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Town Board meeting minutes 8-9-2021

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday August 9, 2021

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday August 9, 2021 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:                     Joan Fisher, Councilwoman

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Deborah Smith, Councilwoman

Jolene Bender, Supervisor

Absent:                        None

IN PERSON ATTENDANCE:  Duane Smeatin, Code Enforcement Officer; John Lonneville; Caryn Devlin, Town Historian; Sharon Brooks; Greg Bell, Zoning Board Chairman; Angela Patterson.

Supervisor Bender asked everyone to stand and give the Pledge of Allegiance.  Supervisor Bender called for a roll call by the Clerk of the Board.

Supervisor Bender stated that five individuals signed up to speak at tonight’s board meeting.  She will ask each person to speak in the order their request was received for three minutes only.

Citizens Comments:

  1. John Lonneville – Mr. Lonneville asked who are the people who applied for the Planning Board? Are there actual people who applied?  Lonneville also asked why the Planning & Zoning Board clerk was no longer working for the Town.
  2. Caryn Devlin spoke next. Devlin stated she is still waiting to hear from Genesee Valley Rural Revitalization grant program.  Ms. Devlin submitted a grant to make repairs to the exterior of the Town Hall building.  The Town of Marion should have an answer by the end of August.
  3. Sharon Brooks spoke next. Brooks read the following on behalf of her husband Dan Brooks who was unable to attend tonight’s meeting.  Ms. Brooks asked that it be included in the minutes.  “I wish to speak to you regarding the letter/email dated Sunday August 1, 2021 sent to Fred Walker, Chairman of the Planning board from Ron Lonneville.  There are several misconceptions in that letter, but the one I need to clear up is that Fred ‘worked with Dan Brooks and Jody to get April Brooks appointed to the board’. In other words, it is implied that they worked to change the makeup of the planning board for their own personal reasons.  THAT IS INSULTING AND UNTRUE.  April took it upon herself, without our knowledge, to apply because she heard that there was an opening on the Planning Board.  When it came time for her application to be discussed and voted on, Dan excused himself from both.  No one even had the courtesy to approach Dan nor April before accusations were made in writing to all of you.  The letter in question is simply NOT accurate, UNFAIR and NOT becoming of a Marion Town Board member.  I would also like to point out that this is a clear example of why we need separate planning and zoning boards.  We need the checks and balances of two boards as it is to easy to allow personal goals to override what should be a neutral process.  Again, no member of the Brooks family has ever acted for any personal reasons while serving on the planning board.  A footnote:  April wanted me to share that she would have stayed to help with the planning board, but the secretary, Angela Patterson, cornered her and said it would be best if she resigned because she could not make every meeting, so she entered her resignation (she is a Wayne County 911 dispatcher, and due to work schedule can usually make either the workshop or business meeting each month).  Thank you for the opportunity to set the record straight.”
  4. Greg Bell spoke next. Bell stated he is the chairman of the Marion Zoning Board.  He received Angela Patterson’s resignation letter.  On behalf of the Zoning Board, he would like to see Angela stay on as just the zoning board secretary.  Angela has been very helpful to the Zoning Board
  5. Dan Brooks signed up to speak but was unable to attend the meeting.

Town Business

Supervisor Bender asked Code Enforcement Officer, Duane Smeatin to speak next regarding the Town Hall renovations.  Mr. Smeatin received one phone call from the RPF’s (Request for proposal) for the renovation project and has not received a bid as of yet.  The deadline has passed for submitting proposals.  The Town Board asked Mr. Smeatin to send out new RFP’s for this project.

Councilman Lonneville next thanked the Marion Events Organization and the Marion Fire Department for sponsoring the Music in the Park that took place in July.

Supervisor Bender next thanked Councilwoman Joan Fisher and Councilwoman Debbie Smith for their many hours helping to clean the indoor pavilion within the Town Park.  Councilwoman Fisher repainted both bathrooms among other things.  Councilwoman Smith cleaned the kitchen.  Both Councilwomen agree that the kitchen needs to be addressed.  Lighting and cabinets need to be updated among other things.

