TOWN BOARD Meeting Notes

Marion Municipal Room

October 9, 2018

 

A Town board meeting of the Town of Marion, Wayne County, NY was held on Tuesday, October 9, 2018 in the Marion Municipal Room.

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

PRESENT:      Vern Bliek, Councilman

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Debbie Smith, Councilwoman

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; Richard Murphy; Leslie Hance; Emma DeYoung; Debbie Cowel; Leah Mousso; Morgan Henning; Julie Rinella; Vicky Mullin, AJ Lehr; Bart Lehr; Natalie Vernon; Drew Holahan; Steve Saunders; Brian D. Manktelow; Mark Conover; Kerry Sargent & Wayne County Sheriff,  Barry Virts.

Supervisor Deming asked for a roll call.

Councilwoman Smith started the Pledge of Allegiance.

 

Town Business: 

Supervisor Deming mentioned that we will be talking about the sex offender living across the street from the Elementary School, The Marion Ambulance, Marion Cemetery Association and the 2019 Budget.  He encouraged residents to speak up and ask questions.

Supervisor Deming has talked to the Marion Town Attorney regarding the arrest of the Sex Offender.  New York State law does not allow towns to decide where a sex offender can live.  A summary of the law was given to everyone in attendance.

 

 

 

 

 

 

Committee Reports:

 

Supervisor Deming:  Water, Sewer, Town Clerk

Supervisor Deming received a new draft of the Joint Regional Waste Water Treatment Plant agreement.  He asked Town Board members to start reading this latest version.  Town Attorney Art Williams plans to be in attendance at the October 22, 2018 Board Meeting to discuss this further.

Supervisor Deming also spoke briefly on the agreement between the Wayne County Water and Sewer Authority and the Marion Sewer Department regarding employee coverage.  A written agreement has been received and a resolution will be brought before the board tonight.

 

The Town Clerk’s office has been very busy the month of September collecting Marion School Taxes.  It has been working out well and residents seem very pleased for this new opportunity.

 

Councilman Lonneville:  Deputy Supervisor, Historian, Zoning & Planning

Councilman Lonneville submitted a letter to Senator Pamela Helming nominating Dick O’Connor for the 2019 New York State Senate Veteran’s Hall of Fame.

Councilman Lonneville asked Caryn Devlin to speak about the Marion Fall Festival.  Caryn submitted a report to the Board.  She also wanted to publicly thank the following committee members who helped to make a great festival.  Thanks to the combined efforts of Alyshia Casper, Adam Casper, Vicki Mullin, Debbie Smith, Joan Fisher, Ron Lonneville, Tom Salviski, Sue Taylor, Barb Schoonerman, Chrissie Nelson (informally) and Caryn Devlin. Caryn would also like to thank Duane Smeatin, Jeff Cragg and Tim Boerman for their help at the Festival. The 2019 Fall Festival will be held on September 7, 2019.  This is a new date and the committee hopes this will bring in more attendees and vendors.

Councilman Lonneville also mentioned that the Marion Zoning Board, Planning Board and Town Board will be meeting together on Wednesday, November 14, 2018 at 6:30pm.  This meeting will take place at the American Legion in Marion.

 

Councilwoman Smith:  Public Safety, Judicial, Library

Councilwoman Smith talked about the Marion Town Court.  The Courts are now ready to take Credit Card payments for any fees.

Councilwoman Smith talked about the pie & book sale during the Marion Fall Festival.  The library had great attendance.

 

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher talked about the Marion Recreation Basketball program.  The Basketball coordinator is Michele Kolosak.  She is currently signing up 5th & 6th grade boys and girls.  She is also busy with Fall Baseball on the weekends.

 

Councilman Bliek: Highway, Drainage

Councilman Bliek mentioned that the Drainage projects for 2018 are now complete.  Highway Superintendent, Tim Boerman said the Highway Department has been very busy changing out culverts & paving over new culverts on Deneering Road.  They have also helped with the Marion Fall Festival, Jenny’s House and mowing.

 

Citizens Comments:

Mark Conover spoke regarding the Marion Ambulance Service.  The Marion Ambulance Service is currently looking to increase paid staff during their heaviest call volume.  They would also like to propose to the Marion Town Board a joint Public Safety Building that could bring more agencies under one roof and improve services.  They propose the building could be for the Ambulance, Town Offices, & Sheriff’s office.  The Ambulance is now paying $12,000 a year for rent.  The Ambulance needs a heated garage, Lockable space and restrooms.  Mr. Conovor mentioned that the Marion School Board is reluctant to house the ambulance at the Marion School District Bus garage.  Currently the ambulance is being housed at Al Wessie’s Shop on Buffalo Street.

