TOWN BOARD Meeting Minutes

Marion Court Room

Monday, January 8, 2024

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, January 8, 2024 at the Marion Court Room.

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

PRESENT: Summer Johnson, Supervisor

Michael Cramer, Councilman

Julie Herman, Councilwoman

Ronald Lonneville, Councilman

Margi Taber, Councilwoman

Absent:

IN PERSON ATTENDANCE: Jeff Cragg, Chief Operator Marion Sewer Department; Tim Boerman, Marion Highway Superintendent; Marcia Lonneville; Aeris Maynard; Gary Shaw; Penny Shaw; Case Carpenter, Times of Wayne County reporter.

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

Discussion:

Sign at Park

Town Clerk, Heidi Levan asked if the Town Board would consider installing signs at the Town Park regarding keeping dogs on leashes. The Town Board thought it was a good idea and asked Ms. Levan to contact Wayne County Highway Department for the signs.

Cemetery

Town Clerk, Heidi Levan stated she met with Norma Ameele from the Marion Cemetery Association on Friday, January 5, 2024. Ms. Ameele did provide some of the documentation that is needed for the Town to run the cemetery as well as to get the new cemetery software started. Ms. Levan and Highway Superintendent, Tim Boerman also requested that the Town Board provide job descriptions for both the Town Clerk and Highway Superintendent regarding the cemetery procedures. The Town Board asked Ms. Levan to contact other Town Clerk’s for their procedures. Ms. Levan will report back to the board on January 22, 2024. Councilwoman Herman also stated that the RG&E bill along with WCWSA bill for the cemetery need to transfer to the Town of Marion.

Rules of Order – Above Statement

Supervisor Johnson would like to enact Robert’s Rules of Order for all future board meetings. The Town Board discussed this and were in agreement. A resolution will be added to the January 22, 2024 Board Meeting. Clerk of the Board, Heidi Levan asked if the Town Board would like to remove the statement put in place in June of 2021 which stated that anyone who wished to speak must give 24 hours notice before speaking. The Town Board stated that yes, they would like to have that resolution amended. They would like to keep part of the opening statement to allow attendees to speak for 3 minutes with a total of 15 minutes at both the beginning and end of the meeting devoted to Citizen Comments. Ms. Levan will work with Principal Account Clerk Kathy Cauwels for this amended resolution.

Holiday Parade and More

Town Clerk Heidi Levan received an email from Corey Rapp from the Marion Fire Department. The Fire Department is looking to expand the Marion Holiday Parade. Some new ideas are a reviewing stand, judging with awards, refreshments at the Town Park. Santa Claus will return to the Town Park for photos after the parade. The Town Board was excited about the possibility of a bigger event. Ms. Levan will contact Corey to confirm the date of the parade.

Town Business:

Town Projects

Councilman Lonneville thanked Kathy Cauwels for the policy book that was presented to every board member at the January 2, 2024 meeting. The Town Board also thanked Ms. Cauwels for this invaluable document.

Councilman Lonneville next gave an update on Town Projects.

The step for the back of the Court Room emergency exit will be completed in the next few weeks.

The Town Park main pavilion is being worked on and tentative completion on all projects is April 1, 2024. Councilman Cramer asked if apoxy flooring would be better than painting the floors in the main lodge every year. Councilman Lonneville stated it would be great to have an estimate for different flooring. Councilman Cramer will look into getting a quote. Councilman Lonneville next asked what supplies would be needed for the Town Park?

Councilman Lonneville next stated the museum is having the final work done at Jennie’s House (Town Musuem). The Marion Historic Association will be meeting on Thursday, January 11^th and will be touring upstairs at the Town Hall.

Councilman Lonneville next read a statement regarding ‘Clean Energy’. Councilman Lonneville has asked a gentleman to come and speak on January 22, 2024 regarding a $10,000 grant.

Citizens Comments: None

Correspondence:

Letter from Esther Hutt

Supervisor Johnson read the following letter that was received from Esther Hutt.

To Whom It May Concern:

We, the Marion Seniors Club, have decided to continue meeting each month this year, 2024. We really enjoyed going out to eat together and went to a movie. Hopefully we will find more activities this coming year. We are thankful for the money the Town has given us each year and we hope that will be continued this year. Thanks so much for your support. Yours truly, Esther Hutt, Treasurer.

