The proposed bylaw changes for the 2023 Annual Town Meeting will be trotted out to one more Marion Planning Board meeting, according to Chairman Norm Hills.

            The draft summary of changes reviewed during the board’s February 21 meeting was nothing the members had not heard before, but Hills solicited questions and got some.

            Board member Andrew Daniel told the board he drove around Marion, trying to cover every road, in order to gather information on the placement of signage by contractors working on private properties. Noting that public domain extends back 10 feet from the side of the road, Daniel articulated concern that contractors’ signs might not be visible if forced 20 feet in the yard.

            “It’s just not where you’d put them. I don’t want it to be where the town employee is picking up these signs because they’re on the roadside of people’s homes where the contractors are working,” he said. “A lot of them, that’s the best advertisement these guys can get.”

            Having brought changes to the board for the members’ review, Hills said he would have to go back and look at the unchanged bylaws to confirm the information Daniel sought.

            Daniel also said he thinks removal of signs by town employees should be more specified. Some towns, he said, designate the zoning-enforcement officer. Hills said the phrase means an employee of the town’s Department of Public Works and suggested “DPW” be added to specify which employees might be removing an improperly placed sign.

            Daniel wants it more specific, such as at the discretion of the DPW director, but board member Alanna Nelson agreed with Hills’ suggestion, saying any department reorganization could lead to problems with a designation too specific.

            Nelson asked about Bylaw 230-6.2.d.4 on temporary banners, asking if they all must be government sponsored in order to be approved. As an example, board member Tucker Burr said that the Marion Christmas Stroll is technically put on by the town’s businesses and would fall into the category of language needing the attention Nelson sought.

            Hills suggested adding “‘with the approval of the town administrator.’… It may already be in there, okay, because all this is … sections of the bylaws that are changing, not the ones that exist,” he said.

            Burr said 3 square feet for a maximum sign is “really small.” He also expressed concern that language prohibiting trucks parked on properties for the purpose of circumventing the sign limits could wrongfully apply to vehicles on legitimate working deployments. Burr also suggested the bylaw stiffening requirements that people clean up after their dogs in public places is not enforceable.

            Changing bylaws regarding maps, alcoholic beverages and self-storage were also discussed.

            Daniel said that while he favors a nip-bottle ban, he believes the matter should fall not onto the Codification Committee but more so the Board of Health or a citizens’ petition. Hills said the bylaw change was encouraged by the former town administrator (Jay McGrail.)

            Board member Eileen Marum said the nip-bottle problem has been well established among these boards and that the Town of Mattapoisett will put it before voters at its Town Meeting.

            Daniel said he picks up 160 bottles in his annual cleanup effort with his son, and that Styrofoam cups are next on his radar. But he insists the matter lies outside the purview of the Codification Committee as defined by the state.

            Burr called it a substance-abuse and mental-health issue. “I’m just skeptical that at a local level, it would have much impact,” he said.

            Marum reemphasized her belief that such efforts typically succeed when emanating from the local level.

            The board remained divided as to whether nip bottles fall into the Codification Committee’s purview.

            Nelson suggested bringing the matter to other departments in town and seeing what they have to say.

            Hills said the board would put off the matter until its next meeting on March 6. “For the last time,” he said.

            Next up on the agenda was Marion’s Open Space Recreational Plan (MOSRP.)

            “The real reason for putting this on the agenda (is) the Planning Board (and) Select Board have to send a letter of endorsement on the plan,” explained Hills, noting an informational meeting on the subject had been held recently at the Music Hall. The plan remains open for comments until February 28.

            Meantime, Hills drafted a letter to which he does not anticipate significant changes. Marum offered congratulatory remarks on the committee’s letter, calling it a “sound plan that provides the opportunity to assess where Marion is, where Marion would like to go and how Marion might get there. The plan shows how to protect open spaces and recreational facilities that will enhance the attractiveness of Marion, and this was a huge and worthwhile project.”

            “It was a huge project,” said Hills. “I don’t know how many times we’ve been through this and made significant changes. But there’s a tremendous amount of data in there. Appendix E’s got a tremendous amount of data in it.”

            Daniel asked about the ADA (American Disabilities Act of 1990) Committee, of which he is a member. Citing $2,700,000 in state grant funding, Daniel is eager to see the town engage in what the program could yield.

            Marum said a lot of people in town want to know what will become of the Wells gas station on Route 6, along with the sidewalks in town. Marum noted that conditions are poor and Daniel agreed. Marum said a person fell near Tabor Academy.

            Hills noted the village parking study is at a rough-draft stage. He said 260 comments came in, invariably pointing at deteriorating sidewalks otherwise overgrown with plant life.

            New items brought to the discussion table by Hills included the board’s budget, conflict-of-interest training due for completion by board members by February 28 and Citizen Partner Training Collaborative training that will be held on March 18.

