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Town Board meeting minutes 9-13-21

TOWN BOARD Meeting Notes

Marion Municipal Building

Monday September 13, 2021

A Town Board meeting of the Town of Marion, Wayne County, NY was held on  Monday September 13, 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; Jeff Cragg, Chief Wastewater Plant Operator; Tim Boerman, Highway Superintendent; Fred Walker, Chairman of the Planning Board; Julie Herman; Keith Mrzywka; Judy Casler; Chrissy Nelson; Matt Stappenbeck; Carolyn Grasso, Wayne County Times; Angela Parker; Kristen Lange; Crystal Cain-Wooden; Summer O’Brien; Emily Darrin.

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 six 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. Caryn Devlin – Ms. Devlin was unable to attend the meeting due to attending a conference out of town.
  2. John Lonneville signed up to speak and did not attend the meeting.
  3. Theresa Keyser stated that she felt that people who live in Marion don’t understand how to get involved. She is looking for ways to change this.
  4. Jennifer Williams signed up to speak but was unable to attend the meeting.
  5. Judy Casler – Casler wanted to say Thank you to Tim Boeman, the highway department; Jeff Cragg from the WWTP; Duane Smeatin, Code Enforcement Officer; and Tom Salviski for their work setting up and cleaning up for the Marion Fall Festival.  The Fall Festival was organized by the Marion Events Organization.  Ms. Casler reported that the Friends of the Marion Library had their best fundraiser during the festival and raised over $1,040.00 Lollipops & Polkadots had over $2,000 worth of sales in one day.  All vendors at the festival sold lots of items and have already asked to be signed up to come back next year.
  6. Chrissy Nelson spoke next and thanked the Marion Events Organization for the Marion Fall Festival. This was Ms. Nelson’s first year as a vendor.  Lollipops and Polkdots had their average of 2 weeks’ worth of sales in 6 hours during the Fall Festival.  Nelson also thanked Tom Salviski for having all the business windows on the South side of Main Street cleaned before the festival.

Public Hearing:

The Marion Town Board held three public hearings.

  1. Public Hearing #1: “Real Property Tax Levy Limit”, Local Law #1-2021 started at 6:38pm.  Supervisor Bender read the legal notice for this public hearing.  Supervisor Bender next asked if anyone in the audience had any questions or concerns.  One resident asked if passing this local law would allow the Town Board to go over the tax cap limit every year going forward.  Supervisor Bender stated this local law is for 2021 only.  After answering questions and allowing people the opportunity to ask questions, the public hearing was closed at 6:45pm on a motion from Councilwoman Smith and seconded by Councilwoman Fisher and approved with all ayes.

 

  1. Public Hearing #2: Town Park Reserve Fund, started at 6:45pm. Supervisor Bender read the legal notice for this public hearing and asked if anyone in the audience had questions or concerns.  Many residents in the room asked questions and made comments.  Comments included; one resident would like to see a more progressive town park.  They would like to see new playground equipment.  The current playground equipment is rusty with pain chipping off.  One resident stated that weeds are growing up through the mulch and looks horrible.  One resident stated the back playground by pavilion D has no shade which causes the slides to become too hot to slide down.  Councilwoman Fisher stated new swings are in the budget for 2022.  Councilwoman Fisher stated she has been looking into possible renovations at the town park.  All renovations are based on how much money is available.  The baseball fields have been renovated in 2021.  This public hearing is to make future improvements to a storage building that holds recreation and sports equipment.  One resident offered to form a group to provide maintenance at the Town Park.  Councilwoman Fisher exchanged contact information with the resident. After answering questions and allowing people the opportunity to ask questions, the public hearing was closed at 6:59pm on a motion from Councilwoman Smith and seconded by Councilman Bliek and approved with all ayes.

 

  1. Public Hearing #3: Town Hall Reserve Fund, started at 7pm. Supervisor Bender read the legal notice for this public hearing.  Supervisor Bender next asked if anyone in the audience had any questions or concerns.  One resident asked if the work at the Town Hall was for indoor construction or outdoor?  The answer was for both.  Code Enforcement Officer, Duane Smeatin stated that he has been having a hard time finding contractors who will complete an estimate for work that needs to be done at the Town Hall.  A suggestion was made by a resident to post the RFP (request for proposal) on different media sources from Facebook to the local newspaper (Times of Wayne County).  Principal Account Clerk, Kathy Cauwels suggested that we list the RFP’s on the state bid book.  This will help get this information out to more contractors. After answering questions and allowing people the opportunity to ask questions, the public hearing was closed at 7:11pm on a motion from Councilwoman Smith and seconded by Councilwoman Fisher and approved with all ayes.

