9.8.2025 Meeting Minutes

PRESENT:

• Summer Johnson, Supervisor
• Michael Cramer, Councilman
• Julie Herman, Councilwoman
• Ronald Lonneville, Councilman
• Margi Taber, Councilwoman

ABSENT:

OTHERS IN ATTENDANCE:

Jeff Cragg; Tracy Whitney, Marion Public Library Director; Marcia Lonneville; Theresa Kuhn; Penny Shaw; Gary Shaw; Rob Marshall; David DeRoo, Marion Highway Department; Kirsten DeRoo; Barb Schoonerman; Joan Fisher; Adam Hoffman; Jennifer Williams; Casey Carpenter, Times of Wayne County; Kim Wemesfelder; Valerie Vangee; Maddyson Fowler; Michael Ciripompa; Joan Sewert; Emma Kelley; David Hasler; David Fulvio, Town of Marion Attorney.

Acknowledgements:

• Thank you to the Marion Highway Department for rehanging the American Flag at the Town Park (broken rope) (Councilman Lonneville)
• Thank you to the Marion Highway Department for hanging the Marion Fall Festival sign over South Main Street (Councilman Lonneville)

Public Hearing:

1. 6:31 – Local Law #1 – Real Property Tax Levy Limit
2. 6:36 – Authorize the use of Contingency Funds – Website
3. 6:37 – Authorize the use of Reserve Funds

Local Law #1 – Real Property Tax Levy Limit: The public hearing opened at 6:31pm with the Clerk of the Board reading the legal notice aloud. Supervisor Johnson then asked if anyone in the room had questions regarding the hearing notice. A resident asked if the Town Board could justify why the Town would go over the 2% tax cap and requested justification. After asking three times, the public hearing was closed at 6:35pm.

Authorize the use of Contingency Funds – Website: The public hearing opened at 6:36pm with the Clerk of the Board reading the legal notice aloud. Supervisor Johnson asked if anyone had questions or concerns three times and, with no one coming forward, the public hearing was closed at 6:37pm.

Authorize the use of Reserve Funds: The public hearing opened at 6:37pm with the Clerk of the Board reading the legal notice aloud. Supervisor Johnson asked if anyone had questions or concerns three times and, with no one coming forward, the public hearing was closed at 6:38pm.

Correspondence:

• Letter from Marion Historic Association – Haunting in the Hamlet & cleaning and repairing in the Hall Center Road Cemetery

Town Business:

1. Hiring Policy (Councilwoman Taber)
2. Workplace Violence Policy (Supervisor Johnson)
3. Vandalism at Town Park (Councilman Lonneville)
4. Budget Workshop Dates (Supervisor Johnson)

5. Part-time Parks & Recreation Staff (Supervisor Johnson)
6. Part-time Highway Department Workforce Development (Supervisor Johnson)
7. Historian Laptop (Councilwoman Herman)
8. Budget numbers, anticipated health care cost, etc. (Councilman Cramer)
9. Update on Highway Contract Negotiations (Councilman Cramer)
10. RFP for Town Park Door (Councilman Cramer)
11. Marion Historic Association – Hall Center Cemetery

Citizen Comments:

Two residents spoke during this time.

Committees:

Reports:

1. Town Clerk – August 2025
2. Supervisor
   • Money Market – August 2025
   • Operating Statement – As of 9/4/2025
   • Trial Balance – August 2025
3. Assessor – August 2025
4. Code Officer – August 2025
5. Cemetery – August 2025
6. Justice
   • Bonafede – August 2025
   • Bender – August 2025
7. Dog Control – August 2025
8. Planning/Zoning Board – August 2025
9. Library – 2025 Summer Reading
10. Parks & Rec Advisory – N/A
11. Bicentennial Minutes – N/A
12. WCWSA – August 26, 2025
13. Wayne County 911 – N/A
14. Marion Fire District – July 8, 2025
15. Town & County Tax Collection Report – N/A
16. Historian Report – N/A

Resolutions:

1. Accept Town Board Meeting Minutes for August 11^th & 25^th, 2025
2. Award RFP for Tree Removal Services at Cemetery to Ontario Tree
3. Abolish Sewer Chief Operator Position
4. Authorize Payment of Benefits to Jeffrey Cragg
5. Authorize hiring part-time town cleaner
6. Advertise for MEO position with CDL license
7. Authorize keeping Sewer Treatment Plant Truck
8. Authorize Advertising for Parking Lot Sealing
9. Approve Local Law #1 – Tax Levy Limit Override
10. Authorize the Use of Contingency Funds
11. Amend Resolution #812-2025
12. Payment of Claims
13. Authorize Jeff Cragg’s Credit Card to be Closed
14. Payment of Claims
15. Authorize Advertising for Part-time Maintenance

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Resolution #901-2025 Accept Town Board Meetings Minutes for August 11^th and 25^th, 2025

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board accepts the August 11^th and 25^th, 2025 Town Board meeting minutes.

