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12.27.21 Town Board meeting minutes

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, December 27, 2021

A Town Board year end meeting of the Town of Marion, Wayne County, NY was held on Monday, December 27, 2021 at the Marion Municipal Room.

Supervisor Bender called the meeting to order at 3 pm with a roll call done by Heidi Levan, Clerk of the Board.

PRESENT:                     LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Deborah Smith, Councilwoman

Jolene Bender, Supervisor

Joan Fisher, Councilwoman

Absent:

IN PERSON ATTENDANCE:  Samuel Bonafede, Town Justice; Paul Bender, Town Justice; Timothy Boerman, Town Highway Superintendent; Julie Herman, Town Councilwoman elect; Mike Cramer, Town Councilman elect; Jeff Herman.

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

The meeting started with Town Clerk, Heidi Levan asking Samuel Bonafede to stand and take his new Oath of Office.  Mr. Bonafede was elected as Town Justice for a term of office starting January 1, 2022 and ending December 31, 2025.

Judge Bonafede then asked the following individuals to stand and take their Oath of Office.

Jolene Bender –  Supervisor starting January 1, 2022 and ending December 31, 2023.

Heidi Levan – Town Clerk starting January 1, 2022 and ending December 31, 2025.

Timothy Boerman – Highway Superintendent starting January 1, 2022 and ending December 31, 2025.

Julie Herman – Councilwoman starting January 1, 2022 and ending December 31, 2025.

Michael Cramer – Councilman starting January 1, 2022 and ending December 31, 2025.

All newly elected officer Oath of Offices were completed before January 1, 2022.

Citizens Comments:

No one signed up to speak.

Town Business: 

Supervisor Bender thanked outgoing Councilwomen Joan Fisher and Debbie Smith for their 4 years as Town Councilwomen.  Both ladies will be missed.

Councilman Lonneville, on behalf of the Marion Town Board, thanked the Marion Fire Department, Marion Historic Association and Marion NY Community Betterment Organization for their amazing work for the Marion Holiday parade that took place on Saturday, December 18, 2021.  It was a great parade with lots of people attending and participating.

Councilman Lonneville, on behalf of the Marion Town Board, also thanked the Marion Events Organization for their 2nd annual Holiday Lights/Decoration contest.  Many residents and businesses participated.  The town looked fabulous and festive.

Councilman Lonneville next stated he would be working with the drainage committee and highway department to make drainage improvements at the Marion Town Park.  Councilman Lonneville also stated that ARPA funds can be used for new oil and stoning the driveway around the park.

Councilman Lonneville stated he has been working with Principal Account Clerk, Kathy Cauwels on securing the DASSYN grant from Senator Helming that started with former Senator Nozzolio.

Correspondence:

Resolutions:

  1. Authorize appointment of Ashley Tack as 2022 Baseball/Softball/Soccer Coordinator
  2. Authorize appointment of Kathryn Pentland as 2022 Volunteer Basketball Coordinator
  3. Authorize appointment of Travis DeLyser as 2022 Volunteer Adult Basketball Coordinator
  4. Authorize appointment of McKayla Gordon LeFever as 2022 Summer Recreation Director
  1. 2021 Establishing Energy Benchmarking Requirements for Certain Municipal Buildings
  2. Approve agreement for a Two-Year Union Contract  
  3. Payment of Claims

Resolution #12122021 Authorize Appointment of Ashley Tack as 2022 Baseball/Softball/Soccer Coordinator

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes hiring Ashley Tack as a Part-Time Seasonal Employee, 2022 Baseball/Softball Coordinator appropriated from Account 73101.01.000.192 at remuneration of $1700.00 to be paid in 6 payrolls; and

BE IT RESOLVED, that the Marion Town Board authorizes hiring Ashley Tack as a Part-Time Seasonal Employee, 2022 Soccer Coordinator appropriated from Account 73101.01.000.191 at remuneration of $1600.00 to be paid in 8 payrolls; and

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

Resolution #12132021 Authorize appointment of Kathryn Pentland as 2022 Volunteer Basketball Coordinator

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes appointing Kathryn Pentland as a 2022 volunteer coordinator for basketball; and

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

Resolution #12142021 Authorize appointment of Travis DeLyser as 2022 Volunteer Adult Basketball Coordinator

On a motion by Councilwoman Fisher and seconded by Councilman Bliek

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes appointing Travis Delyser as a 2022 volunteer coordinator for adult basketball; and

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

Resolution #12152021 Authorize Appointment of McKayla Gordon LeFever as 2022 Summer Recreation Director

On a motion by Councilwoman Fisher and seconded by Councilman Bliek

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes hiring as a Part-Time Seasonal Employee, McKayla Gordon Lefever as the 2022 Summer Recreation Director appropriated from Account 73101.01.000.083 at remuneration of $16 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 McKayla Gordon LeFever and the Principal Account Clerk.

