Marion Election and Meeting Results
Marion Special Town Meeting
October 28, 2013
October 28, 2013
Article S1: To see if the Town will vote to appropriate, upon the recommendation of the Community Preservation Committee, from the Fiscal Year 2014 estimated annual revenues, $87,750 for the purpose of meeting the requirements of the Community Preservation Act, G.L.C. 44B, section 6, for the purposes of Open Space, Community Housing and Historic Resources, for Fiscal Year 2014; and $204,750 to the Community Preservation Act Budgeted Reserves, or take any other action thereon.
Article S2: To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate $22,700 from Historic Resources reserves to Thomas O. Dexter for architecturally correct windows as part of the restoration of the Old Dexter Homestead at 366 Delano Road, Marion, MA; or take any other action thereon.
Article S3: To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate $13,640 from Open Space Reserves to enhance access to five (5) Open Space Properties (Grassi Bog, Goldovitz Bog, Washburn Park, Eastover Farm, Mecke Woods) owned by the Town of Marion; or take any other action thereon.
Article S4: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum not to exceed $349,108 to supplement the Fiscal Year 2014 Fire Department budget for the purpose of augmenting ambulance staffing and related expenses; or take any other action thereon.
PASSED with new language substituting Board of Selectmen for Fire Department
Article S5: To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $50,000 to be expended by the Dept. of Public Works for well exploration in the area of the town-owned Perry Hill Station on New Bedford Road in Rochester; or to take any other action thereon.
Article S6 To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $41,330 to be expended for the purpose of upgrading lighting and sensors at the Wastewater Treatment Plant to more efficient units; or to take any other action thereon.
NO VOTE TAKEN
Article S7 To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $14,284 and to thereby accept the revised Old Rochester Regional School District's Annual Maintenance and Operating Budget and Capital Budget as certified by the Old Rochester Regional School Committee on August 19, 2013; or take any other action thereon.
Article S8 To see if the Town will vote to amend the General Bylaws of the Town of Marion by deleting Article XXI - "Solicitation for Contributions or Commercial Purposes" in its entirety and inserting in place thereof the following:
ARTICLE XXI: Solicitation for Contributions or Commercial Purposes
This Bylaw and its regulations govern for-profit transient vendors/businesses,
hawkers and peddlers, and door-to-door solicitations pursuant to the authority granted
the Town of Marion. These regulations are intended to supplement, and not to replace or
override, the Massachusetts General Law governing the foregoing activities, all as set
forth in G.L. Chapter 101 SS 1 through 34.
Section 1. Definitions
The following terms shall have the meanings set forth in G.L. Chapter 101, SS1 et
seq., and are summarized for the purposes of these regulations as follows:
a. Transient Vendor'', "Transient Business": A transient vendor is a
person who conducts a transient business of profit. A transient
business (also called a temporary business) is any exhibition and sale
of goods, wares or merchandise which is carried on in any structure
(such as a building. tent, or booth) unless such place is open for
business during usual business hours for a period of at least 12
1. "Hawker and Peddler": Any person who goes from place to place within
the Town selling goods, whether on foot or in a vehicle, for profit, is a
hawker or peddler (these two terms are interchangeable).
2. "Person": For purposes of these regulations, the persons being regulated
herein are those persons over the age of 16 who are engaging in the
activities regulated herein for or on behalf of for-profit organizations.
Section 2. Purpose.
The purpose of these regulations is to ensure public safety by requiring
persons conducting the foregoing activities which historically have a high potential
for fraud and abuse to be licensed, either at the state level or local level, so that the
Town's citizenry will know who is conducting these activities and that, to the degree
set forth herein or in the applicable Massachusetts General Laws, they have
identified themselves to the proper authorities, are bonded if required, and satisfy the
Section 3. Scope.
These regulations shall apply to all persons conducting the foregoing activities
within the Town of Marion.
Section 4. Compliance Requirements:
Each person engaging in the foregoing activity shall, be subject to,
responsible for, and fully in compliance at all times with the following requirements:
1. Registration requirements.
a. Persons not registered (licensed) by the Commonwealth shall make
application for a Marion permit to the Chief of Police, on a form
containing the following information or on a form as prepared by the
Marion Police Department: The applicant's name, signature, home
address, the name and address of the owner or parties in whose interest the
business is to be conducted, their business address and phone number,
cellular telephone numbers for the applicant and business; a brief
description of the business to be conducted within the Town; the
applicant's social security number; the description and registration of any
motor vehicles used by the applicant; and whether the applicant has ever
been charged with a felony. The application shall be made under oath.
The applicant shall be photographed for purpose of identification.
b. The Chief of Police shall approve the application and issue a permit
within 48 hours, excluding Saturday, Sunday, and legal holidays, of its
filing unless he determines either that the application is incomplete, or that
the applicant is a convicted felon, or is a fugitive from justice. The
registration card shall be in the form of an identification card, containing
the name, signature and photograph of the licensee. Such card shall be
non-transferable and valid only for the person identified therein and for the
purpose as shown on the license. The card shall be valid for a period of
one (1) year from the date of issuance. Any such registration card shall be
void upon its surrender or revocation, or upon the filing of a report of loss
or theft with the Marion Police Department. The Chief of Police may
revoke such registration card for good cause.
c. Persons registered (licensed) by the Commonwealth shall not be
subject to the foregoing paragraph, but are required to make
themselves known to the Marion Police Department.
2. Permit or license to be visibly displayed.
Such state or local permit or license shall be displayed at all times while
the business activity is being conducted, and shall be provided to any
police officer upon request. The license shall also be affixed
conspicuously on the outer garment of the licensee whenever he or she
shall be engaged in the activity, except in the case of a transient business
when the license shall be displayed visibly within the structure where such
business is being conducted. Such permit or license, if issued locally, shall
be the property of the Town of Marion and shall be surrendered to the
Chief of Police upon its expiration.
3. Permit fee.
The filing of a copy of a state license as required shall not be subject to a
fee. The fee for a local permit shall be determined by the Board of
Selectmen after consultation with the Chief of Police.
4. Restrictions on activity.
a. No solicitations shall be made after 5:00 pm or before 8:00
b. No solicitations shall be made on official federal, state or
Town holidays or Sundays.
c. No person may use any plan, scheme or ruse, or make
any false statement of fact, regarding the true status or
mission of the person making the solicitation.
d. For good cause, the Chief of Police may further
regulate the hours and conditions under which the
licensee may engage in door-to-door selling.
5. Violations and Penalties.
a. Any and all violations of these regulations may be
enforced by any police officer, either by initiating
criminal proceedings, or through the non- criminal
disposition procedure set forth in Article XXIV of the
Town of Marion's General Bylaws.
b. Any person violating any one or more of these
regulations shall be subject to the following fines:
$150 for the first offense.
$300 for each subsequent offense, with each
such subsequent offense constituting a separate
c. Any person found committing a violation of these
regulations may be arrested by a police officer without a
Article S9 To see if the Town will vote, as authorized by Chapter 256 of the Acts of 2010, and incorporated into the Massachusetts General Laws as Chapter 6, Section 172 B to create a by-law substantially as follows enabling the Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: