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5.9.22 Town Board Meeting Minutes

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, May 9, 2022

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, May 9, 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, Highway Superintendent; John Lonneville; Caryn Devlin; Bill Gauthier.

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

Supervisor Bender next 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.

Town Business: 

Councilman Lonneville introduced Bill Gauthier from Jacomb Lighting.  Mr. Gauthier gave an overview of the EV charging stations that the Town of Marion is considering installing.  Mr. Gauthier answered many questions that were asked in regard to pricing, warranty, service, location and many other questions. If the Town of Marion decides to install charging stations, the turn around time from start to finish is approximately 1 year to complete the project.  The Town Board will decide the next steps to take in the near future.

Councilman Lonneville spoke next regarding ARPA funding.  Principal Account Clerk, Kathy Cauwels provided the Town Board with a spreadsheet stating what funds have been spent, which funds have been set aside and what funds remain available.  Mr. Lonneville asked Tim Boerman again for estimates regarding drainage projects at both the Town Park and Hall Center & Goosen Rd.  Mr. Boerman still needs to get estimates for these projects.

Councilman Lonneville next gave an overview of projects that are currently being done within the Town owned buildings.  The doors at the library will be installed the week of May 16th.  Councilman Lonneville next thanked the Marion Highway Department for getting the drain dug out at the Town Park for the new restroom.  Councilman Lonneville also thanked Jeff Cragg and Steve Taber for cleaning out the Town Park pavilion.  Councilman Lonneville also thanked Kim Williams and Heidi Levan for cleaning out the kitchen at the Town Park.  Councilman Lonneville suggested giving both Ms. Williams and Ms. Levan a stipend of $75 for their time and effort since this is not part of their regular salary.  The Town Board was in agreement to this suggestion.

Supervisor Bender shared a flyer she received for a Unity Festival that is being held Saturday, May 14th at Perkins Park in Newark starting at 10am.

Citizens Comments:

John Lonneville asked when the Hometown Hero banners will be installed.  Tim Boerman, Highway Superintendent stated the banners would be hung the week of May 22nd.

Committee Reports:                   

Supervisor Bender:  Assessor, Zoning, Planning

Supervisor Bender stated the Assessor’s office continues to be busy.  The tentative roll has been completed and Grievance day is Thursday, May 26th from 4 – 8pm.  The Planning/Zoning reports were provided to Town Board members in the meeting packets.

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

Councilman Bliek stated bids have gone out for the new joint wastewater treatment plant.  Councilman Lonneville asked Councilman Bliek when was the Wayne County Water & Sewer Authority going to give an update to all towns involved with this project?  Councilman Lonneville would also like Jeff Cragg to be invited to all meetings regarding this project.

Councilman Bliek asked Highway Superintendent to give a report in regard to the Marion Highway Department.  Mr. Boerman stated the plows have been taken off the trucks, cleaned, painted and put away for the summer and blue historic markers were installed for the Historian.  A question was raised as to who took care of the RFP’s for sealing the parking lots for the Town.  Mr. Boerman stated he did not take care of this process.  Councilman Bliek will check with Principal Account Clerk, Kathy Cauwels for more information.  Mr. Boerman also stated that Parker Rd & Arbor Rd will get new road surfaces this spring.

Councilman Lonneville:  Historian, Public Safety

Councilman Lonneville stated he would like Code Enforcement (CEO) taken off his list of committees.  Councilman Lonneville has been busy coordinating all of the town owned building improvement projects and is unable to devote time to the CEO position.

Councilman Lonneville thanked Dana Luckman for the donation of mulch that is being used at both the Town Park and the Town Museum (Jennie’s House).  Councilman Lonneville thanked the Marion Highway Department for picking up the mulch and spreading the mulch at the Town Park.  Councilman Lonneville next thanked Caryn & Mark Devlin for spreading mulch at Jennie’s House.  Another thank you to Peter Calahan for his continued work with hanging drywall and John Lonneville for interduct work both being done at Jennie’s House.

Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Councilwoman Herman stated no one has been hired yet for the Night Park Supervisor.  Councilwoman Herman asked to have this position reposted to the Town’s social media page.  Councilwoman Herman stated there is an outside piece of trim at the library that is coming off and needs to be replaced.  Library Directory, Tracy Whitney has spoken to Jeff Cragg about this issue.

Councilwoman Herman spoke next regarding the Park Town Park cleaner.  A resolution is being presented this evening to hire someone for this position.  The cabinet in the hallway of the main pavilion at the Town Park has cleaning supplies.  Councilman Lonneville stated that the refrigerator owned by the Pioneer Gas Engine Association should be moved into the hallway and not be in the main room of the pavilion.

Councilwoman Herman thanked Councilman Lonneville for working on getting the door fixed at the library.

Town Clerk, Heidi Levan stated the dog enumeration has started.  Ms. Levan also stated that Mark Plyter (Dog Control Officer) has issued 34 tickets for unlicensed dogs.  Court dates for those will be June 1 & June 8, 2022.  Ms. Levan also stated the new restaurant in town, Casa Mexicana now has a temporary wine & beer permit.  Ms. Levan is still working with Senator Helming and Assemblyman Manketlow to get a full liquor license.