Committees: Chair Co-Chair

Deputy Supervisor Michael Cramer

Town Clerk Julie Herman Summer Johnson

Water, Sewer Ronald Lonneville Margi Taber

Public Safety Summer Johnson

Judicial Margi Taber Julie Herman

Library Margi Taber

Parks, Recreation Margi Taber Summer Johnson

Assessor Ronald Lonneville

Historian Julie Herman Ronald Lonneville

Zoning, Planning Michael Cramer Summer Johnson

Highway Summer Johnson Ronald Lonneville

Drainage Julie Herman

Cemetery Michael Cramer Julie Herman

Code Enforcement Officer Ronald Lonneville Michael Cramer

Supervisor Johnson: Public Safety, Highway

Supervisor Johnson stated she has been in contact with Wayne County regarding county wide EMS services. Councilman Lonneville stated that dusk to dawn lights are being installed at the Town Park to help address safety issues at the Town Park. Supervisor Johnson also provided a memo regarding the Highway Department and next asked Highway Superintendent, Tim Boerman if he had anything to add. Mr. Boerman stated the Highway Department has been out plowing a few times, leaves have been picked up on back street (Union Street), painting and repairs have been made to the Highway barn, and holiday decorations were put up and taken down in the past month. Councilwoman Herman thanked the Highway Department for doing an excellent job on Saturday, January 6^th with keeping the road clean during the first big snow fall of the season. The Town Board also thanked Mr. Boerman for keeping the walking loop around the Town Park clear of snow. Supervor Johnson spoke next regarding the Street Sweeper that the Town of Marion purchased back. Ms. Johnson wants to make sure a cap is in place for spending funds to repair the sweeper. Mr. Boerman assured her he would not spend more than the town was awarded. Councilman Lonneville also explained the safety concern during the Pioneer Gas Engine Show and Tractor Pulls. He is still working Nutrien Ag to get the lease approved for the Town of Marion to obtain the designated property at Nutrien and tie it into the Town Park.

Councilman Cramer: Deputy Supervisor, Zoning, Planning, Cemetery

Councilman Cramer stated he has been in contact with Zoning & Planning board clerk, Adrienne Compton and will be getting more involved with the Marion Planning and Zoning boards. Ms. Compton takes excellent notes and this will help with getting up to speed on this committee. Councilman Cramer is also now a member of the Wayne County Planning Board.

Councilman Lonneville: Water, Sewer, Assessor, Code Enforcement

Councilman Lonneville welcomed new Assessor, Michael Rados to the Town of Marion. Mr. Rados started today (January 8^th). Councilman Lonneville met with Jeff Cragg, Chief Operator of the Marion Sewer Department as well as, Marty Amen, Executive Director Wayne County Water & Sewer Authority (WCWSA). WCWSA met the 1^st and 3^rd Wednesday each month to discuss the progress on the new Regional Wastewater Treatment facility being built in Palmyra. Mr. Cragg will be attending those meetings going forward. Councilman Lonneville next stated he spoke with Marion Code Enforcement Officer, Daren Arrington. Mr. Arrington has submitted his report for December, and it is in tonight’s meeting information. Mr. Arrington also wanted to share his online training should be completed by the end of February.

Councilwoman Herman: Town Clerk, Drainage, Historian

Councilwoman Herman asked Town Clerk, Heidi Levan to give her report. Ms. Levan stated the Town Clerks’ office has been busy with Town & County taxes, Water and Sewer payments. Councilwoman Herman next stated she has been in contact with Councilman Cramer regarding the Drainage district and looks forward to working with Nadine Seppeler, Drainage Clerk to schedule a meeting. Councilman Lonneville gave an overview of Drainage projects within the Town of Marion since the 1990’s. Councilman Lonneville recommends the Marion Drainage Committee attend a Town of Marion Board meeting to explain their expectations from the Town.

Councilwoman Herman spoke next about the Historian. Applications for the Historian position are still being accepted. Councilwoman Herman looks forward to attending the Marion Historic Association meeting on January 11, 2024.

