TOWN BOARD Meeting Notes

Marion Municipal Room

Monday, August 12, 2019

 

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

Monday, August 12, 2019 in the Marion Municipal Room.

 

PRESENT:         Nick Deming, Supervisor

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Debbie Smith, Councilwoman

LaVern Bliek, Councilman

ABSENT:

OTHERS IN ATTENDANCE:  Jeff Cragg, Wastewater Treatment Plant Operator; Caryn Devlin, Marion Historian; Perry Howland, Williamson Record & Sun newspaper; Tim Boerman, Marion Highway Superintendent; Marcia Lonneville; Lonnie Levan; Kelly & Casey Magee; Ann Taylor; Jody Bender; Mary & Steve Tack; Susan Taylor; Gail Miller; Edna McKay; Christina McCallan; Sharon Brooks; David Brown; Roger Hoffman; Kerry Sargent; James Miller; Jean Remein; Andrew Golia; Melissa Wood; Richard Wilson; Carl VanCamp; Jason Stevens; Patrick Sabellere; Walt Barth; Shirley Murphy; D. Vanderbrook; Joe & Dawn Black; Naomi Philkey; Mark Fuentes; Emily Dasson; Ashley Saunders; Jerry Foster; Alan & Ann Hadley; McKaigs; Cyndie & Dennis Venable; Becky Franke; Brandon Combs; Jack & Jean Lemmon; Janine Houser; Paul Buyck; Jonathan Sirkin; Eric Kelley.

Supervisor Deming called the meeting to order at 6:30pm and asked for a roll call.

Councilwoman Smith started the Pledge of Allegiance.

Town Business:

Supervisor Deming welcomed everyone in attendance and asked if there were any comments from the public at this time; there were none.

At 6:31pm, the first of three public hearings was started.  Public Hearing #1, Authorize Appropriation from Reserve to Purchase 2019 F-350 for Marion Highway Department was opened at 6:31pm.  Supervisor Deming asked anyone in attendance if they had concerns or comments regarding this purchase.  Supervisor Deming asked twice for comments and with no comments made, the public hearing was closed at 6:32pm.

At 6:45pm, the second of the three public hearings was started.  Public Hearing #2, Authorize Appropriation from Reserve to Replace Generator located at the Pump Station, 4154 East Williamson Road opened at 6:45pm.  Supervisor Deming asked anyone in attendance if they had concerns or comments regarding this purchase.  Supervisor Deming asked twice for comments and with no comments made, the public hearing was closed at 6:46pm.

At 7pm, the third and final public hearing of the night was held.  Public Hearing #3, Adopt Local Law #1-2019 entitled “Real Property Tax Levy Limit” was opened at 7pm.  Supervisor Deming asked anyone in attendance if they had concerns or comments regarding this purchase.  Perry Howland from the Williamson Record & Sun spoke up and asked if this local law had been passed in years past and if the Marion Town Board had gone over the Tax Cap in the past.  Supervisor Deming responded that yes, the Town of Marion had overridden the tax cap in 2018 for the 2019 budget, the Town budget did stay under the tax cap.  Many residents spoke up with concerns about the Town raising their taxes.  Supervisor Deming explained this local law was being passed “in case” the Town Board went over the tax cap, but they will again work very hard to stay under the tax cap for the 2020 budget.  Residents also were concerned about their assessment rates.  Supervisor Deming explained that the Town Board does not have anything to do with assessments.  This is done by the Town of Marion Assessor, Dawn VanPatten, her contact information can be found on the Town of Marion website at: www.townofmarionny.com.  Another suggestion was made to have Board Meeting agendas available on the town website, so people have an opportunity to know what is being discussed at the board meeting ahead of time.  Supervisor Deming will try and accommodate this request. Supervisor Deming did take time to explain the tax cap, the tax cap levy override and how the formula for the tax cap is calculated.  After answering questions and asking the public another two times if they had more questions or concerns, the public hearing was closed at  7:30pm.

Reports:

  1. Town Clerk July 2019
  2. a. Operating Statement August 2019
  3. Money Market
  4. Trial Balance/Balance Sheet July 2019
  5. Marion Fire District             July 2019
  6. Assessor                                                                                                July 2019
  7. Code Officer July 2019

 Resolutions:

  1. Approve July 8th, 15th and the 22nd 2019 Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for August 12, 2019
  3. Authorize Appropriation from Reserve to Purchase 2019 F-350
  4. Authorize Appropriation from Reserve to Replace Generator Located at the Pump Station, 4154 East Williamson Road
  5. Adopt Local Law #1-2019 Entitled “Real Property Tax Levy Limit”
  6. Authorize Highway Superintendent to attend Town Superintendents of Highways Conference
  7. Payment of Claims

Committee Reports:

 Supervisor Deming:  Water, Sewer, Town Clerk

Supervisor Deming asked the Town Clerk, Heidi Levan, for any updates. Ms. Levan reported that the Town Clerk’s Office has received many compliments regarding the Summer Recreation program. One family who is new to the program wanted to make sure the Town Board was aware of how wonderful the program has been, and that McKayla Gordon has been doing an amazing job.  Ms. Levan also reported that the Town Clerk’s Office received a thank you card from the Pioneer Gas Engine Association for the use of the Marion Town Park and the support of the Marion Town Board. Ms. Levan also reported that NYS Department of Environmental Conservation hunting license sales have begun for the 2019 hunting season.

