TOWN BOARD Meeting Minutes

Marion Municipal Room

Monday, November 13, 2023

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, November 13, 2023 at the Marion Municipal Room.

Supervisor Bender called the meeting to order at 6:29pm and asked the Clerk of the Board to give a roll call.

PRESENT: Julie Herman, Councilwoman

Michael Cramer, Councilman

Ronald Lonneville, Councilman

LaVerne Bliek, Councilman

Jolene Bender, Supervisor

ABSENT:

OTHERS IN ATTENDANCE: Jeff Cragg, Chief Wastewater Treatment Operator; Paul Bender, Marion Town Justice; Tracy Whitney, Library Director; Sally Flynn; Judy Kepler; Marcia Lonneville; Cindy Polisse; Joan Parker; Melba Fisher; Julie Griffin; Gina Southcott; Margi Taber; John Lonneville; Mike & Phyllis Ertel Rory Dennis; Janis Peters; Dominic Cowan; Debi Christie; Wendy Cook; Judy Nevil; Mary Tack; Sharon Brooks; Susan Devlin; Samantha Starks; Linda & Bob VanderMeere; Susanne VerPlank; Ethan Reesor; Emily Gushlaw; Marz Cowell; Summer Johnson; David Brown; Cameron Gottermeier.

Supervisor Bender asked everyone to stand and give the Pledge of Allegiance.

Supervisor Bender 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.

If after the Town Board has finished their business, each person in attendance who wishes to speak will be given 3 minutes at the end of the meeting to speak on only topics discussed at the evenings meeting.

If after the Town Board has finished their business, each person in attendance who wishes to speak will be given minutes at the end of the meeting to speak on only topics discussed at the evening meeting.

Public Hearing:

6:30 – Local Law #8-2023 – Cemetery Regulations

The Public Hearing opened at 6:31pm with the Town Board deferring the reading of the public hearing notice due to the fact that the notice was available in a print form at the sign in of the meeting. Supervisor Bender asked Councilwoman Herman to speak about the cemetery as Councilwoman Herman’s family has been very involved with the Marion Cemetery for many years. Councilwoman Herman stated that the current Marion Cemetery Association is dissolving, and the cemetery is being conveyed (given to) the Town of Marion on January 1, 2024. The rules and regulations in the public hearing notice are very similar to the current rules of the cemetery. The Town of Marion is required to enact Rules and Regulations because it will be an active cemetery. Councilwoman Herman stated the rules were in place for a reason. Many residents and family of those who are buried at the cemetery attended the meeting and expressed their concerns. Concerns ranged from dogs, older trees, paved roads, flowers, headstones and cost. Councilwoman Herman stated that cost will be going up. A public hearing regarding fees for the Town of Marion is scheduled for Tuesday, January 2, 2024. Everyone is encouraged to attend. After asking three times, the public hearing was closed on a motion from Councilman Lonneville and seconded by Councilwoman Herman at 7:00pm

6:30 – Local Law #9-2023 – Cold War Exemption

The Public hearing opened at 7:01pm with the Town Board deferring the reading of the public hearing notice due to the fact that the notice is printed in the agenda and was available to all attendees. Supervisor Bender stated this discussion started from the Town Assessor. Town Clerk, Heidi Levan stated that this exemption would only apply to the Town portion of the Town & County tax bill. Wayne County has not adopted the Cold War Exemptions for the County portion of the tax bill. A resident asked who would qualify for a Cold War Veteren. John Lonneville spoke up and stated the Cold War took place from the day after WWII ended to the fall of the Berlin Wall. The Town Assessor doesn’t know how many veterans this would affect but doesn’t expect it to be a large number. More information will be available from the Town Assessor after this evening. After asking three times, the public hearing was closed on a motion from Councilman Lonneville and seconded by Councilman Bliek at 7:07pm.

Town Business:

Water Rate Increase

Wayne County Water & Sewer Authority will be raising their rates in 2024. Councilman Bliek stated this is because most of the WCWSA water is purchased from other municipalities and prices have gone up, so the cost is passed onto the consumers.