Councilman Cramer:  Drainage, Judicial, Cemetery, Code Enforcement

Councilman Cramer stated that a drainage committee meeting will be taking place on June 9th at 7pm in the municipal room.

Councilman Cramer stated the courts have been busy and expect to be very busy in June with unlicensed dog tickets.

Councilman Cramer also stated for public safety, Clean Energy is a continued project the Town of Marion is working on and Principal Account Clerk, Kathy Cauwels has been busy benchmarking this project.

Correspondence:    None

Reports:

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

Resolutions:

  1. Approve Town Board Meeting Minutes April 11th, 18th and 25th
  2. Receive and File all Correspondence/Reports for May 9, 2022
  3. Authorize Highway Superintendent to Attend 2022 School for Highway Superintendents
  4. Authorize Town Board to Sign Agreement to Spend Highway Funds
  5. Authorize Refund for Building Permit
  6. Set Standard Workdays and Reporting for Elected Officials
  7. Amend Procurement Policy
  8. Accept Resignation of Irene Hansen Library Board Member
  9. Authorize Hiring Temporary Part-Time Secretary to CEO
  10. 10 Authorize Hiring Kayci Nevlezer as Park Pavilion Inspector and Cleaner for Park Bathroom
  11. Payment of Claims

Resolution #5012022 Approve Town Board Meeting Minutes April 11th, 18th and 25th, 2022.

On a motion by Councilman Lonneville and seconded by Councilman Cramer

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

Nays:  0

The following resolution was adopted

Resolution #5022022 Receive and File all Correspondence/Reports for May 9th, 2022

On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED:  Ayes:  5 Bender, Bliek, 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 May 9th 2022.

Resolution #5032022 Authorize Highway Superintendent to Attend 2022 School for Highway Superintendents

On a motion by Councilman Bliek and seconded by Councilman Cramer

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

Nays:  0

The following resolution was adopted

WHEREAS, the 77th Annual School for Highway Superintendents will be conducted at Ithaca College in Ithaca, New York on June 6-8, 2022.

THEREFORE BE IT RESOLVED, that the Marion Town Board authorizes Timothy Boerman, Town of Marion Highway Superintendent, to attend above mentioned School for Highway Superintendents, and

THEREFORE BE IT FURTHER RESOLVED, that the expenses incurred for registration, travel, lodging and meals will be paid by the Town of Marion and be appropriated from Account #A50104.01 at a cost not to exceed the budgeted amount.

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

Resolution #5042022 Authorize Town Board to Sign Agreement to Spend Highway Funds

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED:           Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

AGREEMENT TO SPEND HIGHWAY FUNDS

TOWN OF ___Marion   ______________

COUNTY OF ___Wayne________________

Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected for the repair of improvements on highways, and received from the state for repair and improvement of highways shall be expended as follows:

GENERAL REPAIRS.  The sum of $ 160,531.00   may be expended for general repairs upon  45.88 miles of town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof.

IMPROVEMENTS.  The following sums shall be set aside to be expended for the improvement of town highways:

(a)        On the road commencing at _VARIOUS TOWN HIGHWAYS__ ___________ And leading to __________________________, a distance of   __6_____miles,There shall be expended not over the sum of $_345,950.00__________________Type___RS-2 _____ Width of Traveled Surface ___ 21  ft.______________Thickness____________________ ___________ _______________________________________________________________________________________________________________________________________________________(b)  On the road commencing at ___________________________________________And leading to ___________________________, a distance of __________miles,          There shall be expended not over the sum of $____________________________Type ____________________ Width of Traveled Surface ___________________            Thickness_________________ Subbase_________________________________           ____________________________________________________________________________________________________________________________

(c)        On the road commencing at ___________________________________________ And leading to ___________________________, a distance of __________miles,

There shall be expended not over the sum of $____________________________ Type ____________________ Width of Traveled Surface ___________________            Thickness_________________ Subbase________________________________            ___________________________________________________________________________________________________________________________________

Moneys set aside for such improvements shall not be expended, nor shall any work be undertaken on such improvements, until the County Superintendent approves the plans, specifications and estimates for such construction.

This agreement shall take effect when it is approved by the County Highway Superintendent of Highways.

Executed in duplicate this _______ day of _____________, 2022.

______________________________________        _____________________________________

Supervisor                                 Town Justice – Councilman

_____________________________________        _____________________________________

Town Justice – Councilman                            Councilman

______________________________________        _____________________________________

Councilman                                         Councilman

______________________________________        _____________________________________

Councilman                                         Councilman

_____________________________________

Town Highway Superintendent

Foregoing agreement is hereby approved this _______ day of _________________, 20___________.

______________________________________

County Highway Superintendent

This agreement should be signed in duplicate by a majority of the members of the Town Board and by the Town Highway Superintendent.  Copies must be approved by the County Highway Superintendent.  One copy must be filed in the Town Clerks office and one in the County Highway Superintendent’s office.  COPIES DO NOT HAVE TO BE FILED IN ALBANY.

