November 12, 2025 Regular Town Board Meeting Minutes
REGULAR MEETING of the Town Board of the Town of Pomfret held at
6:30 P.M. November 12, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Adam Rak
Michael Lee
ABSENT: Christopher Schaeffer
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.
DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held October 8, 2025. The motion was seconded by Councilman Lee and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting for the Local Law, and workshop meeting Minutes held October 15, 2025, for. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Public hearing Minutes held November 6, 2025, for the Lily Dale Fire Contract. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Councilman Rak to accept the minutes of the Public hearing Minutes held November 6, 2025, for the 2026 Budget Tax Cap override. The motion was seconded by Councilman Lee and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting Minutes held November 6, 2025, for the 2026 Budget. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2025, with the addition for Hartgen Archeological Associates. The motion was seconded by Councilman Rak and carried by a roll call vote.
Voucher # Claimant Amount Budget Code
52862 Hartgen $6,540.00 H8320.2
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-ABSENT
Councilman Lee- AYE
General Fund Town Wide $25,015.04
General Fund Part Town $24,294.13
Highway Fund Part Town $34,880.35
Berry Water District $11,290.31
Chestnut Water District $2,927.09
North End Water District $92,286.38
Lily Dale Water District $5,512.56
Rt. 20 Water District $66.28
Rt. 60 Sewer District $1,129.68
Lakeview Sewer District $63.51
Lily Dale Sewer District $1,724.13
Sewer 1 $1,985.37
Sewer 2 $1,348.91
Capital Projects $233,406.83
CBI $26,772.29
TOWN CLERK REPORTS
POMFRET TOWN JUSTICE REPORT OCTOBER 2025
Total Cases
Total Fine & Surcharges
Cases Dismissed
Justice Cerrie
181
$10,961.00
41
Justice Dietzen
183
$13,668.00
47
HIGHWAY SUPERINTENDENT JUDE GARDNER
AUDIENCE CONCERNS
SUPERVISOR PACOS
The motion was seconded by Councilman Rak and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Rak
Councilman Schaeffer- ABSENT
Councilman Lee-AYE
VAN BUREN WATER DISTRICT IMPROVEMENST
PROJECT BUDGET MODIFICATIONS
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Van Buren Water District Improvements project (“Project”); and
WHEREAS, the Town Board wishes to adjust project budget items to more accurately reflect actual costs and;
WHEREAS, Rural Development requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E; NOW, therefore be it
RESOLVED, that the Town Board of the Town of Pomfret authorize the following budget modifications for the Project:
Fiscal Coordination Increase of $18,000.00
I, Samantha Kellogg, Town Clerk of the Town of Pomfret, do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Pomfret on November 12, 2025, by following vote:
Daniel Pacos, Supervisor AYE
Michael Lee, Councilperson AYE
Adam Rak, Councilperson AYE
Christopher Schaeffer, Councilperson - ABSENT
The motion was seconded by Councilman Lee and carried unanimously.
COUNCILMAN RAK
-NONE
COUNCILMAN SCHAEFFER
-ABSENT
COUNCILMAN LEE
-NONE
TOWN ATTORNEY PASSAFARO
DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:12 P.M. The motion was seconded by Councilman Rak and carried unanimously.
Respectfully Submitted,
Samantha Kellogg
Pomfret Town Clerk
6:30 P.M. November 12, 2025, at the Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063
Supervisor Daniel Pacos
Town Clerk Samantha Kellogg
PRESENT: Town Counsel Jeffrey Passafaro
Highway Superintendent Jude Gardner
COUNCILPERSONS: Adam Rak
Michael Lee
ABSENT: Christopher Schaeffer
The Pledge of Allegiance was recited and led by Supervisor Pacos to open the Regular Town Board Meeting.
DULY MOVED by Councilman Rak to accept the minutes of the Regular Town Board Meeting held October 8, 2025. The motion was seconded by Councilman Lee and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting for the Local Law, and workshop meeting Minutes held October 15, 2025, for. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Public hearing Minutes held November 6, 2025, for the Lily Dale Fire Contract. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Councilman Rak to accept the minutes of the Public hearing Minutes held November 6, 2025, for the 2026 Budget Tax Cap override. The motion was seconded by Councilman Lee and carried unanimously.
