TOWN BOARD Meeting Notes

Marion Municipal Room

August 13, 2018

 

A Town board meeting of the Town of Marion, Wayne County, NY was held on Monday, August 13, 2018 in the Marion Municipal Room.

 

Supervisor Deming called the meeting to order at 6:30pm.

 

PRESENT:         Debbie Smith, Councilwoman

Vern Bliek, Councilman

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Nick Deming, Supervisor

 

ABSENT:

 

OTHERS IN ATTENDANCE: Duane Smeatin, Marion Code Enforcement Officer; Jeff Cragg, Waste Water Treatment Supervisor; Tim Boerman, Highway Superintendent; Caryn Devlin, Marion Town Historian; Perry Howland, Sun & Record; Becky Block, Times of Wayne County; Lonnie Levan, resident.

 

Supervisor Deming asked for a roll call.

Councilman Lonneville started the Pledge of Allegiance.

 

Town Business: 

Supervisor Deming mentioned that Troy and Banks provided a utility audit and discovered the Town was paying to much for street lighting.  A credit from RG & E will be given to the town.

 

Citizens Comments: 

Perry Howland from the Williamson Record and Sun asked about Slices Pizzeria closing.  The Town Board did acknowledge that they had also noticed Slices was closed with a closed sign on their door.

 

Committee Reports:

Supervisor Deming:  Water, Sewer, Town Clerk

Supervisor Deming mentioned that with the resignation of Waste Water Treatment plant operator, Virginia Mayville, the Town has been working with Wayne County Water Sewer Authority to provide trained skilled help at the Marion Waste Water Treatment Facility.  A long-term plan is being developed and will be presented to the Marion Town Board in the future.  Supervisor Deming also mentioned that Senator Helming has secured a 2.5 million dollar grant, to be used for the joint municipal waste water treatment plant that is currently being planned by the Wayne County Water & Sewer Authority.

 

Councilman Lonneville:  Deputy Supervisor, Historian, Zoning & Planning

Councilman Lonneville thanked Duane Smeatin, Code Enforcement Officer; Austin Smeatin, Part- time seasonal Town employee; and the Marion Highway department for removing the old carriage house located at the new museum, Jennie’s House.   Historian, Caryn Devlin will have Jennie’s House open on Saturday, August 18 for any Marion Alumni to stop in and see the process being made.

 

Councilman Lonneville is currently working with the Comp Plan Team on finalizing for the Town of Marion Comprehension plan.   The Councilman is also still working with a variety of people regarding the Restore New York Grant for the release of funds.

 

Councilwoman Smith:  Public Safety, Judicial, Library

Councilwoman Smith spoke about the Marion Summer Recreation program that ended last week.  The library had an increase in attendees with lots of great programs for adults and children.

 

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher spoke about the Marion Recreation department summer program. She stopped in to visit a few times and found happy busy attendees.  Councilwoman Fisher is pleased with the counselors and all their hard work and effort. Councilwoman Fisher mentioned that 120 children are participating in the Recreation Summer Soccer program.

 

Councilman Bliek: Highway, Drainage

Councilman Bliek spoke about the work the Marion Highway department is doing.  Highway Superintendent, Tim Boerman mentioned that 5 miles of Marion roads have been oiled and stoned in July.    The Highway Department has painted the Marion Town Park pavilions, mowed the fields and made repairs at the Town Park.  Mr. Boerman is also working with Decker Excavating regarding a few different drainage problems.  Councilman Bliek mentioned that the street sign is down at the corner of Skinner & Deneering Roads, Mr. Boerman will look into this.

 

Public Hearing regarding the new local law #3 – Solar Energy Systems started at 6:45pm

The purpose of this public hearing was to adopt local law #3-2018 to amend the Zoning Law of the Town of Marion to regulate Solar Energy Systems.  Copies of the text of the above named local law shall be filed in the Office of the Town Clerk in Marion.  This text is available for anyone would would like to read a copy.

