TOWN BOARD Meeting Notes

Marion Town Park

Monday, August 10, 2020

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

Monday, August 10, 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: Caryn Devlin, Town of Marion Historian;  Caroline Grasso, Times of Wayne County newspaper; Jeff Cragg, Marion Wastewater Treatment Plant Chief operator; Fred Walker; Dave Vinke; Duane Smeatin, Code Enforcement Officer; David Rosen; Casey & Kelly Magee; Carl VanCamp; Tom Randall; Shirley Murphy; Mike Cramer.

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: 

Supervisor Bender asked the clerk of the board to read the legal notice regarding the first of two-public hearings, the hearing opened at 6:31pm.  The first public hearing was to Amend the Code of the Town of Marion Local Law #1-2020 Chapter 245-3A Subdivisions; 245-14C Lots; and 245-15 Improvements.  David Vinke from the Planning board explained that the reason for the new law is to clarify subdivisions within the Town of Marion.  After asking multiple times for questions, the public hearing was closed at 6:35pm on a motion from Councilwoman Smith and seconded by Councilwoman Fisher.

Supervisor Bender asked the clerk of the board to read the legal notice regarding the second public hearing.  The public hearing opened at 6:39pm.  This public hearing was for local law #2-2020, Real Property Tax Levy Limit.  Supervisor Bender read a document that was created by the staff at the Marion Town Hall titled ‘Understanding the NYS Tax Cap in regard to the Town of Marion’.  Supervisor Bender stated it was not the intent of the Marion Town Board to raise taxes or to exceed the 2% tax cap levy limit, however, it was to have the ability to go over the tax cap without incurring a penalty from the State of New York.  Several residents asked questions which town board members were able to answer.  One of the questions asked was when will the Town of Marion have a re-evaluation of property assessments.  Supervisor Bender and Councilwoman Fisher both stated that this will not take place until 2023.  Another question asked was does overriding the tax cap levy in the Town of Marion allow the county portion of the tax bill to also go over the tax cap.  The answer to that question was no.  This local law only affects the tax cap for the Town of Marion.  After answering questions from attendees, the public hearing was closed at 7:03pm on a motion from Councilman Lonneville and seconded by Councilwoman Smith.

Councilman Lonneville stated that the Wayne County Highway Department project that made many improvements to Mill Street in Marion are now complete.  The Marion Highway Department will install handicap stamps to the sidewalk on Maple Ave in the next weeks.

Councilman Lonneville wanted to publicly thank, Kathy Cauwels, Town of Marion Principal Account Clerk for her help for completing the Restore NY Grant that allowed Tom Salvisky to restore the store fronts on Main Street.  Kathy worked very long hours to ensure Tom received his funding from the State of New York.

Supervisor Bender stated again that the staff within the Marion Town Hall needs to have backup staff in case coverage is needed for a specific area.  The Town Court has written a letter to the Town Board regarding this issue.  The Town Board will discuss back ups at the August 24. 2020 workshop.

Supervisor Bender wanted to take a moment to thank Councilwoman Joan Fisher for her hard work cleaning up the flower beds at the Marion Town Park.  They look beautiful again.

Supervisor Bender reminded everyone in attendance about the importance of completing their 2020 Federal Government Census.  Supervisor Bender would like everyone in Marion and Wayne County to complete their census.  This is important for state and federal funding in the future.

Councilwoman Smith talked about the E-Waste electronic recycling that will be taking place in the Town of Marion on Saturday, September 19, 2020 from 9am – 1pm at the Marion Highway Department.  There will be a small fee charged for a variety of electronic items.  Only Marion residents will be able to participate.  Proof of residence will be required.

Committee Reports:

Supervisor Bender:  Town Clerk

Supervisor Bender asked Heidi Levan, Town Clerk for a report.  Ms. Levan stated that the Town Clerk’s office was undergoing some construction to lower the window in the Town Clerk’s Office.  Hopefully construction will be done by the beginning of September.  Ms. Levan also reported that DEC Hunting licenses went on sale today.

