TOWN BOARD Organizational Meeting Notes

Marion Municipal Building

Tuesday, January 3, 2023

A Town Board Organizational meeting of the Town of Marion, Wayne County, NY was held on Tuesday, January 3, 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: Jolene Bender, Supervisor

LaVerne Bliek, Councilman

Ronald Lonneville, Councilman

Julie Herman, Councilwoman

Michael Cramer, Councilman

Absent:

IN PERSON ATTENDANCE: Marcia Lonneville ; Daren Arrington, Code Enforcement Officer ; Caryn Devlin ; John Lonneville ; Jeff Cragg, Chief Wastewater Sewer Operator; John Cornell.

Supervisor Bender asked everyone to stand and give the Pledge of Allegiance and then read the following statement:

If you are attending a Town Board Meeting have not signed up for Public Participation Section of the Town Board Meeting pursuant to the rules which have been established (24 hours prior to start of meeting), then you will not be able to express your opinion. As a courtesy to those who attend the Board Meeting, you are requested not to interrupt the meeting, and refrain from conversation that would interfere with those attending being able to hear the Board transact its business. If in fact someone interferes with the meeting or the conversation with other spectators should require a warning and it is ignored, the person could be charged with Disorderly Conduct. For public hearings, speaking will be limited to topics on the agenda.

Public Hearing:

6:30pm – Amend Zoning Code – Add Peddler’s Permit – Local Law #1-2023

Public Hearing to Add Peddler’s Permit opened at 6:31pm. Supervisor Bender asked anyone in attendance if they had any questions or concerns. With no one speaking up, the public hearing was closed at 6:30pm on a motion from Councilman Bliek and seconded by Councilwoman Herman. The public hearing was closed with all ayes.

6:30pm – Amend Fee Schedule – Local Law #2-2023

Public Hearing to- Amend Fee Schedule- Local Law #2-2023 opened at 6:33pm. Supervisor Bender first asked Code Enforcement Officer, Daren Arrington if he had anything he wanted to say. Mr. Arrington stated he did not. The floor was then opened to public comments. Resident and Zoning Board member, John Lonneville spoke first. Mr. Lonneville asked “Why are we raising fees for permitting? Don’t we want people to get permits and upgrade their homes and encourage people to do the work?” Mr. Lonneville also stated, “Shouldn’t we want Marion to grow and not go back to a time when people didn’t want to do work in Marion?”. Mr. Lonneville feels that raising prices on permits is very “short sighted”. Mr. Lonneville also stated, “This town doesn’t learn from it’s history”.

Councilwoman Herman stated that this was looked at and the original proposal was to collect a deposit for each permit. This portion on the fee schedule was voted down by a decision among the Town Board members. Councilwoman Herman also stated that not all changes were for increases, some of the fee schedule will decrease. Councilwoman Herman also stated that the Town of Marion is trying to be in line with surrounding towns on what is charged for different permits.

Supervisor Bender next asked if anyone had any other comments or concerns, without hearing from any attendees, the public hearing was closed on a motion from Councilwoman Herman and seconded by Councilman Bliek at 6:39pm. The public hearing was closed with all ayes.

Town Business:

Code Enforcement Officer, Daren Arrington spoke regarding the Burned-out building on North Main Street by the municipal parking lot. Previous Town Attorney, Art Williams had been working on getting a court order to remove the building and charge the owner for all expenses of the removal. Mr. Williams is now a Wayne County Judge and no longer the Town of Marion Attorney. Mr. Arrington has been in contact with the owner of the building and would like to allow him a 30-day extension. The extension is to have a structural engineer evaluate the building and determine if the building can be rebuilt or needs to be torn down. The Town Board stated that they would like the Town of Marion’s new Attorney (who has not been decided yet) to speak to the owner of the property’s Attorney. Mr. Arrington would also like a bond to be paid on this project. Again, the Town Board asked for the two Attorney’s to work on details and arrangements.

Councilman Cramer asked if the employee handbook could be scanned and emailed to all Town Board members as a PDF. Clerk to the Board stated it will be done and send later this week.

