Town Board Meeting June 10, 2024

Jun 19, 2024 | News & Updates, Town Board Meeting Minutes

TOWN OF STAFFORD TOWN BOARD MINUTES

JUNE 10, 2024 

 

Supervisor Clement opened the Regular Town Board meeting at 7:30pm with the Pledge of Allegiance. In attendance were Councilman Panek, Councilman Young, Councilman Duyssen, Councilman Pacer, Highway Superintendent Boldt and Town Clerk Radley.

In addition, were also present Donna Voorhees, Charlie Giacchino, Gary Snell, Don Mullen, and David DiMatteo, Esq.

Councilman Panek made a motion to approve the Financial Report, second by Councilman Duyssen and approved on a 5-0 vote. Councilman Panek reported that he is seeing a fall off of revenue from the Court in this report.

Councilman Panek made a motion to approve the Town Board Meeting Minutes of May 13, 2024, second by Councilman Young and approved on a 5-0 vote.

Councilman Duyssen made a motion to approve the Public Hearing Meeting Minutes of May 20, 2024, second by Councilman Panek and approved on a 5-0 vote. Councilman Panek thanked the Town Clerk for such accurate minutes.

Councilman Pacer made a motion to approve the Fire Department Report, second by Councilman Panek and approved on a 5-0 vote.

Councilman Pacer made a motion to approve the CEO/ZEO Report, second by Councilman Panek and approved on a 5-0 vote.

Councilman Duyssen made a motion to approve the Assessor’s Report, second by Councilman Young and approved on a 5-0 vote.

Councilman Panek made a motion to approve Resolution 36 Revised Resolution to Name a Deputy Supervisor in Charge of Parks, second by Councilman Duyssen and approved on a Roll Call vote.

Councilman Panek                                    Yes

Councilman Young                                    Abstain

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

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RESOLUTION 36                                                                          DATED: JUNE 10, 2024

 

REVISED RESOLUTION TO NAME A DEPUTY SUPERVISOR IN CHARGE OF PARKS

WHEREAS the Town Board would like to revise Resolution 21 from April 8, 2024, to Name a Deputy Supervisor in Charge of Parks, and

WHEREAS the salary should be amended to $4,250.00, and

WHEREAS the expense line items should be amended to A1010.12 and A8810.1, and

THEREFORE, revisions should be made to amend Resolution 21.

Offered by: Councilman Panek

Second by: Councilman Duyssen

Roll Call Vote

Councilman Panek                                    Yes

Councilman Young                                    Abstain

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

Councilman Panek made a motion to approve Resolution 37 Appointing ZBA Members, second by Councilman Young and approved on a Roll Call vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

 

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RESOLUTION 37                                                                                          DATED: JUNE 10, 2024

 

APPOINTING ROBERT CHAPMAN AND SHERRY ROBERTS-SNELL TO THE ZONING BOARD OF APPEALS

 

WHEREAS the Zoning Board of Appeals needs to replace Jim Balonek as a Board Member and appoint an Alternate Member and,

WHEREAS the Zoning Board of Appeals has interviewed four candidates that applied for the positions, and

WHEREAS Robert Chapman has been recommended as a Board Member and Sherry Roberts-Snell as an Alternate Board Member and,

WHEREAS the Regular Board Member will attend all meetings and have voting privileges; the Alternate Member will attend all meetings of the Zoning Board of Appeals and will have full voting privileges when taking the place of an absent regular member of said board at any given meeting and,

WHEREAS the Regular Member shall be compensated for all meetings attended; the Alternate Member shall be compensated for attendance at meetings in accordance with the annual schedule as determined by the Town Board now,

THEREFORE, Robert Chapman is hereby appointed as a Regular Member of the Zoning Board of Appeals and Sherry Roberts-Snell is hereby appointed as Alternate Member of the Zoning Board of Appeals and they shall be compensated in accordance with the annual schedule as determined by the Town Board.

