Fire Chief Thomas Joyce fired back at the Marion Finance Committee in front of selectmen on May 6, saying he is baffled by the seeming hostility and accusations that he “would not provide timely and adequate information,” “would not collaborate with the town,” and “’get[s] defensive’ when questioned,” quoted Chief Joyce from an April 29 article in The Wanderer (See the May 1 issue).

The chief read the entire six-page statement he prepared, defending his actions throughout the process of seeking Town Meeting approval to purchase a new fire engine pumper which is featured on the May 12 Annual Town Meeting Warrant.

During an April 29 meeting, the FinCom candidly expressed their intention to recommend the passing over of Article 15, saying the chief has not cooperated in the process of providing information, most notably a specific quote for an amount to appear in the article.

“Yet, I have attended every meeting that I have been asked to attend, answered every question asked, and provided whatever documentation requested that I have available,” stated Joyce.

Joyce said he has not deviated from the customary process of obtaining an approximate bid for the proposed vehicle when asking for Town Meeting to appropriate the money before purchasing the vehicle.

“I followed the common practice used by the rest of the Town where a purchase … is funded by town meeting action prior to it going to bid,” read Joyce. “Second, even if this were not the normal acquisition process, I am neither responsible for, nor have I any say as to what goes on the warrant.”

Selectman Jonathan Henry concurred with Joyce. Henry said you start with a general set of specifications, get an approximate amount, “and then that is brought to Town Meeting,” said Henry.

“Even if we did find a truck, without having an appropriation approved and available, we would not be able to purchase it in a timely manner,” stated Joyce.

Joyce vehemently defended himself against accusations that he has not been transparent and willing with FinCom, saying all along, meeting after meeting, Joyce was dismissed without further questions regarding the fire truck.

FinCom Chairman Alan Minard’s statement at the April 30 meeting about passing over the article and “embarrass[ing] the chief on Town Meeting floor” was especially offensive to Joyce.

“It is not only indicative of a personal attack, but it is disrespectful and unprofessional,” said Joyce. His statement continues, “I am appalled that the FinCom feels that they need to personally attack me … Their threat to personally attack me on Town Meeting floor is unacceptable and has clearly created a hostile work environment.”

FinCom members criticized the $548,000 quote that Joyce had previously suggested, with two members saying they researched similar vehicles and came up with much lower prices, to the tune of $290,000, according to Minard. Joyce questioned whether they were looking at used or new, and said FinCom did not know the specs of the proposed truck because they had only received a copy of them on April 28.

“One must compare apples to apples,” said Joyce.

According to Joyce, Mattapoisett appropriated $550,000 in 2011 to purchase a new pumper which wound up costing $536,000. In Wareham, he stated, they appropriated $581,000 for a new pumper and “eventually spent every dime.”

“The FinCom has made every effort to thwart the purchase of a replacement pumper,” said Joyce. “They have neglected to grant my request for a meeting specific to this matter almost a year ago, not the other way around.” He continued, “Now they wish to squeeze out whatever life may be left by sending it to a committee.”

Joyce stated, regardless of the selectmen’s opinion on the article, “you need to hear the rest of the story.”

“I cannot fathom the reasons behind this personal attack,” said Joyce. He later said, “I … ask you, as the Town Fathers and my bosses, address and put a stop to these personal threats and actions that detract from our purpose and only serve to cloud the real issues.”

Selectman Stephen Cushing agreed that what he read in the newspaper led him to believe that it was indeed a personal attack on Joyce and that there is “some kind of issue.”

“I am absolutely opposed to passing over this article,” said Henry. He called it “illegal” to have an exact quote for a purchase of this significance without prior appropriation.

“For a committee to expect to get bid-ready documents,” said Henry, “It’s just illegal.” He said he found no reason to pass on the article and he was “distressed by how this has come about.”

“I could not agree with you more,” said Chairman Jody Dickerson.

Joyce said he does not want a contentious relationship with FinCom, and he wants to get past this.

“Tommy Joyce did not design this truck,” said the chief. “The truck committee came up with the specs.” All he did, said Joyce, was cut the price down further to save more money. “I’m not going to drive this truck,” Joyce emphasized.

The board will go forward with the article, said Henry.

“Someone should apologize to you, Chief,” said Henry. “I’m sorry that this was directed at you … and we’ll rectify that somehow.” Henry continued, “Sorry that it fell on you that way … on behalf of the Town’s fathers here.”

In other contentious matters, several residents from the Inland Road and Dexter Way area argued that their private roads should be accepted by the Town and plowed and sanded during winter storms; they were ultimately told that no one other than the voters could make that decision.

The town initially sought counsel about the matter since it was concerned about liability and legal issues involved with taking over responsibility for snow removal.

Department of Public Works Superintendent Rob Zora told selectmen that Marion has about 80 miles of road: 32 miles are town-owned, 14 state-owned (Routes 6 and 105), and 34 miles are privately owned.

The annual budget for snow removal of the 32 town-owned roads is $50,000 but Special Town Meeting annually appropriates an additional $40,000.

Zora said that if the Town takes on the snow removal of private roads, the budget would double, as well as the many phone calls to the office during winter storms.

“To double it now would double everything as far as I can see,” said Zora.

“The Town is a target because it has deep pockets because of the insurance,” said Henry, concerned about liability.

