Town Board Meeting July 11, 2016

Regular Town Board Meeting
Marion Municipal Room
July 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 July, 2016.

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

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

ABSENT:

Others in Attendance: Tim Boerman, Highway Superintendent;
Jeff Cragg, Waste Water Treatment Plant Operator; Duane Smeatin, Code Enforcement Officer; Perry Howland, reporter for the Sun and Record.

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

TOWN BUSINESS: Councilman Lonneville reported that UR Medicine took over Dr. Hannan’s practice. He is still looking into getting a blood draw there. Councilman Fonte reported that Dr. Hannan has stepped down from being Wayne County Coroner.

CITIZENS’ COMMENTS: Christopher Wilson gave some clarification to the report of calls to the Marion Volunteer Ambulance. Previous reports only state calls not responded to, but didn’t report total number of calls received or calls where Marion covered for other units.

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk: Supervisor Deyo reported the waterline is going well. Councilman Bliek will attend the progress meeting.
Supervisor Deyo stated that residents who were previously opposed to the waterline now want to hook up.
Dave Doyle will be in later tonight to talk about the sewer plant.

Mike Fonte: Public Safety, Judicial, Library: Nothing new to report.

Nathan Kauffman: Parks, Recreation, Assessor: Councilman Kauffman stated that soccer is underway. The Red Wings game was a couple of weeks ago. He has chosen a couple of lights for the Park rules sign. Councilman Kauffman also stated he is investigating ways to market the Town. He and Councilman Lonneville will get together on that.

Ron Lonneville: Historian, Zoning, Planning: Councilman Lonneville thanked Tim Boerman, Highway Superintendent, and his crew for seeding at Jennie’s House. He stated the Board will be discussing plans for the $50,000 from Senator Mike Nozzolio. It must be brick and mortar. He is getting roof estimates. A resolution to follow regarding training for Planning and Zoning members. Councilman Lonneville is also putting together a grant request for Restore NY money to revitalize downtown Marion.

LaVerne Bliek: Highway, Drainage: Drainage work being done on Warner Road. Councilman Lonneville stated they need to finish the project on Mill Street.
The highway crew mowed roadsides, and stoned roads.

Dave Doyle and Bill from MRB discussed updates on sewer plant options with the Town Board.

RESOLUTION 070116
APPROVE JUNE 13, 2016 TOWN BOARD MEETING MINUTES
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 June 13, 2016 Town Board meeting minutes.

RESOLUTION 070216
RECEIVE AND FILE ALL CORRESPONDENCE/REPORTS FOR JULY 11, 2016

On a motion by Councilman Bliek and seconded by Councilman Kauffman, 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 July 11, 2016.

Correspondence:

1.A. MRB Group Meeting minutes SE Water 06/16/16
B. Bernard P. Donegan BAN SE Water
2. Community Champions Vacant/Foreclosed Properties
3. NYMIR Volunteers
4. Single Audit Report Summary 2015
5. Office of the State Comptroller Travel/claims
6. 2015 Audit by Raymond F. Wager CPA

REPORTS:

1. Town Clerk June 2016
2. Justice Bonafede June 2016
3. Justice Bender June 2016
4. Code Enforcement Officer June 2016
5. A. Money Market June 2016
B. Trial Balance June 2016
C. Treasurers Report June 2016
6. Assessor June 2016
7. Library Director June 2016
9. Wayne County Sheriff May 2016

RESOLUTION 070316
AMEND RESOLUTION #031407

On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was duly 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 State of New York has amended Town Law Section 267 and Town Law Section 271, so as to establish specific training requirements for members of local Boards of Appeals and Planning Boards, and

WHEREAS, these amendments provide that the Town Board may define, by resolution, the training requirements established by these amendments, and

WHEREAS, the Town of Marion established an exemption to this requirement through resolution #031407, and

WHEREAS, the Town of Marion has encouraged appointed board members to voluntarily attend trainings and have provided funding for members to attend these trainings, and