Offered by: Councilman Panek

Second by: Councilman Young

Roll Call

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

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Councilman Panek made a motion to approve Resolution 38 Water District #12 Project Budget Modifications, second by Councilman Pacer and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

TOWN OF STAFFORD

 

RESOLUTION # 38                                                                                                      DATE: JUNE 10, 2024

 

WATER DISTRICT #12 PROJECT

PROJECT BUDGET MODIFICATIONS

 

WHEREAS, the Town of Stafford has received funding from Rural Development for their Water District #12 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 Stafford authorizes the following Budget modifications for the Project:

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  1. Local Counsel (Mark Boylan)                               Decrease of               $8,925
  2. Local Counsel (DiMatteo & Roach)                 Increase of                $5,500

 

 

I, Barbara Radley, Town Clerk of the Town of Stafford, do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Stafford on June 10, 2024, by the following vote:

 

 

AYE                                       NAY

 

Robert Clement, Supervisor                                                                X

Ronald Panek, Board Member                                                            X

Robert Pacer, Board Member                                                              X

James Duyssen, Board Member                                                        X

Terry Young, Board Member                                                                  X

 

Councilman Panek made a motion to accept Resolution 39 Approval of Acquisition of an Easement by the Monroe County Water Authority Pursuant to §1096(6-a) of New York’s Public Authorities Law, second by Councilman and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

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RESOLUTION # 39                                                                                      DATE: JUNE 10, 2024

APPROVAL OF ACQUISITION OF AN EASEMENT BY THE MONROE COUNTY

WATER AUTHORITY PURSUANT TO §1096(6-a) OF NEW YORK’S PUBLIC

AUTHORITIES LAW

WHEREAS The Monroe County Water Authority (“Authority”) intends to

provide public water service to 6614 Main Road located in the Town of Stafford

and

WHEREAS, the acquisition of the easement is necessary for operation,

maintenance and the future replacement of the water main which will allow the

Authority to continue to reliably provide potable water supply to the area; and

WHEREAS the easement is located along the frontage of 6614 Main Road

(Tax Acct. No. 10.0-2-38.112), which is owned by Renee J. Nicomento; and

WHEREAS §1096(6-a) of New York’s Public Authorities Law requires the

Authority to obtain the prior approval of the Town Board for the above-referenced

acquisition; now therefore be it

RESOLVED, that the Town hereby approves of the Authority’s acquisition

of the frontage easement located at 6614 Main Road in accordance with §1096(6-

  1. a) of the New York Public Authorities Law and be it further

RESOLVED that a copy of this resolution be provided to the Authority.

Offered by: Councilman Panek

Secon by: Councilman Young

Approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes        6

Councilman Pacer made a motion to approve Resolution 40 Resolution to Approve Water District #12 Information Received in the Months of May and June, second by Councilman Duyssen and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

RESOLUTION 40                                                                                                          DATED: JUNE 10, 2024

 

RESOLUTION TO APPROVE WATER DISTRICT #12 INFORMATION RECEIVED IN THE MONTHS OF MAY AND JUNE

WHEREAS the Town of Stafford Town Board has received information regarding the ongoing Water District #12 in the months of May and June 2024 and,

WHEREAS the Town of Stafford Town Board has reviewed the information regarding Water District #12 and all Board members and Supervisor has signed that they have reviewed the information,

THEREFORE, the Town Board of the Town of Stafford has accepted the information received in the months of May and June, 2024 regarding Water District #12.

 

Offered by: Councilman Pacer

Second by: Councilman Duyssen

Approved on a Roll Call Vote

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

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Councilman Duyssen made the motion to approve Resolution 41 to Issue a Credit Card to the Recreation Department, second by Councilman Panek and approved on a Roll Call Vote

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

RESOLUTION 41                                                                                          DATED: JUNE 10, 2024

 

RESOLUTION TO ISSUE A CREDIT CARD TO RECREATION DEPARTMENT

 

WHEREAS the Town of Stafford has a Recreation Department and has expenses associated with it and,