 

Bart Lehr and AJ Lehr spoke regarding their concern for Wal-Mar Spur, a road that the Town of Marion owns off of Rt. 441.  They both feel that the Marion Highway Department should spend more time on repairing this specific road.  AJ feels that if the road isn’t repaired, then the Marion School District won’t drive a school bus down the road to pick up his daughter.  The Town Board and Highway Department will look into different opinions.

 

Wayne County Sheriff, Barry Verts spoke next regarding the Marion Resident who is a registered sex offender who lived across from the Marion Elementary School and was arrested in late September.  The Sheriff’s office was given the notice regarding the resident’s search warrant as it was being executed by the FBI, State Police and the resident’s probation officer.  The resident was a level one sex offender.  His is currently being held by the Federal Government in Ohio.

Next the Sheriff asked attendees if they had any questions that he could answer regarding sex offenders and / or the resident who was arrested.  Someone asked if the Sheriff’s office knew the gentleman was a sex offender.  The answer was yes.  The sheriff’s office check on all registered sex offenders.  The last time that someone checked on this gentleman was on September 21, 2018.  Someone also asked if the school district was aware of the where the sex offender lived.  The sheriff answered – Yes.  The Sheriff meets with the Wayne County School Superintendents twice a year.  Another question was asked if the School district knew the Town Board would be meeting and if they knew this subject was being discussed.  The answer was Yes because the Town made arrangements to use the Marion Elementary School auditorium if needed for extra space.

The Sheriff next explained a way for residents to look for registered sex offenders in their area.  Go to  www.waynecosheriff.org and scroll to the bottom of the page.  On the right-hand side is link to the Sex Offender Registry.  If you click on this link, you can search for registered sex offenders in your area.  It is the responsibility of the citizen to check this listing.  It is not for people to harass the sex offenders just to give you a heads up of where they live to help keep your family safe.

 

Budget:

Supervisor Deming started the budget discussion.  He asked that the Town Board look at each section this evening and make any adjustments and to hold a discussion.  The Town Clerk, Heidi Levan, asked if she could address the board about the Town Clerk Budget.  The following was read to the board.

 

On Monday, September 24th, I was on vacation and I had asked Kathy Cauwels, Town of Marion Principal Account Clerk to take notes on my behalf.  It was brought to my attention that some of the board members questioned why Kathy took the notes and not the Deputy Town Clerk.  I would like to take a minute to address this situation.

I had asked the deputy if she was interested in taking notes, her answer was no.  She knew that she would be working a full 9 ½ hour day prior and didn’t want to add any more hours to her day.  I respected her decision and in turn asked Kathy if she was available.

Another concern that was brought to my attention was that I was breaking the law by not having the deputy take notes.  This is incorrect.  According to Town law, The town Clerk is required to attend regular meetings, special meetings, agenda meetings, workshop sessions and public hearings.  Where the town clerk is unable to attend a particular town board meeting it is incumbent upon the town clerk to ensure the attendance of the deputy town clerk OR TO FIND another person who is able to take and record the meeting minutes in the town clerk’s stead.  I am happy to provide a copy of this law for anyone who would like to read it.  I have not broken the law and I hope this ends any confusion the board might have with my decision to have Kathy take the notes.

The next thing I would like to speak to the Board about is my budget for 2019.  Again, it has been brought to my attention that some board members would like to cut the pay listed in the proposed 2019 budget for both myself and my deputy.  I would like to address my concerns with all of you and to share a few different facts regarding salary.

Historically, each time a town employee has left, the next person coming into that position has been paid either exactly the same amount as the previous employee or very similar.

Here are a few Examples:  Highway Superintendent in 2005 made $46,146 and in 2006 the newly elected highway superintendent made $46,146.  In 2018, The Town Supervisor made the same as the former supervisor in 2017.  In 2001, the newly elected Town Clerk made the exact same amount as the former town clerk.  These are just some examples for you.

Last year, the former Town Clerk was making $42,029 a year (41,571 for TC and $458 for Vital Statics).  In the 2018 budget, the salary for the town clerk’s office was cut to $35,400 ($35,000 for TC & 400 for Vital Statics).  This is a $6,629.00 cut in pay.  For the 2019 budget, I have asked that the Board increases the Town Clerk’s Salary to $39,100.  This is less than the former town clerk salary of 2017 by $2,929.00

Now, I would like to talk about what the Town Clerk’s Office has done in 2018.

The Town Clerk’s office is open 37 ½ hours each week.  We are open until 6:30pm on Monday’s, increased our Friday hours and no longer close for lunch hours.  We have had very positive feedback from the residents regarding our hours.

In June, I approached the MSCD about the possibility of collecting school taxes.  I knew that M & T bank would be closed in early September and wanted to give the residents of Marion a place to pay their school taxes locally.

