Article 1. (PASSED) To see what compensation the Town will pay its elected Town officials:
EFFECTIVE JULY 1, 2009
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 Moderator, for Annual Meeting $ 240 per Special Town Meeting $ 79
or take any other action thereon.

Article 2. (PASSED) To see what sums of money the Town will raise and appropriate and/or transfer from available funds in the treasury in order to pay interest and maturing debt and for charges, expenses and outlays of the several Town departments and Reserve Fund for the ensuing year.
FY10 09 to 10 FY09 FinCom % chg Approp. Recomm. Differ.
GENERAL GOVERNMENT 113 Election/Town Meetings $ 10,258 $ 9,627 -6.15% 122 Selectmen 29,343 59,343 102.24% 123 Town Administrator 100,857 100,857 0.00% 131 Finance Committee 20,975 21,975 4.77% 132 Reserve Fund 146,756 141,000 -3.92% 135 Finance Director/Acc't. 80,165 80,165 0.00% 141 Assessors 92,953 93,353 0.43% 145 Treasurer 40,235 40,706 1.17% 146 Collector 41,695 42,166 1.13% 151 Legal 112,000 93,000 -16.96% 155 Computer 63,600 63,750 0.24% 159 Administrative Services 608,775 589,500 -3.17% 161 Town Clerk 20,381 20,361 -0.10% 163 Registrar of Voters 9,623 9,623 0.00% 171 Conservation 2,412 2,412 0.00% 175 Planning Board 16,000 14,400 -10.00% 176 Zoning Board 2,119 2,119 0.00% 191 Town Facilities 89,000 89,000 0.00% 192 Town Report 8,200 8,200 0.00% 199 Unclassified 1,300 1,300 0.00% Total General Government 1,496,647 1,482,857 -0.92%
PUBLIC SAFETY 210 Police Department $1,253,077 $1,262,009 0.71% 210 Police Cruiser 26,500 26,500 0.00% 220 Fire Department 316,409 339,633 7.34% 230 Emergency Medical 101,670 119,790 17.82% 241 Building Department 86,620 87,470 0.98% 291 Emergency Mgmt. 860 860 0.00% 292 Animal Control 46,033 46,033 0.00% 295 Marine Resources 168,634 168,634 0.00% 299 Tree Warden 10,700 10,700 0.00% Total Public Safety 2,010,503 2,061,629 2.54%
SCHOOLS 300 Sippican School $5,049,736 $5,093,621 0.87% 301 ORR Operating 3,825,666 3,890,179 1.69% 302 ORR Debt 314,987 289,455 -8.11% 302 Upper Cape Cod Op. 315,199 258,333 -18.05% 302 Upper Cape Cod Debt 26,380 24,597 -6.76% Total Education 9,531,968 9,566,185 0.25%
PUBLIC WORKS ADMINISTRATION 420 Public Works $ 767,980 $ 797,346 3.82% 439 Regional Landfill Assessmt 12,369 16,155 30.61% 490 Utilities and Fuel 302,550 302,550 0.00% Total Public Works 1,082,899 1,116,051 3.06%
HUMAN SERVICES 511 Board of Health $ 77,301 $ 77,713 0.53% 541 Council on Aging 58,214 67,443 15.85% 543 Veterans 10,814 10,814 0.00% Total Human Services 146,329 155,970 6.59%
CULTURE AND RECREATION 610 Library $133,593 $136,933 2.50% 630 Recreation 65,950 65,950 0.00% 670 Natural History Museum 6,600 6,600 0.00% 692 Celebrations, Parades, Band Concerts 13,300 13,300 0.00% Total Culture & Recreation 219,443 222,783 1.52%
DEBT SERVICE 710 Principal Payments $ 454,570 $ 325,215 -28.46% 711 Interest Payments 160,886 232,375 44.43% Total Debt Services 615,456 557,590 -9.40%
PENSION AND INSURANCE 911 Pension Assessment $ 517,052 $ 528,581 2.23% 914 Group Insurance 1,016,230 1,051,860 3.51% 940 Town Insurance 381,060 381,060 0.00% Total Pension and Insurance 1,914,342 1,961,501 2.46%
TOTAL OPERATING BUDGET 17,017,587 17,114,566 0.57% Less Transfers 366,800 343,800 Less Indirect Costs 355,712 400,902 Less Transfers/Free Cash 444,367 480,996 Overrides
RAISE AND APPROPRIATE $15,850,708 $15,888,868

