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DRAFT 8.8.22 Town Board Meeting Minutes

DRAFT

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday, August 8, 2022

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, August 8, 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

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Absent:                        LaVerne Bliek, Councilman

IN PERSON ATTENDANCE:  Tim Boerman, Marion Highway Superintendent; Caryn Devlin, Town Historian; Caroline Grasso, Times of Wayne County; Cindy Amarando; Lonnie Levan; Jerry Hefley; Jen Hunter; Nancy Spinning; John Lonneville.

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.

Citizens Comments: 

Resident Jennifer Hunter spoke about her dissatisfaction with the Marion Summer Recreation program and the fact that the playground is closed to residents during the Summer Recreation hours.  Ms. Hunter stated she rode 2 miles on her bicycle with 8 children that she provides care for during the summer.  She was approached by a Summer Recreational counselor and was asked to leave.  Ms. Hunter suggested that a compromise could be reached so that all residents could use the playground and not just the Summer Recreational program children.  Ms. Hunter also stated that 80% of the school children are not allowed to use the playground equipment during the recreation hours.  The Town Board had signs made and placed at the Town Park stating that the main playground equipment area is closed during recreation hours.  This will be further discussed during the budget discussions for 2023.  The Town Board did state they feel it is for the safety of the children that during recreation hours that only recreation registered children can use the equipment.  For 2022, this is Monday – Friday 9am – 2:30pm July 9 thru August 17, 2022.

Discussion:

Marion United Church representatives Cindy Amarando, Jerry Hefley and Lonnie Levan spoke on their request to use ARPA funds.  The United Church is a historic building in the Town of Marion it provides community service by hosting Food Link each month that distributes food to those in the community who need it most. The United Church is requesting funds to paint, repair their parking lot and trim trees.  Councilman Lonneville supports this proposal and asked for a resolution to be added to the August 22, 2022 meeting.

Marion Historic Association spoke first regarding their proposal to lease the Town Museum in order to receive their charter from the State of New York.  Councilman Cramer questioned the lease and what would happen to the building if the Marion Historic Association ever dissolved.  The items in the museum would become property of New York State.  A resolution will be added to the August 22, 2022 meeting to adopt the lease agreement.

Councilman Lonneville spoke regarding the Pioneer Gas Engine Association tractor pulls and show that took place at the Marion Town Park July 23rd & 24th.  The show was attended by over 1,000 people.  The Marion Highschool German Club sold food and did an amazing job and made money for their scheduled trip to Germany.  Businesses in town such as Casa Mexicana, Dutchland and Dario’s saw an increase in their business as well.  Councilman Lonneville stated this is a great show and will continue to be with the help of the Town of Marion.

The Marion Events Organization has asked to use the Town’s electric for the Fall Festival that is being held on Saturday, September 10th.  The Town Board all agreed to this.

Supervisor Bender stated that a new Town Attorney will be needed starting January 2023.    Supervisor Bender only knows of two attorneys that specialize in Municipal Law.  Town Clerk, Heidi Levan offered to contact other Towns to ask who they use for their attorneys.

Heritage Baptist Church in Palmyra has asked the Town Board if the Town of Marion would allow them to play flag football in the Marion Town Park.  They would not be playing on the soccer fields, they would play in a part of the park that is not being utilized.  The Town Board agreed to this and asked that a Certificate of Insurance for Liability be provided to the Town.

Councilman Cramer would like to have a resolution added to the August 22, 2022 meeting to purchase new adult recreation equipment.

Town Business: 

  1. ARPA Funding – Councilman Lonneville gave an update on ARPA Funds projects.  The Parking path around the Town Park has been completed.  The sealing of this new path will be done in 2023.  Councilman Lonneville asked again if an estimate has been received from Decker Excavating for the drainage work that needs to be done at the town Park.  Highway Superintendent, Tim Boerman stated no estimate has been received yet.  Supervisor Bender asked Mr. Boerman to stop into the office on Monday to share the contact information for Mr. Decker.  The newly proposed parking lot on the west side of the park will not be done this year.  A decision will be made after the drainage work has been completed to decide if this new parking area is necessary.  Councilman Lonneville stated that the siding project at the town museum, Jennie’s House has been stared.  Councilman Lonneville thanked Jeff Cragg, for helping to organize the materials for this project.    Sidewalks by the Town Park main Pavilion are scheduled to be installed in September 2022.  Principal Account Clerk, Kathy Cauwels is working on the projected date to update the traffic light on Main Street and to finish the security system at the Town Park.  Tim Boerman stated that the Marion Highway Department will pave the parking area at the Highway barns next week.
  2. Town Projects – Councilman Lonneville stated that the Town Hall will have needed Stucco work done near the end of September.  The Mens bathroom at the Town Park should be completed by the Car Show that is taking place on August 20th.  The American Legion removed the refrigerator at the Town Park.  Boerman will move the Pioneer Gas Engine Show refrigerator into the kitchen at the Town Park this week.
  3. Basketball Courts – Councilman Lonneville asked what are we doing with the baseketball courts at the Town Park. They need to be resurfaced.  Boerman will get an estimate for this work.
  4. Letter Request for Mr. Barber from Drainage Committee – Councilman Lonneville asked if a letter has been sent yet on behalf of Mr. Barber. Supervisor Bender was not aware of this being done as of yet.  Supervisor Bender stated she will speak to Drainage Secretary, Eileen Steurrys this week.
  5. United Church of Marion – See discussion above.

