TOWN OF STAFFORD TOWN BOARD MEETING
APRIL 8, 2024
The April 8, 2024 Stafford Town Board Meeting was called to order at 7:30 pm by Supervisor Clement leading the Pledge of Allegiance.
Present for the meeting were Councilman Panek, Councilman Young, Councilman Duyssen, Councilman Pacer, Highway Superintendent Boldt and Town Clerk Radley.
Also, in attendance were Phyllis Darling, Ed Schramm, Cathy Worthington, Don Mullen, Donna Voorhees, Andrew Darling, Eric Wies from CPL and David DiMatteo, Attorney.
Councilman Pacer made a motion to accept the Financial Reports, second by Councilman Panek and approved on a 5-0 vote.
Councilman Duyssen made a motion to accept the Fire Department Report, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Duyssen made a motion to accept the CEO/ZEO Report, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Duyssen made a motion to accept the Assessor’s Report, second by Councilman Pacer and approved on a 4-0-1 vote.
Councilman Pacer made a motion to approve Resolution 21, second by Councilman Panek 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 21 DATED: APRIL 8, 2024
RESOLUTION TO NAME A DEPUTY SUPERVISOR IN CHARGE OF PARKS
WHEREAS it is generally accepted that municipal parks are an important resource to the Town of Stafford, benefitting the entire Stafford Community, and
WHEREAS the Town Board recognizes that accessibility to parks adds to the quality of life of the residents, with the recreational opportunities they provide and,
WHEREAS the Town Board acknowledges the importance of the preservation, upkeep, and maintenance of parks to be vital to the Town of Stafford and,
WHEREAS in the interest of preserving these community resources and opportunities, the Town Board seeks to create a new position responsible for ensuring that the parks continue to be a safe, reliable, and enjoyable resource to the Stafford Community and,
WHEREAS the Town Board would like to create a position of Deputy Supervisor in Charge of Parks and name Councilman Terry Young as Deputy Supervisor in Charge of Parks, and
WHEREAS this position would be filled by Town Board Councilman Terry Young who would oversee the operation of Parks with a salary of $4,000.00 to be added to his salary of said Councilman, and
WHEREAS this position would be line A1010.12 for $4,000.00, and
THEREFORE, the position of Deputy Supervisor in Charge of Parks will be created with a salary of $4,000.00 in line A1010.12.
Offered by: Councilman Pacer
Second by: Councilman Panek
Roll Call Vote:
Councilman Panek Yes
Councilman Young Abstain
Councilman Duyssen Yes
Councilman Pacer Yes
Supervisor Clement Yes
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Councilman Panek made a motion to appoint Terry Young as the Deputy Supervisor in Charge of Parks, second by Councilman Pacer and approved on a Roll Call vote 4-0-1:
Councilman Panek Yes
Councilman Young Abstain
Councilman Duyssen Yes
Councilman Pacer Yes
Supervisor Clement Yes
Councilman Panek made a motion to approve Resolution 22, 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 22 DATED: APRIL 8, 2024
INCREASE IN CONSTRUCTION PAYMENT TO CPL FOR WATER DISTRICT #12
WHEREAS the engineering firm Clark Patterson Lee (CPL) has asked for an Engineering Services Amendment No. 2 for CPL Project R19.15203.00 to increase the construction payment by $61,600.00 due to the increased time involved in the boring under the New York State Thruway and CSX Railroad and,
WHEREAS the engineering firm has incurred additional expenses and has provided additional engineering services during the development and construction phases of the project listed above and,
WHEREAS the construction was slowed due to geotechnical and subsequent equipment issues with the horizontal bore crossing of the NYS Thruway and delays with obtaining a date for the CSX crossing and,
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WHEREAS with these unforeseen events, the fees for Construction Administration and Inspection budget lines will need additional compensation to continue these services while assisting with additional requests from NYSEFC, NYSDOH, MCWA Town of Batavia Water Department and USDA and,
WHEREAS the Town Board has the opportunity to review the cost allotment which the Town Board finds to be fair and reasonable, agrees to the increased cost allotment providing the amount will not cause the project to go over budget and,
WHEREAS the original fee was $393,400.00, the additional fee of $61,600.00 would be added to bring the total to $455,000 and,
THEREFORE, BE IT RESOLVED that the Town Board has reviewed the requested $61,600.00 increase to Water District #12 project by the Engineering Services Amendment No. 2 for CPL Project R19.15203.00 and approves the increase providing that this does not go over the budget of the project.
Offered by: Councilman Panek
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
Supervisor Clement read a timeline for Water District # 14 with the expected dates for the completion of the district. Eric Wies of Clark Patterson Lee gave an update on Water District #12, 14 and 15. Mr. Wies reported that for Water District # 14 a Map Plan and Report with a petition is being distributed by a resident and due diligence is in process to get them signed and back for the district to move forward. This district is for the Clapsaddle and Fargo Roads.
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Councilman Duyssen made a motion to approve Resolution 23, 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
RESOLUTION NO. 23 DATED: APRIL 8, 2024
RESOLUTION ACKNOWLEDGING THAT THE REQUIRED AUDIT OF THE COURT RECORDS AND DOCKETS WAS CONDUCTED
WHEREAS, Section 2019-a of the Uniform Justice Court Act requires that Town Justices annually provide their court records and dockets to their respective Town Auditing Board, and that such records be audited, and that fact be entered into the minutes of the Board’s proceedings; and
WHEREAS an audit was conducted of the Town Justices records and dockets by Lumsden McCormick CPA
NOW, THEREFORE, BE IT RESOLVED, the Stafford Town Board hereby acknowledges that the required audit of the Court Records and Dockets was conducted and hereby directs the Supervisor to forward a copy of the auditor’s report along with a copy of this resolution to Joan Casazza or Daniel Johnson, Chief Internal Auditor, NYS Unified Court System, 185 Jordan Rd, Suite 1, Troy, New York 12180.
Offered by: Councilman Duyssen
Second by: Councilman Pacer
Approved on a Roll Call vote:
Councilman Panek Yes
Councilman Young Yes
Councilman Duyssen Yes
Councilman Pacer Yes
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Supervisor Clement Yes
Councilman Pacer made a motion to approve Resolution 24, second by Councilman Duyssen and approved on a 5-0 vote.
RESOLUTION 24 DATED: APRIL 8, 2024
RESOLUTION TO ACCEPT WATER DISTRICT #12 INFORMATION
WHEREAS the Town Board has received information regarding Water District #12 and,
WHEREAS the Town Board has reviewed the information received regarding Water District #12 and,
THEREFORE, the Town Board of the Town of Stafford accepts the information received regarding Water District #12.
Offered by: Councilman Pacer
Second by: Councilman Duyssen
Approved on a 5-0 vote.
Councilman Young made a motion to approve Resolution 25, 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 25 DATED: APRIL 8, 2024
REAL PROPERTY ACTIONS
The Town Board of the Town of Stafford met at a regular board meeting at the Town Offices of the Town of Stafford, New York on April 8, 2024, commencing at 7:30pm, and the following members were:
Present Supervisor Robert Clement
Councilmember Ronald Panek
Councilmember Terry Young
Councilmember James Duyssen
Councilmember Robert Pacer
Absent:
WHEREAS all Board Members, having due notice of said meeting, and that pursuant to Article 7 § 104 of Public Officers Law, said meeting was open to the general public and due and proper notice of the time and place whereof was given as required by law; and
WHEREAS the Town Board of the Town of Stafford has determined it is in the best interest of the Town to direct the Town Attorney to commence the Real Property Actions and Proceedings Article 19-B abandonment procedure and file an action against James D. Pontillo based the outstanding code violations occurring at his property located at 6177 Main Street Road, Stafford, New York; and
NOW ON MOTION OF Councilman Young which has been duly second by Councilman Panek, now therefore be it
RESOLVED the Town Board of the Town of Stafford hereby directs the Town Attorney to commence the Real Property Actions and Proceedings Article 19-B abandonment procedure and file an action against James D. Pontillo based the outstanding code violations occurring at his property located at 6177 Main Street Road, Stafford, New York
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Ayes: 5
Nays: 0
Quorum Present Yes
Dated: April 8, 2024 Barbara Radley
Barbara Radley, Town Clerk
Town of Stafford
{SEAL}
Councilman Panek made a motion to approve Resolution 26, 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 NO. 26 DATED: April 8, 2024
AMENDING 2024 BUDGETARY LINE ITEMS
JCAP GRANT AWARD
WHEREAS the Town of Stafford Court received official notification from the State of New York Unified Court System that the Town has been awarded a grant under the 2023-2024 cycle of the Justice Court Assistance Program (JCAP) in the amount of four thousand eight hundred eighty-eight dollars and five cents ($4,888.05) (letter attached); and
WHEREAS line items need to be amended in the 2024 budget to account for these funds.
NOW, THEREFORE, BE IT RESOLVED, the Stafford Town Board hereby amends the following line items:
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A3089 State Aide Revenues Misc $4,888.05
A1110.4 Municipal Court – Contractual $304.98
A1110.2 Municipal Court – Equipment $4,583.07
Offered by: Councilman Panek
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
Councilman Panek made a motion to approve Resolution 27, second by Councilman Young and approved on a 5-0 vote.
RESOLUTION 27 DATED: APRIL 8, 2024
TOWN OF STAFFORD
RESOLUTION FOR SPECIAL BOARD MEETING
FOR PROPOSED WATER DISTRICT NO. 14
IN THE TOWN OF STAFFORD
Adopted: April 8, 2024
WHEREAS the Town Board of the Town of Stafford held a regular meeting at the Town Hall located in Stafford, New York on the 8th day of April 2024 commencing at 7:30 pm, at which time and place the following members were:
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Present: Supervisor Robert Clement
Councilperson Ronald Panek
Councilperson Terry Young
Councilperson James Duyssen
Councilperson Robert Pacer
Absent:
WHEREAS all Board Members, having due notice of said meeting, and that pursuant to Article 7, § 104of the Public Officers Law, said meeting was open to the general public and due ad proper notice of the time and place whereof was given as required by law; and
WHEREAS the Town Board has received reports from residents of a certain portion of the Town of Stafford near and along the Town of Bethany border who are currently reliant upon private wells and have reported experiences of insufficient quantity, poor quality, and concerns over inadequate fire protection; and
WHEREAS the Town Board has become aware that said residents currently incur burdensome annual costs for private water treatment systems, purchases of bottled water and offsite laundry services; and
WHEREAS, the Town Board acknowledges that said residents have made their desires for public water service to be brought to the area, stating concerns over escalating health problems, water shortages, and declining water quality at their properties; and
WHEREAS in the interest of providing a safe and reliable potable water supply and fire protection to its residents, the Town Board of the Town of Stafford is considering establishing Water District No. 14 in the Town of Stafford; and
WHEREAS the Town of Stafford had adopted a resolution to contract the services of Clark, Patterson & Lee (hereinafter referred to as “CPL”) to create a Map, Plan & Report for the purposes of analyzing the formation of the proposed Water District; and
WHEREAS the Town Board of the Town of Stafford has been provided with the prepared Map, Plan and Report from CPL and said Map, Plan and Report has been filed in the Town Clerk’s Office and is available for public inspection; and
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WHEREAS the Map, Plan and Report describes the boundaries of the proposed District, the proposed method of operation, the maximum amount proposed to be expended for the completion of the water completion of the water district, and the cost of the proposed district to the typical property; and
WHEREAS the Town Board of the Town of Stafford acknowledges the need to complete the State Environmental Quality Review (SEQR) for this proposed Water District as a Type 1 Action and believes they are the appropriate entity to act as the Lead Agency for the purposes of SEQR; and
WHEREAS the Town Board of the Town of Stafford believes it to be in the best interest of its residents to proceed with the establishment of Water District No. 14pursuant to Article 12 of Town Law and anticipates receipt of the Petition of its residents for same; and
WHEREAS the Town Board of the Town of Stafford acknowledges that Water District No. 14will require a public hearing and the approval of the New York State Office of the Comptroller on the project; and
NOW ON MOTION OF Councilman Panek which has been duly seconded by Councilman Young, be it hereby
RESOLVED that the Town Board of the Town of Stafford has determined that establishment of Water District No. 14 to be in the best interest of its residents, and will provide a safe and reliable potable water supply and fire protection to said residents; and
RESOLVED the Town Board of the Town of Stafford declares its status as Lead Agency and agrees to complete the SEQR process as a Type 1 Action based upon review of the Map, Plan & Report, and anticipates a finding of no negative environmental impacts; and be it further
ORDERED that the Town Board will hold a Special Meeting on Monday, April 15, 2024 in the Town Hall, in Stafford, New York to accept the Petition of the residents within Water District No. 14, to accept the Map, Plan and Report and to schedule a public hearing.
