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Town Board Meeting minute 8-24-2020

TOWN BOARD Meeting Notes

Marion Town Park

Monday, August 24, 2020

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

Monday, August 24, 2020 at the Marion Town Park.

Supervisor Bender called the meeting to order at 6:24pm.  This meeting was conducted using social distancing at the Marion Town Park due to the COVID-19 social distancing restrictions.

PRESENT:         Debbie Smith, Councilwoman

Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Jolene Bender, Supervisor


OTHERS IN ATTENDANCE: Caryn Devlin, Town of Marion Historian.

Supervisor Bender asked for a roll call.  Supervisor Bender asked everyone who could stand to please do so and recite the pledge of allegiance to the American flag.  Supervisor Bender next welcomed everyone to the meeting.

Town Business: 

Councilman Lonneville reported that there needs to be drainage work done at the museum (Jennie’s House).  This will fall under the Drainage committee.

Councilman Lonneville also stated that on September 7th, the sidewalk project on Main Street between Maple Ave and Mill Street will begin.

Councilman Lonneville reported next on the Marion Event Organization and their summer program’s, Music in the Park.  These events were held at the Marion Town Park on Thursday evenings in July and August.  Social distancing and masks were required.  The events were very well attended.  The last event on August 13th draw over 200 attendees.  Thank you to the Marion Events Organization and Judy Casler for their hard work and effort for these events.  The Marion Events Organization will meet in September to plan their 2021 events.

Supervisor Bender spoke next regarding the trees that were given to the Town of Marion from the Wayne County Soil & Water.  The trees were not watered and all the trees died and were in turn mowed off by the Highway Department.  Supervisor Bender was very upset and contacted the Wayne County Soil & Water who will provide 7 new trees to the Town of Marion.  These trees will get planted in the fall.

Supervisor Bender spoke next regarding scheduling 2021 budget meetings workshops. After a discussion with the Board members the following workshops were scheduled.

Monday, August 31, 2020 to discuss Library & WWTP (sewer) budget

Monday, September 14. 2020 to discuss the General Fund

Monday, September 21, 2020 to discuss the Highway Department & Drainage District

Monday, September 28, 2020 to have the tentative budget ready.

Councilwoman Smith spoke next regarding the Marion Library.  The Library needs new doors.  Councilwoman Smith will speak to Tracy Whitney, Library Director, to get estimates for the doors.

Supervisor Bender spoke next regarding a few tractor trailers that park on Mill Street.  The homeowners called the County Highway Department to complain.  Supervisor Bender will ask the homeowner to place no parking signs on their barn to prevent parking.

Town Clerk, Heidi Levan spoke next regarding the building on Main Street that burnt in a fire.  The owner of the building asked if the Town of Marion would be interested in buying the building for $10,000.  The Board discussed this, and all agreed that they are not interested in the building.

Supervisor Bender spoke next regarding the CDBG projects.  All projects need to be complete, vouchers submitted, and payments processed before September 10, 2020.

Supervisor Bender shared with the Town Board that resident and former employee, Tom Hunter offered to make a new sign for the Marion Town Park.  This will be a donation to the Town.

Town Clerk, Heidi Levan next read a letter from Boy Scout letter leader, Tim Holahan.  Mr. Holahan would like to hold Boy Scout meetings at the Marion Town Park in the indoor pavilion.  The Town Board gave him permission to use the pavilion.  They have asked Mr. Holahan to make sure all surfaces are cleaned after each use.

Citizens Comments:

Town Historian, Caryn Devlin spoke next.  Ms. Devlin spoke about the Pomeroy Historic markers that will be placed around the hamlet of Marion.  These signs are part of a grant program and valued at $1,140.  Each sign comes with a pole and hardware.  The Highway Department will help install these signs when they have been received by Ms. Devlin.