WHEREAS, the Town of Marion has determined that volunteer attendance is no longer sufficient and that required trainings are needed to ensure the appointed board members have the most up-to-date information in order to work to their fullest abilities,

NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Marion hereby define acceptable training as training offered by the following agencies:

NYS Department of State
NYS Association of Counties
NYS Association of Towns
NY Conference of Mayors
NY Planning Federation
American Planning Association
Regional Planning Agencies
County Planning Agencies
Distance Learning Courses that provide Completion Certificates

and other such programs approved by the Town, and

BE IT FURTHER RESOLVED, that the Resolution 031407 be rescinded, and

BE IT FURTHER RESOLVED, that members of the Town of Marion Planning Board and Board of Appeals be required to complete four hours of training per year, with any training received in addition to the four hours being carried over and applied to the following year’s requirement.

RESOLUTION 070416
AUTHORIZE PUBLIC HEARING FOR A LOCAL LAW ENTITLED “REAL PROPERTY TAX LEVY LIMIT”

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 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 August 8, 2016 @ 7:00 PM, 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 – 2016 “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 2017 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 070516
AUTHORIZE NEGOTIATION TEAM FOR EMPLOYEES REPRESENTED BY ROOFERS, WATERPROOFERS & ALLIED WORKER LOCAL 22

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

WHEREAS, the Collective Bargaining Agreement between the Town of Marion and the United Union of Roofers, Waterproofers & Allied Workers Local 22, Rochester, New York, expires on December 31, 2016; now

BE IT RESOLVED, that the Marion Town Board authorizes Town Board members LaVerne Bliek, and Monica Deyo to begin negotiations for a new agreement; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the United Union of Roofers, Waterproofers & Allied Workers Local 22 @ 280 Metro Park, Rochester, New York 14623, the Highway Superintendent, Paul DeFisher, and the Account/Audit Clerk.

RESOLUTION 070616
ACCEPT RESIGNATION OF ACCOUNT/AUDIT CLERK

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 accepts with regret the resignation of Cindy Ikewood effective February 24, 2017; 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 Cindy Ikewood 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 Brent Cooley, and the Account/Audit Clerk.

RESOLUTION 070716
AUTHORIZE TOWN CLERK TO ADVERTISE FOR ACCOUNT/AUDIT CLERK POSITION

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

BE IT RESOLVED, that the Marion Town Board authorizes the Town Clerk to advertise in the legal paper (The Times of Wayne County) for the Town of Marion that applications will be accepted by the Town Clerk during normal business hours thru August 1, 2015 for the position of Account/Audit Clerk.

RESOLUTION 070816
APPOINT MARION COMPREHENSIVE PLAN COMMITTEE

On a motion by Councilman Lonneville and seconded by Councilman Fonte the following resolution was put to a vote 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 Marion Town Board is aware of the ever changing needs of the Town of Marion; and

WHEREAS, the Marion Town Board desires to keep an up to date growth plan for the Town of Marion; now

BE IT RESOLVED, that the Marion Town Board authorizes a committee be formed for two years and referred to as the Marion Comprehensive Plan Committee to prepare a Comprehensive Plan; and

BE IT RESOLVED, that the Marion Comprehensive Plan Committee members are to be comprised of:
2 Town Board Members, 2 Planning Board Members, 2 Zoning Board Members, Library Manager, 1 School Board Member, 1 Business Member, 1 General Member; and

BE IT RESOLVED, that Marion Town Board member Ronald Lonneville will coordinate the meetings for the Comprehensive Plan Committee; and

BE IT RESOLVED, that each member be compensated at the rate of $20.00 per meeting to be appropriated from account # 80301.1.0.103, vouchered twice a year (December yearend meeting and July) and accounted for in the same manner as our Zoning/Planning Board; and

BE IT RESOLVED, that the Marion Town Board authorizes the following 2016 subsidiary transfers:
Account#               Description               Increase                   Decrease
19904.1.0              Contingency                                             1200.00
80301.1.101           Secretary                   200.00
80301.1.103           Members                   800.00
80304.1.0.11          Supplies                     200.00

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Ron Lonneville, Library Manager, Zoning Board, Planning Board, and Angela Patterson.