Article 3. (PASSED) To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $1,680,029 to be used to operate the water enterprise fund, the following sums to be appropriated to salaries and expenses: $812,480, reserve fund, $60,000; debt, $597,698, and indirect costs, $209,851; and the funds be raised from departmental receipts, $1,330,029; and $350,000 from water retained earnings; or take any other action thereon.
FY09 FY10 $ chg Approp. Recommend. Differ.
WATER ENTERPRISE FUND Salaries and Expenses $ 812,917 $ 812,480 -0.05% Reserve Fund 60,000 60,000 0.00% Debt (principal, interest & charges) 448,136 597,698 33.3% Subtotal 1,321,053 1,470,178 11.29% Indirect Costs 185,747 209,851 12.98% Total Water Enterprise Budget 1,506,800 1,680,029 11.50% Less Water Retained Earnings 200,000 350,000 Water Revenues $1,306,800 $1,330,029

Article 4. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,206,528 to be used to operate the sewer enterprise fund, the following sums to be appropriated to salaries and expenses: $669,472, reserve fund, $60,000; debt, $1,286,005; and indirect costs, $191,051; and the funds be raised from departmental receipts, $1,956,528 and $250,000 from sewer retained earnings; or take any other action thereon.
FY09 FY10 $ chg Approp. Recommend. Differ.
SEWER ENTERPRISE FUND Salaries and Expenses $ 625,802 $ 669,472 6.98% Reserve Fund 60,000 60,000 0.00% Debt (principal, interest & charges) 1,295,609 1,286,005 -0.74% Subtotal 1,981,411 2,015,477 1.72% Indirect Costs 169,965 191,051 12.41% Total Sewer Enterprise Budget 2,151,376 2,206,528 2.56% Less Sewer Retained Earnings 100,000 250,000 Sewer Revenues 2,051,376 1,956,528

Article 5. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $184,000 to purchase one (1) new street sweeper for the Department of Public Works and that, to meet this appropriation, $24,000 shall be transferred from the waterways account and $160,000 shall be raised
subject to the voters approval of a capital outlay expenditure exclusion under the provisions of Chapter 59, Section 21C of the General Laws; or to take any other action thereon.

Article 6. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $400,000 to purchase and install automatic water meter readers, including software program and required remotes and that, to meet this appropriation, the sum of $400,000 be transferred from the water enterprise retained earnings; or take any other action thereon.

Article 7. (PASSED) To see if the Town will vote to raise and appropriate the sum of $2,600,000 for the design, permitting, construction and related costs for water distribution improvements, specifically including new water mains from Pleasant Street to the end of Converse Road (gates); and to determine whether this appropriation should be raised by authorizing the Treasurer, with the approval of the Board of Selectmen, to borrow $2,600,000 under the provisions of Chapter 44, S8, or other enabling authority; to be repaid by water rates; or take any other action thereon.

Article 8. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds in the treasury (free cash) the sum of $32,900 to be used by the Police Department for purchasing and equipping one (1) new four-wheel drive police cruiser; or take any other action thereon.

