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4.14.2025 Town Board Meeting

TOWN BOARD MEETING MINUTES

Marion Court Room

Monday, April 14, 2025

 A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, April 14, 2025 at the Marion Town Court Room.

Supervisor Johnson called the meeting to order at 6:30pm and asked the Clerk of the Board to give a roll call.

PRESENT:     Summer Johnson, Supervisor

Michael Cramer, Councilman

Julie Herman, Councilwoman

Ronald Lonneville, Councilman

Margi Taber, Councilwoman

 

 

ABSENT:      

 

OTHERS IN ATTENDANCE:  Jeff Cragg, Marion Wastewater Treatment Plant Chief Operator; Tim Boerman, Marion Highway Superintendent; Tracy Whitney, Marion Public Library Director; Marcia Lonneville; Theresa Kuhn; Gina Southcott; Penny Shaw; Gary Shaw; Nicole Sipple; Rob Marshall; Nancy Spinning; Tim Spinning; John Lonneville; Daniel Woodard; Ruth Woodard; David DeRoo, Marion Highway Department; Kirsten DeRoo; Adam Hoffman, Roofers Local 22 Union; Steve Matteson, Western Wayne Ambulance; Eleasor Thomson; Casey Carpenter, Times of Wayne County.

 

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

 

Acknowledgement:   None

 

Public Hearing:    None

 

Discussion:

  1. WCWSA Lease Agreement (Supervisor Johnson)
  2. Google pricing – increase (K. Cauwels)
  3. Grill at Park – Safety Concerns (Supervisor Johnson)
  4. Website Development RFP updates (Supervisor Johnson)
  5. Proposal for Community Access to Marion School (Councilwoman Taber)
  6. CEO Clerk desk (Councilman Cramer)
  7. Clean Sweep update (Councilman Lonneville)

 

Citizen Comments:  Steve Matteson spoke on behalf of the Western Wayne Ambulance Department.  97 calls came in for the Town of Marion during the first quarter of 2025.

Bill Norberg spoke next regarding noise in his neighborhood.  Mr. Norberg provided the Town with a petition signed by many of his neighbors asking that the noise ordinance be followed.

 

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

Zoning, Planning                                      Michael Cramer                       Summer Johnson

Highway                                                    Summer Johnson                     Ronald Lonneville

Drainage                                                   Julie Herman                             Michael Cramer

Cemetery                                                  Michael Cramer                       Julie Herman

Code Enforcement Officer                     Ronald Lonneville

 

 

Reports:

  1. Town Clerk – March 2025
  2. Supervisor
  3. Money Market – March 2025
  4. Operating Statement – As of 4/10/2025
  5. Trial Balance – March 2025
  6. Marion Fire District – February 11, 2025
  7. Assessor – March 2025
  8. Code Officer – March 2025
  9. WCWSA – Debt Service
  10. Dog Control – March 2025
  11. Justice
  12. Bonafede – March 2025
  13. Bender – March 2025
  14. Planning/Zoning Board – March 2025
  15. Wayne County 911 – March 2025
  16. Cemetery – March 2025
  17. Library – February 2025
  18. Parks & Rec Advisory – March 12th meeting minutes
  19. Bicentennial Minutes – March 11th
  20. Town & County Tax Collection Report – April 8, 2025
  21. Historian Report – N/A

 

Resolutions:

  1. Accept Town Board Meetings Minutes for March 10, 12 and 24th, 2025
  2. Adopt Town of Marion Public Access to Records (FOIL) Policy
  3. Authorize Appointing new Planning Board member, Tyler Bartlow
  4. Authorize Appointing new Planning Board member, Timothy Spinning
  5. Authorize Public Hearing for Appropriation from Cemetery Equipment Reserve
  6. Accept Retirement of Highway Superintendent, Timothy Boerman
  7. Authorize Appointment of Highway Superintendent, Timothy Boerman
  8. Approve Hydraulic Jack Packing on the Elevator at the Library
  9. Authorize Supervisor to sign Town of Marion Justices Audit Engagement Agreement
  10. Authorize Supervisor to begin bargaining negotiations
  11. Authorize Town of Marion to sign Lease Agreement with WCWSA
  12. Authorize Marion Events Organization to use Town of Marion Municipal Parking lot
  13. Re-Appointment of Marion Assessor, Michael Rados
  14. Payment of Claims

 

Resolution #401-2025 Accept Town Board Meetings Minutes for March 10th  12th and 24th, 2025

 

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

 

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

 

Nays:  0

 

The following resolution was approved.

