TOWN OF STAFFORD TOWN BOARD MEETING
JULY 8, 2024
The Town of Stafford Town Board Meeting was called to order at 7:30pm by Supervisor Clement who led the Pledge of Allegiance. In attendance were Councilman Panek, Councilman Young, Councilman Duyssen, Highway Superintendent Boldt and Town Clerk Radley, Councilman Pacer was absent.
Also attending were John and Nora Sands, James Pontillo, Jeremy Smith, Donna Voorhees, Rodney Bobo, The Lathan Family, Cathy and Dale Worthington, Andrew Darling, Ed Russell from Hodgron Ross law firm, Phyllis Darling, David DiMatteo.
Councilman Panek made a motion to accept the Financial Report, second by Councilman Young and approved on a 4-0-1 vote, Councilman Pacer was absent.
Councilman Panek made a motion to accept the minutes of the June 10, 2024 Town Board meeting, second by Councilman Duyssen and approved on a 4-0-1 vote, Councilman Pacer was absent.
Supervisor Clement read the Fire Department report.
Councilman Young made a motion to accept the CEO/ZEO Report, second by Councilman Panek and approved on a 4-0-1 vote, Councilman Pacer was absent.
Supervisor Clement read the Assessor’s Report.
Jeremy Smith from Lumsden & McCormick was present to report on the annual Audit of 2023 performed by his company. This was a single audit because we had Water District #12 involved with more than $750,000.00. There were no issues or findings, and a good job was done by our Bookkeeping Staff.
Supervisor Clement read letters from James and Stephanie Call; these were resignation letters from the Fire Department. After a discussion it was decided that Councilman Young would investigate this with the Fire Department.
Councilman Young made a motion to accept Resolution 47, Stafford Town Board Accepts Information from Water District #12, second by Councilman Duyssen and approved on a 4-0-1 vote, Councilman Pacer was absent.
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RESOLUTION 47 DATED: JULY 8, 2024
STAFFORD TOWN BOARD ACCEPTS INFORMATION FROM
WATER DISTRICT #12
WHEREAS the Town Board has received information regarding Water District #12 and,
WHEREAS the Town Board reviewed the information,
THEREFORE, the Town Board of the Town of Stafford has reviewed the information and accepts the information for Water District #12
Offered by: Councilman Young
Second by: Councilman Duyssen
Approved on a 4-0-1 vote, Councilman Pacer was absent.
Councilman Duyssen made a motion to accept Resolution 48, Authorizing Supervisor to Sign Documents for the Certificate of Determination, second by Councilman Young and approved on a Roll Call Vote as follows:
Councilman Panek Yes
Councilman Young Yes
Councilman Duyssen Yes
Councilman Pacer Absent
Supervisor Clement Yes
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RESOLUTION 48 DATED: JULY 8, 2024
AUTHORIZING SUPERVISOR TO SIGN DOCUMENTS FOR
THE CERTICATE OF DETERMINATION
WHEREAS the Town of Stafford has received a Certificate of Determination of the Supervisor of the Town of Stafford, Genesee County, New York, Dated July 8, 2024, Authorizing the Sale, Issuance and Delivery of a Statutory Installment Bond, 2024 of Said Town in the Principal amount of $1,353,000.00 and,
WHEREAS the Town Board of the Town of Stafford has reviewed the documents needed to be signed and
THEREFORE, the Town Board of the Town of Stafford authorizes the Supervisor to sign the documents associated with the Certificate of Determination, Sale, Issuance and Delivery of a Statutory Installment Bond, 2024 in the principal amount of $1,353,000.00.
Offered by: Councilman Duyssen
Second by: Councilman Young
Approved on a Roll Call Vote
Councilman Panek Yes
Councilman Young Yes
Councilman Duyssen Yes
Councilman Pacer Absent
Supervisor Clement Yes
Councilman Panek made a motion to approve Resolution 49, Notice of Termination for WD #12, second by Councilman Young and approved on a Roll Call Vote as follows:
Councilman Panek Yes
Councilman Young Yes
Councilman Duyssen Yes
Councilman Pacer Absent
Supervisor Clement Yes
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RESOLUTION 49 DATED: JULY 8, 2024
AUTHORIZE THE SUPERVISOR TO SIGN THE NOTICE OF TERMINATION FOR STORM WATER DISCHARGES AUTHORIZED UNDER THE SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITY FOR WD #12
WHEREAS the Town of Stafford has received a Notice of Termination for Storm Water Discharges Authorized under the SPDES General Permit for Construction Activity from the NYS DEC and,
WHEREAS this form requires signatures from the Town Supervisor to finish the Water District #12,
THEREFORE, the Town Board of the Town of Stafford authorizes Supervisor Clement to sign the Notice of Termination for Storm Water Discharges Authorized under the SPDES General Permit for Construction Activity from the NYS DEC.
