We're currently closed.

7.11.22 DRAFT Town Board Meeting Minutes

DRAFT

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday July 11, 2022

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday July 11, 2022 at the Marion Municipal Room.

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

PRESENT:                     Jolene Bender, Supervisor

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Absent:                        LaVerne Bliek, Councilman

IN PERSON ATTENDANCE:  Tim Boerman, Highway Superintendent & Kathy Cauwels, Account Clerk

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

Supervisor Bender stated she would not read the following statement because there are no additional citizens in attendance.

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.

Citizens Comments:  None

Town Business: 

ARPA Funds: Councilman Lonneville mentioned that The American Legion, through documented hardship, is requesting funds to replace flooring.  At this time, two quotes have been received and they are waiting on a third. ARPA funds are also being looked into for a GPS system at the Wastewater Treatment Pump Stations. Councilman Cramer will ask Chief Operator, Jeff Cragg to request quotes. Account Clerk, Kathy Cauwels provided a report about the what the County is proposing to use their ARPA Funds for.

Councilman Cramer talked about the success of the Adult Rec program recently started by Barb Schoonerman and Joan Fisher.  They are off to a great start with 30-40 participants between the Games for Seniors at the Library, Pickleball at the High School and Cornhole at the Town Park.  A big thank you to Lollypops and Polka Dots for their donation of 2 full sets of Cornhole boards.  The Adult Rec program would like to continue year-round with Cornhole and Pickleball and is looking for a place to play.  They also are requesting donations for equipment.  Councilman Lonneville suggested using the money in the budget that was allotted to the NY Betterment Organization.  That group is no longer active.

The first Live Music at the Fireman’s Field was July 7th featuring The Dean’s List band.  They put on a terrific show and had a great turnout.  Live Music will continue on each Thursday night in July from 6:30 – 8:30 pm at the Fireman’s Field.

Supervisor Bender mentioned that she had received a request by a religious group asking the Town to allow witnessing at the Town Park.  The board discussed that this is a gray area as far as the topic of soliciting and peddling. The Board is respectfully declining the request as they didn’t feel families needed to be interrupted during summer soccer.

The NYS DEC gave approval of plans for the Regional WWTP.

Councilman Lonneville gave an overview of the current Town of Marion projects being worked on.

Library – Doors Plus More will be providing an estimate to install the library door.  This will just be for installation.  Painting would still need to be done.  The Town will ask Clingerman Painting, who is working on other Town projects to give a quote.  Tim Weis has matched the green paint color before and could also supply a quote for painting.

Town Hall – The Town Hall roof repairs began today (July 11th).  Work is being done by Highland Contractors of Western NY.  They are realizing it will be a more involved job than anticipated.  A chimney needs to be moved and additional work orders will be supplied. An estimate to repair the stucco on the Town Hall was given by TSW Masonry for $32,500.00.  After the roof and stucco jobs are completed, then the awnings can be hung.

Town Park – Installation of the security cameras have undergone three date changes. Tuesday July 12th is the expected installation date now. The Dust to Dawn light at the park entrance needs to be replaced.  The light is out and currently not working.  Councilman Lonneville asked Tim Boerman to please have it fixed this week.  It definitely needs to be working for the upcoming Pioneer Gas Engine Show later this month.  Councilman Lonneville also asked Tim Boerman about a ditching estimate from Decker Excavating.  Mr. Boerman stated that Councilman Bliek should be working on getting that.  Tucker’s Drywall completed hanging drywall in the park bathroom.  Painting will be next.  The new playground was installed today (July 11th). Councilman Lonneville wanted to confirm that the Town received the correct number of equipment pieces for the money spent. Playground pieces need to adhere to new safety zones and be spread further apart.  The playground cost included equipment, installation and special mulch.  Tim Boerman will be removing the old railroad track edging at the Town Park and bring it to the Marion Museum.  Parking lot sealing was mentioned and will be placed on the agenda for the next Town Board meeting.

Committee Reports:                   

Supervisor Bender:  Assessor, Zoning, Planning

Supervisor Bender stated the Assessor’s office has been working hard on organizing the office and going through old files. Supervisor Bender and Councilman Lonneville will be meeting with Assessor VanPatten on July 25th.  Supervisor Bender spoke next in regard to the Planning & Zoning Boards.  Members of each Board are getting their required training done.

