TOWN BOARD Meeting Notes

Marion Municipal Room

Monday, March 9, 2020

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

Monday, March 9, 2020 in the Marion Municipal Room.

Supervisor Bender called the meeting to order at 6:34pm.

PRESENT:         Debbie Smith, Councilwoman

Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Jolene Bender, Supervisor

Ronald Lonneville, Councilman

ABSENT:

OTHERS IN ATTENDANCE: Tim Boerman, Highway Superintendent; Duane Smeatin, Code Enforcement Officer; Caryn Devlin, Town Historian; John Lonneville; Marcia Lonneville; Marissa Knorr; Sarah Lange; A. Arrowood; Caroline Grasso, reporter for the Times of Wayne County.

The meeting started at 6:34pm.  Supervisor Bender asked for a roll call and asked everyone to stand for the Pledge of Allegiance.  Supervisor Bender welcomed the Marion High School students in attendance.

Town Business: 

Supervisor Bender and Councilman Lonneville spoke first regarding the Mill Street project.  The project had an estimated budget of $61,680 in 2019 however the 2020 budget is closer to $48,751 leaving extra funds available to replace sidewalks.  Most sidewalk replaced will be 4’.  Councilwoman Fisher asked if this would affect trees in the area and the answer was no.

Councilman Lonneville stated that if money was left in the CDBG funds, he would like to see these funds used to replace sidewalks from Main Street to the Marion Library.

Councilwoman Smith spoke next regarding a E-waste drop off collection.  Councilwoman Smith would like to schedule this event to take place on Saturday, May 16th at the Marion Highway Department from 9am until 1pm.  Councilwoman Smith and Councilwoman Fisher will coordinate this event.  The cost to drop off a television will be $10.  This will be collected to offset the price of the collection.

Councilwoman Fisher spoke next regarding a Spring 2020 Town of Marion newsletter.  Coucilwoman Fisher would like each department to write something for this newsletter with the hopes of having it in the mail by early April.

At 7:15pm, Supervisor Bender opened a public hearing.  Supervisor Bender asked Town Clerk, Heidi Levan to read the public hearing notice.

Legal Notice, Town of Marion, Notice of Public Hearing, Highway Reserve.

Notice is hereby given that the Marion Town Board will meet and hold a public hearing for the purpose of authorizing the appropriation from the Highway Equipment Reserve for new heaters and garage doors.  Further notice is hereby given that the public hearing will be held on Monday, March 9, 2020 at 6:30pm at the Marion Municipal Building, 3827 North Main Street at which time all persons will be heard in favor or against any items therein contained.

Supervisor Bender then asked three times if anyone in the room had questions or concerns, with no one coming forward, the public hearing was closed at 7:16pm on a motion from Councilman Lonneville and seconded by Councilwoman Smith.

Citizens Comments:

Resident John Lonneville spoke regarding his concerns for the speed limit on Smith Road.  There is a curve to the road between Jagger Road and Lyon Road.  Mr. Lonneville would like to see the speed limit reduced.  Mr. Lonneville will make a formal request to the Town Board at the next Town Board Meeting.

Committee Reports:

Supervisor Bender:  Town Clerk

Supervisor Bender stated that the Town Clerk’s office has been very busy collecting taxes.

Councilman Bliek: Deputy Supervisor, Highway, Drainage, Water, Sewer

Coucilman Bliek stated there are no water or sewer updates.  Councilman Bliek asked Tim Boerman to speak next regarding the Highway Department.  Highway Superintendent Tim Boerman stated that the Marion Highway Department plowed 28 times in February.  The Highway Department has also been busy cleaning trucks, making repairs, as well as hauling salt and sand.   Mr. Boerman also stated that there is no water currently at the Town Park.  Mr. Boerman will contact the Wayne County Water Sewer Authority for repairs.

Councilman Lonneville:  Historian, Zoning & Planning

Councilman Lonnville reported what work still needs to be done on Jennie’s House in order for the museum to open.  Councilman Lonnville also stated that there are still forms coming in from New York State for the Restore New York grant that need to be completed.  Town of Marion Principal Account Clerk, Kathy Cauwels has been on top of this process and doing an excellent job.

 Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith stated the Marion Town Courts heard 36 cases in February.  The Court also received new carpet and seating through a grant from New York State.    Councilwoman Smith spoke next regarding the Marion Public Library.  Library Director Tracy Whitney and staff member Linda Booth attended a Youth Mental Health Training. The Library has increased both programs and circulation in 2019.  Director Tracy Whitney and Library Board member Nancy Brown attended Library Advocacy Day in Albany in February.  Councilwoman Smith mentioned that the Marion Cemetery is meeting on March 19th and she will be attending long with Councilman Bliek.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher stated that 50% of the picnic tables at the Town Park have been updated by the Marion Boy Scouts.  The scouts, under supervision of Scout leader, Tim Hollahan have been doing a great job.  Councilwoman Fisher also stated that Baseball sign ups have been off to a great start.  Councilwoman Fisher also stated that Marion Assessor, Dawn VanPatten has been very and doing a wonderful job.

 Town Business: 

  1. Update Mill Street Project
  2. Food Truck – Vendor Permit
  3. E-Waste

Citizens Comments:

Correspondence:

Public Hearings

6:30 – Authorize Appropriation from highway building reserve to replace garage doors and heaters

2020 Committee Reports:                    Chair                                      co-chair

Town Clerk                                          Jolene Bender                          Joan Fisher

Deputy Supervisor                              LaVerne Bliek

Water, Sewer                                      LaVerne Bliek                          Jolene Bender

Public Safety, Judicial, Library            Deborah Smith                        Joan Fisher

Parks, Recreation                                Joan Fisher                              Deborah Smith

Assessor                                                  Joan Fisher                               Deborah Smith

Historian, Zoning, Planning                 Ronald Lonneville                   Jolene Bender

Highway, Drainage                             LaVerne Bliek                          Ronald Lonneville

Cemetery                                                Deborah Smith                          LaVerne Bliek

Reports:

  1. Town Clerk February 2020
  2. a. Operating Statement February 2020
  3. Money Market February 2020
  4. Trial Balance February 2020
  5. Marion Fire District             February 2020
  6. Assessor                                                                                               February 2020
  7. Code Officer February 2020
  8. Library February 2020
  9. Dog Control February 2020
  10. a. Bonafede February 2020
  11. Bender February 2020
  12. Jennies House

Resolutions:

  1. Approve February 10th and February 24th 2020 Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for March 9th, 2020
  3. Authorize Appropriation from Highway Building Reserve to Replace Garage Doors
  4. Authorize Appropriation from Highway Building Reserve to 2 Heaters
  5. Audit 2019 Code Enforcement Officer Books
  6. Local Law #1 2020 Prohibiting Use of Tobacco & E-Cigarettes upon Real Property Owned or Leased by the Town of Marion
  7. Accept Proposal by Bovet Lawn Garden & Landscaping Services for 2020
  8. Authorize Town Clerk to Attend 2020 NYS Association of Towns Tax Receivers and Collectors Conference June 14-17, 2020
  9. Authorize Hiring Temporary Part Time Second Deputy Town Clerk
  10. Accept Resignation of Carrie Gorton as Recreation Director
  11. Authorize Appoint Member to Board of Assessment Review
  12. Authorize Re-Appoint Member to Board of Assessment Review
  13. Amend Resolution #2152020 Payment of Claims
  14. Approve Cyber Liability Insurance Policy
  15. Payment of Claims

 Resolution #3012020 Approve February 10th and February 24th 2020 Town Board Meeting Minutes

 On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves the February 10th  and February 24th 2020, Town Board meeting minutes.

Resolution #3022020 Receive and File all Correspondence/Reports for March 9th, 2020

 On a motion by Councilwoman Smith and seconded by Councilman Bliek

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

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 March 9th, 2020.

Resolution #3032020 Authorize Appropriation from Highway Building Reserve to Replace Garage Doors 

On a motion by Councilman Bliek and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

WHEREAS, the Marion Town Board duly held a public hearing on March 9, 2020 @ 6:30 pm for the purpose of authorizing an appropriation from Highway  Building  Reserve 230.01; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Upstate Garage Doors and authorizes the appropriation from 230.01 in an amount not to exceed $ 13,045 to replace 5 garage doors; and

BE IT RESOLVED, that the Marion Town Board amends the 2020 budget as follows:

Account #                                            Description                                          Debit                           Credit

Replace 5 Garage Doors

51324.01.000.042                               $13,045

230.01                                                                         $13,045

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 #3042020 Authorize Appropriation from Highway Building Reserve to Replace Heaters in the Highway Barn 

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

WHEREAS, the Marion Town Board duly held a public hearing on March 9, 2020 @ 6:30 pm for the purpose of authorizing an appropriation from Highway Building  Reserve 230.01; and

BE IT RESOLVED, that the Marion Town Board awards the bid to John Cornell and authorizes the appropriation from 230.01 in an amount not to exceed $ 5425.00 to replace 2 heaters; and

BE IT RESOLVED, that the Marion Town Board amends the 2020 budget as follows:

Account #                                            Description                                          Debit                           Credit

Install 2 Heaters Highway Barn

51324.01.000.042                               $5425.00

230.01                                                                         $5425.00

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 #3052020 Audit 2019 Code Enforcement Officer Books

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

The resolution was tabled until March 23, 2020 meeting.

