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6.26.2023 Town Board meeting minutes

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, June 26, 2023

A Town Board meeting of the Town of Marion, Wayne County, NY was held on  Monday, June 26, 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:                     LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Jolene Bender, Supervisor

Absent:

IN PERSON ATTENDANCE: Jeff Cragg, Chief Wastewater Treatment Plant Operator; Margi Taber; Bruce Ameele; Norma Ameele; Gina Southcott; John Lonneville; Paul Bender.  Town Attorney, David Fulvio arrived at 7:30pm.

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.

Discussion:

  1. Attorney – Cannabis, Conveyance of Cemetery, Checks and Balances System Court, Transient Immigrants
  2. ARPA
  3. Town projects
  4. Park tree stump grinding
  5. Public Restroom – Park
  6. Concessions
  7. Walking Path – Town Park

Town Business: 

 Councilman Lonneville spoke next in regard to Town Projects and ARPA funding.  Councilman Lonneville stated the parking lot at the Town Park has been sealed.  The walking path and highway department parking lot still needs to be done.

Councilman Lonneville stated the new Town Hall furnace will be installed starting July 25, 2023 by John Cornell.

Councilman Lonneville stated he has been noticing that drainage work has been going on in the back woods behind the Town Park.  His question is –  Who is monitoring the time?

Councilman Lonneville stated that Steve Taber (Highway Department employee) has gone back onto the Marion Drainage committee.  Councilman Bliek also stated that drainage work has been done on Witherden Road.

Councilman Cramer stated he sits in on the Wayne County Water & Soil meetings and would like to know if the homeowner signs an easement with the Town, is that easement still valid after the property changes ownership?

Councilman Cramer stated that the homeowner on North Main Street who is looking for the Marion Highway Department to replace a small section of fence that was broken is not ready for the new fence section to be installed.

Councilman Cramer stated that some people have been seen on camera climbing on the roof at the Marion Town Park.  Also, someone has been moving the cameras on Pavilion C.  Supervisor Bender suggests that the sheriff’s department patrol more often.

Councilwoman Herman spoke next regarding the outdoor restroom at the Marion Town Park.  Currently this restroom is not being cleaned or stocked with supplies unless it’s for Recreational baseball and/or soccer.  What is our next step?  A discussion took place as to who opens and closes the bathroom?  Who cleans it?  Who replaces paper products when necessary?  A decision was made to pass a resolution to go out for bids for cleaning.

Councilwoman Herman and Councilman Cramer discussed concessions at the Marion Town Park.  Councilman Cramer has been working on a draft program for the 2024 concession season.  Councilwoman Herman asked that liability insurance be necessary to sell concessions.  Councilman Cramer will add this to his proposal for 2024.

Councilman Lonneville asked that the walking path around the town park not be sealed during the tractor pulls, car show or fife and drum events.

Jeff Cragg spoke next regarding a problem at the Marion Wastewater treatment plant that took place while Jeff was out on leave.  A construction company that was working on the new WWTP blew a transformer and in turn, the transformer in the poll barn at the Marion WWTP back fed and charged the building.  This problem has all been addressed by Wayne County Water & Sewer Authority as well as a private electrical company.

Town Attorney David Fulvio discussed the possibility of the Marion Cemetery Association doing a conveyance to the Town of Marion.  Mr. Fulvio stated a formal written request must be done by the Marion Cemetery Association first.  After the request has been received and approved, the Town of Marion will need to adopt new Rules and Regulations for the cemetery.  A resolution must be passed in order to complete this transaction.  The Town of Marion is still waiting on the final audit of the Marion Cemetery being completed by NYS Division of Cemeteries before moving forward.

Mr. Fulvio spoke next regarding cannabis laws in NYS as well as adopting local laws in Marion.

Mr. Fulvio next was asked what the Town of Marion can do to have a checks and balance system for the Marion Courts.  Mr. Fulvio suggested an annual audit by an outside accounting firm would be a great way to check on court transactions.

Councilman Bliek next asked if Mr. Fulvio could help the Town develop regulations on transient immigrants.  Mr. Fulvio will work on this and get back to the Town Board.

Mr. Fulvio also stated that he will have a revised employee handbook ready for the Town Board to review by the next Town Board meeting.

Citizens Comments:  None

Resolutions:

  1. Rescind Resolution #608-23 Authorize Hiring Part-Time Deputy Town Clerk
  2. Authorize Hiring Deputy Town Clerk
  3. Authorize Resolution to Require ID for Voting
  4. Authorize Increase for Sealing Municipal Parking Lot
  5. Award Contract to Higher Expectations to Replace Windows at the Town Hall
  6. Payment of Claims

Resolution #612-23 Rescind Resolution #608-23 Authorize Hiring Part Time Deputy Town Clerk

On a motion by Councilman Bliek and seconded by Councilman Cramer

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, That the Marion Town Board approves hiring Tammi Roegiers, 4068 North Main Street, Marion, NY as part time Deputy Town Clerk to be expended out of 14101.01.000.036; and

BE IT RESOLVED, that the Marion Town Board sets the Deputy Town Clerk hourly wage at $18/hr for 15 hours/per week; and

AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Marion authorizes the Clerk to the Board to give a copy of this resolution to Tammi Roegiers and the Principal Account Clerk.

Resolution #613-23 Authorize Hiring Part Time Deputy Town Clerk

 On a motion by Councilwoman Herman and seconded by Councilman Cramer

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 approved.

