Marion TBM September 2017

TOWN BOARD MEETING
Marion Municipal Room
September 11, 2017


A regular meeting of the Town Board of the Town of Marion, Wayne County, NY was held on Monday, September 11, 2017 in the Marion Municipal Room.

Supervisor Deyo called the meeting to order at 7:04pm

PRESENT: LaVerne Bliek, Councilman
Michael Fonte, Councilman
Ronald Lonneville, Councilman
Monica Deyo, Supervisor

ABSENT:   Nathan Kauffman, Councilman

OTHERS IN ATTENDANCE: Perry Howland, Sun & Record; Tim Boerman, Highway Superintendent; Duane Smeatin, Code Enforcement Officer; Jeff Cragg, Waste Water Treatment Plant Operator; Nick Deming, Joan Fisher, Ray Seppeler, Randy Balliet, Joe Mander and Heidi Jensen, residents and 15 par-gov students.

Councilman Michael Fonte led us in the Pledge of Allegiance.

TOWN BUSINESS: Councilman Lonneville thanked Tim Boerman and his highway crew for finishing the public parking lot. Councilman Lonneville stated he will be meeting with Steve Schutt to address the sign issues on either end of Town. They need to be repainted so they are more visible.

CITIZEN’S COMMENTS: None

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk: Jeff Cragg, Waste Water Treatment Plant Operator, stated he has two resolutions on the agenda tonight. One is for the fuel oil for the plant and the other to accept the quote for repairs on the pump station on Sunset Drive. Jeff also stated he recently had a meeting with the Wayne County Water and Sewer Authority regarding the progress of the regional facility. The cost is estimated between 30 and 33 million dollars. We are still waiting on financing. We should know by November what that will be.
Debbie Smith, Town Clerk, reported that they have completed the dog census and will be sending out second notices to those who have not responded.

Councilman Bliek arrived at 7:15pm.

Mike Fonte: Public Safety, Judicial, Library: Councilman Fonte reported nothing new on Judicial. He received a report from Tracy highlighting her programs for the month.

Nathan Kauffman: Parks, Recreation, Assessor: Absent. Supervisor Deyo stated Tina McQuillan, Assessor, has been processing the Enhanced Star applications for next year. Regarding Parks and Recreation, Supervisor Deyo stated the programs are all done. We had a good turnout for all of them with good leaders. We are looking at things to expand the facilities at the park.

Historian, Planning and Zoning: Councilman Lonneville stated we are moving forward at the Marion Museum “Jennie’s House”. We are hoping to complete the heating and electric this week. We are hoping to have some kind of Open House for Harvest in the Hamlet. Caryn Devlin is still working on the inventory. We are looking to come up with a list of contents so that we can get them covered under our insurance.
Regarding Planning and Zoning, Councilman Lonneville stated we will be having
a meeting of the Comp Plan Team on Wednesday. We will be working on stuffing envelopes for the community-wide survey. This is a chance for everyone to give input into our new vision for Marion. Councilman Lonneville explained the Comprehensive Plan to the students.

LaVerne Bliek: Highway, Drainage: Regarding Drainage, Councilman Lonneville asked Art Williams, Town Attorney, what authority the Drainage Committee has to go across properties without permission or an easement. Art Williams stated without the owner’s permission or a recorded easement, we probably cannot go across their property. Tim Boerman stated they finished the drainage project on North Main last month. He stated he and his crew did a
drainage job on Russell Road, oiled and stoned it today; did a lot of maintenance on the trucks last month, swept Jagger Road, mowed park, roadsides, Jennie’s House , Library. Regarding parks, Tim stated Fall Ball has started in the Park.

Supervisor Deyo opened the first Public Hearing at 7:25pm and closed it at 7:29pm; the second Public Hearing opened at 7:30pm and closed at 7:31pm; the third opened at 7:32pm and closed at 7:36pm. Minutes to follow Town Board Meeting minutes.

RESOLUTION 090117
APPROVE AUGUST 14, 2017 TOWN BOARD MEETING MINUTES
On a motion by Councilman Bliek and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board approves the August 14, 2017 Town Board meeting minutes.

RESOLUTON 090217
APPROVE AUGUST 24, 2017 SPECIAL TOWN BOARD MEETING MINUTES

On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board approves the August 24, 2017 Special Town Board meeting minutes.

RESOLUTION 090317
APPROVE AUGUST 28, 2017 SPECIAL TOWN BOARD MEETING MINUTES

On a motion by Councilman Bliek and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board approves the August 28, 2017 Special Town Board meeting minutes.