WHEREAS, Code Enforcement Officer, Duane Smeatin presented 2019 Town of Marion Code Enforcement Transaction book; and

BE IT RESOLVED, the Town Board audited such books; and

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

Resolution #3062020 Authorize Public Hearing for Local Law #1 2020 Prohibiting Use of Tobacco & E-Cigarettes Upon Real Property Owned or Leased by the Town of Marion

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

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

Nays:  0

The following resolution was adopted

Notice of Public Hearing for:

Town of Marion

WAYNE COUNTY
 ADOPTION OF LOCAL LAW PROHIBITING USE OF TOBACCO AND E-CIGARETTES UPON REAL PROPERTY OWNED OR LEASED BY THE TOWN OF MARION, WITHIN TOWN OWNED VEHICLES OR PRIVATELY OWNED VEHICLES USED FOR A TOWN OF MARION PURPOSE, AND WITHIN 25 FEET OF THE ENTRYWAYS OF TOWN BUILDINGS

WHEREAS, a proposed local law prohibiting use of tobacco upon real property owned or leased by The Town of  Marion; and

WHEREAS, a public hearing on the proposed local law is scheduled to be held on Monday, April 13, 2020 at 6:30 p.m. in the Marion Municipal Building located at 3827 North Main Street, Marion, NY 14505; and

WHEREAS, The Marion Town Board authorizes the Clerk of the Board to post the legal notice in the official Town Newspaper; and

WHEREAS, a copy of this resolution be given to the Clerk of the Board and the Principal Account Clerk.

COUNTY OF WAYNE – STATE OF NEW YORK
Town of Marion
LOCAL LAW NO. 01 FOR THE YEAR 2020

 A local law prohibiting use of tobacco upon real property owned or leased by The Town of Marion.

BE IT ENACTED BY THE MARION TOWN BOARD AS FOLLOWS:

SECTION 1: TITLE

This law shall be known as the “Local Law Prohibiting Use of Tobacco and E-Cigarettes upon Real Property Owned or Leased by The Town of Marion, within town owned vehicles or privately owned vehicles used for a Town of Marion purpose, and within 25 feet of the entryways of town buildings.

SECTION 2: DECLARATION OF INTENT

The Marion Town Board finds that:

  • Tobacco use on real property owned or leased by the Town of Marion should be prohibited in order to:
    1. Protect the public health, safety and general welfare by eliminating exposure to secondhand tobacco smoke and tobacco residue;
    2. Acknowledge the need of nonsmokers, especially children, to breathe smoke-free air; recognizing the danger to public health which secondhand smoke causes including increasing the risk of exposed individuals of heart disease, cancer, emphysema, stroke chronic bronchitis, and asthma;
    3. Recognize that the need to breathe air free of the disease-causing toxins in secondhand smoke should have priority over the desire and convenience of smoking on real property owned or leased by the Town of Marion;
    4. Recognize the right and benefit to municipal residents and visitors to be free from unwelcome secondhand smoke and tobacco residue while on real property owned or leased by the Town of Marion;
    5. Encourage the cessation of tobacco use by all persons, to promote longevity and reduce disease and its cost to society;

And further finds that:

E-cigarette use should be prohibited on Town of Marion owned or leased property because:

  1. Preliminary studies of e-cigarettes demonstrate that many brands contain toxic chemicals and carcinogens;
  2. Most E-cigarettes contain nicotine which is a highly addictive and known neurotoxin. Moreover, the extremely high level of nicotine in some brands could place users at risk of overdosing and young children at risk of accidental poisoning;
  3. The long-term health effects of e-cigarette use are currently unknown as are the effects on health of “secondhand’ e-cigarette vapor inhalation. Preliminary studies, however, suggest that the vapor may negatively affect the lungs and pulmonary system of users and individuals exposed to emitted
  4. E-cigarettes are not currently regulated by the Food and Drug Administration and are not approved as a smoking cessation device. E-Cigarettes, which are often available in a variety of flavor such as cherry, bubblegum, chocolate and vanilla, may encourage the use of these devices by adolescents and others not inclined to use traditional tobacco products and ultimately lead them into a lifetime of nicotine addiction;
  5. When consumed in public places where traditional tobacco products are banned, the use of e-cigarettes causes fear, stress, and confusion among patrons and workers alike. E-cigarettes also seriously  compromise the county’s current public health laws governing indoor smoking bans and create an enforcement “nightmare” by forcing officials to distinguish between e-cigarettes and traditional nicotine delivery
  6. E-cigarettes have been reported to “explode” while being charged and even while being used causing property damage due to fire and personal
SECTION 3. DEFINITIONS