  1. Schedule Public Hearing for proposed Regional Water Storage Improvement Area
  2. Payment of Claims

 Resolution #8092020 In the Matter of the Proposed Establishment of a Regional Water Storage Improvement Area in the Town of Marion, Wayne County, New York, Pursuant to Article 12-C of the

Town Law

On a motion by Councilman Lonneville and seconded by Councilwoman Smith

ADOPTED:       Long Roll:

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Fisher – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

Ayes:  5

Abstained:  0

Nayes:  0

The following resolution was adopted

WHEREAS, the Town Board of the Town of Marion (“Town”) has proposed to create the Regional Water Storage Improvement Area (“Improvement Area”) of the Town of Marion pursuant to Article 12-C of the Town Law; and

WHEREAS, the Wayne County Water and Sewer Authority (“Authority”), together with the Town of Arcadia, Town of Huron, Town of Lyons, Town of Marion, Town of Sodus and Town of Williamson (collectively “Participating Municipalities”), are in need of enhanced water supply, water storage, fire protection, redundancy, resiliency and related services; and

WHEREAS, in lieu of working independently to meet these needs, the Participating Municipalities discussed and memorialized their intent to work together cooperatively with the Authority to develop regional water storage tank improvements, together with related pump station and transmission system improvements, that would meet their collective needs pursuant to a Memorandum of Understanding Regarding The Wayne County Water And Sewer Authority 2017 Regional Water Storage Project (“Joint Water Project”), entered into and effective as of June 23, 2017, which Agreement was revised and extended by Addendum No. 1 dated as of December 30, 2017 and subsequently amended and restated by Agreement dated as of September 1, 2019 (collectively, “MOU”).   The MOU is on file at the Town Clerk’s Office and is available for public inspection during regular business hours; and

WHEREAS, the agreement between the Participating Municipalities set forth in the MOU was memorialized in the Regional Water Storage System Improvements and Services Agreement with exhibits (“Intermunicipal Agreement” or “IMA”), dated and effective January 1, 2020.  The IMA is also on file at the Town Clerk’s Office and is available for public inspection during regular business hours; and

WHEREAS, pursuant to the IMA, the Authority will design, procure and finance regional water storage tank improvements, pump station improvements, transmission mains, water lines and other related improvements (collectively “Improvements”) and the Authority will construct and operate the Improvements, except that the Town of Williamson will construct and operate certain Improvements within the geographic limits of the Town of Williamson; and

WHEREAS, the maximum cost of the Improvements (“Project Costs”) is estimated to be $10,500,000.  The Authority will finance the Project Costs through a combination of grants and notes, bonds, or loans obtained through the issuance of one or more series of revenue bonds and/or revenue bond anticipation notes authorized by the Authority.  Pursuant to the terms of the IMA, the Authority will charge an annual Service Fee to each Participating Municipality consisting of a capital charge payable by each Participating Municipality, whose pro rata share and associated Service Fee will be based on its number of EDU’s, as re-evaluated annually by the respective Town Assessors.  The annual cost per EDU, which is anticipated to appear as a Regional Water Storage Capital Charge on User’s Town property tax bills; and

WHEREAS, the Participating Municipalities will pay the Service Fee on a pro rata basis as determined by the number of equivalent dwelling units (“EDU”) benefitting from the Improvements in each participating Municipality.  The Town of Marion’s pro rata share of the Service Fee for 2021 is 22.07%, as shown on Exhibit C of the IMA; and

WHEREAS, the Participating Municipalities have agreed to a common definition of EDU for the purpose of determining their respective pro rata share, as set forth in Exhibit A of the IMA; and

WHEREAS, the purpose of the proposed Improvement Area is to facilitate the allocation and collection of each Participating Municipality’s pro rata share of the Service Fee among users of the Improvements; and

WHEREAS,  users of the Improvements who will be assessed the annual cost per EDU are owners of parcels of land with access to water that are located within existing water districts, improvement areas  and approved Authority service areas, as well as approved out-of-district users within the Participating Municipalities, in each case receiving and/or otherwise benefiting from Regional Water Storage Services; and