Councilwoman Taber: Judicial, Library, Parks, Recreation

Councilwoman Taber stated she has been in contact with Judge Bender and Judge Bonafede. The Board wanted to publicly thank Terri Ryan for filling in for two weeks for Court Clerk, Barb Griffin during her absence. Councilwoman Taber next stated she has been speaking with Marion Library Director, Tracy Whitney and looks forward to attending the Marion Library Board meeting on Tuesday, January 16^th. Councilwoman Taber spoke next regarding the Marion Recreation program. Ms. Taber stated at the last meeting she made a comment regarding the Town Recreation programs “Floundering”. She stated that statement was not directed at one person. This was just an observation that had many factors outside of any one person that contributed to this statement. Councilwoman Taber next stated interviews with Supervisor Johnson for prospective Recreation personnel have taken place this week and more will take place next week. Supervisor Johnson and Councilwoman Taber will present their recommendations at the January 22, 2024 meeting.

Reports:

Town Clerk December 2023
Accounting
Money Market December 2023
Operating Statement
Trial Balance December 2023
Marion Fire District N/A
Assessor N/A
Code Officer December 2023
Library No Meeting
Dog Control N/A
Justice
Bonafede December 2023
Bender December 2023
Planning/Zoning Board December 2023

10.Sheriff N/A

11.Historian N/A

Resolutions:

Approve Town Board Meeting Minutes December 11^th and 28^th
Receive and File all Correspondence/Reports for January 8, 2024
Authorize Supervisor to Sign the Amended and Restated Western Regional Wastewater Treatment System Control Agreement
Payment of Claims

Resolution #110-24 Approve Town Board Meeting Minutes December 11^th and 28^th2023

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Cramer, Herman, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves December 11^th and 28^th, 2023 Town Board meeting minutes.

Resolution #111-24 Receive and File all Correspondence/Reports for January 8^th, 2024

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Cramer, Herman, Lonneville, Taber, Johnson

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 8^th 2024.

Resolution #112-24 Authorize the Supervisor to Sign the Amended and Restated Western Regional Wastewater Treatment System Control Agreement

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED: Long Roll:

Councilman Cramer – Ayes

Councilwoman Herman – Aye

Councilman Lonneville – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

Ayes: 5

The following resolution was adopted

WESTERN REGIONAL WASTEWATER PROJECT

2023 AMENDED AND RESTATED CONTROL AGREEMENT

by and among

TOWN OF MACEDON

TOWN OF MARION

TOWN OF PALYMRA

VILLAGE OF PALMYRA

TOWN OF WALWORTH

and

WAYNE COUNTY WATER AND SEWER AUTHORITY

This Amended And Restated Agreement is made and entered into effective as of December 1, 2023, by and among the Town of Macedon, a municipal corporation with its principal offices located at 32 Main Street, Macedon, New York 14502, on behalf of Macedon Consolidated Sewer District No. 1, Hamlet of Macedon Sewer District, Gananda Sewer District No. 1 and all future sewer districts/improvement areas established with approval of the Town Board of the Town of Macedon (the “Town of Macedon”); the Town of Marion, a municipal corporation with its principal offices located at 3823 North Main Street, P.O Box 260, Marion, New York 14505, on behalf of Sewer District No. 1 and all future sewer districts/improvement areas established with approval of the Town Board of the Town of Marion (the “Town of Marion”); the Town of Palmyra, a municipal corporation with its principal offices located at 1180 Canandaigua Road, Palmyra, New York 14522, on behalf of the North Sewer District, Division Street Sewer District, Southwest Quadrant Sewer District, Stafford Road Sewer District No. 1, Extension No. 1 of the Stafford Road Sewer District No. 1 and all future sewer districts/improvement areas established with approval of the Town Board of the Town of Palmyra (the “Town of Palmyra”); and the Village of Palmyra, a municipal corporation with its principal offices located at 144 East Main Street, Palmyra, New York 14522 (the “Village of Palmyra”); the Town of Walworth, a municipal corporation with its principal offices located at 3600 Lorraine Drive, Walworth, New York 14568, on behalf of Sewer District No. 1, all district extensions thereto and all future sewer districts/improvement areas established with approval of the Town Board of the Town of Walworth (the “Town of Walworth”) and the Wayne County Water And Sewer Authority, a public benefit corporation with offices located at 3377 Daansen Road, Walworth, New York 14568 (the “Authority”), (the Town of Macedon, the Town of Marion, the Town of Palmyra and the Village of Palmyra are collectively referred to as the “Original Participating Municipalities”)(the Original Participating Municipalities and the Town of Walworth are collectively referred to as the “Participating Municipalities”). Each of the Participating Municipalities and the Authority are a “Party” and are collectively referred to as the “Parties”.

