TOWN BOARD Meeting Notes
Marion Municipal Building
Monday, June 12, 2023
A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, June 12, 2023 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: LaVerne Bliek, Councilman
Ronald Lonneville, Councilman
Julie Herman, Councilwoman
Michael Cramer, Councilman
Absent: Jolene Bender, Supervisor
IN PERSON ATTENDANCE: Caryn Devlin, Historian; Highway Superintendent, Tim Boerman; Samantha Starks; James Moon; Nicole Moon; Rachel Flynn.
Councilman Bliek asked everyone to stand and give the Pledge of Allegiance.
Public Hearing: Local Law #4-2023 “Real Property Tax Levy Limit”
The public hearing opened at 6:30pm. The audience was asked if they had questions about the “Real Property Tax Levy Limit” after the Clerk of the Board asked three times, the public hearing was closed at 6:33pm on a motion from Councilman Cramer and Councilwoman Herman and approved with all ayes.
Discussion:
- ARPA Funds
- Town Projects
- Voter Identification
- Construction Students
- Basketball Courts
- Town Park Concessions
- Master Battery Disconnect Switches – According to Tim Boerman – Installed on Equipment
- Cannabis
- Park Door Entry/Lock System
Town Business:
Councilman Lonneville thanked Town Clerk, Heidi Levan for the June 2023 Community Calendar and helping to deliver them, along with the Marion Events Organization Community Garage sale flyer.
Councilman Lonneville spoke next in regard to Town Projects and ARPA funding. Councilman Lonneville stated Highway Superintendent, Tim Boerman is scheduling the sealing of the highway department lot, town park parking lots and walking path. Councilman Lonneville stated the sealing could not be done around the time of the Pioneer Gas Engine Association show in July or the Gone Cruisin’ car show in August. Councilman Lonneville will work with Mr. Boerman to ensure this project is completed at a specific time.
Councilman Lonneville stated the new Town Hall furnace will be installed in late June by John Cornell.
Councilman Lonneville spoke next regarding the Town Museum, Jennie’s House. The sanding of the drywall is now complete and Historian, Caryn Devlin will schedule the painting of the drywall in the near future. Councilman Lonneville also stated he received contact information from Wayne Fingerlakes Technical Careers Center and will reach out to them in regard to getting student volunteers to help at the museum. Councilman Lonneville has tried this approach before and was unsuccessful.
Councilman Cramer spoke next regarding the Town Park basketball/tennis courts. Councilman Cramer has been approached by a variety of residents who would like to see this space converted into a multiple use space for basketball, tennis and pickleball. Councilman Cramer is working on getting quotes for this project. A question was raised by Councilwoman Herman, were the new nylon nets installed at the Town Park basketball hoops? Clerk to the Board, Heidi Levan will ask Mr. Boerman to see if this has been completed. This was requested in the fall of 2022.
Councilman Cramer and Councilwoman Herman spoke in regard to concessions being sold at the Town Park. Councilman Cramer has drafted a proposal to accept bids to sell concessions at the Town Park starting in 2024. The proposal will be discussed again at a future meeting.
Coucilman Bliek spoke next regarding a letter the Town of Marion received concerning Master Battery Disconnect switches on Highway Equipment. Highway Superintenant,. Tim Boermam stated all Highway Equipment has a Master Battery Disconnect except for the pickup trucks. Councilman Cramer asked if the Town was going to receive a discount on our insurance if we already have this on our equipment. Clerk of the Board, Heidi Levan stated she would check with Principal Account Clerk, Kathy Cauwels to check with Tim Cleary from the Town’s insurance agency.
Councilman Lonneville next stated a letter was received from the Town of Huntington in Suffolk County concerning ‘Voter’s Identification Resolution’. All Town Board members agreed to the letter and support a letter and resolution from the Town of Marion for Voter Identification. This resolution will be on the next Board meeting agenda.
The Town Board next discussed the outside bathroom at the Town Park. Estimates are being acquired for an automatic locking and unlocking system for this door. Currently, Samantha Starks, Night Park Supervisor, opens and closes the bathroom during recreation baseball, softball and soccer. Ms. Starks stated that children are getting locked in the bathroom and she has to unlock the door from the outside to get them out. Councilman Cramer stated a different handle and lock are needed and will look into this further.