Resolution #12162021 2021 Establishing Energy Benchmarking Requirements for Certain Municipal Buildings

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

WHEREAS, buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and

WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Town of Marion is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and

WHEREAS, the Marion Town Board desires to use Building Energy Benchmarking – a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings – to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Marion; and

WHEREAS, the Marion Town Board desires to establish procedure or guideline for the Town of Marion staff to conduct such Building Energy Benchmarking; and

NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted.

BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES

  • 1. DEFINITIONS

(A) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

(B) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.

(C) “Commissioner” shall mean the head of the Department.

(D) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Marion that is 1,000 square feet or larger in size.

(E) “Department” shall mean the Supervisor’s Office.

(F) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

(G) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

(H) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.

(I) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

(J) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.

(K) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.

(L) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been

  • 2. APPLICABILITY

(1) This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy.

(2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical.

  • 3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS

(1) No later than May 1, 2017, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy 3 consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.

(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year.

  • 4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION

(1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than September 1, 2017, and by September 1 of each year thereafter for Covered Municipal Buildings; and

(2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information:

(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and

(b) For each Covered Municipal Building individually:

(i) The status of compliance with the requirements of this Policy; and

(ii) The building address, primary use type, and gross floor area; and

(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and

(iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building.

  • 5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.
  • 6. ENFORCEMENT AND ADMINISTRATION

(1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy

(2) The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy.

(3) Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Marion Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the 4 benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy.

  • 7. EFFECTIVE DATE

This policy shall be effective immediately upon passage.

  • 8. SEVERABILITY

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

The vote on the foregoing resolution was as follows:

Jolene Bender, Supervisor                          _______________________________

Laverne Bliek, Town Board Member         _______________________________

Ronald Lonneville, Town Board Member _______________________________

Deborah Smith, Town Board Member      _______________________________

Joan Fisher, Town Board Member             _______________________________

This resolution was adopted December 27, 2021

Resolution #12172021 Approve Agreement for a Two-Year Union Contract  

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Councilwoman Fisher – Aye

Supervisor Bender – Aye

The following resolution was adopted

WHEREAS, the Town and the Union have reached a tentative Two Year agreement to the Union Contract effective January 1, 2022, thru December 31, 2023, subject to ratification and approval for terms and conditions of employment representing a successor to the agreement that expires on December 31, 2021; and

WHEREAS, the Union has notified the Supervisor that it has ratified the terms of the Two-Year agreement to the Union Contract; now

THEREFORE, upon the recommendation of the Supervisor it is:

  1. RESOLVED, that the Town Board hereby ratifies the terms of the tentative agreement for a Two

Year Union Contract; and

  1. IT IS FURTHER RESLVED, that the Town of Marion does hereby approve the necessary funding to

Implement the terms of the collective negotiating agreement between the Town of Marion and

United Union of Roofers Waterproofers & Allied Workers, Local 22; and

BE IT RESOLVED, that the Town of Marion directs the Clerk of the Board to give a copy of this resolution to the United Union of Roofers Waterproofers & Allied Workers, Local 22, Marion Highway Department and the principal Account Clerk.

Resolution #12182021 Payment of Claims

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED:  Ayes:  5 Smith, Lonneville, Bender, Fisher, 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                                                 10969.67

Highway                                                  7621.04

Library                                                         57.29

Sewer                                                      3191.29        

Street Lighting                                             30.50

Drainage                                                    555.00

NW Phase I                                                  50.00

Total                                                      $22474.79

With no further business, on a motion by Councilman Bliek and seconded by Councilwoman Smith, Supervisor Bender closed the meeting at 3:26pm.

Next meetings are scheduled for:

Meeting/Workshop:               Monday, January 3, 2022 @ 6:30pm

Meeting/Workshop:             Monday, January 10, 2022 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

 

Marion Town Board