Recitals

WHEREAS, the Town of Marion, the Town of Macedon, the Village of Palmyra and the Authority (with the consent of the Town of Palmyra) previously entered into that certain Western Regional Wastewater Treatment System Improvements And Services Agreement, effective as of December 1, 2018 and revised by Addendum No. 1, dated and effective as of January 1, 2019, (the “2018 IMA”); and

WHEREAS, pursuant to the 2018 IMA, (i) the Authority agreed to design, construct and operate a regional wastewater conveyance system and treatment facility (collectively, the “Original Project^[1]”) in order to provide wastewater conveyance and treatment services for the benefit of Users within the Original Participating Municipalities and (ii) the Original Participating Municipalities agreed to pay the Authority a Service Fee for providing such Services; and

WHEREAS, the Town of Palmyra and the Village of Palmyra previously entered into that certain Agreement Between the Village and the Town For Sewage Collection and Treatment Services, dated as of August 26, 1999, which agreement was revised by Addendum dated October 26, 2000 and by a subsequent Agreement dated December 14, 2006 (collectively, the “Existing Palmyra Treatment Agreement”) pursuant to which treatment services at the Village of Palmyra’s existing wastewater treatment plant are provided to certain Out-of-Village Users within the Town of Palmyra; and

WHEREAS, the Town of Palmyra and the Village of Palmyra have entered into a supporting intermunicipal agreement, effective as of December 1, 2018 and revised by Addendum No. 1, dated and effective as of January 1, 2019 (the “2018 Supporting IMA”), as required by the 2018 IMA, allocating responsibility for the provision of wastewater services from the Original Project to such Out-of-Village Users; and

WHEREAS, the Town of Walworth subsequently expressed its desire and intention to participate in the Original Project, as expanded and enhanced to meet the needs of the Town of Walworth, conditioned upon the receipt by the Authority of additional funding commitments, by entering into that certain Memorandum Of Understanding Regarding The Potential Participation Of The Town Of Walworth In The Wayne County Water And Sewer Authority’s Western Regional Wastewater Treatment Systems Improvements Project, effective as of June 1, 2019, which agreement was amended and restated by Agreement dated and effective as of September 13, 2019; and

WHEREAS, the Authority has since received such additional funding commitments for the Original Project, as expanded and enhanced to meet the needs of the Town of Walworth, (the Original Project, as so expanded and enhanced, being referred to as the “Project”) and the Authority and the Participating Municipalities have entered into that certain Amended And Restated Western Regional Wastewater Treatment System Improvements And Services Agreement, effective as of April 1, 2020, (the “2020 IMA”) in order to (i) provide for the inclusion of the Town of Walworth as a “Participating Municipality” and (ii) incorporate into the 2020 IMA the terms, covenants and conditions of the 2018 Supporting IMA, as modified and restated by the terms of the 2020 IMA; and

WHEREAS, the Authority received bids for the Project that exceeded the estimated total Project Cost provided for in the 2020 IMA and, thereafter, with the consent and approval of the Participating Municipalities, as evidenced by that certain Memorandum of Understanding and Agreement, dated and effective as of September 1, 2022, surrendered the original funding package provided by EFC, applied for a larger replacement funding package and secured revised bids for key elements of the Project; and

WHEREAS, following the receipt by the Authority of an acceptable replacement funding package from EFC, the Participating Municipalities authorized and directed the Authority to proceed with the construction and development of the Project based on a revised Project Cost, as evidenced by that certain Addendum No. 1 to the 2020 IMA, dated and effective as of November 4, 2022 (“Addendum No. 1”); and

WHEREAS, the Town of Walworth and the Town of Macedon previously entered into that certain Intermunicipal Agreement, dated June 2, 1994, which agreement was last revised by an Intermunicipal Agreement, dated October 29, 2020 (collectively, the “Existing Walworth Collection And Treatment Agreement”) pursuant to which collection and treatment services are provided to users within Walworth Sewer District No. 1 and Gananda Sewer District No. 1 (collectively the “Walworth Service Area”) pending the completion of the Project; and

