TOWN BOARD Meeting Notes

Marion Municipal Room

Monday, July 22, 2019

A Town Board meeting of the Town of Marion, Wayne County, NY was held on

Monday, July 22, 2019 in the Marion Municipal Room.

 

PRESENT:         Nick Deming, Supervisor

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Debbie Smith, Councilwoman

 

ABSENT:          LaVern Bliek, Councilman

 

OTHERS IN ATTENDANCE:  Jeff Cragg, Wastewater Treatment Plant Operator; Caryn Devlin, Marion Historian; Perry Howland, Williamson Record & Sun newspaper.

Supervisor Deming called the meeting to order at 6:31pm and asked for a roll call.

Councilwoman Fisher started the Pledge of Allegiance.

Town Business:

Jeff Cragg addressed the board with his ideas for upgrading the Marion Town Park.  Mr. Cragg’s ideas are to enclose Pavilion D.  This Pavilion would be used for the Summer Recreation program.  Mr. Cragg would also like to see 4 square lines painted inside of the tennis court.  This would prevent balls from rolling into the parking lot where a child could be injured.  Mr. Cragg’s last suggestion was to update Pavilion A.  The Marion Town Board listened to Mr. Cragg’s suggestions and will discuss this more when the Town Board is ready to update the Town Park.

Councilman Lonneville wanted to recognize Judy Casler & Caryn Devlin for their hard work organizing the Marion Music Stroll that took place on Sunday, July 21, 2019.  People in attendance enjoyed the strawberry shortcake sold by the United Church of Marion, listened to music and purchased slices of pizza from Tolleson Pizzeria.  Tolleson Pizzeria will be opening in late July or early August on South Main Street, next door to the Post Office.

Supervisor Deming reminded everyone that the Pioneer Gas Engine Show parade will start on Saturday at 1pm.  Supervisor Deming spoke about a letter that he and town board members received from resident, Mike Fonte. Mr. Fonte would like the Town Supervisor to have a 4-year term, not a 2-year term.  Mr. Fonte would also like to see Town Board Members and Supervisor to have term limits.  The Town Board members had a discussion regarding this request.  Town Board members feel the Supervisor term should remain at 2 years and there should not have term limits on both the Board members and Supervisor.

Councilwoman Fisher took a moment to thank the volunteers from The Church of Jesus Christ of Latter-day Saints Hill Cumorah Pageant workers who spent Wednesday, July 17, 2019 at the Marion Town Park.  There were 16 volunteers who ranged in age from 16 to 18 years old.  They stained 19 picnic tables in a few short hours.  Councilwoman Fisher was originally hoping to stain the picnic tables under Pavilion C, however those tables need replacement.  Councilwoman Fisher is hoping to have money in the 2020 budget to replace those tables.  Another thought is to have the Town of Marion purchase the lumber and possibly have a Boy Scout troop build them.

Citizen Comments:

Perry Howland from the Williamson Record & Sun newspaper asked the Marion Town Board a question regarding the planned Joint Wastewater Treatment Facility project.  Mr. Howland wanted to know if Walworth joining the project would affect Marion in any way.  The answer was – no, it would not slow up installation or increase the price.

Town Clerk, Heidi Levan spoke next regarding the NYS minimum wage law.  A parent of a Summer Recreation camp counselor called the Town Clerk’s office looking for documentation as to how the Town of Marion can pay less than minimum wage. The Town is authorized to pay less because State Minimum Wage Law does not apply to public agencies. Ms. Levan spoke to Kathy Cauwels, Principal Account Clerk and sent a copy of the Department of Labor law information to the parent.

