Special TOWN BOARD Meeting Minutes
Marion Court Room
Monday, August 5, 2024
A Special Town Board meeting of the Town of Marion, Wayne County, NY was held on Monday, August 5, 2024 at 5:30p at the Marion Court Room.
Supervisor Johnson called the meeting to order at 5:30pm and asked the Clerk of the Board to give a roll call.
PRESENT: Summer Johnson, Supervisor
Michael Cramer, Councilman
Julie Herman, Councilwoman
Ronald Lonneville, Councilman
Margi Taber, Councilwoman
ABSENT:
OTHERS IN ATTENDANCE: Theresa Keyser; John Lonneville, member of the Zoning Board of Appeals; Marcia Lonneville; Adrienne Compton, Clerk to the Assessor, Zoning Board and Planning Board, Gary McLouth and 2 other residents.
Supervisor Johnson asked everyone to stand and give the Pledge of Allegiance.
Supervisor Johnson started the meeting by asking the Clerk of the Board to read the legal notice. The Clerk read the following notice that was posted on the sign board at the Town Hall, Legal newspaper the Times of Wayne County, and the Town website.
RE: NOTICE OF SPECIAL MEETING
Pursuant to section §206-8, Inquiry by Town Board, Theresa Keyser, residing at 3758 Mill St, Marion, NY and by being served personally by The Town of Marion Code Enforcement Officer on or around July 22, 2024 for a violation; therefore requests, in writing, a review by the Town Board of such violation. A special meeting will take place on: August 5 , 2024 at 5:30pm in the Court Building. At this time, the aggrieved person(s) may address the board regarding the violation. The town board will determine the final cause of action and or violation. A copy of this notice will be delivered to all parties involved.
Respectfully submitted, Summer Johnson Supervisor
Supervisor Johnson asked Theresa Keyser to speak first because Ms. Keyser asked for a hearing regarding a violation letter she received from the Town of Marion Code Enforcement Officer. This was the second violation letter sent.
Ms. Keyser first thanked the Town Board for meeting again to discuss this matter. Ms. Keyser would like a few things in her second violation letter to be cleared up.
First – Ms. Keyser stated the second notice still had errors, such as the date of the letter. This is the year 2024 not 2023.
Ms. Keyser stated her original project was for 101 tires to create a raised flower bed however after the first violation letter and subsequent discussions among neighbors, she has decided to stop at the 14 tires she currently has staked, filled with soil, and plants.
Ms. Keyser asked the following questions to the Town Board.
What is obnoxious weeds? Ms. Keyser has searched the NYS DEC website and weeds is not a clear definition. What someone might consider weeds, others consider pollinator plants. For the Town of Marion, What is the Code referring to regarding weeds?
What is the definition of Junk? One mans junk is another mans treasure. Ms. Keyser is recycling and reusing old tires to create a raised flower bed. When an object is given a new use, is it still considered junk?
What is considered an accumulation of junk?
Code Enforcement Officer, Daren Arrington stated in the violation letter that was sent that this was unsightly to the neighborhood and the tires would adversely affect the neighborhood or Town properties. Ms. Keyser presented the Town Board with 15 different photographs of properties within the hamlet of Marion that she feels have more violations than her 14 tires. These pictures were shown to the Town Board members.
Supervisor Johnson spoke next and stated a variety of members of the Town Board have touched base with the NYS DEC regarding the tires. The DEC has stated that under 150 tires and under 6 foot tall was acceptable. Supervisor Johnson asked for feedback from the Town Board on this matter.
Councilman Cramer stated that he also spoke to the NYS DEC and feels that no clear answer was given. Councilman Cramer also stated that a tire is considered junk and the only way to refurbish it is to grind it.
Councilman Lonneville stated that the tires are unsightly and should be removed.
Councilwoman Herman asked Ms. Keyser what else she was looking to do. Would she stop at the current 14 tires she has in place? Ms. Keyser answered – yes. She would only use the current 14 tires.
Supervisor Johnson stated that telling a homeowner what they can and can’t do on their property is a very slippery slope and an overreach of government. What do you do on your property is up to the homeowner.
Supervisor Johnson went onto saying that section 206-A of the Town of Marion Code does not give a clear explanation of the term “junk”. Nor does it address what “accumulation” is considered. This issue needs to be cleared up before anything else.
Attendees at the meeting stated that there are many houses in Marion that need to be cleaned up and as a neighbor of Ms. Keyser there are bigger problems than her house. Why is she being targeted? This neighbor was perfectly fine with the tire raised garden bed.
Mr. McLouth spoke next and stated he feels this is an environmental & health concern. Mr.McLouth went onto say that you can’t just adjust a law because you don’t like the outcome. He wants the violation enforced and either the tires removed, or Ms. Keyser should receive a fine each day that it’s not taken down. Mr. McLouth did raise his voice and was asked to not speak over Supervisor Johnson.
The Town Board members continued to discuss this matter and then decided to take a vote on how this matter should proceed.
Supervisor Johnson asked that a “Stay in Place” be issued, meaning the 14 tires stay and don’t need to be removed, until a clarification of the Town of Marion Code and be updated. Supervisor Johnson asked the Town Board members to vote yes or not.
Councilman Cramer stated – No, he would like the tires removed immediately
Councilman Lonneville stated – No, the tires should be removed.
Councilwoman Taber stated – Yes, the 14 tires is better than the original project projection of 101 tires and feels they can stay. Once the Code for the Town has been cleared up then a final decision can be made but nothing should change until that time.
Counciwoman Herman stated – Yes, the 14 tires can stay and agreed with Councilwoman Taber’s statement.
Supervisor Johnson stated – Yes, the 14 tires can stay.
This give the vote 3 to 2 and Ms. Keyser is allowed to keep the 14 tires until the Code has been updated and a final decision can be made.
Resolutions:
- Payment of Claims
Resolution # 8012024 Payment of Claims
On a motion by Councilwoman Herman and seconded by Councilman Cramer
ADOPTED: Ayes: 5 Cramer, Herman, 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 $11,749.00 Voucher #’s 18722-18727
Total: $11,749.00
With no further business, on a motion by Councilman Cramer and seconded by Councilwoman Herman, Supervisor Johnson closed the meeting at 6:14pm.
Next meetings are scheduled for:
Meeting: Monday August 12, 2024 @ 6:30pm
Meeting: Monday, August 26, 2024 @ 6:30pm
_____________________________________________
Heidi M. Levan, Town Clerk/Clerk of the Board