Marion Annual Town Meeting
May 12, 2014

For a complete text of the Articles click here for the PDF of the Meetng Warrant

Article 1. To see what compensation the Town will pay its elected Town officials:

PASSED

Article 2. 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.

PASSED

Article 3. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $1,971,022 to be used to operate the water enterprise fund, the following sums to be appropriated to salaries and expenses, $853,069; reserve fund, $60,000; debt, $762,394; and indirect costs, $295,559; and the funds be raised from department receipts, $1,675,463 and $400,000 from water retained earnings; or take any other action thereon.

PASSED

Article 4. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $2,410,000 to be used to operate the sewer enterprise fund, the following sums to be appropriated to salaries and expenses, $849,028; reserve fund, $60,000; debt, $1,224,180; and indirect costs, $276,792; and the funds be raised from departmental receipts, $2,050,000 and $400,000 from sewer retained earnings; or take any other action thereon.

PASSED

Article 5. To see if the Town will vote to transfer from the Overlay Surplus Account the sum of $25,000 to be used by the Board of Assessors for the revaluation of real and personal property as mandated by the Department of Revenue; or take any other action thereon.

PASSED

Article 6. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $200,000 to the Other Post-Employment Benefit Liability Trust Fund as established at the Annual Town Meeting of 2010 under

PASSED

Article 7. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $200,000 to establish a new Stabilization Fund in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 5B for the purpose of funding future cost increases in the School Dept. budget; or take any other action thereon.

PASSED

Article 8. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $20,000 to the Stabilization Fund; or take any other action thereon.

PASSED

Article 9. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $34,791 to be used by the Police Department for purchasing and equipping one (1) new police cruiser; or take any other action thereon.

PASSED

Article 10. To see if the Town will vote to raise or appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $12,500 to be expended by the Conservation Commission for control of invasive species and required maintenance at Sprague's Cove and other Conservation Commission responsible parcels.

FAILED

Article 11. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $49,000 to replace the emergency generator at the Spring Street Fire Department Headquarters; or take any other action thereon.

PASSED

Article 12. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $25,000 to be expended under the direction of the Harbormaster for the purpose of replacing two (2) motors (Pump Out Boat and Work Boat), and that to meet this appropriation the sum of $25,000 be transferred from the Waterways Account; or take any other action thereon.

PASSED

Article 13. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $37,500 to be expended by the Fire Dept. to continue with its program of air pack replacement; or take any other action thereon.

PASSED

Article 14. To see if the Town will vote to raise and appropriate the sum of $1,500,000 for the purpose of final design, construction and equipping, including costs incidental and related thereto, of a new water tower to be located at Great Hill; and to determine whether this appropriation shall be raised by authorizing the Treasurer, with the approval of the Board of Selectmen, to issue bonds or notes under the provisions of Chapter 44 of the General Laws, or other appropriate enabling authority and further to see if the Town will vote to acquire an easement or easements necessary to permit the construction of and access to, a new water tank at the property known as Great Hill bounded by Delano Road, South Great Hill Drive and Great Hill Drive AND vote to acquire a parcel of land on the same property for the purposes of construction of a new water tank AND vote to permit the conveyance in approximate equal area to that land being acquired, a parcel of land on which the current water tank is located; or take any other action thereon.

PASSED

Article 15. To see if the Town will vote to raise and appropriate the sum of $540,000 for the purpose of purchasing a new or used fire pumper engine for use by the Fire Department, including costs incidental and related thereto, and to determine whether this appropriation shall be raised by authorizing the Treasurer, with the approval of the Board of Selectmen, to issue bonds or notes under the provisions of Chapter 44 of the General Laws, or other appropriate enabling authority; subject to voters' approval of a debt exclusion under the provisions of Chapter 59, Section 21C of the General Laws; or to take any other action thereon.

FAILED

Article 16. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $39,000 to be expended by the Police Dept. for a combined public safety radio network upgrade; or take any other action thereon.

PASSED

Article 17. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $66,000 for the purpose of replacing the roof at the Marion Music Hall, including costs incidental and related thereto; or take any other action thereon.

PASSED

Article 18. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $11,500 to be expended by the Fire Dept. to replace the Department's telephone system; or take any other action thereon. Finance Committee recommends

PASSED

Article 19. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $42,300 to be expended under the direction of the Facilities Manager for the purpose of re-pointing the exterior of the Marion Music Hall as necessary; or take any other action thereon.

PASSED

Article 20. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $25,000 to be expended by the School Dept. to replace vinyl composition tile (VCT) in various areas of the Sippican School; or take any other action thereon.