Supervisor Deming asked for any questions or concerns with no one coming forward, the public meeting was closed at 6:46pm.

 

 

Correspondence:

None

 

Reports:

 

  1. Town Clerk August 2018
  2. Justice Bender             August 2018
  3. Justice Bonafede August 2018
  4. Code Enforcement Officer August 2018
  5. Assessor             August 2018
  6. A. Money Market                                August 2018
  7. Operating Statement                     August 2018
  8. Fire Department June 12 & July 10, 2018

 

Resolutions:

  1. Approve July 9, 23 and 27, 2018 Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for August 13, 2018
  3. Amend Zoning Law of the town of Marion Local Law #3 – Solar Energy Systems
  4. Authorize Public Hearing for a Local Law Entitled “Real Property Tax Levy Limit”
  5. Authorize 2018 subsidiary transfers
  6. Authorize Town Clerk to attend training Athenian Dialogue and Regional Educational Seminar.
  7. Accept resignation of Wastewater Treatment Plant Operator
  8. Authorize Budget Amendment
  9. Authorize Closing of Streets within the Hamlet for the 2018 Fall Festival
  10. Authorize Supervisor to sign maintenance contract with the Toshiba for Town Clerk copier
  11. Payment of Claims

Resolution #8012018 Approve July 9, 23 and 27th, 2018 Town Board Meeting Minutes

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board approves the July 9, 23 and 27th Town Board

minutes. 

 

 

 

Resolution #8022018 Receive and File all Correspondence/Reports for August 13, 2018

 

On a motion by Councilwoman Smith and seconded by Councilman Lonneville

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for August 13, 2018.

 

Resolution #8032018 Amend Zoning Law of the Town of Marion Local Law 3-2018 “Solar Energy Systems”

 

On a motion by Councilwoman Smith and seconded by Councilman Lonneville

 

A Long Roll was called:

ADOPTED BY:  Ayes:  Supervisor Deming

Councilman Ron Lonneville

Councilwoman Debbie Smith

Councilwoman Joan Fisher

Councilman LaVerne Bliek

 

Nays:

 

 

BE IT RESOLVED, that the Marion Town Board amends Zoning Law of the Town of Marion to include Chapter 308-47: Solar Energy Systems

 

BE IT ENACTED by the Town Board of the Town of Marion as follows:

 

Chapter 308-47: Solar Energy Systems

A LOCAL LAW AMENDING THE ZONING LAW OF THE TOWN OF MARION TO REGULATE

SOLAR ENERGY SYSTEMS

 

SECTION 1.      STATUTORY AUTHORITY; TITLE

 

This Local Law shall be referred to as “Amending the Zoning Law of the Town of Marion to Regulate Solar Energy Systems” and is adopted pursuant to the authority of Municipal Home Rule Law of the State of New York and sections 261-263 of the Town Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and “to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.”

SECTION 2.                 LEGISLATIVE PURPOSE AND INTENT   

 

The Town of Marion recognizes that solar energy is a clean, readily available, and renewable energy source.  The intent of this section is to set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town.

The purpose of this local law is to amend language in the Zoning Law to adequately regulate solar energy systems, while advancing and protecting the public health, safety and welfare of the Town of Marion, including:

  1. a)    Taking advantage of a safe, abundant, renewable, and non-polluting energy resource;

b.)    Decreasing the cost of energy to the owners of commercial and residential properties, including single family houses; and

c.)     Increasing employment and business development in the region by furthering the installation of Solar Energy Systems.

 

These amendments to the Zoning Law including adding Chapter 308-47 are intended to promote the effective and efficient use of solar energy systems; and that the present zoning regulations in the Town do not adequately address this type of use.  The Town of Marion has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses.

 

SECTION 3.         WORD USAGE AND DEFINITIONS

 

BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM: a combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other façade material, semitransparent skylight systems, roofing materials, and shading over windows.

COLLECTIVE SOLAR SYSTEM: is an installation owned and benefitting collectively 2 or more property owners through sharing arrangements, homeowner’s associations, or similar cooperative efforts.

