The Town of Stafford Town Board meeting was called to order at 7:30pm by Supervisor Robert Clement leading the Pledge of Allegiance. In attendance were Councilman Panek, Duyssen and Pacer, also Highway Superintendent Boldt and Town Clerk Radley.
Also in attendance were Dale and Cathy Worthington, Phyllis Darling, Terry Young, Dave Stephens, Linda Call, Andrew Darling, Quentin Call, Charlie Giacchino, Mrs. Voorhees, Carl Stephens, Don and Barb Mullen, and Harold Leanos.
Supervisor Clement read a letter from the Town Republican Committee Chair, Mary Alice Panek endorsing Mr. Ed Schramm for the vacant Councilman seat.
Councilman Pacer made a motion to accept Resolution 33 appointing Ed Schramm to the vacant Councilman seat, second by Councilman Duyssen and approved on a Roll Call Vote as follows:
Councilman Panek aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
Town Clerk Radley preformed the Oath of Office for Ed Schramm to be Councilman.
Councilman Duyssen made a motion to approve the Financial Report, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Duyssen made a motion to approve the Town Board Meeting minutes of August 8, 2022, second by Councilman Panek and approved on a 5-0 vote.
Councilman Duyssen made a motion to approve the meeting minutes of the Budget Workshop on August 25, 2022, second by Councilman Panek and approved on a 5-0 vote.
Councilman Panek made a motion to approve the meeting minutes of the Public Hearing on September 6, 2022, second by Councilman Duyssen and approved on a 5-0 vote.
Supervisor Clement reported that the Fire Department Fire Chief Report is missing because the Fire Chief resigned, and the new chief did not send a report.
Councilman Panek made a motion to approve the CEO/ZEO monthly report, second by Councilman Pacer and approved on a 5-0 vote.
The water unit regarding property on Batavia-Stafford Townline Rd. was discussed. A motion was made by Councilman Pacer that we charge two units for this property since there is an apartment present; second by Councilman Duyssen and approved on a 5-0 vote.
Councilman Pacer made a motion to approve Resolution 34 to hire the Town Historian and the Salary for this position, second by Councilman Panek and approved on a 5-0 vote.
Councilman Panek made a motion to approve Resolution 35 to hire a Court Attendant, second by Councilman Duyssen and approved on a 5-0 vote.
Councilman Pacer made a motion to approve Resolution 36 Authorizing Deputy Supervisor to be a signer on Five Star Bank accounts, second by Councilman Duyssen an approved on a Roll Call Vote as follows:
Councilman Panek abstain
Councilman Schramm aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
The Truck Bond Bids results were discussed; the bond will be for five years at 4.5% interest and is for $211,000.00. There will be one more truck coming in March or April, and we will have Roosevelt and Cross holding the Bond; the 2008 truck is being replaced.
Councilman Panek made a motion to approve Resolution 37 the authorization of the purchase of a 2023 International HX520 for the Highway Department, second by Councilman Pacer an approved on a Roll Call Vote as follows:
Councilman Panek aye
Councilman Schramm aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
Councilman Pacer made a motion to approve Resolution 38 for the WD #12 Bond Resolution, second by Councilman Schramm and approved on a Roll Call Vote as follows:
Councilman Panek aye
Councilman Schramm aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
The Revised Cost Estimate for WD #12 was discussed; the annual cost with the 8″ PVC will be $938.61 per unit. It was asked if the .5 units on WD #12 were taken off and the reply was yes, there were no other water district that has .5 units so this one will not either; no charges to the tax bill will occur until the people receive water.
The Batavia North Joint Waterline Parcel Breakout and Tax Levies for 2023 was discussed; this is a joint venture with the Town of Elba, Oakfield, and Stafford with Batavia. We will reimburse Batavia our share.
Town Clerk Radley has a quote from Hurricane Technologies for upgrading the panels for our network system. This will need to be done before too long as the system is old and needs updating, the quote is only good through September. Councilman Pacer made a motion to approve the Hurricane Technologies quote an have the work done, second by Councilman Panek and approved on a Roll call Vote as follows:
Councilman Panek aye
Councilman Schramm aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
David Stephens spoke to the board concerning his farmland that just sold. Mr. Stephens has been to the Planning Board regarding the Land Separation that occurred when he hold his property. His neighbor has bought part of the property he formerly owned and is now concerned about the usage of the land. Concerns over the tilling causing runoff of water an manure into Black Creek Watershed, there are three ponds an a natural spring that could be affected. Mr. Stephens has spoken with the DEC and the Black Creek Watershed Committee about the issue. Mrs. Voorhees is a neighbor who spoke of having been flooded in the past and is now concerned about future flooding and water and sewer problems that may arise, example of contamination of wells and she is only trying to avoid any problems.