As used in this Local Law

  1. “use of tobacco” or “tobacco use” shall mean the burning of a lighted cigar, cigarette, pipe, or any other matter of substance which contains tobacco, and chewing, holding in the mouth, and/or expectorating of chewing tobacco, or any other matter of substance which contains tobacco;
  2. “E-cigarette” shall mean any electronic device composed of a mouthpiece, heating element, battery, and electronic circuit that provide a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes, or under any other product name;
  3. “smoking” shall mean to inhale or exhale the smoke or vapor of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke producing product or device including pipes as well as e-cigarettes.
SECTION 4. PROHIBITION

Tobacco and E-Cigarette use shall be prohibited:

  1. Upon all real property owned or leased by the Town of Marion;
  2. Within all Town of Marion-owned vehicles or within private vehicles when being used for a Town of Marion purpose except that a driver may smoke in a privately-owned vehicle being used for a Town of Marion purpose if the driver is sole occupant of the vehicle; and
  3. Within 25feet of the entryways of all Town of Marion-owned or leased buildings located within the Town of Marion, except as provided in Section 5 of this Local
SECTION 5. EXCEPTIONS

The provisions of this Local Law shall not apply to:

  1. A privately owned motor vehicle located on county property, not engaged in county service, and only when said vehicle’s doors and windows are completely closed;
  2. Roadways and rights of way located within the Town of Marion road system established under Section 115 of the New York State
  3. Public Parklands and/or historic sites enumerated in 9 NYCRR 386.1 located within the Town of Marion, except that the provisions of this Local Law will apply to prevent smoking inside of Park Pavilions and other structures located within the Town of Marion
SECTION 6. POSTING OF SIGNS

“NO SMOKING” signs, using international symbols (where possible) shall be prominently and conspicuously posted upon the entrance to all real property where smoking is regulated by this Local Law. Said signs shall be protected from tampering, damage, removal or concealment.

SECTION 7. VIOLATIONS AND PENALTIES
  1. Smoking shall be unlawful in any area where smoking is prohibited by the provisions of this Local
  2. Any person who violates any provision of this Local Law shall be guilty of a violation, punishable by a civil penalty not to exceed two hundred $200.00 for a first offense nor to exceed one thousand ($1,000.00) for a second or subsequent
  3. Each violation of this Local Law shall constitute a separate and distinct
SECTION 8. ENFORCEMENT
  1. For the purpose of this Local Law the term “enforcement officer” shall mean any “police officer” as the term is defined by section 1.20 subsection (34) of the Criminal Procedure Law when said officer is acting pursuant to his or her official duties. If the enforcement officer determines that a violation of this chapter occurred, such enforcement officer may prepare, file and serve an appearance ticket in conformance with the New York State Criminal Procedure Law. Said appearance ticket shall be returnable in the Local Justice Court in and for the Town of Marion in which the violation is alleged to have occurred. If the Local Justice Court determines after a hearing that a violation of this Local Law has occurred, a penalty may be imposed by the Local Justice Court pursuant to Section 7 of this Local Law. Nothing herein shall be construed to prohibit an enforcement officer from commencing a proceeding for injunctive relief to compel compliance with this Local
  2. The decision of the Local Justice Court shall be reviewable pursuant to applicable law. A defendant charged with a violation of any provision of this local law may plead guilty to the charge in open court. He or she may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement (a) that he or she waives arraignment in open court and the aid of counsel, (b)
  3. that he or she pleads guilty to the offense charged, (c) that he or she elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he or she desires to make concerning the  offense  charged,  and  (e)  that  he or  she makes  all  statements  under  penalty  of  Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until  such  fine  or  penalty  shall  have  been  paid  and  discharged  in  full.  If  upon  receipt  of  the  aforesaid statement the magistrate shall deny the same, he or she shall thereupon notify the defendant of this fact, and that he or she is required to appear before the said magistrate at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.
  4. The local justice court shall designate the Town of Marion as the official to whom payment of the imposed fine shall be remitted. Payments will be made to the Town of Marion Court Clerk.
  5. Any person who desires to register a complaint under this Local Law may do so with the Office of the Wayne County Sheriff.
SECTION 9: EFFECT ON OTHER LAWS

This Local Law shall not be interpreted nor construed to permit tobacco or e-cigarette use where it is otherwise restricted by other applicable laws, including but not limited to the Indoor Clean Air Act.