            The Historical Commission will resubmit its FY23 application to the Community Preservation Committee; Hills told the board he essentially changed the date and resubmitted the commission’s letter of support.

            Midway through the meeting, an audio transmission problem was discussed affecting those attending live via Zoom, including board member Chris Collings and Town Planner Doug Guey-Lee.

            The next meeting of the Marion Planning Board is scheduled for Monday, March 6, at 7:00 pm at the Police Station and live via Zoom.

Marion Planning Board

By Mick Colageo

            Abutters voiced their concerns and dismay that property adjacent to their homes on Beech Wood Road was going through conservation review. On February 27, a Notice of Intent filed by Carmelo Nicolosi for the construction of a single-family home with fill and grading in a buffer zone became a bit controversial when abutter Colleen Gifford, 11 Beech Wood Road, stated that she had been promised by former Building Department director Andy Bobola that the lot in question was not considered buildable.

            “It’s on the record as unbuildable,” Gifford insisted.

            Engineer Richard Charon of Charon Associates, Inc., represented the applicant. Charon detailed the project, including stormwater drainage systems that will reduce runoff into a neighboring lot owned by Robert Goguen at 14 Beech Wood Road. Goguen asked questions that probed the drainage system design, which will include a detention area and redirection of surface water towards wetlands away from Goguen’s residence.

            Charon also noted that the project will be governed by the Wetlands Protection Act for isolated wetlands subject to flooding.

            There was a bit of debate between Gifford and chairman Mike King as King tried to inform Gifford of the conservation commission’s role in this matter. Gifford returned several times to being assured the parcel would never be built on and said, “I don’t want a house in my front lawn.” King said anyone had a right to build on their land saying, “Welcome to America.”

            The project was continued to March 13, pending a response from MassWildlife’s Natural Heritage and Endangered Species Program.

            In other business, a Request for Determination of Applicability filed by Peter Martin, 17 Main Street, for the construction of a 10×14-foot shed received a Negative 2 decision. Also receiving a Negative 2 decision was an RDA filed by Christine Wood, 1 Hilton Avenue, for the construction of a 14×16-foot, three-season room and a 14×10-foot deck.

            A Notice of Intent filed by the Hall Family Nominee Trust, 0 Laurel Street, for the construction of a single-family home received conditioning.

            A Notice of Intent filed by Bay Club Real Estate Holdings, represented by Robert Field of Field Engineering, received conditioning for a proposal to construct a 12-lot, cluster subdivision off Bay Club Drive on property originally slated to be a convention center inside the private subdivision. Field described the stormwater drainage systems necessary for development within a 100-foot buffer zone of a bordering, vegetated wetland.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Monday, March 13, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

            The makeup of the Marion Select Board had changed since the last time Tim Sawyer of Yarmouth Port-based Catalyst Architecture/Interiors Inc. was before its members to provide an update on the new Marine Center planned for Island Wharf.

            Catalyst was first involved almost three years ago in what started out as a design-feasibility study aimed at identifying needs, constraints and opportunities at the present site, from which emerged a conceptual design ultimately sent back for major revisions after Town Meeting feedback.

            As summarized by Sawyer during the Select Board’s February 22 public meeting, the conceptual design presented too large on the waterfront. He explained the necessary 19-foot elevation and 6- or 7-foot grade “that lends itself to requiring the building to be substantially elevated.”

            Catalyst responded with a reduced concept of less program area, and “observation amenities were extracted from the project,” said Sawyer, bringing the project down to bare needs. “We got to that reduced design concept in December 2020.”

            The revised design, he said, was produced on a conceptual budget-based design rather than an engineering-based design. By March 2021, Catalyst had produced what Sawyer called “early-level structural engineering narratives” that he considered valuable in establishing a budget. Catalyst was then authorized to develop that design with engineers and is now 99% consistent with the conceptual design.

            Sawyer said there have been a few modifications along the way involving greater detail. He said the project is at a 75% level of (bid-ready) documentation. Several meetings for progress review have not yielded any more significant changes but have yielded a few he considers relatively minor.

            The wraparound observation deck was considered to be not quite adequate for the Harbormaster Department’s views, so a cantilever design off the corner of the building has been added at minimal cost.

            The original design had an administration area, a welcome desk and two workstations. That has been redesigned into separate offices with glass walls.

            The revised project has received the Conservation Commission’s approval, and the next step is a site-plan review.

            Municipal permitting will clear the way for the completion of documents and bidding, with the goal to align bidding toward the end of summer to bring to Special Town Meeting in October.

            The emerging concern during the COVID-19 pandemic was financial, and postpandemic inflation has made estimated construction costs soar from $2,862,000 to a new January 5 estimate of $3,516,500, a $654,000 increase.

