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9.12.22 Town Board Meeting Minutes

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, September 12, 2022

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, September 12, 2022 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:                     Jolene Bender, Supervisor

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Absent:

IN PERSON ATTENDANCE:  Tim Boerman, Marion Highway Superintendent; Caryn Devlin, Town Historian; Jeff Cragg, Chief Operator, Marion Sewer Department; Joan Fisher; Cindy Amarando; Lonnie Levan; Jerry Hefley; Heath Smith, Greg Bell, Jerry Smith; Chip Levan; Frank Halstead.

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.

Public Hearing:

Town Supervisor Bender opened the public hearing at 6:30pm by asking the Clerk of the Board to read the Public Hearing legal notice.  Supervisor Bender explained the Tax Cap Levy Override.  Supervisor Bender asked everyone in the audience if anyone had questions or concerns 3 times before closing the public hearing at 6:39pm.

Citizens Comments:  Joan Fisher spoke regarding the 2023 budget and adult recreation. Ms. Fisher stated that Pickleball has been a huge success and would like to thank the Marion School District for allowing adult recreation to play indoors for the fall and winter in the Marion Elementary School. The adult recreation also played cornhole this summer and will resume in the spring of 2023.  Ms. Fisher has asked the Town Board to add a line in the 2023 budget for adult recreation for $1,000.  Ms. Fisher would also like to see a newsletter sent to all Marion residents regarding adult recreation.  Clerk of the Board, Heidi Levan will look into this and get that information back to Ms. Fisher and the Town Board.  Ms. Fisher also thanked the Town Board for paving the walking path around the Town Park.  It looks awesome.

Members of the Marion United Church asked once again for ARPA funds to be used to paint the outside of the church.  The church sent a letter to Town Board members stating all the uses of the church that were not religious events, many of them benefited the Town of Marion.  Supervisor Bender stated that she spoke to two different people at the county and in their opinion, the Town should not use ARPA funds on the painting of the church.

Discussion:

Councilman Lonneville thanked Judy Casler and all of the volunteers from the Marion Events Organization for a very successful Fall Festival.  Over 80 vendor booths and lots of visitors helped to make this the biggest event in years.  Councilman Lonneville thanked 6 Marion High School seniors who worked to earn their community service hours needed for graduation as well as Tim Boerman, Jeff Cragg, Heidi Levan, Chrissy Nelson, the Marion Public Library, Marion Fire Department and all of the local Marion businesses.  Councilman Lonneville also thanked Brad Person for allowing the Marion Events Organization to use golf carts for the event.  Councilman Lonneville also stated that Assemblyman Brian Manktelow attended the event and had some great ideas for the future.

Councilman Lonneville next spoke in regard to ARPA funds. Hadley Fab Weld has the trash cans and park benches done for the Marion Town Park.  The siding at the Marion Museum (Jennie’s House) is now complete.  The new Sidewalk at the Town Park will be poured in late September / early October now that the drainage work for that piece of the project is complete.  The storage barn roof at the Marion Cemetery will be done this fall. Councilman Lonneville would also like to see the painting done at the Marion United Church.

Councilman Lonneville spoke next regarding some land owned by Nutrien that is beside the Marion Town Park and utilized by the Pioneer Gas Engine Association.  The Town of Marion is hoping to possibly own this property for Town of Marion events.

Councilman Lonneville next stated that the parking lots at the Library, Town Park and two Municipal parking lots will be re-sealed in late September.

Councilman Cramer thanked Councilman Lonneville for his endless work at getting the new library door installed.

Councilman Lonneville next asked if there are any updates on the drainage work that needs to be done at Mr. Barber’s home.  Supervisor Bender stated that Councilman Bliek, Steve Taber (Marion Highway Department), herself and Mr. Barber met and a determination was made that drainage work needs to be done.  A culvert needs to be replaced and the ditches need to be cleaned up.  Mr. Barber is getting bids to have this work done and will report back to the Marion Town Board.  Financing for this project will be taken from the Drainage budget.  Councilman Lonneville asked to have a Drainage meeting set up for late September / early October.