Committee Reports:

Supervisor Bender:  Assessor, Zoning, Planning

Supervisor Bender stated that Wayne County Water & Sewer Director, Marty Aman would like to come and speak to the Town Board about the new joint wastewater treatment plant.  Supervisor Bender will make these arrangements.  Supervisor Bender also stated the Zoning Board did conduct business in July.  One zoning variance was granted.  Town Assessor, Dawn VanPatten is on vacation this week.  Supervisor Bender is going to speak to Assessor Clerk, Adrienne Compton to  discuss what hours are to be used for the Assessor’s office and what hours to be used for Planning & Zoning Board.

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

Councilman Bliek was not in attendance at the meeting however, Tim Boerman spoke on behalf of the Highway Department.  The Highway Department helped install the new playground equipment at the Town Park, paved the walking path at the Town Park, mowed roadsides, hauled brush and helped Ontario & Walworth with oil and stoning.

Councilman Lonneville:  Historian, Public Safety

Councilman Lonneville stated the plumbing is being completed at the Town Museum, Jennie’s House.  John Lonneville has been busy doing electrical work at Jennie’s house as well.  Historian, Caryn Devlin stated that Maresa Guidici volunteered 60 hours of work, doing her intern work for SUNY Geneseo, with Historian Caryn Devlin.  Ms. Devlin is very thankful for all the knowledge Ms. Guidici was able to provide to Ms. Devlin.

Councilwoman Herman: Parks, Recreation, Town Clerk, Library

Councilwoman Herman stated she will be meeting with Baseball coordinator, Ashley Tack to discuss the 2023 recreation budget. Councilwoman Herman also provided one estimate for replacing the roof at the storage garage in the Marion Cemetery.  Councilwoman Herman would like the repairs to be done from the ARPA funds.  Councilwoman Herman will get 2 additional estimates for this project.   Town Clerk, Heidi Levan spoke to the Town Board in regard to the Town’s Community Calendars.  Board members in the past have distributed the calendars monthly to local businesses however, currently only 2 board members are willing to distribute.  How does the Town Board wish to proceed with this monthly project?

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 has been advertised in the Times of Wayne County. Applications are due to the Town Clerk’s office by Friday, August 19th.  Councilman Cramer also asked again when an estimate will be received from Mr. Decker regarding the Town Park drainage. Councilman Cramer stated he feels without an estimate Mr. Decker has been donating his time to the Town of Marion for drainage work at the Town Park.

Correspondence:

Reports:

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

10.Sheriff                                                                                            July 2022

11.Historian                                                                                        NA

Resolutions:

  1. Approve Town Board Meeting Minutes July 6th, 11th, 12th, and 25th
  2. Receive and File all Correspondence/Reports for August 8, 2022
  3. Authorize 2022 Subsidiary Transfers
  1. Authorize to Accept Quote for Sealing of Parking Lots
  2. Authorize Public Hearing for a Local Law #1-2022 Entitled “Real Property Tax Levy Limit”
  1. Authorize Road Closure for Fall Festival September 7, 2022
  2. Authorize Closing of Streets within the Hamlet for the 2022 Fall Festival Running of the Bulls 5k race
  3. Authorize to Accept Quote from Suit-Kote Corporation to Pave Walking Path at the Town Park
  4. Award Proposal for Installing Siding on Addition at Jennie’s House
  5. Prepays 7/14/22 Payment of Claims
  6. Payment of Claims

Resolution #8022022 Approve Town Board Meeting Minutes July 6th, 11th, 12th and 25th

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves July 6th, 11th, 12th and 25th, Town Board meeting minutes.

Resolution #8032022 Receive and File all Correspondence/Reports for August 8th, 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 August 8th 2022.

Resolution #8042022 Authorize 2022 Subsidiary Transfer

 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 the following 2022 subsidiary transfer:

Move Expense from Museum Building Repairs to Buildings Renovations

Account #                                                                                Increase          Decrease

75204.01.000.042                                                                                           $299.25

16204.01.000.050                                                                   $299.25

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 #8052022 Award Proposal for Sealing of Parking Lots

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, 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

BE IT FURTHER RESOLVED The Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Chapple’s Sealcoating and the Principal Account Clerk.

Resolution #8062022 Authorize Public Hearing for a Local Law Entitled “Real Property Tax Levy Limit”

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 the Clerk of the Board to advertise in the legal newspaper for the Town of Marion as follows:

The Marion Town Board will hold a Public Hearing on September 12, 2022, @ 7:00 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for a proposed Local Law #1 – 2022 regarding the “Real Property Tax Levy Limit” as follows:

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 #8072022 Authorize Closing of Streets within the Hamlet for the 2022 Fall Festival

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board hereby requests the following streets to be fully closed to all traffic on Saturday September 10, 2022 from 7 a.m. – 6 p.m.