WHEREAS, the Authority and the Town of Marion entered into a ground lease of a portion of the existing Town of Marion wastewater treatment plant site, dated as of October 1, 2021 and revised by Addendum No. 1, dated as of March 1, 2022 (the “Marion Ground Lease”) whereby the Authority is authorized to construct and install a pump station as provided for in the 2020 IMA; and

WHEREAS, the Authority and the Town of Macedon entered into a ground lease of a portion of the existing Town of Macedon wastewater treatment plant site, dated as of March 1, 2022 (the “Macedon Ground Lease”) whereby the Authority is authorized to construct and install a pump station as provided for in the 2020 IMA; and

WHEREAS, the Authority and the Town of Walworth entered into a ground lease of a portion of the existing Town of Walworth wastewater treatment plant site, dated as of March 1, 2022 (the “Walworth Ground Lease”) whereby the Authority is authorized to construct and install a pump station as provided for in the 2020 IMA (the Marion Ground Lease, the Macedon Ground Lease and the Walworth Ground Lease are collectively referred to as the “Ground Leases”); and

WHEREAS, the Village of Palmyra has transferred to the Authority title to its existing wastewater treatment plant site by Deed dated February 24, 2021 and recorded February 24, 2021 in the Office of the Wayne County Clerk at R9229471 and the Authority has leased such site to the Village of Palmyra by Lease Agreement between the Authority and the Village of Palmyra, dated February 24, 2021 (the “2021 Palmyra Site Lease”), pending completion of the Project; and

WHEREAS, upon Completion of the Project, the Village of Palmyra intends to cease operation of its existing wastewater treatment plant which the Authority is currently operating pursuant to that certain Water And Wastewater Operation And Maintenance Agreement, dated as of January 1, 2011 and revised by Addendum No. 1, dated as of January 1, 2013, further revised by Addendum No. 2, dated as of January 1, 2015, further revised by Addendum No. 3, dated as of January 1, 2017 and further revised by Addendum No. 4, dated as of January 1, 2019, by entering into an amended and restated agreement with the Authority (the “2025 Village of Palmyra Severance Agreement”) providing for the termination of the 2021 Palmyra Site Lease and wastewater services, but continuing the provision of water services; and

WHEREAS, upon Completion of the Project, the Town of Palmyra and the Village of Palmyra intend to enter into a new agreement (the “2025 Palmyra Treatment Termination Agreement”) providing for the termination of the wastewater treatment provisions in the Existing Palmyra Treatment Agreement and amending and restating the non-wastewater treatment provisions of the Existing Palmyra Treatment Agreement; and

WHEREAS, upon Completion of the Project, the Authority and the Town of Palmyra intend to amend and restate the existing Services Agreement, dated as of January 1, 2008, pursuant to which the Authority operates the Town of Palmyra’s wastewater collection system by entering into a new agreement (the “2025 Town of Palmyra Service Agreement”) ; and

WHEREAS, upon Completion of the Project, the Authority and the Town of Macedon intend to amend and restate the existing Lease Agreement entered into by and among the Authority, the Town of Macedon and the former Village of Macedon, dated as of April 8, 2016, pursuant to which the Authority operates the wastewater collection system and treatment plant located in Macedon Consolidated Sewer District No. 1 and the Hamlet of Macedon Sewer District by entering into a new agreement (the “2025 Macedon Lease”); and

WHEREAS, upon Completion of the Project, the Village of Palmyra and the Authority intend to enter into a new agreement (the “2025 Village of Palmyra Lease”) pursuant to which the Authority will operate the Village of Palmyra’s wastewater collection system; and

WHEREAS, upon Completion of the Project, the Town of Marion and the Authority intend to enter into a new agreement (the “2025 Marion Lease”) pursuant to which the Authority will operate the Town of Marion’s wastewater collection system; and

WHEREAS, upon Completion of the Project, the Town of Walworth intends to cease operation of its existing wastewater treatment plant and the Town of Macedon and the Town of Walworth intend to enter into a new agreement with the Authority (the “2025 Walworth Service Area Lease”) pursuant to which the Authority will operate the waste water collection system within the Walworth Service Area; and