Article 9. (FAILED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $52,000 to be used by the Fire Department to purchase materials, hire labor, and equip a brush-breaker for the Fire Department and that, to meet this appropriation, the sum of $29,451.48 be transferred from available funds in the treasury (free cash) and the following unexpended balances from articles at previous town meetings be transferred to effectuate the purposes of this article:
$15,000.00--Breaker/Tanker Equipment (ATM 4/04, Art. 14)
$3,783.66--Dry Hydrant System (ATM 4/04, Art 9)
$2,497.00--Ladder Truck (STM 11/07, Art S2)
$1,267.86--Boiler Replacement (STM 10/04, Art S4)
or take any other action thereon.

Article 10. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $17,000 to add six (6) additional floats at Island Wharf and that, to meet this appropriation, the sum of $17,000 be transferred from the waterways account; or take any other action thereon.

Article 11. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $65,000 to purchase a new twenty-four foot (24') aluminum utility boat and that, to meet this appropriation, the sum of $65,000 be transferred from the waterways account; or take any other action thereon.

Article 12. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds in the treasury (free cash) the sum of $250,000 to the Stabilization Fund; or take any other action thereon.

Article 13. (PASSED) To see if the Town will vote to transfer $25,000 from the Overlay Surplus Account to be used by the Board of Assessors for the revaluation of real and personal property as mandate by the Department of Revenue; or take any other action thereon.

Article 14. (PASSED) To see if the Town will vote to raise and appropriate or transfer from available funds in the treasury (Free Cash) the sum of $35,000 to the compensated absence account for the purpose of funding accrued benefits for retiring employees; or take any other action thereon.

Article 15. (PASSED) To see if the Town will vote to appropriate, upon the recommendation of the Community Preservation Committee, from the Fiscal Year 2010, estimated annual revenues, $71,877 for the purpose of meeting the requirements of the Community Preservation Act, G.L.C. 44B, section 6, for the purposes of Open Space, Community Housing and Historic Resources, for Fiscal Year 2010; or take any other action thereon.

Article 16. (PASSED) To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 estimated annual revenues, $2,000 to the Community Preservation Committee for administrative expenses; or take any other action thereon.

Article 17. (PASSED) To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 fund balance reserves--affordable housing, $20,000 to the Marion Affordable Housing Trust for use by the Trust to update the Marion Affordable Housing Plan/Housing Production Plan; or take any other action thereon.

Article 18. (PASSED)To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 fund balance reserves--open space, $6,000 to the Marion Open Space Acquisition Commission to update the Open Space and Recreation Plan; or take any other action thereon.

Article 19. (PASSED) To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 fund balance reserves--historic preservation, $19,000 to the Town of Marion to conduct a feasibility study of the Marion Town Hall to determine the necessary restoration/renovations to maintain the structural and historic integrity of the building; or take any other action thereon.

Article 20. (PASSED)To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from prior year article #15, Annual Town Meeting, May 2007, $13,400 to the Bird Island Restoration Committee to re-point, power wash and repaint Bird Island Lighthouse; or take any other action thereon.

Article 21. (PASSED) To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 estimated annual revenues, $20,000 to the Marion Recreation Department to build a new ball field for use by its baseball and softball teams; or take any other action thereon.

Article 22. (PASSED) To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from the Fiscal Year 2010 estimated annual revenues $133,041 and $17,959 from the Fiscal Year 2010 open space reserves, for a total of $151,000, to the Marion Open Space Acquisition Commission to purchase a parcel of land, to be sub-divided with an approximate 5,000 square foot lot being cut out for transfer to the Marion Affordable Housing Trust; or take any other action thereon.

Article 23. (PASSED) To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 59, S5L which provides that any taxes due under this chapter by a member of the Massachusetts National Guard or reservist or a dependent of a member of the Massachusetts National Guard or reservist shall be deferred while that member is on active service outside the commonwealth and for the next 180 days after that service; or take any other action thereon.