Resolution #505022 Authorize Refund for Building Permit

On a motion by Councilman Lonneville and seconded by Councilman Cramer

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

Nays:  0

The following resolution was adopted

 WHEREAS, Marshall Exteriors obtained a building permit to construct a porch at 5445 Route 21 on 2/3/22; and

WHEREAS, the homeowner Charles Catchpole Jr, sold his home, Marshall Exteriors is requesting a refund for the permit cost of $35; and

BE IT RESOLVED, the Marion Town Board authorizes a refund in the amount of $35; and

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

Resolution #5062022 Set Standard Workdays and Reporting for Elected Officials

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board hereby establishes the following as standard workdays for the following elected officials and will report the following days worked to the New York State and Local Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this board; and

Elected Officials

Title      Name   Standard   Term Begins/               Employer  Days/Months

Workday        Ends                      of Record          (based on                                                                                               of Time                   Record of                                                                            Time Worked                                Activities)

(Y/N)

Town Justice    Samuel Bonafede       6                       1/1/22-12/31/25   N                  1.50

Town Council   Michael Cramer         6                1/1/22-12/31/25     N                          .75

Town Council   Julie Herman              6                1/1/22-12/31/25     N                          .75

Highway Superintendent     Timothy Boerman  8      1/1/22-12/31/25      N            26.63

Town Clerk/Tax Collector    Heidi Levan             7      1/1/22-12/31/25      N            21.05

AND BE IT RESOLVED, the Marion Town Board directs the clerk of the board to certify and file the appropriate paperwork with the New York State and Local Retirement System and post said resolution on the website for the Town of Marion and on the bulletin board at the Marion Town Hall for 30 days; and

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 #5072022 Amend Procurement Policy 

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

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

Nays:  0

The following resolution was adopted

WHEREAS, the Town of Marion amends the Procurement Policy to include the following:

It is the policy of The Town of Marion to encourage minority and female-owned small businesses to bid on contracts and open market purchases.

This policy applies to all procurement and contract activities of The Town of Marion.

“Minority or female-owned small businesses” means a business enterprise:

That is independently owned and operated, formed for the purpose of making a profit, and has fewer than 100 employees or less than $1,000,000 in annual gross receipts.

  1. At least 51% of which is owned or controlled by one or more socially and economically disadvantaged persons who are socially disadvantaged because of their identification as members of certain groups, including women, black Americans, Mexican-Americans and other Americans of Hispanic origin, Asian Americans, and American Indians.

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 #5082022 Accept Resignation of Irene Hanson from Marion Public Library Board

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

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

Nays:  0

The following resolution was adopted

WHEREAS, Irene Hansen has submitted her resignation as Library Board Member effective May 1, 2022; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Irene Hansen effective May 30, 2022; and

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

Resolution #5092022 Authorize Hiring Temporary Part-Time Secretary to the CEO

This resolution was tabled on a motion by Councilman Bliek and seconded by Councilwoman Herman

BE IT RESOLVED, that the Marion Town Board authorizes hiring Annette Lange as temporary part-time secretary to the CEO for a maximum of 5 hours per week at the rate of $16.00 per hour to be appropriated from Account #80101.1.0.102, not to exceed budgeted amount; and

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

Resolution #5102022 Authorize Hiring Kayci Nevlezer as Park Pavilion Inspector and Cleaner for Park Bathroom

 On a motion by Councilwoman Herman and seconded by Councilman Bliek

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

Nays:  0

The following resolution was adopted

 BE IT RESOLVED, that the Marion Town Board authorizes hiring Kayci Nevlezer as Park Pavilion Inspector and Cleaner for the Park Bathrooms at a rate of $16.02 per hour with a minimum of 1 hour of pay for each inspection and cleaning of the bathrooms; and

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

Resolution #5112022 Payment of Claims

 On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED:  Ayes:  5 Bender, Bliek, 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                     18,795.61

Highway                                               15,172.74

Library                                                    1,442.16

Water                                                            0.00

Sewer                                                     3,133.77

Street Lighting                                               0.00

Drainage                                                    550.00

Arbor Road                                             2,523.00

ARPA                                                    10,689.85

Trust & Agency                                       2,443.44

Total                                                   $54,750.57

Additional Citizen Comments:

John Lonneville suggested that the old railroad track located in front of the main Town Park pavilion be repurposed and used for a border for the new concrete sidewalk being installed.  Mr. Lonneville also suggested the sidewalk go around the building making it more handicap accessible.

 On a motion by Councilman Cramer and seconded by Councilman Bliek, the Town Board went into Executive Session at 8:35pm to discuss the employment history of a particular person.  The Executive session closed at 9:01pm on a motion from Councilman Cramer and seconded by Councilwoman Herman.

With no further business, on a motion by Supervisor Bender and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 9:01pm.

 Next meetings are scheduled for:

Meeting/Workshop:                   Monday, May 23, 2022 @ 6:30pm

Meeting/Workshop:             Monday, June 13, 2022 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

 

 

 

Marion Town Board