Town Board Meeting September 12, 2016

Regular Town Board Meeting
Marion Municipal Room
September 12, 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 12th day of September, 2016.

Supervisor Deyo called the meeting to order at 7:11pm.

PRESENT: Monica Deyo, Supervisor
Laverne Bliek, Councilman

Michael Fonte, Councilman
Ronald Lonneville, Councilman

ABSENT: Nathan Kauffman, Councilman

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

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

TOWN BUSINESS: The Town Board approved the purchase of a new truck for the Waste Water Treatment Plant and are in agreement for Jeff Cragg, WWTP Operator to take trade in

CITIZENS’ COMMENTS:

COMMITTEE REPORTS:

Monica Deyo: Water, Sewer, Town Clerk: Jeff Cragg has been checking on the sewer lines with the work on North Main Street. The water district is coming along and is nearing completion. The Town Clerk had a busy August, $6,685.50 in receipts. Supervisor Deyo stated she and Jeff Cragg, Waste Water Treatment Plant Operator, will be going to MRB to discuss where we are going with the WWTP.

Mike Fonte: Public Safety, Judicial, Library: Nothing new to report for Judicial or Library. For Public Safety, he reported there was an incident at the rental property on South Main Street. He will check with other Town ordinances for a system where points are given to landlords when there is a problem/incident on their property. He will put together a packet when he gets information compiled. Councilman Lonneville stated the property has been cleaned up since that incident.

Councilman Fonte will also contact Brandon Martin regarding the door (in the sidewalk) to the basement of the restaurant on North Main Street.
Supervisor Deyo stated a problem with the traffic light at the intersection of Buffalo Street and Main Street. We are waiting for a part to repair it.

Nathan Kauffman: Parks, Recreation, Assessor: Absent. Supervisor Deyo stated the park season is over and that we need new soccer goals. Jeff Cragg stated they have spare parts at the sewer plant.

Ron Lonneville: Historian, Zoning, Planning: Councilman Lonneville reported he has met with Martha Rich. She will be submitting a letter of intent. Carolyn Adriaansen, Town Historian, will be retiring this year. Martha would like to take over. Martha will meet with Supervisor Deyo regarding a budget. Ron and Duane looking at electrical and plumbing estimates. The chimney needs to be pointed up. Councilman Fonte mentioned getting quotes from Dave Knight.

LaVerne Bliek: Highway, Drainage: Regarding drainage, a new pipe was put in behind the houses on North Main Street. They also did some work on White Road.

Tim Boeman, Highway Superintendent stated they were getting caught up with mowing the roadsides, helped on drainage project, helped the county haul stone, hauled stone for oil and stoning 6 ½ miles of road, helped Palmyra oil and stone, repaired cross cuts, truck maintenance and cleaned shop. They are planning on resurface the road at the end of October. Jeff Cragg stated RG&E is just about done on North Main Street.

RESOLUTION 090116
APPROVE JULY 11, 2016 TOWN BOARD MEETING MINUTES

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 approves the July 11, 2016 Town Board meeting minutes.

RESOLUTION 090216
RECEIVE AND FILE ALL CORRESPONDENCE/REPORTS FOR SEPTEMBER 12, 2016
On a motion by Councilman Deyo 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 directs the Clerk of the Board to receive and file all correspondence for September 12, 2016.

Correspondence:

1.A. Pioneer Gas Engine Association
B. Pioneer Gas Engine Association – 08/17/2016
2.Sales Tax Distribution 2nd Quarter 2016
3.Wayne Drumlins Auto Club
4.Mercy Flight Central
5. Troop 137

REPORTS:

1. Town Clerk August 2016
2. Justice Bonafede August 2016
3. Justice Bender August 2016
4. Code Enforcement Officer August 2016
5. A. Money Market August 2016
B. Trial Balance August 2016
C. Treasurers Report August 2016
6. Assessor August 2016
7. Library Director August 2016
8. Marion Fire District August 2016
9. Wayne County Sheriff July 2016
10.Recreation/Park Rentals August 2016

RESOLUTION 090316
MARION TOWN BOARD SUPPORT FOR SUBMITTING AN APPLICATION FOR RESTORE NY FUNDING FOR MAIN STREET MARION REVITALIZATION

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

WHEREAS, the Marion Town Board duly held a public hearing on 09/12/2016 for the purpose of submitting an application for Restore NY Funding for Main Street Marion Revitalization; and

WHEREAS, the Marion Town Board did duly advertise for three weeks in the legal newspaper for the Town of Marion that the following properties have indicated their intent to apply for restore NY Funding for Main Street Marion Revitalization:

Property Assessment List : Town of Marion

Municipal Name: Town of Marion
Project Name: Main Street Revitalization

List and sequentially number all properties submitted for this project. Properties with both a demolition/destruction phase AND a rehabilitation/reconstruction phase must use separate lines to define EACH project phase. This list must be published in a local daily newspaper for three consecutive days and be subject to a public hearing.

DM-Demolition            V-Vacant
DC-Deconstruction       A-Abandoned
R-Residential           RH-Rehabilitate            C-Condemned
#           Site Name / Address                  Sq.Ft.                   C-Commercial         RC-Reconstruction        S-Surplus
1           3787 S. Main Street                  2604                        R & C                      RH & RC                        V
2           3791 S. Main Street                  2750                        R & C                      RH & RC                        V
3           3795 S. Main Street                  2750                        R & C                      RH & RC                        V
4           3799 S. Main Street                  1908                        R & C                      RH & RC                        V
5           3803 S. Main Street                  3500                        R & C                      RH & RC                        V

NOW BE IT RESOLVED, that the Marion Town Board finds that the proposed Restore NY Funding for Main Street Marion Revitalization project is consistent with the Town’s local revitalization plan, and that the proposed financing is appropriate for this Main Street Marion Revitalization project, and that the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources, and that the project develops and enhances infrastructure and/or other facilities in a manner that will attract, create, and sustain employment opportunities where applicable; and

BE IT RESOLVED, that the Marion Town Board supports and approves of submitting an application for Restore NY Funding for Main Street Marion Revitalization; and

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

RESOLUTION 090416
CHANGE ACCOUNT # FOR Claim 6387 and 6388

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 changes the account number for claim 6387 and 6388 from 73101.1.0.085 to 73104.1.0.092; 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 Concession Stand Coordinator.

RESOLUTION 090516
AUTHORIZE SUBSIDIARY TRANSFER

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 the transfer of $250.00 from contingency 19904.1.0.0 to Town Board 10104.1.0.4; 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 090616
AUTHORIZE REZONING

On a motion by Councilman Lonneville and seconded by Councilman Bliek, the following resolution was put to a vote on 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, 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); and

WHEREAS, the Marion Town Board duly held a Public Hearing on September 12, 2016 at 7:00 PM in the Marion Municipal room for the purpose of hearing comments regarding the proposal; now

BE IT RESOLVED, that the Marion Town Board rezones the property at 3833 Walworth-Marion Road, tax account 65114-00-637719 from M-R (Medium Residential) to B-1 (Neighborhood Business); 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.

RESOLUTION 090716
IN MEMORIAM OF DUANE FISHER

On a motion by Councilman Fonte and seconded by Councilman Bliek, the following resolution was put to a vote on roll call which resulted in the following:

Councilman Bliek Yes
Councilman Fonte Yes
Councilman Lonneville Yes
Supervisor Deyo Yes

WHEREAS, Duane M. Fisher served the Town of Marion as Town and County Supervisor from January 1, 1980 – December 31, 1983, and October 1, 1984 – December 31, 1985, and as Town Councilman from January 1, 1986 – December 31, 1989, and January 1, 1996 – December 31, 1999. Throughout his years of service, he diligently served our citizens with loyalty and dedication; his passing is a great loss to his family and community; now

THEREFORE BE IT RESOLVED, the Marion Town Board hereby expresses its great regret in the passing of Duane Fisher and extends its deepest sympathy to his family.

RESOLUTION 090816
AUTHORIZE PUBLIC HEARING TO AMEND SEWER ORDINANCE
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 Clerk of the Board to advertise in the legal newspaper for the Town of Marion that a Public Hearing will be held on October 10, 2016 @ 7:00 PM in the Marion Municipal Room, 3825 N. Main Street, Marion NY for the purpose of amending the Town of Marion Sewer Ordinance effective January 1, 2017 as follows:

$42.00 = per Sewer Unit Charge
$17.00 = Minimum Charge for first 3,000 gallons
$ 4.05 = per thousand gallons thereafter as metered; 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 the Chief Operator of the WWTP.

RESOLUTION 090916
AUTHORIZE CHANGE IN NUMBER OF SEWER UNIT CHARGES FOR GLM EQUITIES LLC

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 Town of Marion has received notification from Robert Kase, GLM Equities LLC, that property number 65114-00-637719 has begun a temporary occupancy use of 45 people from August 29, 2016 thru “approximately” November 30, 2016; and

WHEREAST, Robert Kase must notify the Town of Marion in writing when the “actual” occupancy changes from 45 people; now

BE IT RESOLVED, that the Marion Town Board authorizes the change in unit charges for the Property of GLM Equities LLC, number 65114-00-637719 from one unit to 6 units effective August 29, 2016 thru “approximately” November 30, 2016; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Robert Kase of GLM Equities LLC, Wayne County Water and Sewer Authority, Chief Operator WWTP, and the Town Assessor.

RESOLUTION 091016
AUTHORIZE PUBLIC HEARING FOR APROPRIATION FROM RESERVES

On a motion by Councilman Bliek and seconded by Supervisor Deyo, the following resolution was
ADOPTED: Ayes: 4 Bliek, Fonte, 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 that a Public Hearing will be held on October 10, 2016 @ 7:05 PM at the Marion Municipal Room, 3825 N. Main Street, Marion NY, for the purpose of authorizing an appropriation from Reserve R11-230 in an amount of $24,229.56; for the purpose of purchasing a pickup truck.

RESOLUTION 091116
AUTHORIZE LABOR ATTORNEY FOR UNION NEGOTIATIONS

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 hiring Nicholas R. Minderler, Esq., 29 E. Genesee Street, Apartment #1, Auburn, NY 13021 (after October 1st address is 5934 Kennebec Court, Farmington NY 14425) as the labor relations specialist for union negotiations with the United Union of Roofers, Waterproofers & Allied Workers Local 22, at the rate of $125.00 per hour to include travel time; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Nicholas R. Minderler, Esq.

RESOLUTION 091216
AUTHORIZE ROAD CLOSURE FOR HARVEST IN THE HAMLET
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 location of said festival will require the closing of certain streets in the Town of Marion; now

BE IT RESOLVED, that the Marion Town Board hereby requests that the following highways be closed to all traffic on Saturday, September 24, 2016 from 7:00 A.M. to 7:00 P.M.:
1. North Main Street from the south side of the Elementary School driveway
2. Buffalo Street across from the Town Hall
3. South Main Street, North of Mill Street
4. Maple Street, from the Fireman’s Park driveway west to South Main Street

AND BE IT FURTHER RESOLVED, that the Marion Town Board directs the Clerk of the Board to send a copy of this resolution to E911, Marion Fire Department, Marion Ambulance, Marion Fire District, Seneca Foods, Chair MCDC, Marion Post Office, Wayne County Highway Department, Wayne County Sheriff, NYS Police Substation – Williamson, Chief Operator WWTP, and Marion Highway Department.

Supervisor Deyo recessed the meeting for the Board to review the claims at 8:20pm. The meeting reconvened at 8:30pm.

RESOLUTION 091316
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                   $21,986.01
Highway                 $95,408.26
Library                     $1,485.09
Sewer                    $14,626.95
Drainage                $18,477.10
Trust & Agency       $1,975.39
SE Capital           $304,724.49
NW#3                    $1,549.00
Lighting                  $ 1,025.50
Total                   $461,257.79
Supervisor Deyo recessed the meeting to go into executive session for the purpose of possible negotiation at 8:30pm. The regular meeting reconvened at 9:15pm.

With no further business, on a motion by Councilman Fonte and seconded by Councilman Lonneville, Supervisor Deyo recessed the meeting at 9:30pm.

WORKSHOP: Monday, October 3, 2016 @ 7:00pm
Public Hearing: Monday, October 10, 2016 @ 7:00pm
MEETING: Monday, October 10, 2016 following Public Hearing

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