GROUND-MOUNTED SOLAR ENERGY SYSTEM: a Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structures for the primary purpose of producing electricity for onsite consumption.

LARGE-SCALE SOLAR ENERGY SYSTEM: a Solar Energy System that is ground-mounted and produces energy either for the purpose of offsite sale or consumption or it may serve on-site commercial, industrial, or agriculture needs.

RESIDENTIAL: all residential properties in A-C, L-R, M-R, H-R, B-1, and I-1 zones or zoning districts.

ROOF-MOUNTED SOLAR ENERGY SYSTEM: a Solar panel system located on the roof of any legally permitted building or structure for the primary purpose of producing electricity for onsite consumption.

SOLAR COLLECTOR: is a photovoltaic cell, panel, or array which relies on solar radiation as an energy source for the generation of electricity or a thermal cell, panel, or array which relies on solar radiation as an energy source for the transfer or storage of energy to heat air or water.

SOLAR ENERGY EQUIPMENT: Electrical energy storage devices, material, hardware, inverters.  Or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM: An electrical generating system composed of a combination of both Solar Panels and Solar Energy equipment.

SOLAR PANEL: A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR VOLTAIC EQUIPMENT: is any device for the direct conversion of solar energy into electricity; equipment that produces electricity by the use of semi-conductor devices, called photovoltaic cells, that generate electricity when light strikes them.

SOLAR THERMAL EQUIPMENT: is equipment that directly heats water or other liquid using light, in which the heated liquid is used or stored for such purposes as space heating and cooling, domestic water heating, and heating pool water.

 

Section 4.        PERMITTING

 

A zoning permit issued by the Town of Marion is required before any installation covered under Chapter 308-47: Solar Energy Systems.

  1. In all zones, all solar energy or solar thermal energy installations, except residential roof mounted installations, shall require a special use permit following procedures outlined in Article IV in the Town of Marion Zoning Law.
  2. All equipment except collecting solar panels shall be enclosed, or underground, and secured from inadvertent access.  A building permit to show compliance with all building codes for structural and fire safety shall be obtained from the appropriate agency.  Verification must be provided that reflection and electromagnetic interference are of equal or less impact than manufacturers specifications and “generally accepted standards”.
  3. All types of solar installations are permitted under this law in the commercial and industrial zones with a special use permit and site plan review approval except as noted here-in.
  4. All residential solar installations, ground mounted, are permitted by special use permit if meeting all the safety, size, and setback requirements in this article and all requirements for accessory uses elsewhere in the Town of Marion Zoning Law.
  5. Modifications to solar energy systems or solar heat systems that change the scale, design, scope, or purpose of the system require review and / or resubmission to the Town Planning Board.
  6. Collective Solar Systems are permitted in any district with joint application by all owners and users of the products generated and all landowners.  A written agreement must be presented, signed by all involved.
  7. In the H-R zone, and on all non-conforming in size lots, only roof mounted solar energy systems shall be installed.
  8. Vegetation shall not be removed within 30 feet of a natural or man-made water course or body for the purpose of installation or improving function of a solar energy system and if damaged, shall be repaired and restored.

 

 

 Section 5.       SOLAR ENERGY SYSTEMS

 

  1. Roof-Mounted Solar Energy Systems: Roof-Mounted Solar Energy Systems that primarily use the electricity onsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure subject to the following:

 

