PUBLIC HEARING/REGULAR TOWN BOARD MEETING

Marion Municipal Room

October 3, 2017

 

A regular meeting of the Town Board of the Town of Marion, Wayne County, NY was held on Tuesday, October 3, 2017 in the Marion Municipal Room.

 

Supervisor Deyo called the meeting to order at 7:12pm

 

PRESENT:   LaVerne Bliek, Councilman

Michael Fonte, Councilman

Ronald Lonneville, Councilman

Nathan Kauffman, Councilman

Monica Deyo, Supervisor

 

ABSENT:

 

OTHERS IN ATTENDANCE: Perry Howland, Sun & Record; Duane Smeatin, Code Enforcement Officer; Jeff Cragg, Waste Water Treatment Plant Operator; Joan Fisher, Norm Cuvelier and Michael Polito residents; Sarah Mayville, Deputy Town Clerk.

 

Councilman Lonneville asked to start with a moment of silence for Les Adriaansen, who donated a large sum of money to the Marion Museum. Les passed away unexpectedly.

 

Councilman Michael Fonte led us in the Pledge of Allegiance.

 

TOWN BUSINESS: PUBLIC HEARING – Local Law # 4  – 2017

BUDGET DISCUSSION

 

PUBLIC HEARING

October 3, 2017

 

Supervisor Deyo opened the Public Hearing at 7:08pm. She stated this is for the adoption of Local Law – #4-2017 “Real Property Tax Levy Limit”.

 

Supervisor Deyo stated there will be a resolution to override the property tax cap during tonight’s meeting following the Public Hearing. She stated if we go over the tax levy limit, we will not be penalized if we pass this resolution. Supervisor Deyo stated she does not expect that we will go over the limit, but we pass the resolution every year to play it safe.

 

With no questions or comments, Supervisor Deyo closed the Public Hearing at 7:11pm.

 

Supervisor Deyo opened the regular Town Board meeting at 7:12pm.

 

CITIZEN’S COMMENTS: Norm Cuvelier, Walworth Road resident, stated his neighbor drained the water out of his swimming pool and took it down 4 years ago. He said now there are weeds and trees growing up that should be cleared out.  He stated the Local Law # 2 which we just passed stated any weeds or grass over 8” should be cleaned up.  The weeds and trees are attracting rabbits and woodchucks.  Norm stated the Building Inspector was over and talked to the neighbor and the neighbor said he didn’t know what to do.  Mr. Cuvelier stated it was now up to the Town Board if they are going to enforce it.  Supervisor Deyo

asked Duane what the law encompassed. Duane stated he interpreted the law as meaning the whole lawn, not just a section of the lawn.  He said it is just in the area where the pool was, not the whole lawn – the rest of the lawn is mowed.  Duane stated the homeowner doesn’t know where to start as it has gotten out of hand.  After much discussion, it was decided the Board will work with the homeowner to see if he will clean it up.

 

BUDGET DISCUSSION:

 

Supervisor Deyo highlighted some budget items:

 

The tax rate for General – $0.93046

Highway- $3.08470

Library   – $0.68168

making the total tax rate – $4.69683, down from last year’s $5.15 per thousand

The total tax levy $1,383,525.54.

 

Supervisor Deyo stated we spent down some unappropriated fund balance as that was getting high. The auditors do not want to see that go over 25 – 30% of the total budget.

 

We increased the budget for Jennie’s House (Marion Museum) to 50,000.00.

 

Regarding salaries –

the elected officials received no raise

an increase for most others is 2.5%

an increase in the Librarian’s salary of $3,000.00

a decrease in the Town Clerk’s salary to $35,000.00

Contingency is at $12,000.

The Historian is up from $2,200. to $4,948.

We added $4,500 to the budget for the Comprehensive Plan and $3,000 for the consultant working with the Comprehensive Team.

 

 

COMMITTEE REPORTS:

 

Monica Deyo: Water, Sewer, Town Clerk:

Debbie Smith, Town Clerk, reported that they are busy collecting Water and Sewer payments.

  

Mike Fonte: Public Safety, Judicial, Library: Councilman Fonte had nothing for Judicial or Library. He has not been in touch with Kevin Rooney, Highway Superintendent, about the signs on Main Street yet.

 

Nathan Kauffman: Parks, Recreation, Assessor: Councilman Kauffman stated he has a draft for a social media policy to share. No news yet from the developer he spoke with about Sr. Housing in Marion.

