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Town Board Meeting minute 6-14-2021

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday June 14, 2021

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday June 14, 2021 at the Marion Municipal Room and via Zoom on-line conference.

Supervisor Bender called the meeting to order at 6:30 pm with a roll call done by Kathleen Cauwels, Principal Account Clerk.

PRESENT:                     Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Deborah Smith, Councilwoman

Jolene Bender, Supervisor

Absent:                        None

IN PERSON ATTENDANCE:  John Lonneville, Caryn Devlin, Judy Casler, Joyce Bliek, Lynn & Nancy Marone, Mike Cramer, Daniele & Bill Coon, Julie Herman, Jennifer Williams, Sarah Roegiers, Jeff, Cragg, Tom Salviski, Chrissy Nelson, Duane Smeatin, Tim Cleary.

Via Zoom Angela Patterson and Timothy Boerman

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

Town Business Discussion:

 Supervisor Bender read a statement regarding citizens comments as follows:

I have decided that we, the Marion Town Board, need to change up a part of the way we conduct our Town Board Meetings.    I have added a new line item on the agenda, Citizen comments.  We need to have a little bit more control of the meeting.   After the Pledge of Allegiance, I have added a Citizens Comment Section, so that our guests can make statements, ask questions or give opinions.

When we move forward with the agenda it is the Town Boards time to talk and there will not be interjections from our guests.  If those present refuse to comply with this new procedure.  I will ask them to leave the meeting and if they refuse to leave the meeting, I will call 911 and ask for assistance.

If you would like to talk with me, outside of the meetings.  Most days I am available Monday through Friday, from 9:00 am to 4:30 pm with a lunch in the middle of the day.  Everyone is welcome to call me or stop into the Town Hall.  My job requires me to be at the County at various times to take care of my obligations there as well, so I would advise, but not necessary to give me a call-in advance.  My Town Office phone number is 315-926-4272.

Hopefully, this new agenda item will assist us in running a more cohesive Town Board Meeting.   Thank you for your cooperation.  Jody

Caryn Devlin:  Stated that she did not understand if citizens comments were before any discussion, for example item #2 on the agenda, insurance for the Marion Event’s Organization many people were at the meeting to speak about this.

Supervisor Bender stated that any discussion becomes the responsibility of the Town Board and that she is available most days Monday – Friday if anyone needs to talk with her about concerns.

Insurance Requirement Discussion

Tim Cleary:  His main goal is to protect the Town of Marion as he is the insurance agent for the Town of Marion.  He then spoke and stated in his opinion, any organization that uses Town property should have a contract between the Town and the organization.  The rental form should have certain verbiage that will protect the Town.

Caryn Devlin:  Stated that craft shows she has attended, did not require insurance.

Tim Cleary:  Gave the scenario of if someone got hurt at an event and sues for $3,000,000 and the Marion Event’s Organization is covered up to $1,000,000 the other $2,000,000 has to come from somewhere they will then turn around and sue the Town because it is on Town property.

Julie Herman:  Stated that multi-level marketing vendors are covered under the company insurance policy.  She also stated that with the environment we have these days, is completely different than it was 30 years ago as far as people suing.

Caryn Devlin:  No, it is not, I just did.

Julie Herman:  I’m sorry I won’t argue with you.  The climate in the insurance industry has changed drastically.  It changes every year.  If a vendor and, Marion Events Organization have coverage there are layers in place.  Any good attorney will pull in all layers.

Caryn Devlin:  Why didn’t you inform Judy that it is recommended that vendors have their own policy?

Julie Herman:  We highly recommend that vendors have insurance that is all we can do.  We cannot make it mandatory.

Bill Cooney spoke about the Gas Engine Organization and presented a copy of their insurance policy.  He then stated that anyone involved in the Gas Engine show cannot participate unless they are a member of the organization.  The moment the piece of equipment is off the participants trailer it then is covered by the organization’s insurance.

Judy Casler asked the question to Mr. Cooney, do all your vendors have to have insurance?  Mr. Cooney stated that they do not require vendors to have their own insurance, however, they do need to be a member of the Gas Engine Organization therefore they are covered under the Gas Engine insurance policy.

Julie Herman:  We could amend the Marion Events Organization insurance policy to include a membership rider.