WHEREAS, upon Completion of the Project the Town of Macedon, Town of Walworth and the Authority intend to enter into a new agreement (the “2025 Walworth Service Area Collection System Improvements And Services Agreement”) pursuant to which the Authority will provide specified wastewater collection services and improvements to users within the Walworth Service Area (the 2025 Village of Palmyra Severance Agreement, the 2025 Palmyra Treatment Termination Agreement, the 2025 Town of Palmyra Service Agreement; the 2025 Macedon Lease, the 2025 Village of Palmyra Lease, the 2025 Marion Lease, the 2025 Walworth Service Area Lease and the 2025 Walworth Service Area Collection System Improvements And Services Agreement are collectively referred to as the “2025 Wastewater Agreements”); and

WHEREAS, the Authority has the statutory authority pursuant to Sections 1199-ee (10), (21) and (24) of the New York Public Authorities Law to enter into contracts with municipalities within Wayne County to provide for wastewater collection, conveyance and treatment services; and

WHEREAS, the Village of Palmyra has the statutory authority pursuant to Section 14-1436 of the New York Village Law and Sections 99-r and 119-a of the New York General Municipal Law to enter into contracts with public authorities and municipalities for wastewater services; and

WHEREAS, the Town of Palmyra, the Town of Macedon, the Town of Marion and the Town of Walworth each has the statutory authority pursuant to Sections 198(1)(b) and (f) of the New York Town Law and Sections 99-r and 119-a of the New York General Municipal Law to enter into contracts with public authorities for the provision of wastewater services.

NOW THEREFORE, it is hereby mutually agreed as follows:

1.1. Effective Date. The effective date (“Effective Date”) of each of the 2025 Wastewater Agreements shall be the later of (i) Completion of the Project or (ii) the date of execution of each of such agreements, as evidenced by a certificate provided by the Authority in the form attached hereto as Exhibit “A”.

3.2. Conditions Precedent. This Agreement shall be contingent upon the satisfaction (or waiver by the Authority and each of the other Parties) of each of the following condition precedent:

Completion of the Project.

Miscellaneous.
Assignment. This Agreement is not assignable either in whole or in part.

Amendments. This Agreement may be amended or modified only by a subsequent written document executed by all Parties hereto.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Authorization. Each Party hereby represents and warrants to the others that its respective signatures set forth below have been and are on the date of this Agreement duly authorized by all necessary and appropriate corporate and municipal action to execute this Agreement.

Force Majeure. If performance (other than payment) under this Agreement by any of the Parties hereto is prevented or delayed by reason of any acts of God, acts of the public enemy, wars, blockages, insurrection, riots, epidemics, pandemics, or other declarations of public health emergency, quarantine restrictions, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests, restraints of ruler and peoples, civil disturbances, explosions, strikes, the binding order of any court or government authority which has been resisted in good faith by any reasonable legal means, failure or want of any necessary supplies, utilities or products not within the control of such Party or any other cause beyond the control of the Party affected, and which cannot be overcome by reasonable due diligence, such affected Party shall be excused from such performance to the extent that it is necessarily prevented or delayed thereby, during the period of any such cause.

Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto with respect to the subject matter hereof, and supersedes all previous discussions, representations, understandings, and agreements. For the avoidance of doubt, this Agreement is intended to amend and restate in its entirety, effective as of April 1, 2020, that certain 2019 Control Agreement previously entered into by and among the Original Participating Municipalities and the Authority.

Survival. The following provision shall survive termination of this Agreement: this Section 4, Miscellaneous.

Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without consideration of the conflicts of laws principles thereof. The sole and exclusive forum for the determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be the Supreme Court of the State of New York sitting in Wayne County, New York or the federal district court having jurisdiction for Wayne County, New York.

Severability. If any provision of this Agreement is held to be unenforceable under then current laws, the enforceability of the remaining provisions shall not be affected thereby, and in lieu of each such unenforceable provision the Parties shall negotiate to add a provision as similar in terms to such unenforceable provision as may be possible.

Independent Contractor. The Parties hereto shall each act as independent contractors and nothing herein shall be construed to make any Party, or any of their employees, officers, directors or representatives, the agent, employee, partner or servant of any other Party.