 

Historian, Planning and Zoning: Historian: Councilman Lonneville stated the electric at Jennie’s House is 70% complete and the heat is 80% complete.  The front entry room was stripped of the plaster and is dry walled, thanks to Duane.  He also stated about 60 – 70 people came through the open house during the festival.  The Historic Association sold some ornaments at their booth.

Planning and Zoning – Councilman Lonneville thanked the Comprehensive Plan Team for their efforts in putting together the community-wide survey – John Cornell, Carrie Deming, Fred Walker, Greg Bell, John Lonneville, Virginia Mayville, Tracy Whitney, Nick Deming, Neil Zimmerman; and those putting extra work to get the survey out were Angela Patterson, Caryn Devlin, Julie Herman, Joan Fisher, Debbie Smith and Ron Lonneville. He also thanked Duane Smeatin and Kathy Cauwels for their help stuffing the envelopes.

 

The Comprehensive Plan team had a booth at the festival. There was a good turn out there with more surveys being turned in.  The biggest thing we will be working on is communication.  The next meeting of the team will be on the October 11 to go over the surveys and begin to update the Comprehensive Plan.  Councilman Lonneville thanked Tim Boerman for putting up the banner and bringing the picnic tables down for the festival.

 

LaVerne Bliek: Highway, Drainage: Councilman Bliek stated the Highway department redid Russell Road, mowed roadsides and they are working on getting trucks ready for the snow.

 

RESOLUTION 100117

APPROVE SEPTEMBER 11, 2017 TOWN BOARD MEETING MINUTES

 

On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

BE IT RESOLVED, that the Marion Town Board approves the September 11, 2017 Town Board meeting minutes.

 

RESOLUTON 100217

APPROVE September 11, 2017 PUBLIC HEARING MINUTES FOR LOCAL LAWS #1, 2 AND 3 FOR 2017

 

On a motion by Councilman Bliek and seconded by Councilman Fonte, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

BE IT RESOLVED, that the Marion Town Board approves the September 11, 2017 Public Hearings for Local Laws #1, 2 and 3 for 2017 minutes.

 

RESOLUTION 100317

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: 5 Bliek, Fonte, Kauffman, 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, 2017.

 

CORRESPONDENCE:

 

  1. State of New York Department of State – Local Laws # 1, 2 & 3-2017 filing notification
  2. Insurance Estimate – Eastern Shore

 

REPORTS:

  1. a.Town Clerk September 2017

b.Town Park Rentals September 2017

  1. Code Enforcement Officer September 2017
  2. A. Money Market September 2017
  3. Trial Balance September 2017
  4. Operating Statement September 2017
  5. Library Director September 2017
  6. Assessor September 2017
  7. A. Marion Fire District Minutes July 2017
  8. Marion Fire District Minutes August 2017
  9. Marion Fire District Minutes September 2017
  10. Sheriff’s Report August 2017

 

RESOLUTION 100417

AUTHORIZE 2017 SUBSIDIARY TRANSFERS AND AMEND 2017 BUDGET

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

BE IT RESOLVED, that the Marion Town Board approves the 2017 subsidiary transfers and amends the 2017 budget as follows:

September 30, 2017 transfers Resolution #2 10/3/17
Account# Account Description Debit Credit
General      
10104.1.0.3 TB Advertising  456.15
10104.1.0.4 TB Misc. 28.17
10104.1.0.5 Postage 28.17
11102.1.0.10 Computer-Annual 40.00
11104.1.0.5 Postage 40.00
11104.1.0.18 Justice Phone 42.58
11104.1.0.19 Mileage 42.58
12202.1.0.24 Software Maintenance 456.15
12204.1.0.13 Supervisor Forms 28.76
12204.1.0.16 Supervisor Seminars/Education 28.76
13302.1.0.29 Software 200.00
13304.1.0.4 Misc. 25.00
13304.1.0.5 Postage 50.00
Debit Credit
13304.1.0.19 Mileage 25.00
13304.1.0.28 Office Supplies  100.00
13551.1.0.23 PT Clerk 65.00
13554.1.0.3 Advertising 65.00
14104.1.0.4 Misc. 100.00
14104.1.0.12 Equipment Repair 79.00
14104.1.0.16 Seminars 79.00
14104.1.0.27 Dues 75.00
14104.1.0.37 Notary Fees 25.00
16204.1.0.12 Gas & Electric 224.00
16204.1.0.50 Renovations 97.99
16204.1.0.50 Renovations 224.00  
16204.1.0.50 Renovations 207.99
16204.1.0.50 Renovations 283.01
16204.1.0.50 Renovations 120.01
16204.1.0.50 Renovations 192.00
16204.1.0.52 Security System 192.00
16704.1.0.53 Copier Maintenance 120.01
71101.01.0.0 Parks PS 2874.00
75104.01.0.4 Misc. 283.01
755104.1.0.4 Misc. 97.99
755104.1.0.4 Misc. 207.99
80102.1.0.29 Software Pilot 25.05
80102.1.0.29 Software Pilot 16.25
80102.1.0.29 Software Pilot 46.38
80104.1.0.11 Supplies 46.38
80104.1.0.16 Seminars 25.05
80204.1.0.206 NYMS 16.25
Total  $   5126.34 2252.34
Highway
5031.3.0 Reserve Transfer 70000.00
51101.3.0.112 DeFisher 1.50
51101.3.0.113 Ford 214.75
51101.3.0.114 Taber 3248.44
51101.3.0.115 Phillips 271.00
51101.3.0.116 Vanderbrook 125.00
51101.3.0.116 Vanderbrook 252.99
Debit Credit
51101.3.0.116 Vanderbrook 326.96
51101.3.0.116 Vanderbrook 464.05
51104.3.0.3 Advertising 50.00
51104.3.0.5 Postage 50.00
51104.3.0.60 Uniforms 326.96
51104.3.0.65 Equipment Rental 500.00
51104.3.0.69 Paper Goods 75.00
51104.3.0.119 Attorney 125.00
51104.3.0.121 Oil 34802.85
51104.3.0.121 Oil 21197.15
51104.3.0.123 Pipe 557.97
51104.3.0.123 Pipe 42.03
51104.3.0.124 Stone 1129.59
51104.3.0.126 Brush 500.00  
51121.3.0.112 DeFisher 1056.50
51121.3.0.113 Ford 214.75
51121.3.0.113 Ford 441.62
51121.3.0.113 Ford 363.91
51121.3.0.113 Ford 2.47
51121.3.0.114 Taber 90.00
51121.3.0.115 Phillips 271.00
51121.3.0.115 Phillips 9.25
51121.3.0.116 Vanderbrook 110.82
51121.3.0.116 Vanderbrook 450.68
51124.3.0.4 Misc. 252.99
51124.3.0.65 Equipment Rental 750.00
51124.3.0.104 Engineer 200.00
51124.3.0.123 Pipe 4000.00
51124.3.0.124 Stone 2751.61
51124.3.0.128 Guardrail 500.00
51124.3.0.129 Wedging 15000.00
51124.3.0.130 Road Reconstruction 52807.24
51302.3.0.4 Misc. 500.00
51302.3.0.131 Blades 3735.00
51302.3.0.132 Tires 3500.00
51302.3.0.133 Loader/Truck 34802.85
51304.3.0.134 Cleaning 500.00
51304.3.0.137 Grease 481.05
Debit Credit
51304.3.0.141 Safety Equipment 482.44
51401.3.0.112 DeFisher 90.00
51401.3.0.113 Ford 675.00
51401.3.0.114 Taber 22.50
51401.3.0.115 Phillips 61.99
51421.3.0.113 Ford 441.62
51421.3.0.114 Taber 432.03
51421.3.0.115 Phillips 61.99
51421.3.0.116 Vanderbrook 450.68
51481.3.0.114 Taber 693.97
99509.3.0 Reserve Transfer 70000.00  
Total Highway $163795.60 $166669.60
Total General  $   5126.34 2252.34
  $98921.94 $98921.94

 

AND BE IT RESOLVED, that the Marion Town Board authorizes the Account/Audit Clerk to transfer any additional subsidiary transfers to close out the 2017 accounting books; and

 

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk.

 

 

 

RESOLUTION 100517

ADOPT LOCAL LAW #4-2017 ENTITLED “REAL PROPERTY TAX LEVY LIMIT”

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville,

the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

WHEREAS, the Marion Town Board did duly hold a Public Hearing on October 3, 2017 @ 5:00 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for proposed Local Law #4-2017 regarding the “Real Property Tax Levy Limit”; now

 

BE IT RESOLVED, that the Marion Town Board hereby adopts Local Law #4- 2017 as follows:

 

Local Law #4- 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 2017 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.

 

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to file the Local Law with the Secretary of the State and all applicable agencies.

 

RESOLUTION 100617

AUTHORIZE THE TOWN TO ENTER INTO CONSENT ORDER WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

WHEREAS, the Department of Environmental Conservation has jurisdiction over environmental policies and programs of the State of New York; and

WHEREAS, the Department’s jurisdiction includes the regulation of discharges of pollution to the waters of the State; and

WHEREAS, the Town of Marion, on occasion between April 2014 and March 2017 discharged pollutants to the waters of the State  which were in excess of the levels permitted under the Town’s SPDES Permit No. NY-0031569; and

WHEREAS, the objective of the Consent Order is for the Town of Marion to obtain consistent compliance with the terms of its SPDES permit and to afford the Town a reasonable period of time to bring its wastewater plant into compliance including the time necessary to seek public funds to assist in the cost to be incurred by the Town.

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

  1. The Town Board of the Town of Marion hereby agrees to the terms and conditions contained in the Consent Order, Case No. R8-20170718-79.
  2. The Town Board of the Town of Marion hereby authorizes the Town Supervisor to execute the Consent Order, Case No. R8-20170718-79 on behalf of the Town of Marion.

RESOLUTION 100717

ADOPT TENTATIVE BUDGET FOR 2018

 

On a motion by Councilman Fonte 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 Kauffman           Yes

Councilman Lonneville           Yes

Supervisor Deyo                     Yes

 

The resolution was declared duly adopted

 

Whereas, the Tentative Budget has been reviewed by the Marion Town Board,

 

BE IT RESOLVED, that the Marion Town Board approves the Tentative Budget for 2018 which now becomes the Preliminary Budget.

 

RESOLUTION 100817

AUTHORIZE PUBLIC HEARING – 2018 BUDGET

 

On a motion by Councilman Fonte and seconded by Councilman Lonneville, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo

Nays: 0

 

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to advertise the following in the legal newspaper for the Town of Marion:

 

NOTICE IS HEREBY GIVEN that the Preliminary budget for the Town of Marion, New York, for the fiscal year beginning January 1, 2018 has been completed and filed in the Town Clerk’s Office of the Town of Marion, where it is available for inspection by any interested persons at all reasonable hours; and

 

FURTHER NOTICE IS GIVEN that the Town Board of the Town of Marion will meet and review said budget and hold a Public Hearing on November 6, 2017 @ 7:00 PM at the Marion Municipal Room, 3825 N. Main Street, Marion, New York, at which time and place any persons may be heard in favor or against any items therein contained; and

 

WHEREAS, pursuant to Town Law, the proposed salaries of the following officers are hereby specified as follows:

 

Highway Superintendent                                           $59,993.00

Highway Superintendent Secretary                          $ 4,537.00

Town Clerk                                                                   $35,000.00

Registrar of Vital Statistics                                        $     400.00

Town Justice – (2) each @                                          $14,281.00

Supervisor                                                                      $25,919.00

Budget Officer                                                                $     655.00

Councilman – (4) each @                                            $ 4,690.00

Deputy Supervisor                                                        $ 1,000.00

 

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to all Department Heads.

 

Supervisor Deyo recessed the meeting for the Board to review the claims at 5:58pm The meeting reconvened at 6:11pm.

 

RESOLUTION 100917

PAYMENT OF CLAIMS

 

On a motion by Councilman Fonte and seconded by Councilman Lonneville, the following resolution was

ADOPTED:    Ayes: 5 Bliek, Fonte, Kauffman, 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                                                $22933.37

Highway                                             $32271.65

Library                                                  $1398.65

Sewer                                                    $6941.42

Water                                                          $0.00

Street Lighting                                        $356.45

SE Water                                               $7627.00

Drainage                                                    $0.00

Trust & Agency                                    $1849.10

Total                                                $73,377.64

 

With no further business, on a motion by Councilman Lonneville and seconded by Councilman Fonte, Supervisor Deyo recessed the meeting at 6:13 pm.

 

PUBLIC HEARING2018 Budget: Monday, November 6, 2017 @ 7:00pm – followed by Special Town Board Meeting to Adopt the 2018 Budget.

REGULAR BUSINESS MEETING: Monday, November 13, 2017 @ 7:00pm.

 

_________________________________________

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