DULY MOVED by Councilman Lee to accept the minutes of the Special Meeting Minutes held November 6, 2025, for the 2026 Budget. The motion was seconded by Councilman Rak and carried unanimously.
DULY MOVED by Supervisor Pacos to approve the payment of bills on abstract #11 of 2025, with the addition for Hartgen Archeological Associates. The motion was seconded by Councilman Rak and carried by a roll call vote.
Voucher # Claimant Amount Budget Code
52862 Hartgen $6,540.00 H8320.2
Roll Call:
Supervisor Pacos-AYE
Councilman Rak-AYE
Councilman Schaeffer-ABSENT
Councilman Lee- AYE
General Fund Town Wide $25,015.04
General Fund Part Town $24,294.13
Highway Fund Part Town $34,880.35
Berry Water District $11,290.31
Chestnut Water District $2,927.09
North End Water District $92,286.38
Lily Dale Water District $5,512.56
Rt. 20 Water District $66.28
Rt. 60 Sewer District $1,129.68
Lakeview Sewer District $63.51
Lily Dale Sewer District $1,724.13
Sewer 1 $1,985.37
Sewer 2 $1,348.91
Capital Projects $233,406.83
CBI $26,772.29
TOWN CLERK REPORTS
- Town Clerk Kellogg provided to the Pomfret Board the October 2025 report of monies collected. A total of $37,580.75 was collected. The report is on file with the Clerk’s Office.
POMFRET TOWN JUSTICE REPORT OCTOBER 2025
Total Cases
Total Fine & Surcharges
Cases Dismissed
Justice Cerrie
181
$10,961.00
41
Justice Dietzen
183
$13,668.00
47
- The monthly Code Enforcement report for October is on file in the Clerk’s office.
- The Fredonia Fire Departments monthly report is on file in the Clerk’s office.
- Pomfret Offices and buildings will be closed Tuesday, November 11, 2025 in Veterans Day, Thursday, November 27, Friday, November 28, 2025, in observance of the Thanksgiving Holiday.
- Councilman Rak made a motion to approve remaining sewer fees for resident residing at 1 First Street Lily Dale, in the amount of $281.00 for a leak from last quarters water billing for this specific circumstance only. The motion was seconded by Councilman lee and carried unanimously.
HIGHWAY SUPERINTENDENT JUDE GARDNER
- The October work report was shared with the board.
- Councilman Rak made a motion to pass a resolution to agree to the undertaking agreement for the Highway annual Permit, authorizing Jude Gardener to sign and submit. The motion was seconded by Councilman Lee and carried unanimously.
AUDIENCE CONCERNS
- Holly Kluck thanks the highway department for Trimming the ditch multiple times.
- Highway superintendent states they’re still working on them as the mower is currently down for maintenance.
SUPERVISOR PACOS
- Councilman Lee made a motion to approve the 2026 Preliminary Budget as amended at the Special Meeting with the following rates: ---Townwide Rate is 4.4964641 ($ .17 increase)
-Additional Outside Village rate is 4.2512025
The motion was seconded by Councilman Rak and carried by unanimously by a roll call vote.
ROLL CALL:
Supervisor Pacos: AYE
Councilman Rak
Councilman Schaeffer- ABSENT
Councilman Lee-AYE
- Councilman Rak made a motion to authorize Supervisor Pacos to pay all year end bills by 12/31/25. The motion was seconded by Councilman Lee and carried unanimously.
- Supervisor Pacos made a motion to schedule the 2026 Organizational Meeting for Wednesday, January 14, 2026, at 5:30 P.M. at Pomfret Town Hall, 9 Day Street, Fredonia, N.Y. 14063. The motion was seconded by Councilman Rak and carried unanimously.
- Councilman Rak made a motion to approve contract with Municipal Solutions for continuing financial reporting. The motion was seconded by Lee and carried unanimously.
- Councilman lee made a motion for the request of the 30 day Municipality notification on 5362 W. Lake Rd Dunkirk NY 14048 for premise Liquor License. The motion was seconded by Councilman lee and carried unanimously.
- Councilman Rak made a motion to accept resignation of Joshua Dobbs effective 10/17/2025 with regret. The motion was seconded by Councilman Lee and carried unanimously.