  1. Roof-Mounted Solar Energy Systems shall only be permitted to generate one-hundred and twenty percent (120%) or 15 thousand kwh, whichever is greater, of the annual electrical use of the property on which it is located to be verified with proof of the most recent three (3) years of electrical usage.
  2. Roof-Mounted Solar Energy Systems shall meet all requirements and restrictions of the zoning district within which they are located.
  3. Roof-Mounted Solar Energy Systems shall comply with all requirements of the New York State Energy Research and Development Authority and the New York State Uniform Fire Prevention and Building Code.
  4. Property owners shall provide documentation with their permit application that the local fire department has been notified that a Roof-Mounted Solar Energy System is proposed for their property.
  5. Safety. Concerns include weight of loading, wind resistance, and fire access, including ingress and egress from the entire structure shall be satisfied as determined by meeting all the Building Codes (including NYSUFPBC) in effect in the Town of Marion. Prior to operation, electrical connections must be inspected by the appropriate public utility and a licensed third party agency.
  6. Aesthetics.  Roof-Mounted Solar Energy System installations shall incorporate, when feasible, the following design requirements:
  7. Panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and highest edge of the system.
  8. No panel shall extend above the roof ridge of a sloped roof or within 18 inches of the edge of any roof.
  9. Residential Roof-Mounted Solar Energy Systems shall be exempt from site plan review under this law but shall meet all other Town of Marion land use regulations.
  10. Ground-Mounted Solar Energy Systems: Ground-Mounted Solar Energy Systems that primarily use onsite the electricity produced are permitted as an accessory use in all zoning districts subject to the following:
  11. Ground-Mounted Energy Systems shall only be permitted to generate one hundred and twenty percent (120%) or 15 thousand kwh, whichever is greater, of the annual electrical use of the property on which it is located to be verified with proof of the most recent three (3) years of electrical usage.

2..      Ground-Mounted Solar Energy Systems shall meet all requirements and restrictions of the zoning district within which they are located.

  1. Ground-Mounted Solar Energy Systems shall comply with all requirements of the New York State Energy Research and Development Authority and the New York State Uniform Fire Prevention and Building Code.
  2. Property owners shall provide documentation with their permit application that the local fire department that a Ground-Mounted Solar Energy System is proposed for their property.
  3. All such Ground-Mounted Solar Energy Systems in residential districts shall be installed in side or rear yards, and satisfy all safety, size, and setback requirements for accessory structures.
  4. All such Ground Mounted Solar Energy Systems shall be a minimum height of 3 (three) feet above grade (excepting supports) with a maximum height as specified for accessory structures in that district or zone.
  5. Ground Mounted Solar Energy Systems for any non-residential use shall meet site plan review under this chapter and all land use regulations.
  6. Large-Scale Solar Energy Systems:  Large Scale Solar Energy Systems are permitted within the B-1 Business District and the I-Industrial District as a primary use or as an accessory use upon issuance of a special use permit and site plan approval by the Town of Marion Planning Board, consistent with the requirements of the Town of Marion Zoning Law.   In these B-1 and I-1 Districts, as a primary use, up to 50% lot coverage is permitted.  As accessory use, 20% of the lot may be used for the solar installation.  A buffer must be installed and the solar installation must be greater than 250 feet from a residence.
  7. Large-Scale Solar Energy Systems are permitted within the A-C, Agriculture – Conservation as an accessory use (i.e.: on the same parcel) to support agriculture production activities up to 120% of actual annual usage as verified by the most recent 3 years of electricity use.  It must be located 65 (sixty-five) feet from right-of way lines, fifty feet from a neighboring property line, and 250 feet from a residence.  It will be constructed with a minimum underside clearance of 3 (three) feet and shall have maximum heights of 25 feet.
  8. Large-Scale Solar Energy Systems are permitted within the A-C, Agriculture – Conservation zone if such systems are producing electricity or heat primarily (more than 20%) for off –premises sale or consumption. This non-agricultural (industrial) use will have the following additional stipulations apply:
  9. There will be permitted a total amount of 240 acres within the Town of Marion Ag District that can be utilized for production of solar power for sale and consumption off-premises under this section E. This number of acres is approximately 2% of this A-C District of nearly 12,000 acres that are within Marion Township as it is constituted in 2018, the year of adoption of this law. It is determined that installation of solar electricity or heat producing systems under this section E that exceeds two percent (2%) of that acreage is inappropriate use of Ag land protected under NYS Ag Districts laws and local Zoning laws.
  10. There must be a 50 (fifty) feet setback from an interior property line unless abutting another industrial use parcel. Setback including buffer width shall be 65 feet from the right-of-way. Installation must be buffered and 250 feet from a residence.
  11. All panels or arrays must be 3 (three) feet underside clearance and maximum height of 25 feet.
  12. No wooded areas larger than 5 acres are to be removed for the siting of an industrial solar energy system as regulated in this section 5 E.
  13. Any and all projects under this section E must be located on a single parcel of 10 or more acres.
  14. These installations are considered industrial overlays of a scale set by this section 5 E, approved by special use permit and site plan review approval and all stipulations of the B-1 and I-1 zones shall apply. Zoning automatically reverts back to Agriculture-Conservation (A-C) upon ceasing to operate as a solar energy system or found in non-compliance with permits for 1 (one) year.