 

BE IT RESOLVED, that the Marion Town Board accepts the February 10th and 24th, 2025 Town Board meeting minutes.

 

Resolution # 402-2025  Adopt Town of Marion Public Access to Records (FOIL) Policy

 

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED:           Ayes: 5

Nays: 0

Long Roll:

Councilman Cramer –  Aye

Councilwoman Herman – Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was approved.

 

 

BE IT RESOLVED, the Marion Town Board Adopts the following FOIL policy

 

Policy for Public Access to Records (FOIL)

1.  GENERAL

The purpose of this policy is to provide the public with an overview of the Town of Marion’s implementation of the New York State Freedom of Information Law and general guidance regarding gaining access to public records.

 

2.  MAKING A REQUEST FOR A PUBLIC RECORD

The Town Clerk has been designated as the “Records Access Officer” for the purposes of the Freedom of Information Law. All requests for public records can be made at the office of the Town Clerk, located in the Marion Town Hall, 3823 North Main Street, Marion, NY 14505.

Upon receipt of your request, the records access officer shall provide a written response within five business days:

  • granting or denying access to records in whole or in part;
  • informing a person requesting records that the request or portion of the request does not reasonably describe the records The records access officer shall provide direction or ask for clarification from the requester to enable that person to request records reasonably described;
  • acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than twenty business days after the date of the acknowledgment; or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or
  • if the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within twenty business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within twenty business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.

Failure to provide the requested record within the above timelines, or failure to provide an explanation as to why the record cannot be provided timely shall constitute a denial by the records access officer and may be appealed.

 

3.  DENIAL OF ACCESS TO RECORDS

The records access officer may deny access to the records, in whole or in part, that:

  • are specifically exempted from disclosure by state or federal statute;
  • if disclosed would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section eighty-nine of the New York Public Officers Law;
  • if disclosed would impair present or imminent contract awards or collective bargaining negotiations;
  • are trade secrets or are submitted to the Town by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise;
  • are compiled for law enforcement purposes and which, if disclosed, would:
    1. interfere with law enforcement investigations or judicial proceedings;
    2. deprive a person of a right to a fair trial or impartial adjudication;
  • identify a confidential source or disclose confidential information relating to a criminal investigation; or
  1. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
  • if disclosed could endanger the life or safety of any person;
  • are inter-agency or intra-agency materials which are not:
  • statistical or factual tabulations or data;
  • instructions to staff that affect the public;
  • final agency policy or determinations; or
  • external audits, including but not limited to audits performed by the comptroller and the federal government; or
    • are examination questions or answers which are requested prior to the final administration of such questions;
    • if disclosed, would jeopardize the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures; or Requested records not provided timely, per Section 2 above, shall be deemed a Denial of access to records shall be in writing stating the reason therefore and advising the requestor of the right to appeal to the Town Supervisor, 3823 North Main Street Marion, NY 14505

4.  APPEAL OF DENIAL

Appeals shall be made in writing to the Town Supervisor, 3823 North Main Street, Marion, NY 14505, within 30 days of the date of the denial.

Appeals shall contain the following information:

  • the date and location of requests for records;
  • a description, to the extent possible, of the records that were denied; and
  • the name, phone number, and return address of the person denied

The Clerk or Town Supervisor shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Open Government Department of State

One Commerce Plaza

99 Washington Avenue, Suite 650

Albany, NY 12231

The Town Supervisor shall respond to the appellant in writing within ten business days of receipt of the appeal by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal. A copy of the response shall be transmitted to the Committee on Open Government.

5.  FEES AND COSTS

The fees for copies of records which shall not exceed twenty-five cents per photocopy not in excess of nine inches by fourteen inches, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by statute.

In determining the actual cost of reproducing a record, the Town may include only:

  • an amount equal to the hourly salary attributed to the lowest paid Town employee who has the necessary skill required to prepare a copy of the requested record;
  • the actual cost of the storage devices or media provided to the person making the request in complying with such request;
  • the actual cost to the Town of engaging an outside professional service to prepare a copy of a record, but only when the Town’s information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy; and
  • preparing a copy shall not include search time or administrative costs, and no fee shall be charged unless at least two hours of Town employee time is needed to prepare a copy of the record requested. A person requesting a record shall be informed of the estimated cost of preparing a copy of the record if more than two hours of a Town employee`s time is needed, or if an outside professional service would be retained to prepare a copy of the record.