Caryn Devlin:  Judy and I have always been very conscientious about covering all the bases.  On our application form we have a statement that vendors sign that states they do not hold the Town of Marion liable for anything that happens.

Tim Cleary:  That is a good start.

Angela Patterson:  Fairport and Williamson do not require vendors to have insurance.

Deborah Smith:  If we require this for the Marion Events Organization, then it needs to go across the board.  Anytime there is an event on Town property this will need to be a requirement.

Julie Herman:  It is up to the Town of Marion as to whether vendors must have individual coverage.

Caryn Devlin:  I just want to ask, how far is this practice going to go senior citizens, Legion.

Tim Cleary:  Any vendor, Organization needs to add the Town of Marion as an additional insured.  You want to take as much liability off the Town as possible.

Joan Fisher:  If the Town does not require vendors to have insurance, does that make it a possibility for NYMIR to not renew us?

Tim Cleary:  That is a possibility.  When NYMIR does a loss control and sees that there are several events happening and you are not trying to limit your risk, then yes.

Councilman Ronald Lonneville read the following:

Marion Events Organization Positive Feedback

The Marion Events Org. has an incredibly positive impact for the Town of Marion.

They would like to thank the Town of Marion for being a lead sponsor for their events.

The Events Org. had a highly successful Spring Market in May with a great turnout and vendor sales.

Next was the Town wide garage sale on June 5th.

27 homes signed up for the garage sale and many other residents piggy-backed off from them.

The word is out, and many residents want to join in next year.

Feedback indicated that people came from many other Towns and Counties.

This event was also a great benefit to our Town businesses like Lollipops & Polkadots and Dutchland Foods.

The Ribilious Food truck also sold out as they went from the Museum to Finn’s.

At our last Town Board meeting, it was mentioned that the scheduled July music nights were in conflict with youth soccer.  We are certainly happy for the kids to play soccer.

The good news is that the Marion Fire Dept. has stepped up so we will be holding the 4 music nights at the original Marion Town Park by the Fire Dept.

The Fireman’s Auxiliary will be serving Engine Cups (come see what they are) at one of the events as a fund raiser.  It is so good to see our Town working together at these events.

The Fall Festival will be held on Sept. 11th with many of the vendors, food trucks, craft beer and music already signed up.

The Christmas market will be held Dec. 4th.

This is what our Town should be all about as we work to move Marion in a positive direction for our residents and businesses.

Committee Reports:

Supervisor Bender:  Town Clerk

Supervisor Bender gave the Town Clerk report. Busy doing dog licenses, notarizing and other business.

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

Councilman Bliek stated that the MRB Group approached the Town to see if we would like to get put on the list for Federal grants to replace water lines in the Hamlet of Marion.  He stated it will cost between $500 and $1000.

Regional sewer plant is moving forward and WCWSA will be going out for bids next month.

Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith spoke next regarding a loose dog on Erotus and Mill Street and stated she is working on it.

Theresa Ryan is doing a great job and the Court heard 51 cases last month.

The Library Is moving forward with Tales and Tails summer programs.  Tracy asked if she could put a sign at the park to encourage people to walk or ride to the Library.

Councilwoman Smith is not sure what is going on with the newsletter and has been in contact with the vendor that the Town Board chose.

She is also in contact with the vendor the Town Board chose to install the Library door.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher stated that she was contacted by a mom that was wondering if the Town Board would be willing to sponsor a fall baseball team.  The Board agreed it would be fine.

Councilwoman Fisher also stated that summer soccer signups are going very well.  She does have someone that is willing to step up and be a night park supervisor for the soccer season.  She will stop into the Town hall to fill out her application.

Assessor said Grievance Day was held on May 27th and was uneventful.

A question was asked about the bathrooms in regard to when someone rents a pavilion do they have use of the bathrooms.

Councilwoman Fisher stated that the Town Board will discuss opening the indoor facility at the next board meeting.

The baseball fencing will probably not be done until the end of July.

Councilman Lonneville:  Historian, Zoning & Planning.

Councilman Lonneville stated that Duane has been working over at the Museum.  Waiting for Grandpas to finish the flagpole for the memorial display.

Ron and Angela are working on getting the Planning and Zoning Board to be a combined board.