WHEREAS the Recreation Department has expenses that require immediate payment at times and a credit card would help expedite this process. A limit of $3,000.00 is the suggested amount

THEREFORE, the Town of Stafford will approve a credit card for the Recreation Department in the amount of $3,000.00

Offered by: Councilman Duyssen

Second by: Councilman Panek

Approved on a Roll Call Vote

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

8

 

Councilman Pacer made a motion to approve Resolution 42 Hiring Recreation Employees for 2024, second by Councilman Young and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

RESOLUTION 42                                                                          DATED: JUNE 10, 2024

 

HIRING SUMMER RECREATION EMPLOYEES FOR 2024

WHEREAS the Town Board of the Town of Stafford has a Summer Recreation Program and,

WHEREAS the Town of Stafford would like to hire Laurie Pocock for Recreation Aide for $4,500.00, Morgan Beverly as Recreation Supervisor for $20.00 per hour, Andrew Pocock as Leader for $19.00 per hour, Nate Yauchzee, Jayce Panepento, Hayle Kavanagh, and Lily Stalica as Recreation Aides at $15.00 per hour not to exceed the $25,000.00 budgeted amount and,

THERFORE, the Town of Stafford will hire Recreation Employees Laurie Pocock at a rate of $4,500.00, Morgan Beverly at a rate of $20.00 per hour, Andrew Pocock at a rate of $19.00 per hour and Nate Yauchzee, Jayce Panepento, Hayle Kavanagh, and Lily Stalica at a rate of $15.00 per hour and not to exceed the $25,000.00 budgeted amount.

Offered by: Councilman Pacer

Second by: Councilman Young

Approved on a Roll Call Vote

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

9

 

Councilman Pacer made a motion to approve Resolution 43 Amendment 1 to Resolution 1 of 2024 Adoption of Salaries for 2024, second by Councilman Panek and approved on a 5-0 vote.

RESOLUTION NO.         43                                                        DATED: June 10, 2024

AMENDMENT 1 TO RESOLUTION 1 OF 2024

ADOPTION OF SALARIES FOR 2024

 

RESOLVED, the Stafford Town Board hereby amends resolution number 1 of 2024, entitled “Adoption of Salaries for 2024” to amend as follows:

 

Recreation Leader      from $15.00 to $17.00 per hour to $15.00 to $19.00 per hour

Offered by:  Councilman Pacer

Second by: Councilman Panek

Ayes: 5

 

CERTIFICATION

 

I, Barbara Radley, Town Clerk of the Town of Stafford, County of Genesee and State of New York, DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Town Board of the Town of Stafford, on the 10th day of June, 2024 with the original now on file in my office, and the same is a correct and true copy of said Resolution and of the whole thereof.

 

Dated:

Barbara Radley

Town Clerk

{SEAL}

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Councilman Panek made a motion to accept Resolution 44 A Resolution to Amend the 2024 Salary Schedule for Elected and Appointed Positions, second by Councilman Pacer and approved on a 5-0 vote.

RESOLUTION NO. 44                                                DATED: JUNE 10, 2024

 

A RESOLUTION TO AMEND

THE 2024 SALARY SCHEDULE

FOR ELECTED AND APPOINTED POSITIONS

 

WHEREAS, the Town Board for the Town of Stafford on January 8, 2024, adopted Resolution No. 1 entitled “Adoption of Salaries for the 2024 General, Elected and Office” (hereinafter “Prior Resolution”), which included a 2024 salary schedule for certain elected and appointed position, and

WHEREAS the Prior Resolution inadvertently did not include payments for Recreation Supervisor, and thereby needs to be revised as set forth herein.

NOW THEREFORE BE IT

RESOLVED, that the Town Board for the Town of Stafford does hereby amend the Prior Resolution to add a line as hereinafter stated and does hereby authorize and direct the Town Clerk to revise the 2024 Salary Schedule adopted by the Prior Resolution, accordingly.

