TOWN OF FALMOUTH, MASSACHUSETTS

ARTICLE 1: To see if the Town will vote to appropriate One Thousand Two Hundred Three Dollars and 28/100 ($1,203.28) for the purpose of paying unpaid bills from a prior fiscal year, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,203.28 from Certified Free Cash for the purposes of Article 1 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Bills for items purchased or services performed during one fiscal year cannot be paid in another fiscal year without Town Meeting approval.

ARTICLE 2: To see if the Town will vote to amend the official zoning map by rezoning from Single Residence A to Public Use the land shown on Falmouth Assessors Map 33, Section 14, Parcel 1A, Lot 000B containing 3,363 square feet more or less, and the land shown on Falmouth Assessors Map 33, Section 14, Parcel 1, Lot 000 for a distance of 300 feet from the layout of Davisville Road, containing 60,000 square feet more or less also shown as the property located at 67 Davisville Road and depicted on a map entitled "Map of Proposed Rezoning, 67 Davisville Road" appearing in the Map Section of the Fall Annual Town Meeting warrant. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Planning Board): That the town vote Article 2 as printed in the warrant.

EXPLANATION: This change is consistent with rezoning of town land for public purposes.

ARTICLE 3: To see if the Town will vote to amend Section 1 of Chapter 208 - Trailers - of the Code of Falmouth by deleting the words:"or to be stored or parked in a residential district, except by permission of the Selectmen after a public hearing" and inserting the words:" except as provided by ¶240-160.A. - Temporary and Conditional Structures and Uses - of the Zoning Bylaw so as to read:

"The Town of Falmouth does hereby restrict the use of trailers within the town limits by requiring that no house trailer shall be permitted to be used for habitation, except as provided by ¶240-160.A. Temporary and Conditional Structures and Uses - of the Zoning Bylaw."

Or do or take any other action on this matter. On request of the Board of Selectmen

RECOMMENDATION (Board of Selectmen): That the Town vote Article 3 as printed.

EXPLANATION: This bylaw amendment places regulation of trailers under the Building Commissioner through the Zoning Bylaw.

ARTICLE 4: To see if the Town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding the following:

House Trailer: a non-motorized vehicle originally designed or permanently altered and equipped for human habitation which is not used to transport property other than property used for human habitation or camping purposes.

Motor Home: An automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home.

Travel Trailer and Fifth Wheel Trailer: A non-motorized vehicle designed to be towed by a car or truck generally having cooking, sleeping living and bathroom facilities within.

RECOMMENDATION (Planning Board): That the town vote Article 4 as printed in the warrant

EXPLANATION: This Article defines certain recreation vehicles then requires these vehicles to maintain setback restrictions when parked outside. Recreational vehicles which cannot meet the setback requirements and commercial vehicles over 13,000 pounds gross vehicle weight will require a special permit from the Board of Appeals to be parked outside.

ARTICLE 5: To see if the Town will vote to amend Sections 240-23, 240-28, and 240-38 of the Zoning Bylaw by deleting the words, "or any vehicle which has a gross vehicle weight in excess of 10,000 pounds,"and inserting the words, "any commercial vehicle which has a gross vehicle weight in excess of 15,000 pounds,"or do or take any action on this matter. On request of Richard R. Paine.

RECOMMENDATION (Planning Board): The Planning Board will make its recommendation on Town Meeting floor.

EXPLANATION: The Planning Board's recommendation is contingent on the outcome of Article 4, which addresses the same subject matter as this petitioner's article. If Article 4 passes then this article will not be necessary. If Article 4 does not pass then the Planning Board will have a recommendation ready.

ARTICLE 6: To see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth to rezone from single residence C to Agricultural A the land shown on Falmouth Assessors map 28, Section 07, Parcel 15, Lot 2A located at 75 Old Meeting House Road, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 016, Lot 6C, located at 69 Old Meeting House Road, consisting of a total of 7.72 acres, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 20, Lot 000, located northerly of Pires Way, consisting of 5.02 acres, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 14, Lot 003, located at 81 Old Meeting House Road, consisting of 5.9 acres, and the Single Residence C portion of the land shown on Falmouth Assessors Map 33, Section 20, Parcel 001, Lot 000, located at 450 East Falmouth Highway. On request of Robert H. Ament and others.

