TOWN BOARD Meeting Notes

Marion Municipal Room

September 17, 2018

 

A Town board meeting of the Town of Marion, Wayne County, NY was held on Monday, September 17, 2018 in the Marion Municipal Room.

 

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

 

PRESENT:         Debbie Smith, Councilwoman

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Nick Deming, Supervisor

 

 

ABSENT:          Vern Bliek, Councilman

 

 

OTHERS IN ATTENDANCE: Duane Smeatin, Marion Code Enforcement Officer; Jeff Cragg, Waste Water Treatment Supervisor; Perry Howland, Sun & Record; Michelle Kolosek, W.J Sweet, Mimi Richards, Conrad Richards, Beth Covel, Craig Covel.

 

Supervisor Deming asked for a roll call.

Councilman Lonneville started the Pledge of Allegiance.

 

Town Business: 

The Town Clerk presented the Tentative Budget to the Town Board.  The Board then proceeded to discuss the budget one line item at a time.  2018 Tax was $4.98964 per thousand and the tentative budget presented for 2019 is $4.71862 per thousand.

 

At 7pm, the Public hearing opened regarding the “Real Property Tax Levy Limit” as follows:  Local Law #4 – 2018

 

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.

 

 

After a brief discussion, Supervisor Deming suspended the meeting at 7:20pm and asked that it be opened up again on Monday, September 24th at 6:30pm.  A new notice will be placed in the Times of Wayne County.

 

Citizens Comments: 

A few residents spoke up regarding the tentative budget. Their concern is if the Town Board is trying to get new businesses and residents to move in.  They were also concerned about the tax rate.  The same resident had a question regarding the Tax Cap Levy.  Supervisor Deming explained what the tax cap levy meant and how it would affect taxes, if at all.

 

Perry Howland asked Supervisor Deming how much funds have been used from the Reserve funds this year.  Supervisor Deming answered $160,000.

 

Reports:

 

Resolutions:

  1. Authorize additional CDBG Funds for the Following Updates/Improvements for Town of Marion Owned Buildings
  2. Resolution #2 Authorize Supervisor to sign General Code Estimate to update local laws1-2018, 2-2018 and 3-2018

 

 

Resolution #9072018 Authorize additional CDBG Funds for the Following Updates/Improvements for Town of Marion Owned Buildings

 

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

 

ADOPTED:       Ayes   4

Nays:  0

 

BE IT RESOLVED, that the Marion Town Board authorizes the use of uncommitted NYS CDBG Program Income to be used for updates/improvements of Town of Marion owned buildings as follows; and

 

Museum (Jennie’s House)

Rough in elevator lift shaft ADA Compliant                               $382.60

 

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Jason Purvis, Code Officer, Ronald Lonneville and the Principal Account Clerk.

 

Resolution #9082018 Authorize Supervisor to sign General Code Estimate to update local laws1-2018, 2-2018 and 3-2018

 

On a motion by Councilwoman Fisher and seconded by Councilman Lonneville

 

ADOPTED:       Ayes   4

Nays:  0

 

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the attached General Code estimate to update local laws 1-2018, 2-2018 and 3-2018 not to exceed $1450 from account # 14104.01.000.198; 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, General Code and the Principal Account Clerk.

 

 

Resolution #9092018 Authorize to Advertise for a Public Hearing regarding Local Law #4-2018 the “Real Property Tax Levy Limit”

 

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

 

ADOPTED:       Ayes   4

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 September 24, 2018, @ 6:30 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.

 

With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Smith, Supervisor Deming recessed the meeting at 8:40pm

 

 

Next meetings are scheduled for:

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

Meeting:                       Tuesday, October 9, 2018 @6:30pm

 

 

_____________________________________

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