TOWN BOARD Meeting Notes

Marion Town Park

Monday, July 27, 2020

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

Monday, July 27, 2020 at the Marion Town Park.

Supervisor Bender called the meeting to order at 6:36pm.  This meeting was conducted using social distancing at the Marion Town Park due to the COVID-19 social distancing restrictions.

PRESENT:         Debbie Smith, Councilwoman

Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Jolene Bender, Supervisor

ABSENT:

OTHERS IN ATTENDANCE: Jeff Cragg, Marion Wastewater Treatment Plant Chief operator; John Lonnevlle; Dave Vinke; Wayne County Sheriff Barry Virts, NYS Police Captain, Barry Chase; Kerry Sargent

Supervisor Bender asked for a roll call.  Supervisor Bender asked everyone who could stand to please do so and recite the pledge of allegiance to the American flag.  Supervisor Bender next welcomed everyone to the meeting.

 

Town Business:

  1. Proclamation Law Enforcement – Jolene Bender
  2. Town Clerk Hours – Heidi Levan
  3. Website – Heidi Levan
  4. Speed – Ridge Chapel Road & Arbor Road – Heidi Levan
  5. Update Mill Street and Maple Ave – Ron Lonneville
  6. Accounting Agreement Library – Deborah Smith
  7. Budget Meeting Schedule
  8. Town Park use

Supervisor Bender started the meeting by asking the Clerk of the Board to read the public hearing notice to amend the Code of the Town of Marion Local Law 1-2020 Chapter 245-3A – Subdivisions, 245-14C – Lots, 245-15 – Improvements.  After reading the notice stating the meeting should be held on August 10th, Supervisor Bender ended the discussion.

Supervisor Bender next asked Wayne County Sheriff Virts and New York State Police Captain, Barry Chase to step forward.  Supervisor Bender read the proclamation written by the Marion Town Board (see below) stating the Town of Marion supports Law Enforcement and are grateful for the protection and service they provide.  Everyone in attendance clapped and thanked both officers.

Supervisor Bender next read a Citation that was delivered to the Town of Marion to be presented to Wayne County Sheriff, Barry Virts and New York State Police Captain, Barry Chase.  This citation was given from Senator Pamela Helming and Assemblyman Brian Manktelow. After both presentations, each Officer spoke.  They were both grateful, on behalf of their fellow officers for the honor they received.

Councilman Lonneville spoke next regarding the Mill Street project.  This project is coming along nicely.  The last retaining wall will be completed this week.  Handicap stamp for walkways are still needed.  Councilman Lonneville will speak to Hynes Contracting about the remaining sidewalk sections that need to be completed.

Wastewater Treatment Plant Chief Operator, Jeff Cragg stated that the well was drilled on the WWTP in Marion however, USGS is unable to use the well.  USGS will contact the Marion American Legion in hopes of using their well.

Councilwoman Fisher spoke next regarding the use of the Marion Town Park.  It is with great regret that the Marion Town Board decided not to allow the Pioneer Gas Engine Association to use the Town Park in September for their annual event which had been moved from July.  This is due to the CDC recommendations regarding COVID-19.

Councilwoman Smith spoke next.  The Marion Public Library officially opened back up today.  It was a soft opening and it was not busy.  Changes to the library include no in library seating, no play area for children, no donations are being accepted, no interlibrary loans from other libraries.  The library is limited to 8 people at a time in the building.  People may use the computer but with a 30-minute limit.   The library is still offering online services.

Correspondence – None

Citizens Comments:

Kerry Sargent, Board member of the Marion Public Library spoke about the 2020 Marion Library Budget.  She would like the Town Board to pass a resolution moving Kathy Cauwels from the Library Payroll line to a Contractual Line.

David Vinke from the Marion Planning Board spoke regarding the upcoming changes to the Town of Marion Code.  A representative from the Marion Planning Board will attend the August 10th Town Board meeting to answer any questions residents might have during the public hearing.