Article 24. (PASSED) To see if the Town will vote to amend the General By-Laws of the Town of Marion, Article XXVI (Animal Control By-Law), by deleting Section 6 in its entirety and inserting in place thereof the following:
It shall be unlawful for any person to permit any dog owned by him and/or under his care or control to be present on any beach owned by the Town of Marion from May 1 through October 1. From October 2 through April 30, dogs may be present on any beach owned by the Town of Marion, provided it is under the control of its owner. It is the owner's responsibility to provide a "pooper
scooper" or some other device capable of removing dog waste from the beach property. Failure of the owner to remove dog waste shall be subject to the penalties described in Section 7; or take any other action thereon.

Article 25. (PASSED) To see if the Town will vote authorize the Board of Selectmen to approve the imposition of a conservation restriction on a parcel of land at 330 Wareham Street (Little Neck Village) pursuant to Massachusetts General Laws, Chapter 184, Sections 31-33, subject to the terms, conditions, and precise location as required by the Commonwealth's Natural Heritage and Endangered Species Program; or take any other action thereon.

Article 26. (TABLED) To see if the Town will vote to amend the General By-laws by adding a new Article XXX, as follows:
Section 1. No owner or tenant of an estate abutting on a sidewalk shall place or suffer to remain for more than six hours between sunrise and sunset any snow upon such sidewalk or any ice upon such sidewalk unless such ice is made even and covered with sand, salt, ice melt or such other product so as to prevent slipping. Nor shall any person in the act of removing snow from a sidewalk, driveway or any other area, cause snow to be placed in the street or other public ways. For each offense under this section, the owner or tenant shall be liable for fines of $25 for the first offense; $50 for the second offence [sic] and $100 for the third and each subsequent offense.
BY PETITION

Article 27. (PASSED) To see if the Town will vote to authorize the Board of Selectmen to sell its undivided interest in land located in Wareham, MA and described as follows:
Wareham Assessors' Map 74 - Lot 1009 37.62 acres
Wareham Assessors' Map 53 - Lot 1000 2.60 acres
Wareham Assessors' Map 93 - Lot 1018 6.58 acres
Wareham Assessors' Map 75 - Lot 1003 7.56 acres
Wareham Assessors' Map 74 - Lot 1007 .31 acres
or take any other action thereon.

Article 28. (PASSED) To see if the Town will vote to authorize the Board of Selectmen, pursuant to the authority granted by Massachusetts General Laws, Chapter 40, Section 15A, to transfer from the Marion Board of Selectmen to the Marion Recreation Committee, to be held and managed as park and recreational lands, the following parcels of land, more fully described as follows:
1. Washburn Park as described in Plan 11, lot 49 and recorded in Plymouth County Registry of Deeds, Book 1936, Page 586.
2. Oakdale Avenue Beach, as described in Plan 12, lot 14A, and recorded in Plymouth County Registry of Deeds, Book 2700, Page 177
or take any other action thereon.

Article 29. (PASSED) To see if the Town will vote to authorize the Board of Selectmen, pursuant to the authority granted by Massachusetts General Laws, Chapter 40, Section 15A, to transfer from the Marion Board of Selectmen to the Marion Marine Resources Commission, to be held and managed as park and recreational lands, the following parcels of land, more fully described as follows:
1. Town Landing at Island Wharf, as described in Plan 14, lot 76 and recorded in Plymouth County Registry of Deeds, Book 847, Page 95
2. Wings Cove Boat ramp, as described in Plan 2, lot 1C, and registered in Land Court Book 99, Page 159 (Land Court Certificate of Title 19959)
3. Old Landing, as described in Plan 13, lot 12 and lot 13A and recorded in Plymouth County Registry of Deeds, Book 1099, Page 543 (lot 12) and Book 5339, Page 302 (lot 13A)
or take any other action thereon.

