TOWN BOARD Meeting Notes

Marion Municipal Room

Monday, November 9, 2020

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

Monday, November 9, 2020 at the Marion Municipal Room.

Supervisor Bender called the meeting to order at 6:30pm.  This meeting was conducted using social distancing at the Marion Municipal Room and via Zoom.com (online video conferencing) due to the COVID-19 pandemic.

PRESENT:         Deborah Smith, Councilwoman

Joan Fisher, Councilwoman

Ronald Lonneville, Councilman

Jolene Bender, Supervisor

ABSENT:          LaVerne Bliek, Councilman

OTHERS IN ATTENDANCE: Caryn Devlin, Town of Marion Historian; Jeff Cragg, Marion Wastewater Treatment Plant Chief Operator; Duane Smeatin, Code Enforcement Officer; Tim Boerman, Highway Department Superintendent; Matt Hosbach; Ivan Moctequma; Tyler Coperus

Attendance via Zoom:  Caroline Grasso, Times of Wayne County; Mack Brewington; Violet Bourgeois; Francisco Cordova.

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 and was especially happy to see Marion High School students in attendance.

Town Business: 

Supervisor Bender stated that the Marion Planning Board will be changing their meeting schedule starting in January 2021 to the 1st Tuesday and 3rd Monday each month.  They will also be changing the number of members, a resolution with that information will be presented at this meeting.

Supervisor Bender thanked the Marion Highway Department for planting trees at the Marion Town Park and Marion Museum.   Supervisor Bender also thanked all Town employees who helped by watering the new trees.

Councilman Lonneville stated that the Marion Events Organization’s, Christmas Market has been cancelled.  The Marion Events Organization will, however, be hosting a window decorating contest.  The contest is open to both businesses and residents.  Prizes will be awarded to both businesses and residents.

Councilman Lonneville next stated that he had delivered a ‘Welcome to Marion’ packet to the new owners of the former Masonic Lodge located next to the Marion Elementary School.  The new owners are happy to be in Marion and look forward to hosting events.

Supervisor Bender stated the she has received positive comments from Wayne County employees regarding the new historical marker that was placed on Buffalo Street.

Citizens Comments:     None

 Committee Reports:

Supervisor Bender:  Town Clerk

Town Clerk, Heidi Levan spoke and gave a Town Clerk report.  The Town Clerk’s office is now done collecting school tax payments and water/sewer payments for the year.  Ms. Levan next talked about the need for a laptop that can be used at Town Board meetings.  The Town Board agreed, and Ms. Levan will look into purchasing a laptop in the new future.  Ms. Levan next spoke about purebred dog licenses.  Marion is one of the few towns in Wayne County that still offer Purebred licenses.  Ms. Levan has asked the Town Board to consider eliminating this type of license starting in 2021.  The Town Board asked to have a resolution at the December Town Board meeting to remove this from the Town of Marion Fee Schedule.  Ms. Levan spoke next regarding sewer payments.  For most of 2020, the Town of Marion did not charge late fees, due to the COVID-19 pandemic on sewer payments.  After a discussion among Town Board members and Marion Chief Wastewater Treatment Operator, Jeff Cragg, Marion will begin charging late fees again in 2021.

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

Councilman Bliek was not at the meeting to give a report.  Highway Superintendent, Tim Boerman was at the meeting and gave his own report.  The Highway Department has been busy getting Town Trucks and plows ready for the upcoming winter season.  There are currently 2 trucks with plows installed and ready to go.  The other trucks can be ready in just a few minutes time if snow were to come soon.

The Marion Highway Department helped the Williamson Highway Department with some paving during the month of October.  They also finished mowing the roadsides and Town Park.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher wanted to thank the Marion Highway Department for planting trees at the Marion Town Park.  The trees look wonderful.

Councilwoman Fisher stated that the Marion Recreation Department will not be having any Fall/Winter sports.  This is due to COVID-19.  Councilwoman Fisher did state that she would like to discuss hiring a Baseball Coordinator at the December meeting.

Councilwoman Fisher spoke next regarding the Marion Assessor.  Marion Assessor, Dawn VanPatten has been very busy answering questions regarding the NYS STAR Program.

Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith spoke about the Marion Public Library.  The library partnered with the Marion Elementary School for National Library Card Sign Up Month which was held in September.  This brought in many new library users to the Marion Public Library.  Library Director, Tracy Whitney received an ‘Owlie’ award from the Pioneer Library System for “Perfect System Meeting Attendance” via Zoom for 2020.

Councilwoman Smith stated next that the Marion Town Court heard 29 cases in the month of October.

Councilwoman Smith has been speaking to NYS regarding funding for abandoned cemeteries.  Once she receives more information, she will share this with the Town Board.

Councilman Lonneville:  Historian, Zoning & Planning.

Councilman Lonneville started by thanking Duane Smeatin, Jeff Cragg, Steve Taber and Hadley Fab Weld for the new handrails at Jennie’s House (Town Museum).  Councilman Lonneville also thanked Nutrien for the use of their trailer to deliver the handrails from Hadley’s to Jennie’s House.

Councilman Lonneville thanked the Marion Highway Department for patching the driveway at Jennie’s House around the new handicap accessible ramp.  Councilman Lonneville also stated Grandpa’s Nursery  hopes to finish the stone wall and pavers around Jennie’s House this year depending on material delivery.

Correspondence:

  1. Water Rate Changes
  2. Force Main Project

Public Hearing

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 October 2020
  2. a. Operating Statement November 2020
  3. Money Market October 2020
  4. Trial Balance October 2020
  5. Marion Fire District October 2020
  6. Assessor                                                                                                October 2020
  7. Code Officer October 2020
  8. Library October 2020
  9. Dog Control Not Available October 2020
  10. Court:   Bonafede                                                                         October 2020

Court:   Bender                                                                             October 2020

  1. Historian Not Available

Resolutions:

  1. Approve October13th and October 26th Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for November 9th, 2020
  3. Authorize Supervisor to solicit quote from the Bonadino Group for an audit of the Town books
  4. Authorize Town Board to Set Public Hearing Local Law #3-2020 Planning Board – Members
  5. Amend Resolution #8032020 the Code of the Town of Marion Local Law #1-2020 Chapter 245-3A – Subdivisions, 245-14C – Lots, 245-15 – Improvements
  6. Payment of Claims

 Resolution #11012020 Approve October 13th and October 26th Town Board Meeting Minutes

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED that the Marion Town Board approves the October 13th and October 26th Town Board meeting minutes.

Resolution #11022020 Receive and File all Correspondence/Reports for November 9th, 2020

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:  Ayes:  4 Smith, Lonneville, 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 November 9th , 2020.

Resolution #11032020 Authorize Supervisor to Solicit Quote from the Bonadino Group for an External Audit of the Town Books

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor solicit a quote for an external audit from the Bonadino Group; 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 #11042020 Authorize Town Board to Set Public Hearing Local Law #3-2020 Planning Board

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED:       Long Roll:

Councilman Bliek –  Absent

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  4

Abstained:  0

Nayes:  0

WHEREAS,

308-34 Marion Planning Board

  1. Creation, appointment, and organization

(1) The Planning Board is established by the Marion Town Board and shall consist of seven (7) members appointed for terms as follows: one shall hold office for the term of one (1) year, one for the term of two (2) years, one for the term of three (3) years, one for the term of four (4) years, one for the term of five (5) years, one for the term of six (6) year, one for the term of seven (7) years.

Upon expiration of the term of each member, his/her reappointment or the appointment of his/her successor shall be for the term of seven years.  If a vacancy shall occur, other than the expiration of the term, it shall be filled by the Town Board by appointment for the unexpired term.  The Planning Board shall appoint a secretary and shall prescribe rules for the conduct of its affairs.

BE IT RESOLVED, the Marion Town Board would like to amend 308-34 to the following:

(1) The Planning Board is established by the Marion Town Board and shall consist of five (5) members appointed for terms as follows: one shall hold office for the term of one (1) year, one for the term of two (2) years, one for the term of three (3) years, one for the term of four (4) years, one for the term of five (5) years.

Upon expiration of the term of each member, his/her reappointment or the appointment of his/her successor shall be for the term of seven (7) years.  If a vacancy shall occur, other than the expiration of the term, it shall be filled by the Town Board by appointment for the unexpired term.  The Planning Board shall appoint a secretary and shall prescribe rules for the conduct of its affairs.

BE IT RESOLVED, that the Town Board directs the Clerk of the Board to give a copy of this resolution to Angela Patterson, Duane Smeatin and the Principal Account Clerk

Resolution #11052020 Amend Resolution #8032020  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 Lonneville and seconded by Councilwoman Smith

ADOPTED:       Long Roll:

Councilman Bliek – Absent

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  4

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.

 

  1. 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.

To include:

SUBDIVISIONS:

All subdivisions shall be submitted to the Marion Planning Board for approval.

Lot road frontage to depth ration shall not exceed 1:4.  In the ease of flag lots, the ratio shall be applied separately to the “flag” and the “pole” portions of the lot, in addition to minimum road footage.

PARCEL SHAPE:

Must have at least 4 sides and shall not exceed six sides, and no angle of less than 45* shall be created by the subdivision

DRIVEWAYS:

Over 150’ long, driveways shall be minimum 20 feet wide.  Less than 150’ long, width shall be 12 feet.  Grade not to exceed 10%.  14% grade is acceptable for problem areas not to exceed 100’.

HYDRANTS:

Every 600’ of driveway length will require a municipal water hydrant.

Any additional concersn refer to appendix B of the International Fire Code.

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 #11062020 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED:  Ayes:  4 Smith, Lonneville, 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                                                 69415.37

Highway                                                83406.14

Library                                                   12835.78

Water                                                        137.08

Sewer                                                    20887.32

Street Lighting                                       11520.86

Drainage                                                  1181.05

NW Quadrant                                        30410.00

NE Quadrant                                           8960.00

NW Phase II                                           44555.00

NW Phase III                                         27840.94

Ext #2 to Water #1                                16627.50

NE Quadrant III                                     26357.50

Ext #1 to NE #1                                     24612.50

SE Water                                               48084.38

Trust & Agency                                              0.00

Total                                                   $426831.42

With no further business, on a motion by Councilwoman Fisher and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 7:21pm.

Next meetings are scheduled for:

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

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

_____________________________________________

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