The Codification Committee remains in suspension since being taken from the purview of the Planning Board per a 1955 Town Meeting vote discovered only weeks ago.
The plan to reconstitute the committee to report directly to the Select Board has brought about recurring debate, mainly between board members Randy Parker and Norm Hills, the latter the former chairman of the Codification Committee when it operated as a subcommittee to the Planning Board.
During Tuesday’s public meeting of the Marion Select Board, Parker insisted that the committee needs some oversight, and he likes the idea of the Select Board voting to approve its decisions.
Hills thinks voting is too strong an action to be serviceable, considering the machinations of the committee’s activities and how it merely works to identify conflicts and problems with bylaws and recommend fixes or resolutions that require approvals beyond its own authority.
Like Parker, Select Board Chairman Toby Burr would like to see adjudicatory boards like the Planning Board to have the option of resolving bylaws pertaining to its own activities, passing them on to the Codification Committee or not make any change.
Hills said the committee has systematically been working off 280 comments to the general code.
“We’ve been whittling that down so 21 of those are left,” he said, qualifying that summary with the fact that more conflicts are discovered during the tedious process. All the work is done “so the building commissioner understands what he’s enforcing, and that’s not the case with a lot of bylaws.
“Whatever we do has to go to the Planning Board, and the Planning Board has to have a public hearing, so there’s no smoke and mirrors.”
Burr said, based on his conversations, that Planning Board members don’t always know what’s going on. Hills replied, “None of them have even volunteered to show up (at a Codification Committee meeting.) We’re not trying to hide anything. … We’ve been doing this work because nobody else wanted to do it. … I don’t think they understand how much work is involved. … If they want to do it, that’s fine with me.”
At the outset of the reconstitution of the committee, Parker said he is not a fan of it and felt that the committee had overstepped its mission.
Town Administrator Geoff Gorman suggested a dual approach. “We can do it both ways too,” he said, sharing a hypothetical in which the committee and an adjudicatory board would discuss ideas.
Sensing a lack of consensus on the subject, Gorman told the board he would “consult with Town Counsel and see if we’re going in the right direction.”
River Road has a new parking restriction, but it comes with a wrinkle that left residents watching out what they wish for when Select Board member Norm Hills abstained from the vote because his research on the matter led him to conclude that the street dimensions dictate that state regulations would prohibit parking on River Road altogether.
The matter pursued by residents ever since the old Gilda’s gave way to the newly reconstructed establishment at the corner of Route 6 almost took a turn that would become problematic to the same residents who felt unsafe under the former lack of regulations.
Burr and Parker thought it reasonable to enforce only a partial restriction from the corner to the first property line. Four signs will be placed warning violators that illegal parking at the mouth of River Road will result in towing.
“I don’t think we can allow parking where the state doesn’t allow it,” said Hills before the vote.
Parker recommended approving the recommended measure and “see how it goes, monitor it.” He was concerned that a complete ban on parking on River Road would not only be unfair to the residents hosting occasional family events but could also lead to many other Marion roads meeting the same criteria and requiring the same signage.
Gorman will meet with River Road resident Marc Sylvia to determine an exact spot for the sign.
Finance Director Judy Mooney is retiring after more than 20 years with the town and according to Gorman, “leaving very large shoes to fill.” As a result, Marion is forming a Hiring Committee for her replacement.
Parker suggested that former Select Board member John Waterman would make a good candidate for the job. Gorman reported that 12 applicants have produced approximately half through an initial screening process. Three of those candidates are already working for municipalities.
“I would like someone to shadow Judy for as long as we can afford,” said Gorman. “It’s moving as quickly as we can make it move.”
In his Town Administrator’s Report, Gorman also reported that front-end documents for the new Marine Center are complete with procurement the next step. The project’s $1,200,000 shortfall will be brought before voters at the October 23 Special Fall Town Meeting.
The meeting, to be held at 6:45 pm at Sippican Elementary School, will feature the funding for the harbormaster’s new headquarters, seawall engineering (a shovel-ready project), a cost-of-living adjustment for nonunion town employees, shortfall in funding from collective bargaining, an employee policy manual review and the transfer of a $36,000 opioid settlement from the General Fund to free cash. This will presumably position the town to direct those funds toward addiction-associated programs.
The Warrant deadline is September 11, closes October 3, goes to the printer on October 5 and is mailed out to residents on October 13. The previously scheduled Special Town Election, said Gorman, is most likely no longer needed.
Gorman announced that the Marion Fire Department is the recipient of two grants: $190,000 (federal) to replace all breathing apparatus and $285,000 to replace an inoperable bus truck.
“The chief (Brian Jackvony) does an amazing job going after these grants,” said Gorman, noting that the town’s on-call cadre of firefighters are funded by grant money.
The plans for the new Department of Public Works building are going well by all accounts.
Gorman reported a FY24 tax assessment of $35,289.06 with Plymouth County; the item has been budgeted.
Volunteers are still needed to serve, set up and take down at the Marion Town Party scheduled for Saturday, August 26, from 4:00 pm to 10:00 pm at Silvershell Beach.
Taylor Souza was approved for appointment as a full-time officer with the Marion Police Department effective August 20 for a one-year probationary period, per Chief Richard Nighelli’s recommendation. Souza comes to the Marion Police from the New Bedford PD where he has worked since January 2022. He has earned undergraduate and graduate degrees from UMass Dartmouth and has taught in New Bedford schools and at Dartmouth High.
While Hills recused himself, Burr and Parker voted to ratify the Open Space Recreation Plan (OSRP) Implementation Contract between the Town of Marion and the Southeastern Regional Planning and Economic Development District (SRPEDD.)
The board approved Water/Sewer commitments of: $400 (new water service July 17; $581.82 final readings July 26; $595 back-flow tests July 26; $1,600 new water services July 27; $315 back-flow tests August 8 and $950 new water service August 10.
The board approved a two-week extension of Sarah Gardner’s mobile-home/trailer permit from August 11 to August 25.
The board approved the following election officials: Paul Naiman as warden, Linda Schuessler as deputy warden, and Cynthia Callow as election worker.
The board approved a minor change to the Red Brick Farm/Mattapoisett River Valley Land Conservation Restriction as prompted by state review.
The Recreation Department will be the recipient of a $3,000 donation from the DaSilva family.
A Special, One-Day Liquor License was approved for the Kennedy wedding on September 2 from 5:00 pm to 11:00 pm at the Music Hall.
Burr was voted to represent the Select Board member to the Finance Director Hiring Committee.
Several will travel on Thursday, August 17, to see Hingham’s swap shed and bring back ideas for Marion’s.
The Marion Select Board has scheduled to meet in executive session on Wednesday, August 16, at 4:00 pm to discuss Marion Village Estates. The next public session has not been announced.
Marion Select Board
By Mick Colageo