Article 30. (PASSED) To see if the Town will vote to authorize the Marion Board of Selectmen, pursuant to the authority granted by Massachusetts General Laws, Chapter 40, Section 15A, to transfer to the Marion Open Space Acquisition Commission, to be held and managed as conservation lands pursuant to Massachusetts General Laws, Chapter 40, Section 8C, and Chapter 187 of the Acts of 1998 the following parcels of land, more fully described as follows:
1. Marion Rail Trail, as described in Plan 24, lot 30 and Plan 25, lot 32 and Plan 27, lot 13 and recorded in Plymouth County Registry of Deeds, Book 27539, Page 320
2. Barnabas, as described in Plan 24, lot 10D,registered in Land Court Book 311, Page 60 (Land Court Certificate of Title 62260)
3. Aucoot Cove parcels, as described in Plan 18, lots 22, 23, 29, 31A, 32, 33, 34, 74-84, 97-103, 105-116 and recorded in Plymouth County Registry of Deeds, Book 5412, Page 213 (Lots 22, 23, 31A, 32 and 34), Book 13558, Page 293 (Lot 29), Land Court Book 337, Page 75 (Land Court Certificate of Title 67475) (Lots 33, 74-84, 97-103, 105-116).
or take any other action thereon.

Article 31. (PASSED) To see if the Town will vote to authorize the Board of Selectmen, pursuant to the authority granted by Massachusetts General Laws, Chapter 40, Section 15A, to transfer from the Marion Board of Selectmen to the Marion Parks Committee, to be held and managed as park and recreational lands, the following parcels of land, more fully described as follows:
1. Bicentennial Park, as described in Plan 14, lots 43A and 49 recorded in Plymouth County Registry of Deeds, Book 4178, Page 171 (lot 43A), and Book 3267, Page 178 (lot 49),
or take any other action thereon.

Article 32. (PASSED) To see if the Town will vote to transfer the sum of $9,000 from the Chester A. Vose Fund, said monies to be used by the Assessors for the reduction of taxes; or take any other action thereon

Article 33. (PASSED) To see if the Town will vote to authorize the Board of Selectmen to institute, defend, or compromise suits of law; or take any other action thereon

Article 34. (PASSED) To see if the Town will vote to authorize the Board of Selectmen to sell any article belonging to the Town, provided the Town has no further use for the same; or take any other action thereon

Article 35. (PASSED) To see if the Town will vote 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 twenty (20) days to the Board of Selectmen any recommendations that they may have with regard to the disposition of said land; or take any other action thereon

Article 36. (PASSED) To see if the Town will vote 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; said applications and expenditures may include, but not be limited to, the following:
A. Emergency Management Funds
B. Sewer system, planning and improvements
C. Water system improvements and aquifer protection
D. Recreation and conservation land planning, acquisition, and improvements of open space
E. Open space acquisition
F. Executive Office of Environmental Affairs self-help program
G. Executive Office of Environmental Affairs urban self-help program
H. Executive Office of Environmental Affairs land and water conservation fund
I. Repairs and renovations to Town properties
J. Coastal Zone funds for coastal-related activities
K. Housing-related grants
L. Public safety
M. Title V subsurface disposal of sanitary waste management
N. Public or private grants deemed by Selectmen to be in the best interest of the community
O. State Road funds, Chapter 53B and Chapter 150 (commonly known as Chapter 90 funds)
or take any other action thereon

Article 37. (PASSED) To consider the reports of the Town officers and committees and act thereon; or take any other action thereon

Article 38. (PASSED) To choose by ballot all necessary officers for the ensuing year, viz; One Selectman for three years; one Assessor for three years; one Moderator for one year; one Board of Health member for three years; one Board of Health member for two years; two Planning Board members for three years; two Marion School Committee members for three years; one Old Rochester Regional School Committee member for three years; one Open Space Acquisition Commission member for three years; and to act on the following ballot question, commencing on Friday, the 22nd of May, next, at 8:00 o'clock in the morning in the Music Hall, 164 Front Street, in said Marion:
Question 1. Shall the Town of Marion be allowed to assess an additional one hundred and sixty thousand dollars in real estate and personal property taxes for the purpose of purchasing one new street sweeper for the Department of Public Works for the fiscal year beginning July 1, 2009?