Boiler System – Library

Library Director Tracy Whitney spoke and stated the boiler (heating) system at the library is only working at 50% and the system needs to either be repaired or replaced. The Town Board stated that with the current estimate received by one contractor, two more estimates are needed and a public hearing will need to take place in order for money to be spent. The current heating system is 20 years old. A resolution was passed to schedule a public hearing.

Town Projects

Councilman Lonneville first thanked Town Clerk, Heidi Levan, 2^nd Deputy Town Clerk, Nadine Seppler for delivering the November community calendars as well as updating the business listing for the Town of Marion.

Next, Councilman Lonneville thanked Highway Superintendent, Tim Boerman for taking down the Hometown Hero Banners and storing them for the winter.

Councilman Lonneville next stated he had the honor of nominating Howard Hance for the New York Veterans Hall of Fame. This took place at Heritage Baptist Church with Senator Pamela Helming. Thank you to all veterans and especially the Hance family.

Councilman Lonneville stated that the Town Hall exterior is getting finished, and awnings should be installed later this week. Demolition work has been completed in the kitchen at the Town Park along with some rough electric service. Work will continue this fall and early winter.

Councilman Cramer stated new cameras will be installed before Spring.

Citizens Comments: None

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 Enforcement Michael Cramer Julie Herman

Correspondence:

Reports:

Town Clerk October 2023
Accounting
Money Market October 2023
Operating Statement November 2023
Trial Balance October 2023
Marion Fire District October 2023
Assessor October 2023
Code Officer October 2023
Library October 2023
Dog Control October 2023
Justice
Bonafede October 2023
Bender October 2023
Planning/Zoning Board October 2023

10.Sheriff October 2023

11.Historian October 2023

Committee Reports:

Supervisor Bender: Assessor, Zoning, Planning

Supervisor Bender stated the Assessor has been busy and will be leaving at the end of December 2023. Currently, 4 applicants have applied for the open position.

Supervisor Bender next stated that Planning and Zoning have not been meeting. Zoning Board member, John Lonneville stated that the Zoning Board has been meeting and one of their decisions has been the old First Reformed Church on Union Street.

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

Councilman Bliek stated the joint Regional Wastewater Treatment facility is going well and ahead of schedule. Work will continue over the winter months.

Councilman Bliek next stated the Highway Department will be picking up leaves within the hamlet in their efforts to get ready for the upcoming winter snow season.

Councilman Bliek also stated that Wayne County Highway Department is currently installing new guardrails on East Williamson Road.

Councilman Lonneville: Historian, Public Safety

Councilman Lonneville stated the painting has been completed on the second floor of the museum and drywall is being completed on the new addition. The Wi-Fi for the building is now up and running.

Councilman Lonneville thanked Highway Superintendent, Tim Boerman for having the tree stumps ground at the Town Park. This was a safety issue and Councilman Lonneville is thankful it was taken care of. Councilman Lonneville would like to look into lighting on the back section of the Town Park.This is a safety concern for walkers because it is dark along the woods.

Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Councilwoman Herman asked Town Clerk, Heidi Levan to give her report. Ms. Levan stated the Town Clerk’s office has been collecting school taxes and is now currently getting ready for Town & County Taxes in January. The office has also been busy selling hunting licenses.

Councilwoman Herman next asked Library Director, Tracy Whitney to give a report. Ms. Whitney stated the library has just completed the ‘Great Give Back’ campaign. All donations were given to the Caring Closet at the Marion School District for children in need. Ms. Whitney also stated that video streaming service is now available from OWWL.org.

Councilwoman Herman next stated the a job posting needs to be created for the following positions: Baseball/Softball Coordinator-Supervisor, Summer Soccer Coordinator-Supervisor, Night Park Supervisor for Baseball/Softball, Night Park Supervisor for Summer Soccer, and Town Park Custodian to clean the outside access restroom.

Councilman Cramer: Drainage, Judicial, Cemetery, Code Enforcement

Councilman Cramer stated the Drainage committee met a few weeks ago and the driveway repair needed on East Williamson Road has been completed.

Councilman Cramer also stated the court report seems to now be streamlined.