Councilwoman Fisher spoke next regarding the RFP for the Town Park.  Councilwoman Fisher would like to update the main pavilion however she would like a plan.  Is the Town Board looking to keep this a seasonal pavilion or update it for year-round rentals?  The Town Board will discuss this at the Town Board meeting on August 23, 2021.

Councilwoman Fisher next spoke about the baseball fencing that is now complete.  Field #4 did not get replaced; however, fence was left at the Town Park for future installment.  This brought up a question as to where the fence should be stored.  The Town maintenance building is currently being used to store items for Jennie’s House (town museum).  Councilwoman Fisher will work with the Highway Department on where the fencing can be stored.

Councilwoman Fisher stated that Ashley Tack will be cleaning out the storage unit at the Town Park where baseball equipment is located.

Town Clerk, Heidi Levan spoke next regarding a solicitation permit that was issued.  Ms. Levan has been working with Code Enforcement Officer, Duane Smeatin to revoke the permit as the salesperson was not following the hours on the permit.

Ms. Levan spoke next regarding the Town of Marion website.  The website has been updated.  If anyone has any questions, please let her know.

Correspondence:

  1. None

2021 Committee Reports:                Chair                                 co-chair

Town Clerk                                Jolene Bender                         Joan Fisher

Deputy Supervisor                   LaVerne Bliek

Water, Sewer                         LaVerne Bliek                         Jolene Bender

Public Safety, Judicial, Library          Deborah Smith                Joan Fisher

Parks, Recreation                    Joan Fisher                        Deborah Smith

Assessor                             Joan Fisher                              Deborah Smith

Historian                              Ronald Lonneville                   Jolene Bender

Zoning & Planning                      Jolene Bender

Highway, Drainage                LaVerne Bliek                   Ronald Lonneville

Cemetery                         Deborah Smith                 LaVerne Bliek

Reports:

  1. Town Clerk July 2021
  2. a. Finance: Money Market                         July 2021
  3. Finance: Operating Statement                                  August 2021
  4. Finance: Trial Balance July 2021
  5. Marion Fire District             June 2021                                                                                                                      July 2021
  1. Assessor                                                                                                July 2021
  2. Code Officer July 2021
  3. Dog Control July 2021
  4. Court
  5. Bonafede July 2021
  6. Bender                                                                                July 2021

Committee Reports:

Supervisor Bender:  Town Clerk, Zoning & Planning.

Supervisor Bender asked Town Clerk, Heidi Levan to speak.  Ms. Levan stated the Town Clerk’s office has been busy selling hunting licenses that went on sale August 2nd.  The office is also gearing up to collect school taxes that start September 1, 2021.

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

Councilman Bliek stated that the new water tower being installed by Wayne County Water and Sewer Authority on top of Brantling hill in Sodus is almost complete.  The new Wastewater Treatment Plant that is also being built by the Wayne County Water and Sewer Authority will start construction in the Spring of 2022.

Councilman Bliek next stated that the Highway Department has been busy mowing the roadsides and helping other towns with stoning and paving projects.

Councilman Bliek stated the Marion Drainage committee will be meeting in September.  More details will be shared when they become available.

Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher spoke regarding installing concrete under each outdoor pavilion and under the shed (maintenance building).  This project would be anywhere from $5,000 to $6,000 for each outdoor pavilion and approximately $2,500 for just the shed.  This will be part of the discussion at the August 23, 2021, Town Board meeting.

Councilwoman Fisher stated the report from the Assessor is in each Town Board members folders to read.

Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith stated the public safety issue regarding two unlicensed dogs and dogs at large has not been resolved.  The resident did receive a ticket but has not licensed her dogs as of yet.

Councilwoman Smith stated the door at the Marion Library has not been installed yet.  The library is hoping to have the new door installed in the next few weeks.

Councilwoman Smith spoke next regarding the Marion Cemetery Association.  They received a grant to repair old headstones and have been actively working on this project.