Arrangements were made and the Town Clerk’s Office is currently collecting school taxes.

Prior to the closing of M & T bank, the Town of Marion switched banks to Lyons National Bank. Unfortunately, Lyons National Bank does not have a branch in Marion.  I am currently making trips to the bank for myself, the library, the town and the courts and have not been charging the town mileage for any of these trips.  However, if I did submit for mileage, it would be appox. $326 a year. (12.7 miles each trip x 2, twice a week, each month at .535 per mile) or $27.18 per week.

 

In July, our office took on the task of maintaining the town website and the monthly community calendar.  In the past, this job was the responsibility of the IT coordinator.  When she left, her position was eliminated.  In 2018, there was $3744.00 allocated for her position.  Although our office is doing the same work, we are receiving no compensation.

I am doing more work with less pay than the previous Town Clerk was making in 2017.  If you took my current pay for 2018 which is $35,400 and add in the salary of the IT personal of $3744.  This would make my pay of $38,744.  I did not include the salary for collecting school taxes because the school is paying the town for this service and in turn, I am receiving $1275 for this.

Proposed in the 2019 budget is the following for the Town Clerk:  $38,500 plus $600 for vital statistics registrar.  For a total of $39,100.  This does not include the salary for the School tax collection. Again, school tax collection is an additional $1275.   I don’t feel this should be factored in due to the fact, this pay increase is from the school district.  However, if you do factor in for school tax collection., the salary for the Town Clerk would be a total of $40,375.  This is still $1654.00 less than the previous town clerk’s 2017 salary.

Now I would like to discuss the deputy town clerk pay.  Yes, there is a big increase in the 2019 budget for the Deputy Town Clerk’s pay.  The deputy town clerk is a notary and has attended the Town Clerk conference this past April and learned a variety of skills from this training regarding her position.  I also strive very hard to teach the deputy as much information as I can so when I’m not in the office, she is capable of covering the office and feels confident in the duties that she has been given.  $13.00 an hour is a very low salary for the responsibilities of this position.  The Deputy in Marion is second lowest paid deputy town clerk in Wayne County.  I feel that in order to keep good employees, they should be paid accordingly.  She could go to a fast food restaurant and get paid more money and yet she is here serving the residents in Marion.

If you would like to see a salary comparison sheet from the county, I will be happy to provide that to the town board.

One final note:  This is just a reminder.

The Town Clerk’s office is the face of the town of Marion.  We listen to all the positive and negative comments.  We sell DEC licenses, issue marriage licenses, dog licenses, death certificates, certified copies, sell EZ passes, collect town and county taxes, rent the town park, and many other things.  We try to go above and beyond.

Thank you for taking the time to listen to my concerns.

 

Supervisor Deming continued with the Budget.

 

Highway Superintendent, Tim Boerman stated that he feels that the Road Reconstruction line should be at $220,000.

 

A citizen in attendance asked a question regarding the Marion Museum.  She wanted to know why the town would be putting $40,000 into the budget for a museum and not put money towards an ambulance service.  Supervisor Deming explained that this project was started by previous Town Boards and it needs to be brought to completion.

 

Another question was brought up regarding the Marion Cemetery Association.  They are struggling with funds and would like the Town of Marion to help offset the cost of mowing.

 

Changes were made to the budget under the direction of the Marion Town Board.  A preliminary copy of the budget in a draft form will be made available at the Town Clerk’s Office.

 

Correspondence:

  1. Letter – Art Williams, Town Attorney – Sex Offender Registry
  2. Sex Offender Information
  3. Draft Regional Sewer Plant Agreement

 

Reports:

  1. Assessor September 2018
  2. Library                                     September 2018
  3. Justice Bender September 2018
  4. Justice Bonafede                         September 2018
  5. Town Clerk September 2018
  6. Operating Statement September 2018
  7. Fire District September 2018
  8. Operating Statement             October 2018
  9. Marion Fall Festival Report October 2018

 

Resolutions:

  1. Resolution #1 Authorize Final Payment to contractor for SE Water District
  2. Authorize Supervisor to Sign all Necessary Documents to Apply for a Grant through the Justice Court Grant Assistance Program
  3. Subsidiary Transfers
  4. Authorize Town Clerk to Sign up for Dental Insurance
  5. Payment of Claims

 

Resolution #10012018 Approve September 6,10,17 and 24, 2018 Town Board Minutes.

 

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 approves the September 6,10,17, and 24, 2018 Town Board minutes.

 

Resolution #10022018 Receive and File all Correspondence/Reports for   October 9, 2018

 

On a motion by Councilman Bliek and seconded by Councilwoman Smith

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 October 9, 2018.