Citizens Comments: None

Set 2023 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 Officer Michael Cramer Julie Herman

Correspondence:

Speed Reduction Arbor Road
Speed Reduction Hall Center Road

Reports:

Resolutions:

Authorize Supervisor to Sign Town Clerk Annual Software Support Contract with Williamson Law Book
Authorize Supervisor to Sign Software License Agreement for Buildings & Codes Enforcement with Williamson Law Book and Annual Software Support Contract
Designate Legal Newspaper for the Town of Marion for 2023
Adopt 2023 Mileage Reimbursement Rate
Authorize Appointment of Town Attorney
Authorize the Town Clerk to Advertise the Town Board Meetings for 2023
Authorize Amendment of the Zoning Code – Add Chapter 129 Peddling & Soliciting – Local Law #1-2023
Authorize Amended Fee Schedule for 2023 – Local Law #2-2023
Authorize Re-appointment of Julie Stryker to the Library Board of Trustees
Authorize Re-Appointment of Michael Means to Drainage Committee
Authorize Re-Appointment of Mark Haskins to Drainage Committee
Authorize Re-Appointment of David Vinke to Planning Board
Authorize Re-Appointment of John Lonneville as Alternate to Zoning Board of Appeals
Prepays 12/14/22 Payment of Claims

Resolution #101-23 Authorize Supervisor to Sign Town Clerk Annual Software Support Contract with Williamson Law Book

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Town Clerk Annual Software Support Contract for 2023 with Williamson Law Book Company for an annual cost of $994.00 to be appropriated from account 14102.1.0.029; 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 and Williamson Law Book Company.

Resolution #102-23 Authorize Supervisor to Sign Software License Agreement for Buildings & Code Enforcement with Williamson Law Book and Annual Software Support Contract

On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Software License Agreement for Building & Codes Enforcement with Williamson Law Book Company; and

BE IT RESOLVED, that the Marion Town Board authorizes the Supervisor to sign the Annual Software Support Contract for 2023 with Williamson Law Book as attached at an annual cost of $821.00 to be appropriated from account #80102.01.0.029; 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, Code Enforcement Officer and Williamson Law Book Company.

Resolution #103-23 – Designate Legal Newspaper for The Town of Marion for 2023

On a motion by Councilman Bliek and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the Times of Wayne County as the legal newspaper for the Town of Marion for the fiscal year commencing January 1, 2023; and

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

Resolution #104-23 Adopt 2023 Mileage Reimbursement Rate

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board adopted a mileage reimbursement policy per resolution #030608; and

NOW BE IT RESOLVED, that the Marion Town Board sets the reimbursement rate @ $ .655 effective January 1, 2023; and

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

Resolution #105-23 Appoint Town Attorney

A motion was made by Councilwoman Herman and seconded by Councilman Cramer to table this resolution.

BE IT RESOLVED, that the Marion Town Board appoints _____________________ as Attorney for the Town of Marion for the calendar year 2023; and

BE IT RESOLVED, that _______________________ shall be reimbursed for services performed on an as needed basis at the rate of $200.00 per hour; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Town of Marion Department Heads, and ______________________________.

Resolution #1623 Authorize the Town Clerk to Advertise the Town Board Meetings for 2023

On a motion by Councilwoman Herman and seconded by Councilman Bliek

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, Authorize the Town Clerk to advertise in the legal newspaper for the Town of Marion as follows:

BE IT RESOLVED, The Marion Town Board meetings for 2023 will be held on the 2^nd and 4^th Monday of each month except for federal holidays. If a federal holiday falls on a Monday, the Marion Town Board will meet on Tuesday of that week. All meetings are held in the Marion Municipal Building located at 3827 N. Main Street, Marion, NY 14505 and/or ZOOM. All meetings start at 6:30 p.m. and are open to the public.

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 #107-23 Authorize Amendment of the Zoning Code – Add Chapter 129 – Peddling & Soliciting Local Law #1-2023

On a motion by Councilman Lonneville and seconded by Councilman Bliek

ADOPTED: Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Councilman Bliek – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

Chapter 129

Peddling and Soliciting

This chapter is intended to regulate peddling and soliciting activities in the

Town of Marion to ensure the public welfare and to protect against criminal

activity, including fraud and burglary; minimize the unwelcome disturbance of

citizens and the disruption of privacy; and to otherwise preserve the public

health, safety, and welfare by regulating, controlling, and licensing peddlers

and solicitors, including but not limited to door-to-door peddlers and solicitors.