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

Councilman Bliek was absent, however other board members and Highway Superintendent Tim Boerman gave reports. The Highway Department has been busy oil and stoning several roads in Marion as well as cutting shoulders and mowing roadsides.  The Highway Department also helped out the County and the Town of Williamson recently on projects.  The grass mowing at the Town Park has slowed down due to lack of rain.  Only 2 applications were received for the Town of Marion Highway job posting.  Tim would like to advertise again for the position.  A special Town Board meeting will be held Tuesday July 12th at 3:00 pm to authorize The Times of Wayne County to run another ad.

Councilman Lonneville:  Historian, Public Safety

There will be a presentation hosted by Gene Bavis at the Hall Center Road Cemetery on Saturday July 16th at 10:00 am titled “Caring for Cemetery Gravestones”.  He will discuss the best ways to clean and repair headstones.  The traffic light in the center of Town will be getting an upgraded control box provided by Caccamise Electric. LED lights will also be installed which should last longer than the traditional bulbs.  It was mentioned that with the new control box, the traffic light may be scheduled to go on blinker after 9:00 pm in the future.

 Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Councilwoman Herman stated the Marion Library will once again have a storybook walk around at the Town Park this summer.  Library Director, Tracy Whitney hopes to have the signs in place within a week.  Free Yoga is back at the Marion Library on Saturday Mornings this month from 9:00 – 10:30 am. Summer Recreation started today at the Town Park.  At first there was some concern about restroom availability and contractors working in the main pavilion when children arrived.  Supervisor Bender and Councilwoman Herman went to the park and met with Recreation Director McKayla Gordon-LeFevre.  The situation was soon rectified and the first day went well.  The Town Clerk’s office has been busy taking in payments for summer soccer, summer rec, water and sewer payments as well as new dog registrations.

Councilman Cramer:  Drainage, Judicial, Cemetery, Code Enforcement

Councilman Cramer stated the courts were busy once again for the month of June with traffic violations and dog fines. The Dog Enumeration letter campaign was successful.  Justices Bender and Bonafede both issued dog fines for delinquent dog licenses.

Recently hired Code Enforcement Officer, Chris Valcore was mentioned.  It was stated that there was a lack of communication from all parties in regards to his schedule, hours and required training.  Councilman Cramer asked Councilwoman Herman to talk about the Marion Cemetery. The water at the cemetery was recently temporarily shut off due to a leak and also a broken spigot.  The roof on the storage garage needs replacing. The foundations are being done by Senecal Memorials from Palmyra.  They do a great job but are expensive. What used to cost $1,000.00 when we did our own now costs $6,000.00 for boxing, digging and filling.  The Marion Cemetery is maxed out on prices to charge the consumer.  A loss was incurred of $4,000.00 in 2020 and $7,000.00 in 2021. A recurring factor in the loss of revenue is cremations are now more prevalent and they bring less revenue.  Councilwoman Herman informed the Town Board that tentatively the Marion Cemetery Association will dissolve in December 2023 and the Town of Marion will take over in January of 2024.

Correspondence:    None

Reports:

  1. Town Clerk June 2022
  2. Accounting
  3. Money Market June 2022
  4. Operating Statement July 2022
  5. Trial Balance June 2022
  6. Marion Fire District June 2022
  7. Assessor                                                                                                June 2022
  8. Code Officer NA
  9. Library June 2022
  10. Dog Control June
  11. Justice
  12. Bonafede                           June 2022
  13. Bender June 2022
  14. Planning/Zoning Board June 2022

10.Sheriff                                                                                            June 2022

11.Historian                                                                                        April-June

Resolutions:

  1. Approve Town Board Meeting Minutes June 13th and 27th
  2. Receive and File all Correspondence/Reports for July 11, 2022
  3. Resolution #3 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection
  4. Authorize Highway Superintendent to attend 93rd Annual NYS Association of Town Superintendents of Highways Conference
  5. Authorize appointment of Night Park Supervisor for the 2022 Soccer Season
  6. Authorize Supervisor to Sign Letter of Support for Grant Submission on Behalf of the Regional WWTP
  7. Authorize 2019 Subsidiary Transfers
  8. Payment of Claims

Resolution #7012022 Approve Town Board Meeting Minutes June 13th and 27th

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves June 13th and 27th, Town Board meeting minutes.