RECOMMENDATION (Planning Board): That the Town vote to amend the Official Zoning Map of the Town of Falmouth to rezone from single residence C to Agricultural A the land shown on Falmouth Assessors map 28, Section 07, Parcel 15, Lot 2A located at 75 Old Meeting House Road, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 016, Lot 6C, located at 69 Old Meeting House Road, consisting of a total of 7.72 acres, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 20, Lot 000, located northerly of Pires Way, consisting of 5.02 acres, and the land shown on Falmouth Assessors Map 28, Section 07, Parcel 14, Lot 003, located at 81 Old Meeting House Road, consisting of 5.9 acres, and the land shown on Falmouth Assessors Map 33, Section 20, Parcel 001, Lot 000, located at 450 East Falmouth Highway, except that portion located southerly of a line running 240 feet from the northwest corner of land shown on Falmouth Assessors Map 28, Section 07, Parcel 20A, Lot 000, located at 61 Pires Way, to the southeast corner of land shown on Falmouth Assessors Map 28, Section 07, Parcel 016, Lot 6C, located at 69 Old Meetinghouse Road, consisting of 1.4 acres. The total area to be rezoned is 20.04 acres.

RECOMMENDATION (Planning Board): The Planning Board will make its recommendation on Town Meeting floor.

EXPLANATION: After the close of the warrant, the Planning Board received notice that an article similar to this one was disapproved by the Attorney General as inconsistent with the State Zoning Act. At the time of publication of the warrant, the Planning Board was still reviewing this matter with Town Counsel and the Attorney General to determine if any changes to this article would be necessary.

ARTICLE 9: To see if the town will vote to amend the Official Zoning Map and rezone from Residential C to Public Use the land shown on Falmouth Assessor's Map 47B, Section 1, Parcel 016A, Lot 000B, containing 10,300 square feet of land more or less also shown as the property located at 17 King Street on a map entitled "Map of Proposed Rezoning, 17 King Street, appearing in the Map Section of the Fall 2000 Annual Town Meeting warrant.

Or do or take any other action on this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the town vote Article 9 as printed in the warrant

EXPLANATION: This change is necessary to accommodate the setback requirements for the proposed addition to Fire Headquarters.

ARTICLE 10: To see if the Town will vote to amend the accessory apartment by law sections #240-231 and 240-381 as follows:

(1)

Delete section (I) and change to read: one accessory apartment per lot, providing the dwelling has been in existence for at least five (5) years prior to the owner' s application and under the following standards and requirements and

(2)

Delete line #4 and change to read: if the subject lot is within a water resource protection District (Article XV), an accessory unit will not be allowed unless the entire dwelling is on the Town sewer or a Department of Environmental Protection approved innovative denitrifying septic system is provided for the entire dwelling in which case the square footage of lot area required for each bedroom would be reduced from the 13,500 minimum to a smaller area proportionate to the amount of nitrogen reduction achieved, but, in no case less than 50%. Or do or take any other action on this matter. On request of Dean A. Ayres and others.

RECOMMENDATION (Planning Board): Indefinite Postponement.

EXPLANATION: The Planning Board believes in the intent of this article. However, the Planning Board believes this article should return to a future Town Meeting in order to tie in an affordable housing component to any increase in density. The Board is willing to work with the petitioner and the affordable housing community to make these changes for the next Town Meeting.

ARTICLE 11: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN, temporary construction easements of two-year duration, to enter upon land abutting the Main Street Fire Rescue Department Headquarters property for purposes of facilitating construction of a new addition to the headquarters building, including the removal of trees, if necessary. The temporary construction easements shall be ten feet (10') in width and shall be parallel to and adjacent to the boundary lines with the following properties:

a)

Property at 419 Main Street, now or formerly owned by New Bedford Bargain Store, Inc., and shown on Falmouth Assessors Map 47B-01-016-000A;

b)

Property at 25 King Street, now or formerly owned by Peter M. Donahue, and shown on Falmouth Assessors Map 47B-01-017-000;

c)

Property at 27 King Street, now or formerly owned by Peter M. Donahue, and shown on Falmouth Assessors Map 47B-01-034-000;

d)

Property at 26 Shore Street, now or formerly owned by Edmund R. Plunkett, and shown on Falmouth Assessors Map 47B-01-033-001U;

e)

Property at 363 Main Street, now or formerly owned by Thornton Drive Limited Partnership, and shown on Falmouth Assessors Map 47B-01-014-000.