North Main Street from the South side of the Elementary School driveway

Buffalo Street across from the Town Hall

South Main Street, North of Mill Street

Maple Ave from the Marion Library to Main Street.

Buffalo Street at Route 21

Maple Ave at Union Street

BE IT FURTHER RESOLVED, that the Marion Town Board directs the Clerk of the Board to send a copy of this resolution to E911, Marion Fire Department, Western Wayne Ambulance, Marion Fire District, Brad Person, Marion Post Office, Wayne County Highway Department, Wayne County Sheriff, NYS Police Substation, Williamson, Chief Operator WWTP and Marion Highway Department, Marion School District Bus Garage.

Resolution #8082022 Authorize Closing of Streets within the Hamlet for the 2022 Fall Festival Running of the Bulls 5k race

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 hereby requests the following streets to be fully closed to all traffic on Saturday September 10, 2022 from 9 a.m. – 11 a.m.

North Main Street from East Williamson Road

South Main Street to Rt. 21

Union Street from Mill Street to North Main Street

Park Drive from North Main Street.

BE IT FURTHER RESOLVED, that the Marion Town Board directs the Clerk of the Board to send a copy of this resolution to E911, Marion Fire Department, Western Wayne Ambulance, Marion Fire District, Brad Person, Marion Post Office, Wayne County Highway Department, Wayne County Sheriff, NYS Police Substation, Williamson, Chief Operator WWTP and Marion Highway Department, Marion School District Bus Garage.

Resolution #8092022 Award Proposal for Paving Walking Path at the Town Park

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED:           Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  4

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Town of Marion will piggy back off the Wayne County Bid Book, Tim Boerman, Highway Superintendent obtained a quote to pave the walking path at the Town Park; and

BE IT RESOLVED, that the Marion Town Board awards the paving of the walking path to Suit-Kote not to exceed $35,642.63

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

Resolution #8102022 Award Proposal for Installing Siding on Addition at Jennie’s House

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:           Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Supervisor Bender – Aye

Ayes:  4

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, Ron Lonneville, Town Councilman obtained proposals to install siding on the addition of Jennie’s House; and

BE IT RESOLVED, that the Marion Town Board awards the installation of siding at Jennie’s House to Cornelius Construction with an amount not to exceed $30,600.00; and

BE IT RESOLVED, will be paid as follows:

2022 Budget:

75201.01.000.096 Building Improvements Addition-            $10,000.00

Per Board Resolution #8012022:

ARPA Funds

75201.38.000.096 Building Improvements Addition-            $20,600.00

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

Resolution #8112022 Prepays 7/14/22 Payment of Claims

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

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                                                   1205.11

Sewer                                                      1935.80

Street Lighting                                           130.63

Total                                                      $3271.54

 Resolution #8122022 Payment of Claims

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

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                                                 56237.86

Highway                                                16520.30

Library                                                     1554.96

Water                                                      2500.75

Sewer                                                      8207.91

Street Lighting                                         2157.00

Drainage                                                  1232.00

ARPA Funds                                           66380.88

Trust & Agency                                        2350.92

Total                                                  $157142.58

 Resolution #8132022 Award Bid to Doors Plus More

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

WHEREAS, Councilman Ron Lonneville, obtained proposals to install new door at the library; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Doors Plus More, not to exceed $5,954 to be expended out of various accounts in the General and Library funds; and

BE IT FURTHER RESOLVED the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Councilman Lonneville, Doors Plus More and the Principal Account Clerk.

Resolution #8142022 Award Bid to Dale Boerman

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, Councilman Ron Lonneville, obtained proposals to paint the new door at the library; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Dale Boerman, not to exceed $378.82 to be expended out of various accounts in the General and Library funds; and

BE IT FURTHER RESOLVED the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Councilman Lonneville, Dale Boerman and the Principal Account Clerk.

 Additional Citizen Comments

 

John Lonneville spoke and stated he supports the United Church of Marion getting ARPA funds.  He would hate to see another historic building lost in Marion and stated whoever asks for the money first should receive what is available.  Help those who you can.  Mr. Lonneville attended a program made possible by the Marion Historic Association about restoring and cleaning up old headstones.  Mr. Lonneville stated the Marion American Legion purchased the products necessary to clean up old veteran headstones that need to be cleaned.  Mr. Lonneville is also in favor of flag football at the Town Park. Mr. Lonneville also spoke about the Inflation Reduction Act and asked why Wayne County couldn’t get some federal funds to help support the new joint wastewater treatment plant?

With no further business, on a motion by Councilwoman Herman and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 8:28pm.

 Next meetings are scheduled for:

Meeting/Workshop:             Monday, August 22, 2022 @ 6:30pm

Meeting/Workshop:             Monday, September 12, 2022 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

 

Marion Town Board