Resolution #7022022 Receive and File all Correspondence/Reports for July 11th, 2022

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for July 11th 2022.

Resolution #7032022 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes: 4

Abstained: 0

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to have Supervisor Bender sign this agreement; and

BE IT Resolved that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Marion Central School, Heidi Levan; Town Clerk, and Principal Account Clerk; Kathy Cauwels.

INTERMUNICIPAL AGREEMENT

Between the

Marion Central School District and Town of Marion

for Tax Collection Services

 This agreement (“Agreement”) for tax collection services is made as of __________, 2022, between the Marion Central School District, with offices located at 4034 Warner Road, Marion, NY 14505 (hereinafter the “School District”) and Town of Marion, with offices located at 3823 North Main Street, Marion, NY 14505 (hereinafter the “Town”).

RECITALS

             WHEREAS, the School District wishes to have the Town provide tax collection services to the School District for the 2022-2023 fiscal year; and

WHEREAS, the Town agrees to provide the tax collection services to the School District for the 2022-2023 fiscal year pursuant to the terms of this Agreement; and

WHEREAS, the Parties are authorized to enter into cooperative agreements pursuant to Article 5(G) of the General Municipal Law of the State of New York to cooperatively exercise their respective powers; and

NOW, THEREFORE, In consideration of the mutual covenants and promises of the parties, the School District and the Town agree as follows:

  1. Purpose.

 

The Town and the School District enter into this Agreement in an effort to be

more efficient and cost effective for their respective taxpayers.

 

  1. Term of Agreement.

 

This Agreement is valid for the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2022 – June 30, 2023 (the “Term”).

 

  1. The Town’s Duties.

 

The Town shall perform the following duties in connection with the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2022 – June 30, 2023:

 

  1. Receive tax payments from residents and third party entities (mortgage holders);

 

  1. Report tax payments to Wayne County through Munis;

 

  1. Turn over tax payments with a daily summary report to School District’s appointed tax collector.

 

(collectively “Tax Collection Services”)

 

  1. The School District’s Duties.

 

The School District will pay the Town Two Thousand Two Hundred Dollars ($2,600) for Tax Collection Services upon completion of the responsibilities described in Section 3 herein.  The School District shall also perform the following duties:

 

  1. Develop and Mail Tax Bills;

 

  1. Retrieve tax payments from Town;

 

  1. Reconcile to Town’s summary report;

 

  1. Make deposits to School District Bank account.

 

  1. Compliance with Law.

 

The Town and School District agree to comply in all respects with the Real Property Tax Law, Town Law, Education Law and all other applicable law governing the Tax Collection Services.

 

  1. Mutual Indemnification.

 

            Each party (for purposes of this Paragraph, the party of the first part shall be referred to as the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party (for purposes of this Paragraph, the party of the second part shall be referred to as the “Indemnified Party”) from and against: (a) any and all liability arising out of the Indemnifying Party’s failure to comply with the terms of this Agreement, and any injury, loss, claims, or damages arising from the negligent operations, acts, or omissions of the Indemnifying Party relating to or arising out of such party’s performance of its obligations under this Agreement; and (b) any and all costs and expenses, including reasonable legal expenses, incurred by or on behalf of the Indemnified Party in connection with the defense of such claims.  Notwithstanding the foregoing, no party shall be liable to any other party hereunder for any claim covered by insurance, except to the extent of any deductible and to the extent that the liability of such party exceeds the amount of such insurance coverage.

 

  1. Miscellaneous Provisions.

 

7.1.      Assignment.  Neither party may assign this Agreement or any of its rights or obligations hereunder.

 

7.2.      Modification.  This Agreement may be amended only in writing agreed to and signed by the Parties.

 

7.3.      Counterparts.  This Agreement may be executed in one or more counterparts

each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

 

7.4.      Warranties.    By entering into this Agreement, each party warrants and represents to the other that this Agreement is within its lawful powers, that this Agreement has been approved by its governing board in compliance with all applicable laws and procedures, that all approvals necessary for its execution, delivery and performance by such party have been obtained, that no litigation is pending or to its knowledge threatened regarding its execution, delivery or performance of this Agreement and that this Agreement is lawful and binding upon it in accordance with its terms.

