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

Maritime Center Clears Final Funding Hurdle
Marion Special Town Meeting
By Mick Colageo
The pivotal appropriation of $1,202,688 was approved by an overwhelming majority at Marion's Special Fall Town Meeting held Monday night at Sippican Elementary School, green-lighting construction of a new Maritime Center that will upgrade and centralize Harbormaster Department operations at Island Wharf.
Added to $1,603,000 in previously awarded grant funding from the state's Seaport Economic Council and $700,000 via a prior Town Meeting appropriation, Monday night's action brings the funding total to $3,505,688, the estimated construction and equipping cost of the new harbormaster headquarters.
Despite the selling point that the funding source for the authorized borrowing will be the town's Waterways Account, which is funded by harbor-related fees, some taxpayers raised questions about the funding.
First to the microphone was Dr. Ed Hoffer, who noted that Article S1 of the Town Meeting Warrant acknowledged that the Town of Marion will be generally obligated. He questioned cost overruns common to large projects.
Planning Board member Eileen Marum, who has spoken in public meetings in favor of having the harbormaster work out of a trailer that could be removed at the threat of a storm, cited concerns for the safety of the department's staff and suggested that no design at the required 23.5 feet of elevation can withstand storms anticipated amidst climate change.
Jon Henry argued against Marum's point, tracing the underpinnings of the current, 40-year-old office to the federal Works Progress Administration construction of 90 years ago. He said that if the existing building hasn't blown away by now, there is no reason to worry about a state-of-the-art construction at the site.
Henry's comments drew applause.
"We have the money," he said, reminding the town he served four terms as a Select Board member (Henry now serves on the Planning Board.) "I don't think we have to worry about some slight of hand. It's time to do our part."
Noting that the project is more expensive than his 12-room, Hiller Street house with a view of Island Wharf, Gordon Goodwin, who served 13 years on the Marine Resources Commission, said the elevator in the plan is certain to rust and suggested Marion find better ways to spend the money.
William Washburn then confirmed with Town Administrator Geoff Gorman that further delay, including redesign, would result in forfeiture of SEC grant funding. Washburn admitted that he had been skeptical about the project but said Marion will need it later and if the town doesn't act now, the same opportunities will not be there to revisit the matter.
"I'm out there every day," said resident Doug Thackeray of the harbor. "If you want the best help, you give them the best equipment." Citing irresponsible behavior in the crowded harbor, Jeff Dickerson also spoke in favor of supporting the harbor police, drawing applause.
Approaching 30 years on the MRC, Chairman Vin Malkoski told attendees that while the Maritime Center is a larger project, the town used the same funding method to perform other key upgrades in town, including Old Landing.
Attendees seeking revisions were reminded that the project went before voters at a prior Town Meeting and was sent back for revisions; the result is a footprint shrunken down to approximately 1,700 square feet, along with the elimination of an ADA-compliant ramp in favor of what Facilities Manager and in-house project manager Shaun Cormier described as "a lift" rather than an elevator.
Gorman explained that the device is needed to comply with the Americans with Disabilities Act, and the meeting room in the new office is required for public access in accordance with the stipulations of the SEC (state) grant.
"We knew the opposition was going to be there with certain people. They've been vocal in the public about the project. Not that their concerns aren't validated, I just think the lack of education and them coming to look for the answers, I wish they would have come down to us, and we could have walked them through it," said Harbormaster Adam Murphy. "I think the townspeople showed up tonight. You saw several people leave after the very first article. That spoke to the community and to the support that we do have.
"For that, we're excited. It's been a three-year project, and I'm just glad that we've come to the final stages, and we were able to push it through."
By Tuesday morning, the town was to inform the low bidder for construction of the project (Marion-based South Coast Improvement Company) of the vote supporting the funding, after which Cormier, Murphy and Chief of Police Richard Nighelli would schedule a preconstruction meeting with the builder. Construction is anticipated to take from nine months to one year.
Since Isaac Perry's early-summer departure to become Mattapoisett's harbormaster, Murphy and Nighelli have worked together to promote the project to residents.
"Not that there's no validity in what the harbormaster says, but when you get the backing of the police chief and the support of the police chief, you get a little bit more push. People trust the police chief, his credibility and understand from a public-safety aspect the importance of it," said Murphy.
Upon the vote, approximately 25% of voters left the meeting.
Of the warrant's 11 other articles, 10 carried, but two articles brought critical reactions from members of the Planning Board.
Article 9, which would have tweaked the existing bylaw for beaches and public property to require dog owners to "have a means" to clean up after their pets, was postponed indefinitely. Since the last Select Board meeting, Chairman Toby Burr apparently swayed at least one of the other two members toward his view that a dog-bag bylaw won't have any more teeth than the present bylaw simply requiring that owners clean up after their dogs.
Planning Board member Andrew Daniel took the occasion to bring to Town Meeting floor his concerns about bylaw process, specifically the dissolution of the Bylaw Codification Committee from its prior position as a subcommittee reporting to the Planning Board and recreation as a subcommittee reporting to the Select Board.
"It seems like kind of a shady deal," said Daniel, alluding to the coincidental power shift on the Planning Board that came with the 2023 Town Election.
Article 8 requires that a citizens' petition must be submitted 60 days before Town Meeting, but the Select Board would have the right to waive the requirement.
The article carried but not before Tucker Burr, chairman of the Planning Board (and son of Select Board Chairman Toby Burr), publicly took issue with what he considers a "two-tiered system" that allows the Select Board to add articles after the warrant is closed to the public.
"It's our meeting," he said, suggesting that the Select Board should have no Town Meeting rights unavailable to every Marion voter.
Gorman explained that the law was not being altered, only that language was being added so citizens understand the existing policy.
Article 2 transferred $75,000 from the group insurance account, $10,000 from Water Department retained earnings and $15,000 from Sewer Department retained earnings to support the Collective Bargaining Agreement and a 3% cost-of-living adjustment in pay for nonunion employees.
Article 3 transferred the $30,864.97 that Marion has received to date in the opioid manufacturers' class-action lawsuit to create an Opioid Remediation Fund to be used by Finance Committee, Police Department and the Board of Health. As part of a statewide distribution to municipalities, Marion receives between $3,000 and $5,000 per month.
Article 4 appropriated $56,907 for Fire Stations 1 and 2 communication systems. Article 5 appropriated $12,000 for new audio/visual equipment for the Town House. As requested by the town clerk, Article 6 approved new requirements for swearing in that match Massachusetts general laws. Article 7, a repeat from 2022, combined wiring, gas and electric into one article in the Marion bylaw. Articles 10-12 corrected clerical mistakes in existing regulations.
Attending her final Town Meeting, retiring Finance Director Judy Mooney was recognized by Gorman with a bouquet of flowers and received a standing ovation for her 20 years of service to Marion. Attending her first Town Meeting in the role of new finance director was Heather O'Brien.
The next meeting of the Marion Select Board is scheduled for Tuesday, November 7, at 6:00 pm at the Police Station.