RESOLUTION 090417
RECEIVE/FILE ALL CORRESPONDENCE/REPORTS FOR SEPTEMBER, 2017
On a motion by Councilman Bliek and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for September 11, 2017.

CORRESPONDENCE:
1. Wayne County 911
2. Thank you letter – William Vandeweghe
3. Labella – Wayne County Regional WWTP – Negative Declaration
4. Letter to Senator Helming

REPORTS:
1. Town Clerk August 2017
2. Justice Bonafede August 2017
3. Justice Bender August 2017
4. Code Enforcement Officer August 2017
5. A. Money Market August 2017
B. Trial Balance August 2017
C. Treasurers Report August 2017
6. Library Director August 2017
7. Wayne County Sheriff July 2017

RESOLUTION 090517
AUTHORIZE PUBLIC HEARING FOR A LOCAL LAW ENTITLED “Real Property Tax Levy Limit”

On a motion by Councilman Bliek and seconded by Councilman Lonneville,
the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to advertise in the legal newspaper for the Town of Marion as follows:

The Marion Town Board will hold a Public Hearing on October 2, 2017 @ 5:00PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for a proposed Local Law #1 – 2016 regarding the “Real Property Tax Levy Limit” as follows:
Local Law #1 – 2017 “Real Property Tax Levy Limit”

Section 1. Legislative Intent
It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Marion pursuant to General Municipal Law §3-c, and to allow the Town of Marion to adopt a budget for the fiscal year 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority
This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by the vote of sixty percent (60%) of the town board.

Section 3. Tax Levy Limit Override
The Town Board of the Town of Marion, County of Wayne, is hereby authorized to adopt a budget for the fiscal year 2018 that requires a real property levy in excess of the amount otherwise proscribed in General Municipal Law, §3-c

Section 4. Severability
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

RESOLUTION 090617
ADOPT LOCAL LAW #1 – 2017 REPEALING LOCAL LAW NO. 1 FOR 2015 “PROPERTY NUISANCE ABATEMENT”

On a motion by Councilman Bliek and seconded by Councilman Lonneville, the following resolution was put to a vote by roll call which resulted in the following:

Councilman Bliek Yes
Councilman Fonte Yes
Councilman Lonneville Yes
Supervisor Deyo Yes

The resolution was declared duly adopted.

Section 1. That the Town Code of the Town of Marion is hereby amended, which shall provide as set forth in Schedule A annexed hereto and made a part hereof.

Section 2. All other local laws and ordinances thereof of the Town of Marion inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this local law shall be in addition to other local laws or ordinances regulating and governing the subject matter covered by this local law.

Section 3. If any of the other provisions in the foregoing local law be decided by a court having jurisdiction to be unconstitutional or invalid, the same shall not affect the validity of the foregoing local law as a whole, or any part thereof, other than the part so decided to be unconstitutional or be invalid.

Section 4. Local Law No. 1 for 2015 entitled “Property Nuisance Abatement” is hereby repealed.

Section 5. This local law shall take effect immediately.

RESOLUTION 090717
ADOPT LOCAL LAW NO. 2 FOR 2017 “PROPERTY NUISANCE ABATEMENT LAW OF THE TOWN OF MARION”
On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was put to a vote by roll call which resulted in the following:

Councilman Bliek Yes
Councilman Fonte Yes
Councilman Lonneville Yes
Supervisor Deyo Yes

The resolution was declared duly adopted

Section 1. Title
This chapter shall be known as the Property Nuisance Abatement Law of the Town of Marion”

Section 2. Purposes.

Dangerous and unsafe building, structures and premises threaten life and property in the Town of Marion and constitute nuisances. Premises, whether occupied or unoccupied by human beings, improved or not, may become nuisances, dangerous and unsafe, by reason of faulty design or construction, violation of state or local codes, laws, rules or regulations or any combination of these or other factors that create a hazard to the community. This chapter provides for the safety, health, protection and general welfare of the persons and property of and in the Town of Marion by requiring that such unsafe premises be repaired, cured, cleared, cleaned, vacated or demolished.

Section 3. Definitions.

The following words, phrases and terms shall have the following meanings:

BUILDING – Any building, structure or portion thereof used for any or no purpose whether vacant or occupied, including residential, business, agricultural or industrial purposes.

BUILDING INSPECTOR – The Building Inspector of the Town of Marion or such other person appointed by the Town Board to enforce the provisions of this Local Law.

DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS AND WATERCRAFT – Motor vehicles, truck bodies, tractors, trailers or watercraft in such state of physical or mechanical disrepair or ruin as to be incapable of propulsion or of being operated upon the public streets or highways or on the water, as the case may be.

JUNK – Worn out or discarded material of little or no value, including, but not limited to household appliances or parts thereof, tools, discarded building materials, discarded furniture, used tires or any unsightly debris, the accumulation of which has an adverse effect upon neighborhood or town property values, health, safety or general welfare. “Junk” shall also include refuse, trash and rubbish.

MOTOR VEHICLE – as defined in § 125 of the New York State Vehicle and Traffic Law; unlicensed motor vehicles, truck bodies, tractors or trailers; motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates.

NOXIOUS WEEDS AND GROWTH – Grass, brush, rubbish or weeds of a nature which are a fire or health hazard, including lawns in excess of eight inches in height and shall also include any plants or vegetation in excess of eight inches in height between the sidewalk and curb of any property.

PERSONS – Any person, firm, partnership, association, corporation, company or organization of any kind. “Persons” shall also include the occupant of the parcel of land.

TOWN – The Town of Marion.

TOWN BOARD – The Town Board of the Town of Marion.

UNSAFE PREMISES – Real property and/or any improvements, buildings, structures, equipment thereon or installations therein, including electrical, gas, water, sewer or septic service, whether above or below ground surface, that have become or are so dilapidated, decayed, unsafe, unsanitary, a fire hazard or are likely to cause injury, sickness or disease and, therefore, are a danger to the health, safety or general welfare of those residing in or upon the property or adjacent to same or to the citizens of the Town of Marion at large. Unsafe premises are further defined as properties that, because of their condition, are otherwise unsafe, unsanitary or dangerous to the people of the Town of Marion. Unsafe properties shall also be those properties that are in violation of the New York State Uniform Fire Prevention and Building Code, the New York State Public Health Law and the New York State Sanitary Code and such violation of Zoning, of the Town Code and other local laws and ordinances declared to be public nuisances by the Town Board by resolution. Unsafe premises may include the whole or any portion of any real property described in a deed recorded in the office of the Wayne County Clerk or on the tax rolls and Tax Map of the Town of Marion, Wayne County. Unsafe premises may be improved or unimproved real property, containing buildings and/or consisting of vacant land.

Section 4. Storage or accumulation of licensed, unlicensed and inoperable vehicles.

A. Restricted. Except as otherwise provided for in statute, no more than one unlicensed, inoperable, junked or wrecked motor vehicle, truck body, tractor body, tractor or trailer or watercraft shall be kept or stored outdoors on any public or private property within the Town of Marion for a period exceeding seventy two (72) hours. No person shall accumulate, store, or allow any unregistered motor vehicle, truck body, tractor or trailer or watercraft in the open upon any public or private property within the Town for a period exceeding seventy two (72) hours.

B. Exceptions. Any business lawfully engaged in automotive sales or repair may retain no more than three dissembled, inoperable, junked or wrecked vehicles in the open, whether covered or uncovered, for a period not to exceed 30 days, after which such vehicles shall be removed. This section shall not apply to property zoned, permitted and licensed junkyards established pursuant to Section 136 of the General Municipal Law.

C. Any singly permitted vehicle, truck body, tractor body, tractor or trailer or watercraft must be covered by a fitted car or watercraft cover. The use of cloth or plastic tarps is strictly prohibited.

Section 5. Noxious weeds or growth and junk prohibited.

A. No person shall maintain, plant or permit to remain on any private property any noxious weeds or growth, or permit junk to accumulate thereon.

B. All premises and immediate exterior property shall be maintained free from noxious weeds or growth. No owner, occupant or person having control of any lot or land in the Town shall maintain, plant or permit any noxious weeds on the lawn area adjacent to a house or accessory building located on the same house parcel.

C. The area between the property line and the curb, or for ten (10) feet outside the property line if there is no curb, shall be maintained to ensure that no growth of weeds, grass or flowers shall exceed eight (8) inches on average or to allow any accumulation of dead weeds, grass or brush.

D. If an area is established as a flower garden, garden, or natural area of wildflowers, the area must be clearly defined by the utilization of fencing, mulching or other form of delineation and shall be located not closer than ten (10) feet of any public roadway, street, or right of way.

E. It is prohibited to allow hedges, shrubs or trees to encroach onto public sidewalks and lines of sight of public roadways.

