The Marion Board of Selectmen and Conservation Commission disputed the proper course of action for a project regarding the cleanup of Sprague Cove. The two boards met at the Selectmen’s regular meeting on Tuesday, August 7, at the Marion Police Department.

Conservation Commission member Sherman Briggs informed the Selectmen that the commission hired a tree service to clean up the cove and rid it of invasive plants species that are destroying the land. Briggs said the town had been discussing the maintenance of the land for four to five years.

“As everybody knows, it’s been neglected,” said Briggs. “It is in real need of bringing back.”

Briggs said the tree service was additionally brought in to assess any damages to the dikes on the land. He also said the project was privately funded and had a price tag of $12,000.

Town Administrator Paul Dawson said there was a major issue with procurement laws with the project and that the Commission did not take the proper steps to get the land cleaned up. The Commission, according to Dawson, did not submit an order of conditions prior to hiring the service for the project.

“I’m not questioning the need at all,” said Dawson. “But we can’t circumvent the need to adhere to law.”

In addition to not submitting an order of conditions, Dawson said the Commission did not sign any procurement documents or contracts. Because the land is public property, the project needed a signature from the selectmen, which the Commission did not get.

“The damage to this point is done,” said Dawson.

Briggs recommended that the town allocate $5,000 per year to go into the Commission’s fund so they could monitor the upkeep of the land.

“If a couple thousand dollars was allocated each year, we wouldn’t be here right now,” said Briggs.

The project has been completed, however the contractor has not been paid. Briggs said the project is privately funded, but Dawson said that no matter where the funds come from, the procurement laws need to be followed. As a result, the Commission will provide the Selectmen with the proper documents so the contractor can be paid.

“I don’t think there is any malicious intent on anyone’s side,” said Selectman Jody Dickerson. “We need to get back on track and move forward.”

In other Conservation Commission news, full-time member Wendy Carreau resigned and was voted in as an Associate member. The Selectmen voted to appoint Steve Gonsalves to the vacant full-time seat on the Commission.

‘Thank you for all your hard work as a full time member of the Conservation Commission,” said Selectman Jonathan Henry.

Dawson updated the Selectmen on the status of the Marion Natural History ceiling collapse. The cleanup process is complete and the building’s insurance company authorized the repairs. A local contractor offered to perform the repairs to the building at a discounted rate to the town of Marion as a generous donation. However, due to procurement laws, the town will be unable to move forward with the gift.

“Regrettably, I’m not able to take advantage of what seems like a very generous offer,” said Dawson.

Massachusetts State Law mandates that the only way the town could accept the gift is if the contractor offered to pay the entire amount of the repairs, which Dawson said would be unreasonable. As a result, Dawson must draft a formal RFP and put the project out to bid to other contractors. Because of the lack of funding, the Board will bring the repairs to the Special Town Meeting in September to get money for the project.

Due to the timeline of the repair process to the museum, the afterschool program is seeking an alternative location to hold their sessions.  Dickerson suggested the community room in the Sippican School to be the perfect location.

The Marion Board of Selectmen will meet again on Tuesday, August 21 at 7:00 pm in the conference room at the Marion Police Department.

By Katy Fitzpatrick

The first item of business for the Commission was a discussion regarding a Notice of Intent filed by Steven and Suzanne Melloni to build a three-season porch and deck onto their property at 40 Nathaniel’s Drive. The Commission quickly voted in favor of the project.

Next, the Commission had a hearing regarding another Notice of Intent, filed by Gregory and Karen Kamon, who were seeking after-the-fact approval for the illegal removal of vegetation, installation of steps on the banks of Snipatuit Pond, as well as for the maintenance of two private docks.

“Mr. Kamon is aware that any future cutting he may do requires the approval of the Commission,” said builder Rick Charon, who represented the Kamons at the meeting.

The Commission voted unanimously in favor of the Kamons.

They also held a continuation of a hearing from the June 19 meeting regarding a Certificate of Compliance filed by Betty Meyers DeJesus for property located on High Street. DeJesus was applying to build a cranberry bog and enlarge an existing reservoir on the property.

“The order of conditions was issued back in ’89,” said conservation agent Laurell Farinon. “At the time, there was the existing reservoir and they were looking to expand it in a northerly direction and construct these cranberry bogs.”

The Commission voted to issue the Certificate of Compliance.

In other business, the Commission voted to issue a Certificate of Compliance to Kathryn McGaffey for the removal of an old section of a dwelling at 405 County Road, followed by the construction of a new patio.

The next meeting of the Rochester Conservation Commission will be on Tuesday, August 21, at 7:00 pm.

By Eric Tripoli