            Compounding the impact is an originally anticipated $2,300,000 in funding from the state’s Seaport Economic Council topped out at approximately $1,600,000. The SEC told Deputy Harbormaster Adam Murphy that Marion is already the beneficiary of a disproportionate allocation and that no more SEC funds are forthcoming. All the while, the department has been researching grant opportunities to mitigate the shortfall.

            Finance Director and Interim Town Administrator Judy Mooney pointed out that the first $300,000 granted by the SEC was for the design of the Marine Center, and the remaining $1,300,000 received earmarked for construction. Sawyer countered that the entire $1,600,000 goes to the bottom line.

            In explaining the inflated price, Sawyer said the construction industry is still suffering from the effects of COVID. While the price of wood is getting slightly closer to pre-Covid levels, the cost of steel remains high.

            Due to its required elevation, Sawyer estimated that the new Marine Center will cost $647 per square foot, “not outlandish from what I’ve been seeing,” he said. “A building like this that we had done four years ago … in the $400 to $500 range.”

            Sawyer advised against further shrinking of the currently proposed footprint, citing elevation as the cost driver. He told the Select Board he has “cherry picked” $90,000 in potential savings via materials selection.

            “Because the structure is on the perimeter, the expensive square footage is the foundation,” he explained. “We’ve kind of lost our economy of scale.”

            Select Board Chairman Randy Parker agreed and suggested that there is no aesthetic value to a red-copper roof if the seagulls are going to use it for droppings anyway.

            Sawyer will presumably use March to “button up” all the drawings with a best-case scenario of trying to take bid pricing to a special Town Meeting in October.

            Select Board member Norm Hills found a $400,000 mistake in the estimate. “That makes me uncomfortable. … I just want to hear somebody say there aren’t any more,” he said. He was not consoled by the fact the mistake works in Marion’s favor. “Still a lot of money that we don’t have. … Unfortunately, we have a lot of other demands for money.”

            Select Board member Toby Burr, the owner of Burr Brothers Boats in Marion, recused himself from the proceedings.

            In her Town Administrator’s Report, Mooney led off with a Department of Public Works facility update, noting that the February 13 committee meeting with lead architect Will Saltonstall yielded cost estimates informed by consulting engineer Ken Motta. The committee discussed options to conduct some of the work internally, including water and sewer lines and extending electrical utilities.

            “It was a great meeting, I walked away from there (feeling) comfortable,” said Parker, who said the committee also looked at styles of buildings and was waiting on Morton Buildings. “We’re still within the budget but not by much.”

            Mooney gave a brief FY24 Budget Update before attending the Finance Committee’s meeting that night with the Fire Department. As of February 22, the town was waiting on the Old Rochester Regional School District for a preliminary budget. She said the town is dealing with a budget deficit of just under $300,000.

            Finally, Mooney issued a reminder that the deadline for the Annual Town Meeting Warrant is Tuesday, March 14. That includes citizens-petition articles that must be stamped by the town clerk.

            During Open Comment, Marion resident Barry Gaffey expressed interest in opening land access to the “Kittansett” beach area off Point Road. Hills disagreed, calling the area hazardous. Gaffey is concerned about parking on what he says are private roads in the area.

            Under Action Items, the board voted to approve early voting by mail and in person to be conducted May 1-9 (Monday-Thursday from 8:00 am to 4:30 pm and Friday from 8:00 am to 3:30 pm), designated Police Chief Richard Nighelli the responsibility to assign police detail for the May 12 Town Election, approval of the Massachusetts Historical Commission Preservation Restriction Agreement for the Marion Town House, three one-day liquor licenses for the Marion Social Club (Clam Boil on March 26 from 12:00 pm to 5:00 pm, Chicken Bake on April 23 from 12:00 pm to 4:00 pm, Italian Dinner on May 21 from 12:00 pm to 4:00 pm and finally approval of a Water/Sewer commitment of $496.48 (final readings February 3.)

            New Town Administrator Geoff Gorman will attend the next meeting of the Marion Select Board on Tuesday, March 7, at 6:00 pm.

Marion Select Board

By Mick Colageo

            Marion’s 1991 ladder truck took center stage, as Fire Chief Brian Jackvony met with the Finance Committee on February 22 at the Music Hall.

            A new ladder truck estimated to cost $1,200,000 was originally pitched as a capital need of the department, but the Capital Improvements Planning Committee ranked it outside the top-10 recommended projects for consideration of the Finance Committee and Select Board.

            The existing 1991 ladder truck was bought 10 years ago from the City of Milwaukee, Wisconsin. It recently broke down during a Wareham fire. Jackvony said the truck has outlived its useful life and according to a regional expert is beyond repair. Even parts would have to be specially manufactured. In 2016, Marion spent over $30,000 on the truck.