 

 

Resolution #403-2025 Authorize new alternate Planning Board member, Tyler Bartlow

 

On a motion from Councilwoman Herman and Seconded by Councilman Cramer, this resolution was removed on a recommendation from the Planning Board.

 

BE IT RESOLVED, the Marion Town Board Authorizes the Appointment of Tyler Barlow as an alternate to the Marion Planning Board; and

 

BE IT RESOLVED, that the Marion Town Board appoints Tyler Bartlow of 3879 Hall Center Rd. Marion, to the Marion Planning Board effective April 21, 2025 thru December 31, 2031; and

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Tyler Bartlow, Adrienne Compton, Clerk to the Planning Board, and the Account/Audit Clerk.

 

 

Resolution #404-2025 Authorize new alternate Planning Board member, Timothy Spinning

 

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:           Ayes: 5

Nays: 0

Long Roll:

Councilman Cramer –  Aye

Councilwoman Herman – Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was approved.

 

 

BE IT RESOLVED, the Marion Town Board Authorizes the Appointment of Tyler Barlow as an alternate to the Marion Planning Board; and

 

BE IT RESOLVED, that the Marion Town Board appoints Timothy Spinning of 5130 Route 21. Marion, to the Marion Planning Board effective April 21, 2025 thru December 31, 2031; and

 

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Timothy Spinning, Adrienne Compton, Clerk to the Planning Board, and the Account/Audit Clerk.

 

Resolution #405-2025 Authorize Public Hearing for Appropriation from Cemetery Equipment Reserve

 

On a motion by Councilwoman Herman and seconded by Councilman Cramer

 

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

 

Nays:  0

 

The following resolution was approved.

 

BE IT RESOLVED, the Marion Town Board Authorizes a public hearing for appropriation from Cemetery Equipment reserve on April 28, 2025 @ 6:30 pm; and

 

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

 

Resolution #406-2025 Accept Retirement of Timothy Boerman as Marion Highway Superintendent.

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:           Ayes: 5

Nays: 0

Long Roll:

Councilman Cramer –  Aye

Councilwoman Herman – Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was approved.

 

WHEREAS, Timothy Boerman, Marion Highway Superintendent, has submitted his resignation from the Town of Marion as Highway Superintendent effective May 12, 2025; now

BE IT RESOLVED, that the Marion Town Board accepts the resignation of Timothy Boerman, as of the Marion Highway Superintendent, 4258 Eddy Ridge Road, Marion, NY 14505; effective May 12, 2025; 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.

Resolution # 407-2025 Authorize Appointment of Timothy Boerman as Marion Highway Superintendent.

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:           Ayes: 5

Nays: 0

Long Roll:

Councilman Cramer –  Aye

Councilwoman Herman – Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was approved.

 

WHEREAS, pursuant to NYS Employees Retirement Systems section 212, the Marion Town Board may appoint Timothy Boerman to the vacancy of Marion Highway Superintendent; and

BE IT RESOLVED, that the Marion Town Board appoints Timothy Boerman, 4258 Eddy Ridge Road, Marion, NY 14505, as the Marion Highway Superintendent effective May 14, 2025 expiring on December 31, 2025; and

BE IT RESOLVED, that the Marion Town Board authorizes Health Insurance benefits to Timothy Boerman at a cost not to exceed $ 1,637.12 per month, pursuant to the Town of Marion Employee Handbook; and

BE IT RESOLVED, that the Marion Town Board authorizes the salary of this appointment to be paid bi-weekly at the rate of $2,675.54; and

BE IT FURHTER 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.

Resolution #408-2025 Approve Hydraulic Jack Packing on the Elevator at the Library

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

 

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

 

Nays:  0

 

The following resolution was approved.

 

WHEREAS, the Library Manager informed the Town Board that the elevator at Library needs the hydraulic jack packed; now

BE IT RESOLVED, according to the Town of Marion’s procurement policy Guideline 6 except when directed by the Town Board, no solicitation of written proposals or quotations shall be required if it is a sole source situation; and

BE IT RESOLVED, that the Library Manager has stated that the elevator company KONE, Inc. has only one vendor who supplies the parts needed; and

BE IT RESOLVED, the Marion Town Board approves a budget amendment to increase account #16204.01.000.042 in the amount of $3,466.14 utilizing unappropriated fund balance; and

BE IT RESOLVED, the Marion Town Board approves the hydraulic jack packing on the library elevator for an amount not to exceed $3,466.14 to be expensed out of 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 the Library Manager and the Principal Account Clerk.

