Public Hearing & Town Board Meeting August 8, 2016

Public Hearing/Regular Town Board Meeting
Marion Municipal Room
August 8, 2016


A Public Hearing was held at the Marion Municipal Room, 3827 North Main Street, Marion, NY on the 8th day of August, 2016 at 7:00pm for the purpose of hearing all persons for or against Local Law 1 of 2016. Supervisor Deyo explained that we need to do this in case we go over the 2% tax cap limit.

No one from the public was in attendance.

With no questions or comments, Supervisor Deyo closed the Public Hearing at 7:03pm.

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 August, 2016.

Supervisor Deyo called the meeting to order at 7:03pm.

PRESENT: Monica Deyo, Supervisor
Laverne Bliek, Councilman
Michael Fonte, Councilman
Nathan Kauffman, Councilman
Ronald Lonneville, Councilman
Deborah Smith, Clerk of the Board

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 and Becky Block, reporter for the Times of Wayne County.

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

TOWN BUSINESS:

CITIZENS’ COMMENTS:

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk:

Regarding sewer, Jeff Cragg, Waste Water Treatment Plant Operator, reported that he has changed blowers at the sewer plant. He is having a problem with duck weed on the lagoons. He has been dragging duck weed off all three lagoons. This raises havoc with his BOD’s. Supervisor Deyo will check with the boy scouts to see if they could help skim off the duck weed.

Regarding water – there is a progress meeting Thursday on the waterline.

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

Nathan Kauffman: Parks, Recreation, Assessor:

Councilman Kauffman reported he is working on grant opportunities. Ron will be part of the conversations. Councilman Kauffman stated the School Superintendent is agreeable to working with the Town.

The new park rules sign is up. Councilman Kauffman will look into solar lighting for it.

Tim Boerman, Highway Superintendent, will be getting in the new playground equipment in the next week.

Ron Lonneville: Historian, Zoning, Planning: Councilman Lonneville stated there is a resolution tonight to approve the bid for the roof on Jenny’s house. He will be meeting with Duane Smeatin, Code Enforcement Office regarding a tear off of the roof.

Regarding Planning and Zoning, there is a joint training session October 11 in the Marion Public Library held by the County Planning Department.

Councilman Lonneville also stated he is working on the Restore NY grant to revitalize downtown. He will be meeting with owners and contractors for estimates.

LaVerne Bliek: Highway, Drainage: Tim Boerman, Highway Superintendent, reported they changed some culverts, did some wedging and mowing, hauled in stone to start oil & stoning and did maintenance around the shop and on the sweeper. A Rabies Clinic will be held at the Marion Town Barns on August 13.

They are working on a drainage project behind North Main Street. Councilman Lonneville stated we need to put drainage back in the budget.

RESOLUTION 080116
APPROVE July 11, 2016 TOWN BOARD MEETING MINUTES – TABLED

BE IT RESOLVED, that the Marion Town Board approves the July 11, 2016 Town Board meeting minutes.

RESOLUTION 080216
RECEIVE AND FILE ALL CORRESPONDENCE/REPORTS FOR August 8, 2016

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 directs the Clerk of the Board to receive and file all correspondence for August 8, 2016.

Correspondence:

1. Town of Walworth Local Law #3
2. Senator Nozzolio Library grant
3. Rochester Gas & Electric N. Main Street

REPORTS:

1. Town Clerk July 2016
2. Justice Bonafede July 2016
3. Justice Bender July 2016
4. Code Enforcement Officer July 2016
5. A. Money Market July 2016
B. Trial Balance July 2016
C. Treasurers Report July 2016
6. Assessor July 2016
7. Library Director No report received
9. Wayne County Sheriff June 2016
10.Recreation/Park July 2016

RESOLUTION 080316
ADOPT LOCAL LAW #1-2016 ENTITLED “REAL PROPERTY TAX LEVY LIMIT”

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

WHEREAS, the Marion Town Board did duly hold a Public Hearing on August 8, 2016 @ 7:00 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for proposed Local Law #1-2016 regarding the “Real Property Tax Levy Limit”; now

BE IT RESOLVED, that the Marion Town Board hereby adopts Local Law #1- 2016 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.

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 080416
AUTHORIZE PUBLIC HEARING FOR THE PURPOSE OF REZONING
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

WHEREAS, the Marion Town Board has been requested per the attached signed letter from the Town of Marion Zoning Board of Appeals and Robert Kase to rezone the property at 3833 Walworth-Marion Road, tax account 65114-00-637719 from M-R (Medium Residential) to B-1 (Neighborhood Business); now

BE IT RESOLVED, that the Marion Town Board authorizes a Public Hearing to be held on September 12, 2016 at 7:00 PM in the Marion Municipal room for the purpose of hearing comments regarding the proposal; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to advertise such in the legal newspaper for the Town of Marion; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to: Marion Zoning Board of Appeals, Marion Planning Board, Wayne County Planning Board, Town Clerks of Neighboring Towns, Code Enforcement Officer, Account/Audit Clerk, and Robert Kase; and

BE IT RESOLVED, that the Marion Town Board requests the input from the copied agencies be submitted to the Supervisor of the Town of Marion by 11:00 AM on September 8, 2016

RESOLUTION 080516
AMEND 2016 BUDGETS

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 amends the 2016 Drainage District Budget and increases budget appropriations 85404.10.0.174 ( projects) by $40,000.00 to be appropriated from unappropriated fund balance by $40,000.00; and

BE IT RESOLVED, that the Marion Town Board amends the 2016 Sewer Budget and increases budget appropriations 81304.7.0.195 (driveway sealing) by $2,750.00 and budget revenues 2770.7 by $2750.00; and

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

RESOLUTION 080616
AUTHORIZE DIRECT ENERGY AS UTILITY PROVIDER FOR GAS FOR 2017

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 he Marion Town Board accepts the quote received from Direct Energy in the fixed amount of $3.546 per Mcf commencing January 1, 2017 thru December 31, 2017; 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 Direct Energy.

RESOLUTION 080716
AUTHORIZE DIRECT ENERGY AS UTILITY PROVIDER FOR ELECTRIC FOR 2017

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

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

BE IT RESOLVED, that he Marion Town Board accepts the quote received from Direct Energy in the fixed amount of $.4694 per Kwh commencing January 1, 2017 thru December 31, 2017; 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, Energy Cooperative of America (2016 provider at 1408 Sweet Home Road, Amherst NY 14228) and Direct Energy.

RESOLUTION 080816
AUTHORIZE E & V ENERGY CORP. AS FUEL OIL PROVIDER FOR WWTP FOR 2017

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

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 $1.899 per gallon commencing January 1, 2017 thru December 31, 2017; 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, Main Energy (2016 provider at 111 Holmes Street, Palmyra NY 14522), the Account/Audit Clerk.

RESOLUTION 080916
ACCEPT RESIGNATION OF DEPUTY TOWN CLERK/SECRETARY TO CODE ENFORCEMENT OFFICER

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

WHEREAS, Annette Lange has submitted her resignation as Deputy Town Clerk/ Secretary to Code Enforcement Officer effective August 5, 2016; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Annette Lange effective August 5, 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 Annette Lange for a cash payment for resignation 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, Annette Lange, and the Account/Audit Clerk.

RESOLUTION 081016
AUTHORIZE SUBSIDIARY TRANSFER

On a motion by Councilman Bliek and seconded by Supervisor 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 transfer of $100.00 from contingency 19904.1.0 to Town Board 10104.1.0.3; 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 081116
AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND 87TH ANNUAL NEW YORK STATE ASSOCIATION OF TOWN SUPERINTENDENTS OF HIGHWAYS CONFERENCE
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 Timothy A. Boerman, Highway Superintendent, to attend the 87th Annual New York State Association of Superintendents of Highways Conference and Education Symposium to be conducted at the Crown Plaza, 101 Olympic Drive, Lake Placid New York, 12946, from Tuesday, September 13, 2016 thru Friday, September 16, 2016; and

BE IT RESOLVED, that expenses incurred for registration, travel, lodging and meals be paid by the Town of Marion from account 50104.1.0.16 at a cost not to exceed the budgeted amount; and

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

RESOLUTION 081216
AUTHORIZE ADVERTISING FOR DEPUTY TOWN CLERK
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 Clerk of the Board to advertise in the legal newspaper for the Town of Marion the following:
Applications are being accepted for Part-Time Deputy Town Clerk (up to 23 hours week) for the Town of Marion. Applications will be accepted thru September 1 2016. Contact Deborah Smith, Marion Town Clerk, at 315-926-4271 for additional information.

RESOLUTION 081316
ACCEPT QUOTE FROM MF ROOFING FOR ROOF ON JENNY’S HOUSE
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

WHEREAS, the Marion Town Board requested and received quotes for the roof on Jenny’s house as attached; now

BE IT RESOLVED, that the Marion Town Board accepts the quote received from MF Roofing, 3836 Orchard Street, Walworth NY in the amount of $6,500.00 to be appropriated from account 75204.1.0; and

BE IT RESOLVED, that the Marion Town Board authorizes the transfer of $6,500 from unappropriated fund balance to 75204.1.0; and

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

RESOLUTION 081416
ACCEPT QUOTE FOR CONCRETE SIDEWALK
On a motion by Councilman Bliek and seconded by Councilman Lonneville, the following resolution was
ADOPTED AS AMENDED (using 5000 PSI concrete):
Ayes: 5 Bliek, Fonte, Kauffman, Lonneville, Deyo
Nays: 0

