Town Board Meeting February 8, 2016

Regular Town Board Meeting
Marion Municipal Room
February 8, 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 8th day of February, 2016.

Supervisor Deyo called the meeting to order at 7:05pm. Supervisor Deyo welcomed the one student in attendance and encouraged him to ask questions.

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

ABSENT: Nathan Kauffman, Councilman

Others in Attendance: Becky Block, reporter for the Times; Dustin Hayes, par-gov student.

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

TOWN BUSINESS:

Supervisor Deyo stated Sheriff Barry Virts would like to attend the March 14, 2016, Board meeting to meet the Board members and discuss any safety issues the Town has.

The Marion Town Board respectfully requests retired Supervisor Bender sign/date attached resolution 061113, which was adopted 06/10/13 during her tenure as Supervisor and not signed. Amendment $500.00 and $3,500.00 (collectively $4,000.00).

CITIZENS’ COMMENTS: None

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk: The Town Clerk has turned over all funds from 2016 taxes due to the Town, which amounted to $1,565,701.68. Total collected to date is $2,330,200.31.
A resident of the SE proposed water district asked Supervisor Deyo if the North Main Project was coming out of the SE water district budget. Supervisor Deyo/ explained that the money is coming out of Fund Balance.
Jeff Cragg, Waste Water Treatment Plant Operator, stated he would like to move money from last year’s budget to this year’s budget to equipment. He is getting quotes on blower for the backroom at the sewer plant. He stated the cost will only include parts. Jeff will do the install/repairs.
Councilman Lonneville stated he read in the paper there are millions of dollars being released by the Governor for water/sewer. He stated we should look into this as soon as possible. Supervisor Deyo stated we are already doing this – that is what the LGE grant is.

Mike Fonte: Public Safety, Judicial, Library: Mike Fonte asked Gary where we stand on the iron plate in front of the restaurant. Gary Lau stated the owner, Brandon Martin, is looking at doing some repair work in the spring.
Councilman Fonte had nothing for Judicial or Library. Councilman Fonte asked if we have awarded anyone to repair the side porch on Jennie’s House. The Board stated the work has started. Gary Lau stated the porch has been pulled off Jennie’s house. He stated the foundation needs to be pointed up. Gary told them to go ahead. That needs to be done before construction begins

Nathan Kauffman: Parks, Recreation, Assessor: Absent. Supervisor Deyo stated Andrea has started sign-ups for baseball. The Board needs to discuss what to do about the Concession Stand.

Ron Lonneville: Historian, Zoning, Planning: Councilman Lonneville stated he has attended Planning and Zoning Board meetings and met with Tracy Whitney, Library Director and presented them all with the Strategic Plan for review. He will follow up with the Boards at their workshops in April. He has also met with Peg Churchill. There are lots of things out there.

Supervisor Deyo stated Penny from the Tobacco Coalition wants to meet with the Boards to reach people warning them about the dangers of tobacco.

Councilman Lonneville stated he still needs to meet with business owners and the school. He is identifying industrial properties with Gary and Tina. He has a meeting set up with Darryn Pynn and one set up with Gerber Homes.

Gary stated he has been going through the draft of the codification. He stated there are some areas that need to be reviewed by the Town Board and the Town Clerk. The Board will review this at the February 15 workshop.

Councilman Lonneville stated he is working on a community calendar with Virginia Mayville. They are including Library and Legion events. The calendar will be on our website and on FB just for viewing.

LaVerne Bliek: Highway, Drainage: Nothing to report on drainage.
The Highway crew has been hauling sand and mixing it with sale. They had 22 plow runs in January, did some cleaning and repairing on the trucks. Councilman Bliek asked if all the beavers were taken. Gary will check to see if there is any activity back there.

Councilman Lonneville stated some people on Mill Street asked about drainage done there. He said the Board could discuss it at a workshop. Councilman Lonneville stated he looked at it with Gary and there is still some work to be done there.

RESOLUTION 020116
APPROVE JANUARY 11, 2016 TOWN BOARD MEETING MINUTES

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 approves the January 11, 2016 Town Board meeting minutes.

RESOLUTION 020216
RECEIVE AND FILE ALL CORRESPONDENCE/REPORTS FOR February 9, 2016

On a motion by Councilman Lonneville and seconded by Councilman Bliek, 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 for February 8, 2016.

