On May 7, the Rochester Conservation Commission heard Jose Araujo’s preliminary plans for his property, the former Boy Scout camp off Mary’s Pond Road. The Notice of Intent hearing included an update on the restoration plan an enforcement order required of Araujo.

            Rick Charon of Charon Engineering described the project, saying that the majority of the new home would be in the jurisdictional buffer zone, which Conservation Agent Laurell Farinon said was common practice. Charon also said that the septic system would be outside that area. An existing structure on the property is planned to be part of the family home, but would need sonar tubes that Charon said would be installed using hand tools.

            Vice-Chairman Daniel Gagne asked if the existing building met building codes. Charon responded that the structure had been on the site since the 1950’s and therefore would be typified as a legally non-conforming structure. Gagne also questioned if the applicant could make a walkway from the structure to the edge of the pond. Charon said that the homeowner could not be denied access to the water.

            Farinon confirmed that the wetland flagging was correct and that restoration of areas where illegal cutting had taken place triggering an enforcement order by the commission was well underway.

            To the commission Farinon asked, “You want applications in general to include narratives in obvious matters … for wetland issues?” Gagne said that narratives should be clear to ensure that performance standards were being met.

            The hearing was continued until May 21.

            Also coming before the commission was Liam Delowery, South Coast Creative LLC, 68 Bowen’s Lane, with a restoration plan for 2,735 square feet of altered bordering vegetated wetlands in an after-the-fact Notice of Intent filing. Brian Grady of G.A.F. Engineering represented the applicant.

            Farinon reported that a site visit found lots of trucks, trailers, construction materials, and a large manure pile all within jurisdictional zones.

            Grady said that environmental scientist Brad Holmes had been hired to assist in the development of a restoration plan. He also noted that the commission would be making a site visit on Saturday, May 11.

            Farinon said that the process would be in two phases: 1. Dealing with the mitigation issues; and 2. Future filings for business activities at the property.

            The hearing was continued until May 21.

            During an informal meeting with Matthew Moyen of Terta Tech representing Covanta SEMASS, the applicant asked if a Request for Determination of Applicability (RDA) was adequate for improvements to an existing roadway on the property located at 141 Cranberry Highway. After reviewing the proposed changed that would make the roadway “utility grade,” the commission concurred that an RDA filing was sufficient.

            The next meeting of the Rochester Conservation Commission is scheduled for May 21 at 7:00 pm in the Town Hall meeting room.

Rochester Conservation Commission

By Marilou Newell

Marion voters have spoken and, in the noticeable absence of Town Clerk Ray Pickles, voted during the Annual Town Meeting on May 13 to reduce the fiscal year 2020 town clerk salary line from $19,493 to $0.

            The Finance Committee discussed the possibility of such a motion on April 17 and considered the best way to go about it since the town would need a mechanism to keep the $19,000 free to pay the salary of a potential appointed town clerk should Pickles resign after he’s stripped of a paycheck come July 1, 2019.

            Resident Charles St. Pierre motioned to amend Article 1 to reduce the town clerk salary to $0 and transfer the amount to the FY20 Selectmen’s line item in Article 2 to allow them to appoint a temporary town clerk, which was duly seconded.

            St. Pierre said it was unfair to keep paying Pickles, whom the Board of Selectmen had asked to resign in light of his indictment on criminal felony charges for allegedly stealing over $600,000 while serving as the executive director of the Carver, Marion, Wareham Regional Refuse Disposal District (CMW). A year prior, the CMW had filed a civil suit against Pickles, his wife, and a former CMW board chairman for embezzling roughly $800,000 in CMW funds over six years.

            “It’s unfair to any taxpayer in the town,” said St. Pierre. “We shouldn’t be paying for someone and adding insult to injury that we have all … incurred from the problem that has developed.”

            Resident Joe Zora defended Pickles, saying, “[The town clerk] deserves his day in court.

            “There’s a lawful process to follow. … We elected him for that amount of money. … Let the time run out.” Zora continued, “For us to give the power to the selectmen. … When we give that up, we minimize who we are. Let him have his day in court.”

            Town Moderator Brad Gordon asked for town counsel clarification on how the salary could be reduced and funded elsewhere in the warrant.

            However, Town Counsel Barbara Carboni said transferring money from one line item to another article is “outside the scope of the article.” She said the salary could be reduced, “But you can’t transfer it on a vote here to another item.” She continued, “When you get to the other line item, I’m not sure you would be able to increase the amount that’s in the warrant.”