Councilwoman Smith stated she has been busy trying to get ahold of the company that was supposed to print a town newsletter.  She has not been able to contact him.  At this time, no newsletter will be printed.

Councilman Lonneville:  Historian

Councilman Lonneville stated the Memorial Garden located at Jennie’s House (town museum) is now complete.  John Lonneville presented a check to the Town of Marion for $3,400 for this project.

Councilman Lonneville stated the Marion Highway Department will be installing a banner for the upcoming Fall Festival that will take place on Saturday, September 11, 2021.

Historian Caryn Devlin spoke next regarding the Wayne County Bicentennial float.  Ms. Devlin would like to have the float on display in front of Jennie’s House (town museum) for the Fall Festival.  She will need to use a truck to pull the float from Red Creek, NY to Marion.

Resolutions:

  1. Approve July 12th and 26th Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for August 9th, 2021
  3. Accept Resignation of Angela Patterson as Planning and Zoning Board Clerk
  4. Authorize Town Clerk to Advertise for a Clerk Position
  5. Authorize Advertising for Position on Planning Board
  6. Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection
  7. Payment of Claims

Resolution #8012021 Approve July 12th and 26th Town Board Meeting Minutes

On a motion by Councilman Bliek and seconded by Councilwoman Smith

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

Nays:  0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board approves the July 12th and 26th, Town Board meeting minutes.

Resolution #8022021 Receive and File all Correspondence/Reports for August 9th, 2021

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

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to receive and file all correspondence and reports for August 9th 2021.

Resolution #8032021 Accept Resignation of Angela Patterson as Planning and Zoning Board Clerk

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED         Ayes 4

Nays 1

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek – Aye

Councilman Lonneville – Nay

Councilwoman Smith – Aye

Supervisor Bender – Aye

The following resolution was adopted

WHEREAS, Angela Patterson has submitted her resignation as the Planning and Zoning Board Clerk effective 8/4/21; now

BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Angela Patterson; and

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

Resolution #8042021 Authorize Advertising for a Clerk Position

On a motion by Councilman Bliek and seconded by Councilwoman Smith

ADOPTED         Ayes 5

Nays 0

Long Roll:

Councilwoman Fisher – Aye

Councilman Bliek – Aye

Councilman Lonneville – Aye

Councilwoman Smith – Aye

Supervisor Bender – Aye

 

The following resolution was adopted

 BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to advertise in the legal newspaper for the Town of Marion as follows: and

The Town of Marion is accepting applications for the position of Clerk for multiple departments.  Applications may be picked up at the Marion Town Clerk’s Office and returned by August 27, 2021 at 4:00 p.m.

Resolution #8052021 Authorize Advertising for Position on the Planning Board

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

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 for applicants to fill a vacant position on the Planning Board.

The Town of Marion is accepting applications for the position of Planning Board member.  Applications may be picked up at the Marion Town Clerk’s Office and returned by August 23, 2021 at 4:00 p.m.

Resolution #8062021 Authorize Supervisor to Sign the Intermunicipal Agreement with Marion Central School District for School Tax Collection

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

INTERMUNICIPAL AGREEMENT

Between the

Marion Central School District and Town of Marion

for Tax Collection Services

 This agreement (“Agreement”) for tax collection services is made as of August 9th, 2021, between the Marion Central School District, with offices located at 4034 Warner Road, Marion, NY 14505 (hereinafter the “School District”) and Town of Marion, with offices located at 3823 North Main Street, Marion, NY 14505 (hereinafter the “Town”).

 

RECITALS

             WHEREAS, the School District wishes to have the Town provide tax collection services to the School District for the 2021-2022 fiscal year; and

WHEREAS, the Town agrees to provide the tax collection services to the School District for the 2021-2022 fiscal year pursuant to the terms of this Agreement; and

WHEREAS, the Parties are authorized to enter into cooperative agreements pursuant to Article 5(G) of the General Municipal Law of the State of New York to cooperatively exercise their respective powers; and

NOW, THEREFORE, In consideration of the mutual covenants and promises of the parties, the School District and the Town agree as follows:

  1. Purpose.

 

The Town and the School District enter into this Agreement in an effort to be more efficient and cost effective for their respective taxpayers.