 

Section 6.          SUBMISSION REQUIREMENTS

 

For all Large-scale Solar Energy Systems, the applicant shall submit the following information with an application for a special use permit and application for site plan approval which may be in addition to the information required on the town site plan checklist:

  1. If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
  2. Blueprints showing the layout of the Solar Energy System signed by a professional engineer or registered architect shall be required.
  3. The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
  4. Property operation and maintenance plans that shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
  5. Decommissioning Plan.  To ensure the proper removal of Large-Scale Solar Energy Systems, a Decommissioning Plan shall be submitted as part of the application.  Compliance with this plan shall be made a condition of the issuance of a special use permit under this Section.  The Decommissioning Plan must specify that after the Large-Scale Solar Energy System can no longer be used, it shall be removed by the applicant or any subsequent owner.  The plan shall demonstrate how the removal of all infrastructures and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.  The plan shall also include an expected timeline for execution.  A cost estimate detailing the projected cost of executing the Decommissioning Plan shall be prepared by a professional engineer or contractor.  Cost estimates shall take into account inflation. Removal of Large-Scale Solar Energy Systems must be completed in accordance with the Decommissioning Plan.  If the Large-Scale Solar Energy System is not considered decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover the costs to the municipality.
  6. Bond.  Proof of a bond with a surety recognized with the Town shall be filed with the Town for one and one-half times the cost estimate (alternatively, either an inflation clause using an acceptable index of inflation shall be negotiated or a lesser amount shall be negotiated if deemed adequate by an independent review and acceptable by the Town Board) based on details of the projected cost of executing the Decommissioning Plan and shall be provided along with the Decommissioning Plan. A guaranteed letter of credit or cash may be considered in place of a bond if similarly reviewed and accepted. In lieu of posting a bond, the owner or developer shall be permitted to pay to the Town of Marion an amount deemed sufficient by the Zoning Board of Appeals to cover the cost of decommissioning. The cost estimate will be prepared by a professional or contractor.  The fund amount shall be paid to the Town upon completion of the grid interconnection or may be paid in annual installments over a period of five years.  The first payment being made at the time of grid interconnection.  The owner of developer posting funds pursuant to this section shall not earn any interest on the funds posted. The town shall be permitted to utilize the posted funds to remove the facilities in the event the owner or developer refuses to do so pursuant to the requirements of this Chapter.  Any funds posted by the owner or developer remaining after the Town causes the facilities to be removed shall be returned to the owner or the developer.
  7. PILOT (Payment in-lieu-of taxes). The owner of land on which any solar system installed pursuant to this statute that qualifies for an exemption pursuant to Real Property Tax Law Section 487, shall enter into a Payment in-Lieu-of Taxes agreement with the Town of Marion for a period not to exceed 15 years and not to exceed the amount the property owner would have been exempt pursuant to Section 487.

 

Section 7.        ADDITIONAL STANDARDS FOR ISSUING A SPECIAL USE PERMIT

 

The following standards shall be the basis for an approval of a special use permit for a Large-Scale Solar System and shall be satisfied in addition to the general requirements elsewhere in the Zoning Law for Special Use Permits.  These standards will, as well, all be considered as part of the site plan review process.