            St. Pierre amended his motion to amend by simply reducing the salary to $0, which Carboni said he should submit in writing.

            After, during discussion of Article 2 – the FY20 $23,736,680 operating budget – Selectman John Waterman motioned to amend the Selectmen’s line item by increasing the amount by $19,493, while reducing that amount from the town clerk budget line item.

            “This gives us the money to hire or appoint a new town clerk,” said Waterman. “The town is required by law to have a town clerk,” and moving the money to the selectmen’s account was the proper avenue, given that the line item is “really a contracts account,” he said. 

            The other hot topic of the night was the outsourcing of curbside trash collection.

            After a brief presentation by new Town Administrator Jay McGrail, voters adopted Article 25 appropriating $420,000 to contract Waste Management for trash and recycling collection.

            There were only three options for residents, McGrail said, and outsourcing was the recommendation of the Board of Selectmen. However, there were two articles on the warrant to address trash collection – the one to outsource, and Article 26 to appropriate $582,090 for a new trash truck and bins to replace the two problematic trucks the town owns that are now 11 and 20 years old and subject to frequent breakdowns.

            According to McGrail, the town has overspent the Department of Public Works FY19 budget by $85,000 due to frequent repairs and the leasing of temporary replacement trucks.

            “This current situation is not sustainable … and you guys are receiving a poor service at the end of the day,” said McGrail, adding that Marion was only one of four towns in the region that still provides the service itself.

            Although cost savings will not be apparent this fiscal year as taxpayers incur the debt of the operational override, McGrail said savings is imminent as DPW workers are reassigned from trash collection to other tasks currently outsourced and workers’ compensation goes down.

            The tax impact of the override, McGrail said, would be about $120 a year for the average $491,000 home.

            Resident Adam Lambert said he lives in Sippican Woods and currently does not receive town provided collection. “Will we be able to get that with this system?” he asked.

            “That’s something to put on the list,” said Waterman.

            Another resident on Ladyslipper Lane said the town doesn’t collect his trash either, and McGrail said he would discuss service to less accessible areas as part of contract negotiations.

            The contract is for five years, with two one-year extensions allowed at a 2 percent annual escalation rate per year. Included are 5,000 rollout 65-gallon trash bins and 95-gallon recycle bins, which was a concern for resident Nancy Breitmayer due to the size of the bins and the length of her driveway.

            The actual cost savings was not clear, Waterman said, since the DPW had never established a work order system.

            “We’re not presenting this as something that’s going to save us money,” said Waterman. Those savings will be actualized in the long run, he stated. “We’re at a fork in the road – we either buy new trucks or outsource … or we privatize.”

            Privatizing, the third option, would leave private trash collection up to the residents at a personal cost of $400 to $500 a year, McGrail said.

            With adoption of Article 25 to outsource, Article 26 to buy a new trash truck was passed over.

            Several wastewater-related articles fueled discussion, beginning with Article 8, the $3,009,182 difference of the underestimated cost to line the sewer lagoon and make related wastewater treatment plant upgrades.

            Selectman Randy Parker described the gap between engineering firm CDM Smith’s estimated cost and the actual costs of the two bids for the project as a “flagrant error”, resulting in the town’s reconsideration before using the firm for future projects.

            Resident Jay Muir pointed out that the total cost of the project – which will cost $4,448,000 instead of CDM Smith’s estimated $2.5 million – will be shouldered by the 1,700 sewer ratepayers only.

            “It’s becoming increasingly difficult for the ratepayers to look at the needs of the town when they have an increasing amount of sewage debt that they need to pay. … To me, that’s a travesty,” he said, eliciting some applause.

            “We used to be on a slippery slope,” said Zora. “Now we’re in a free fall.” Zora was chastised by the town moderator several times for veering off topic on the various wastewater articles.

            Resident Jennifer Stewart asked how sewer rates would be affected, and Finance Director Judy Mooney stated that rates would likely rise by 3-5 percent on the base rate between 5-12 percent on the various tiers, with tier 3 paying more than tier 1 consumers as they do now.

            The article passed with the required two-thirds vote, as this was a bond issuance article.

            Article 9, the $1,743,112 difference of the underestimated cost to upgrade the UV light disinfection equipment and other filtration work at the wastewater treatment plant also passed by the required two-thirds vote.

            Voters approved Article 10 to fund a Comprehensive Wastewater Management Plan at $350,000, but this time the entire town will be footing the bill, not just sewer ratepayers.