 

Recreation Supervisor            $15.00 – $20.00 per hour

 

Offered by: Councilman Panek

Second by: Councilman Pacer

Ayes: 5

 

 

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Supervisor Clement read Resolution 45 Extract of Minutes of Meeting of the Town Board Adopting Resolution and Final Order; Councilman Panek made a motion to accept the resolution, second by Councilman Pacer and was approved on a 5-0 vote.

RESOLUTION 45          DATE: JUNE 10, 2024

 

EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING RESOLUTION AND FINAL ORDER

 

At a meeting of the Town Board of the Town of Stafford, in the County of Genesee, in the State of New York on the 10th day of June, 2024:

PRESENT: Councilmen Panek, Young, Duyssen and Pacer, Supervisor Clement

 

ABSENT: None

 

The following resolution was offered by Councilman Panek, who moved its adoption, seconded Councilman Pacer, to-wit:

WHEREAS, a map, plan and report (the “Map, Plan and Report”) relating to the establishment of a proposed Town of Stafford Water District No. 14 (“Water District No. 14”) and the construction of improvements for such proposed Water District No. 14 (the “Improvements”), prepared by, a duly licensed engineer of the State of New York, in a manner and in such detail as has been determined by the Town Board of the Town of Stafford (the “Town”), has been duly filed with the Town Clerk in accordance with the requirements of Article 12-A of the Town Law; and

WHEREAS, an Order was duly adopted by the Town Board on April 15, 2024 (the “Order”), reciting the filing of the Map, Plan and Report, the Improvements proposed, the boundaries of proposed Water District No. 14, the proposed method of financing, and the fact that the Map, Plan and Report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all of the matters required by the Town Law to be stated, and specifying May 20, 2024 as the date, at 7:00 p.m. on said day as the time, at the Town Office, as the place where the Town Board would meet and consider the Map, Plan and Report, the establishment of Water District No. 14 and the Improvements and to hear all persons interest in the subject thereof concerning the same, and to take such action thereon as is required or authorized by the Town Law; and

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WHEREAS the Order stated that the maximum amount proposed to be expended for the Improvements is $530,000.00; and

WHEREAS the notice of the Public Hearing was published on May 8, 2024 in the official newspaper of the Town, and posted on the Town bulletin board pursuant to Section 209-d of the Town Law of the State of New York; and

WHEREAS, a public hearing on the establishment of Water District No. 14 and the construction of the Improvements was duly held by the Town Board on May 20, 2024 at 7:00 p.m., in the Town Office, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of Water District No. 14 and the construction of the Improvements;

NOW THEREFORE BE IT RESOLVED AND ORDERED, by the Town Board of the Town as follows:

  1. That the notice of the public hearing was published and posted as required by law and is otherwise sufficient.
  2. That the petition is signed, and acknowledged or proved, or authenticated, as required by law and is otherwise sufficient.
  3. That all of the property and property owners within the proposed Water District No. 14 benefit thereby.
  4. That all the property and property owners benefited are included within the limits of the proposed Water District No. 14.
  5. That the formation of the proposed Water District No. 14 is in the public interest.
  6. That the maximum amount proposed to be expended for such Improvements is Five Hundred Thirty Thousand Dollars ($530,000); and
  7. That based upon 1-6 above, this Board does hereby approve the establishment of the water distribution system to be known as the Town of Stafford Water District No. 14 and the construction of the Improvements.

 

 

 

 

 

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The question of the adoption of the foregoing Resolution was seconded by Councilman Pacer and duly put to vote on a roll call, which resulted as follows:

AYES                                                                    NAYS

 

Councilman Panek                                                                    None

Councilman Young

Councilman Duyssen

Councilman Pacer

Supervisor Clement

 

The foregoing resolution was thereupon declared duly adopted.

 

STATE OF NEW YORK )

) SS.:

COUNTY OF GENESEE            )

 

I, the undersigned Clerk of the Town of Stafford of the State of New York, do hereby certify as follows:

 

  1. A Regular Meeting of the Town Board of the Town of Stafford, State of New York, was duly held on June 10, 2024, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meeting of said Board. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extracts.

