Organizational Meeting January 11, 2016

Organizational Meeting
Marion Municipal Room
January 11, 2016


A regular meeting of the Town Board of Marion, County of Wayne, in the State of New York, was held at the Marion Municipal Room, 3827 North Main Street, Marion, NY on the 11th day of January, 2016.

Supervisor Deyo called the meeting to order at 7:00pm. Supervisor Deyo welcomed everyone.

PRESENT: Monica Deyo, Supervisor
Laverne Bliek, Councilman
Michael Fonte, Councilman
Nathan Kauffman, Councilman
Ronald Lonneville, Councilman

ABSENT:

Others in Attendance: Becky Block, reporter for the Times; and 9 par-gov students.

Supervisor Deyo asked Councilman Fonte to lead us in the Pledge of Allegiance.

TOWN BUSINESS: None

CITIZENS’ COMMENTS: None

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk: Nothing to report on water or sewer.
The Town Clerk’s Office has been busy collecting taxes. They have collected $212,427.00 to date. They are also busy collecting water and sewer payments which are due January 31 and renewing dog licenses.

Mike Fonte: Public Safety, Judicial, Library: Nothing to report on Judicial or Library. For public safety, he asked what could be done about the steel plates in the sidewalk in front of the restaurant. Supervisor Deyo stated that Gary Lau, Code Enforcement Officer, has spoken with the owner. The Board agreed to send a notice to the owner of the property in writing and give him a deadline to take care of it.

Nathan Kauffman: Parks, Recreation, Assessor: Councilman Kauffman stated that we need to schedule a meeting with everyone involved in park events so that we can co-ordinate schedules. Supervisor Deyo stated that Adam Casper has started an adult basketball league at the elementary school.
Councilman Kauffman stated the Town Park Rules sign needs to be repaired or replaced. He suggested we look at the rules to see if they needed to be updated. Debbie Smith, Town Clerk, will send Councilman Kauffman a copy of our Park Rules and Regulations.

Ron Lonneville: Historian, Zoning, Planning: Councilman Lonneville stated that his objective is to revitalize downtown Marion. He has talked with Gary Lau about things that are going on. He will be attending the Planning Board and Zoning Board meetings and he is meeting with Peg Churchill, Wayne County Economic Development and Planning and MCDC. He asked the Board to bring a list of what they feel the Board’s accomplishments are from the Strategic Plan for the Hamlet which was adopted by the Town Board in June of 2005.

LaVerne Bliek: Highway, Drainage: Councilman Bliek reported that the Highway crew put up and took down Christmas lights, getting ready for plowing and doing roadwork.
For drainage, 9 beavers were trapped and a tree will be removed from the creek.

RESOLUTION 010116
APPROVE DECEMBER 14 AND DECEMBER 29, 2015, TOWN BOARD MEETING MINUTES
On a motion by Councilman Kauffman 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 December 14 and December 29, 2015 Town Board meeting minutes.

RESOLUTION 010216
RECEIVE AND FILE ALL CORRESPONDENCE/REPORTS FOR JANUARY 11, 2016

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 directs the Clerk of the Board to receive and file all correspondence for January 11, 2016.

Correspondence:

1. Wayne County Sheriff November, 2015

REPORTS:

1. Code Enforcement Officer December, 2015
2. Justice Bonafede December, 2015
3. Justice Bender December, 2015
4. Town Clerk December, 2015

RESOLUTION 010316
AUTHORIZE SUPERVISOR TO SIGN AGREEMENT FOR PAYMENT PROCESSING CONSULTANTS, INC.

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 authorizes the Supervisor to sign the agreement with Payment Processing Consultants, Inc. as attached; and

BE IT RESOLVED, that the Marion Town Board authorizes the appropriation of $129.00 be divided between accounts 14104.1.0.028 and 13304.1.0.028; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk, and Payment Processing Consultants, Inc.

RESOLUTION 010416
AUTHORIZE SUPERVISOR TO SIGN TOWN CLERK ANNUAL SOFTWARE SUPPORT CONTRACT WITH WILLIAMSON LAW BOOK

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 authorizes the Supervisor to sign the Town Clerk Annual Software Support Contract with Williamson Law Book Company for an annual cost of $725.00 to be appropriated from account 14102.1.0.029; and

BE IT RESOLVED, the Marion Town Board authorizes the Supervisor to sign the Software License Agreement for the Town Clerk Plus w/Dog Quick Pay; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk and Williamson Law Book Company.

RESOLUTION 010516
AUTHORIZE SUPERVISOR TO SIGN SOFTWARE LICENSE AGREEMENT FOR TAX COLLECTION WITH TAX GLANCE LOOKUP WITH WILLIAMSON LAW BOOK

On a motion by Councilman Kauffman 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 authorizes the Supervisor to sign the Software License Agreement for Tax Collection w/Tax Glance Lookup with Williamson Law Book Company; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Annual Software Support Contract with Williamson Law Book as attached; (approved per MTB Resolution #11162015 #3); and

BE IT RESOLVED, that the Marion Town Board authorizes the transfer of $3,820.00 from account 14102.1.0.029 to 13302.1.0.029; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk and Williamson Law Book Company.