            The one-time tax hit will fund a plan to tackle not only the future of the wastewater treatment plant, but also septic system upgrades and other alternatives to comply with federal and state water quality standards.

            “If we had had a plan 10 years ago, that spending would’ve been spread out over a greater length of time,” said Ray Cullum who has been voluntarily assisting the town with its wastewater options. “If we don’t do it, it’s going to be the same old, same old – let’s just do it now and plan it right.”

            Voters approved Article 22 for a new ambulance, against the recommendation of the Finance Committee, which figured the current backup ambulance has been repaired and only has 65,000 miles.

            Fire Chief Brian Jackvony said the town has spent $5,200 this year on repairs and he isn’t sure the truck will even pass inspection. The ambulance broke down twice on the way to Rhode Island Hospital and Charlton Hospital, “And when we make these trips, we’re taking trauma patients.”

            The mileage isn’t as important as the hours the truck is running, the chief said, “And we anticipate more breakdowns and more costly repairs.”

            Article 2, the FY20 budget, was adopted; however, there was some discussion on the selectmen’s line item, the 204 percent increase in the Planning Board line item to hire the part-time planner full-time, the $53,000 police truck, tree warden line item that jumped from $20,700 to $30,700, and the Sippican School budget at $6,420,408.

            Other articles that passed that night with minimal or no discussion: Article 3, total Water Enterprise budget of $2,252,273; Article 4, total Sewer Enterprise budget of $3,114,828; Article 5, $25,000 from the Overlay Surplus Account for the Board of Assessors for the reevaluation of real and personal property; Article 6, $8,420 for the Facilities Department to install a new copper line and circulation pump at the police station; Article 7 for $5,200 for the town clerk’s office to purchase a new voting machine; Article 11, $2,800,000 to fund the water main project slated for Mill Road between Sparrow Lane and Rocky Knook Lane; Article 12, $182,000 to supplement the 2016 Town Meeting appropriated money to repair the well at Mary’s Pond in Rochester; Article 13, $24,000 to replace the roof at Fire Station 2; Article 14, $13,000 to renovate the restroom at the DPW garage; Article 15, $42,000 for a new emergency backup generator for the police station; Article 16, $50,000 for the DPW to comply with OSHA requirements; Article 17, $105,000 for engineering and design of the Point Road water main replacement project; Article 18, $10,000 for the harbormaster to install new channel markers; Article 19, $40,000 for the Water Department to expand the department’s SCADA control system; Article 20, $21,366 for a new awning and railing system at the Benjamin D. Cushing Community Center; Article 21, $42,590 for the harbormaster to buy a new work barge for the Marine Department; Article 23, $30,000 for a new water tank for the Fire department’s brush breaker; Article 24, $102,644 for the School Department to upgrade its wireless network infrastructure at Sippican School.

            The Special Town Meeting Article S1 to supplement the DPW snow and ice removal line item by $63,749 also passed.

Marion Annual Town Meeting Part 1

By Jean Perry

Five people were arrested and one juvenile hospitalized on Tuesday, May 7, after an encounter at Ned’s Point in Mattapoisett escalated to windshield smashing and then the beating of a 17-year-old male from New Bedford with a baseball bat, resulting in several misdemeanor charges and one felony charge.

            According to Mattapoisett Police Chief Mary Lyons during a follow-up phone call on May 14, five people, including a female juvenile, were all charged with Assault and Battery with a Dangerous Weapon, a felony, as well as four misdemeanors – Disturbing the Peace, Fighting, Disorderly Conduct, and Assault and Battery.

            One suspect and the victim are both Old Rochester Regional High School students, and several others who were present during the incident are all known to each other, Lyons said.

            Mattapoisett Police arrived at the scene just before 7:00 pm Tuesday night and called for an ambulance. Police officers also called Marion Police for assistance.

            The victim sustained injuries to the face and significant injuries to the rib cage as a result of being beaten with an aluminum baseball bat as well as having been repeatedly punched and kicked by the five suspects.

            Lyons said that before the brawl, two cars that parked side-by-side at Ned’s Point were joined by a third, a black BMW with the five alleged attackers inside and the baseball bat that was used as a weapon.

            “One got out and smashed the windows of the car in which the victim was in the backseat,” said Lyons.

            The suspects were arraigned at the Wareham District Court on May 8.