And further, to appropriate a sum of money for the acquisition of the foregoing easements, including costs and expenses incidental and related thereto, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting Floor.

EXPLANATION: All negotiations were not completed when the Warrant Booklet was printed.

ARTICLE 12: To see if the Town will vote to accept the doings of the Board of Selectmen in the laying out of Parker Mill Road for a length of 500 feet according to a plan to be filed with the Town Clerk for taking as a public way. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 12 as printed.

EXPLANATION: Approval of this article will allow the use of this way as access to a gravel operation, and eliminate the use of Pitch Pine Way by large tractor trailer trucks. Costs for road improvement will be paid by the gravel operation contractor.

ARTICLE 13: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Commonwealth of Massachusetts pursuant to Section 2 of Chapter 293 of the Acts of 1998, The Cape Cod Open Space Land Acquisition Program, for purposes of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided either in Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of either the Conservation Commission or the Board of Selectmen as specified and being described as follows:

A.

Land owned now or formerly by Raymond and Rosa Aucoin, consisting of a single parcel totaling 3.1 acres, more or less, minus a 1.1 acre portion containing the seller's residence and outbuildings, located off Gifford Street Extension, as shown on Assessors' Map 26, Section 01, Parcel 015, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds on August 1, 1962, in book 1169, Page 274. For purposes of recreational use under the jurisdiction of the Falmouth School Committee and the Board of Selectmen.

B.

Land owned now or formerly by Antone De Souza, Trustee of the De Souza Family Trust, consisting of a single parcel totaling 10.41 acres, more or less, located off Waquoit Highway, as shown on Assessors' Map 30, Section 04, Parcel 005, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds on August 8, 1983, in Book 3823, Page 92. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

C.

Land owned now or formerly by Etta Hanson-Powell, consisting of a single parcel totaling 8.3 acres more or less, minus at least a 1 acre portion containing the seller's residence and outbuildings, located off Central Avenue, as shown on Assessors' Map 34, Section 03, Parcel 004, Lot 001, and further described in a deed recorded at the Barnstable County Registry of Deeds on April 13, 1981 in Book 3268 Page 183. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

D.

Land owned now or formerly by Cape & Islands Seafoods, Inc., consisting of a single parcel totaling 67.3 acres, more or less, located off Blacksmith Shop Road, as shown on Assessors' Map 22, Section 02, Parcel 002, Lot 001 and further described in a deed recorded at the Barnstable Registry of Deeds on September 7, 1988 in Book 6427 Page 297. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

E.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 6.94 acres, more or less, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 004, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

F.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 3.2 acres, more or less, minus a 1.12 acre portion containing a residence, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 005, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

G.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 6.85 acres, more or less, minus a 1.04 acre portion containing a residence and outbuildings, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 006, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

H.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 9.5 acres, more or less, located on Brick Kiln Road, as shown on Assessors' Map 27, Section 04, Parcel 002, Lot 000 and further described in a deed recorded at the Barnstable County Registry of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Selectmen.

I.

Land owned now or formerly by Paulino P. and Elizabeth M. Rodriques, consisting of a single parcel totaling 20.3 acres more or less, located off Old Waquoit Road, as shown on Assessors Map 28, Section 08, Parcel 028, Lot 000A, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 10471, Page 128. For purposes of open space and conservation, under the Jurisdiction of the Conservation Commission.

J.

Land owned now or formerly by David Wald and William Fender, Trustees of DWWF Realty Trust, consisting of approximately 51.3 acres, more or less, located off Thomas Landers Road, as shown on: Assessors' Map 16, Section 05, Parcel 005, Lots 001 through 007; Lots 1 through 20; Assessors' Map 17, Section 01, Parcel 001, Lots 016 through 020; Assessors' Map 21, Section 21, Parcel 001, Lots 008 through 015 and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 13088, Pages 163-164 as shown on a Plan of Land recorded at the Barnstable County Registry of Deeds in Plan Book 381, Page 56; and, as shown on Assessors' Map 16, Section 05 Parcel 005, Lot 000 further described in a deed recorded at the Barnstable County Registry of Deeds in Book 13088, pages 163-164 as shown on a Plan of Land Recorded at the Barnstable County Registry of Deeds in Plan Book 446, Page 62. For purposes of conservation and recreational use under the Jurisdiction of the Selectmen and the Conservation Commission.