- Councilman Lee made a motion to receive a Donation in the amount of $1847.00 for the 2026 Rec Department Budget from the Greg Buckley and Sami Manirath Memorial Golf Tournament. The motion was seconded by Councilman Rak and carried unanimously.
- Supervisor Pacos Thanks them and mentions they also made a Donation to the Village of Fredonia for the Rec Department as well.
- Supervisor Pacos mentions we hosted the Community wide food collection for the Chautauqua County Rural Ministry thanksgiving basket project this past weekend from Saturday 12:00 PM – 3:00 PM and Sunday 9:00 Am to 12:00 PM. We collected 110 turkeys and several thousand dollars, biggest donations we’ve had in a long time. Dan wants to thank everyone who helped and donated!
- Councilman Rak made a motion to approve a contract with Legend Advanced for repairs on the pumpstation for Lily Dale WWTP not to exceed $25,000.00. The motion was seconded by Lee and carried unanimously.
- Councilman Rak made a motion to approve the Intermunicipal cooperation agreement for the shared assessor’s office beginning October 1 2025 running through the end of Jeannes appointment. Including Towns of Pomfret, Hanover, Dunkirk, Portland and Arkwright. The motion was seconded by Councilman Lee and carried unanimously.
- Councilman Lee made a motion for approve the quote from CV3 Architectural PC to adopt Town zoning maps. The motion was seconded by Councilman Rak and carried unanimously.
- Councilman Rak made a motion to approve the pay application for S. St George in the amount of $107,788.19 for the Van Buren Bay water line replacement contract. The motion was seconded by Councilman Lee and carried unanimously.
- Councilman Lee made a motion to approve Supervisor Pacos to sign Rural Development project budge / cost Certification for the Van Buren Bay Water District project. The motion was seconded by Councilman Rak and carried unanimously.
- Councilman Rak made a motion to approve the following resolution.
VAN BUREN WATER DISTRICT IMPROVEMENST
PROJECT BUDGET MODIFICATIONS
WHEREAS, the Town of Pomfret has received funding from Rural Development for their Van Buren Water District Improvements project (“Project”); and
WHEREAS, the Town Board wishes to adjust project budget items to more accurately reflect actual costs and;
WHEREAS, Rural Development requires the Town Board to authorize all changes to the Administrative Budget as shown on the Form E; NOW, therefore be it
RESOLVED, that the Town Board of the Town of Pomfret authorize the following budget modifications for the Project:
Fiscal Coordination Increase of $18,000.00
I, Samantha Kellogg, Town Clerk of the Town of Pomfret, do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Pomfret on November 12, 2025, by following vote:
Daniel Pacos, Supervisor AYE
Michael Lee, Councilperson AYE
Adam Rak, Councilperson AYE
Christopher Schaeffer, Councilperson - ABSENT
The motion was seconded by Councilman Lee and carried unanimously.
- Councilman Lee made a motion to approve payment with Hargen Archeological Associated for Phase II of the North End Water District Project in the amount of $6,541.00. The Motion was seconded by Councilman Rak and carried unanimously.
- Supervisor Pacos made a motion to approve contract with CPL for architectural and construction management services for the new Town Hall building project. The motion was seconded by Councilman Lee and carried unanimously.
- Supervisor Pacos mentions CPL is working on a new Floor plan for Pomfret, as Dunkirk has decided to not move forward with shared spaces. We’ll be looking at about a year until we can move in.
- Supervisor Pacos discusses the issue with the property at 4548 VanBuren Rd, stating Code Enforcement officer Warren issued the structure as unsafe as of September 2022. There was a letter sent to the Executor of state in March of 2025 unnamed to the address with notice of Violations. An unsafe building notice went out to party’s involved with the property.
- Supervisor Pacos gives updates for the Zoning Law stating it needs adjustments, several of the parcels on Route 60 and Webster road area were mislabeled on the map. We were also missing the existing Battery storage law. It has now been incorporated and adjusted.
COUNCILMAN RAK
-NONE
COUNCILMAN SCHAEFFER
-ABSENT
COUNCILMAN LEE
-NONE
TOWN ATTORNEY PASSAFARO
DULY MOVED by Councilman Lee to adjourn the Regular Town Board Meeting at 7:12 P.M. The motion was seconded by Councilman Rak and carried unanimously.
Respectfully Submitted,
Samantha Kellogg
Pomfret Town Clerk