Resolution #902-2025 Authorize Hiring Ontario Tree for Tree Removal at the Marion Cemetery

This resolution was tabled on a motion from Councilman Cramer and seconded by Councilwoman Herman.

WHEREAS, the Marion Town Board sent out a Request for Proposal to have three trees removed from the Marion Cemetery; and

BE IT RESOLVED, the Town of Marion received three proposals; and

BE IT RESOLVED, that the Marion Town Board authorizes the hiring of Ontario Tree for the amount not to exceed $6,000 to be taken from account #88104.01.0.142; 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 #903-2025 Abolish the Position of Marion Wastewater Treatment Chief Operator

On a motion by Councilman Lonneville and seconded by Councilman Cramer

ADOPTED: Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye – with regret
• Councilwoman Taber – Aye
• Supervisor Johnson – Aye

Ayes: 5

Nays: 0

The following resolution was approved.

WHEREAS, the Marion Town Board has determined that it is necessary to eliminate the Marion Sewer Department; and

WHEREAS, this decision is based on the Wayne County Water & Sewer Authority taking over the Marion Wastewater Treatment Plant, also known as the Marion Sewer Department; and

WHEREAS, the elimination of this position is not a reflection of the performance of the employee(s) who have operated the Wastewater Treatment Plant, but is a necessary action for the benefit of the residents; and

WHEREAS, the Town of Marion has followed all necessary procedures; now

BE IT RESOLVED, that the Marion Town Board hereby abolishes the position of Chief Wastewater Treatment Plant Operator effective August 17, 2025; and

BE IT FURTHER RESOLVED, that Jeffrey Cragg has been affected by this resolution and, in accordance with the Town of Marion Handbook, will be offered his accumulated benefits; and

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to give a copy of this resolution to Jeffrey Cragg, Principal Account Clerk, Kathy Cauwels, and the Wayne County Water & Sewer Authority.

Resolution #904-2025 Authorize Payment of Unused Accumulated Benefits to Jeffrey Cragg, Former Chief Operator of the Marion Wastewater Treatment Plant

On a motion by Councilman Lonneville and seconded by Councilwoman Herman

ADOPTED: Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye
• Councilwoman Taber – Aye
• Supervisor Johnson – Aye

Ayes: 5

Nays: 0

The following resolution was approved.

WHEREAS, the Marion Town Board has abolished the position of Chief Wastewater Treatment Plant Operator; and

WHEREAS, the Marion Town Board, following the Town of Marion Employee Handbook Section 803 – Separation of Employment, which states: in case of abolishment of a position, the employee will receive the same benefit as if the employee had retired; now

BE IT RESOLVED, that the Marion Town Board held a public hearing to move funds from the Sewer Reserve Funds to account #81301.07.0.160; and

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes the Principal Account Clerk to pay Jeffrey Cragg his accumulated benefits in total of $35,100.63; and

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to give a copy of this resolution to Jeffrey Cragg and Principal Account Clerk, Kathy Cauwels.

Resolution #905-2025 Authorize Hiring Part-time Cleaner

This resolution was tabled on a motion from Councilman Cramer and seconded by Councilwoman Herman.

WHEREAS, the Marion Town Board authorizes the hiring of Luke Tullock as part-time cleaner for the Town of Marion; and

BE IT RESOLVED, the Town Board authorizes the following accounts to be used for payroll, #16201.01.0.041 and #71101.01.0.041 at a rate of $18 per hour to clean the Town Hall, Town Court and Town Park; 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 and Luke Tullock.

Resolution #906-2025 Authorize Highway Superintendent to Advertise to Accept Applications for MEO Full-Time Position with valid CDL License at the Highway Department

On a motion by Councilwoman Herman and seconded by Councilman Lonneville

ADOPTED: Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye
• Councilwoman Taber – Aye
• Supervisor Johnson – Aye

Ayes: 5

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes Steven Taber, Highway Superintendent, to advertise in the legal newspaper for the Town of Marion that the Town of Marion is accepting applications for a full-time MEO position with a valid CDL license at the Marion Highway Department; and

BE IT RESOLVED, applications need to be returned no later than October 10, 2025; and

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

Resolution #907-2025 Authorize Town of Marion to Retain the Marion Wastewater Treatment Plant 2017 Ford Super Duty XL

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED: Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye
• Councilwoman Taber – Aye
• Supervisor Johnson – Aye

Ayes: 5

Nays: 0

The following resolution was approved.