Public Hearing:

  1. Amend the Code of the Town of Marion Local Law 1-2020 – 6:30 PM — Scheduled for 8/10/2020

Resolutions:

  1. Amend the Code of the Town of Marion Local Law 1-2020
  2. Authorize Acceptance of Engineer Revised Report for Regional Water System Improvement Area
  3. Proclamation Law Enforcement
  4. Adopt Insufficient Funds Policy
  5. Extend Lease Agreement with WCWSA for Water Storage Tank
  6. Retention and Disposition Schedule for NY Local Government Records
  7. Authorize Town Board to Sign Library Accounting Services Contact

Resolution #7072020 Amend the Code of the Town of Marion Local Law 1-2020 Chapter 245-3A – Subdivisions, 245-14C – Lots, 245-15 – Improvements

Tabled –  This public hearing is set for August 10th not July 27th.

WHEREAS, the Marion Town Board duly held a public hearing on July 27th, 2020 @ 6:30 pm for the purpose of

amending the Code of the Town of Marion; and

BE IT RESOLVED, that the Marion Town Board amends the Code of the Town of Marion to include Chapter 245-3A – Subdivisions, 245-14C – Lots, and 245-15 – Improvements: and

BE IT FURTHER the Code of the Town of Marion be Amended as follows:

1.Subdivisions – All subdivisions are required to be submitted to the Planning Board for approval. Regarding the ratio of road frontage to depth, including flag lots, we do not feel that it should be governed strictly within the Ordinance, but the Planning Board should advise the developers as a strong recommendation.

2. Parcel Shape – We understand that the intent is to prevent the creation of parcels that are oddly-shaped for the convenience of the developer in order get the maximum number of parcels carved out of a property. However, we would like it to be a recommendation rather than part of the Ordinance.

  1. Driveways – The articles addressing width, grades, surface, and turning radius should all be strongly recommended by the Planning Board upon their review of the subdivision. However, if the applicant chooses to not adhere to the Board’s advice, he/she should be made aware of the concern that failure to comply could result in the inability of emergency vehicles to have proper access and egress on the applicant’s property.  More simply put, if a fire truck or ambulance needed to assist in an emergency, they might not be able to do so.  The last item about sight distance should become part of the Ordinance.

EFFECTIVE DATE

This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

Resolution #7082020 Resolution Accepting Engineer’s Revised Report for Regional Water System Improvement Area

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, the Town of Marion (the “Town”) is considering creating a Water System Improvement Area under Article 12-C of the Town Law (the “Improvement Area”), for the purpose of providing enhanced water supply, water storage, fire protection, redundancy and resiliency; and

WHEREAS, the Improvement Area be part of a joint project (the “Joint Water Project”) with the Towns of Arcadia, Huron, Lyons, Marion, Sodus and Williamson(“Participating Municipalities”) together with the Wayne County Water and Sewer Authority (“WCWSA”), and include regional water storage tank improvements, with related pump station and transmission system improvements to meet the collective needs of the Participating Municipalities; and

WHEREAS, the Participating Municipalities and WCWSA executed a Regional Water Storage System Improvements and Services Agreement with attachments last dated January 22, 2020, which describes the Joint Water Project and which is available for review at the Marion Town Hall; and

WHEREAS, MRB Group, Engineering Architecture & Surveying, P.C. (“MRB Group”) were hired to prepare a Map, Plan and Report (“Report”), including surveying and mapping, for the Joint Water Project; and

WHEREAS, MRB Group and has prepared the Report, entitled Wayne County Water and Sewer Authority Regional Storage Project, dated July, 2020 which shows the boundaries of the proposed Improvement Area, includes a general plan of the water system improvements, explains the proposed method of operation, and has been certified by David M. Doyle, P.E., a competent engineer duly licensed by the State of New York; and

WHEREAS, the Report has been reviewed by the Attorney for the Town and the Town Board and found satisfactory;

NOW, THEREFORE, IT IS RESOLVED, that the Report is accepted, and shall be filed by the Town Clerk, pursuant to Town Law §209-c.