            In discussing the need for this particular piece of equipment, Jackvony gave different scenarios where fighting fires has become more complicated.

            Solar panels on roofs are a deterrent to traditional access in treating fires, he said. A ladder truck is necessary to treat boat fires, as well. Jackvony said a new ladder truck could serve Marion for 30 years. The tank capacity would be 480 gallons. To supplement that water supply, Marion has a fire engine with far greater capacity.

            Jackvony said that while Mattapoisett does not have a ladder truck, Rochester and Wareham do.

            “The (existing) ladder truck has been consuming a great deal of our repair money,” said Jackvony, noting that Marion is using a Mattapoisett vendor for vehicle repair at a significant savings over the factory-authorized dealer in North Attleboro.

            In introducing an overview of his FY24 estimated budget, Jackvony said that the proposed 2% budget increase reflects the pay increase as dictated by the town’s Personnel Policy Classification Plan covering most if not all department employees. Jackvony said he is scheduled for a greater increase because he is employed on a contract.

            Jackvony told the committee that apparatus repairs, though not a surprise, has been a point of struggle in preparing a FY24 operating budget. “The cost of materials and labor have skyrocketed over the past two years. The cost of vehicles has exploded,” he said.

            A recent replacement of belts and pulleys on a town ambulance cost $1,500, nearly double what the repair typically cost prior to the pandemic, according to Jackvony, who said he was then told there was no mark-up on parts for that repair.

            Contractual services have also been a challenge for the department. Jackvony said Marion uses cloud-based programs for government-mandated reporting on calls and patient care. Personnel scheduling costs, he said, are increasing from $1,000 this year to $2,000 next year and $3,000 the following year.

            Consolidation of planning and reporting to one platform would result in an increase to $14,000, Jackvony said. Reporting to the federal government, he explained, is a prerequisite to eligibility for grant funding through FEMA.

            Jackvony said that the department has spent $34,000, nearly exhausting its $37,400 budget line for truck repair for the current fiscal year, which ends on June 30. Jackvony said the department’s budget is also affected by “consumables,” the small items it takes to run a large department.

            “We’re not immune, we’re doing the best we can,” he said.

            One area the Fire Department is looking to increase revenue for the town’s General Fund is emergency services. Marion last billed an annual $385,000. “If we don’t bill where we should be, the insurance companies just keep the money,” he said.

            Some EMS billing, he said, is not subject to Medicare and Medicaid, and that is where he said the department could seek increases to be approved by the Select Board.

            Finance Committee member Margie Baldwin, assigned to examine the Fire Department’s budget, noted that Marion charges $1,379 for a basic life-support call, significantly less than the county average of $1,700. “So we have some room,” said Baldwin.

            Marion uses Coastal Medical Billing, which collects a standard 3% according to Finance Director Judy Mooney and according to Jackvony, collects an average of 89.1% of its billing to the consumers of the services rendered.

            Jackvony said the Fire Department provides proactive services to prevent health crises. The service will likely fall under Mobile Integrated Help, allowing Marion to bill insurance companies, but the $30,000 license fee is coming down to approximately $5,000.

            Marion Fire Department made 696 transports last year over nearly 1,000 medical calls to the department; 16% of calls overlap.

            “We’re doing it all with part-time help,” said Jackvony, who recommended adding four, full-time paramedics who would also be trained as firefighters. As of now, the department schedules 416 hours per week of part-time help.

            Given the imminent addition of 240 housing units, Jackvony said, “The Fire Department can’t be left behind.”

            Marion is staffed round the clock in medical, but firefighters are on call weekdays after 4:00 pm.

            In answer to Finance Committee Chairman Shay Assad, Jackvony had not, as of February 22, approached the Select Board about transitioning to more full-time staff. Assad recommended Jackvony propose fees to the schools (public schools and Tabor Academy) to help mitigate services not covered by the payment of taxes.

            Shaun Cormier, the town’s Facilities director, also reported to the committee. Mooney summarized the department’s annual operating budget at approximately $393,000.

            In addition to a 2% scheduled salary increase in his department, Cormier seeks to upgrade a laborer’s position to a carpenter’s position. He told the committee it has been difficult to find help offering $18 per hour.

            “In order for this department to be successful, I need a couple of capable, experienced people under me,” said Cormier. “A carpenter position would be a huge help. Unfortunately, we’d be raising (the salary) from $18 an hour to $30.”

            Cormier said the money is in the department based on a plan to save $13,600 in rent at the formerly town-owned Atlantis Drive property into the newly renovated basement of the Town House. “My plan is to move our shop down there,” he said.

            Assad researched school choice and engaged the committee in a lengthy discussion, a hot topic as each of the Tri-Towns watch enrollment numbers.

            The Marion Finance Committee had not scheduled its next public meeting at adjournment.

Marion Finance Committee

By Mick Colageo