 BE IT RESOLVED, That the Marion Town Board approves hiring Nadine Seppeler, 2175 Church Street, Walworth, NY as part time Deputy Town Clerk to be expended out of 14101.01.000.036; and

BE IT RESOLVED, that the Marion Town Board sets the Deputy Town Clerk hourly wage at $18/hr for 15 hours/per week; and

AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Marion authorizes the Clerk to the Board to give a copy of this resolution to Nadine Seppeler and the Principal Account Clerk.

Resolution #614-23 Authorize Resolution to Require ID for Voting 

 On a motion by Councilwoman Herman and seconded by Councilman Cramer

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 approved.

 WHEREAS, this country was formed on the principles of democracy and our forefathers fought for our right to elect our representation; and

WHEREAS, the majority of the states in the U.S. require a voter’s identification to increase the public’s confidence and ensure a fair election process; and

WHEREAS, the Board of Elections may not get notification of a voter registering in another location or of a death of a registered voter; and

WHEREAS, in an economy where the Board of Elections may not have sufficient funding or staffing to purge voters rolls of individuals who no longer live in each election district or county, as required; and

WHEREAS, in a day and age where the ability to work does not necessarily need to be where you live, this allows for more individuals to be transient in nature and the addition of voter’s identification will assist in keeping all voter rolls current; and

WHEREAS, in the State of New York the requirement is to compare the signature on file, this doesn’t necessarily help maintain current voter registrations, as name and address changes are not necessarily communicated in the current process, also this would assist in the purging of the roles of individuals who are no longer active voters in that county; and

WHEREAS, the subject of the resolution is not an action as defined by 6 N.Y.C.R.R §617.2 (b), and therefore no further SEQRA review is required.

NOW, THEREFORE, The Town Board of Marion

HEREBY REQUESTS the New York State Legislature and Governor Hochul to draft and enact legislation to allow for a voter’s identification process to assist with maintaining voter’s registration rolls; and

BE IT RESOLVED, that the Town Board directs the Clerk of the Board to send a certified copy of this resolution to Governor Hochul; Andrea Stewart-Cousins, President Pro Tempore and Majority Leader; Pamela Helming, Chair of the Senate Minority Conference and Wayne County Senator; Carl E. Heastie, Speaker of the Assembly; Assemblyman Brian Manktelow, Secretary of the Minority Conference and Wayne County Assemblymember.

Resolution #615-23 Authorize Amendment of Resolution #8052022 Award Proposal for Sealing of Parking Lots

On a motion by Councilman Cramer and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

WHEREAS, Kathleen Cauwels, Principal Account Clerk obtained proposals to apply asphalt sealer to the park parking lot, municipal parking lot (next to school), municipal Parking Lot (next to museum) and the library parking lot; and

Town Park parking lot, municipal parking lot (next to school), municipal Parking Lot (next to museum) and the library parking lot for an amount not to exceed $5665 to Seal Right Company to be expensed out of various accounts; and

BE IT FURTHER RESOLVED due to the parking lot needing two coats of sealer the price has increased $800 for a total not to exceed $6465.00

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Tim Boerman, Seal-Right Co., and the Principal Account Clerk.

Resolution #616-23 Award Contract to High Expectation Construction & Landscaping  to Replace Windows at the Town Hall 

On a motion by Councilman Cramer 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 approved.

WHEREAS, the Marion Town Board duly held a public hearing for the appropriation of Town Hall Reserve funds to make various improvements to the Town Hall based on positive references; and

WHEREAS, an RFP was sent to 3 contractors in June of 2023; and

WHEREAS, the Town of Marion received two bids one from L&J Smith Home Improvements and one from High Expectations Construction and Landscaping; and

BE IT RESOLVED, that the Marion Town Board awards the contract to High Expectations Construction and Landscaping to replace the windows at the Town Hall for an amount not to exceed $ 37,440.96 to be transferred from Town Hall Reserve to account building repairs 16204.01.000.042; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Code Officer, High Expectations Construction and Landscaping and the Principal Account Clerk.

Resolution #617-23 Payment of Claims

 On a motion by Councilman Bliek and seconded by Councilwoman Herman

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

Nays:  0

The following resolution was adopted

 WHEREAS, the Marion Town Board has received and audited the following claims;

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                                                   $678.85

Library                                                         71.33

Sewer                                                        768.41

Street Lighting                                             79.29

Total                                                      $1597.88

 Resolution #618-23 Authorize the Town Board to go out for bid for Cleaning of Exterior Bathroom at the Town Park.

 On a motion by Councilwoman Herman and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

WHEREAS, the Marion Town Board authorizes the Town to go out for bid to clean and stock paper supplies in the exterior access bathroom at the Marion Town Park; and

WHEREAS, all bid is to clean and stock paper supplies in the exterior access bathroom at the Town Park 7 days a week from July 12th – October 9th, 2023; and

WHEREAS, all bids must be sealed and returned to the Town Clerk’s office no later than Friday, July 7th at 4pm; and

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution the Principal Account Clerk.

Additional Citizen Comments

 On a motion from Councilwoman Herman and seconded by Councilman Cramer, the Town Board moved into executive session at 7:58pm to discuss employment history of a particular person.

 On a motion from Councilwoman Herman and seconded by Councilman Lonneville, the executive session was closed at 8:19pm.

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

Next meetings are scheduled for:

Meeting/Workshop:             Monday, July 10, 2023 @ 6:30pm

Meeting/Workshop:             Monday, July 24, 2023 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board