 

  1. Said Minutes correctly state the time when said Meeting was convened and the place where such meeting was held and the members of said Board who attended said Meeting.

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  1. Public Notice of the time and place of said Meeting was duly given to the public and the news media in accordance with Article 7 of the Public Officer’s Law (the “Open Meetings Law”), and that the members of said Board had due notice of said Meeting and that the Meeting was in all respects duly held and a quorum was present and acted throughout.

 

IN WITNESS WHEREOF, I have hereunto set my hand have hereunto affixed the corporate seal of the Town of Stafford, State of New York this 10th day of June, 2024.

 

Barbara Radley

Town Clerk

[Seal]

 

Councilman Pacer made a motion to accept Resolution 46 Extract of Minutes of Meeting of the Town Board Adopting a Bond Resolution, second by Councilman Panek and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

 

 

 

 

 

 

 

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RESOLUTION 46                          DATED: JUNE 10, 2024

 

EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING A BOND RESOLUTION

At a meeting of the Town Board of the Town of Stafford, in the County of Genesee, in the State of New York on the 10th day of June, 2024:

PRESENT: Councilmen Panek, Young, Duyssen and Pacer, Supervisor Clement

ABSENT: None

The following resolution was offered by Councilman Pacer, who moved its adoption, seconded Councilman Panek, to-wit:

BOND RESOLUTION DATED JUNE 10, 2024 OF THE TOWN BOARD OF THE TOWN OF STAFFORD AUTHORIZING NOT TO EXCEED $530,000 AGGREGATE PRINCIPAL AMOUNT OF SERIAL GENERAL OBLIGATION BONDS TO FINANCE THE CONSTRUCTION AND INSTALLATION OF A WATER DISTRIBUTION SYSTEM FOR WATER DISTRICT NO. 14 AT AN ESTIMATED MAXIMUM COST OF $530,000, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

WHEREAS, a map, plan and report (the “Map, Plan and Report”) relating to the establishment of a proposed Town of Stafford Water District No. 14 (“Water District No. 14”) and the construction of improvements for such proposed Water District No. 14 (the “Improvements” or the “Purpose”), prepared by, a duly licensed engineer of the State of New York, in a manner and in such detail as has been determined by the Town Board of the Town of Stafford (the “Town”), has been duly filed with the Town Clerk in accordance with the requirements of Article 12-A of the Town Law; and

WHEREAS, an Order was duly adopted by the Town Board on April 15, 2024 (the “Order”), reciting the filing of the Map, Plan and Report, the Improvements proposed, the boundaries of proposed Water District No. 14, the proposed method of financing, and the fact that the Map, Plan and Report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all of the matters required by the Town Law to be stated, and specifying May 20, 2024 as the date, at 7:00 p.m. on said day as the time, at the Town Office, as the place where the Town Board would meet and consider the Map, Plan and Report, the establishment of Water District No. 14 and the Improvements and to hear all persons interest in the subject thereof concerning the same, and to take such action thereon as is required or authorized by the Town Law; and

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WHEREAS the Order stated that the maximum amount proposed to be expended for the Improvements is $530,000.00; and

WHEREAS the notice of the Public Hearing was published on May 8, 2024 in the official newspaper of the Town, and posted on the Town bulletin board pursuant to Section 209-d of the Town Law of the State of New York; and

WHEREAS, a public hearing on the establishment of Water District No. 14 and the construction of the Improvements was duly held by the Town Board on May 20, 2024 at 7:00 p.m., in the Town Office, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of Water District No. 14 and the construction of the Improvements;

WHEREAS, the Board by resolution duly adopted on May 20, 2024 (the “SEQRA Resolution”), as lead agency, determined that the Purpose is a “Type 1 Action” under the New York State Environmental Quality Review Act and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York and further determined that the Purpose will not have a significant effect on the environment, and that a negative declaration be issued for the Purpose; and

WHEREAS, by resolution duly adopted on the date hereof, the Town Board approved the establishment of the water distribution system to be known as the Town of Stafford Water District No. 14 and the construction of the Improvements.