Citizens Comments:
Rachel Flynn spoke first regarding the Town Board’s decision to cancel Summer Recreation for the 2023 summer. Ms. Flynn is very displeased by this decision and stated the Town Board did not give people an opportunity to help. Councilman Cramer stated the Town Board is forming a committee to discuss the 2024 Summer Recreation program and is happy to have people from the community be a part of this discussion. This was a very lengthy discussion.
Nicole and James Moon spoke next in regard to the Town of Marion ‘Code of Ethics’ and who does this apply to and who doesn’t it apply to? If the Town of Marion is employing someone they should be reprimanded for misconduct. The Town Board stated any personal issue would need to be discussed during an executive session.
Committees: Chair Co-Chair
Deputy Supervisor LaVerne Bliek
Town Clerk Julie Herman Jolene Bender
Water, Sewer Laverne Bliek Jolene Bender
Public Safety Ronald Lonneville Michael Cramer
Judicial Michael Cramer Julie Herman
Library Julie Herman Michael Cramer
Parks, Recreation Julie Herman Ronald Lonneville
Assessor Jolene Bender Ronald Lonneville
Historian Ronald Lonneville LaVerne Bliek
Zoning, Planning Jolene Bender Michael Cramer
Highway LaVerne Bliek Michael Cramer
Drainage Michael Cramer LaVerne Bliek
Cemetery Michael Cramer Julie Herman
Code Enforcement Michael Cramer Julie Herman
Committee Reports:
Supervisor Bender: Assessor, Zoning, Planning
Supervisor Bender did not attend the meeting, so no reports were given.
Councilman Bliek: Deputy Supervisor, Highway, Drainage, Water, Sewer
Councilman Bliek stated that the new joint Wastewater Treatment plant is moving along nicely in Palmyra. Councilman Bliek stated the Highway Department has been busy mowing road sides and stoning Eddy Ridge Road. Highway Superintent, Tim Boerman stated that the standing water on the corner of Hall Center Road and Goosen Road is due to heavy rains and is currently not an issue. Mr. Boerman is also getting an estimate to have the tree stumps ground at the Town Park and the 1 stump on North Main Street.
Councilman Lonneville is looking into new local laws to address transient immigrants coming into Marion. The Marion Town Attorney will be at the Town Board meeting on June 26th to discuss this with the Town Board.
Councilman Lonneville: Historian, Public Safety
Councilman Lonneville stated Code Enforcement Officer, Daren Arrington provided a report in regards to public safety.
Councilwoman Herman: Parks, Recreation, Town Clerk, Library
Councilwoman Herman stated the library report is in the Town Board paperwork. Councilwoman Herman did state that someone set a rat trap at the library and a baby bunny was trapped and killed.
Councilwoman Herman also discussed the Marion Cemetery Association. The Association met last week and would like to do a Conveyance with the Town of Marion. The Marion Town Attorney will be coming to the June 26th meeting to discuss this with the Town Board.
Councilman Cramer: Drainage, Judicial, Cemetery, Code Enforcement
Councilman Cramer stated the Code Enforcement Officer has been busy with a few nuisance properties. These do include one on White Road and one on Buffalo Street.
Councilman Cramer asked if a checks and balance system was in place for the Maron Town Courts. This will be a question asked to the Town Attorney when he attends the June 26th meeting.
Correspondence:
Reports:
- Town Clerk May 2023
- Accounting
- Money Market May 2023
- Operating Statement June 2023
- Trial Balance May 2023
- Marion Fire District May 2023
- Assessor May 2023
- Code Officer May 2023
- Library May 2023
- Dog Control N/A
- Justice
- Bonafede May 2023
- Bender May 2023
- Planning/Zoning Board May 2023
- Sheriff’s Report May 2023
- Historian April-May, 2023
Resolutions:
- Approve Town Board meeting minutes May 2nd, 8th and 22nd
- Receive and file all correspondence/reports for June 12th, 2023
- Authorize Speed Limit Survey for Huntley Road
- Adopt Local Law #4-2023 Entitled “Real Property Tax Levy Limit”
- Accept Resignation of Theresa Ryan as Court Clerk/Deputy Town Clerk
- Award Contract to Mark Neal Painting to Prep and Paint 4 New Windows and Azek on North Side of Building Where New Siding was Installed at the Museum – Jenny’s House
- Authorize Purchase of CPR/AED RR Kit for Town Park
- Authorize Hiring Part Time Deputy Town Clerk
- Authorize hiring Part Time Court Clerk
- Authorize Permanent Appointment of Code Enforcement Officer/Fire Marshall
- Payment of Claims
Resolution #601-23 Approve Town Board Meeting Minutes May 2nd, 8th and 22nd, 2023
On a motion by Councilman Lonneville and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, Bliek
Nays: 0
The following resolution was adopted
BE IT RESOLVED, that the Marion Town Board approves May 2nd, 8th and 22nd, 2023 Town Board meeting minutes.