Offered by: Councilman Panek
Second by: Councilman Young
Approved on a Roll Call Vote as follows:
Councilman Panek Yes
Councilman Young Yes
Councilman Duyssen Yes
Councilman Pacer Absent
Supervisor Clement Yes
Councilman Panek made a motion to allow Supervisor Clement to sign the Contract Renewal for Municipal Solutions, second by Councilman Duyssen and approved on a 4-0-1 vote, Councilman Pacer was absent.
A FEMA Survey was sent to the Town Board. After a brief discussion as to who is responsible for this it was decided to ask the Planning Board to review this to determine who is responsible, Zoning Officer Don Mullen agreed to deliver it to the next Planning Board meeting.
Supervisor Clement read an email from A & D Paollo in regard to Lithium Batteries and the Rapid Act. This is another subject that will be asked of the Planning Board to look over; it is not a law yet but is in serious consideration for a law.
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David DiMatteo, Esq. was in attendance to update the Town and Town Board of the Solar Projects. The application has been received from Catalzye and requested an agreement for the escrow which is different from our Solar Law. They do not wish to keep the whole $300,000.00 in escrow at all times. They would like to have a lower amount of money available and replenish as needed to the lower amount. The Town Board did not want to change our Solar Law and take a lower amount for the escrow; the application was not accepted at this point.
Gina and Jeff Lathan spoke about their property on Rt. 237. They were questioning why a new lawyer was hired to review their file; and feel they have been harassed. They felt that all that was needed was to have the deck permit closed, and that is all they wish to have happened at this time. They asked Zoning Officer Mullen why he is looking for advice from a new lawyer. Officer Mullen responded that he cannot answer at this time and will meet with a lawyer this week; then have an answer after that. After further discussion Officer Mullen left the meeting at 9:38 stating that he had resigned as of that time.
James Pontillo spoke about his situation at 6177 Main Rd. He stated that no communication by email, phone or letter has been received. Now there is a no entry order, and he is upset about the lack of communication for all of this. He has been asking for a face-to-face meeting to discuss this issue and it has not happened. The attorney fees are adding up and this money may have been better spent in other ways. He has plans to reside the building. Sandy Swanson was in attendance and asked if he would reach out to the contact from Rochester who offered to help financially in the past; his response was if he had assurances from the Town that there would be no more interference with his efforts to improve the building, that he may consider this opportunity.
Gina Lathan read a letter from Officer Mullen dated April of 2024 stating that they were not in compliance for a wedding venue. The Lathan’s stated they are not a wedding venue and that would not put them in non- compliance. They again asked that the deck permit be closed and to be left alone; they rescinded the special use permit long ago and will not seek that again.
It was agreed that Officer Sinclair would visit their property by appointment to close the deck permit.
Cathy Worthington spoke about tabled items from the past. The Town Board has mentioned the park equipment is in bad repair in the past few minutes. Cathy asked if that had been rectified yet. This is still being investigated and is very important to keep the equipment safe for all users. Cathy asked about the ARPA funds, could this money be used to repair this equipment? She has FOILED this information and found that it is used by the end of 2025. She then asked about the Financial Reports and stated that she would FOIL the reports. Another concern was the Zoning and Planning Board members that they be Stafford residents, she was assured that they are Stafford residents.
Councilman Duyssen asked if the Town of Batavia could be contacted to help with our Code and Zoning duties, which will be looked into. Code Officer Sinclair is up to date with his certifications.
Councilman Young reported that he will assist with the Lathan’s and will call to make an appointment before anyone closes the deck permit.
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Councilman Panek asked about the Magistrate presentation with our court system. Mr. DiMatteo stated that previously we complied, not known at this time and that no steps have been taken with this yet.
Councilman Duyssen made a motion to pay Abstract 7 General Fund in the amount of $42,478.33, second by Councilman Panek and approved on a 4-0-1 vote, Councilman Pacer was absent.
Councilman Duyssen made a motion to pay Abstract7 Highway Fund in the amount of $9,582.98, second by Councilman Panek and approved on a 4-0-1 vote, Councilman Pacer was absent.
Councilman Duyssen made a motion to pay Abstract 7 Capital Fund in the amount of $250,165.42, second by Councilman Panek and approved on a 4-0-1 vote, Councilman Pacer was absent.
Councilman Young made a motion to enter into Executive Session at 11:00 pm for personnel issues and invited Dave DiMatteo, Steve Boldt and Barb Radley, second by Councilman Duyssen and approved on a 4-0-1 vote, Councilman Pacer was absent.
Upon returning from Executive Session at 11:25 pm, Councilman Duyssen made a motion to adjourn, second by Councilman Young and approved on a 4-0-1 vote, Councilman Pacer was absent.
Respectfully Submitted,
Barbara Radley
Town Clerk/Tax Collector