PASSED

Article 21. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $46,500 to be expended for the purpose of engaging engineering services necessary to begin the planning process for a new Department of Public Works complex; or take any other action thereon.

PASSED

Article 22. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $28,800 to be expended by the Sewer Department for the purpose of conducting an asset condition assessment; and that to meet this appropriation, the sum of $28,800 be transferred from the Sewer Enterprise Retained Earnings; or take any other action thereon.

PASSED

Article 23. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $45,000 to be expended under the direction of the Facilities Manager to prepare and paint the exterior of the Elizabeth Taber Library/Marion Natural History Museum; or take any other action thereon.

PASSED OVER

Article 24 To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury the sum of $52,000 to purchase a mini excavator for use by the Department of Public Works, including the Water and Sewer Divisions, and the Recreation Dept., and that to meet this appropriation the sum of $10,400 be transferred from the Sewer Enterprise Retained Earnings; $10,400 be transferred from the Water Enterprise Retained Earnings; $10,400 be transferred from Recreation Department Revolving Fund; $10,400 be transferred from Cemetery Lots Funds; and $10,400 be transferred from available funds (Free Cash); or take any other action thereon.

PASSED

Article 25. To see if the Town will vote to raise and appropriate or transfer from available funds in the Treasury (Free Cash) the sum of $200,000 to establish a new Stabilization Fund in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 5B for the purpose of funding future capital improvement projects or equipment; or take any other action thereon.

PASSED

Article 26. To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate, from Fiscal Year 2015 estimated annual revenues, $2,000 to the Community Preservation Committee for administrative expenses; or take any other action thereon.

PASSED

Article 27. To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate $88,562 from Historic Preservation reserves and $5,998 from Undesignated Funds balance for a total of $94,560 for the following preservation work at the Music Hall: Remove existing concrete floor, excavate and a. install drainage pipe, reinstall new concrete floor b. Stucco over approximately 1400 square feet of eroded brick interior c. Stucco over 12 existing brick piers; Or take any other action thereon.

PASSED

Article 28. To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate $33,710 from Open Space reserves and $58,800 from Undesignated Funds balance for a total of $92,510 for the following recreation improvements: a. Install playground equipment at Washburn Park 13 Replace playground equipment b. at the Point Road playground c. Install wood guard rail adjacent to the new ball field at Washburn Park; Or take any other action thereon.

PASSED

Article 29. To see if the Town will vote to act upon the recommendation of the Community Preservation Committee to appropriate $14,250 from Undesignated Funds balance to rebuild the viewing platform in Pierson Woods; or take any other action thereon.

PASSED

Article 30. To see if the Town will vote to transfer the sum of $2,000 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.

PASSED

Article 31. To see if the Town will vote to authorize the Board of Selectmen to enter into a lease, with terms and conditions favorable to the Town of Marion, on a parcel of land off Benson Brook Road, depicted on the Marion Assessors' Map 24, Lot 9 (the Town of Marion capped landfill) for the purpose of allowing said parcel to be used for a solar array; or take any other action thereon.

PASSED

Article 32. To see if the Town will vote to authorize the Open Space Acquisition Commission to accept as a gift for conservation and passive recreation purposes, a Conservation Restriction consisting of 8 acres, more or less, on a portion of a certain property, as shown on Assessor's Maps Lot 23 Plan 5, that said Conservation Restriction be conveyed to the town under the provisions of Massachusetts General Laws Chapter 40, Section 8C and Chapter 187 of the Acts and Resolves of 1998, and authorize the Open Space Acquisition Commission, on behalf of the Town, to enter into all agreements and 14 execute any and all instruments as may be necessary on behalf of the Town to affect said gift. The proposed Conservation Restriction is shown on the plan "Proposed Bilentschuk Conservation Restriction, Lot 23, Map 5" dated March 20, 2014, on file with the Town Clerk; or take any other action thereon.