Resolution #7092020 Proclamation Law Enforcement

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

The Town of Marion has always been proud of law enforcement officers for their unwavering dedication to service for our community.  We express our unending gratitude to our law enforcement officers particularly this year, given the challenges they encounter daily and would like to publicly salute the service of law enforcement officers in our community and in communities across the nation.

Now, THEREFORE, The Town Board of Marion, New York, do hereby recognize and thank the Wayne County Sheriff’s Department and the New York State Police for their faithful and loyal devotion to our community and encourage all of our residents and business owners to join us in showing their support. This proclamation to be presented to the members of the Police Departments:

NOW, THEREFORE, I, Jolene Bender, do hereby recognize the Wayne County Sheriff’s Department and the New York State Police

On this 27th Day of July 2020.

Resolution #7102020 Adopt Insufficient Funds Policy

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

BE IT RESOLVED, that the Marion Town Board formally adopts the Insufficient Funds Policy as stated below and;

BE IT FURTHER RESOLVED, that the Marion Town Board directs the clerk of the board to give a copy of this policy to all Town of Marion employees and ask the Clerk of the Board to file policy in the Town of Marion Policy Handbook.

Town of Marion

Insufficient Funds Policy

FOR ALL RETURNED CHECKS DUE TO INSUFFICIENT FUNDS:

Statutory Authorization.  The Town officials collecting money from persons within the Town of Marion may hereby charge a fee for any check returned, in accordance with New York General Municipal Law § 85

  • Once the Town of Marion has been notified of a returned check (insufficient funds), the following will take place.
  • A letter will be mailed to the customer stating that their check has been returned for insufficient funds. The customer will have 15 days to make good on their check.
  • The Town of Marion has the right to require repayment to be made by cash, money order or bank certified check for any further transactions.
  • A $20 bounced check fee will be charged for all checks returned by a financial institution.
  • The $20 fee for any returned check may be waived by the Town Clerk for those persons who can prove that it was through no fault of their own that the check was returned.
  • If the $20 fee is not paid, this fee will be re-levied onto the upcoming Town & County tax bill.

If payment is not received within 15 days, a second attempt will be made with a certified mail return receipt letter mailed to the customer.

Payment will need to be made within 10 days.  If payment is not received, The Town of Marion reserves the right to address this issue legally with a small claims case.

Resolution #7112020 Extended Lease Agreement with WCWSA for Water Storage Tank

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 RESOVLED, that the Marion Town Board authorized Supervisor Jolene Bender to sign the Addendum #3 to amended and restated lease agreement between the Town of Marion and the Wayne County Water Sewer Authority and;

BE IT FURTHER RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of the signed agreement to the Wayne County Water Sewer Authority;  Kathy Cauwels, Principal Account Clerk, and for the Clerk of the Board to file a copy of the agreement for Town records.

ADDENDUM NO. 3

to

AMENDED AND RESTATED LEASE AGREEMENT

between the

WAYNE COUNTY WATER AND SEWER AUTHORITY

and the

TOWN OF MARION

                This Addendum No. 3 is entered into effective as of January 1, 2020, by and between the Wayne County Water And Sewer Authority, a public benefit corporation (the “Authority”), and the Board of the Town of Marion, a municipal corporation with its principal offices located at 3823 North Main Street, Marion, New York 14505, on its own behalf and on behalf of Water District No. 1 and all other existing and future water districts, extensions and improvement areas (the “Town”).