This chapter also provides a means by which property owners may enjoy the

use of their properties by allowing seasonal sales of various items while at the

same time protecting pedestrians, traffic and motorists on roadways and

intersections.

129-1.2 Definitions and word usage.

As used in this chapter, the following terms shall have the meanings

indicated:

CHARITABLE

Patriotic, philanthropic, social service, health, welfare, benevolent,

educational, civic, cultural, or fraternal.

CLERK

The Town of Marion’s Town Clerk.

CONTRIBUTIONS

Alms, money, subscriptions, property, or any donations.

FIXED LOCATION

Any permanent structure.

HAWKER

One who offers for sale his or her goods by calling out in the streets.

HAWKING

The selling or vending or offering for sale of any goods, wares, or

merchandise for immediate delivery, which the person selling or

offering for sale carries with him or her in traveling or has in his or

her possession or control, upon any of the streets or sidewalks or

from house to house in the Town of Marion.

PEDDLER

Any person who goes upon the premises of any property, not his or

her own, carrying or transporting goods, wares, merchandise, or

personal property of any nature and offering the same for sale. This

includes any person who solicits orders and as a separate

transaction makes deliveries to purchasers. The word “peddler”:

shall not apply to the following:

Farmers seeking or taking orders for or selling or offering the

sale of their own produce.

The seeking or taking of orders for or the selling or offering for

sale of bread or bakery products, meats or meat products or milk

or milk products by any manufacturer or producer to a

commercial business for resale.

PEDDLING

All activities described under the definition of “Peddler”; of this

section.

PERSON

A person or any firm, corporation, association, club, society, or

organization.

SOLICITATION

All activities described under the definition of “Peddler”; of this

section.

SOLICITOR

Any person who goes upon the premises of any private property,

not his or her own, for the purpose of taking or seeking or

attempting to take orders or make contracts for the sale of goods,

merchandise, wares, or other personal property of any nature for

future delivery or for services to be performed in the future. This

includes any person who, without invitation, goes to upon private

property to request subscriptions or contribution of funds or anything

of value or to sell goods or services for political, charitable, religious,

or other noncommercial purposes.

TRANSIENT MERCHANT

A person who engages or proposes to engage temporarily in

merchandising business in the Town of Marion and occupies a

room, building, tent, lot, stand, table, or other premises for the

purpose of selling, trading, or bartering goods, wares, and

merchandise.

Usage. The singular shall include the plural.

129-2 Permit requirements; exemptions.

It shall be unlawful for any person to engage in peddling or soliciting

activities within the Town of Marion without first obtaining a permit issued by

the Town Clerk; provided, however, that the following are exempt from the

provisions of this section:

Any solicitation made upon premises owned or occupied by an

organization upon whose behalf the solicitation is made.

Any communication by an organization soliciting contributions solely

from persons who are members of the organization at the time of

such solicitation.

Any solicitation in the form of a collection at a regular meeting,

assembly or service of a charitable person or organization.

Any solicitation for the relief of any individual specified by name at

the time of the solicitation where the solicitor represents in each case

that the entire amount collected shall be turned over to the named

beneficiary.

Yard sales, garage sales or conducted residential auctions of

personal household property or sales of a like nature conducted in

connection with a dwelling in a zoned residence district shall not be

deemed to be conducting a transient retail business so long as no

more than two such sales of not more than three days each per year

are conducted on any parcel or private property. The person

conducting such sale, whether resident or auctioneer, shall not

require a permit.

The seasonal sale of fireworks, chicken barbecues and the like held

on private property with the consent of the owner of said property

shall not be deemed to be conducting a transient retail business. The

Code Enforcement Officer for the Town of Marion shall have the

authority to regulate the location of any tent, stand or booth to be

utilized for any seasonal sales so as not to impede pedestrians,

traffic or motorists; unobstructed view of public roadways and

intersections.

Students of local schools engaged in selling or soliciting

subscriptions, books, magazines, or periodicals for fund-raising

activities.

This permit applies to any and all persons who wish to engage in peddling

or solicitation, including but not limited to transient merchants as defined in

129-1. This includes transient merchants who wish to offer for sale wares at

any type of carnival, festival, flea market, craft show, etc.