Town Business

Supervisor Bender shared that she had attended an Eagle Scout program at the 2nd Reformed Church in Marion for Noah Mattison.  It was a wonderful ceremony, and we should all be proud to have a resident like Noah Mattison.

Councilman Lonneville spoke next regarding the town museum, Jennie’s House.

Councilman Lonneville provided four different documents in regard to the purchase, repair and improvements within Jennie’s House.  The first document is a copy of the resolution that was passed in 2004 for the purchase of the building to become Jennie’s House.  This resolution was passed by Town Board members Laverne Bliek, Linda Lee, Bob Haak, Ken Hill and Supervisor Jolene Bender for $42,272.10.  The second document is a list of all volunteers, donations and contractors who have been involved with the museum.  The third document is a list of all remaining work that needs to be done at the museum.  The fourth document presented is a complete history of the museum from 2004 to the present 2021.  Each Town Board member and Town Clerk received a copy.  All the documents presented are available at the Town Clerk’s Office via the Freedom of Information Law.  Councilman Lonneville concluded with the following statement “Anyone who is using social medial pages should come in and get a copy of the correct information about the museum project, instead of spreading false information which only divides the resident of our community.  We should all be working for the betterment of Marion.”

Supervisor Bender started by stating a request that had been made to lower the speed limit on East Williamson Road has been reviewed by New York State Transportation Department.  It has been determined that a reduction is not needed.

Supervisor Bender spoke next about the Federal Stimulus money that the Town of Marion received.  These funds can only be used for specific projects and information is still needed as to what those projects can be.  Wastewater Treatment Plant Chief Operator, Jeff Cragg stated that he would like to use these funds to update the current Marion WWTP pump stations.  Each pump station needs new electronics installed.  Mr. Cragg will provide the Town Board with more information at the next Town Board meeting.

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

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 and collecting school taxes.  Ms. Levan also stated that the Marion Car Show will take place again in 2022 at the Marion Town Park.  Ms. Levan stated that the Marion Parent/Teacher Organization will be hosting a Halloween event at the Town Park in late October.

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

Councilman Bliek stated the new water storage tank being build on Brantling Hill in Sodus, NY is almost complete.  The new regional Wastewater Treatment Plant will begin construction in Spring of 2022.

Councilman Bliek asked Town Highway Superintendent, Tim Boerman to speak next regarding the Highway Department.  Mr. Boeman stated that the Highway Department has been busy hauling salt and sand in preparations for the winter weather.  All roadsides have been mowed.  The Drainage committee will be meeting on Monday, September 20th at 7pm.

 Councilwoman Fisher: Parks, Recreation, Assessor

Councilwoman Fisher spoke next in regard to a new camera system at the Town Park.  The Town is in the process of getting estimates to replace the current camera system.

Councilwoman Fisher spoke next about the upcoming recreation basketball and volleyball season.  At this time, the Marion School District is not allowing the school gyms to be used outside of school events.  This means the Marion recreation basketball and volleyball programs may be cancelled for 2021.

 Councilwoman Smith:  Public Safety, Judicial, Library, Cemetery

Councilwoman Smith shared that the Marion Library had their most successful book sale during the Marion Fall Festival.  The Marion Library is also working on a Story walk at the Marion Town Park.  More information will become available in the near future.  Councilwoman Smith stated the Marion Court heard 28 cases in August.

Councilwoman Smith also shared that at least 6 Marion businesses are a member of the Western Wayne Chamber of Commerce.

Councilwoman Smith stated the Marion Cemetery Association has received a grant to repair old stones in the cemetery.  The work is ranging in cost between $17,000 and $20,000.