FAILED

Article 33. To see if the Town will vote to approve the gift to the Town of 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 for conservation purposes, from DAVID E. NILSON and HOLLY M. NILSON, Trustees of the VILLAGE WAY REALTY TRUST, u/d/t dated February 25, 2000, and filed with the Registered Land Division in the Norfolk County Registry of Deeds as Document No. 853646 and noted on Certificate of Title No. 157003, of I7IB Great Neck Road, Wareham, MA 02571, vacant land in Marion, Massachusetts, more particularly described as Parcel 44A as shown on Approval Not Required Plan of Land, Known as Lot 44 on Assessor's Map 18, Situated on Holly Pond Road in the Town of Marion, County of Plymouth, MA Prepared for Village Way Realty Trust, dated November 27, 2012, and filed with the Plymouth County Registry of Deeds, Plan Book 58, Page 85. Said premises are conveyed subject to and with the benefit of all rights, covenants, easements, rights of way, restrictions and reservations now inuring to the benefit of said premises insofar are still in force and effect. Said premises are to be conveyed to the Open Space Acquisition Commission of the Town of Marion to be managed and controlled by the Open Space Acquisition Commission as permanently protected open space under

PASSED

Article 34. To see if the Town will vote to acquire an easement from the property owners now or formerly known as John and Mallory Waterman on the real property identified as Assessor's Map 16, Lot 179 for the purposes of permitting the Town of Marion Department of Public Works and their agents to enter upon said real property and make, from time to time, necessary improvements to or conduct maintenance of, municipal drainage infrastructure on said real property, or take any other action thereon. Finance Committee has no recommendation, as no financial impact

PASSED

Article 35. To see if the Town will vote to amend the Zoning By- Laws of the Town to create a new Section 17, et seq. of the Zoning Bylaw entitled "Medical Marijuana Treatment Centers (also known as Marijuana Dispensaries)" said new Section 17, et seq. to limit the siting and operation of Medical Marijuana Treatment Centers to locations appropriate to such use, and to regulate such use through the issuance of a special permit and the imposition of conditions necessary to protect community safety while ensuring legitimate patient access throughout the Town of Marion substantially as follows:

PASSED

Article 36. To see if the Town will vote to amend Section 4.2 "N" of the Zoning Bylaw (Table of Principal Uses) by inserting the letter "PB" in Limited Industrial zoning district preceded by the words "Medical Marijuana Dispensary, Treatment Center" as follows: Principal Uses R RE GB LB MB LI CP MSOD Medical Marijuana N N N N N PB N N Dispensary, Treatment Centers

PASSED

Article 37. To see if the Town will vote to amend Section 4.2 "N" of the Zoning Bylaw (Table of Principal Uses) by inserting the letter "Y" in all zoning districts preceded by the words "Solar Systems" as follows: Principal Uses R RE GB LB MB LI CP MSOD Solar Systems (1) Y Y Y Y Y Y Y Y (1) In certain circumstances, Solar Systems require a special permit from the Planning Board. See Section 16 of the Zoning Bylaw.

PASSED

Article 38. To see if the Town will vote to amend Section 4.2 of the Zoning Bylaw (Table of Principal Uses) by inserting a new Section "P" as follows:

PASSED OVER

Article 39. To see if the Town will vote to amend the Zoning Bylaw by DELETING Sections 3.1, 3.2.1, 3.2.2, 3.2.3 and 3.2.4 as currently written and SUBSTITUTING as noted below, AND, by DELETING the first paragraph of Section 8.2.1 as currently written and SUBSTITUTING that paragraph with that as noted below AND by DELETING Section 8.7.3 as currently written and SUBSTITUTING as noted below:

PASSED

Article 40. 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:

PASSED

Article 41. 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

PASSED

Article 42. 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

PASSED

Article 43. 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 27 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

PASSED

Article 44. To consider the reports of the Town officers and committees and act thereon; or take any other action thereon

PASSED

Article 45 To choose by ballot all necessary officers for the ensuing year, viz; One Selectman for three years; one Town Clerk for three years; one Assessor for three years; one Moderator for one year; one Board of Health member for three years; three Planning Board members for three years; two Marion School Committee members for three years; one Old Rochester Regional School Committee member for three years; two Open Space Acquisition Commission members for three years; one Tree Warden for three years; and to act on the following ballot question, commencing on Friday, the 16th of May, 2014, at 8:00 o'clock in the morning in the Veterans of Foreign Wars Hall, 465 Mill Street (Route 6), in said Marion: Question 1. "Shall the town of Marion be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issued in order to purchase a new or used fire pumper engine for use by the Fire Department, including costs incidental and related thereto?

PASSED

Voting takes place on May 16 from 8am to 8pm at the VFW Hall on Route 6

Article S1 To see if the Town will vote to transfer from available funds in the Treasury (Free Cash) the sum of $100,000 to supplement the Fiscal Year 2014 budget of the Department of Public Works to pay expenses associated with the removal of snow and ice from public ways during said Fiscal Year; or take any other action relative thereto.

PASSED