Non-Waiver. Failure by any Party at any time to require strict performance of any of the provisions herein shall not waive or diminish a Party’s right thereafter to demand strict compliance therewith or with any other provision. Waiver of any obligation, term or condition of this Agreement shall not be deemed as any further or continuing waiver of any other term, provision or condition of this Agreement. A Party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized representative of the Party making such waiver.

IN WITNESS THEREOF, the Parties hereto have executed or approved this Agreement on the dates below their respective signatures.

TOWN OF MACEDON,

on behalf of the Macedon Consolidated Sewer District No. 1, Hamlet of Macedon Sewer District, Gananda Sewer District No. 1 and new sewer districts/improvement areas to be formed utilizing the Plant

By: _________________________________ Dated:_____________, 2023
Kim V. Leonard, Supervisor

TOWN OF MARION,

on behalf of the Marion Sewer District No. 1 and new sewer districts/improvement areas to be formed utilizing the Plant

By: _________________________________ Dated: _____________, 2023
Summer Johnson, Supervisor

VILLAGE OF PALMYRA

By: _________________________________ Dated: _____________, 2023

David A. Husk, Mayor

TOWN OF PALMYRA,

on behalf of the North Sewer District,
Division Street Sewer District,
Southwest Quadrant Sewer District, Stafford
Road Sewer District No. 1 and Extension No.
1 of the Stafford Road Sewer District No. 1
and new sewer districts/improvement areas to
be formed utilizing the Plant

By: _________________________________ Dated: _____________, 2023
Gary Rose, Supervisor

TOWN OF WALWORTH,

on behalf of the Walworth Sewer District No. 1, all district extensions thereto and new sewer districts/improvement areas to be formed utilizing the Plant

By: _________________________________ Dated: _____________, 2023
Michael Donalty, Supervisor

WAYNE COUNTY WATER AND

SEWER AUTHORITY

By: _______________________________ Dated: _____________, 2023

Martin J. Aman, Executive Director

Exhibit “A”

CERTIFICATION OF EFFECTIVE DATES

The Wayne County Water And Sewer Authority hereby certifies to each of the other Parties to the Western Regional Wastewater Project 2023 Amended And Restated Control Agreement (“Control Agreement^[2]”) to which this certificate is attached, as follows:

Each of the following agreements has been fully executed and delivered with an effective date as set forth below:
The 2020 IMA with an effective date of April 1, 2020, as modified by Addendum No. 1 with an effective date of November 4, 2022;
The Marion Ground Lease with an effective date of October 1, 2021;
The Macedon Ground Lease with an effective date of March 1, 2022; and
The Walworth Ground Lease with an effective date of March 1, 2022.
Completion of the Project occurred on ____________, 2025.
Each of the following agreements has been fully executed and delivered (contingent upon the Effective Date of the Control Agreement) with an effective date that is simultaneous with Completion of the Project:
2025 Village of Palmyra Severance Agreement, dated _______, 2024;
The 2025 Palmyra Treatment Termination Agreement, dated ____________, 2024;
The 2025 Town of Palmyra Service Agreement, dated ___________, 2024;
The 2025 Macedon Lease dated, ____________, 2024;
____
The 2025 Village of Palmyra Lease dated, ____________, 2024;
The 2025 Marion Lease, dated ____________, 2024;

The 2025 Walworth Service Area Lease, dated __________, 2024; and
The 2025 Walworth Service Area Collection System Improvements And Services Agreement dated ___________, 2024.

WAYNE COUNTY WATER AND SEWER AUTHORITY

By: ___________________________________________ Dated: _________, 2025

Martin J. Aman, Executive Director

Resolution #113-24 Payment of Claims

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED: Ayes: 5 Cramer, Herman, Lonneville, Taber, Johnson

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 25,234.04

Highway 6,746.04

Library 2,109.34

Water 248.75

Sewer 2,916.69

Street Lighting 1,206.37

ARPA 4,000.00

Trust & Agency 1,662.08

Total $44,123.31

Additional Citizen Comments – None

With no further business, on a motion by Councilwoman Herman and seconded by Councilman Cramer, Supervisor Johnson closed the meeting at 7:37pm.

Next meetings are scheduled for:

Meeting/Workshop: Monday, January 22, 2024 @ 6:30pm

Meeting/Workshop: Monday, February 12, 2024 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

1.8.2024 Meeting Minutes