WHEREAS the Town Board by resolution duly adopted on June 10, 2024 (the “Order”) approved the formation and establishment of the Town of Stafford Water District No. 14 and the construction of the Improvements;

NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town (by 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 issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $530,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.

Section 2.  The class of objects or purposes (herein referred to as “Purpose”) to be financed pursuant to this Resolution is the construction and installation of a water distribution system for Water District No. 14, including the installation of approximately 2,500 linear feet of 8-inch water mains along portions of Fargo Road and Clapsaddle Road, including the acquisition of equipment, machinery or apparatus and costs associated thereto.

 

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Section 3.  It is hereby determined and declared that (a) the maximum cost of the Purpose, as estimated by the Town Board, is $530,000, (b) no money has heretofore been authorized to be applied to the payment of the cost of the Purpose, and (c) the Town plans to finance the cost of the Purpose from funds raised by the issuance of the Bonds and bond anticipation notes hereinafter referred to and grants received from governmental entities for which the Town and Purpose are eligible.

Section 4.  It is hereby determined that the Purpose is one of the class of objects or purposes described in Paragraph 1 of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is forty (40) years.  The proposed maturity of the Bonds authorized herein will be in excess of five (5) years.

Section 5.  Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the sale of the Bonds, including renewals of such notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer.

Section 6.  The power to further authorize the issuance of the Bonds and bond anticipation notes and to prescribe the terms, form and contents of the Bonds and bond anticipation notes, including the consolidation with other issues and the use of substantially level debt service , subject to the provisions of this Resolution and the Local Finance Law, and to sell and deliver the Bonds and bond anticipation notes, is hereby delegated to the Supervisor of the Town.  The Supervisor of the Town is hereby authorized to sign, and the Town Clerk is hereby authorized to attest any Bonds and bond anticipation notes issued pursuant to this Resolution, and to affix to such Bonds and bond anticipation notes the corporate seal of the Town.

Section 7.  The faith and credit of the Town of Stafford, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such Bonds and bond anticipation notes 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 obligations becoming due and payable in such year, to the extent the necessary funds are not provided from other sources.  There shall be levied annually on all taxable real property in the Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable, to the extent the necessary funds are not provided from other sources.

Section 8.  This Resolution shall constitute the Town’s “official intent”, within the meaning of Section 1.150-2 of the Treasury Regulations, to finance the cost of the Purpose with the Bonds and notes herein authorized.  The Town shall not reimburse itself from the proceeds of the Bonds or notes for any expenditures paid more than sixty days prior to the date hereof, unless specifically authorized by Section 1.150-2 of the Treasury Regulations.

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Section 9.  In connection with the financing of the Purpose, the Town is hereby authorized to participate in the Clean Water State Revolving Fund program (the “CWSRF Program”) and the Water Infrastructure Improvements Act (WIIA) program administered by the New York State Environmental Facilities Corporation, and/or other grant programs for which the Town and the Purpose are eligible.  The Supervisor of the Town is hereby authorized to execute and deliver such documents as may be necessary to affect the participation of the Town in such CWSRF Program, WIIA Program and/or other grant programs for which the Town and the Purpose are eligible.

Section 10.  The Purpose is authorized by article twelve of the Town Law and cost thereof is to be assessed upon benefited real property, and, therefore, pursuant to paragraph b(2) of Section 35 of the Local Finance Law is not subject to a permissive referendum.

 

Section 11.  This Resolution, or a summary thereof, shall be published by the Town Clerk together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in each official newspaper of the Town.  The validity of the Bonds or of any bond anticipation notes issued in anticipation of the sale of the Bonds may be contested only if such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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 twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.

Section 12.  Notwithstanding anything herein to the contrary, the Town shall not issue Bonds or any notes in anticipation of the Bonds until such time as the Town has received the approval from the Comptroller of the State of New York of the formation of Water District No. 14 to the extent required.