Resolutions:

Approve Town Board meeting minutes October 2^nd, 10^th, 23^rd and 30^th
Receive and file all correspondence/reports for November 13^th, 2023
Adopt Local Law #8-2023 – Cemetery Regulations
Adopt Local Law #9-2023 – Cold War Exemptions
Award Contract to RD Clingerman to Paint the Town Hall and the Court Building
Authorize Town Board to Set Public Hearing to Amend the Fee Schedule Local Law #-2024

Authorize Purchase of Kubota Excavator K Series KX080-4S2S3A
Authorize Purchase of John Deere1570 Terrain Cut Commercial Front Mower

Appoint Robert Kase to Board of Assessment of Review Board
Payment of Claims

Resolution #1101-23 Approve Town Board Meeting Minutes October 2^nd, 10^th, 23^rd, and 30^th

On a motion by Councilman Bliek and seconded by Councilman Cramer

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

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves October 2^nd, 10^th, 23^rd and 30^th Town Board meeting minutes.

Resolution #1102-23 Receive and File all Correspondence/Reports for November 13^th, 2023

On a motion by Councilwoman Herman and seconded by Councilman Cramer

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

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 13^th, 2023.

Resolution #1103-23 Adopt Local Law #8-2023 – Cemetery Regulations

On a motion by Councilman Bliek and seconded by Councilwoman Herman

ADOPTED: Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Herman – Aye

Councilman Cramer – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

WHEREAS, a Public Hearing was held on November 13, 2023 to create Cemetery Regulations; and

BE IT RESOLVED, the Marion Town Board adopts the following Cemetery Regulations; and

Local Law #8-2023 Concerning Town Cemeteries and Enacting Cemetery Regulations

Be it Enacted by the Town Board of the Town of Marion as follows:

115-1. Purpose; enforcement

For the mutual protection of the lot owner and the cemetery as a whole, the following rules and regulations have been adopted by the Town Board of the Town of Marion as rules and regulations of all Town-owned cemeteries in Marion, New York. All lot owners, visitors, and cemetery vendors and all lots sold shall be subject to said rules and regulations that may be adopted from time to time as deemed necessary by the Town of Marion.
The Town is hereby empowered to enforce all ordinances, rules and regulations regarding cemetery function and operation and to exclude from a cemetery any person violating the same. The Town shall have charge of the grounds and buildings, including the conduct of funerals, traffic, employees, plot owners and visitors.
Visitors to Town cemeteries are reminded that cemetery grounds are sacredly devoted to the interment of the dead, and that strict observance of the decorum which should characterize the place will be required.
The Town Clerk shall deposit all costs and fees established pursuant to this Local Law into appropriate accounts to be used for the operation and maintenance of town cemeteries.

115-2. Interments

The Town Clerk shall be notified at least three business days in advance of an internment. The next of kin, duly appointed representative of the deceased, or the funeral home shall provide the Town Clerk with a copy of any approvals or permits required, along with a copy of the death certificate for the deceased.
Concrete vaults or concrete liners will be required for interments in all graves, except in the case of a child under one year of age, for which a plastic vault is allowed.
Each gravesite is limited to:

One burial vault and one cremation; or
Two cremations.

Ashes from cremation may be interred only in a suitable permanent container.
No burials or remains shall be put in winter storage without a transit permit.
No grave shall be dug in the winter between December 1 and April 1 if the Town Clerk deems frost, weather or any other conditions unfavorable.
The cost of opening and closing a grave and the sodding and seeding of the mound shall be established by the Town Board. Payment must be received in full by the Town Clerk before a burial can be scheduled and the grave is opened.
Cremated remains will not be permitted to be scattered in any part of a cemetery.
The interment of two bodies in one grave will not be allowed, except in the case of a mother and infant, twin children, or two children buried at the same time.
No interment of any body other than that of a human being is permitted.
Cremated pets may be placed in internment with human body or cremated remains.
All other costs associated with a burial, including seating for a graveside service and marking of the grave, are the responsibility of the next of kin, the executor or administrator of the estate or the funeral home handling the remains of the deceased.

