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5.13.2024 Meeting Minutes

TOWN BOARD Meeting Minutes

Marion Court Room

Monday, May 13, 2024

A Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, May 13, 2024 at the Marion Court Room.

Supervisor Johnson called the meeting to order at 6:30pm and asked the Clerk of the Board to give a roll call.

PRESENT:         Summer Johnson, Supervisor

Michael Cramer, Councilman

Ronald Lonneville, Councilman

Margi Taber, Councilwoman

ABSENT:          Julie Herman, Councilwoman

OTHERS IN ATTENDANCE:  21 citizens were in attendance.

Supervisor Johnson asked everyone to stand and give the Pledge of Allegiance.

Public Hearing: – None

Discussion:

  1. Pioneer Gas Engine Association regarding show in July
  2. Parks and Recreation Advisory Board
  3. Re-painting kick board at Town Park
  4. Town Hall Window Washing
  5. Green Energy Project Grant
  6. FEMA region flood map
  7. Updates to Town Hall IT, computers
  8. Dogs @ Cemetery
  9. Park Maintenance

Correspondence: 

  1. Samantha Starks – Regarding Meeting Notes

Citizens Comments:  4 Residents asked to speak and were given 3 minutes each to do so.

Committees Reports were given:   

                                                              Chair                         Co-Chair

Deputy Supervisor                     Michael Cramer

Town Clerk                                Julie Herman        Summer Johnson

Water, Sewer                    Ronald Lonneville                    Margi Taber

Public Safety                   Summer Johnson

Judicial                    Margi Taber                              Julie Herman

Library                     Margi Taber

Parks, Recreation         Margi Taber              Summer Johnson

Assessor                 Ronald Lonneville

Historian               Julie Herman                    Ronald Lonneville

Zoning, Planning         Michael Cramer           Summer Johnson

Highway           Summer Johnson                     Ronald Lonneville

Drainage              Julie Herman

Cemetery                Michael Cramer                       Julie Herman

Code Enforcement Officer     Ronald Lonneville         Michael Cramer

Reports:

  1. Town Clerk
  2. Supervisor
    1. Money Market
    2. Operating Statement
    3. Trial Balance
  3. Marion Fire District
  4. Assessor
  5. Code Officer
  6. Library
  7. Dog Control
  8. Justice
    1. Bonafede
    2. Bender
  9. Planning/Zoning Board
  10. Wayne County 911                                                                                11.WCWSA

Resolutions:

Resolution #5012024 Accept Town Board Meeting Minutes April 9th and 22nd       

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board accepts the  April 9th and 22nd Town Board meeting minutes.

Resolution #5022024 Receive and File all Correspondence/Reports for May 13th, 2024

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

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 May 13th 2024.

Resolution #5032024 Amend Resolution # 411-24 to Include Expense Account and Not to Exceed Amount – Award Bid to Bovet Landscaping for Mowing

 On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board sent out RFP’s for mowing and property maintenance; and

BE IT RESOLVED, that the Marion Town Board received one bid; and

BE IT RESOLVED, that the Marion Town Board authorizes John Bovet from Bovet Landscaping to mow the abandon cemeteries in Marion and perform mowing and maintenance on Town properties that are located on both South and North Main streets; and

BE IT RESOLVED, to be expensed out of the following accounts:

  1. 85104.01.000.232 – Main Street maintenance not to exceed $1,800.00
  2. 88104.01.000.000 – Abandoned Cemeteries not to exceed $2,730.00

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

Resolution # 05042024 Authorize Supervisor to attend OSC Accounting Course (online) School on May 29th and May 30th 

On a motion by Councilman Lonneville and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board authorizes the supervisor to attend OSC accounting course (online) school May 29th and May 30th; and

BE IT RESOLVED, with an amount not to exceed $100 expensed from account number 10104.01.000.016; and

BE IT FURTHER RESOLVED, that the Marion Town Board directs the Clerk of the Board to give a copy of this resolution to Summer Johnson and the Principal Account Clerk

Resolution #5052024 Resolution Authorize Adopting Town of Marion Hiring Process

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 1

Nays: 3

Long Roll:

Councilman Cramer –  Nay

Councilman Lonneville  – Nay

Councilwoman Taber – Nay

Supervisor Johnson – Aye

The following resolution was not approved.

