The Marion Annual Town Meeting on May 8 started out with all smiles during fifth grader Nolan Gibbons’ rendition of the National Anthem, but over five hours later and just two minutes shy of midnight, the barely-a-quorum crowd ended the evening with yawns and an urgency to get business wrapped up in one night.
With a warrant peppered with articles pertaining to the wastewater treatment plant, residents stalled on each one that even mentioned wastewater as one after the other, voters took to the microphone to pontificate over the unfairness of the system and the rising rates of water and sewer for the 1,600 homes connected.
There were some who remained on septic, expressing concerns about the entire population paying for sewer upgrades related to the EPA’s final NPDES (National Pollutant Discharge Elimination System) permit or otherwise.
Resident Andrew Daniel’s message resonated with the municipal sewer voters, eliciting a hearty applause. “On behalf of the sixteen hundred [people] that was just brushed off as a small group,” said Daniel, “We’re paying, we’re paying, we’re paying…” Daniel said that last year on his half-acre $250,000 house he paid $6,300 in taxes alone, which is nothing next to his water and sewer bill. “I’m not being taxed out of town; I’m being water and sewered out of town.” He continued, “If a third of the town isn’t on it, then have some compassion for the ones that are. It’s really hurting us.”
Despite the contention, Article 12 appropriating $1.9 million for wastewater treatment plant upgrades not related to the NPDES permit passed after 30 minutes of debate. Article 4, the $2,930,572 sewer budget, was also passed despite further comments about wastewater woes. Sticking with wastewater, the selectmen passed over Article 17 to appropriate $385,000 towards anticipated wastewater treatment work implied by the draft NPDES permit, but the town was granted a bit of leniency in some areas in the final NPDES permit, eliminating the need for such repairs. Article 22 for $180,000 for the DPW to implement MS4 permit (stormwater discharges from municipal separate storm sewer systems) requirements at the plant was approved as well.
There was a break for the Special Town Meeting, albeit a half hour late, during which voters did pass Article S5 to appropriate $34,400 for a feasibility study at the VFW site, but not without debate.
When one resident asked how much had already been spent on Town House studies and Finance Director Judy Mooney stated $600,000, voters gasped in disbelief.
“At what point have we had enough?” asked one resident. “We’re wasting time and money and meanwhile the Town House is falling down and we have some problems…. Stop throwing money because we can’t make a decision … stop screwing around!”
Woohoo, the voters shouted, although most agreed that having all the information before them, in the end, would result in the most-informed decision.
Since that article passed, Article 28 was passed over, which would have appropriated $35,000 for a study with a specific new subcommittee other than the original Town House study committee.
Marion voters rejected Article 27 to fund $5,000 of a financial assessment of ORR budget spending in conjunction with Mattapoisett (Rochester did not warm up to the idea).
Later in the evening, voters approved Article 35 to amend a section of the zoning bylaws pertaining to multi-family houses over four units, granting the Planning Board authority to issue a Special Permit before approval of work. Voters narrowly accepted the following Article 36 that would have re-zoned four lots on Spring Street, changing it from general business/limited industrial to Residence E. A prospective developer hoped to build several high-density multi-family homes on the four lots, but some voters convinced the others that giving up the only space viable for business development for housing lacked foresight.
Resident Joe Zora pointed out that Town Meeting more than once voted down other articles similar in nature for this particular zone. Sewer tie-in was also an issue, since some current residents are unable to tie-in due to a moratorium on tie-ins, while a new housing development would add many new sewer users.
“We just got through [articles] with a sewer system that’s on a moratorium,” said. “We’ve been flim-flammed.” Well, then just turn the article down.
“This is a prime spot for commercial use,” said John Rockwell. “I say vote ‘No’ on this article.” But the article was deemed ‘passed’ by Town Moderator Jonathan Dickerson, although there was no hand count to verify a sound 2/3 majority vote, required for a zoning bylaw change.
A citizens’ petition to place a moratorium on aquaculture farms failed after considerable debate, despite town counsel’s advice that Town Meeting did not have the authority to overstep the Board of Selectmen’s jurisdiction over the issuance of aquaculture licenses, by statute.
Aquaculture farmer Chris Bryant vigorously argued against Article 39, saying it was designed to kill his business by residents who did not want aquaculture encroaching their recreational activities and homes.
“This is a manner of stopping the growth of my company,” said Bryant. “This town is being sued by these people…”
Moderator Dickerson moved to pass over the article, but being a citizens’ petition, it required a vote. After many side note chats with town counsel, the vote went down and the article failed.