F. No person shall cause the accumulation of any noxious weeds or growth including raked leaves and lawn clippings to be deposited in whole or in part on any public roadway.

Section 6. Complaints

Complaints concerning any violation of this chapter shall be made to the Code Enforcement Officer for the Town of Marion, who shall immediately cause an investigation to be made with respect thereto and the written report of such investigation filed with the Code Enforcement Office.

Section 7. Notice of violations.

If, after such investigation, it appears that there is a reasonable basis to believe that any of the provisions of this chapter have been violated, the Code Enforcement Officer shall immediately cause a notice in writing to be served upon the owner or occupant of the property. The owner, occupant or any person having control over any lot, land or property found in violation of said code shall be notified in writing only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. Such notice shall set forth the nature of the complaint and shall direct the owner or occupant to remove said noxious weeds and growth, junk, motor vehicles or watercraft. The notice required under this chapter shall be served upon the owner or his or her executor, legal representative, agent, lessee or any other person having a vested or contingent interest in such premises as shown by the records of the Town Assessor or of the Wayne County Clerk. Service shall be made either personally or, if not by personal service, by registered or certified mail, and by first class mail addressed to the last known address, if any, of the owner, his or her executor, legal representative, agent, lessee or other person having a vested or contingent interest in such premises as aforesaid identified. If service is made by registered or certified mail, a copy of the notice shall be posted on the premises. The notice shall be in substantially the following form:

To the owner, occupant or person having charge of land known on the assessment roll of the Town of Marion as vacant lot(s) located on the __________ side of __________ Street or Avenue; or house and lot number __________ located on the __________ side of __________ Street or Avenue.

Notice is hereby given that you have failed to cut the grass or weeds, Local Law No. 2 of 2017 entitled “Property Nuisance Abatement.” Said grass or weeds must be cut, and any junk or refuse or unregistered or inoperable motor vehicle(s) or watercraft removed within seven (7) days from the date of the notice, if this notice is personally served upon you and ten (10) days from the date of this notice, if this notice is served upon you by registered or certified mail.

In case you fail or refuse to comply with this notice on or before the expiration of said seven (7) days or ten (10) days from the date of this notice, as the case may be, the Town of Marion, acting through its duly authorized agents, servants, contractors, officers and employees, will enter upon your land and cut said grass or weeds or remove said junk or refuse or unregistered or inoperable motor vehicle(s) or watercraft. The expense incurred by the Town, including vehicle towing, storage, the cost of disposing of said vehicle and an administration fee of $75.00, will be billed to you, and if not paid within 30 days, will be assessed against the above-described land, and shall constitute a lien thereon and shall be added to the next real property tax levied against the property by the Town and collected as provided by law.

A second or subsequent violation for the same offense within a calendar year will result in a civil penalty of $100.00 being billed to you, and levied upon your Town tax bill if not timely paid.

You will be notified in writing only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season.

Dated: Code Enforcement Officer

Section 9. Failure to comply.

A. In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Town Board in the event the aggrieved party requests a hearing pursuant to this Chapter the Town Board shall provide for the removal of the junk, motor vehicle, watercraft or noxious weeds and growth, as the case may be, either by Town employees or by contract, and the total cost thereof, including an administrative fee of Seventy Five Dollars ($75.00), shall be billed to the owner, and, if not paid within thirty (30) days, will be assessed upon the real property upon which the motor vehicle, junk, watercraft, or noxious weeds and growth are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Town in the manner provided by law for the collection of real property taxes.

B. In any case where the Town of Marion provides for the removal of junk, motor vehicle, watercraft, noxious weeds or growth, there shall be an administrative fee of Seventy Five Dollars ($75.00) assessed against the property from which the junk, motor vehicle, watercraft, noxious weeds or growth are removed.

C. A second violation for the same or subsequent offense within a calendar year will result in a civil penalty of One Hundred Dollars ($100.00) being billed to the property owner and levied upon the property owner’s Town tax and collected as provide by law if not timely paid.

This local law shall take effect immediately.

RESOLUTION 090817
ADOPT LOCAL LAW #3-2017 ‘PUBLIC NUISANCE LAW”

On a motion by Councilman Bliek and seconded by Councilman Lonneville, the following resolution was put to a vote on roll call which resulted in the following:

Councilman Bliek Yes
Councilman Fonte Yes
Councilman Lonneville Yes
Supervisor Deyo Yes

The resolution was declared duly adopted.