Correspondence:

  1.  Letter from Mike Fonte

Resolutions:

  1. Resolution #1 Authorize Public Hearing for Appropriation from Sewer Fund Reserve to Purchase a Standalone Generator for the pump station located at 4145 East Williamson Road
  2. Resolution #2 Authorize Public Hearing for Appropriation from Highway Equipment Reserve for a Pickup Truck
  3. Resolution #3 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection
  4. Resolution #4 Subsidiary Transfers
  5. Payment of Claims

Resolution #71519 Authorize Public Hearing for Appropriation From Sewer Fund Reserve to Purchase a Standalone Generator for the Pump Station Located at 4145 East Williamson Road

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED:    Ayes:    4          Fisher, Smith, Lonneville, Deming

Nays:   0

The following resolution was adopted

WHEREAS, the Town of Marion desires to purchase a standalone generator for the pump station located at 4145 East Williamson Road; now

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 August 12, 2019 @ 6:45 pm at the Marion Municipal Room for the purpose of authorizing the appropriation of an amount not to exceed $17337.40 for a standalone generator; and

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

Resolution #71619 Authorize Public Hearing for Appropriation from Highway Equipment Reserve for a 2019 Pickup Truck

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:       Ayes:    4

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Lonneville – Aye

Supervisor Deming – Aye

The following resolution was adopted

WHEREAS, the Town of Marion desires to purchase a new pickup truck; now

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 August 12, 2019 @ 6:30 pm at the Marion Municipal Room for the purpose of authorizing the appropriation of an amount not to exceed $41000.90 for a new 2019 pickup truck from VanBortel Ford; and

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

Resolution #71719 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

ADOPTED:    Ayes:    4          Fisher, Smith, Lonneville, Deming

Nays:   0

The following resolution was adopted

INTERMUNICIPAL AGREEMENT

Between the

Marion Central School District and Town of Marion

for Tax Collection Services

 This agreement (“Agreement”) for tax collection services is made as of __________, 2019, between the Marion Central School District, with offices located at 4034 Warner Road, Marion, NY 14505 (hereinafter the “School District”) and Town of Marion, with offices located at 3823 North Main Street, Marion, NY 14505 (hereinafter the “Town”).

RECITALS

             WHEREAS, the School District wishes to have the Town provide tax collection services to the School District for the 2019-2020 fiscal year; and

WHEREAS, the Town agrees to provide the tax collection services to the School District for the 2019-2020 fiscal year pursuant to the terms of this Agreement; and

           WHEREAS, the Parties are authorized to enter into cooperative agreements pursuant to Article 5(G) of the General Municipal Law of the State of New York to cooperatively exercise their respective powers; and

NOW, THEREFORE, In consideration of the mutual covenants and promises of the parties, the School District and the Town agree as follows:

  1. Purpose.

             The Town and the School District enter into this Agreement in an effort to be

more efficient and cost effective for their respective taxpayers.

      2.Term of Agreement.

This Agreement is valid for the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2019 – June 30, 2020 (the “Term”).

  1. The Town’s Duties.

The Town shall perform the following duties in connection with the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2019 – June 30, 2020:

  1. Receive tax payments from residents and third-party entities (mortgage holders);
  2. Report tax payments to Wayne County through Munis;
  3. Turn over tax payments with a daily summary report to School District’s appointed tax collector.

(collectively “Tax Collection Services”)

  1. The School District’s Duties.

The School District will pay the Town Two Thousand Two Hundred Dollars ($2,200) for Tax Collection Services upon completion of the responsibilities described in Section 3 herein.  The School District shall also perform the following duties:

  1. Develop and Mail Tax Bills;
  2. Retrieve tax payments from Town;
  3. Reconcile to Town’s summary report;
  4. Make deposits to School District Bank account.
  5. Compliance with Law.

The Town and School District agree to comply in all respects with the Real Property Tax Law, Town Law, Education Law and all other applicable law governing the Tax Collection Services.