SECTION 10:  REVERSE PREEMPTION

This law shall be null and void on the day that Statewide or Federal legislation goes into effect, incorporating either the  same  or substantially similar provisions as  are contained  in this  law, or in the event that  a pertinent  State or Federal Administrative Agency issues and promulgates regulations preempting such action by the County of Wayne. The Town of Marion may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions in this section.

SECTION 11: SEVERABILITY

If any section, subsection, sentence, clause, phrase or other portion of this  Local  Law is for any reason declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidation shall not affect the validity of the remaining portions of this law, which shall remain in full force and effect.

SECTION 12:  INTERPRETATION

Nothing in this article shall be construed to create a cause of action by one person against another person for violation of any provision of this article.

SECTION 13: EFFECTIVE DATE

This Local Law shall take effect twenty (20) days after is shall finally have been adopted, pursuant to §27 of the Municipal Home Rule.

  1. that he or she pleads guilty to the offense charged, (c) that he or she elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he or she desires to make concerning the  offense  charged,  and  (e)  that  he or  she makes  all  statements  under  penalty  of  Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until  such  fine  or  penalty  shall  have  been  paid  and  discharged  in  full.  If  upon  receipt  of  the  aforesaid statement the magistrate shall deny the same, he or she shall thereupon notify the defendant of this fact, and that he or she is required to appear before the said magistrate at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.
  2. The local justice court shall designate the Wayne County Sheriff as the official to whom payment of the imposed fine shall be remitted except that the court may designate that up to 50% of the fine imposed be remitted to the court clerk of the town or village in which the court is located.
  3. Any person who desires to register a complaint under this Local Law may do so with the Office of the Wayne County Sheriff.
  4. The Wayne County Attorney on behalf of the Wayne County Sheriff and/or the Wayne County Board of Supervisors, subsequent to any appeal having been finally determined, may bring an action to recover the civil penalty provided in Section 7 of this Local Law.
SECTION 9: EFFECT ON OTHER LAWS

This Local Law shall not be interpreted nor construed to permit tobacco or e-cigarette use where it is otherwise restricted by other applicable laws, including but not limited to the Indoor Clean Air Act.

SECTION 10:  REVERSE PREEMPTION

This law shall be null and void on the day that Statewide or Federal legislation goes into effect, incorporating either the  same  or substantially similar provisions as  are contained  in this  law, or in the event that  a pertinent  State or Federal Administrative Agency issues and promulgates regulations preempting such action by the County of Wayne. The Board of Supervisors may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions in this section.

SECTION 11: SEVERABILITY

If any section, subsection, sentence, clause, phrase or other portion of this  Local  Law is for any reason declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidation shall not affect the validity of the remaining portions of this law, which shall remain in full force and effect.

SECTION 12:  INTERPRETATION

Nothing in this article shall be construed to create a cause of action by one person against another person for violation of any provision of this article.

SECTION 13: EFFECTIVE DATE

This Local Law shall take effect twenty (20) days after is shall finally have been adopted, pursuant to §27 of the Municipal Home Rule.

BE IT RESOLVED, that the Marion Town Board authorizes; 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 #3072020 Accept Proposal by Bovet Lawn Garden & Landscaping Services for 2020

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board accepts the proposal from Bovet Lawn Garden & Landscaping Service to include the following:

  1. Pruning and Clean-Up of 6 Bradford Pear trees on Main Street $475.00
  2. Repair, replace as needed brick/brick chips below trees $255.00
  3. Monthly clean-up of Town walks (blow off / spray round-up) $385.00
  4. Clean-up 2 “Marion planters” and 1 “Marion sign” $540.00

$1655.00

Not to exceed $1655.00 for 2020 to be expensed out of 85104.01.0.000; and

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

Resolution #3082020 Authorize Town Clerk to Attend 2020 Tax Collection Conference June 14 – 17, 2020

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

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

Nays:  0

The following resolution was adopted

WHEREAS, the NYS Association of Tax Receivers & Collectors Conference will be held in Ithaca, New York on June 14th, 15th, 16th and 17th 2020; now