 

 

Resolution #10032018 Authorize Final Payment to Contractor for SE Water District

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville

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

Nays:

 

WHEREAS, the construction of the improvements for the Town of Marion South East Water District Project have been completed and approved by the NYS Department of Health; now

 

NOW THEREFORE BE IT RESOLVED, that the Marion Town Board accepts the project as constructed; and

 

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes final payment to be made to the contractor from Account # 83402.35.000.189 for the amount of $292,423.50.

 

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 #10042018 Authorize Supervisor to Sign all Necessary Documents to Apply for a Grant Through the Justice Court Grant Assistance Program

 

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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

Nays:

 

WHEREAS, the Justice Court for the Town of Marion is preparing an application for the Justice Court Assistance Program Grant (JCAP) for the purchase of a conference table for the Courtroom; now

 

BE IT RESOLVED, that the Marion Town Board approves the submitting of an application for the Justice Court Assistance Program Grant (JCAP) for the purchase of a conference table for the Courtroom; and

 

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign all necessary documents regarding said grant; 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 Justice Court Clerk.

 

RESOLUTION #10052018 Authorize Subsidiary Transfer

 

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

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

Nays:

 

BE IT RESOLVED, that the Marion Town Board approves the Transfer of the following:

Debit                                       Credit

51124.03.000.123                                                                   437.38

51124.03.000.129                                                                   437.38

51484.03.000.144                                                                   24224.16

51124.03.000.129                                                                   11784.45

51124.03.000.130                                                                   12178.00

51424.03.000.144                                                                   261.71

 

51302.03.000.132                                                                   896.03

51124.03.000.130                                                                   896.03

 

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 #10062018 Authorize Town Clerk to Submit Application for Dental Insurance

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville

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

Nays:

 

WHEREAS, the Town of Marion full time employees are eligible to sign up for dental insurance through Excellus Blue Cross Blue Shield; and

 

BE IT RESOLVED, that the Marion Town Board authorizes Heidi Levan, Town Clerk to submit an application to Excellus Blue Cross Blue Shield for dental insurance; now

 

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

 

 

Resolution #10072018 Authorize Supervisor to sign Marion Wastewater Treatment Plant and Sanitary Sewer System Supplemental Operations Agreement.

 

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED BY:  4 Ayes

Long Roll:

Supervisor Deming – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

 

Councilman Bliek – Abstain

 

Nays:

 

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the attached agreement for the Town of Marion Wastewater Treatment Plant and Sanitary Sewer Systems Supplemental Operations Agreement with Wayne County Water and Sewer Authority at the following rates:

 

Regular Rate $35.00/hour

Overtime Rate  $50.00/hour

Mileage shall be charged per 2018 IRS Mileage Reimbursement Rate to be expended out of 81301.07.000.162; and

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Wastewater Treatment Plant Operator, Jeff Cragg, Wayne County Water and Sewer Authority and the Principal Account Clerk.

Resolution #10082018 Authorize Public Hearing 2019 Budget

 

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 direct the Clerk of the Board to advertise the following in the legal newspaper for the Town of Marion,

 

NOTICE IS HEREBY GIVEN that the Preliminary budget for the Town of Marion, New York, for the fiscal year beginning January 1, 2019 has been completed and filed in the Office of the Town Clerk of the Town of Marion, where it is available for inspection by any interested persons at all reasonable hours; and

 

FURTHER NOTICE is hereby given that the Town Board of the Town of Marion will meet and review said budget and hold a Public Hearing on Monday, October 22, 2018 @ 6:30pm at the Marion Municipal Room, at which time and place any persons may be heard in favor or against any items therein contained; and

 

WHEREAS, pursuant to Town Law, the proposed salaries of the following officers are hereby specified as follows:

 

Highway Superintendent  $60,593.

Highway Superintendent Secretary  $4,537.

Town Clerk      $39,000

Registrar of Vital Statistics      $600.

Town Justice 2 each @ $14,281.

Councilman 4 each @ $4,690.

Supervisor  $25,919.

Budget Officer $655

Deputy Supervisor $1,000

 

 

 

Resolution #10092018 Payment of Claims

 

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

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                                   $    25036.90

Highway                                  $    46606.70

Library                                     $       1651.68

Sewer                                       $       7460.00

Street Lighting                           $         418.35

Drainage                                    $       4547.40

SE Water District                     $   296503.50

Trust and Agency                    $       2341.99

Total                                          $   384566.52

 

With no further business, on a motion by Councilwoman Smith and seconded by Councilman Lonneville, Supervisor Deming closed the meeting at 10 pm

 

Next meetings are scheduled for:

Meeting:                       Monday, October 22, 2018@6:30pm

Meeting:                       Tuesday, November 13, 2018 @ 6:30pm

 

 

______________________________________

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