Tim Boerman, Highway Superintendent stated that he will call for a stake out of the drainage work that needs to be done on the corner of Hall Center & Goosen Roads this week.

Committee Reports:

Supervisor Bender:  Assessor, Zoning, Planning

Supervisor Bender stated that the Assessors office has been busy and work will start in December 2022 for the 2024 re-evaluation on properties.  The housing market is still high and houses are selling well above the assessed value.  Town Clerk, Heidi Levan stated that the Marion Hometown Hero Banners have started a Phase 4 and applications are now available at the Town Clerk’s Office.  Supervisor Bender asked Zoning Board Chairman, Gregg Bell if there was anything he would like to report on and he stated the Zoning Board has been very slow.

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

Councilman Bliek asked Tim Boerman, Highway Superintendent to speak.  Mr. Boerman introduced Heath Smith who is being hired this evening as the new MEO position at the Highway Department.   The Town Board welcomed Mr. Smith to the Town of Marion.  Mr. Boerman also stated that the Highway Department has been busy mowing roadsides and helping other towns with projects.  Mr. Boerman also thanked the Marion Town Board for use of ARPA funds to pave the Marion Highway Department.  Councilman Bliek next spoke regarding the new Joint Wastewater Treatment Plant project being done by Wayne County Water & Sewer Authority.  More funding for this project has been requested and the bids are being resent in for each different area of the project.  Councilman Bliek asked Mr. Boerman to get quotes to resurface the Tennis Court at the Marion Town Park.  Mr. Boerman will work on that this week.

Councilman Lonneville:  Historian, Public Safety

Councilman Lonneville spoke regarding the Marion Museum, Jennie’s House.  The chimney that is no longer in use is leaking and causing damage inside the museum.  The chimney is no longer needed and needs to be removed.  A resolution will be presented this evening and Councilman Lonneville would like to use contingency funds to have the chimney removed before more damage is done.  Councilman Lonneville stated the museum was well received during the Fall Festival with many people walking through the museum.  Visitors were happy that the bathroom is now fully functionable.  Councilman Lonneville also stated he is working on the new sidewalk project on North Main Street between the Marion Elementary School driveway and Cemetery Drive.

Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Councilwoman Herman stated she didn’t have much information regarding the Marion Library to report except that Tracy Whitney, Library Director, is very happy that the new door has finally been installed.  Ms. Whitney is also disappointed that damage has been done to the Story Walk signs at the Marion Town Park.  Councilwoman Herman also stated that she will be meeting soon to speak to Ashley Tack regarding Soccer & Baseball programs for 2023.  A question was raised regarding Fall Ball, Councilwoman Herman stated that there is Fall Ball.  Resident, Joan Fisher spoke up and stated that Fall Ball is being done with Williamson Recreation Department this year.

Councilman Cramer:  Drainage, Judicial, Cemetery, Code Enforcement

Councilman Cramer stated the Marion courts have been busy.  Councilman Cramer stated that the Marion Code Enforcement Officer position is open and 4 applications have been received.  Two of the applicants do not qualify to take the Code Enforcement Officer exam.  Councilman Cramer stated he felt that the advertisement in the paper should be rerun.  Councilman Cramer next asked if the drainage work at the Town Park still needs to be done and if any estimates have been received from Decker Excavating and when will the project get done.  Councilman Bliek stated that no estimates have been received.

Reports:

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

10.Sheriff         August 2022

11.Historian                  July/August

Resolutions:

  1. Approve Town Board Meeting Minutes August 4th, 8th and 22nd
  2. Receive and File all Correspondence/Reports for September 12, 2022
  1. Amend Resolution #8052022 Award Proposal for Sealing of Parking Lots
  2. Adopt Local Law #1-2022 Entitled “Real Property Tax Levy Limit”
  1. Authorize Highway Superintendent to hire Heath Smith at the Highway Department as an MEO
  2. Authorize the Supervisor to sign the lease agreement with Marion Historic Association for Jennie’s House
  1. Authorize the Allocation of ARPA Funds to the Marion United Church to paint building at the premises located at 3848 North Main Street, Marion NY
  2. Authorize the Allocation of ARPA Funds to the Marion Cemetery Association for the Purpose of Repairing the Roof on the Garage at the Premises Located at 3911 North Main Street, Marion NY
  1. Authorize Bricks Blocks and Stones Masonry Specialists to Remove the Chimney at Jennie’s House
  2. Authorize a Survey to be Completed on Property Owned by Nutrien on North Main Street Next to the Town Park for the Purpose of the Town Possibly Obtaining a Strip of Land to be Utilized by the Pioneer Gas Engine Show Tractor Pulls
  3. Accept Resignation of Christopher Valcore as Code Enforcement Officer
  4. Payment of Claims

Resolution #9012022 Approve Town Board Meeting Minutes August 4th, 8th and 22nd 

 On a motion by Councilman Lonneville and seconded by Councilwoman 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 August 8th and 22nd Town Board meeting minutes.

Resolution #9022022 Receive and File all Correspondence/Reports for September 12th, 2022

On a motion by Councilman Bliek and seconded by Councilwoman Cramer

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

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 September 12th 2022.

Resolution #9032022 Amend Resolution #8052022 Award Proposal for Sealing of Parking Lots

On a motion by Councilman Lonneville and seconded by Councilman Cramer

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

BE IT RESOLVED, that the Marion Town Board awards the application of the driveway sealing to Chapple’s Sealcoating, not to exceed $9070.95 to be expended out of various accounts in the General and Library

WHEREAS, Chapple’s Sealcoating is unable to complete the job this season, the Town Board awards Seal-Right Co. to seal the Town of Marion parking lots as follows:

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 be expensed out of various accounts; and

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

Resolution #9042022 Adopt #1-2022 Local Law Entitled “Real Property Tax Levy Limit”

 On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board Adopts Local Law #1-2022 “Real Property Tax Levy Limit”:

Section 1.  Legislative Intent

It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Marion pursuant to General Municipal Law §3-c, and to allow the Town of Marion to adopt a budget for the fiscal year 2023 that requires a real property tax levy more than the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority

This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by the vote of sixty percent (60%) of the town board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Marion, County of Wayne, is hereby authorized to adopt a budget for the fiscal year 2023 that requires a real property levy more than the amount otherwise proscribed in General Municipal Law, §3-c.

Section 4. Severability

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person,  individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State.

Resolution #9052022 Authorize Hiring MEO Full Time Employee at the Marion Highway Department

On a motion by Councilman Bliek and seconded by Councilman Lonneville

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, Timothy Boerman, Highway Superintendent for the Town of Marion has recommended hiring a MEO full time employee; now

BE IT RESOLVED that the Marion Town Board accepts said recommendations and authorizes hiring Heath Smith, 3318 Goosen Road, Marion, NY 14505 effective September 13, 2022, at remuneration of $22.91 per hour: and

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

Resolution #9062022 Authorize the Supervisor to sign the lease agreement with Marion Historic Association for Jennie’s House

 On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Town of Marion received a lease agreement proposal for Jennie’s house from the Marion Historic Association and also a bill of sale; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the lease agreement and the bill of sale; and

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

Resolution #9072022 Authorize the Allocation of ARPA Funds to the Marion United Church to paint building at the premises located at 3848 North Main Street, Marion NY

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Naye

Councilwoman Cramer – Naye

Councilwoman Herman – Naye

Supervisor Bender – Naye

Ayes:  1

Abstained:  0

Nayes:  4

The following resolution was not passed.

WHEREAS, the Town of Marion received ARPA funds from the Federal Government; and

WHEREAS, ARPA funds can be allocated to non-profit entities; and

WHEREAS, the Marion United Church provided documentation to show hardship due to the COVID epidemic and 3 estimates; and

BE IT RESOLVED, that the Marion Town Board allocates $10,995 (Mac Stringer Painting) of ARPA funds to the Marion United Church for the purpose of painting the building at the premises located at 3848 North Main Street, Marion NY; and

BE IT RESOLVED, when the job is complete, the Marion United Church will provide a receipt to the Town of Marion; and

BE IT FURTHER RESOLVED, The Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Marion United Church and the Principal Account Clerk.