Other highlights included Article 15 appropriating $10,000 to pay for IV infusion pumps on each ambulance, although Dale Jones took to the microphone and offered to fund the majority of the expense through the EMT Association funds, amending the article to an appropriation of just $3,500.
Voters approved Article 37 to allow the Town to withhold granting licenses or permits or license and permit renewals to residents and businesses in Marion that have not paid taxes, fees, assessments, betterments, or other municipal charges. Finance Committee member Peter Winters spoke loudly against the article, questioning the types of licenses and permits that would be withheld.
Voters turned down Article 38 to insert a “Marion Water Resource Protection Bylaw” with the purpose of protecting public water resources such as ponds and rivers from commercial businesses withdrawing water unauthorized directly into a tank vehicle.
Concerned and confused citizens questioned unintended consequences such as the infringement on private property owners. Ted North called it a “spite” bylaw, saying it was aimed at landscaping company Yard Boss after surrounding towns crafted their own similar bylaws to prevent the company from withdrawing water from the Mattapoisett River directly into its hydroseeding truck. “If there’s anything about pollution, the State of Massachusetts has it regulated six times over necessary…. It’s gonna have unintended consequences.”
Article 40 to allow dogs on Silvershell Beach was withdrawn or “passed over.”
The following remaining articles were all approved by Town Meeting: Article 1 to pay town official stipends; Article 2 to fund the FY2018 operating budget of 21,950,375; Article 3 to fund the FY2018 water enterprise budget of $2,150,401; Article 5 to fund $25,000 for an assessors evaluation of real and personal property; Article 6 for $120,000 to fund accrued benefits for retiring employees; Article 7 to transfer $240,000 into the OPEB Liability Trust Fund; Article 8 for $25,000 transferred to the Stabilization Fund; Article 9 for $100,000 for the Capital Improvement Projects Stabilization Fund; Article 10 for $100,000 transferred to the School Department Stabilization Fund; Article 11 for $8,000 to conduct an actuarial study; Article 13 for $37,077 to replace main police and fire radio repeaters; Article 14 for $75,000 for engineering design of County Road water main replacement; Article 16 for $60,000 for the harbormaster to replace navigation and radar systems on boats; Article 18 for $20,700 to replace carpeting at the library; Article 19 for $25,000 to replace vinyl floor at Sippican School; Article 20 for $45,000 to replace a fire department command vehicle; Article 21 for $16,900 for facilities department vehicle repairs; Article 23 for $12,600 for recreation department vehicle utility box replacement; Article 24 for $20,000 for air conditioner units at the fire station headquarters; Article 25 for $20,000 to update job descriptions for town employees; Article 26 for $25,500 for ventilation system at Fire Station 2; Article 29 to establish a recreation revolving Fund with a $150,000 maximum; Article 30 for $2,000 for administrative expenses of the Community Preservation Committee (CPC); Article 31 for $87,500 for CPC for open space, community housing, and historic reserves, and $203,100 for CPC budgeted reserves; Article 32 for $49,000 to replace windows at the Marion Art Center; Article 33 for $20,000 to purchase 164 acres of land within the Mattapoisett River Valley to preserve drinking water supply; Article 34 for $2,000 to the assessors to reduce taxes; Article 41 to renumber and recaption the General Bylaws; Article 42 to enact changes (deletions and additions) to General Bylaws; Article 43 to number and caption the Zoning Bylaw of the Town; Article 44 to amend (deletions and additions) the Zoning Bylaws of the Town section titled “Town of Marion Final Draft”; Article 45 to accept a land donation of 0.19 acres from estate of Donal and Elizabeth Durfee; Article 46 to authorize the Board of Selectmen to apply for grants; Article 47 to authorize selectmen to enter into lawsuits; Article 48 to authorize selectmen to sell town surplus property; Article 49 to authorize selectmen to sell taxation possession property; and Article 50 to accept the reports of town officers and committees.
The following Special Town Meeting articles also passed: Article S1 for $100,000 to supplement the DPW FY17 budget for snow and ice removal; Article S2 for $33,539 for mitigation to Sprague’s Cove seawall violation as per the U.S. Army Corps of Engineers; Article S3 for $27,115 to install a fire alarm system at the new community center; and Article S4 for $35,000 for ongoing landfill post-closure monitoring.
Marion Annual Town Meeting
By Jean Perry