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1.9.2023 Town Board Meeting Minutes

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, January 9, 2023

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, January 9, 2023 at the Marion Municipal Room.

Supervisor Bender called the meeting to order at 6:30 pm with a roll call done by Heidi Levan, Clerk of the Board.

PRESENT:                     Jolene Bender, Supervisor

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Absent:

IN PERSON ATTENDANCE: Caryn Devlin; John Lonneville ; Trevor Bailey; Bill Norberg; Eric Remein.

Supervisor Bender asked everyone to stand and give the Pledge of Allegiance and then read the following statement:

If you are attending a Town Board Meeting and have not signed up for Public Participation Section of the Town Board Meeting pursuant to the rules which have been established (24 hours prior to start of meeting), then you will not be able to express your opinion. As a courtesy to those who attend the Board Meeting, you are requested not to interrupt the meeting, and refrain from conversation that would interfere with those attending being able to hear the Board transact its business. If in fact someone interferes with the meeting or the conversation with other spectators should require a warning and it is ignored, the person could be charged with Disorderly Conduct. For public hearings, speaking will be limited to topics on the agenda.

Town Business: 

Councilwoman Herman spoke in regard to the need of the Town of Marion to hire an Attorney for 2023.  After interviewing 4 different candidates, Councilwoman Herman is recommending David Fulvio.  Supervisor Bender, who also was part of the interviewing process agrees with Councilwoman Herman.  The Town Board all agreed, and a resolution will follow.  Supervisor Bender will call Mr. Fulvio.

Councilman Lonneville thanked Tim Boerman and the Highway Department for taking down the Christmas decorations as well as cleaning out the gutters at the Town Museum, Jennie’s House.

Councilman Lonneville next spoke regarding ongoing Town Projects.  Demolition has started in the girl’s bathroom at the Town Park. The main pavilion is currently having some remodeling done.  The microwave has been moved from the main room to the kitchen.  Walls are in the process of getting painted.  Councilman Lonneville would like to see signs outside of the main pavilion showing where the restrooms are located.

Councilman Lonneville spoke next about ARPA funds.  Drywall work is continuing at the Town Museum, Jennie’s House.

Citizens Comments:   Resident, Bill Norberg spoke in regard to dirt bike and pit bike activity that is happening on Daniel Drive.  There is no peace and quiet on Daniel Drive.  Adults are riding dirt bikes/pit bikes up and down the road.  These are adults without helmets, no registration on the bikes.  Activities range from wheelies, burn outs, revving of engines with open pipe exhaust systems.  They are confronting neighbors.  Mr. Norberg and other residents of Daniel Drive have called 911 to report the issue numerous times.  Nothing is being done by the police department.  Mr. Norberg is asking the Town Board to help with this issue.  Mr. Norberg asked “What is the vision for the Town of Marion?  People live in Marion but work out of town, we live here for the peace and quiet, there is NO peace and quiet, why should I want to live in Marion?”  Supervisor Bender offered to set up a meeting with Sheriff Milby to see what can be done to address this issue.  Mr. Remein and Mr. Bailey, who also live on Daniel Drive and attended tonight’s meeting stated that they agree with everything Mr. Norberg spoke about.  Mr. Norberg also submitted a complaint in the letter from another resident of Daniel Drive.

 2023 Committees:          Chair                                            co-chair

Deputy Supervisor         LaVerne Bliek

Town Clerk              Julie Herman                           Jolene Bender

Water, Sewer      Laverne Bliek                          Jolene Bender

Public Safety     Ronald Lonneville                    Michael Cramer

Judicial           Michael Cramer                      Julie Herman

Library     Julie Herman                           Michael Cramer

Parks, Recreation      Julie Herman                   Ronald Lonneville

Assessor        Jolene Bender          Ronald Lonneville

Historian             Ronald Lonneville                   LaVerne Bliek

Zoning, Planning       Jolene Bender                         Michael Cramer

Highway        LaVerne Bliek                          Michael Cramer

Drainage             Michael Cramer                      LaVerne Bliek

Cemetery               Michael Cramer                      Julie Herman

Code Officer              Michael Cramer                      Julie Herman

Correspondence:  None 

Committee Reports:

Supervisor Bender:  Assessor, Zoning, Planning

Supervisor Bender stated the Assessor, Dawn VanPatten is good and Clerk to the Assessor, Adrienne Compton likes her job.  Supervisor Bender also stated that the Zoning & Planning committees are very quiet.  Supervisor Bender stated she is on the Wayne County Board of Supervisors Agriculture board and a discussion regarding Solar energy has come up.  Supervisor Bender wants to ensure that the Town of Marion has a solar law.  Zoning Board member, John Lonneville spoke and stated that yes, the Town of Marion does have a zoning law for solar.  Supervisor Bender stated she will look into solar and cannabis zoning laws for the future.

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

Councilman Bliek stated that there is nothing new to report for Water.  Councilman Bliek did state that the new joint Wastewater Treatment plant should start a groundbreaking in March of 2023.  Councilman Bliek stated the Highway Department has been busy working on equipment during this mild winter.  Drainage work is being down at the Town Park.

 Councilman Lonneville:  Historian, Public Safety

Councilman Lonneville stated he is very concerned over the public safety of the old burnt out laundrymat on North Main Street.  Councilman Lonneville is hoping the new Town Attorney will start to work on this immediately.  Councilman Lonneville also stated, with the new information from resident, Bill Norberg, dirt bikes and pit bikes are also a public safety issue and needs to be addressed.  Councilman Lonneville asked Historian Caryn Devlin to give an update.  Ms. Devlin stated she is very proud to be a part of the Wayne County Bicentennial committee.  2023 is the Bicentennial for Wayne County and lots of different events are planned.

Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Town Clerk, Heidi Levan stated the Town Clerk’s Office is very busy collecting Town & County taxes.  Councilwoman Herman next stated there was nothing new to report in regard to the Marion Library.  Councilwoman Herman also stated that Baseball signups will start soon and a Soccer coordinator/night park supervisor is needed for the 2023 season, along with a new Summer recreation Director.

Councilman Cramer:  Drainage, Judicial, Cemetery, Code Enforcement

Councilman Cramer stated that Marion courts have been steady and are starting to get busy again.  Councilman Cramer asked if the county report from the Sheriff could be more detailed?  Supervisor Bender stated she would talk to Sheriff Milby to request this change.  Councilman Cramer next asked if the recently passed New York State composting law in regard to burying a body would affect the Town of Marion.  This is something we may need to look into when/if the Town of Marion takes over the Marion Cemetery.

Reports:

  1. Town Clerk December2022
  2. Accounting
  3. Money Market December 2022
  4. Operating Statement January 2023
  5. Trial Balance December2022
  6. Marion Fire District November2022
  7. Assessor                                                                                                December2022
  8. Code Officer December2022
  9. Library No Meeting
  10. Dog Control N/A
  11. Justice
  12. Bonafede                           December2022
  13. Bender December2022
  14. Planning/Zoning Board December2022

10.Sheriff                                                                                            December 2022

11.Historian                                                                                         N/A

Resolutions:

  1. Approve Town Board Meeting Minutes December 5th, 12th, 19th, and 27th
  2. Receive and File all Correspondence/Reports for January 9, 2023
  3. Authorize Appointment of Town Attorney
  4. Payment of Claims

Resolution #115-23 Approve Town Board Meeting Minutes December 5th, 12th, 19th, and 27th  

 On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

 BE IT RESOLVED, that the Marion Town Board approves December 5th, 12th, 19th, and 27th Town Board meeting minutes.

Resolution #116-23 Receive and File all Correspondence/Reports for January 9th, 2023

On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

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 January 9th 2023.

Resolution #117-23 Appoint Town Attorney

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED:           Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Councilman Bliek – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board appoints David Fulvio as Attorney for the Town of Marion for the calendar year 2023; and

BE IT RESOLVED, that David Fulvio shall be reimbursed for services performed on an as needed basis at the rate of $200 per hour; and

BE IT RESOLVED, that the Town Board designates the following person to speak with the Attorney is Town Supervisor, Jolene Bender; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Town of Marion Department Heads, and David Fulvio.

Resolution #118-23 Payment of Claims

On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

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                                                   4979.61

Highway                                                  1939.24

Library                                                         88.85

Water                                                            0.00

Sewer                                                        898.94

ARPA                                                       9280.00

Trust & Agency                                              0.00

Total                                                    $17186.64

 Resolution #119-23 Authorize to Advertise for Public Hearing to Amend Eligibility Levels for Real Property Tax Exemptions for persons sixty-five years of age or older.

On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, to Authorize the Marion Town Board to set a Public Hearing to amend the eligibility levels for Real Property Tax Exemptions for persons sixty-five years of age or older; and

BE IT FURTHER RESOLVED, that the Public Hearing will be set for Monday, February 13, 2023, at 6:30pm at the Marion Town Board meeting; and

BE IT RESOLVED, that the Town Board directs the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk

 Resolution #120-23 Award bid to L & J Smith Home Improvements at Marion Town Park.

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED:           Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Councilman Bliek – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Marion Town Board sent an RFP for remodeling at the Marion Town Park; and

WHEREAS, the Town of Marion received 1 estimate; and

BE IT RESOLVED, that the Marion Town Board awards the bid to L & J Smith Home Improvements to frame in pipes and wiring, remove cabinet and microwave, and paint upper plywood in the main pavilion; build roof system over bathroom door; paint hallway by bathrooms at the Town Park not to exceed $5,200 to be expensed by account # 71104.01.000.004; and

BE IT FURTHER RESOLVED, the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to L & J Smith Home Improvements, Ron Lonneville, and Principal Account Clerk.

Resolution #121-23 Authorize Advertising for Position of Soccer Coordinator/Night Park Supervisor Summer Recreation Soccer for the 2023 Season

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

Nays:  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 for applicants to fill a vacant position of Soccer Coordinator/Night Park Supervisor for the Summer Recreation Soccer program for the 2023 season;

BE IT RESOLVED, Applications may be picked up at the Marion Town Clerk’s Office and returned by February 3, 2023, at 4:00 p.m.

Resolution #122-23 Authorize Advertising for Position of Summer Recreation Director for the 2023 Summer Recreation Program.

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED:  Ayes:  5 Bender, Bliek, Lonneville, Herman, Cramer

Nays:  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 for applicants to fill a vacant position of Summer Recreation Director for the 2023 Summer Recreation Program;

BE IT RESOLVED, Applications may be picked up at the Marion Town Clerk’s Office and returned by February 3, 2023, at 4:00 p.m.

Resolution #123-23 Authorize Hiring McKayla Gordon for the Summer Recreation Director Trainer Position

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED:       Ayes: 5 Cramer, Herman, Lonneville, Bliek, Bender

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes hiring McKayla Gordon for training the Summer Recreation Director position for 2023, at remuneration of $20 per hour to be appropriated from account 73101.01.000.083; and

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

 

Additional Citizen Comments – None

 

 

With no further business, on a motion by Councilwoman Herman and seconded by Councilman Cramer, Supervisor Bender closed the meeting at 7:45pm.

Next meetings are scheduled for:

Meeting/Workshop:             Monday, January 23, 2023 @ 6:30pm

Meeting/Workshop:           Monday, February 13, 2023 @ 6:30pm

 

_____________________________________________

Heidi M. Levan, Clerk of the Board