K.

Land owned now or formerly by Donald K. and Karen Morin, located off Turner Road, consisting of a single parcel totaling 17.92 acres, more or less, as shown on Assessors' Map 21, Section 05, Parcel 05, Lot 000A and described in a deed recorded at the Barnstable County Registry of Deed in Book 10305, Page 29, excluding, however, 6 lots to be approved including a house and lot consisting of a total of 9.92 acres, for the purposes of open space and conservation, under the Jurisdiction of the Conservation Commission.

L.

Land owned now or formerly by CLSV Limited Partnership, consisting of approximately 148.31 acres, located off Nathan Ellis Highway, Route 151, as shown on Assessors' Map 16, Section 05, Parcel 005, Lots 000-007; Map 17, Section 01, Parcel 001, Lots 016-020; and Map 21, Section 06, Parcel 001, Lots 008-015.

Parcel 1. That certain parcel of land in Falmouth Bounded as follows:

Northerly by land now or formerly of CLSV Associates Limited Partnership being Open Space Parcel XVII, Parcel I, Open Space Parcel XVI, By the sideline of Highwood Lane, by Open Space Parcel XVII, and by lot 127, lot 126, lot 123, lot 122, lot 121, by Parcel G, by lot 120, lot 119, lot 118, lot 116, lot 115, lot 114, lot 113 and lot 112 (said lots and Open Space Parcels are shown on Plan Book 414 Pages 172-185); bounded

Easterly by land of the Town of Falmouth and by land now or formerly of Inta A. Baird; bounded

Southerly by the land of the Town of Falmouth and by land of Fairway Pointe Associates Limited Partnership I; bounded

Westerly by Route 28.

Containing 123.36 acres, more or less, and being Assessors Parcel 16 02 007. Said parcel was acquired by CLSV Associates Limited Partnership by deed in Book 8944 page 170.

Excluding any rights in Highwood Lane and Parcels G and I.

Parcel 2. That certain parcel of land in Falmouth bounded as follows:

Northerly by land now or formerly of CLSV Associates Limited Partnership, (being the first parcel described above); bounded

Easterly by land of the Town of Falmouth; bounded

Southerly by the land of the Town of Falmouth; bounded

Westerly by Route 28.

Containing 21.50 acres, more or less, and being Assessors Parcel 15 03 015. Said parcel was acquired by Fairway Pointe Associates Limited Partnership I by deed in Book 10602 page 162. Said parcel is shown on a plan entitled "Plan of Land in Falmouth, Mass. Prepared for Albert S. Dias Scale: 1"= 80' Date: January 14, 1994 by Stephen J. Doyle and Associates recorded in Plan 500 Page 18. For purposes of open space and conservation under the Jurisdiction of the Conservation Commission.

and further to authorize the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in any agreement and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursements of the cost of acquisition and to determine how the same shall be raised, including appropriation from the Land Bank Fund or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7 (3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Selectmen are hereby authorized to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Commonwealth of Massachusetts pursuant to Section 2 of Chapter 293 of the Acts of 1998, The Cape Cod Open Space Land Acquisition Program, for purposes of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided either in Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of either the Conservation Commission or the Board of Selectmen as specified and being described as follows:

A.

Land owned now or formerly by Raymond and Rosa Aucoin, consisting of a single parcel totaling 3.1 acres, more or less, minus a 1.1 acre portion containing the seller's residence and outbuildings, located off Gifford Street Extension, as shown on Assessors' Map 26, Section 01, Parcel 015, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds on August 1, 1962, in book 1169, Page 274. For purposes of recreational use under the jurisdiction of the Falmouth School Committee and the Board of Selectmen.

B.

Land owned now or formerly by Antone De Souza, Trustee of the De Souza Family Trust, consisting of a single parcel totaling 10.41 acres, more or less, located off Waquoit Highway, as shown on Assessors' Map 30, Section 04, Parcel 005, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds on August 8, 1983, in Book 3823, Page 92. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

C.