Councilman Lonneville:  Deputy Supervisor, Historian, Zoning & Planning

Councilman Lonneville spoke about the LED street lighting project that the Town has been working on with Rochester Gas & Electric to replace the town’s current streetlights.  RG&E needs to know what bulb wattage we would like and whether the town wants soft or bright white lights.  Councilman Lonneville will go to look at other towns in the area who have recently converted their streetlights to LED to get a better idea of what the Town of Marion would like to have installed.

Councilman Lonneville wanted to thank Tim Boerman and the staff of the Marion Highway Department for hanging the new Fall Festival Sign across South Main Street near the Marion Museum, Jennie’s House.

Councilman Lonneville also stated that work continues at Jennie’s House.

Councilman Lonneville was happy to announce that the new pizza shop, Tolleson’s, will open on Monday, August 19, 2019.  Everyone is excited to have a new business on Main St.

Town Historian, Caryn Devlin spoke next and reminded everyone about the Marion Fall Festival which will take place on Saturday, September 7, 2019.

Councilwoman Smith:  Public Safety, Judicial, Library

Councilwoman Smith did not have anything to report; she was unable to get reports from the Marion Court or the Marion Library before the start of the meeting.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher talked about the comments that were made on social media regarding the restrooms at the Marion Town Park.  The indoor restrooms at the Town Park are made available to anyone who is renting Pavilion A.  All other renters for Pavilion B, C & D are asked to use the outdoor port-a-potties that are located at two locations within the Marion Town Park.  A situation arose regarding an elderly resident who was attending a party in Pavilion B and needed to use the restroom.  The elderly resident was unable to use the indoor restrooms and was physically unable to use the port-a-potty.  Councilwoman Fisher wanted to know the best solution for this situation going forward.  Should the indoor restrooms be made available to any renter?  Should the town consider hiring someone to clean the bathrooms every weekend the park is being rented?  Should pavilion rental fees increase for 2020 to help offset the cost of hiring a part-time cleaner?  Should handicap-accessible port-a-potties be made available at the Town Park?  A resident in attendance stated that the port-a-potties are not being cleaned at the Town Park.  The resident requested this problem be addressed.  Councilwoman Smith offered to call the vendor who the town rents from and ask for a cleaning schedule as well as pricing for a handicap-accessible unit.

Councilwoman Fisher also mentioned that one of the refrigerators in Pavilion A has stopped working.  The refrigerator has been removed.  Councilwoman Fisher wanted to thank Deputy Highway Superintendent, Steve Taber for removing the refrigerator from the kitchen.  The Town Board then had a discussion on if this refrigerator should be replaced now or in 2020.  A decision was made to replace it in 2020.  Councilman Bliek spoke up and requested at the end of the Town Park renter season, that the Town Park pavilion refrigerators be unplugged for the winter months.

Councilwoman Fisher spoke next regarding the Town Assessor, Dawn VanPatten.

The final assessment roll is now done and has been filed with the county.  The Town Assessor wanted to express her concern for some changes to the NYS STAR program.  She is afraid the changes may affect some senior citizens in the Town of Marion.  If anyone has a question regarding the NYS STAR program, please contact the Town Assessor, Dawn VanPatten.  Ms. VanPatten is available Mondays 10am – 6pm in the Marion Town Hall.

Councilman Bliek: Highway, Drainage

Councilman Bliek asked Highway Superintendent, Tim Boerman to speak next regarding updates to the Marion Highway Department.  Mr. Boerman first stood up and thanked everyone in the room for their support.  Mr. Boerman shared that he is back to work after receiving a double lung transplant in late 2018.  He is thankful to the Town for their support during his recovery.  Next Mr. Boerman stated that Highway Department has been busy fixing roads in Marion.  The Highway Department has been helping the Town of Williamson oil and stone some roads in Williamson.  Oil & stone on Marion roads will begin next week.  Wayne County Highway Department recently oiled and stoned North Main Street in Marion from Sunset Drive to Mill Street.

Councilman Bliek stated there will be a Drainage Committee meeting on Wednesday, August 28th at 3pm.

Resolution #8012019 Approve July  8th, 15th and 22nd 2019 Town Board Meeting Minutes

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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

Nays:   0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves the June 8th, 15th and 22nd 2019, Town Board meeting minutes.

Resolution #8022019 Receive and File all Correspondence/Reports for August 12th, 2019

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

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

Nays:   0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for August 12th, 2019.

