Town of Marion
Annual Town Meeting
May 21, 2007

ARTICLE 1, to set the compensation for elected town officials as follows: Board of Selectmen, each member, per annum ($4,806); Board of Assessors, each member, per annum ($4,744); Board of Health, each member, per annum ($1,830); Town Clerk, per annum ($19,111); Treasurer, per annum ($28,529); Collector, per annum ($28,529); Town Moderator, for Annual Meeting ($240), per Special Town Meeting ($79).
Article 1 PASSED unanimously.

ARTICLE 2, to approve a total $16.58 million General Operating Budget for Fiscal Year 2008.
Article 2 PASSED unanimously.

ARTICLE 3, to approve $1.438 million to operate the Water Enterprise Fund.
Article 3 PASSED unanimously.

ARTICLE 4, to approve $2.061 million to operate the Sewer Enterprise Fund.
Article 4 PASSED unanimously.

ARTICLE 5, to to raise and appropriate $15,000 to be used by the Town Accountant to conduct an actuarial study of unfunded health and retirement liabilities as required by the Government Accounting Standards Board (GASB) 45.
Article 5 PASSED unanimously.

ARTICLE 6, to transfer $35,000 from Free Cash to be used by the Department of Pubic Works to purchase and equip a one-ton, 4x4, pick-up truck with plow.
Article 6 PASSED unanimously.

ARTICLE 7, to transfer $85,000 from Free Cash to be used by the Department of Pubic Works to purchase and equip a new front end loader/backhoe.
Article 7 PASSED unanimously.

ARTICLE 8, to transfer $8,100 from Free Cash to purchase nineteen (19) new pagers for on-call members of the Fire Department.
Article 8 PASSED unanimously.

ARTICLE 9, to transfer $29,500 from Free Cash to purchase and equip one (1) SUV-type command vehicle.
Article 9 PASSED unanimously.

ARTICLE 10, to transfer $19,000 from Free Cash to be used by the Police Department to replace the radio repeater for the police radio system and another $4,000 from Free Cash to replace one cruiser radio.
Article 10 PASSED unanimously.

ARTICLE 11, to transfer $25,500 from Free Cash to be used by the Police Department to purchase and equip one new Police Cruiser.
Article 11 PASSED unanimously.

ARTICLE 12, to transfer $17,000 from the Waterways Account to be used by the Marine Department to purchase materials, including moorings and gear to secure floats, for the construction of six (6) floats.
Article 12 PASSED unanimously.

ARTICLE 13, to transfer $50,000 from Free Cash into the Stabilization Fund.
Article 13 PASSED unanimously.

ARTICLE 14, to vote to act upon the report of the Community Preservation Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate from the Fiscal Year 2008 estimated annual revenues the sum of $224,817 to the Marion Land Bank Trust for the purposes set forth in the Open Space and Recreation Plan.
Article 14 PASSED via majority vote.

ARTICLE 15, to vote to act upon the report of the Community Preservation Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate from the Fiscal Year 2008 estimated annual revenues $75,000 and $75,000 from the CPA fund balance reserves -- Historic Resources -- for a total of $150,000 to the Marion Historical Commission and the Music Hall Committee for the purpose of continued restoration of the Music Hall.
Article 15 PASSED unanimously.

ARTICLE 16, to act upon the report of the Community Preservation Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate from the Fiscal Year 2008 estimated annual revenues $137,336 -- $15,000 from undesignated reserves, and $144,311 from the CPA fund balance reserves - Community Housing -- for a total of $296,647 to the Marion Affordable Housing Trust for the expansion of and improvements to Little Neck Village.
Article 16 PASSED unanimously.

ARTICLE 17, to act upon the report of the Community Preservation Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate from the Fiscal Year 2008 estimated annual revenues $12,481 to the Community Preservation Committee for administrative expenses.
Article 17 PASSED unanimously.

ARTICLE 18, to vote to authorize the Board of Selectmen to grant to Sippican Lands Trust, Inc. a Conservation Restriction on a parcel of land located adjacent to the railroad bed off Front Street, approximately 23 acres, generally described as Marion Assessors' Map 24, Parcel 23.
Article 18 PASSED via required 2/3 vote.