Resolution #9082022 Authorize the Allocation of ARPA Funds to the Marion Cemetery Association for the Purpose of Repairing the Roof on the Garage at the Premises Located at 3911 North Main Street, Marion NY

On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Abstained

Supervisor Bender – Aye

Ayes:  4

Abstained:  1

Nayes:  0

The following resolution was adopted

WHEREAS, the Town of Marion received ARPA funds from the Federal Government; and

WHEREAS, ARPA funds can be allocated to non-profit entities; and

WHEREAS, the Marion Cemetery provided documentation to show hardship due to the COVID epidemic and 2 estimates; and

BE IT RESOLVED, that the Marion Town Board allocates $7,683 (Kanga Roof) of ARPA funds to the Marion Cemetery Association for the purpose of repairing the garage roof at the premises of 3911 North Main Street, Marion NY; and

BE IT RESOLVED, when the job is complete, the Marion Cemetery Association will provide a receipt to the Town of Marion; and

BE IT FURTHER RESOLVED, The Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Marion Cemetery Association and the Principal Account Clerk.

Resolution #9092022 Authorize Bricks Blocks and Stones Masonry Specialists to Remove the Chimney at Jennie’s House

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the chimney is in disrepair at Jennie’s House and is leaking on the interior ; and

BE IT RESOLVED, that the Marion Town Board authorizes Bricks Blocks and Stones Masonry Specialists to Remove the Chimney at a cost not to exceed $3,700 to be expensed from the Contingent Account; and

BE IT FURTHER RESOLVED, directs the Clerk of the Board to give a copy of this resolution to Ronald Lonneville, Bricks Blocks & Stones Masonry Specialists, and the Principal Account Clerk

Resolution #9102022 Authorize a Survey to be Completed on Property Owned by Nutrien on North Main Street Next to the Town Park for the Purpose of the Town Possibly Obtaining a Strip of Land to be Utilized by the Pioneer Gas Engine Show Tractor Pulls

On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED:       Long Roll:

Councilman Lonneville – Aye

Councilman Bliek – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Pioneer Gas Engine Show has shown interest in the Town of Marion to obtain a strip of property owned by Nutrien for the purpose of the Tractor Pulls; and

BE IT RESOLVED, that the Marion Town Board authorizes a survey to be completed; and

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

Resolution #9112022 Accept Resignation of Christopher Valcore as Code Enforcement Officer

On a motion by Councilman Cramer and seconded by Councilwoman Herman

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

Nays:  1 Bliek

The following resolution was adopted

WHEREAS, Christopher Valcore has submitted his resignation as the Code Enforcement Officer effective 9/26/2022; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Christopher Valcore as Code Enforcement Officer; and

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

Resolution #9122022 Payment of Claims

 On a motion by Councilman Lonneville 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: 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                                                 26757.80

Highway                                                16380.37

Library                                                     1435.00

Sewer                                                      5403.91

Drainage                                                    950.00

ARPA Funds                                           10000.00

Trust & Agency                                        1970.64

Total                                                    $62897.72

 

Additional Citizen Comments:

 Members of the Marion United Church stated they were very disappointed with the defeat of the resolution to use ARPA funds for painting of the church.  Councilman Lonneville asked them to get more information and re-present it to the Town Board, at that time a new resolution can be presented for a vote.

 On a motion from Councilman Lonneville and seconded by Councilwoman Herman, the Town Board went into executive session at 7:55pm to discuss the history of a specific employee.

With no further business, on a motion by Councilwoman Herman and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 8:15pm.

 Next meetings are scheduled for:

Meeting/Workshop:             Monday, September 26, 2022 @ 6:30pm

Meeting/Workshop:             Tuesday, October 11, 2022 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board