 

7.5.      Governing Law and Venue.   This Agreement shall be governed by and construed in accordance with the laws of the State of New York.  Monroe Town, New York, shall be the venue of any action or proceeding arising from or related to this agreement.

 

7.6.      HeadingsParagraph headings have been provided for convenience of reference only and shall not control, affect the meaning or be used in the interpretation of any provisions of this Agreement.

 

7.7.      Severability.  If any provision of this Agreement or the application thereof to any person or circumstances, is adjudged invalid by a court of competent jurisdiction, the Commissioner of Education or other administrative agency, such judgment or ruling shall not affect or impair the validity of the other provisions of the Agreement or the application thereof to other persons and circumstances.

 

  1. Complete Agreement.

 

The Parties agree that this document represents the full, final and complete Agreement in this matter.

 

  1. Board Approval.

 

The Agreement is subject to approval by each party’s respective board.  The Agreement shall be effective on the date of execution by both parties set forth below, upon which date the Town’s reimbursement obligations under this Agreement shall commence.

 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written.

 

MARION CENTRAL SCHOOL DISTRICT

 

By:  ______________________________                Date:  ________________________

 

Its:  _______________________________

 

TOWN OF MARION

 

By:  ______________________________                Date:  ________________________

 

Its:  _______________________________

Resolution #7042022 Authorize Highway Superintendent to attend 93rd Annual NYS Association of Town Superintendents of Highways Conference

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes Timothy A. Boerman, Highway Superintendent, to attend the 93rd Annual New York State Association of Superintendents of Highways Conference to be conducted at the Holiday Valley Resort, Ellicottville, New York, on Tuesday, September 20, 2022 through Friday, September 23, 2022, and

BE IT RESOLVED, that expenses incurred for registration, travel, lodging and meals be paid by the Town of Marion from Account #A50104.01.000.016 at a cost not to exceed budgeted amount, and

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

Resolution #7052022 Authorize Appointing Gabriel Gruttadaurio as Night Park Supervisor for 2022 Soccer Program

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes hiring Gabriel Gruttadaurio, as the Night Park Supervisor for 202 Soccer Program at remuneration of $25 per night to be paid via voucher and appropriated from account 73101.01.000.082; and

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

Resolution #7062022 Authorize Supervisor to Sign Letter of Support for Grant Submission on Behalf of the Regional WWTP

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

 WHEREAS, Wayne County Water and Sewer Authority is submitting a grant for the Regional WWTP; and

BE IT RESOLVED, the Town Board authorizes the Supervisor to sign a letter support for this endeavor; and

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

Resolution #7072022 Authorize 2022 Subsidiary Transfer

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the following 2022 subsidiary transfer:

Move Expense for Building Improvement – Addition

Account #                                                                                Increase          Decrease

75204.01.000.096                                                                                           $316.01

75204.01.000.042                                                                   $316.01

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 #7082022 Payment of Claims

 On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:  Ayes:  4 Bender, Lonneville, Herman, Cramer

Nays:  0

The following resolution was adopted

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

BE IT RESOLVED, that the Supervisor is hereby authorized to pay said claims upon receipt of the signed abstracts of audited claims from the Town Clerk.

Abstract                     

General                                                22,466.39

Highway                                             170,280.11

Library                                                    1,534.35

Water                                                            0.00

Sewer                                                     3,710.04

Street Lighting                                               0.00

Drainage                                                        0.00

NW Quadrant Phase I                                 25.00

ARPA Funds                                          79,248.07

Trust & Agency                                       3,046.72

Total                                                 $280,310.68 

 The Board went into executive session to discuss the employment history of a particular person on a motion by Councilwoman Herman and seconded by Councilman Cramer at 8:00 pm.

With no further business, on a motion by Councilwoman Herman and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 9:00 pm.

 Next meetings are scheduled for:

Meeting/Workshop:                     Monday, July 25, 2022 @ 6:30pm

Meeting/Workshop:                     Monday, August 8, 2022 @ 6:30pm

_____________________________________________

Kimberly A. Williams, Deputy Clerk of the Board

 

 

Marion Town Board