  1. Height.  Large-Scale Solar Energy Systems shall not exceed 25 feet in height when ground mounted.  Roof mounted systems shall adhere to the height requirements of the underlying zoning district and provisions elsewhere in this Chapter 308-47.
  2. Setbacks.  All Solar Energy Systems shall adhere to the setback requirements of the underlying zoning district.
  3. Lot Size.  Large-Scale Energy Systems shall be located on lots with a minimum lot size of ten (10) acres.
  4. Solar panels shall not occupy more than 20% of the lot except as allowed elsewhere in this Chapter 308-47.
  5. All Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access.  Warning signs with the owner’s contact information shall be placed on the entrance and perimeter of the fencing.
  6. Reasonable accessibility for emergency services vehicles shall be required and no photovoltaic system shall be permitted or installed until evidence has been given to the Town Clerk that the local fire department has been notified and verification that fire department concerns have been addressed.
  7. To the extent practical, all new distribution lines to any building, structure or utility connection must be located below ground.

8 All Solar Energy Equipment must have a UL listing or equivalent.

  1. All active Large-Scale Solar Energy Systems shall meet all requirements of the New York State Energy Research and Development Authority and the New York Uniform Fire Prevention and Building Code and shall be inspected by the Town of Marion Code Enforcement Officer.
  2. Utility Notification.  No grid-tied photovoltaic system shall be installed until evidence has been given to the Town Board that the owner has been approved by the utility company to install the system.  Off-grid systems shall be exempt from this requirement.
  3. Buffer zones shall be proposed and require approval of the Town of Marion Planning Board during the permitting process. There shall be plantings/fencing on the right-of-way side of the perimeter fencing, to screen the solar structures.
  4. Appropriate review shall be undertaken to determine the potential environmental impact of a project, including a State Environmental Quality Review, as well as site plan review as outlined in the Town of Marion Zoning Law.
  5. No two or more parcels, whether one or multiple owners, may support one solar energy system installation.
  6. A Solar Energy System Special Use Permit must be reviewed every 5 years. This process would involve return to the approving agency to review compliance and also to consider any changes or upgrades the applicant may wish to consider.

 

SECTION 8.                  APPLICABLE TO ALL SOLAR SYSTEMS 

 

Abandonment: Solar energy systems are considered abandoned after three hundred and sixty-six (366) days without electrical energy generation and must be removed from the property within one year of written notice.

All permitting fees for solar energy systems shall be governed by section 308-30 for this Chapter.

Penalties for a violation of this chapter shall be governed by section 308-4

 

SECTION 9.          SEVERABILITY/VALIDITY

 

If any part or provision of this local law, or the application thereof, to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this local law, or application thereof to other persons or circumstances, and the Town Board of the Town of Marion hereby declared that it would have passed this Local Law or the remainder thereof, had such invalid application or invalid provision been apparent.

 

SECTION 10.         REPEAL

 

All ordinances, local laws and parts thereof inconsistent with this local law are hereby repealed.

 

SECTION 11.         EFFECTIVE DATE

 

This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

 

Resolution #8042018 Authorize Public Hearing for a Local Law Entitled “Real Property Tax Levy Limit”

 

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

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 September 17, 2018, @ 7:00 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for a proposed Local Law #4 – 2018 regarding the “Real Property Tax Levy Limit” as follows:

Local Law #4 – 2018 “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 2019 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 2019 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 #8052018 Authorize 2018 Subsidiary Transfer

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board authorizes the following 2018 subsidiary transfers:

 

Account #                    Description                                          Increase          Decrease

33104.01.000.000       Traffic Control                                                             690.62

51824.08.000.000       Street Lighting                                    690.62

 

Due to Town Clerk computer burning out and almost catching fire

Account#                     Description                                                     Increase           Decrease

13304.01.000.005       Tax Collector Postage                                                             263.26

14104.01.000.039       Records Management                                                             165.92

14104.01.000.005       Town Clerk Postage                                                               195.56

14104.01.000.012       Equipment Repair                                           624.74

14104.01.000.000       Book Rebinding                                                                     100.00

14104.01.000.016       Seminars/Education                                        100.00

 