Correspondence:

1. A. NYSDOH Re: 2016 Sampling
B. NYSDOH Re: Inspection
2. NYSDOT Re: Route 21
3. Senator Michael Nozzolio Re: Retirement
4. NYSDEC Re: SPDES
5. EMS Re: Mutual Aid Report, Dec., 2015

REPORTS:

1. A. Town Clerk Annual 2015
B. Town Clerk January 2016
C. Tax Collection January/February 2016
2. Justice Bonafede January 2016
3. Justice Bender January 2016
4. Code Enforcement Officer January 2016
5. A. Money Market December 2015
B. Trial Balance December 2015
C. Treasurers Report December 2015
D. Money Market January 2016
E. Trial Balance January 2016
F. Treasurers Report January 2016
6. Library Director January 2016
7. Wayne County Sheriff December 2015
8. Historian Annual 2015
9. Historian Calendar 2016

RESOLUTION 020316
AUTHORIZE RE-APPOINTMENT OF DAVID KNIGHT TO PLANNING BOARD

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 re-appoints David Knight, PO Box 113, Marion, to the Planning Board effective January 1, 2016 thru December 31, 2020; and
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to David Knight, Chairman of the Planning Board, and the Account/Audit Clerk.

RESOLUTION 020416
AUTHORIZE HIRING 2016 PARK INSPECTOR
On a motion by Councilman Fonte and seconded by Councilman Bliek, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board authorizes hiring Steven Taber, 3535 Sandhill Road, Marion, as the 2016 Park Inspector @ $10.00 per inspection to be appropriated from account 71104.1.0.077 to be vouchered at the completion of the season, effective May 1 thru October 31, 2016; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Steven Taber, and the Park Calendar Coordinator.

RESOLUTION 020516
AUTHORIZE SUBSIDIARY TRANSFERS

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 authorizes the following 2015 transfers:
Account#                   Name                                 Increase                                Decrease
97106.24.0.0            Debt Service Bond                                                          12,000.00
97107.24.0.0           Interest                                 12,000.00

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

RESOLUTION 020616
AUTHORIZE HIRING 2016 NIGHT PARK SUPERVISOR
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 hiring Andrea Vandergrift, 4328 Witherden Road, Marion, as the 2016 Night Park Supervisor at remuneration of $9.00 per hour to be appropriated from account 73101.1.0.082; and

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

RESOLUTION 020716
APPOINT 2016 RECREATION PROGRAMMER

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 hiring MacKenzie Reiss, 3910 Cory Corners Road, Marion, as the 2016 Recreation Director at remuneration of $11.50 per hour not to exceed $3,371.00/year to be appropriated from account 73101.1.0.830; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to MacKenzie Reiss, and the Account/Audit Clerk

RESOLUTION 020816
AUTHORIZE SUPERVISOR TO SIGN THE CREDIT PROCESSING AGREEMENTS FOR TOWN CLERK AND TAX PROGRAM

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 authorizes the Supervisor to sign the attached Credit Processing Agreements for the Town Clerk and the Tax Program.

RESOLUTION 020916
AUTHORIZE SUPERVISOR TO SIGN DISABILITY APPLICATION WITH SHELTER POINT
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 authorizes the Supervisor to sign the attached application for NYS Statutory Disability Benefits Law (DBL) Application with Shelter Point Life Insurance Company (agent Cleary Insurance) effective 4/1/16 at a quarterly cost of $6.45 male and $13.80 female; 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 Cleary Insurance Agency.

RESOLUTION 021016
AUTHORIZE SUPERVISOR TO SIGN GENERATOR SYSTEM MAINTENANCE AGREEMENT

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

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the attached Generator Maintenance Agreement with New York SitePower for three years at $885.00 per year to be appropriated from account 16202.1.0.41; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the New York State SitePower, and the Account/Audit Clerk.

RESOLUTION 021116
AUTHORIZE AMENDMENT TO AGREEMENT WITH MRB FOR EXT. #1 TO NE #1

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 amends the Agreement with MRB for Ext.#1 to NE#1 as attached; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to MRB, Stuart Brown Associates, USDA, and the Account/Audit Clerk.

RESOLUTION 021216
AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND ADVOCACY DAY 2016

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

WHEREAS, the Advocacy Day Grass Roots Campaign 2016 will be conducted at the Hilton Albany Hotel in Albany, New York on March 8th and 9th , 2016; now

BE IT RESOLVED, that the Marion Town Board authorizes Timothy Boerman, Town of Marion Highway Superintendent, to attend the above mentioned Advocacy Day Grass Roots Campaign 2016; and

BE IT FURTHER RESOLVED, that the expenses incurred for registration, travel, lodging and meals will be paid by the Town of Marion and be appropriated from account 50104.1.0.016 at a cost not to exceed the budgeted amount; and

BE IT FURTHER RESOLVED, that the Town Board directs the Clerk of the Board to give a passed copy of this resolution to Timothy Boerman, Highway Superintendent and the Account/ Audit Clerk.