1. Title.
This shall be known as “Public Nuisances Law #3-2017 of the Town of Marion

2. Purpose
The Town Board finds that public nuisances exist in the Town of Marion in the operation of certain establishments and the use of property, including residential premises, in violation of the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code and the Code of the Town of Marion, which nuisances substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the Town, property values and the public health, safety, peace, comfort, conveniences or welfare. The Town Board further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the Town of Marion and the businesses thereof and the visitors thereto. It is the purpose of this Law to authorize the Town to impose sanctions and penalties for such nuisances and remediate the same, and such powers may be exercised either in conjunction with, or apart from the powers contained in other laws without prejudice to the use of procedures and remedies available under other such laws. The Town Board further finds that the sanctions and penalties and remedial measures authorized herein constitute an additional and appropriate method of law enforcement in response to the proliferation of public nuisances. The sanctions, penalties and remedial measures are reasonable and necessary in order to protect the health and safety of the people of the Town and to promote the general welfare.

3. Term defined.
A. A public nuisance is declared to exist where behavior in the use of or on the premises unreasonably interferes with the health, safety, peace, comfort or convenience of the general community occurring within a period of six months of such frequency or duration that the continued occupancy of the premises presumes continuation of such unreasonable interference regardless of whether or not any person has been convicted for violation of any provisions of the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code or the Code of the Town of Marion.

B. A public nuisance is declared to exist whenever, through violations of any of the following provisions resulting from separate incidents at a building, structure or place, three or more “notice of violation letters” are sent to the property owner within a period of 6 months.

Article 220 of the Penal Law, Controlled Substances Offenses.

Article 221 of the Penal Law, Offenses involving Marihuana.

Article 225 of the Penal Law, Gambling Offenses.

Article 230 of the Penal Law, Prostitution Offenses.

Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law, Criminal possession of stolen property.

The Alcoholic Beverage Control Law.

Article 265 of the Penal Law, Firearms and other Dangerous Weapons.

Sections 260.20 and 260.21 of the Penal Law, Unlawfully dealing with a child.

Article 263 of the Penal Law, Sexual Performance by a child.

Section 415-a of the Vehicle and Traffic Law, Vehicle dismantlers.

Section 175.10 of the Penal Law, Falsifying business records.

Sections 170.65 and 170.70 of the Penal Law, Forgery of an illegal possession of a vehicle identification number.

Possession, use or sale or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation of Article 120 of the Tax Law.

Article 158 of the Penal Law, Welfare Fraud.

Section 240.20 of the Penal Law, Disorderly Conduct

Section 240.26 of the Penal Law, Harassment Second Degree

Title 19 NYCRR, Chapter 1 New York State Uniform Fire Prevention and Building Code.

Chapter 96 of Town Code, Adult Uses

Chapter 110 of Town Code, Alcoholic Beverages

Chapter 117 of Town Code, Animals

Littering

Chapter 135 of Town Code, Building Code Administration

Chapter 164 of Town Code, Electrical Inspections

Chapter 126 of Town Code, Games of Chance

Chapter 191 of Town Code, Noise

Chapter 280 of Town Code, Vehicles, Unregistered

C. For the purpose of this section, where a violation is continuous, each week a violation continues shall be deemed a separate violation. A conviction for a violation shall not be required, and such violation shall be established by a preponderance of the evidence. However, a conviction as defined in accordance with the provisions of Section 1.20 of the Criminal Procedures Law shall constitute conclusive proof of a violation. Conviction of an attempt to commit a violation of any of the specified provisions shall be considered a conviction for a violation of the specified provision.

4. Powers of the Town Board
In addition to the enforcement procedures established elsewhere, the Town Board or the Town Board’s designee, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized:

A. To order the closing of the building, structure or place to the extent necessary to abate the nuisance; or
B. To suspend for a period not to exceed six months or revoke for a period of one year a certificate of occupancy issued for such premises, and to prevent the operator from obtaining a new certificate of occupancy for another location for the period of suspension or revocation; or
C. To suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the Town related to the conduct of a business or trace at the premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; or
D. Any combination of the above.

5. Service of Notice
Prior to the issuance of orders by the Town Board or the Town Board’s designee pursuant to this section, the Town Board or the Town Board’s designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant to Section 735 of the Real Property Actions and Proceedings Law and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee’s last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the clerk of any court before the hearing. The person in whose name the real estate affected by the orders of the Town Board or the Town Board’s designee is recorded in the office of the County Clerk shall be presumed to be the owner thereof. Proceedings shall be commenced by service of the notice and opportunity of a hearing within 60 days after the occurrence of the most recent violation cited in the notice.