 

Section 13.  The firm Barclay Damon LLP is hereby appointed to serve as Bond Counsel to the Town in connection with the Bonds and notes herein authorized.

Section 14.  This Resolution shall take effect immediately.

 

The question of the adoption of the foregoing Resolution was seconded by Councilman Panek and duly put to vote on a roll call, which resulted as follows:

AYES                                                                    NAYS

19

Councilman Panek                                                                    None

Councilman Young

Councilman Duyssen

Councilman Pacer

Supervisor Clement

 

The foregoing resolution was thereupon declared duly adopted.

 

STATE OF NEW YORK )

) SS.:

COUNTY OF GENESEE            )

 

I, the undersigned Clerk of the Town of Stafford of the State of New York, do hereby certify as follows:

 

  1. A Regular Meeting of the Town Board of the Town of Stafford, State of New York, was duly held on June 10, 2024, and Minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the Minutes of meeting of said Board. I have compared the attached Extract with said Minutes so recorded and said Extract is a true copy of said Minutes and of the whole thereof insofar as said Minutes relate to matters referred to in said Extracts.
  2. Said Minutes correctly state the time when said Meeting was convened and the place where such meeting was held and the members of said Board who attended said Meeting.
  3. Public Notice of the time and place of said Meeting was duly given to the public and the news media in accordance with Article 7 of the Public Officer’s Law (the “Open Meetings Law”), and that the members of said Board had due notice of said Meeting and that the Meeting was in all respects duly held and a quorum was present and acted throughout.

 

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IN WITNESS WHEREOF, I have hereunto set my hand have hereunto affixed the corporate seal of the Town of Stafford, State of New York this 10th day of June, 2024.

 

 

Barbara Radley

Town Clerk

 

[Seal]

LEGAL NOTICE

The resolution published herewith has been adopted on the 10th day of June, 2024, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Stafford is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution.

A complete copy of the bond resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk of the Town of Stafford for a period of twenty days from the date of publication of this Notice.

Town Clerk

BOND RESOLUTION DATED JUNE 10, 2024 OF THE TOWN BOARD OF THE TOWN OF STAFFORD AUTHORIZING NOT TO EXCEED $530,000 AGGREGATE PRINCIPAL AMOUNT OF SERIAL GENERAL OBLIGATION BONDS TO FINANCE THE CONSTRUCTION AND INSTALLATION OF A WATER DISTRIBUTION SYSTEM FOR WATER DISTRICT NO. 14 AT AN ESTIMATED MAXIMUM COST OF $530,000, LEVY OF TAX IN ANNUAL INSTALLMENTS IN PAYMENT THEREOF, THE EXPENDITURE OF SUCH SUM FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

Class of objects or purposes: construction and installation of water distribution system for Water District No. 14, including installation of approximately 2,500 linear feet of 8-inch water mains along portions of Fargo Road and Clapsaddle Road, including the acquisition of equipment, machinery or apparatus and costs associated thereto.

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Maximum Estimated Cost:   $530,000

Period of probable usefulness:          Forty (40) years

Maximum amount of obligations

to be issued:  $530,000

Coward Rd. Water Project in Byron was discussed; the Town of Byron Supervisor has contacted our Supervisor Clement regarding the Water District for Coward Rd. in Byron asking if we would like to enter into an intermunicipal Water District Agreement. Councilman Young was concerned about this, was it brought to the Town of Stafford before the District was formed? Was it discussed and signed off by the residents of Stafford that it affected? It was also questioned whether the Water Authority should be informed as to how and when the residents of Stafford will receive water. Our Attorney, David DiMatteo stated that our residents cannot be charged for the debt service without asking the town of Stafford to have the out of district intermunicipal agreement order request. Nothing has been done until now. The residents have not put their request in writing either. After a discussion that ensued, Councilman Panek made a motion to table this discussion until this is investigated further and the residents are contacted to determine what will happen next, second by Councilman Young and approved on a 5- vote.