Caryn Devlin mentioned an approval for a marker for Elias Durfee to be placed in front of the stone house on Rt 441 he played a big roll in the Town of Marion.

Tim Boerman:  Highway Superintendent – Highway

Mr. Boerman stated that the Marion Highway Department has been mowing road sides and the park.  Resurfaced White Road.  Raised the catch basins in the parking lot next to the Museum.  Prepared the baseball fields for the 2021 season.  Put the flags and banners up borrowing the bucket truck from Walworth.  Ron asked if there were any flags left because there isn’t a flag on the Town hall.

Lawn restoration on Witherden Road should be done this month.

A resident asked about Smith Road drainage issue and Bliek stated that is a County Road and she will have to call the County.


  1. None


  1. Approve May 10th and 24th Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for June 14th, 2021
  3. Amend Time Clock Policy
  4. Request for Time Off Slips
  5. Payment of Claims

Resolution #6012021 Approve May 10, 2021, Town Board Meeting Minutes

On a motion by Councilman Bliek and seconded by Councilwoman Smith


Resolution #6022021 Receive and File all Correspondence/Reports for June 14th, 2021

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

ADOPTED     Ayes 5

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 June 14th 2021.

Resolution #6032021 Amend Time Clock Policy

Councilwoman Smith stated that she does not understand why we do not use the Time Clock Policy already in place.

On a motion by Councilman Lonneville and seconded by Councilwoman Fisher

ADOPTED         Ayes 5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye


Nays 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board amends the Time Clock Policy:

Effective June 14, 2021 the Town of Marion Time Records Policy will be revised as follows:

Punch the time clock:

Highway, Court Clerk, Deputy Town Clerk, School Crossing Guard, Park Night Supervisor, Park Cleaner, Recreation Staff, Office Cleaner

Employees that need to hand in time sheet:

Zoning & Planning Board Clerk, Code Enforcement Officer, Principal Account Clerk, Wastewater Treatment Plant Operator

3 Month Calendar:

Historian, Town Board Members, Assessor, Town Clerk, Justices

Stipend paid via voucher:

Planning and Zoning Board members, Board of Assessment Review

Seasonal Salary no timecard required:

Baseball/Softball, Basketball, Volleyball, Soccer Coordinator

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to all employees.

Resolution #6042021 Request for Time Off slips

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

ADOPTED     Ayes 5

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Nays 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board requests that all employees fill out a time off slip for vacation days and doctor appointments for prior approval as follows effective June 14, 2021:

Town Clerk:

Deputy Town Clerk

Town Supervisor:

Principal Account Clerk, Code Enforcement Officer, Wastewater Treat Plant Operator

Town Highway Superintendent:

Highway Crew

Town Justice:

Court Clerk

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to all affected employees.

Resolution #6052021  Authorize MRB Group to Prepare and a Submit a Project Listing to the the New York State Department of HealthDrinking Water State Revolving Fund 

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

ADOPTED     Ayes 5

Nays 0

The following resolution was adopted

BE IT RESOLVED, that the Town Board authorizes MRB Group to prepare and submit a Project listing to the New York State Department of Health Drinking Water State Revolving Fund to be put on the list for future projects for the Town of Marion.

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

Resolution #6062021 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED     Ayes 5

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.

Prepay Abstract

General                                                  1,305.03

Library                                                       105.83

Sewer                                                     1,996.52

Street Lighting                                           135.08

Total                                                     $3,542.46        


General                                                25,216.75

Highway                                             142,609.78

Library                                                    1,084.78

Water                                                            0.00

Sewer                                                     8,578.17

Street Lighting                                        2,152.79

Drainage                                                    780.00

Regional Sewer Plant                         110,282.00

Trust & Agency                                       2,273.73

Total                                                       292,978.00  

 Clerk of the Board, Heidi Levan was on vacation.  Kathy Cauwels took notes for this meeting.

 With no further business, on a motion by Councilwoman Smith and seconded by Councilwoman Fisher, Supervisor Bender closed the meeting at 8:40pm.

Next meetings are scheduled for:

Meeting/Workshop:                   Monday, June 28, 2021 @ 6:30pm

Meeting:                                           Monday, July 12, 2021 @ 6:30pm


Kathleen Cauwels, Substitute Clerk of the Board