No person engaged in the peddling, solicitation, hawking or selling of

goods shall occupy any fixed location upon any of the streets, highways,

sidewalks, or other locations for the purpose of hawking, peddling, vending, or

soliciting. No permittee may enter upon any public park, Town property,

municipal recreation facility, golf course, or municipal off-street parking areas,

nor premises of educational institutions for the purpose of hawking, peddling,

vending, or soliciting.

Any person who engages in the hawking or sale of goods during any

community-wide or community-endorsed event or festival shall be required to

obtain a peddlers permit for such event; such permit may be obtained and

issued by the Town Clerk.

No person engaged in the peddling, solicitation, hawking or selling of goods

shall do so within the Town of Marion on Sundays or any other days before

9:00 a.m. or after sunset.

Requirements of this chapter shall not apply to:
Marion Fall Festival.
Pioneer Gas Engine Shows.
Marion Car Show.

129-3 Permit application.

Every person subject to the provisions of this chapter shall file with the Town

Clerk an application in writing on a form to be furnished by the Town Clerk,

which shall provide the following information:

Proof of name, date of birth, address, and telephone number.
A brief description of the business or activity to be conducted.
The house, location, or event for which the right to peddle or solicit is

desired.

Whether there is parking located at the site of the proposed solicitation

location, and if so, the type of parking provided.

If self-employed or acting as an agent, the name, address, and telephone

number of the principal who is being represented, with credentials in written

form establishing the relationship and the authority of the employee or agent

to act for the employer or principal, as the case may be.

Each employee or agent shall sign a statement as to whether or not the

applicant has been convicted of a felony, misdemeanor or local law violation,

the nature of the violation, the penalty or punishment imposed, the date and

place where such offense occurred, and other pertinent details thereof.

Proof of possession of any permit which, under federal, state, or local laws

or regulations, the applicant is required to have in order to conduct the

proposed business or which, under any such law or regulations, would exempt

the applicant from the licensing requirements of this chapter.

The type of article, device, subscription, contribution, service, goods, wares

and/or merchandise he or she desires to sell or for which he or she wishes to

solicit within the Town of Marion.

The type of vehicle(s) he or she wishes to use, if any. The applicant must

provide a valid registration and insurance card on each vehicle to be used.

Each person shall execute the application under oath or affirmation with a

written and printed signature and, if for an organization, his or her title. He or

she shall provide written proof of authorization to apply for a permit on behalf

of said organization.

Exclusive of religious, charitable, or not-for-profit corporations, a recent

photograph of the applicant showing the face of the applicant in a clear and

distinguishing manner will be required.

129-4 Fees.

At the time the application is filed with the Town Clerk, the applicant shall

pay a fee as set forth from time to time by resolution of the Town Board of the

Town of Marion to cover the cost of processing the application and

investigating the facts stated therein, for a one-day permit, for a one-week

permit, or for an annual permit for each solicitor or peddler. The application

fee shall be waived on one-day permits, for each applicant once per calendar

year. An application fee will be charged for a second and subsequent

application in a calendar year. This provision shall not apply to person

soliciting orders for goods to be shipped into the state or otherwise involved in

interstate commerce.

A New York State veteran, or resident surviving spouse of a Town veteran,

may obtain a free permit to peddle upon the streets/highways of the Town so

long as said veteran or resident surviving spouse of a veteran resides within

the Town limits. Said permit is nontransferable.

Nonprofit organizations and persons working for such organizations,

charitable, religious, and youth organizations shall be exempt from the

payment of any fees under this chapter.

129-5 Application review and permit issuance.

Upon receipt of an application, the Town Clerk shall review the application

as deemed necessary to ensure the protection of the public health, safety,

and general welfare.

If the Town Clerk finds the application to be satisfactory, the Town Clerk

shall approve the application and shall, upon payment of the nonrefundable

prescribed fee, deliver the required permit to the applicant.

129-6 Denial of permit.

The Town Clerk may refuse to issue a permit or peddlers ID card to the

applicant, agent, or employees under this chapter for any of the following

reasons:

The location and time of solicitation or peddling would endanger the

safety and welfare of the solicitors, peddlers, or their customers.

An investigation reveals that the applicant falsified information on the

application.