Land owned now or formerly by Etta Hanson-Powell, consisting of two parcels totaling 8.3 acres more or less, minus at least a 1 acre portion containing the seller's residence and outbuildings, located off Central Avenue, as shown on Assessors' Map 32, Section 03, Parcel 004, Lot 000, and Map 32, section 03, Parcel 003, Lot 000 and further described in a deed recorded at the Barnstable County Registry of Deeds on April 13, 1981 in Book 3268 Page 183. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

D.

Land owned now or formerly by Cape & Islands Seafoods, Inc., consisting of a single parcel totaling 67.3 acres, more or less, located off Blacksmith Shop Road, as shown on Assessors' Map 22, Section 02, Parcel 002, Lot 001 and further described in a deed recorded at the Barnstable Registry of Deeds on September 7, 1988 in Book 6427 Page 297. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission.

E.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 6.94 acres, more or less, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 004, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

F.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 3.2 acres, more or less, minus a 1.12 acre portion containing a residence, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 005, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

G.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 6.85 acres, more or less, minus a 1.04 acre portion containing a residence and outbuildings, located on Sandwich Road, as shown on Assessors' Map 27, Section 04, Parcel 006, Lot 000 and further described in a deed recorded at the Barnstable County of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Board of Selectmen.

H.

Land owned now or formerly by Blackwatch LLC, consisting of a single parcel totaling 9.5 acres, more or less, located on Brick Kiln Road, as shown on Assessors' Map 27, Section 04, Parcel 002, Lot 000 and further described in a deed recorded at the Barnstable County Registry of Deeds on April 24, 2000 in Book 12963 Page 316. For purposes of recreational use, under the Jurisdiction of the Selectmen.

I.

Land owned now or formerly by Paulino P. and Elizabeth M. Rodriques, consisting of a single parcel totaling 20.3 acres more or less, located off Old Waquoit Road, as shown on Assessors Map 28, Section 08, Parcel 028, Lot 028A, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 10471, Page 128. For purposes of open space and conservation, under the Jurisdiction of the Conservation Commission.

And, further the sum of $2,401,300 is appropriated to pay for the acquisition of the aforementioned property, including costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to expend money from the Land Bank Fund and is further authorized to borrow part or all of said sum under and pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor; and, the Board of Selectmen is hereby authorized and directed to accept any gifts of property, real, personal or otherwise, in connection with the acquisition of the aforesaid property and to enter into any agreements and execute any and all documents incidental and related thereto.

EXPLANATION: The above parcels of land are presented for purchase to add to the Town's open space, conservation and recreation areas. It should be noted that there are several differences in the Assessors map numbers as they appear in the original article and in the recommendation. The most recent map numbers are used in the recommendation for accuracy.

ARTICLE 14: To see if the Town will vote to appropriate One Thousand Eight Hundred Seventy-eight Dollars and 20/100 ($1,878.20) for the purpose of paying costs of living increases (COLAs) to the Non Contributory Retirees of the Town of Falmouth. This amount takes care of the provision contained within the State Budget for Fiscal Year 2001 that grants retroactive increases to these types of retirees for the additional rate of 1.7%, back to July 1, 1999 through June 30, 2000. To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,878.20 from Certified Free Cash for the purposes of Article 14 to be expended under the jurisdiction of the Retirement Board.

EXPLANATION: The November 1999 Annual Town Meeting approved Chapter 17 of the Acts of 1997, which set the formula for COLAs at 3%. This article funds the increase for Fiscal Year 2000 and completes the process of putting this change into effect.

ARTICLE 15: To see if the Town will vote to authorize the Board of Selectmen to apply to the Massachusetts Water Pollution Abatement Trust established under Chapter 29C of the General Laws, or any other federal or state agency, for a grant or loan in connection with financing Five Hundred Thousand Dollars ($500,000) for the purpose of funding a pilot study of effluent mitigation measures at the Waste Water Treatment Facility. And, further that the Town rescinds its approval of Article 25 of the April 2000 Annual Town Meeting. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town hereby authorizes the Board of Selectmen to apply to the Massachusetts Water Pollution Abatement Trust established under Chapter 29C of the General Laws, or any other federal or state agency, for a grant or loan in connection with financing Five Hundred Thousand Dollars ($500,000) for the purpose of funding a pilot study of effluent mitigation measures at the Waste Water Treatment Facility; that the sum of Five Hundred Dollars ($500,000) is hereby appropriated for such purpose, and for costs incidental and related thereto; that to raise said appropriation, the Treasurer with the approval of the Board of Selectmen, is hereby authorized to borrow Five Hundred Thousand Dollars ($500,000), under and pursuant to Chapter 29C of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor; and further that the vote of the Town under Article 25 of the Warrant at the April 2000 Annual Town Meeting is hereby rescinded.