ARTICLE 19, voters were asked to vote to amend Article II, Section 2 of the General By-laws by deleting said section in its entirety and inserting in place thereof the following: "The election of officers designated on the official ballot and the voting upon such questions or matters as may be properly submitted for vote on the official ballot, shall take place on the third Friday in May of each year."
Article 19 PASSED unanimously.

ARTICLE 20, which would have asked voters to amend Article III (Town Officers) of the General By-Laws, was PASSED OVER via unanimous vote.

ARTICLE 21, to see if the Town will vote to amend the Article III of the General By-Laws by adding the following new Section 5: "There shall be an automatic hand recount of ballots cast on a question if the difference between the YES and NO vote counts on a question is equal to or less than one-half of one percent of the total votes cast for that question. The one-half of one percent of total votes shall be rounded up to the next higher integer. This provision shall not supersede recounts permitted to proponents by initiative request under the rules of the Election Division."
Article 21 was DEFEATED by majority vote.

ARTICLE 22, to amend Article III of the General By-Laws by adding a Recall Provision which may be triggered if 250 or more qualified voters file a written request with the Town Clerk's office.
Article 22 was DEFEATED via majority vote.

ARTICLE 23, which would have asked voters to amend Section 5.3.3 of the Zoning By-Laws by striking the phrase "twelve (12) dwelling units per acre" and replacing it with "eight (8) dwelling units per acre," was unanimously voted to be PASSED OVER.

ARTICLE 24, to amend Section 6.5.4(f) of the Zoning By-Laws by striking said section in its entirety and inserting in place thereof the following: "All artificial lighting shall be arranged and shielded so as to prevent direct glare from the light source onto any public way or any other property. All parking facilities which are used at night shall be lighted as evenly as possible within the maximum limits established by the State Building Code. All light shall be confined to the site and shall comply with the dark skies provisions set forth ion Section 9.11 (Site Plan Details)."
Article 24 was PASSED via required 2/3 vote.

ARTICLE 25, to amend Section 15.2 of the Zoning By-Laws by striking said section in its entirety and inserting in place thereof the following: "Any creation of five (5) or more parcels in a residence district, whether a subdivision or not, from a parcel or set of contiguous parcels held in common ownership may proceed under this Section 15, Flexible Development, and is further subject to the requirements of Section 9.0. Site Plan review."
Article 25 was PASSED via majority vote.

ARTICLE 26, to vote to accept the provisions of Massachusetts General Laws, Chapter 258, Section 13 which statute provides indemnification to municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed $1 million, arising out of any claim, demand, suit, or judgment by reason of any act or omission, except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment.
Article 26 PASSED unanimously.

ARTICLE 27, to authorize the Board of Selectmen or its designee to make application on behalf of the Town to the appropriate agency of the Federal or State Governments for grants in aid or other funds or to private foundations or other foundations to further carry out certain programs hereinafter listed and to expend such grants to the Town.
Article 27 PASSED unanimously.

ARTICLE 28, to transfer $9,000 from the Chester A. Vose Fund, said monies to be used by the Assessors for the reduction of taxes.
Article 28 PASSED unanimously.

ARTICLE 29, to authorize the Board of Selectmen to institute, defend, or compromise suits of law on behalf of the town.
Article 29 PASSED unanimously.

ARTICLE 30, to authorize the Board of Selectmen to sell any article belonging to the Town, provided the Town has no further use for the same.
Article 30 PASSED unanimously.

ARTICLE 31, to authorize the Board of Selectmen to sell or transfer any taxation possession property held by the Town, pursuant to General Laws, Chapter 60, Section 77, after the Board of Selectmen has notified the Planning Board, Open Space Acquisition Commission, Conservation Commission, and the Affordable Housing Trust of the availability of such land and said agencies may report in writing within 20 days to the Board of Selectmen any recommendations that they may have with regard to the disposition of said land.
Article 31 PASSED unanimously.

ARTICLE 32, to consider the reports of the Town officers and committees and act thereon.
Article 32 PASSED unanimously.