 Recitals

WHEREAS, the Town and the Authority previously entered into an Amended And Restated Lease Agreement, together with Addendum No. 1 thereto, each effective as of May 1, 2014, (collectively, the “Lease”) pursuant to which the Authority assumed direct, primary responsibility for the operation and maintenance of the water systems within the Town of Marion and specified municipal facilities within the Town of Sodus (collectively, the “Marion Service Area”) as more particularly described in said Addendum No. 1, including procuring water for and distributing the water to retail customers in the Marion Service Area, which Lease was further amended by Lease Addendum No. 2, effective as of January 1, 2018; and

WHEREAS, the term of the Lease, as amended, currently expires on April 30, 2038, subject to automatic renewal for one (1) additional twenty (20) year term in accordance with the terms of the Lease; and

WHEREAS, the parties desire to extend the term of the Lease through December 31, 2040, subject to such automatic renewal provisions.

NOW, THEREFORE, it is hereby mutually agreed as follows:

  1. Extension of Lease Term. The term of the Lease is hereby extended through December 31, 2040, subject to automatic renewal for one (1) additional twenty (20) year term in accordance with the terms of the Lease.
  2. Remaining Provisions Unchanged. Except as expressly modified herein, all of the other terms, covenants and conditions set forth in the Lease, as amended by Lease Addendum No.1 and Lease Addendum No. 2,  shall remain unchanged and in full force and effect.
  3. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
WAYNE COUNTY WATER AND SEWER AUTHORITY

And all other existing and water districts, extensions, and improvement areas within the Town

IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. 3 with the intent that it be effective on the day and year first above written.

TOWN OF MARION, on it’s own behalf and on behalf of Water District No.1.

 

 

 

 

 

 

By:_____________________________                              By:____________________________

Martin J. Aman, Executive Director                                       Jolene Bender, Supervisor

Resolution #7122020 Retention and Disposition Schedule for NY Local Government Records

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, By the Town Board of The Town of Marion that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

BE IT FURTHER RESOLVED, that in accordance with Article 57-A:

(a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein;

(b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.

 

Resolution #7132020 Authorize Town Board to Sign Library Accounting Services Contract

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 accepts the agreement with the Marion Public Library for Accounting Services for the 2020 business year; and

BE IT RESOLVED, that the Town Board directs the Clerk of the Board to give a copy of the signed contact to the Marion Library Director, Tracy Whitney; and Principal Account Clerk, Kathy Cauwels.

Resolution #7142020 Authorize Public Hearing for a Local Law Entitled “Real Property Tax Levy Limit”

On a motion by Councilman Lonneville 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 the Clerk of the Board to advertise in the legal newspaper for the Town of Marion as follows:

The Marion Town Board will hold a Public Hearing on August 10, 2020, @ 6:30 PM, at the Marion Town Park, for a proposed Local Law #2 – 2020 regarding the “Real Property Tax Levy Limit” as follows:

Local Law #1 – 2020 “Real Property Tax Levy Limit”

Section 1.  Legislative Intent

It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Marion pursuant to General Municipal Law §3-c, and to allow the Town of Marion to adopt a budget for the fiscal year 2021 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 2021 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

Resolution #7152020  Amend 2020 Town of Marion – Public Library Budget

On a motion by Councilman Lonneville 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 amends the 2020 budget as follows;

Decrease 74101.05.0.153 Operations/Personal Services – Principal Account Clerk $3,075.00

Increase 74104.05.0.236  Contractual – Accounting Services

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk and the Marion Public Library Director, Tracy Whitney

Resolution #7162020  Use of Town Park for Marion Events Committee

On a motion by Councilman Lonneville 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 the Marion Events Organization to use the Marion Town Park for Music in the Park; and

BE IT RESOLVED, that the Marion Events Organization may use the Town Park open air pavilion at no charge August 6,13,20 & 27th 2020; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Account/Audit Clerk and the Marion Event Organization.

With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Fisher, Supervisor Bender closed the meeting at 7:36pm.

Next meetings are scheduled for:

Meeting:                           Monday, August 10, 2020 @ 6:30pm

Meeting/Workshop:             Monday, August 24, 2020 @ 6:30pm

_____________________________________________

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