 

Resolution #409-2025 Authorize Supervisor to sign Town of Marion Justices Audit Engagement Agreement

 

On a motion by Councilman Cramer and seconded by Councilwoman Herman

 

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

 

Nays:  0

 

The following resolution was approved.

 

 

BE IT RESOLVED, the Marion Town Board authorizes the Marion Town Supervisor to sign the Town of Marion Justices Audit Engagement Agreement with The Bonadio Group and;

 

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

Resolution #410-2025 Authorize Supervisor to begin Union Bargaining Negotiations

 

On a motion by Councilman Cramer and seconded by Councilman Lonneville

VOTE:                    Ayes: 2

Nays: 3

Long Roll:

Councilman Cramer –  Naye

Councilwoman Herman – Aye

Councilman Lonneville  – Naye

Councilwoman Taber – Naye

Supervisor Johnson – Aye

The following resolution was NOT approved.

 

 

BE IT RESOLVED, the Marion Town Board authorizes the Marion Town Supervisor to begin bargaining negotiations between the Town of Marion and the United Union of Roofers, Water proofers and Allied Workers, Local 22 Rochester, NY and;

WHEREAS, this agreement will be active for the term of two years starting January 1, 2026 and ending December 31, 2027 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, Marion Highway Superintendent, United Union of Roofers, Water proofers and Allied Workers, Local 22 Rochester, NY and the Account/Audit Clerk.

 

Resolution #411-2025 Authorize Town of Marion to Sign Lease Agreement with Wayne County Water & Sewer Authority

 

On a motion from Councilwoman Herman and Seconded by Councilman Cramer, this resolution was removed on a recommendation from the Town Supervisor.

 

BE IT RESOLVED, the Marion Town Board authorizes the Town of Marion to sign the Lease Agreement between the Town of Marion and the Wayne County Water & Sewer Authority, a public benefit corporation, with offices at 3377 Daansen Rd., Walworth, NY on behalf of the Marion Sewer District No. 1 and the Hamlet of Marion Sewer District and;

 

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

Resolution #412-2025 Authorize Marion Events Organization to use the Town of Marion Municipal Parking Lot

 

On a motion by Councilwoman Herman and seconded by Councilwoman Taber

 

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

 

Nays:  0

 

The following resolution was approved.

 

BE IT RESOLVED, the Marion Town Board authorizes the Marion Events Organization to use the Marion Municipal Parking lot located on North Main Street next to the Marion Elementary School on Saturday, April 26, 2025 and;

 

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

Resolution #413-2025 Authorize Re-Appointment of Assessor

 

On a motion by Councilman Cramer and seconded by Councilman Lonneville

VOTE:                    Ayes: 5

Nays: 0

Long Roll:

Councilman Cramer –  Aye

Councilwoman Herman – Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was approved.

 

BE IT RESOLVED, that the Marion Town Board authorizes re-appointing Michael Rados, as PT Assessor for the Town of Marion effective October 1, 2025 to September 31, 2031 to be paid bi-weekly from account 13551.01.000.030; also

 

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

 

Resolution #414-2025 Payment of Claims

 

On a motion by Councilman Cramer and seconded by Councilwoman Herman

 

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

 

Nays:  0

 

The following resolution was approved.

 

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                                                           $ 20,132.57

General                                                           $   4,012.80 Added on a motion from Councilwoman Herman and seconded by Councilman Lonneville and approved with all ayes.

Highway                                                          $ 21,323.23

Library                                                             $   2,648.23

Water                                                              $           0.00

Sewer                                                              $   5,800.85

Street Lighting                                                $   3,430.36

Regional WWTP                                               $278,535.00

Regional Water Storage Tank                         $ 58,811.00

Trust & Agency                                                 $   2,302.14

Total                                                                $396,996.18

 

Additional Citizen Comments:  Jeff Cragg commented that the Marion Sewer pump stations were updated in the past 5 years utilizing ARPA funds.  This will help with the transition to the new WCWSA Wastewater Treatment plant.

 

  1. Executive Session: On a motion from Councilman Cramer and seconded by Councilwoman Herman, the Town Board entered into executive session at 7:34 pm discuss the following at 7:5pm.
  1. The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation

The Board closed executive session at 7:47pm

With no further business, on a motion by Councilman Cramer and seconded by Councilman Lonneville, Supervisor Johnson closed the meeting at 7:48pm.

 

 

Next Meeting Dates:

 

  • Monday, April 28, 2025 @ 6:30pm

 

  • Monday, May 12, 2025 @ 6:30pm