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

Councilman Bliek stated that work has begun on the new regional water storage tank that is being constructed in Sodus but will benefit the Town of Marion residents.  The regional Wastewater Treatment facility will begin work in 2021.  Both of these projects will affect taxes for some residents in Marion.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher wanted to thank Tim Boerman, Highway Superintendent, for addressing the bee problem at the Marion Town Park.  Councilwoman Fisher stated again that there is no summer recreation program this year.  Councilwoman Fisher also stated that it is most likely that recreational basketball and volleyball will be cancelled for 2021 due to COVID-19.

Councilwoman Fisher shared that Town of Marion Assessor, Dawn VanPatten has been very busy with adding the new Water Storage Tank debt charges to property tax bills.

Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith stated that the Marion Town Court Justices have asked that the Town of Marion hire a part time Deputy Court Clerk. According to the Justices, there is enough money in their 2020 budget to hire someone.  The Town Board will discuss this at their Monday, August 24, 2020 worksho.  Councilwoman Smith also stated that the Marion Town Court is open again. Masks and social distancing is required.

Councilwoman Smith stated that the Marion Library is back open regular hours.

Councilman Lonneville:  Historian, Zoning & Planning.

Councilman Lonneville stated that Code Enforcement Officer, Duane Smeatin has been busy getting the forms ready to install ramps at the Town Museum (Jennie’s House).

Councilman Lonneville asked Town Historian, Caryn Devlin if she had anything to report to the Town Board.  Ms. Devlin stated she has given a report to the Town Board and if they had questions or concerns, please let her know.

Citizens Comments:

Resident, Kasey Magee came forward to complain about the new sidewalk on Mill Street.  Mr. Magee feels that the new sidewalk is causing the fire equipment to bottom out on coming and in and out of the fire hall on the Mill Street driveway.  Mr. Magee stated that the fire trucks will only exit and enter at the Maple Avenue driveway which may in turn impede response times for fire calls.  Councilman Lonneville stated he will contact the Wayne County Highway Department to address this situation.  This is the first time the Town Board has received this information.

Correspondence:

Public Hearing

  1. Local Law 1-2020 Amend the Code of the Town of Marion – 6:30 PM
  2. Local Law 2-2020 Entitled “Real Property Tax Levy Limit – 6:30 PM

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 July 2020
  2. a. Operating Statement August 2020
  3. Money Market July 2020
  4. Trial Balance July 2020
  5. Marion Fire District July 2020
  6. Assessor                                                                                                July 2020
  7. Code Officer July 2020
  8. Library July 2020
  9. Dog Control Not Available July 2020
  10. a. Bonafede July 2020
  11. Bender July 2020
  12. Historian April – July 2020

Resolutions:

  1. Approve July 13th, July 20th and 27th Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for August 10th, 2020
  3. Adopt Local Law #1- 2020 Amend the Code of the Town of Marion
  4. Adopt Local Law #2-2020 Entitled “Real Property Tax Levy Limit”
  5. Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection
  6. Appoint Lucas Keith, MD as Health Officer
  7. Regional Water Storage Negative Declaration SEQR
  8. Payment of Claims

 Resolution #8012020 Approve July 13th, July 20th and 27th Town Board Meeting Minutes

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

BE IT RESOLVED that the Marion Town Board approves the July 13th, July 20th and 27th Town Board meeting minutes.

Resolution #8022020 Receive and File all Correspondence/Reports for August 10th, 2020

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

BE IT RESOLVED that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for August 10th, 2020.

Resolution #8032020 Amend the Code of the Town of Marion Local Law #1-2020 Chapter 245-3A – Subdivisions, 245-14C – Lots, 245-15 – Improvements

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

WHEREAS, the Marion Town Board duly held a public hearing on August 10th, 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:

Current Town of Marion  Code:  245-3 – Subdivision

 General – The division of any lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development and shall include re-subdivision; provided, however, that the public acquisition by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to these regulations.  Notwithstanding the above, however, any parcel which is divided so as to create lots, each of which is at least five acres in area, has at least 250 feet of frontage, and can contain a circle 250 feet in diameter, shall not be considered a subdivision for the purpose of these regulations.

Proposed Town of Marion Code: 245-3 – Subdivision

 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.