BE IT RESOLVED, the Marion Town Board has determined they will retain the 2017 Ford Super Duty XL Wastewater Treatment Plant truck; and

NOW, THEREFORE, BE IT RESOLVED, that the Marion Town Supervisor has sent a letter to the Wayne County Water & Sewer Authority on August 27, 2025 stating that the Town of Marion will place $19,000 in the Operating Expense funds prior to the transfer to the Wayne County Water & Sewer Authority; and

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to give a copy of this resolution to Jeffrey Cragg, WCWSA and Principal Account Clerk, Kathy Cauwels.

Resolution #908-2025 Authorize Request for Proposal for Sealing of Parking Lots

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes request for proposals for driveway sealing for the two municipal parking lots, park parking lot, and the Marion Public Library to be completed between July 1, 2026 and July 30, 2026; and

BE IT RESOLVED, that all requests must be submitted to the Marion Town Clerk’s Office by October 10, 2025; and

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

Resolution #909-2025 Adopt Local Law #1-2025 Entitled “Real Property Tax Levy Limit”

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board adopts Local Law #1-2025 “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 2026 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 2026 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 #910-2025 Authorize the Use of Contingency Funds

On a motion by Councilwoman Herman and seconded by Councilman Cramer

ADOPTED: Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye
• Councilwoman Taber – Aye
• Supervisor Johnson – Aye

Ayes: 5

Nays: 0

The following resolution was approved.

BE IT RESOLVED, the Marion Town Board held a public hearing for the use of contingency funds for creating a new .gov website; and

NOW, THEREFORE, BE IT RESOLVED, that the Marion Town Board authorizes the transfer of contingency funds from account #19904.01.000.000 to account #10101.04.000.026 in an amount not to exceed $4,400 and $120 per hour for training, no more than 5 hours; and

BE IT FURTHER RESOLVED, that the Marion Town Board authorizes the Clerk of the Board to give a copy of this resolution to the Principal Account Clerk, Kathy Cauwels.

Resolution #911-2025 Amend Resolution #812-2025 Authorize Town Board to send an RFP to Repair the Outdoor Bathroom Door and Lock in the Marion Town Park Pavilion A

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes the amendment of Resolution #812-2025; and

WHEREAS, the Marion Town Board needs to have repairs made to the outdoor access bathroom to repair the door and lock at the Marion Town Park in Pavilion A; and

BE IT RESOLVED, the Town Board authorizes sending out an RFP to have repairs made to the outside access bathroom door at the Marion Town Park with estimates to be returned no later than October 31^st, 2025; 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 #912-2025 Payment of Claims

On a motion by Councilman Cramer and seconded by Councilwoman Herman

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

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.

Resolution #913-2025 Authorize Jeff Cragg’s Credit Card to be Closed

On a motion by Councilman Cramer and seconded by Councilman Lonneville

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes Jeff Cragg’s credit card to be closed; and

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

Resolution #914-2025 Payment of Claims

On a motion by Councilwoman Herman and seconded by Councilwoman Taber

ADOPTED: Ayes: 5   Herman, Lonneville, Taber, Cramer, Johnson

Nays: 0

The following resolution was approved.

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.

Resolution #915-2025 Authorize Advertising for Part-time Maintenance Staff

On a motion by Councilman Lonneville and seconded by Councilman Cramer

VOTE: Ayes: 4   Nays: 1

Long Roll:

• Councilman Cramer – Aye
• Councilwoman Herman – Aye
• Councilman Lonneville – Aye
• Councilwoman Taber – Aye
• Supervisor Johnson – Nay

The following resolution was approved.

BE IT RESOLVED, that the Marion Town Board authorizes advertising for the position of part-time maintenance staff member in the legal newspaper for the Town of Marion; and

BE IT RESOLVED, that all applications must be submitted to the Marion Town Clerk’s Office by October 6^th, 2025; and

BE IT FURTHER RESOLVED, 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:

Two residents spoke during this time.

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Executive Session:

The Town Board went into executive session on a motion from Councilwoman Herman and seconded by Councilman Cramer at 7:43pm to discuss the employment history of a particular person. The executive session was closed at 8:36pm on a motion from Councilwoman Herman and seconded by Councilman Cramer. The executive session was also attended by the Town of Marion Attorney, David Fulvio.