WHEREAS, the Marion Town Board authorizes adopting Town of Marion hiring process; and

Town of Marion Hiring Process

March 8, 2024

Purpose: The purpose of this policy is to provide department heads and board members with the proper guidelines to conduct nondiscriminatory and fair interviews during the hiring process.

Except where otherwise provided, for purposes of this policy, employees shall be defined from section 200 and section 300 of the Town of Marion Employee Handbook, adopted and dated August 14, 2023.

Except as otherwise provided by law, all hiring must be in compliance with the New York State Civil Service Law and the Wayne County Civil Service Regulations.

  1. Applications
  1. All applications for open non-civil service positions will be collected by the town clerk or emailed to the appropriate department head.
  2. A copy of all applications will be given to the department head, committee chair and supervisor.
  3. Original applications must be kept on file and available by the supervisor.
  4. Once the hiring process is complete, all copies must be turned over and destroyed.

 

  1. Interviews

Town clerk roles that fall under deputy clerk or support staff for the town clerk are exempt from section two of this policy.

2.1 All applicants that meet the minimum qualifications will be required to interview.

2.1.1 Interviews type may include.

– Virtual

-In-person

2.2 Regardless of interview type, all interviews must take place at Marion Town Hall or The Marion Court offices.

2.3 Department heads and or committee chairs must notify all parties via email or phone call of the date and time of each interview to the supervisor.

2.4 Department heads and or committee chairs are restricted from contacting any applicant pre-interview regarding any personal matters, inquiries, or to discuss any matter protected under the Equal Employment Opportunity policy as written in the Town of Marion Employee Handbook (August,2023).

2.5 All interviews will be conducted in the following manner:

2.5.1 Department head, committee chair and Supervisor, or

2.5.2 Committee chair and committee vice chair or

2.5.3 Department head and Supervisor or

2.5.4 Committee chair and Supervisor

2.6 All eligible candidates will be interviewed.

2.7 Once interviews for all candidates are completed, interviewers must then request an executive session for the next available board meeting to discuss candidates and their qualifications.

2.8 Department heads and Committee chairs may place recommendations.

2.9 No resolution for employment will be placed on the agenda without a prior executive session.

  1. 3.  Resolutions

3.1 Upon agreement or recommendation during executive session, the department head or committee chair may place a resolution on the agenda for their potential hire.

3.2 The resolution must include the following:

-Full name of applicant being hired

-Positions hired for

-Rate of pay

-Effective date of employment

-Direct supervisor listed

Onboarding

  1. Onboarding will take place no more than two weeks after resolution approval.
  2. The department head or Supervisor is responsible for contacting new employees and scheduling the on-boarding meeting.
  3. The department head or Supervisor is responsible for the new hire’s paperwork, work documentation and any other work-related materials necessary for the role.
  4. All new hires must receive a copy of the Town of Marion’s Policies and Procedures and sign off on receiving it.

BE IT RESOLVED, that the Marion Town Board adopts the above hiring policy; and

 

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

 

Resolution #5062024 Authorize the Extension of Emma Erdeli, Historian to May 30, 2024

 

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board hired Emma Erdeli for Historian; and

BE IT RESOLVED, the Town Board authorizes the extension of her probation period to be until May 30, 2024; and

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

Resolution #5072024 Authorize Public Hearing for a Local Law Entitled “Real Property Tax Levy Limit”

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

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 as follows:

The Marion Town Board will hold a Public Hearing on June 10, 2024, @ 6:30 PM, at the Marion Court Room, 3827 North Main Street, Marion, for a proposed Local Law #2 – 2024 regarding the “Real Property Tax Levy Limit” as follows:

Local Law #2 – 2024 “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 2025 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 2025 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.