Resolution #602-23 Receive and File all Correspondence/Reports for June 12, 2023
On a motion by Councilwoman Herman and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, 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 June 12, 2023.
Resolution #603-23 Authorize Speed Limit Survey for Huntley Road
On a motion by Councilman Lonneville and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, Bliek
Nays: 0
The following resolution was adopted
WHEREAS, the Marion Town Board has received a request for a speed limit survey on Huntley Road from resident, Angela Lyke; now
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to petition the Wayne County Highway Department and the New York State Department of Transportation to conduct a speed limit survey of Huntley Rd; and
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to send a copy of this resolution to Angela Lyke, alyke72@gmail.com, Wayne County Highway Department, NYS Department of Transportation and Marion Highway Department
Resolution #604-23 Adopt #4-2023 Local Law Entitled “Real Property Tax Levy Limit”
On a motion by Councilman Lonnevile and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, Bliek
Nays: 0
The following resolution was adopted
BE IT RESOLVED, that the Marion Town Board Adopts Local Law #4-2023 “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 2024 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 2024 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 #605-23 Accept Resignation of Theresa Ryan as Court Clerk/Deputy Town Clerk
On a motion by Councilwoman Herman and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, Bliek
Nays: 0
The following resolution was adopted
WHEREAS, Theresa Ryan has submitted her resignation as the Court Clerk/Deputy Town Clerk effective 6/22/23; now
BE IT RESOLVED, that the Marion Town Board regretfully accepts the resignation of Theresa Ryan; and
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Theresa Ryan.
Resolution #606-23 Award Contract to Mark Neal Painting to Prep and Paint 4 New Windows and Azek on North Side of Building Where New Siding was Installed at the Museum – Jenny’s House
On a motion by Councilman Lonneville and seconded by Councilman Cramer
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, Bliek
Nays: 0
The following resolution was adopted
WHEREAS, the Town of Marion sent out an RFP to prep and paint 4 new windows and azek on North side where new siding was installed at the Museum, 2 new railings and spindles painted, repaint dark color where peeling and repaint lattice work to spindle color; and
WHEREAS, the Town of Marion received 1 bid; and
BE IT RESOLVED, that the Marion Town Board awards the contract to Mark Neal Painting with an amount not to exceed $2000 to be paid out of ARPA funds; and.
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Mark Neal Painting and the Principal Account Clerk.
Resolution #607-23 Authorize the purchase of CPR/AED RR Kit for the Town Park
On a motion by Councilwoman Herman and seconded by Councilman Cramer
ADOPTED: Long Roll:
Councilman Lonneville – Aye
Councilwoman Cramer – Aye
Councilwoman Herman – Aye
Councilman Bliek – Aye
Ayes: 4
Abstained: 0
Nayes: 0
The following resolution was approved.
WHEREAS, the Town of Marion sent out an RFP to purchase a CPR/AED RR Kit for the Town Park; and
WHEREAS, the Town of Marion received bid; and
BE IT RESOLVED, that the Marion Town Board authorizes the purchase of a CPR/AED RR Kit for the Town Park for an amount not to exceed $1,251.37 utilizing ARPA funds; and.
BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Cardiac Like and the Principal Account Clerk.
Resolution #608-23 Authorize Hiring Part Time Deputy Town Clerk
On a motion by Councilman Lonneville and seconded by Councilman Cramer
ADOPTED: Long Roll:
Councilman Lonneville – Aye
Councilwoman Cramer – Aye
Councilwoman Herman – Aye
Councilman Bliek – Aye
Ayes: 4
Abstained: 0
Nayes: 0
The following resolution was approved.