WHEREAS, for the year 2021, the annual cost per EDU is estimated to be in the range of $45 to $75, as shown on Exhibit D of the IMA.  The final cost per EDU will be determined based on actual capital costs of the Project, receipt of grant funds and the terms of the Authority financing for the Joint Water Project.  This cost will change as the number of EDUs change in the Town of Marion through the expansion of water services and the creation of additional water districts.  It is also important to note that many Users within each Participating Municipality’s Improvement Area are currently paying annual debt service associated with the Town water districts in which they reside and, if connected to the public water system, commodity charges in accordance with their metered water usage.   The Joint Water Project capital charge is in addition to these current expenses and the user rates charged by the Authority; and

WHEREAS, a report entitled Engineering Report for the Wayne County Regional Water and Sewer Authority Regional Storage Project, Towns of Arcadia, Huron, Lyons, Marion,  Sodus and Williamson, dated July 2020 (“Map, Plan and Report”) prepared by Derek C. Anderson, P.E of MRB Group, Engineering Architecture & Surveying, D.P.C., a competent engineer duly licensed by the State of New York was accepted by the Town Board on July 27, 2020, and is incorporated herein by reference.  That Map, Plan and Report details the nature and extent of the Improvements, and includes a map showing the boundaries of the proposed Regional Water Storage Improvement Area; and

WHEREAS, a copy of the Map, Plan and Report has been filed with the Town Clerk and is available for public inspection during regular business hours.  It is also available on the Authority’s website at www.wcwsa.org; and

WHEREAS, the Improvement Area is proposed to include the lands described in the Boundary Description on the annexed Schedule A; and

WHEREAS, the Improvements associated with the Joint Water Project are shown schematically in the Engineering Map, Plan and Report which has been accepted by the Town Board and is available for review in the Town Clerk’s Office, the improvements will be constructed in phases over a period of approximately of three (3) years, and include construction within the Town of Marion of various control valves; and

WHEREAS, once constructed, owners of property along the Improvements in the Town of Marion whose properties are not located in an existing water district (“Out-of-District Users”) can connect and obtain water upon application to and approval by the Town and the Authority; compliance with applicable Lateral Restrictions; and execution of a contract with the Town and the Authority whereby the Out-of-District User will pay $540 per year for 38 years in addition to the cost of water consumed; annual per EDU Capital Charges; and applicable connection charges and fees as provided in the Authority’s Rules & Regulations, as amended.

 NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Marion, Wayne County, New York, as follows:

  1. The Marion Town Board  shall hold a Public Hearing on the 14th day of September, 2020 at 6:30  m. prevailing time at the Town Park located at  No. 4072 Park Drive in the Town of Marion on the proposal to create a Regional Water Storage Improvement Area of the Town of Marion pursuant to Article 12-C of the Town Law,  at which time and place the Town Board shall consider the Map, Plan and Report, and hear all persons interested in the subject matter and the creation of the proposed Improvement Area.
  2. The Marion Town Board will accept written comments from the public concerning the creation of a Regional Water Storage Improvement Area if sent to the Town Supervisor by ordinary mail, or sent to the Town Clerk by e-mail at hlevan@townofmarionny.com. Any such written comments must be received by the Town on or before September 14, 2020, and, if timely received, such written comments will be read into the Minutes of the Public Hearing.
  3. It is further Ordered that a certified copy of this Order shall be published in the Times of Wayne County on August 30, 2020, and the Town Clerk shall also cause a copy of this Order to be posted on the sign board of the Town maintained pursuant to Town Law §30(6), and on the Town’s official website.

Resolution #8102020 Payment of Claims

On a motion by Councilwoman Fisher and seconded by Councilwoman Smith

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

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.


General                                                              $7,028.31                                                                             Highway



Street Lighting

Trust & Agency

Total                                                                    $7028.31     

On a motion from Supervisor Bender and seconded by Councilwoman Smith, the Town Board went into executive session at 7:20pm to discuss medical, financial, credit or employment history of a particular person.   The Board went back into regular session at 7:30pm.

With no further business, on a motion by Councilman Bliek and seconded by Councilman Lonneville, Supervisor Bender closed the meeting at 7:44pm.

Next meetings are scheduled for:

Meeting/Workshop:             Monday, August 31, 2020 @ 6:30pm

Meeting:                   Monday, September 14, 2020 @ 6:30pm


Heidi M. Levan, Town Clerk/Clerk of the Board