Zoning Officer Mullen spoke of a letter received from an Attorney to represent us other than our current attorney on a zoning matter. Our attorney was asked to help us but cannot because the homeowners had previously reached out to his firm for help. It was recommended that we retain Mr. James Campbell, Jr., who is well versed in Municipal Law. Zoning Officer Mullen will collaborate directly with this attorney and the attorney is to work on this case only. Councilman Young made a motion to allow Supervisor Clement to sign the letter to retain Mr. James Campbell, Jr. for this matter only, second by Councilman Panek and approve on a 5-0 vote.

Councilman Panek made a motion for Supervisor Clement to sign the agreement with Municipal Solutions for a Bond Renewal for Water District #12, second by Councilman Duyssen and approved on a Roll Call Vote.

Councilman Panek                                    Yes

Councilman Young                                    Yes

Councilman Duyssen                               Yes

Councilman Pacer                                      Yes

Supervisor Clement                                   Yes

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This Bond Renewal is for the Bond Anticipation Note to get final funding for Water District #12 which is nearing completion.

Councilman Young reported that Jeremy Green Painting will begin painting the Post Office interior on Monday, June 17, 2024.

Town Clerk Radley reported that State Assemblyman Steve Hawley will hold a Town Hall Meeting on June 29th at 10:00 am in our Court Room. She then thanked the Town Board for allowing the United Way Day of Caring and volunteers Tom Radley, Joe Frongetta and Dusty for working so hard and many hours to complete the Town Hall interior painting. Joe and Dusty came on a Saturday and worked four hours straight to paint the doors and trim. Tom has put in countless hours nights and weekends to paint the walls and trim that the Day of Caring was unable to complete. Without all this help we could not have completed the project at such a limited cost to the taxpayers. Deputy Town Clerk Jane Scott and Assessor Lori Frongetta will assist Town Clerk Barb Radley with the chair rail border this week. The Post Office had asked for a routine HVAC check. Dougherty Heating was called and found the Air Conditioning Unit in bad condition. It is recommended that we replace the unit because of the age of the unit and cost that may be involved; this will require an RFP and will be followed up on.

Gary Snell asked about the speed limit on Transit Rd. He feels it is not adequate to have 55 mph from the cemetery to Route 5 and that it is too dangerous to keep it at 55, he would like it to be reduced to 40 like all the other town roads. He did reach out to Brooks Hawley and was referred to Tim Hens at the County. Mr. Hens advised Gary to go back to the Town; the Town would go to the County then on to the State to have this accomplished. Highway Superintendent Boldt reported that he may change the striping to solid lines to help, he will also contact Mr. Hens for advice.

Charlie Giacchino asked about the old Trading Post at the corner of Rt 237 and Rt 5 as to what was happening with it. Mr. DiMatteo, our attorney reported that it is being worked on for court action as abandoned property. The Town would take it over and put any expenses on to the owner’s taxes, this would expire January 1, 2025.

Councilman Duyssen made a motion to pay Abstract #6 General Fund in the amount of $19757.14, second by Councilman Pacer and approved on a 5-0 vote

Councilman Duyssen made a motion to pay Abstract #6 Highway Fund in the amount of $204,919.67, second by Councilman Pacer and approved on a 5-0 vote

Councilman Duyssen made a motion to pay Abstract #6 Capital Fund in the amount of $11,952.24, second by Councilman Pacer and approved on a 5-0 vote.

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Councilman Duyssen made a motion to pay Abstract #6 Water Fund in the amount of $8,065.48, Second by Councilman Pacer and approved on a 5-0 vote.

Councilman Young made a motion to enter into Executive session at 8:51pm inviting Highway Supervisor Boldt, Town Clerk Radley and our Attorney David DiMatteo, second by Councilman Duyssen and approved on a 5-0 vote.

The Regular Meeting resumed at 9:55pm, at that time Councilman Young made a motion to adjourn the meeting second by Councilman Pacer and approved on a 5-0 vote.

Respectfully Submitted

Barbara Radley

Town Clerk/Tax Collector

UPCOMING EVENTS