Councilman Lonneville:  Historian

Councilman Lonneville thanked Duane Smeatin for his hard work getting the museum (Jennie’s House) ready for the Marion Fall Festival.  100 people toured the museum during the Fall Festival.  100 insulated tote bags were distributed to those who toured the museum.  Councilman Lonneville stated the Wayne County Bi-centennial Marion committee has been working hard.  More information will be shared at a future Town Board meeting. Councilman Lonneville stated the Wayne County Bi-centennial parade float was parked on the street in front of the museum for the Fall Festival.  Councilman Lonneville pulled the float from Lyons to Marion and then from Marion to Macedon.  Thank you to the Marion Highway Department for storing it out of the weather while the float was in Marion and not on display.

Resolutions:

  1. Approve August 9th and 23rd Town Board Meeting Minutes
  2. Receive and File all Correspondence/Reports for September 13th, 2021
  3. Authorize Appointment of Summer O’Brien to the Planning Board for a 7 Year Term
  4. Authorize Highway Superintendent to Attend 92nd Annual New York State Association of Town Superintendents of Highways Conference
  5. Adopt Local Law #1-2021 Entitled “Real Property Tax Levy Limit”
  6. Authorize Purchase of Generator for the Marion Town Hall from New York State Sitepower
  7. Payment of Claims

 Resolution #9012021 Approve August 9th and 23rd Town Board Meeting Minutes

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 approves the August 9th and 23rd, Town Board meeting minutes.

Resolution #9022021 Receive and File all Correspondence/Reports for September 13th, 2021

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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 September 13th 2021.

Resolution #9032021 Authorize Appointment of Summer O’Brien to the Planning Board for a 7 Year Term

On a motion by Councilwoman Fisher 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 authorizes the appointment of Summer O’Brien as a Planning  Board Member for a 7 year term to expire on 12/31/2027;

BE IT RESOLVED, that the Town Board directs the Clerk of the Board to give a copy of this resolution to Summer O’Brien and the Principal Account Clerk.

Resolution #9042021 Authorize Highway Superintendent to Attend 92nd Annual New York State Association of Town Superintendents of Highways Conference.

On a motion by Councilman Bliek and seconded by Councilman Lonneville

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 authorizes Timothy A. Boerman, Highway Superintendent, to attend the 92nd Annual New York State Association of Superintendents of Highways Conference to be conducted at the Saratoga Hilton  Hotel and Conference Center in Saratoga, New York, Tuesday, September 28, 2021 through Friday, October 1, 2021, and

BE IT RESOLVED, that expenses incurred for registration, travel, lodging and meals be paid by the Town of Marion from Account #A50104.01.000.016 at a cost not to exceed budgeted amount, and

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

Resolution #9052021 Adopt Local Law #1-2021 Entitled “Real Property Tax Levy Limit”

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

WHEREAS, the Marion Town Board did duly hold a Public Hearing on September 13, 2021 @ 6:30 PM, at the Marion Municipal Room, 3827 North Main Street, Marion, for proposed Local Law #1-2021 regarding the “Real Property Tax Levy Limit”; now

BE IT RESOLVED, that the Marion Town Board hereby adopts Local Law #1- 2021 as follows:

Local Law #1- 2021 “Real Property Tax Levy Limit”

Section 1Legislative 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 2022 that requires a real property tax levy in excess of 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 2022 that requires a real property levy in excess of 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.

AND BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to file the Local Law with the Secretary of the State and all applicable agencies.

Resolution #9062021 Authorize Purchase of Generator for the Marion Town Hall from New York State Sitepower  

On a motion by Councilman Lonneville 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

WHEREAS, the generator at the Town Hall has suffered a catastrophic failure on July 2, 2021, and due to its age and overall condition, it is not feasible to repair the Marion Town Board sent out an RFP to replace the generator;

BE IT RESOLVED, the Marion Town Board awards the generator purchase to New York State Sitepower with a cost not to exceed $9,316.00; and

BE IT FURTHER RESOLVED, $4,658.00 to be appropriated from the Contingent Account out of the 2021 budget and the remaining $4,658.00 to be appropriated out of 16202.01.000.061 from the 2022 budget .

