an updated contract with Municipal Solutions for all projects within the Town of Pomfret. The motion was seconded by Councilman Sedota and carried unanimously.
- Councilman Sedota made a motion to authorize the spending of $500.00, as budgeted, for civic celebrations to the City of Dunkirk for the Fourth of July Annual Fireworks display. The motion was seconded by Councilwoman Eckman and carried unanimously.
- Councilman Sedota made a motion to approve the following resolution regarding lateral restrictions for the North End Water District Phase 2 and Phase 3. The motion was seconded by Councilwoman Eckman and carried unanimously.
(1)The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the date of filing of the Notice of Intent by the municipality.
Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, special permit) is needed to move forward with project plans and the governing body has approved the action. If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a “subdivision,” in part, as “any tract of land which is divided into five or more parcels.” Water and/or sewer service will not be provided to more than a total of four residences, buildings and/or structures on any tract of land which has been divided into parcels after the date of filing of the NOI by the municipality, where no local approval is required and the land is located within a county adopted, State certified agricultural district.
(2) If a significant hardship can be shown by an existing resident, the lateral restriction to the resident’s property may be removed by the municipality upon approval by the Department. It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service. The municipality shall develop a hardship application to be filed with the municipality, approved by the County Department of Health, and agreed to by the Department of Agriculture and Markets.
(3) If it can be demonstrated to the Department’s satisfaction that the landowner requested the county to remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, lateral restrictions may be removed by the municipality if the Department determines that the removal of the restriction for the subject parcel(s) would not have an unreasonably adverse effect on the agricultural district.
(4) If land is removed from a county adopted, State certified agricultural district and the district has been reviewed by the county legislative body and certified by the Commissioner for modification, lateral restrictions imposed by the municipality are no longer in effect for the parcels of land that have been removed from the agricultural district.
- Councilman Sedota made a motion to adopt the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan Resolution. The motion was seconded by Councilman Rak and carried unanimously.
WHEREAS the Town of Pomfret recognizes the threat that natural hazards pose to people and property within Town of Pomfret; and
WHEREAS the Town of Pomfret has prepared a multi-hazard mitigation plan, hereby known as the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024, identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the Town of Pomfret from the impacts of future hazards and disasters; and
WHEREAS adoption by the Pomfret Town Board demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE Town of Pomfret, N.Y., THAT:
Section 1. In accordance with (local rule for adopting resolutions), the Pomfret Town Board adopts the Chautauqua County Multi-Jurisdictional Hazard Mitigation Plan, dated June 7, 2024. This plan, approved by the community, may be edited or amended after submission for review, but will not require the community to re-adopt any further iterations. This only applies to this specific plan and does not absolve the community from updating the plan in five years.
- Councilwoman Eckman made a motion to authorize Supervisor Pacos to enter into a Host Community Agreement with Schofield Solar, LLC for the solar farm located at 5208 W. Main Rd., Fredonia. The motion was seconded by Councilman Rak and carried unanimously.
- The Village of Fredonia and City of Dunkirk have looked at adopting the Pro Housing initiative. Supervisor Pacos has asked Jeanne, Town Assessor, to review and what it would mean for the Town of Pomfret.
- The Town of Pomfret has received another grant for Phase 3 of the North End Water District from USDA RD in an amount of $1,860,000.00 in addition to the 38 year loan with an interest rate of 2.75%.
- Clark Patterson Lee has submitted playground proposals based on discussions with the committee. The committee has sent the proposals back asking for certain things to be included as discussed. The proposals will be brought back to the board once edited.
- Supervisor Pacos sent a letter of support for grant opportunities for Agri America for a new boiler to help process their grapes more efficiently.
- Supervisor Pacos clarified a statement from a recent Village of Fredonia Board meeting: The Town of Portland and the Village of Brocton did not leave the North County Water District, they ended their agreement with Chadwick Bay Waterworks, which handles the billing and maintenance of the North County Water District.
- The Building Southern Tier magazine showcased the White Inn on their cover of the most recent issue along with a positive article about the upgrades happening to the historical site within the Village of Fredonia.
- Councilwoman Eckman made a motion to authorize Supervisor Pacos to execute the contract with Northern Chautauqua Community Foundation for the tree survey within Forest Hill Cemetery and Pioneer Cemetery. The motion was seconded by Councilman Rak and carried unanimously.
- Three bids were received for the Pioneer Cemetery wall re construction. Clark Patterson Lee will bring their recommendation to the board at the August meeting. Supervisor Pacos will ask Mr. Weis to scan and send the bids to the board prior to the next meeting.
COUNCILMAN RAK
- Councilman Rak attended the ribbon cutting ceremony for 21 Brix with Councilwoman Eckman and Supervisor Pacos.
-No report
COUNCILMAN SEDOTA
-No report
COUNCILMAN SCHAEFFER
- The Darwin R. Barker Library recently was updated on funds available being held by the Northern Chautauqua Community Foundation.
- Councilman Schaeffer made a motion to approve the following resolution, seconded by Councilman Sedota and carried unanimously.
Resolution Regarding Settlement of Article 7 Tax Case, Fredonia Development Co., LLC
WHEREAS, the Fredonia Development Co., LLC brought an Article 7 Tax certiorari case against the Town of Pomfret concerning its property at 50 Howard Street, also known as SBL: 130.07-1-43, seeking a reduction of its assessed valuation, and
WHEREAS, the Town of Pomfret and its Assessor appeared in this matter and contested, and
WHEREAS, the matter was assigned to the State Supreme Court, Erie County, where the parties participated in multiple court conferences, and
WHEREAS, the parties have reached a settlement of all matters arising from this litigation, and
WHEREAS, the Town Assessor and Attorney have recommended the settlement to the Town Board,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Pomfret does hereby approve the settlement reached in this litigation and further approves that the assessed valuation be compromised at Five Hundred, Forty-Five Thousand ($545,000.00) Dollars prospective, for the tax years 2024-2028 under Section 727 of Real Property Tax Law, said settlement be without refunds, and it is further
RESOLVED, that the Town Attorney and Assessor are authorized to execute any and all settlement agreements and consents.
DULY MOVED by Councilman Sedota to exit the Regular Town Board Meeting and enter Executive Session for the purpose of discussing real estate for a new Town Hall with no action to be taken. The motion was seconded by Councilman Schaeffer and carried unanimously. Time: 8:00 P.M.
DULY MOVED by Councilwoman Eckman to close the Executive Session and return to the Regular Town Board meeting. The motion was seconded by Councilman Sedota and carried unanimously. Time: 8:14P.M.
DULY MOVED by Councilwoman Eckman to adjourn the Regular Town Board Meeting at 8:14 P.M., seconded by Councilman Schaeffer and carried unanimously.
Respectfully Submitted,
Allison Vento, MMC/RMC
Town Clerk