Town Administrator Paul Dawson said he would not anticipate insurance rates to rise dramatically right away.

Inland Road resident Al Caron referenced Massachusetts General Law Chapter 40 Section 6c, which allows a town to plow private ways without having to take other road maintenance, alleviating the Town’s concern over liability.

Caron argued with Zora over emergency access during storms, and then Caron asked to feature an article requesting the measure to appear on the Fall Town Meeting warrant.

But as Dawson pointed out, even though Caron will not like the answer as he put it, the law that Caron cited requires a petition of 200 signatures in order to appear specifically on the Annual Town Election ballot for voters to decide if the Town will appropriate funds for private road paving.

In addition to that, the private roads must be open to public use in order to qualify. Dawson emphasized that this is the State’s law, not the Town’s law.

“We’re not asking for the moon,” said Caron “We’re just looking for simple services.”

Other residents found Zora’s responses to their concerns “negative” and “inconsiderate,” speaking out in favor of their cause with one resident accusing the Town of paving private roads where, allegedly, a town official lives, specifically mentioning Planting Island Road.

Zora denied the claim, saying the Town owns and plows the causeway, but stops at the entrance to Planting Island.

Caron told Dawson to “pencil us in for next year” at Town Meeting.

“Because we’re gonna get the word out.”

The 2014 Annual Town Meeting is May 12 at 6:15 pm at the Sippican School, and the next scheduled meeting of the Board of Selectmen is May 20 at 7:00 pm at the Town House.

By Jean Perry

Department heads gathered with the Rochester Board of Selectmen to review the Special and Annual Town Meeting warrants, with minimal discussion that led to the recommendation of all relevant articles by selectmen and the Finance Committee.

The fiscal year 2015 operating budget, standing at $19,029,986 and featured on Article 5, passed with only a few remarks from Town Administrator Richard LaCamera, mostly identifying any significant increases in revenue, which is up $668,000, or 3.6%, according to LaCamera.

State aid is up $46,000, “Which I’ve expressed many times is a major disappointment,” said LaCamera.

Reimbursement for veteran’s services is higher due to increased services to a higher number of veterans in Rochester. LaCamera said the slight increases in state funding are especially challenging for the school district when it comes to Chapter 70 funds, which LaCamera stated should be higher than what it is.

LaCamera said state aid over the past five years has remained “pretty much level-funded.”

Residents are buying newer vehicles, said LaCamera, which has driven up the excise tax revenues, and an increase in licenses and permits has increased revenue to the Town as well.

One significant increase in the FY15 operating budget, as pointed out by LaCamera, is the EMS budget, up $132,000 due to the establishment of the Town-run Emergency Medical Service. LaCamera said ambulance fees the Town will receive for EMS services would ultimately cover $100,000 of that increase.

The Fire Department is up $30,000 for new equipment, and the school budget has increased $82,000 from FY14, which LaCamera called “excellent” because of the relatively small increase.

Warrant discussions began with the Special Town Meeting warrant, in which only two articles appear.

The first – to transfer and appropriate “unanticipated costs” for FY14 – brought on a bit of contention when Town Moderator Woody Hartley pointed out that a specific amount for those unanticipated costs was still absent from the warrant.

“The idea of the warrant is to warn the inhabitants of this town of what’s going on,” said Hartley. He asked, “Is it one dollar or $1 million?”

Hartley stated that the number given on the warrant does not have to be exact, in his opinion, but residents should know if they should expect around $10,000 or maybe even more. He added that without a ballpark figure, residents might not be able to assess whether or not it is significant enough to even appear at Town Meeting.

LaCamera rebutted by saying the exact number would be on the warrant by the Special Town Meeting, and that it is hard for “us” to be sure of the amount ahead of time.

“It’s a moving target,” said LaCamera. He said there are still two months left to FY14, which makes the estimating process tricky. “We do the best we can,” said LaCamera. “I won’t make a number up.”

The second Special Town Meeting article accepts a law that states an elected member of the Board of Health who works in the septic system installation business can sit on the board, but a conflict of interest must be avoided by having an independent party inspect any septic work completed by the board member.

Annual warrant Article 1 accepts the annual report, Article 2 approves elected official salaries, and Article 3 approves a two-percent increase in cost of living (COLA) for employees.

In addition to the FY15 budget article, Article 6 appropriates $300 to planting shellfish in Marion, Article 7 appropriates $305,695 in Chapter 90 funds, and Article 8 adjusts the fine for failure to license a dog kennel to $100, bringing it in line with other fines such as failure to license a dog.

Article 9 is the contentious Flood Plain District Amendment that has sparked debate among Planning Board members who are leaning toward not recommending the by-law amendment until FEMA flood map errors are corrected.

The Board of Selectmen and Finance Committee did not take a vote on recommendation for this article because it is under the jurisdiction of the Planning Board.

Article 10 increases the quorum for Town Meeting from 75 to 100, with a quorum of 50 for Special Town Meetings. Article 11 approves transferring money into the Stabilization Fund, but LaCamera stated that this year the Town would not be appropriating any funding toward the Stabilization Fund.

Also during the meeting, FinCom appointed Jim Austin to the Finance Committee.

The next public meeting of the Board of Selectmen will be May 19 at 6:30 pm at Town Hall.

By Jean Perry