115-3. Lots; graves

The Town Clerk is responsible for the original sale of graves and/or lots.
The cost of graves and/or lots shall be established by the Town Board and shall not include the cost of opening and closing a grave and the sodding and seeding of the mound, which is a separate charge. Costs shall be payable to the Town of Marion.
Cemetery lots shall be transferred by deed signed by the Town Clerk.
The purchase of cemetery lots includes perpetual care, which involves normal mowing, seeding, and routine care.
Permission of the grave and/or lot owner to anyone other than a family member to use a grave within a specific lot shall have a notarized letter so stating on file at the Town Clerk’s Office.
The private resale of lots is strictly prohibited.
Under unusual circumstances, the Town Board may recommend repurchase of a grave and/or lots for the original purchase price. The Town is under no obligation to repurchase any grave and/or lot for any reason whatsoever.

115-4. Markers and monuments

All markers and monuments shall have a foundation of sufficient depth to be below the frost line (36 inches or 54 inches for large markers) and shall be under the control of the Town Board or designee.
Monuments and markers shall be made of granite or standard bronze.
All grass markers shall be set level to the ground for mowing expediency.
The width of the monument is governed by the width of the lot. The width of the monument shall not exceed 50% of the average width of the lot, excluding the foundation.
Monuments or markers shall be delivered to the designated site and set in place by the dealer. The dealer is responsible for all damages to lots or property. Deliveries and settings shall be scheduled between April 1 and December 1.
The Town should be consulted regarding placement of the monument or marker on the site, the location of which may vary by location and cemetery.
All monuments/markers shall be placed on concrete foundations having dimensions two inches greater in length and width than the base of the monument/marker, and a depth of up to three feet.
All foundations shall be installed by the Town at a cost to the family/lot owner/monument company.
The Town is not responsible for the cost of monuments or markers, for the cleaning of monuments or markers, or for any damage to monuments or markers.

115-5. Decorations; prohibited items; lost or removed items

All items (excluding monuments and veteran or firemen flag holders) shall be removed from gravesites by April 1 and October 1 and new decorations shall not be placed until April 15 and October 15. Any items not removed between those dates will be disposed of by the Town.
Funeral flowers will be removed as soon as they fade, wither, and become unsightly.
No glass containers of any kind will be allowed in a cemetery.
The use of paper-made containers, wire holders for flower pots, wire, plastic trellis or wooden fences on graves is prohibited.
Placing of crushed stone, wood chips or shells on graves is strictly prohibited.
Watering cans and other utensils cannot be stored adjacent to markers or graves.
Urns should be placed as close as possible to the monument, either to the left or right of the monument, so that they will not interfere with the mowing and trimming equipment.
No more than one eight-inch or larger urn or pot will be allowed on a gravesite.
No statues, candles, votives, toys or novelties, food or beverage items are permitted on gravesites. Solar lights may be placed on the gravesite in a location that does not interfere with mowing or other maintenance.
Only one real wreath shall be permitted per gravesite.
Fencing is strictly prohibited.
The Town reserves the right to remove any and all decorations, flowers, wreaths, containers, solar lights, etc., deemed unsightly or that interfere with grounds maintenance. The Town is not responsible for lost or removed items.

115-6. Plants and flowers

Planting of perennials/annuals/bulbs are permitted only to the left or right of the stone/monument, and no higher than the height of the stone/monument within the owner’s lot.
No shrubs, bushes or trees may be planted on lots or graves, donations of plants, shrubs, bushes or trees are acceptable. Please contact the Town Board or its designee for details.
Absolutely no artificial plants, wreaths, flowers, or markers are permitted in a cemetery.

115-7. Vehicles

Automobiles must always be kept on roads/paths for that purpose at all times. No driving is allowed on any section or over lots or lawns under any pretense whatsoever.
Vehicles may not be permitted to enter a cemetery during periods of inclement weather. The roads in a cemetery are seasonal use only and not maintained during winter months. Enter at your own risk during winter months.
No unlicensed or recreational vehicles (snowmobiles, four-wheelers, dirt bikes, electronic bikes) are allowed in a cemetery at any time.
No plowing of roads or pathways is permitted at any time.

115-8. Disclaimer of responsibility

The Town of Marion disclaims all responsibility for cemetery losses or damages from causes beyond its reasonable control and especially from damage by an act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief-makers, explosion, unavoidable accidents or any cause, similar or dissimilar, beyond control of the management, whether the damage be direct or collateral. Any or all items deemed in violation will be removed at any time by the Town.