 

  1. Term of Agreement.

 

This Agreement is valid for the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2021 – June 30, 2022 (the “Term”).

 

  1. The Town’s Duties.

 

The Town shall perform the following duties in connection with the collection of the School District’s school tax for the School District’s fiscal year of July 1, 2021 – June 30, 2022:

 

  1. Receive tax payments from residents and third party entities (mortgage holders);

 

  1. Report tax payments to Wayne County through Munis;

 

  1. Turn over tax payments with a daily summary report to School District’s appointed tax collector.

 

(collectively “Tax Collection Services”)

 

  1. The School District’s Duties.

 

The School District will pay the Town Two Thousand Two Hundred Dollars ($2,200) for Tax Collection Services upon completion of the responsibilities described in Section 3 herein.  The School District shall also perform the following duties:

 

  1. Develop and Mail Tax Bills;

 

  1. Retrieve tax payments from Town;

 

  1. Reconcile to Town’s summary report;

 

  1. Make deposits to School District Bank account.

 

  1. Compliance with Law.

 

The Town and School District agree to comply in all respects with the Real Property Tax Law, Town Law, Education Law and all other applicable law governing the Tax Collection Services.

 

  1. Mutual Indemnification.

 

            Each party (for purposes of this Paragraph, the party of the first part shall be referred to as the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party (for purposes of this Paragraph, the party of the second part shall be referred to as the “Indemnified Party”) from and against: (a) any and all liability arising out of the Indemnifying Party’s failure to comply with the terms of this Agreement, and any injury, loss, claims, or damages arising from the negligent operations, acts, or omissions of the Indemnifying Party relating to or arising out of such party’s performance of its obligations under this Agreement; and (b) any and all costs and expenses, including reasonable legal expenses, incurred by or on behalf of the Indemnified Party in connection with the defense of such claims.  Notwithstanding the foregoing, no party shall be liable to any other party hereunder for any claim covered by insurance, except to the extent of any deductible and to the extent that the liability of such party exceeds the amount of such insurance coverage.

 

  1. Miscellaneous Provisions.

 

7.1.      Assignment.  Neither party may assign this Agreement or any of its rights or obligations hereunder.

 

7.2.      Modification.  This Agreement may be amended only in writing agreed to and signed by the Parties.

 

7.3.      Counterparts.  This Agreement may be executed in one or more counterparts

each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

 

7.4.      Warranties.    By entering into this Agreement, each party warrants and represents to the other that this Agreement is within its lawful powers, that this Agreement has been approved by its governing board in compliance with all applicable laws and procedures, that all approvals necessary for its execution, delivery and performance by such party have been obtained, that no litigation is pending or to its knowledge threatened regarding its execution, delivery or performance of this Agreement and that this Agreement is lawful and binding upon it in accordance with its terms.

 

7.5.      Governing Law and Venue.     This Agreement shall be governed by and construed in accordance with the laws of the State of New York.  Monroe Town, New York, shall be the venue of any action or proceeding arising from or related to this agreement.

 

7.6.      HeadingsParagraph headings have been provided for convenience of reference only and shall not control, affect the meaning or be used in the interpretation of any provisions of this Agreement.

 

7.7.      Severability.  If any provision of this Agreement or the application thereof to any person or circumstances, is adjudged invalid by a court of competent jurisdiction, the Commissioner of Education or other administrative agency, such judgment or ruling shall not affect or impair the validity of the other provisions of the Agreement or the application thereof to other persons and circumstances.

 

  1. Complete Agreement.

 

The Parties agree that this document represents the full, final and complete Agreement in this matter.

 

  1. Board Approval.

 

The Agreement is subject to approval by each party’s respective board.  The Agreement shall be effective on the date of execution by both parties set forth below, upon which date the Town’s reimbursement obligations under this Agreement shall commence.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written.