  1. Mutual Indemnification.

 

            Each party (for purposes of this Paragraph, the party of the first part shall be referred to as the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party (for purposes of this Paragraph, the party of the second part shall be referred to as the “Indemnified Party”) from and against: (a) any and all liability arising out of the Indemnifying Party’s failure to comply with the terms of this Agreement, and any injury, loss, claims, or damages arising from the negligent operations, acts, or omissions of the Indemnifying Party relating to or arising out of such party’s performance of its obligations under this Agreement; and (b) any and all costs and expenses, including reasonable legal expenses, incurred by or on behalf of the Indemnified Party in connection with the defense of such claims.  Notwithstanding the foregoing, no party shall be liable to any other party hereunder for any claim covered by insurance, except to the extent of any deductible and to the extent that the liability of such party exceeds the amount of such insurance coverage.

  1. Miscellaneous Provisions.

7.1.      Assignment.  Neither party may assign this Agreement or any of its rights or obligations hereunder.

7.2.      Modification.  This Agreement may be amended only in writing agreed to and signed by the Parties.

7.3.      Counterparts.  This Agreement may be executed in one or more counterparts

each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

7.4.      Warranties.    By entering into this Agreement, each party warrants and represents to the other that this Agreement is within its lawful powers, that this Agreement has been approved by its governing board in compliance with all applicable laws and procedures, that all approvals necessary for its execution, delivery and performance by such party have been obtained, that no litigation is pending or to its knowledge threatened regarding its execution, delivery or performance of this Agreement and that this Agreement is lawful and binding upon it in accordance with its terms.

7.5.      Governing Law and Venue.   This Agreement shall be governed by and construed in accordance with the laws of the State of New York.  Monroe Town, New York, shall be the venue of any action or proceeding arising from or related to this agreement.

7.6.      HeadingsParagraph headings have been provided for convenience of reference only and shall not control, affect the meaning or be used in the interpretation of any provisions of this Agreement.

7.7.      Severability.  If any provision of this Agreement or the application thereof to any person or circumstances, is adjudged invalid by a court of competent jurisdiction, the Commissioner of Education or other administrative agency, such judgment or ruling shall not affect or impair the validity of the other provisions of the Agreement or the application thereof to other persons and circumstances.

  1. Complete Agreement.

The Parties agree that this document represents the full, final and complete Agreement in this matter.

  1. Board Approval.

The Agreement is subject to approval by each party’s respective board.  The Agreement shall be effective on the date of execution by both parties set forth below, upon which date the Town’s reimbursement obligations under this Agreement shall commence.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written.

MARION CENTRAL SCHOOL DISTRICT

By:  ______________________________                Date:  ________________________

 

Its:  _______________________________

TOWN OF MARION

By:  ______________________________                Date:  ________________________

 

Its:  _______________________________

Resolution #71819 Authorize 2019 Subsidiary Transfer

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:    Ayes:    4          Fisher, Smith, Lonneville, Deming

Nays:   0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves the following 2019 subsidiary transfer:

Account#                     Description

From

80204.01.000.016      Seminars/Education                                         270.00

To

85104.01.000.000      Community Beautification                                                                270.00

From

80104.01.000.011      ZBA Supplies                                                          26.48

To

80101.01.000.011      Code Officer Supplies                                                                         26.48

From

80104.01.000.012      ZBA Equipment Repairs                                    280.99

To

80101.01.000.012     Code Officer Equipment                                                                   280.99

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 #71919 Payment of Claims

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:    Ayes:    4          Fisher, Smith, Lonneville, Deming

Nays:   0

The following resolution was adopted

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                                                 $1900.00

Highway                                                     $0.00

Library                                                        $0.00

Sewer                                                          $0.00

Water                                                          $0.00

Street Lighting                                            $0.00

Trust & Agency                                          $0.00

Drainage                                                     $0.00

Total                                                 $1900.00    

The Marion Town Board went into Executive Session at 7:05pm on a motion from Councilman Lonneville and seconded by Councilwoman Fisher to discuss Union Contracts, Medical/Financial for a specific employee and Possible Litigation.

With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Smith, Supervisor Deming closed the meeting at 8:15pm.

Next meetings are scheduled for:

Meeting:                  Monday, August 12, 2019 @ 6:30pm

Meeting:                  Monday, August 26, 2019 @ 6:30pm           

 

_________________________________________

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