Town Clerk Radley presented the Tentative Budget for 2023 to the Town Board for review. She received the Tentative Budget from the Bookkeepers on August 26, 2022. The Town Board has until the October meeting to review and will schedule a Public Hearing when further revisions are made, and a Preliminary Budget is filed.
There was a discussion on the budget and how the Fire Department has such a big portion of it. It was asked if the Fire Department intends to increase the mount asked of the Town, the Fire Department is not asking for more money and is planning on decreasing the fleet of trucks they now have. The manpower was discussed and concluded that the manpower is low and that is why we have mutual responses most times. Some residents are also asking why they are not pressured to do more fundraising. The Fire Department is its own entity, and we cannot dictate what they do.
The law firm of Rich May has sent a letter of Engagement Agreement for us to retain their law firm to represent us for the ongoing Solar issues. There were questions about why we need to retain a lawyer at this stage; it was made clear that this firm will review our law and advise us where to go from here. This law firm was chosen after a search by former Councilman Mullen to find a law firm with experience in this field.
Donald Mullen spoke and asked about the Public Hearing on September 6. The meeting was originally scheduled for August 25 but was discovered that it was not sufficient tie to advertise and prepare so it was moved to September 6 an advertised properly in the Daily News and the website. He also asked about the Court and Court Attendant; this position is for the Court Security an Civil Service title is Court Attendant. There is a need to have a back up for the security position.
Mr. Mullen also asked the Town Board to listen to and represent the residents of the Town of Stafford who elected them. We have passed a law to protect the citizens of Stafford and asked to uphold that law. A mention was made of a possible conflict of interest with Gerry Wood being the Zoning and Code Enforcement Officer an asked if he should step back from this project, possibly using someone else to represent the Town of Stafford in this project and pay them with the Escrow money we would get from BW Solar. Mr. Mullen was also disappointed in the Zoning Board for approving the change that was made by them regarding the Solar Project. He also would like the comprehensive plan looked at and not to back down to BW Solar and the threat of litigation by that company. Councilman Panek stated that is why we are retaining a specialty lawyer to oversee the law we have written an to protect the citizens of Stafford.
There was a question of the Solar Law pertaining to the electric power lines and poles leading to the transmission lines. The law does not and does fall under the guidance of the Zoning Board.
Councilman Schramm made a motion to accept Resolution 39, JCAP Grant for the Town Court, second by Councilman Panek and approved on a Roll Call Vote as follows:
Councilman Panek aye
Councilman Schramm aye
Councilman Duyssen aye
Councilman Pacer aye
Supervisor Clement aye
The Town has received three applications for the Assessor position an will be discussed in Executive Session.
Linda Call asked permission for the Historical Society to conduct a Baked Good Sale during the November General Election. Permission was granted.
Councilman Panek was asking about the Lathan Property on Route 237; is there any more news on this? Is the owner still conducting business? It was reported that Code and Zoning Officer Wood has the history of the property and is aware of what is happening.
Councilman Pacer thanked all for the concern of his absence from the past meetings. He had fallen and needed surgery. Thankfully now he is getting better.
Gary Snell mentioned that the weeds at the park need to be taken care of; and the sign on Transit Rd. is fading and needs to be replaced. Highway Supervisor Boldt will investigate these concerns. Also, the signs are being made for the winter parking hours.
Councilman Panek made a motion to accept Abstract #9 General Fund in the amount of $19,301.18, second by Councilman Duyssen and approved on a 5-0 vote.
Councilman Panek made a motion to accept Abstract #9 Highway Fund in the amount of $6,379.22, second by Councilman Duyssen and approved on a 5-0 vote.
Councilman Panek made a motion to accept Abstract #9 Water Fund in the amount of $12,883.12, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Panek made a motion to accept Abstract #9 Capital Projects in the amount of $8,109.40, second by Councilman Duyssen and approved on a 5-0 vote.
Councilman Panek made a motion to adjourn to Executive Session at 9:17pm, second by Councilman Schramm and approved on a 5-0 vote.
Upon returning from Executive Session Councilman Panek made a motion to adjourn the meeting at 9:55pm, second by Councilman Schramm and approved on a 5-0 vote.
Respectfully Submitted
Barbara Radley
Town Clerk