The applicant has been convicted of a felony within the last five years

preceding the date of the application.

The applicant, employee or agent offers no proof of authority to serve as

an agent.

The applicant, agent or employee has been denied a permit under this

chapter within the preceding past five years, unless the applicant can

and does show to the satisfaction of the Town Clerk that the reasons for

such earlier denial no longer exist.

The Town Clerk disapproval and the reasons for disapproval shall be

noted on the application, and the applicant shall be notified that his or her

application is disapproved and that no permit will be issued. Notice shall be

mailed to the applicant at the address shown on the application form or at the

applicant last known address.

129-7 Permit expiration.

All permits issued under the provisions of this chapter shall expire one year

from the date of issuance unless an earlier expiration date is noted on the

permit.

129-8 Identification badges.

Exclusive of any religious, charitable, or not-for-profit organization, any person

soliciting or peddling within the Town of Marion shall wear an identification

badge upon which shall show the name of the individual soliciting or peddling,

the organization upon whose request the solicitation or peddling is made

along with a recent photograph of the person so soliciting or peddling.

129-9 Permit exhibition.

Every person required to obtain a permit under the provisions of this chapter

shall exhibit the permit when requested to do so by any prospective customer

or individual.

129-10 Transfer prohibited.

It shall be unlawful for any person other than the permittee to use or wear any

permit or badge issued under the provisions of this chapter. The person

designated on said permit or badge shall be the only person authorized to

engage in such business thereunder.

129-11 Entry upon signed premises unlawful.

It shall be unlawful for any person, whether permitted or unpermitted, while

conducting the business of a peddler or solicitor, to enter upon any residential

premises in the Town of Marion where the owner, occupant or person legally

in charge of the premises has posted at the entry to the premises, or at the

entry to the principal building on the premises, a sign bearing the words “

Peddlers, solicitation; or words of similar import.

129-12 Hours of solicitation.

No person, while conducting the activities of a peddler or solicitor, whether

permitted or unpermitted, shall enter upon any private property, knock on

doors or otherwise disturb persons in their residences on Sundays or any

other days before 9:00 a.m. or after sunset.

129-13 Permit revocation.

Any permit issued under this chapter may be revoked or suspended by the

Town Clerk, after notice and a hearing of the Town Board, for any of the

following reasons:

Fraud, misrepresentation, or false statement contained in the

application for a permit.

Fraud, misrepresentation, or false statement made by the permittee

while conducting solicitation or peddling activities.

Conducting peddling or solicitation activities contrary to the provisions in

the permit.

Conviction for any felony.
Conducting peddling or solicitation activities in such a manner as to

create a public nuisance, constitute a breach of the peace or endanger

the health, safety, or general welfare of the public.

Any fees paid are nonrefundable.

129-14 Notice and hearing.

Notice of a hearing of the Town Board for revocation of a permit issued under

this chapter shall be provided in writing and shall set forth specifically the

grounds for the proposed revocation and the time and place of the hearing.

Notice shall be mailed, postage prepaid, to the permittee at the address

shown on the permit application or at the last known address of the permittee.

129-15 Appeals.

Any person aggrieved by the action or decision of the Town Clerk to deny,

suspend, or revoke a permit applied for under the provisions of this chapter

shall have the right to appeal such action or decision to the Town Board within

15 days after the notice of the action or decision has been mailed to the

person address as shown on the permit application form or to his or her last

known address.

An appeal shall be taken by filing with the Town Clerk a written statement

setting forth the grounds for the appeal.

The Town Clerk shall transmit the written statement to the Town Supervisor

within 10 days of its receipt, and the Town Supervisor shall set a time and

place for a hearing on the appeal.

A hearing shall be set not later than 20 days from the date of receipt of the

appellant written statement.

Notice of the time and place of the hearing shall be given to the appellant in

the same manner as provided for the mailing of notice of action or decision.

The decision of the Town Board on the appeal shall be final and binding on

all parties concerned.

The Town shall not be responsible for any lost sales opportunities due to

the appeals process.

129-16 Penalties for offenses.

Violation of any of the provisions of this chapter shall be treated as a

violation and shall, upon conviction, be punishable by a fine of not more than

$250 and up to 15 days in jail.