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

Resolution #9072021 Payment of Claims

On a motion by Councilman Lonneville and seconded by Councilman Bliek

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                                                17,195.45

Highway                                               16,437.26

Library                                                    1,025.00

Water                                                        250.00

Sewer                                                     7,279.40

Street Lighting                                             60.60

Drainage                                                 1,050.00

Federal Stimulus Money                             350.00

Trust & Agency                                       2,624.73

Total                                                     46,272.44      

Resolution 09092021 Authorize Appropriation from Park Reserve for Repairs/Improvements

 On a motion by Councilwoman Fisher 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

 WHEREAS, the Marion Town Board duly held a public hearing on September 13, 2021 @6:30pm for the purpose of authorizing an appropriation from Park Reserve 230.1 to Bricks Blocks & Stones Masonry; and

BE IT RESOLVED, that the Marion Town Board authorizes the appropriation from 230.1 in an amount not to exceed $3,500 for park repairs/improvements; and

BE IT RESOLVED, that the Marion Town Board amends the 2021 budget as follows:

Account #                                Description                            Debit                                   Credit

71104.01.000.075                 Various improvements                                                    $3,500

230.01                                                                                       $3,500

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

Resolution 09102021 Authorize Town Clerk to Advertise Notice To Bid for Town Hall Repairs/Improvements

On a motion by Councilwoman Smith and seconded by Councilman Lonneville

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

Nays:  0

The following resolution was adopted

WHEREAS, the Marion Town Board authorizes the Town Clerk to advertise notice to bid for repairs/improvement on the Maron Town Hall; and

BE IT RESOLVED, the Marion Town Board would like completed bids to be sent to Duane Smeatin no later than October 8, 2021.

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

Resolution #09112021 Authorize Appointment of Adrienne Compton as Clerk

On a motion by Councilwoman Smith and seconded by Councilwoman Fisher

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 IS RESOLVED, that the Marion Town Board authorizes hiring Adrienne Compton as Clerk effective October 4, 2021, at remuneration of $16.00 per hour for no more than 19.5 hours per week for departments at the Town Hall.

Appropriated from the following accounts:

13551.01.000.023 – Assessor Clerk

80104.01.000.101 – Secretary Zoning Board of Appeals

80201.01.000.109 – Secretary to the Planning Board; and

WHEREAS, Adrienne Compton works 18 hours per week at the Marion Public Library and will work 19.5 hours per week as clerk for the Town Hall, collectively 37 hours per week qualifying her for health insurance;

NOW BE IT RESOLVED, that the Marion Town Board, subject to the approval of the Marion Library Board of Trustees, authorizes health insurance for Adrienne Compton effective October 4, 2021.  According to the Town of Marion Employee Handbook Section 806, the Town of Marion contributes up to $1,025.00 per month to go toward insurance premium rates.  The Marion Public Library will be responsible for 40% and the Town of Marion General Fund will be responsible for 60% of the insurance premium.  The employee is responsible for any additional cost by payroll deductions above the $1,025.00; and

BE IT RESOLVED, Adrienne will accumulate vacation, sick and personal time according to the employee handbook and will be pro-rated according to the handbook; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Adrienne Compton, Library Director Tracy Whitney and Principal Account Clerk.

Executive Session –

On a motion from Councilwoman Smith and seconded by Councilwoman Fisher, the Town Board went into executive session to discuss employment history of a particular person, appointment, and or disciplinary actions.  This executive session closed at 8:35pm on a motion from Councilwoman Smith and seconded by Councilwoman Fisher.

On a motion from Councilwoman Fisher and seconded by Councilwoman Smith, the Board went back into executive session to discuss employment history of a particular person, appointment, and or disciplinary actions.  During this session, a discussion took place regarding social media policies.  The Town Board directed the Clerk of the Board to research other municipalities social media policies and report back to the Town Board.  This execution session ended at 8:59pm on a motion from Councilwoman Smith and seconded by Councilman Lonneville.

Resolution # 9112021 was discussed and voted on during executive session.  Clerk of the Board, Heidi Levan was in attendance to record the votes on the above resolution.

 With no further business, on a motion by Councilwoman Smith and seconded by Councilman Bliek, Supervisor Bender closed the meeting at 9pm.

Next meetings are scheduled for:

Meeting/Workshop:             Monday, September 27, 2021 @ 6:30pm

Meeting:                                   Tuesday, October 12, 2021 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

Marion Town Board