Resolution #8032019 Authorize Appropriation from Reserve to Purchase 2019 F-350

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED:       Ayes:    5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Lonneville – Aye

Councilman Bliek – Aye

Supervisor Deming – Aye

The following resolution was adopted

WHEREAS, the Marion Town Board duly held a public hearing on August 12, 2019 @ 6:30 pm for the purpose of authorizing an appropriation from Highway Equipment Reserve 230.03 in an amount not to exceed $41000.90 for the purpose of purchasing a 2019 F-350; and

BE IT RESOLVED, that the Marion Town Board authorizes the appropriation from 230.03 in an amount not to exceed $41000.90 to purchase a 2019 F-350 from Van Bortel Ford; and

BE IT RESOLVED, that the Marion Town Board amends the 2019 budget as follows:

Account #                                            Description                                          Debit                           Credit

51302.03.000.133                               F-350 Pickup                                                                           41000.90

230.03                                                                                                             41000.90

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to the Timothy Boerman and the Principal Account Clerk

Resolution #8042019 Authorize Appropriation from Reserve to Replace Generator Located at the Pump Station, 4154 East Williamson Road

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Ayes:    5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Lonneville – Aye

Councilman Bliek – Aye

Supervisor Deming – Aye

The following resolution was adopted

WHEREAS, the Marion Town Board duly held a public hearing on August 12, 2019 @ 6:45 pm for the purpose of authorizing an appropriation from Sewer Equipment Repair Reserve 230.07 in an amount not to exceed $15662.69 for the purpose of replacing generator located at the pump station, 4145 East Williamson Road; and

BE IT RESOLVED, that the Marion Town Board authorizes the appropriation from 230.07 in an amount not to exceed $15662.69 to replace generator located at the pump station, 4145 East Williamson Road; and

BE IT RESOLVED, that the Marion Town Board awards the contract to Marlock Electric for the Generator, RG&E gas service installation and NTH Electric LLC to replace new conduit and wire to generator and amends the 2019 budget as follows:

Account #                                            Description                                          Debit                           Credit

81304.07.000.012                               Marlock – Generator                                                               $11843.26

230.07                                                                                                             $11843.26

 

81304.07.000.012                               RG&E – Gas Service                                                              $2619.43

230.07                                                                                                             $2619.43

 

81304.07.000.012                               NTH Electric LLC                                                                  $1200.00

230.07                                                                                                             $1200.00

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

Resolution #8052019 Adopt Local Law #1-2019 Entitled “Real Property Tax Levy Limit”

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED:       Ayes:    5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Lonneville – Aye

Councilman Bliek – Aye

Supervisor Deming – Aye

The following resolution was adopted

WHEREAS, the Marion Town Board did duly hold a Public Hearing on August 12, 2019 @ 7:00 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for proposed Local Law #1-2019 regarding the “Real Property Tax Levy Limit”; now

BE IT RESOLVED, that the Marion Town Board hereby adopts Local Law #1- 2019 as follows:

Local Law #1- 2019 “Real Property Tax Levy Limit”

Section 1Legislative 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 2020 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 2020 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.

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to file the Local Law with the Secretary of the State and all applicable agencies.

Resolution #8062019 Authorize Highway Superintendent to Attend Annual New York State Association of Towns Superintendents of Highway Conference

 On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED:       Ayes:    5

Long Roll:        Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Councilman Lonneville – Aye

Councilman Bliek – Aye

Supervisor Deming – Aye

The following resolution was adopted

 BE IT RESOLVED, that the Marion Town Board authorizes Timothy Boerman, Highway Superintendent, to attend the 90th Annual New York State Association of Superintendents of Highways Conference and Education Symposium to be conducted at the Villa Roma, Callicoon New York 12723 Tuesday September 17 through Friday September 20, 2019, and;

BE IT RESOLVED, that expenses incurred for registration, travel, lodging and meals be paid by the Town of Marion from Account #50104.01.000.016 at a cost not to exceed budgeted amount, and;

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

Resolution #8072019 Payment of Claims

On a motion by Councilwoman Smith and seconded by Councilman Lonneville

ADOPTED:    Ayes:    5          Fisher, Smith, Lonneville, Bliek, 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                                                 26556.78

Highway                                                23920.83

Library                                                     1473.07

Water                                                        641.17

Sewer                                                    12776.75

Trust & Agency                                           2941.99

Total                                                      $68310.99

 Prepay Abstract 6/20/19                    

General                                                     518.38

Library                                                         70.03

Sewer                                                          17.97

Total                                                          $606.38

  The Marion Town Board went into Executive Session at 7:35pm on a motion from Councilman Lonneville and seconded by Councilwoman Fisher to discuss Union Contracts and Medical/Financial for a specific employee.

The Marion Town Board went back into regular session at 7:48pm and asked the public to step back inside.

With no further business, on a motion by Councilman Lonneville and seconded by Councilman Bliek, Supervisor Deming closed the meeting at 7:52pm.

Next meetings are scheduled for:

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

Meeting:                  Monday, September 9, 2019 @ 6:30pm       

 

_________________________________________

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