In addition to any criminal enforcement, the Town of Marion or any

individual may pursue any available civil remedies deemed appropriate and

necessary.

129-17 Severability.

The provisions of this chapter are deemed and declared to be severable. If

any section, sentence, clause, or phrase of this chapter shall, for any reason,

be held to be invalid or unconstitutional by a court of competent jurisdiction,

such decisions shall not affect the validity of the remaining sections,

sentences, clauses, and phrases of this chapter, but they shall remain in

effect, it being the legislative intent that this chapter shall remain in effect

notwithstanding the validity of any part.

129-18 Disabled veterans.

A disabled veteran, who has obtained a permit pursuant to this chapter, shall

not be subject to the terms and conditions of this chapter (other than the

permit requirement), so long as he or she conducts his or her business

without the use of a motorized vehicle.

129-19 Prohibited acts.

No person engaged in soliciting or peddling or acting as a transient

merchant shall occupy the streets or alleys or sidewalks of the Town of Marion

for purposes of soliciting or peddling, with or without any type of stand,

counter, cart, etc.

No peddler or solicitor shall peddle, vend, or sell his or her goods or wares

within 200 feet any church or place of worship or public or private school

during regular business hours.

No person shall solicit any business whatsoever at the scene of any

accident within the Town of Marion.

All permittees offering for sale any ice cream or frozen food product, or

water ices shall observe the following specified requirements:

No bell, whistle, horn, or other noisemaking device shall be used for

vending purposes.

No vending shall be permitted from vehicles located on state highways.
No product shall be sold or dispensed to any child who must cross any

street or highway to the vehicle from which products are sold or

dispensed unless such child is accompanied by and under the

immediate supervision and protection of the driver of said vehicle or

other adult and such child is returned across such street or highway in

the same manner before such vehicle shall leave the immediate location

from which products are sold or dispensed. The driver of such vehicle

shall not leave any area where he or she has sold or dispensed any

product until all empty cartons, paper containers or other waste

materials originating from said vehicle have been removed and placed

in a container inside the vehicle.

No vending shall be conducted within a distance of 75 feet of the radius

curve of any street or highway intersection or from any other location which

may obstruct the normal flow of traffic.

WHEREAS, the Town Clerk has recommended adding Chapter 129 Peddling & Soliciting to the Zoning Code; now

BE IT RESOLVED, that the Marion Town Board authorizes amending the Zoning Code effective January 3, 2023; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Code Enforcement Officer and the Town Clerk.

Resolution #108-23 Authorize Amended Fee Schedule Local Law #2-2023

On a motion by Councilman Bliek and seconded by Councilwoman Herman

ADOPTED: Long Roll:

Councilman Lonneville – Aye

Councilwoman Cramer – Aye

Councilwoman Herman – Aye

Councilman Bliek – Aye

Supervisor Bender – Aye

Ayes: 5

Abstained: 0

Nayes: 0

The following resolution was adopted

WHEREAS, the Code Enforcement Officer of the Town of Marion has recommended a new fee schedule for the Town of Marion; now

BE IT RESOLVED, that the Marion Town Board adopts the fee schedule with the following changes effective January 3, 2023:

Section Zoning – Chapter 129 Peddler’s Permit – $25 per day, per person

$100.00 per year, per person

Part F: Waste Water Fees

Unit charge $42.00

for First 3,000 gallons of water $17.00

Per thousand gallons used, thereafter $4.05

Part G: Construction & Permit Fees – Residential

Permit renewal Full permit cost

New Dwelling Units

One & Town Family $250.00

Multifamily Dwellings $600.00 plus $150 per dwelling

Truss Placard $15.00

Mobile Home Installations $150.00

Additions

Garage Attached $100.00

Porch Enclosures Attached $60.00

Porch Roof attached $60.00

Deck Attached $60.00

Alternations to existing building

Structural $60.00

Plumbing $60.00

Electrical $60.00

HVAC $60.00

Accessory Building Detached

Garage Detached $60.00

Pole Barn up to 500 sq ft. $60.00

Pole Barn over 500 sq ft. $75.00

Storage Shed $60.00

Other Construction & Permit Fees

Solid Fuel Appliance Including wood stove

Pellet stove, coal stove, fireplaces, fireplace

Inserts, similar appliances $60.00

Solid fuel chimney Removed

Swimming pools- Above $60.00

In Ground $100.00

Decks (free standing) $60.00

Fences $60.00

Generators (on demand) $60.00

Fuel Storage Tanks (underground only) $60.00

Installation or removal

New roof $60.00

Part H: Construction & Permit Fees – Commercial & Industrial

Permit Renewal Full Permit Cost

New Buildings

Footage over 5,000 sq ft. $250.00

Footage over 10,000 sq ft. $250 plus .05 per sq ft

Part I: Construction & Permit Fees – Agricultural

Non-Habitable Farm Buildings

New $60.00

Additions $60.00

Fuel Tanks (Install and removal) $60.00

Part J: Construction Fees – Other

Demolition Work $60.00

Signage – New $60.00

Signage – Replacement $60.00

Signage – Alteration $60.00

Septic Systems

Repair $60.00

Replace Leach Field $60.00

Complete Replacement $100.00

Perk Test & Deep holes $100.00

Part L: Security Fees

Construction Permits

All construction projects, unless otherwise

Noted with an (*), require a security deposit

To be collected at the time the permit is issued.

The deposit will be returned after a C of C is

Issued by the Town of Marion. Removed – no longer required.

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to the Code Enforcement Officer, Chief Operator WWTP and the Town Clerk.

Resolution #109-23 Authorize Re-Appointment of Julie Stryker to Library Board of Trustees

On a motion by Councilman Bliek and seconded by Councilwoman Herman

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board re-appoints Julie Stryker, 4057 Maple Avenue, Marion, to Library Board of Trustees effective January 1, 2023 thru December 31, 2027; and

BE IT RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Julie Stryker, Library Manager, and the Principal Account Clerk.

Resolution #110-23 Appointment to Drainage Committee

On a motion by Councilman Bliek and seconded by Councilwoman Herman

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board re-appoints Michael Means to the Drainage Committee effective January 1, 2023 thru December 31, 2027 and:

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

Resolution #111-23 Appointment to Drainage Committee

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board re-appoints Mark Haskins to the Drainage Committee effective January 1, 2023 thru December 31, 2027 and; and

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

Resolution #112-23 Re-Appoint David Vinke to the Marion Planning Board

On a motion by Councilman Cramer and seconded by Councilman Bliek

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the appointment of David Vinke as a Planning Board Member effective January 1, 2023 thru December 31, 2029; and

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

Resolution #113-23 Re-Appoint John Lonneville as Alternate to the Marion Zoning Board of Appeals

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board authorizes the appointment of John Lonneville as Alternate to the Zoning Board of Appeals Member effective January 1, 2023 thru December 31, 2029; and

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

Resolution #114-23 Prepays 12/14/22 Payment of Claims

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED: Ayes: 5 Bender, Bliek, Lonneville, Herman, Cramer

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 1083.27

Sewer 1295.78

Street Lighting 2850.92

Total $5229.97

Additional Citizen Comments:

John Cornell spoke first and wanted to know the difference between charging a bond for the burnt out building or charging a fine? What would be the best way to go?

John Lonneville thanked Supervisor Bender, Councilman Bliek and Councilmen Lonneville for attending the Pearl Harbor Memorial held at the Marion American Legion on December 7^th. Mr. Lonneville also stated that the ‘Four Champlin’s ceremony’ will be held with the Second Reformed Church in February. The date has not been determined however, when it does become available, Mr. Lonneville will let the Town Board know.

Caryn Devlin stated that the Wayne County Memories books is now available for sale. Price is $27. The book was created as a fundraiser for the Wayne County Bicentennial Committee.

On a motion from Councilwoman Herman and seconded by Councilman Cramer, the Town Board moved into executive session at 7:11pm to discuss employment history of a particular person.

On a motion from Councilwoman Herman and seconded by Councilman Cramer, the executive session was closed at 7:45pm.

With no further business, on a motion by Councilman Bliek and seconded by Councilman Cramer, Supervisor Bender closed the meeting at 7:48pm.

Next meetings are scheduled for:

Meeting/Workshop: Monday, January 9, 2023 @ 6:30pm

Meeting/Workshop: Monday, January 23, 2023 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board

1.3.2023 Town Board Meeting Minutes