115-9. Additional Information

Town of Marion cemeteries are open from dawn to dusk.
The discharge of firearms in Town cemeteries is prohibited except at military funerals.
Children are not permitted to run at will through the grounds.
Any person who shall deface, mutilate, or otherwise injure any monument or enclosure, or shall injure or remove any shrubbery, trees, plants, or flowers in the grounds will be prosecuted to the full extent of the law.
No horseback riding or walking dogs in a cemetery at any time.
Violations of the above rules and regulations shall be prosecuted by law.
For information regarding the rules and regulations of all Town-owned cemeteries in the Town of Marion, it is advisable for the parties directly concerned to obtain such information from the Town Clerk’s office of the Town of Marion.

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 #1104-23 Adopt Local Law #9-2023 – Cold War Exemptions

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED: Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Herman – Aye

Councilman Cramer – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

WHEREAS, a Public Hearing was held on November 13, 2023, to add Cold War Exemptions; and

BE IT RESOLVED, the Marion Town Board adds Cold War Exemptions; and

Local Law No. 9-2023

A Local Low Amending Chapter 156 entitled Taxation

Be it enacted by the Town Board of the Town of Marion as follows:

Section I. Article IV – Taxation Tax Levy Limit is hereby repealed and replaced as follows:

Article IV – Exemption for Cold War Veterans.

156-9 Authority

This chapter is enacted pursuant to the provisions of § 458-b of the Real Property Tax Law, as amended by Chapter 410 of the Laws of 1994.

156-10 Purpose

The purpose of this local law is to provide that qualifying residential real property as defined in Real Property Tax Law §458-b(1)(f) shall be exempt from taxation to the extent of either:

Fifteen percent of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

156-11 Additional exemption

In addition to the exemption provided by § 156-10 of this article, where the Cold War veteran received a compensation rating from the United Sates veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $40,000 or the product of $40,000 multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

156-12 Applicability

The exemption from taxation provided by this article shall be applicable to town, taxation but shall not be applicable to taxes levied for school purposes.
If a Cold War veteran receives the exemption under §458 or §458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption under this article.
The exemption authorized by this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners.

Section 2, All other local laws, and ordinances thereof of the Town of Marion inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects of this local law shall be in addition to other local laws or ordinances regulating and governing the subject matter covered by this local law.

Section 3, If any of the provisions in the foregoing local law be decided by a court having jurisdiction to be unconstitutional or invalid, the same shall not affect the availability of the forgoing local law, or any part thereof, other than the part so decided to be unconstitutional or be invalid.

Section 4, This local law shall be effective immediately upon filing with the Secretary of State

Resolution #1105-23 Award Contract to RD Clingerman to Paint the Town Hall and the Court Building

On a motion by Councilman Lonneville and seconded by Councilman Cramer

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

Nays: 0

The following resolution was adopted

WHEREAS, the Town of Marion sent out an RFP to Paint the Town Hall and the Court Building; and

WHEREAS, the Town of Marion received 1 bid; and

BE IT RESOLVED, that the Marion Town Board awards the contract to RD Clingerman to paint the Town Hall and the Court Building to be expensed out of 16204.01.000.050 not to exceed $12,975.00 – Building Renovations; and.

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

Resolution #1106-23 Authorize Town Board to Set Public Hearing to Amend the Fee Schedule Local Law #1-2024

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

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

Nays: 0

The following resolution was adopted

BE IT RESOLVED, to Authorize the Marion Town Board to set a Public Hearing to amend the fee schedule Local Law #1-2024; and

BE IT FURTHER RESOLVED that the Public Hearing will be set for Tuesday, January 2, 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 #1107-23 Authorize Purchase of Kubota Excavator K Series KX080-4S2S3A

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED: Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Herman – Aye

Councilman Cramer – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

WHEREAS, the Town of Marion desires to purchase a new Kubota Excavator K Series KX080-4S2S3A off the NYS Contract #69404 now;