RESOLUTION 021316
AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND 2016 SCHOOL FOR HIGHWAY SUPERINTENDENTS
On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

WHEREAS, the Annual School for Highway Superintendents will be conducted at Ithaca College in Ithaca, New York on June 6th, 7th, 8th, 2016; now

BE IT RESOLVED, that the Marion Town Board authorizes Timothy Boerman, Town of Marion Highway Superintendent, to attend above mentioned School for Highway Superintendents; and

BE IT FURTHER RESOLVED, that the expenses incurred for registration, travel, lodging and meals will be paid by the Town of Marion and be appropriated from Account 50104.1.0.016 at a cost not to exceed the budgeted amount; and

BE IT FURTHER RESOLVED, that the Town Board directs the Clerk of the Board to give a passed copy of this resolution to Timothy Boerman, Highway Superintendent and the Account/Audit Clerk.

RESOLUTION 021416
APPROVE LOAN RESOLUTION WITH USDA FOR SE QUADRANT WATER
On a motion by Councilman Bliek and seconded by Councilman Lonneville, the resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board approves the attached loan resolution with USDA for the Southeast Water District in the amount of $1,716,000.00; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the attached loan resolution; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Stuart Brown Associates, USDA, and the Account/Audit Clerk.

RESOLUTION 021516
ACCEPT RESIGNATION OF GARY LAU AS CODE ENFORCEMENT OFFICER

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

WHEREAS, Gary Lau has submitted his resignation as Code Enforcement Officer effective June 30, 2016; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Gary Lau effective June 30, 2016; and

BE IT RESOLVED, that the Marion Town Board authorizes Brent Cooley, Labor Attorney for the Town of Marion, to prepare the amount due to Gary Lau for a cash payment for retirement purposes; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Gary Lau, Brent Cooley, and the Account/Audit Clerk.

RESOLUTION 021616
ACCEPT PROPOSAL SUBMITTED BY RAYMOND F. WAGER, CPA, FOR AUDIT OF 2016 FOR SE WATER

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 accepts the proposal submitted by Raymond F. Wager, CPA for an Audit for 2016 for SE Water at a cost of 9,200.00 to be appropriated from SE Water Capital Project; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Raymond F. Wager, CPA, Stuart Brown Associates, and the Account/Audit Clerk.

RESOLUTION 021716
AMEND 2016 BUDGET TO PAY REFEREES FOR YOUTH BASKETBALL

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 2015 Youth Basketball Program received registration dollars of $720.00 and spent $455; now

BE IT RESOLVED, that the Marion Town Board amends the 2016 budget and increases 73102.1.0.86 by $160.00 to pay referees; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Jody Phelps, and the Account/Audit Clerk.

On a motion by Councilman Bliek and seconded by Councilman Lonneville, Supervisor Deyo added the following resolution to the agenda.

RESOLUTION 021816
AUTHORIZE SUPERVISOR TO SIGN FORM RD 442-21 RIGHT OF WAY CERTIFICATE

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 authorizes the Supervisor to sign the attached Form RD 442-21 Right of Way Certificate. which states:

1. That the undersigned has acquired and presently holds continuous and adequate rights of way on private lands needed for the construction, operation, and maintenance of the facilities to be installed, repaired or enlarged with the proceeds of a loan made or insured by, and/or a grant form, United States Department of Agriculture and such omissions, defects; or restrictions as may exist will in no substantial way or manner endanger the value or the operation of the facilities.

2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies authorizing the construction, operation and maintenance of the facilities upon, along or across streets, roads, highways, and public utilities.

3. That the attached “Right-of-way Map” shows the location and description of all land and rights-of-way acquired by right of use or adverse possession and by legal conveyances such as right-of-way or easement deeds, permits, or other instruments.

4. Exceptions: None

Supervisor Deyo recessed the meeting for the Board to review the claims at 8:20pm. The meeting reconvened at 8:45pm.

RESOLUTION 021916
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 $18,218.22
Highway $57,253.11
Library $1,459.69
Sewer $5,398.89
Water $3,077.37
Street Lighting $2,027.75
Trust & Agency $1,300.39
Drainage $1,050.00
Arbor Road $3,179.00
NE #3 Capital $104.25
NE#2 $ 12,374.00
Fire District $224,246.00
Total $329,688.67

With no further business, on a motion by Councilman Lonneville and seconded by Councilman Fonte, Supervisor Deyo recessed the meeting at 8:46pm.

WORKSHOP: February 15, 2016, at 7:00pm (after audit of books)
March 7, 2016 @ 7:00pm
MEETING: March 14, 2016, at 7:00pm

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