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Ayes: 5
Nays: 0
Quorum Present: Yes
Dated: April 8, 2024 Barbara Radley
Barbara Radley, Clerk
Town of Stafford
[SEAL]
Councilman Pacer made a motion to approve Resolution 28, 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 28 DATED: APRIL 8, 2024
RESOLUTION TO ACCEPT RESIGNATION OF ZBA BOARD MEMBER AND APPOINT NEW BOARD MEMBER
WHEREAS the Zoning Board of Appeals has received a letter of resignation from member Jim Balonek after serving for several years and,
WHEREAS the Zoning Board of Appeals has an alternate, Tim Thomas, who is willing to move from the alternate position to a regular board member and,
WHEREAS the Zoning Board of Appeals has advertised for a new Zoning Board of Appeals Alternate to fill the position created by moving Tim Thomas to a regular member and,
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WHEREAS the Zoning Board of Appeals will conduct interviews and chose an alternate member to be approved by the Stafford Town Board and,
THEREFORE, BE IT RESOLVED that Tim Thomas will be a regular member of the Zoning Board of Appeals and an alternate board member will be chosen by the Zoning Board of Appeals pending the approval of the Stafford Town Board.
Offered by: Councilman Pacer
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
The Councilmen received a proposal for painting the Post Office by RFP (Request for Proposal) and it was discussed. Town Clerk Radley will follow up with this to get the Post Office interior painted.
The County sent a proposal to apply for a Grant up to $5,000.00. Supervisor Clement read the proposal; Councilman Panek requested Zoning Officer Mullen to investigate the possibility of using this grant for digitizing the Zoning and Code Office records.
Highway Superintendent Boldt reported that his crew will be attending safety training on Tuesday and that they are working on the playground equipment to make it safer. Right now, the equipment is aging and has many rough spots and peeling paint. Eventually, this equipment will need to be replaced, for now they would like to have the sharp edges ground down and repair and replace the immediate needs. They will look into pricing for the next budget and replace it as necessary. Fortunately, the company that the equipment was purchased from is still in business and will be contacted for pricing and availability.
Councilman Panek reported that he received a phone call from the Fire Department regarding the future water districts. They are looking at replacing and removing trucks from their fleet and would like to know if we will have hydrants available to use on the new trucks. Councilman Panek advised them to keep up to date with the monthly minutes on the website to get all updates.
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Town Clerk Radley requested permission to attend the Leadership Genesee program in 2025 at a cost of $2,750.00. This would enhance her knowledge of the county and what is available for our residents as well as her knowledge of what is available to guide residents to services in our county.
Supervisor Clement made a motion to approve Town Clerk Radley to attend Leadership Genesee in 2025, second by Councilman Pacer and approved on a 5-0 vote.
Cathy Worthington asked what auditors we used and why two auditors? It was explained that Lumsden & McCormick performed an independent audit and Laura Landers is the consultant filing an AFR (Annual Finance Report) to the Office of the State Comptroller. She asked about getting grants and was told that we apply for grants as needed. Cathy was asking about a timeline for obtaining water at her residence, she is all hooked up except for a water meter; it was explained that Monroe County Water Authority will be in touch when the water is ready to be turned on to all on Water District #12.
Zoning Officer Mullen updated us on his training. He has completed four of six classes and 2/3 of his classes are complete. He now can act on property maintenance issues and is already working on this. His last class is at the end of June and will be ready to fully work starting in July.
Councilman Panek was mentioning that we had a public meeting in the past regarding the Magistrates publication; are we compliant and is our attorney aware of this? Yes, we are all set on this issue
Councilman Duyssen made a motion to pay Abstract 4 General Fund in the amount of $35,311.74, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Duyssen made a motion to pay Abstract 4 Highway Fund in the amount of $11,813.83, second by Councilman Pacer and approved on a 5-0 vote.
Councilman Duyssen made a motion to pay Abstract 4 Capital Projects in the amount of $354,164.78, second by Councilman Pacer and approved on a 5-0 vote.
Supervisor Clement made a motion to adjourn the meeting at 8:50pm, second by Councilman Duyssen and approved on a 5-0 vote.
Respectfully Submitted
Barbara Radley
Town Clerk/Tax Collector