BE IT RESOLVED, That the Marion Town Board approves hiring Tammi Roegiers, 4068 North Main Street, Marion, NY as part time Deputy Town Clerk to be expended out of 14101.01.000.036; and
BE IT RESOLVED, that the Marion Town Board sets the Deputy Town Clerk hourly wage at $18/hr for 15 hours/per week; and
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Marion authorizes the Clerk to the Board to give a copy of this resolution to Tammi Roegiers and the Principal Account Clerk.
Resolution #609-23 Authorize Hiring Part Time Court Clerk
On a motion by Councilman Lonneville and seconded by Councilwoman Herman
ADOPTED: Long Roll:
Councilman Lonneville – Aye
Councilwoman Cramer – Aye
Councilwoman Herman – Aye
Councilman Bliek – Aye
Ayes: 4
Abstained: 0
Nayes: 0
The following resolution was approved.
BE IT RESOLVED, That the Marion Town Board approves hiring Barbara Griffith, 1407 Ridge Road, Ontario, NY as part time Court Clerk to be expended out of 11101.01.000.009; and
BE IT RESOLVED, that the Marion Town Board sets the part time Court Clerk hourly wage at $18/hr for 25 hours/per week; and
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Marion authorizes the Clerk to the Board to give a copy of this resolution to Barbara Griffith and the Principal Account Clerk.
Resolution #610-23 Authorize Permanent Appointment of Code Enforcement Officer/Fire Marshall
On a motion by Councilman Cramer and seconded by Councilwoman Herman
ADOPTED: Long Roll:
Councilman Lonneville – Aye
Councilwoman Cramer – Aye
Councilwoman Herman – Aye
Councilman Bliek – Aye
Ayes: 4
Abstained: 0
Nayes: 0
The following resolution was approved.
WHEREAS, the Marion Town Board approved hiring Daren Arrington, 5863 Arbor Road, Ontario, NY 14519 as Code Enforcement Officer according to the Civil Service job description/Fire Marshall effective September 27, 2022 for no more than 20 hours per week at remuneration of $25 per hour until he attends all required training by NYS. Once all training is complete his hourly rate will be $28 per hour. To be expended out of 80101.01.0.100; and
BE IT RESOLVED, that Daren Arrington has completed his 6 months probation, the Marion Town Board approves permanent appointment as of June 12, 2023; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Marion authorizes the Clerk to the Board to give a copy of this resolution to Daren Arrington and the Principal Account Clerk.
Resolution #611-23 Payment of Claims
On a motion by Councilman Lonneville and seconded by Councilwoman Herman
ADOPTED: Ayes: 4 Lonneville, Herman, Cramer, 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 20,194.58
Highway 339,504.62
Library 2,476.86
Water 1,366.25
Sewer 6598.43
Street Lighting 1,284.29
NW Quadrant Phase I 8,118.75
NE Quadrant Phase I 2,512.50
NW Quadrant Phase II 13,140.63
NW Quadrant Phase III 8,645.00
Ext #2 to Water #1 6,215.00
NE Quadrant III 10,738.75
Ext #1 to NE #1 9,037.50
SE Water 14,137.50
ARPA 1,124.91
Trust & Agency 2,759.90
Total 447,855.47
Additional Citizen Comments – None
Prior to the Town Board meeting starting at 6:30pm, The Town Board met at 6pm to have an executive session to discuss employment history of a particular person. This opened with a motion from Councilman Lonneville and seconded by Councilwoman Herman at 5:58pm. The execution session closed at 6:15pm on a motion from Councilman Cramer and seconded by Councilman Lonneville.
On a motion from Councilman Bliek and seconded by Councilman Cramer, the Town Board moved into executive session at 7:54pm to discuss employment history of a particular person.
On a motion from Councilwoman Herman and seconded by Councilman Lonneville, the executive session was closed at 8:03pm.
With no further business, on a motion by Councilman Bliek and seconded by Councilwoman Herman, Councilman Bliek closed the meeting at 8:04pm.
Next meetings are scheduled for:
Meeting/Workshop: Monday, June 26, 2023 @ 6:30pm
Meeting/Workshop: Monday, July 10, 2023 @ 6:30pm
_____________________________________________
Heidi M. Levan, Clerk of the Board