WHEREAS, the Marion Town Board requested and received quotes for concrete sidewalks as attached; now

BE IT RESOLVED, that the Marion Town Board accepts the quote received from Zimmerman Builders, 5242 Skinner Road, Marion, in an amount not to exceed $7,618.00 to be appropriated from account 56504.1.0; and

BE IT RESOLVED, that the Marion Town Board authorizes the transfer of $7,618.00 from unappropriated fund balance to 56504.1.0; and

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

RESOLUTION 081516
WAIVE LATE FEES ON SEWER BILL 3-3230-01
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

WHEREAS, Eric Flint, 3870 N. Main Street, Marion, Sewer Bill #3-323-01 has requested the late fees per sewer account #3-323-01has requested the late fees of $29.18 be waived per not receiving the bills; now

BE IT RESOLVED, that the Marion Town Board waives the late fees of $29.18 on account #3-323-01; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the WCW&SA and Eric Flint.

RESOLUTION 08162016
SEQR FOR MAIN STREET MARION REVITALIZATION

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

WHEREAS, the Town Board has reviewed the proposed application in regards to the State Environmental Quality Review Act and has determined the proposed action can be classified as a Type II action under sections §617.5 (c) (1), §617.5 (c) (2), and §617.5 (c) (6); now, therefore, be it,

RESOLVED by the Town Board of the Town of Marion finds that the proposed action of the Main Street Marion Revitalization is subject to SEQRA; and be it further

RESOLVED, that the action constitutes a Type II action under SEQRA and no further review is required.

RESOLUTION 081716
AUTHORIZE SPECIAL TOWN BOARD MEETING AUGUST 22, 2016
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 directs the Clerk of the Board to advertise in the Legal Newspaper for the Town of Marion that the Marion Town Board will conduct a special Town Board meeting on August 22, 2016 @ 7:00 PM at the Marion Municipal Room, 3827 N. Main Street, Marion NY for the purpose of Authorizing a Public Hearing for the Intent to Apply for Restore NY Funding for Main Street Marion Revitalization.

RESOLUTION 081816
AUTHORIZE SPECIAL TOWN BOARD MEETING SEPTEMBER 6, 2016
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 directs the Clerk of the Board to advertise in the Legal Newspaper for the Town of Marion that the Marion Town Board will conduct a special Town Board meeting on September 6, 2016 @ 6:30 PM at the Marion Municipal Room, 3827 N. Main Street, Marion NY for the purpose of the Intent to Apply for Restore NY Funding for Main Street Marion Revitalization.

RESOLUTION 081916
ACCEPT PROPOSAL FOR DRIVEWAY SEALING

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 accepts the attached quote from Seal Right Co in the amount of $2,370.00 for driveway sealing at the Marion WWTP to be appropriated from account 81304.7.0.195; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Seal Right Co., WWTP, and the Account/Audit Clerk.

Supervisor Deyo recessed the meeting for the Board to review the claims at 8:18pm. The meeting reconvened at 8:31pm.

RESOLUTION 08201616
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                      $23,549.31
Highway                    $19,363.02
Library                        $1,693.68
Sewer                         $9,083.90
Drainage                   $19,598.70
Trust & Agency          $2,525.39
Ext.#1 to NE#1          $3,000.00
SE Capital              $204,938.00
Total                      $283,752.00

On a motion by Councilman Bliek and seconded by Councilman Fonte, Supervisor Deyo recessed the meeting at 8:31pm to go into executive session to discuss a matter leading to appointment of a particular person. On a motion by Councilman Lonneville and seconded by Councilman Fonte, Supervisor Deyo closed the executive session and the regular meeting reconvened at 9:06pm.

RESOLUTION 082116
AUTHORIZE HIRING
On a motion by Councilman Lonneville and seconded by Councilman Fonte, the following resolution was put to a vote on roll call which resulted in the following:

Councilman Bliek Yes
Councilman Fonte Yes
Councilman Kauffman Yes
Councilman Lonneville Yes
Supervisor Deyo No

The resolution was declared duly adopted.

BE IT RESOLVED, that the Marion Town Board authorizes hiring Annette Lange as temporary part-time secretary to the CEO for a maximum of 5 hours per week at the rate of $20.00 per hour to be appropriated from Account #80101.1.0.102, not to exceed budgeted amount. The length of time of this appointment to be determined at the CEO’s discretion and will be effective Monday, August 22, 2016.

BE IT RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to give a copy of this resolution to the Duane Smeatin, Code Enforcement Officer, Annette Lange and the Account/Audit Clerk.

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

WORKSHOP: Tuesday, September 6, 2016 @ 7:00pm
MEETING: Monday, August 22, 2016 @ 7:00pm
Tuesday, September 6, 2016 @ 6:30pm
Monday, September 12, 2016 @ 7:00pm
________________________________________
Deborah D. Smith, Town Clerk/Clerk of the Board