Resolution #5082024 Authorize Hiring Steven Taber Jr. for 2024 Seasonal Lawn Care/Maintenance at the Marion Cemetery

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 3

Nays: 0

Abstained:  1

Long Roll:

Councilman Cramer –  Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Abstained

Supervisor Johnson – Aye

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes Steven Taber Jr. for 2024 seasonal Lawn Care/Maintenance for the Marion Cemetery remuneration of $15/hour to be appropriated from account 88101.01.000.255; and

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

Resolution #5092024 Authorize Hiring Roger Ortiz for 2024 Seasonal Lawn Care/Maintenance at the Marion Cemetery

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Ayes: 4

Nays: 0

Abstained:  0

Long Roll:

Councilman Cramer –  Aye

Councilman Lonneville  – Aye

Councilwoman Taber – Aye

Supervisor Johnson – Aye

The following resolution was adopted.

BE IT RESOLVED, that the Marion Town Board authorizes Roger Ortiz for 2024 seasonal Lawn Care/Maintenance for the Marion Cemetery remuneration of $15/hour to be appropriated from account 88101.01.000.255; and

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

Resolution #5102024 Authorize Advertising for Position of Highway MEO

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

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 of Highway MEO; and

The Town of Marion is accepting applications on a rolling basis for the position of Highway MEO, Applications may be picked up at the Marion Town Clerk’s Office; and

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

Resolution #5112024 Authorize Advertising for 2nd Deputy Town Clerk

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

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 in the Marion Town Clerk’s Office; and

The Town of Marion is accepting applications on a rolling basis for the position of 2nd Deputy Town Clerk.  Applications may be picked up at the Marion Town Clerk’s Office; and

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

Resolution # 5122024 Authorize Public Hearing for Appropriation from Town Hall Reserve

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

BE IT RESOLVED, the Marion Town Board Authorizes a public hearing for appropriation from Town Hall  reserve on June 10, 2024 @ 6:30 pm; and

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

Resolution #5132024 Set Standard Workdays and Reporting for Elected Officials

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

BE IT RESOLVED, that the Marion Town Board hereby establishes the following as standard workdays for the following elected officials and will report the following days worked to the New York State and Local Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this board; and

Elected Officials

Title                 Name          Standard   Term Begins/     Employer     Days/Months

workday        Ends              of Record   (based on time Record of                                                                                                      Time Worked    Activities)

(Y/N)

Town Justice    Paul Bender             6                   1/1/24-12/31/27        N          Not submitted

Town Council   Margaret Taber         6                1/1/24-12/31/27      N                       8.64

Town Council   Michael Cramer       6                   1/1/22 – 12/31/25   N                          2.25

Town Council  Ronald Lonneville                         1/1/24-12/31/27     N    Not a member of NYSLRS

Supervisor       Summer Johnson                           1/1/24-12/31/27     N     Not a member of NYSLRS

AND BE IT RESOLVED, the Marion Town Board directs the clerk of the board to certify and file the appropriate paperwork with the New York State and Local Retirement System and post said resolution on the website for the Town of Marion and on the bulletin board at the Marion Town Hall for 30 days; 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 #5142024 Payment of Claims

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

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                                               $56,476.85    Voucher # 18280, 18281, 18285-18293, 18305-18308, 18312, 18319-18327, 18330-18339, 18330,18340,18351, 18357, 18358, 18360-18361, 18364-18369, 18372-18381, 18383-18391, 18394, 18396-18406

 

Highway                                             $16,247.78       Voucher # 18281-18284, 18294-183004, 18309-18311, 18313-18318, 18326, 18229, 18347, 18362, 18369, & 18392