3.  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 #8042020 Adopt Local Law #2-2020 Entitled “Real Property Tax Levy Limit”

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

WHEREAS, the Marion Town Board did duly hold a Public Hearing on August 10, 2020 @ 6:30 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for proposed Local Law #2-2020 regarding the “Real Property Tax Levy Limit”; now

BE IT RESOLVED, that the Marion Town Board hereby adopts Local Law #2- 2020 as follows:

Local Law #2- 2020 “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 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 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 #8052020 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection

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

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 August 10th, 2020, 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 2020-2021 fiscal year; and

WHEREAS, the Town agrees to provide the tax collection services to the School District for the 2020-2021 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.

 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, 2020 – June 30, 2021 (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, 2020 – June 30, 2021:

  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:

  • Develop and Mail Tax Bills;
  • Retrieve tax payments from Town;
  • Reconcile to Town’s summary report;
  • Make deposits to School District Bank account.

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.

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 #8062020 Appoint Lucas Keith, MD as Health Officer

 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

 WHEREAS, the Marion Town Board may appoint Lucas Keith, MD to fill the vacancy of the Health Officer; now

BE IT RESOLVED that the Marion Town Board appoints Lucas Keith, MD, as Health Officer, effective August 10, 2020, and expiring August 10, 2024 at remuneration of $261.38 quarterly; and

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

Resolution #8072020 Regional Water Storage Declare Negative Declaration SEQR

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

At a Meeting of the Marion Town Board held on the 10th day of August 2020, at 6:30 pm, at the Town Park, 4072 Park Drive, in the Town of Marion, County of Wayne and State of New York.

STATE OF NEW YORK    COUNTY OF WAYNE

TOWN OF MARION            TOWN BOARD                

In the Matter of the Proposed Establishment                                                  RESOLUTION

of the Regional Water Storage Improvement Area

in the Town of Marion, Wayne County

____________________________________________

UPON MOTION OF ______________________, SECONDED BY COUNCILMEMBER ___________________, IT IS UNANIMOUSLY RESOLVED THAT:

            WHEREAS, the Town of Marion (the “Town”) has proposed to establish the Regional Water Storage Improvement Area (“Action”) pursuant to Article 12-C of the Town Law, and

WHEREAS, the Action will facilitate the implementation of a joint project (the “Regional Storage Project”) with the Towns of Arcadia, Huron, Lyons, Marion, Sodus and Williamson (“Participating Municipalities”) together with the Wayne County Water and Sewer Authority (“Authority”), for regional water storage tank improvements, with related pump station and transmission system improvements (“Improvements”), to meet the collective needs of the Participating Municipalities; and

WHEREAS, the nature and extent of the Improvements, as well as the map and boundaries of the Regional Water Storage Improvement Area, are detailed in the map, plan and report entitled Engineering Report for the Wayne County Regional Water and Sewer Authority Regional Storage Project dated July 2020 which was accepted by the Town on July 27, 2020; and

WHEREAS, with the Town’s consent, the Authority served as lead agency for the environmental review of the Regional Storage Project, conducted a coordinated review, and issued a Negative Declaration of environmental impacts on July 25, 2017, as set forth in Attachment A; and

ATTACHMENT “A” RESOLUTION ISSUING SEQR NEGATIVE DECLARATION 

for Regional Water Storage Tank Project

At a regular meeting of the Wayne County Water and Sewer Authority Board of Directors held at the Wayne County Water and Sewer Authority Headquarters on the 25th day of July, 2017 at 4:00 p.m. Prevailing Time:

The meeting was called to order by LaVerne Bliek, Chairman, and upon roll being called the following were

PRESENT:

LaVerne Bliek, Chairman Jean Johnson, Treasurer Robert Hutteman, Vice-Chairman David Scudder, Secretary Dan LaGasse, Member Rick Stevens, Member William Hammond, Member Martin J. Aman, Executive Director

Jason Monroe, Director of Operations Derek Ceratt, Executive Administrative Assistant

After due discussion and deliberation, Mr. Stevens moved; Mr. Scudder seconded and all members present unanimously approved the following resolution:

WHEREAS, in accordance with the New York State Environmental Quality Review regulations (SEQR), the Wayne County Water and Sewer Authority Board of Directors announced its intent to serve as Lead Agency on May 23, 2017, to conduct an environmental review of a project to construct a regional water tank and public water distribution improvements in six towns in Wayne County (Towns of Williamson, Marion, Sodus, Arcadia, Lyons and Huron); and

WHEREAS, the Board of Directors has determined that the proposed action is a Type I action as defined under SEQR, as portions of the project are located in a Wayne County Agricultural District; and

WHEREAS, the Board of Directors, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above, and

WHEREAS, on June 15, 2017, the Board of Directors notified the involved and Interested Agencies of its intention to act as Lead Agency for this project and circulated Part 1 of the full Environmental Assessment Form. None of the Involved Agencies objected to the Wayne County Water and Sewer Authority Board of Directors serving as Lead Agency for this project. The Wayne County Water and Sewer Authority will obtain all necessary permits and approvals from Involved Agencies and will comply with agency requirements; and

WHEREAS, the Board of Directors has considered the Environmental Record prepared for this action, including any comments received from the Involved Agencies, and the proposed Negative Declaration;

NOW THEREFORE BE IT RESOLVED, the Board of Directors of the Wayne County Water and Sewer Authority declares that it will serve as Lead Agency for the water system improvements proposed in the Wayne County Regional Water Storage Tank Project; and FURTHER RESOLVED, the Board of Directors declares that, based on the Environmental Record which has been prepared, the project will not result in any large and important impacts, and therefore, will not have a significant adverse impact on the environment. A Negative Declaration under SEQR is therefore issued for this project, and the Executive Director is hereby authorized and directed to prepare and issue, on behalf of the Wayne County Water and Sewer Authority, the form entitled “Negative Declaration Notice of Determination of Non-Significance.”

I, the undersigned, Secretary of the Meeting of the Wayne County Water and Sewer Authority, hereby certify that the foregoing is a true and correct copy of a resolution duly adopted at a regular meeting of the Wayne County Water and Sewer Authority, at which a quorum was present, held in the Town of Walworth, County of Wayne and State of New York on the above date. I further certify that public notice of this meeting was given as required by law.

Demaris Verzulli, Secretary of the Meetin

Dated: July 25, 2017

 WHEREAS, following the addition of water main to the Regional Storage Project, the Authority conducted further environmental review and issued an Amended Negative Declaration for the Regional Storage Project on December 17, 2019, as set forth in Attachment B; and

ATTACHMENT “B” WAYNE COUNTY WATER & SEWER AUTHORITY REGIONAL WATER STORAGE TANK PROJECT 

SEQRA RESOLUTION – NEGATIVE DECLARATION AMENDMENT

At a regular meeting of the Wayne County Water & Sewer Authority (“WCWSA“) Board of Directors held at the Wayne County Water and Sewer Authority Headquarters on the 17th day of December, 2019:

The meeting was called to order by LaVerne Bliek, and upon roll being called the following were

PRESENT: Mark Humbert, Jean Johnson, Lori Furguson, Bill Hammond, Bob Hutteman, David Scudder, Dan LaGasse, Marty Aman, Jason Monroe, Peter DiBenedetto, Jessica Freling and David Doyle.

After due discussion and deliberation, David Scudder moved; Dan LaGasse seconded and all members present unanimously approved the following resolution:

WHEREAS,

1) The Board of Directors has previously determined that it would undertake the

construction of the Regional Water Storage Tank and related pumping and transmission improvements (the “Project”).

2) In 2017, the Board of Directors declared itself Lead Agency under the State

Environmental Quality Review Act (SEQRA) with respect to the environmental review of the Project, prepared a Full Environmental Assessment Form, and issued a Negative Declaration for the Project upon finding no significant adverse impact on the environment.

3) The Board of Directors updated the Project scope since then to encompass

approximately 8,500 linear feet of additional water main installation along Heidenreich Road near the proposed Regional Water Tank within the Town of Arcadia.