BE IT RESOLVED, that the Marion Town Board authorizes the purchase of a new Kubota Excavator K Series KX080-4S2S3A Quote #2705299 off the NYS Contract #69404 in the amount not to exceed $143,846.53 and;

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

Resolution #1108-23 Authorize Purchase of a New John Deere1570 Terrain Cut Commercial Front Mower

On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED: Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Herman – Aye

Councilman Cramer – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

WHEREAS, the Town of Marion desires to purchase a new John Deere1570 Terrain Cut Commercial Front Mower off the NYS Contract #69683 now;

BE IT RESOLVED, that the Marion Town Board authorizes the purchase of a new John Deere1570 Terrain Cut Commercial Front Mower off the NYS Contract #69683 in the amount not to exceed $22,915.56 and;

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

Resolution #1109-23 Authorize Re-appointment to Board of Assessment Review

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board re-appoints Robert Kase 3475 Palmyra Road, Marion, to the Board of Assessment Review for a term commencing 10/01/23 – 9/30/2028; and

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

Resolution #1110-23 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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

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 47,142.25

Highway 66,872.35

Library 154.97

Water 1,284.50

Sewer 17,328.44

Street Lighting 2,661.46

Ext #2 to Water D #1 17,215.00

NE Quandrant III 26,738.75

Ext #1 to NE #1 25,037.50

SE Water District 49,137.50

T&A 50.00

Total $253,622.72

Resolution #1111-23 Authorize to Advertise for Baseball/Softball Coordinator-Supervisor, Soccer Coordinator-Supervisor, Night Park Supervisor and Town Park Custodian.

On a motion by Councilman Cramer and seconded by Councilwoman Herman

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

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board has determined that the following seasonal positions are open and a need to advertise is necessary; and

THEREFORE BE IT RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to advertise in the legal newspaper for: Baseball/Softball Coordinator – Supervisor; Summer Soccer Coordinator-Supervisor; Night Park Supervisor for Baseball/Softball; Night Park Supervisor for Summer Soccer; and Town Park Custodian; and

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

Additional Citizen Comments – None

The Town Board went into executive session to discuss the employment history of a particular person on a motion by Councilman Cramer and seconded by Councilwoman Herman at 7:46 pm. During the Executive Session, the following resolutions and discussions took place.

The Town Board made a decision to have their yearend meeting (closing of the books) on Thursday, December 28, 2023 at 1pm.

The 2024 Organizational meeting will take place on Tuesday, January 2, 2024 at 6:30pm. This meeting will include a public hearing for the new proposed fee schedule for the Town of Marion.

The Town Board also decided to schedule the first two regular meetings of the year for January 8, 2024 and January 22, 2024. All other meetings will be scheduled at the January 2^nd organizational meeting.

Resolution #1112-23 Authorize Town Board to Set Public Hearing to Spend Funds to replace Boiler System at Marion Public Library.

On a motion by Councilman Lonneville and seconded by Councilman Cramer

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

Nays: 0

The following resolution was adopted

BE IT RESOLVED, to Authorize the Marion Town Board to set a Public Hearing to spend funds to replace boiler system at the Marion Public Library; and

BE IT FURTHER RESOLVED that the Public Hearing will be set for Monday, November 27, 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 #1113-23 Authorize Town Board to Amend the Marion Town Budget

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED: Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Herman – Aye

Councilman Cramer – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

BE IT RESOLVED, to Authorize the Marion Town Board to amend the 2024 Marion Town Budget to increase appropriated Fund Balance to accommodate health care cost increase as follows:

From $110,000. to $113,390. for General Fund Balance an increase of $3,390.

From $150,000. to $152,393. for Highway Fund Balance an increase of $2,393.

From $8,500. to $9,375. for Marion Library Fund Balance an increase of $875.

BE IT FURTHER that the increase to the budget will not affect the 2024 tax rate; 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

With no further business, on a motion by Councilman Cramer and seconded by Councilwoman Herman, Supervisor Bender closed the meeting at 8:26pm.

Next meetings are scheduled for:

Meeting/Workshop: Monday, November 27, 2023 @ 6:30pm

Meeting/Workshop: Monday, December 11, 2023 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

11.13.2023 Meeting minutes