RESOLUTION 070916
CREATE AND FILL POSITION OF SECRETARY TO THE COMPREHENSIVE PLAN COMMITTEE

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 creates the position of secretary to the Comprehensive Plan Committee; and

BE IT RESOLVED, that the Marion Town Board hereby appoints Angela Patterson, 4425 Hall Center Road, Walworth, NY 14568 as Secretary to the Comprehensive Plan Committee at remuneration of $10.51 per hour; and

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

RESOLUTION 071016
INTENT TO APPLY
On a motion by Councilman Lonneville and seconded by Supervisor Deyo, the following resolution was
ADOPTED: Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo
Nays: 0

BE IT RESOLVED, that the Marion Town Board authorizes and approves the attached Intent to Apply for Restore NY Funding for a project called “Main Street Marion Revitalization” in the amount of $389,500.00, 90% to be funded by NYS and 10% to be funded by business owners; and

BE IT RESOLVED, that the Main Street Revitalization intent is:

Intent to Apply for Restore NY Funding
Main Street Revitalization

RESOLUTION 071116
AUTHORIZE TO PURSUE SBR FACILITY

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

WHERES, the Marion wastewater treatment plant (WWTP) has been in constant violation of the requirements and limitations set forth in the State Pollutant Discharge Elimination System (SPDES) permit for a number of parameters including, but not necessarily limited to, Dissolved Oxygen, Total Suspended Solids, Biochemical Oxygen Demand, and Ammonia; and

WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has directed the Town to upgrade the WWTP so as to be in compliance with the SPDES permit or to pursue other alternatives for wastewater treatment; and

WHEREAS, THE Town, in course of its deliberations over the past several years has examined a number of alternatives for wastewater treatment including: (i) construction of a new WWTP at the current site (utilizing either the Sequencing Batch Reactor (SBR), Membrane Bioreactor (MBR) or Optaer/SAGR process; and process); and (ii) decommissioning the Marion WWTP and constructing pumping the transmission infrastructure and related improvements for consolidated wastewater treatment at the Town of Walworth (Walworth) wastewater treatment plant; and

WHEREAS, after discussions with the Walworth Town Board and careful consideration and methodical review of the alternatives the Town Board has determined that the construction of a new SBR at the site of the existing Marion WWTP is in the best interests of the Town; and

WHEREAS, the Marion Town Board considered a variety of factors in arriving at this decision including, but not limited to capital and operational costs, long term reliability and treatment flexibility, ability to effectively control rates, fees, charges and other related costs in the interest of Town residents over a twenty to thirty year period, and the inherent functional and economic uncertainties associated with the sole reliance on another community’s facilities and infrastructure for a critical municipal service.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Marion, Wayne County, New York as follows:

Section 1. The Town Board hereby determines that it will construct a new SBR at the site of the existing WWTP, subject to the receipt of the necessary funding and regulatory approvals.

Section 2. The Town Board directs its Engineer to begin the process for securing the necessary funding for the project.

Section 3. The Town Board authorizes the Town Supervisor to inform the NYSDEC of the foregoing decision.

Section 4. This Resolution shall take effect immediately.

Supervisor Deyo recessed the meeting for the Board to review the claims at 8:20pm. The meeting reconvened at 8:47pm.

RESOLUTION 071216
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 $10,338.05
Highway $12,243.98
Library $1,546.63
Sewer $4,223.02
Water $209.88
Street Lighting $17.48
Trust & Agency $2,490.99
Ext.#1 to NE#1 $8,950.00
SE Capital $460,019.36

Total $500.039.39

 

With no further business, on a motion by Councilman Fonte and seconded by Councilman Lonneville, Supervisor Deyo recessed the meeting at 8:48pm.

WORKSHOP: August 1, 2016 @ 7:00pm
Public Hearing: August 8, 2016 @ 7:00pm
MEETING: August 8, 2016 following Public Hearing

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