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

 

Resolution #8062018 Authorize Town Clerk to attend one day seminar

 

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board authorizes the Town Clerk to attend Athenian Dialogue and Regional Education Seminar at a cost not to exceed $135 from account 14104.01.000.016, and

 

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

 

 

 

 

 

Resolution #8072018 Accept Resignation of Wastewater Treatment Plant Operator

 

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

 

A Long Roll was called:

ADOPTED BY:  Ayes:  Supervisor Deming

Councilman Ron Lonneville

Councilwoman Debbie Smith

Councilwoman Joan Fisher

Councilman LaVerne Bliek

 

 

WHEREAS, Virginia Mayville has submitted her resignation as Wastewater Treatment Plant Operator effective August19, 2018; now

 

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Virginia Mayville effective August 19, 2018; 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 Virginia Mayville cash payment for remaining sick and vacation time according to our Employee Handbook; 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 Principal Account Clerk.

 

Resolution #8082018 Amend 2018 Budget

 

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board amends the 2018 Budget and increases budget appropriations 73104.01.000.004 (Youth Programs Misc. Summer Music Program) by $2160 and the budget revenues 2770.01 (Unclassified Revenues) by $2160; and

 

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

 

 

 

 

Resolution #8092018 Authorize Closing of Streets within the Hamlet for the 2018 Fall Festival

 

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

BE IT RESOLVED, that the Marion Town Board hereby requests the following streets to be fully closed to all traffic on Saturday September 29, 2018 from 8 a.m. – 6:30 p.m.

North Main Street from the South side of the Elementary School driveway

Buffalo Street across from the Town Hall

South Main Street, North of Mill Street

Maple Ave from the Marion Library to Main Street.

 

BE IT RESOLVED, that the Marion Town Board hereby request the following streets to be closed but open to local and festival traffic only on Saturday September 29, 2018 from 8 a.m. – 6:30 p.m.

Buffalo Street at Route 21

Maple Ave at Union Street

Mill Street at Union Street

Cemetery Road to Union Street

 

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, Marion Post Office, Wayne County Highway Department, Wayne County Sheriff, NYS Police Substation, Williamson, Chief Operator WWTP and Marion Highway Department.

 

Resolution #10 Authorize Supervisor to sign maintenance contract with Toshiba for Town Clerk Copier

 

This Resolution was tabled.

 

 

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the attached contract with Toshiba Business Solutions maintenance contract for the Town Clerk copier cost not to exceed $288 per year; and

 

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

 

 

Resolution #8102018 Payment of Claims

 

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED BY:  Ayes: 5  Deming, Lonneville, Smith, Fisher, Bliek

Nays:

 

 

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                                   $    20466.98

Highway                                  $  118076.75

Library                                     $       1253.40

Sewer                                       $       4317.58

Street Lighting                         $         246.08

Drainage                                 $       6885.00

SE Water District                     $       6898.24

Trust and Agency                    $       2455.89

Total                                             $160599.92

 

Prepays Abstract

General                                   $       2911.15

Library                                     $         796.74

Sewer                                      $       2997.88

Street Lighting                        $       2437.75

            $       9143.52       

 

Supervisor Deming called for the meeting to go into executive session.  This was done with a motion by Councilman Lonneville and seconded by Councilman Bliek at 7:08pm

 

The meeting was called back into order at 7:50pm

 

With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Smith, Supervisor Deming recessed the meeting at 8:05pm

 

Next meetings are scheduled for:

Workshop:                   Monday, August 27, 2018 @ 1pm

Workshop:                   Monday, August 27, 2018 @ 6:30pm

Meeting:                       Monday, September 10, 2018 @6:30pm

Workshop:                 Monday, September 24 ,2018 @ 6:30pm

 

______________________________________

Heidi M. Levan, Town Clerk/Clerk of the Board