MARION CENTRAL SCHOOL DISTRICT

 

By:  ______________________________                 Date:  ________________________

 

Its:  _______________________________

 

TOWN OF MARION

 

By:  ______________________________                 Date:  ________________________

 

Its:  _______________________________

Resolution #8072021 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                                                16,492.77

Highway                                               52,898.65

Library                                                         57.30

Water                                                            0.00

Sewer                                                     4,660.64

Street Lighting                                               5.24

Trust & Agency                                     12,750.51

Total                                                     86,865.11      

 Resolution #8082021 Authorize the Town of Marion to go out for bid for Town Hall improvements/repairs.

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

BE IT RESOLVED that the Marion Town Board authorized Code Enforcement Officer, Duane Smeatin to send a Request for Proposal to make improvement/repairs to the Marion Town Hall; and

BE IT RESOLVED, that all proposals must be returned to the Town of Marion by Friday, September 10, 2021 at 4pm; and

BE IT FURTURE RESOVLED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Code Enforcement Office, Duane Smeatin and the Principal Account Clerk.

 Resolution #8092021 Authorize Public Hearing for Appropriation from Park Reserve to make improvements/repairs to the Marion Town Park.

On a motion by Councilwoman Fisher and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

WHEREAS, the Town of Marion desires to make improvements/repairs to the Marion Town Park; now

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 that a public Hearing will be held Monday, September 13, 2021 @ 6:30 pm at the Marion Municipal Room for the purpose of authorizing the appropriation from park reserve; and

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

Resolution #8102021 Authorize Public Hearing for Appropriation from Town Hall Reserve to make improvements/repairs to the Marion Town Hall.

On a motion by Councilman Bliek and seconded by Councilwoman Fisher

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

Nays:  0

The following resolution was adopted

WHEREAS, the Town of Marion desires to make improvements/repairs to the Marion Town Hall; now

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 that a public Hearing will be held Monday, September 13, 2021 @ 6:30 pm at the Marion Municipal Room for the purpose of authorizing the appropriation from Town Hall reserve fund; 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 #8112021 Disposal of old Baseball Equipment

 On a motion by Councilwoman Fisher and seconded by Councilman Bliek

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

Nays:  0

The following resolution was adopted

 BE IT RESOLVED that the Town of Marion authorizes the disposal of old baseball equipment that cannot be repaired; and

BE IT FURTHER RESOLVED directs the Clerk of the Board to give a copy of this resolution to Councilwoman Fisher and the Principal Account Clerk

Resolution #8122021 Authorize Appointment of Eileen Steurrys as Drainage Committee Clerk

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

BE IT RESOLVED, that the Marion Town Board authorizes hiring Eileen Steurrys as Drainage Committee Clerk effective August 1, 2021, at remuneration of $17.84 per hour for no more than 6 hours per year; to be appropriated from account 85401.10.0.000; and

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

Resolution #8132021  Authorize the payment of hours to Summer Recreation Counselors due to COVID shut down.

BE IT RESOLVED, that the Marion Town Board authorizes the payment of hours for Summer Recreation Counselors for the time the Summer Camp was shut down due to a COVID-19 positive test result for one attendee; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Councilwoman Fisher, McKayla LeFevre and the Principal Account Clerk.

 Executive Session –

On a motion from Councilwoman Fisher and seconded by Councilwoman Smith, the Town Board went into executive session to discuss employment history of a particular person, appointment, and or disciplinary actions.

Resolution # 8042021 and #8132021 were discussed and voted on during executive session.  Clerk of the Board, Heidi Levan was in attendance to record the votes on the above resolutions.

 With no further business, on a motion by Councilman Lonneville and seconded by Councilwoman Smith, Supervisor Bender closed the meeting at 8:25pm.

Next meetings are scheduled for:

Meeting/Workshop:             Monday, August 23, 2021 @ 6:30pm

Meeting:                            Monday, September 13, 2021 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

 

 

 

 

Marion Town Board