BE IT RESOLVED, that the Marion Town Board authorizes Heidi Levan, Town Clerk, to attend above mentioned Tax Collection Conference; and

BE IT FURTHER RESOLVED, that the expenses incurred for registration, travel, lodging and meals will be paid by the Town of Marion and be appropriated from Account 14104.01.000.016 at a cost not to exceed the budgeted amount; and

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

RESOLUTION #3092020  AUTHORIZE HIRING TEMPORARY PART TIME SECOND DEPUTY TOWN CLERK

On a motion by Councilman Bliek and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

WHEREAS a need for a temporary part time second deputy town clerk is needed in the Town Clerk’s Office; and

WHEREAS, Heidi Levan, Town Clerk, has requested a temporary part time second deputy town clerk; now

BE IT RESOLVED, that the Marion Town Board approves the hiring of a, Kimberly Williams, temporary part time second town clerk, effective March 23, 2020 until May 16, 2020 at remuneration of $16 per hour up to 15 hours per week be appropriated from Account #14101.1.0.036; and

BE IT RESOLVED, that as the Town Clerk deems necessary, this temporary part time second deputy be allowed to work additional hours, not to exceed 34 hours per week to be appropriated from Account #14101.1.0.036; and

BE IT FURTHER 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 #3102020 Accept Resignation of Carrie Gorton Recreation Director

On a motion by Councilwoman Fisher and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

WHEREAS, Carrie Gorton has submitted her resignation as Recreation Director March 5, 2020; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Carrie Gorton effective March 31, 2020; and

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

Resolution #3112020 Authorize Appointment of Board of Assessment Review Member

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED:       Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes appointing Stephen Georgia

to the Board of Assessment Review for a term of 3/9/2020 – 9/30/2022; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Stephen Georgia, Bob Kase, Dawn VanPatten, Karen Ambroz and the Principal Account Clerk.

Resolution #3122020 Authorize Re-Appointment of Board of Assessment Review

On a motion by Councilwoman Smith and seconded by Councilman Lonneville

ADOPTED:       Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes re-appointing Sharlene Reynolds to the Board of Assessment Review for a 5 year term of 3/9/20 – 9/30/2024; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Bob Kase, Dawn VanPatten, Sharlene Reynolds, Karen Ambroz, and the Principal Account Clerk.

Resolution #3132020 Amend Resolution #2152020 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED:       Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Marion Town Board received the following claims; now

BE IT RESOLVED, that two vouchers were found to be duplicates;

Association of Towns $1,000

Regional Truck & Trailer $165.86

BE IT RESOLVED, that two vouchers were found to be omitted;

Lyons National Bank $306.14

Lyons National Bank $453.45

NOW BE IT RESOLVED Resolution #2152020 Payment of Claims be amended as follows;

                                                                     Original                                                  Corrected

Abstract                     

General                                                           14841.36                                                      14600.95

Highway                                                          75568.28                                                       75402.42

Library                                                               1441.10                                                         1441.10

Water                                                                  317.35                                                            317.35

Sewer                                                                4486.22                                                         4486.22

Street Lighting                                                      83.17                                                              83.17

Arbor Road SW2                                               2779.00                                                        2779.00

NE Quadrant Phase II                                      11531.00                                                       11531.00

Trust & Agency                                                  2511.53                                                        2511.53

Total                                                              113559.01                                                     113152.74                  

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 #3142020 Approve Cyber Liability Insurance Policy

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

WHEREAS, in this day and age cyber protection is needed; now

BE IT RESOLVED, that the Marion Town Board approves adding a Cyber Liability Insurance policy at a cost not to exceed $484 to be expended out of 19104.01.000.000; and

BE IT FURTHER 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 #3152020 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

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

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                                                 44132.49

Highway                                              123026.60

Library                                                     3844.70

Water                                                          14.00

Sewer                                                    43710.62

Street Lighting                                         1382.82

Trust & Agency                                        3570.17

Total                                                       $219681.40   

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith, Supervisor Bender recessed the meeting to go into executive session at 8:27pm to discuss employment history of a town employee.  The meeting was reconvened at 8:49pm.

With no further business, on a motion by Councilwoman Smith and seconded by Councilman Bliek, Supervisor Bender closed the meeting at 8:50pm.

Next meetings are scheduled for:

Meeting/Workshop:             Monday, March 23, 2020 @ 6:30pm

Meeting:                              Monday, April 13, 2020 @ 6:30pm

_____________________________________________

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