 

Library                                                  $2,226.27       Voucher# 18328, 18369, 18374, 18398, 18400, 18406

 

Water                                                          $0.00

 

Sewer                                                         $7,126.60        Voucher# 18281, 18326, 18338,18341-18346, 18352-18356, 18359, 18363, 18369, 18374, 18377, 18395, 18397-18400, 18406

 

Street Lighting                                      $2,248.06     Voucher# 18400 & 18406

 

Williamson Water District                   $1,058.00    Voucher # 18393

 

Trust & Agency                                        $2,111.26     Voucher# 18348-18350, 18369-18371

 

Total                                                   $87,494.82

 

 Resolution #5152024 Accept Resignation of Robyn Montanaro as 2nd Deputy Town Clerk

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

 WHEREAS, Robyn Montanaro has submitted her resignation as 2nd Deputy Town Clerk effective 5/3/2024; now

BE IT RESOLVED, that the Marion Town Board regretfully accept the resignation of Robyn Montanaro; now

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

Resolution #5162024 Award Bid to Senecal Memorials for Cemetery Foundation

On a motion by Councilman Lonneville and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board sent out an RFP to solicit proposals for cemetery foundation work; and

WHEREAS, three estimates were received; and

BE IT RESOLVED, that the Marion Town Board awards the bid to Senecal Memorials with an amount not to exceed $.75 cents per square inch to be expensed as follows:

88104.01.0.004   $.75 cents per square inch;

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 #5172024 Sign and Accept Wayne County Summer Recreation Grant Owner Consultant Agreement for 2024

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board has been awarded a Summer Recreation Grant form Wayne County Aging and Youth; now ; and

BE IT RESOLVED, that the Marion Town Board accepts the Wayne County Summer Recreation Grant Owner Consultant Agreement for 2024; and

BE IT FURTHER RESOLVED, the Marion Town Board authorizes the supervisor to sign the grant agreement; 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 #5182024 Allow Marion Town Court to Establish a Petty Cash Fund

On a motion from Councilman Cramer and seconded by Councilman Lonneville, this resolution was tabled.

WHEREAS, the Marion Town is in need of establishing a petty cash fund; and

BE IT RESOLVED, that the Marion Town Board allows the Marion Town Court to establish a petty cash fund for $100; and

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

Resolution #5192024  Authorize Town Board to send an RFP to have windows at Town Hall and Town Court cleaned.

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board needs to have the windows at the Marion Town Hall and Town Court windows cleaned for 2024; and

BE IT RESOLVED, the Town Board authorizes to send out an RFP to have the windows at both the Town Hall and Town Court room cleaned for 2024 with estimates to be returned no later than June 7, 2024; and

BE IT FURTHER 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 # 5202024 Authorize Town Board to send an RFP for New Computer Equipment

On a motion by Councilman Cramer and seconded by Councilwoman Taber

ADOPTED:       Ayes: 4 Cramer, Lonneville, Taber, Johnson

Nays: 0

The following resolution was adopted

WHEREAS, the Marion Town Board is looking at replacing computer equipment at the Marion Town Hall, Sewer Department, Highway Department and Town Court; and

BE IT RESOLVED, the Town Board authorizes to send out an RFP for new computer equipment at the Town Hall, Sewer Department, Highway Department and Town Court room with estimates to be returned no later than June 7, 2024; and

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

 Additional Citizen Comments:  2 residents spoke during this section of the meeting.  Each resident was given 3 minutes to speak.

With no further business, on a motion by Councilman Cramer and seconded by Councilman Lonneville, Supervisor Johnson closed the meeting at 8:17pm.

Next meetings are scheduled for:

Meeting/Workshop:             Tuesday, May 28, 2024 @ 6:30pm

Meeting/Workshop:            Monday, June 10, 2024 @ 6:30pm

_____________________________________________

Heidi M. Levan, Clerk of the Board