By Jean Perry

            On behalf of the Board of Selectmen, Selectman John Waterman approached the Marion Finance Committee on May 8 with a draft document that the board hopes will set concrete expectations of what the selectmen should expect of the Finance Committee, and invited the FinCom to reciprocate with a similar document to set out its own expectations of the selectmen.

            Waterman said he would welcome feedback on the draft document, and started with one of the points from the draft document from the board, a request that the Finance Committee perform a budget assessment in July or August for a line item review with each of the Town departments.

            “We never go back and look at how they’re spending more,” Waterman said, which could be a chance for the Town to try to find areas in which departments could save money. “We (the selectmen) have no time to dig in [and] question the department heads.”

            “In prior years, John, that was routine practice,” said Finance Committee member Alan Minard. However, typically, the committee would start in early January, which would give the committee six months of data to review.

            “If they think someone’s paying attention, then they pay attention,” said Waterman. For instance, Waterman suggested department heads who use Town-owned vehicles to take home might “take it for granted.” Furthermore, should the Town outsource its trash collection, the selectmen want to ensure that the savings is, in fact, achieved.

            “I don’t want the savings to disappear into the black hole of more spending just because they have the money,” Waterman said specifically of the Department of Public Works.

            Waterman urged the committee not to feel as though it is “overstepping” its authority in this request.

            “You’re providing a service to us (the selectmen),” said Waterman. “They (department heads) need to know we’re looking.”

            “John, for years we have done the budget … and presented it to the [Board of Selectmen],” said Minard. “We did all of the things that are on [this draft document]. … You can’t have it as the selectmen do the budget and we do the work; it’s got to be the other way around.”

            “We’re on the same team,” said Waterman. “We’re trying to get to the same place.”

            “I think that’s great,” commented FinCom member Margie Baldwin.

            Waterman reminded the committee that the document is still only a draft and asked the members to review it.

            “And you’re welcome to share one with us about what you’d like from us,” said Waterman.

            After Waterman left, the committee continued the conversation about the document and the strained relationship between the Finance Committee and the Board of Selectmen over the past few months.

            “What he (Waterman) doesn’t comprehend is that we’re not in the management structure in this town,” said Minard. “Our only power, really, is to recommend for or against the certain articles. So, for us to get involved in telling the DPW that he didn’t … save enough money, I don’t think is right.”

            “There’s no oversight of that,” said Baldwin. “Nobody’s looking at that.”

            “And we don’t want to take it on, trust me,” said Minard. “You have a [new] town administrator (Jay McGrail) … who is really on the ball and wants to get stuff done and you have a management structure of department heads that report to him. The broken part of this thing was [the department heads] weren’t getting any direction.”

            Minard said he has been on the Finance Committee overseeing 14 budget seasons and it was always the Finance Committee who would draft the budget and present it to the Board of Selectmen.

            “Until this year,” Minard said. “We didn’t see the budget until it had been presented to the selectmen this year.

            “After 14 years, I’m throwing in the towel after the town meeting,” Minard continued. “So, I will happily provide any history or connect the dots on whatever else, if you run into stuff. …

            “I’m gonna pick up my tarp and move out of town,” Minard said.

            “I hope you’ll reconsider,” said Finance Committee Chairman Peter Winters. “I’ve learned a lot from you, Alan.”

            “The process of the budget this year lost the Finance Committee support,” said Minard. “The budget, the way it was approached this year, I don’t think we even really gotta look at it – I know we didn’t get a look at it.”

            Minard said he did not get a copy of the budget two weeks after the selectmen reviewed it.

            “We think, and we hope, that it’s a new ballgame,” said Baldwin, alluding to the new town administrator, Jay McGrail.

            “Yes,” said Minard. He paused to consider why the selectmen handled the budget process differently this year, wondering if it was the Finance Committee’s refusal to make the $13,000 Reserve Fund transfer to fund retiring Town Administrator Paul Dawson’s salary increase when the selectmen requested it. “It’s pretty much … history repeats itself,” said Minard.

            Baldwin started her comment, “Relationships have …”

            “… deteriorated,” said another FinCom member finishing Baldwin’s sentence for her.

            “Up until this year we never saw a town manager … at any of our meetings,” said Winters.

            “A couple times,” said Minard. “He’d show up to talk about his department. …

            “We can recommend, but we can’t manage,” said Minard.

            The next meeting of the Marion Finance Committee will be the night of Town Meeting, but there is no post-town meeting regularly scheduled meeting at this time.

Marion Finance Committee

By Jean Perry