RESOLUTION 010516
AUTHORIZE SUPERVISOR TO SIGN SOFTWARE LICENSE AGREEMENT FOR TAX COLLECTION WITH TAX GLANCE LOOKUP WITH WILLIAMSON LAW BOOK
On a motion by Councilman Kauffman 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 authorizes the Supervisor to sign the Software License Agreement for Tax Collection w/Tax Glance Lookup with Williamson Law Book Company; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Annual Software Support Contract with Williamson Law Book as attached; (approved per MTB Resolution #11162015 #3); and

BE IT RESOLVED, that the Marion Town Board authorizes the transfer of $3,820.00 from account 14102.1.0.029 to 13302.1.0.029; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk and Williamson Law Book Company.

RESOLUTION 010616
AUTHORIZE SUPERVISOR TO SIGN SOFTWARE LICENSE AGREEMENT FOR BUILDINGS & CODES ENFORCEMENT WITH WILLIAMSON LAW BOOK AND ANNUAL SOFTWARE SUPPORT CONTRACT

On a motion by Councilman Lonneville and seconded by Councilman Bliek, the following resolution was
ADOPTED: Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Software License Agreement for Building & Codes Enforcement with Williamson Law Book Company; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Annual Software Support Contract with Williamson Law Book as attached at an annual cost of $600.00 to be appropriated from account #80102.01.0.029; and
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk, Code Enforcement Officer, and Williamson Law Book Company.

RESOLUTION 010716
AUTHORIZE HIRING ANDREA VANDERGRIFT AS 2016 BASEBALL COORDINATOR

On a motion by Councilman Kauffman 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 authorizes hiring Andrea Vandergrift, 4328 Witherden Road, Marion, as a Part-Time Seasonal Employee, Baseball Coordinator appropriated from Account 73101.1.0.192 at remuneration of $1500.00/year from February 1 thru June 24 (21 weeks); and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution Andrea Vandergrift, the Highway Superintendent, and the Account/Audit Clerk.

RESOLUTION 010816
AUTHORIZE BOND RESOLUTION FOR SE WATER DISTRICT

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 Town of Marion Southeast Water District is a Water District of the Town of Marion, New York, duly established by the Town Board pursuant to the Town Law;

WHEREAS, the Comptroller of the State of New York has duly made an Order granting permission for the establishment of said Town of Marion Southeast Water District;

WHEREAS, the Town, acting as lead agency under the State Environmental Quality Review Act and the applicable regulations promulgated thereunder (“SEQRA”), has completed its environmental review and, on January 14, 2013, has duly issued a negative declaration and has determined that the implementation of the type I action as proposed will not result in any significant adverse environmental impacts; now therefore, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF MARION, NEW YORK, (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows:

Section 1. The Town of Marion shall undertake the acquisition and construction of water improvements for the Town of Marion Southeast Water District, and the acquisition of land or rights in land necessary therefor, if any, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental improvements that may be required in connection therewith for such construction and district use (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $1,716,000 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Town are hereby authorized to be issued to finance said purpose, and said amount is hereby appropriated therefor.

Section 2. The estimated aggregate maximum cost to the Town of Marion of said purpose, including preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $2,216,000. The plan for financing of said purpose is to provide (i) up to $1,716,000 from USDA Rural Development loan to be evidenced by the issuance of bonds, as well as, bond anticipation notes in anticipation thereof as herein authorized; and (ii) up to $500,000 from anticipated grant funds.

Section 3. It is hereby determined and declared that (a) said purpose is one of the class of objects or purposes described in Subdivision 1 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty (40) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes herein authorized are issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds.

Section 4. The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to applicable statutory limitations, if any.

Section 5. It is hereby determined and declared that the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations. This is a declaration of official intent under Treasury Regulation §1.150-2.

Section 6. The power to further authorize the sale, issuance and delivery of said bonds and notes and to prescribe the terms, form and contents of said bonds and notes, including without limitation, the authority to determine whether to accept bids electronically to the extent allowed by Section 58.00 of the Local Finance Law, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, all contracts for, and determinations with respect to, credit or liquidity enhancements, if any, and to sell and deliver said bonds and notes, subject to the provisions of this resolution and the provisions of the Local Finance Law, is hereby delegated to the Town Supervisor, the Town’s chief fiscal officer. The Town Supervisor and the Town Clerk or Deputy Clerk are hereby authorized to sign by manual or facsimile signature and attest any bonds and notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and notes the corporate seal of the Town of Marion.

Section 7. The faith and credit of the Town of Marion, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and notes as the same respectively become due and payable. Such bonds and notes shall be payable from a levy on real property in such district benefitted or user charges therefor, in the manner provided by law, but if not paid from such source, all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to applicable statutory limitations, if any, sufficient to pay the principal of and interest on said bonds and notes. 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.

Section 8. This resolution, or a summary hereof, shall be published in full by the Town Clerk of the Town of Marion together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law. The validity of said bonds or of any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if such obligations are authorized for an object or purpose for which said 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 9. This resolution shall take effect immediately upon its adoption.

Supervisor Deyo recessed the meeting for the Board to review the claims at 7:39pm. The meeting reconvened at 7:59pm.

RESOLUTION 010916
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

Abstract

General                              $29,364.77
Highway                            $44,957.74
Library                                $3,739.12
Sewer                                 $7,012.88
Water                                $11,887.93
Street Lighting                           $17.88
Trust & Agency                   $1,787.59
Drainage                              $2,257.50
Ext. #1 to NE #1                    $247.57
NE #1                                  $1,947.25
TOTAL                            $103,220.23

With no further business, on a motion by Councilman Fonte and seconded by Councilman Kauffman, Supervisor Deyo recessed the meeting at 7:59pm.

WORKSHOP: February 1, 2016, at 7:00pm – Cancelled
MEETING: February 8, 2016, at 7:00pm

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