6. Lack of knowledge no defense
The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charges of as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance, shall not be a defense by such owners, lessors and lessees, mortgagees and such other persons.

7. Enforcement
Five business days after the posting of an order issued pursuant to this chapter and upon the written directive of the Town Board or the Town Board’s designee, the Town Code Enforcement Officer is authorized to act upon and enforce such orders.

8. Orders to close premises
Where the Town Board or the Town Board’s designee close a building, structure or place pursuant to this chapter, such closing shall be for such period as the Town Board or the Town Board’s designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this chapter. If the owner, lessor or lessee shall file a bond in an amount determined by the Town Board or the Town Board’s designee, but which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the Town Board or the Town Board’s designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure or place has been directed to be closed by the order of the Town Board or the Town Board’s designee, then the Town Board or the Town Board’s designee may vacate the provisions of the order that directs the closing of the building, structure or place.

9. Closing no possession by Town
A closing directed by the Town Board or the Town Board’s designee pursuant to this chapter shall not constitute an act of possession, ownership or control by the Town of the closed premises.

10. Penalties for offenses.
A. It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, structure or place, or portion thereof, ordere3d closed by the Town Board or the Town Board’s designee. Mutilation or removal of a posted order by the Town Board or the Town Board’s designee shall be punishable by a fine of not more than $250.00 or by imprisonment not exceeding 15 days, or both, provided such orders contain therein a notice of such penalty.

B. Intentional disobedience or resistance to any provision of the orders issued by the Town Board or the Town Board’s designee pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed six months, or both.

11. Rules and regulations
The Town Board or the Town Board’s designee may promulgate rules and regulations to carry out and give full effect provisions of this chapter.

This local law shall take effect immediately.

RESOLUTION 090917
ACCEPT PROPOSAL BY BOVET LAWN, GARDEN & LANDSCAPING SERVICES FOR 2018
On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board accepts the proposal from Bovet Lawn Garden & Landscaping Service to include the following: Initial cleanup and mulching of the Marion sign planter at the North and South ends of Town on Route 21, not to exceed $345.00 for 2018; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to: Bovet Lawn Garden and Landscaping and Principal Account Clerk.

RESOLUTION 091017
AUTHORIZE E & V ENERGY CORP. AS FUEL OIL PROVIDER FOR WWTP FOR 2018

On a motion by Councilman Lonneville and seconded by Councilman Bliek, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

WHEREAS, the Town of Marion has requested and received quotes for fuel oil for 2017; now

BE IT RESOLVED, that the Marion Town Board accepts the quote received from E & V Energy Corp. 2737 Erie Drive, Weedsport NY in the fixed amount of $1.7762 per gallon commencing January 1, 2018 thru December 31, 2018; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to: E & V Energy Corp, WWTP Operator, Principal Account Clerk.

RESOLUTION 091117
ACCEPT PROPOSAL SUBMITTED BY LECLAIRE-FLEMING MECHANICAL

On a motion by Councilman Fonte and seconded by Councilman Lonneville, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board accepts the proposal from LeClaire-Flemming Mechanical to repair 2 4” check valves on a pump station at a cost not to exceed $5757 to be paid out of Equipment Repair 81304.07.0.012; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to: LeClaire-Flemming Mechanical, WWTP Operator and Principal Account Clerk.

Supervisor Deyo recessed the meeting for the Board to review the claims at 7:58pm. The meeting reconvened at 8:12pm.

RESOLUTION 091217
PAYMENT OF CLAIMS

On a motion by Councilman Fonte and seconded by Councilman Lonneville, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

WHEREAS, the Marion Town Board has received and audited the following claims; now
BE IT RESOLVED, that the Supervisor is hereby authorized to pay said claims upon receipt of the signed abstracts of audited claims from the Town Clerk.

 

Abstract


General $ 16,735.18

Highway 135,934.85
Library 1,731.18
Water 0.00
Sewer 4,507.84
Street Lighting 595.11
Drainage 5,263.27
Trust & Agency 2,699.10

Total $167,466.53

With no further business, on a motion by Councilman Fonte and seconded by Councilman Lonneville, Supervisor Deyo recessed the meeting at 8:13 pm.

Budget Workshop: Monday, September 25, 2017 @ 7:00pm
Public Hearing: Tuesday, October 3, 2017 @ 5pm
Meeting: Tuesday, October 3, 2017 following Public Hearing

_________________________________________
Deborah D. Smith, Town Clerk/Clerk of the Board