4) At the Board of Directors’ request, LaBella Associates, DPC reviewed the additional

project area in relation to the 2017 SEQRA documentation and provided updated findings, as described in the December 2019 Memo attached to this Resolution. Specifically, the updated Project was re-evaluated in order to analyze those environmental resources potentially affected by the passage of time, to meet changing standards or concerns identified in recent years by agencies with review responsibilities, and to update and confirm the SEQRA findings based on the additional scope items.

5) The Board of Directors has considered the Environmental Record prepared including

the proposed Negative Declaration Amendment.

NOW THEREFORE BE IT RESOLVED,

The WCWSA Board of Directors as Lead Agency hereby accepts the updated Environmental Assessment and accompanying December 2019 Memo submitted by LaBella Associates, DPC.

The Board of Directors hereby declares that, based on the above-referenced updated Environmental Assessment and Memo, the Project will not result in any large and important impacts, and therefore, will not have a significant adverse impact on the environment. An Amended Negative Declaration under SEQRA is therefore issued for the updated Project.

I, the undersigned, Secretary of the Meeting of the Wayne County Water And Sewer Authority, hereby certify that the foregoing resolution is a true and correct copy of a resolution duly adopted at a regular meeting of the Wayne County Water And Sewer Authority, at which a quorum was present, held in the Town of Walworth, County of Wayne and State of New York on the above date. I further certify that public notice of this meeting was given as required law.

DATED: December 19, 2019

Jessica Freling, Secretary of the Meeting

 WHEREAS, in accordance with the New York State Environmental Quality Review Act (“SEQRA”), and regulations adopted to implement SEQRA, the Town must undertake an environmental review of the establishment of the Regional Water Storage Improvement Area;

NOW, THEREFORE, IT IS RESOLVED the Town Board has determined that the proposed Action is a “Type I Action” as defined by SEQRA, and that the Town will act as lead agency pursuant to 6 N.Y.C.R.R. §617.6(b)(1); and it is further

RESOLVED, that the Town has caused a full environmental assessment form (“EAF”) for the Action to be prepared to evaluate the significance of potential environmental impact of the Action, which the Town Board hereby accepts; and it is further

RESOLVED that the Town Board has considered the proposed Action and its potential for environmental impacts; reviewed and considered the EAF, the criteria contained in 6 N.Y.C.R.R. §617.7(c), and other supporting information to identify the relevant areas of environmental concern; and thoroughly analyzed the identified relevant areas of environmental concern to determine if the Action may have a significant adverse impact on the environment, and makes the following findings:

 1.  The Action will result in a benefit to the environment, because the Regional Storage Project will help the Town address a public health and safety issue, and ensure that residents of the Town in water districts, as well as out-of-district users, have a reliable supply of good quality water by providing enhanced water supply, water storage, fire protection, redundancy and resiliency.

2.  The Action is necessary for the Town’s water supply planning.

  1. No potentially significant adverse environmental impacts have been identified.

NOW THEREFORE IT IS FURTHER RESOLVED that pursuant to SEQRA, the Town Board finds that the creation of the proposed Regional Water Storage Improvement Area pursuant to Article 12-C of the Town Law will not have a significant impact on the environment, so that a Negative Declaration shall be made and duly filed, and an environmental impact statement will not be required.

CERTIFICATION OF TOWN CLERK

STATE OF NEW YORK)

COUNTY OF WAYNE  ) s.s:

HEIDI M. LEVAN, Town Clerk of the Town of Marion, Wayne County, New York, DOES HEREBY CERTIFY that she has compared the above Resolution duly adopted by the Town Board of the Town of Marion on the 10h day of August, 2020 with the original Resolution now on file in her office, and she certifies that it is a correct and true copy of that Resolution.

Dated: August 10, 2020

______________________________________

HEIDI M. LEVAN, Marion Town Clerk

  Resolution #8082020 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                                                 19261.68

Highway                                                  8146.16

Library                                                     1357.47

Sewer                                                      3857.76

Street Lighting                                           257.66

Trust & Agency                                            93.60

Total                                                     $32974.33

With no further business, on a motion by Councilwoman Smith and seconded by Councilwoman Fisher, Supervisor Bender closed the meeting at 8:20pm.

Next meetings are scheduled for:

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

Meeting:                   Monday, September 14, 2020 @ 6:30pm

_____________________________________________

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