EXPLANATION: This study will be in substitution for the deep well injection pilot study approved at the April 2000 Town Meeting. Information from studies in other towns became available after that vote. This information indicates that this technology may not be suited to the Cape's geology. Article 15 as proposed will allow the Town to investigate other alternatives for the disposal of treated wastewater both at the Waste Water Treatment Facility and at other locations.

ARTICLE 16: To see if the Town will vote to appropriate Three Hundred Thousand Dollars ($300,000) for the purpose of maintaining the Town's roads, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $300,000 from Certified Free Cash for the purposes of Article 16 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Each year the Capital Improvement Plan contains funding for routine maintenance of the Town' s 200 miles of roads.

ARTICLE 17: To see if the Town will vote to appropriate One Hundred Fifty Thousand Dollars ($150,000) for the purpose of maintaining the Town's sidewalks and bridges, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from Certified Free Cash for the purposes of Article 17 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The routine maintenance of sidewalks and bridges is considered each year in the Capital Improvement Plan.

ARTICLE 18: To see if the Town will vote to appropriate Three Hundred Thirty Thousand Dollars ($330,000) for the purchase of DPW vehicles and equipment, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $330,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the following equipment:

EXPLANATION: This is the FY '01 portion of the Capital Improvement Plan for the replacement of Department of Public Works vehicles and equipment. The items in this article total $381,000, however there are some remaining funds in the FY 2000 Capital Improvement Program article.

ARTICLE 19: To see if the Town will vote to appropriate Twenty-seven Thousand Five Hundred Dollars ($27,500) for the maintenance of Town buildings, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the Town vote to transfer $27,500 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 19.

EXPLANATION: Several maintenance projects are need in Town Hall. One of these is to study the air quality on the third floor. This is necessary to comply with OSHA requirements.

ARTICLE 20: To see if the Town will vote to appropriate Eighty Thousand Dollars ($80,000) for the purchase of meters and hydrants, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $80,000 from Certified Free Cash for the purposes of Article 20 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Hydrants that do not operate properly must be replaced for safety reasons. Old meters must be replaced, as they do not correctly register water consumption resulting in loss of revenue.

ARTICLE 21: To see if the Town will vote to appropriate Seventy Thousand Dollars ($70,000) for the purpose of stormwater/drainage repair, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $70,000 from Certified Free Cash for the purposes of Article 21 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The November 1997 Annual Town Meeting established the Coastal Drainage Program to correct the problem of runoff from Town roads into coastal ponds. A portion of the expense is reimbursed by the Department of Environmental Protection.

ARTICLE 22: To see if the Town will vote to appropriate Four Hundred Thousand Dollars ($400,000) for the purpose of accepting and reconstructing private ways, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $400,000 from Certified Free Cash for the purposes of Article 22 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Town is continually requested to accept private ways. Reconstruction on these roads will be done under the Betterment Act, which provides for 100% reimbursement to the Town.

ARTICLE 23: To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000) to construct a second Goodwill Park Pavilion, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash for the purposes of Article 23 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Goodwill Park is heavily used during the summer months and there are many requests for use of the pavilion and there is a need for a second one.

ARTICLE 24: To see if the Town will vote to appropriate Seventy-five Thousand Dollars ($75,000) for the purpose of replacing the radio base station at the Police Station, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $75,000 from Certified Free Cash for the purposes of Article 24 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The current base station was installed in 1986 at the time of the building addition and interior modification. Parts for the system are now becoming harder to find when needed and the system is requiring more frequent repairs, some being major in nature.

ARTICLE 25: To see if the Town will vote to appropriate Thirty Thousand Dollars ($30,000) for the purpose of building maintenance of the Fire Department buildings, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $30,000 from Certified Free Cash for the purposes of Article 25 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: This funding continues the process of doing necessary maintenance in the Fire Department's six buildings. The maintenance plan that has been in the Capital Improvement Program has resulted in long-needed preventative maintenance.

ARTICLE 26: To see if the Town will vote to appropriate Ninety-five Thousand Dollars ($95,000) for the purchase of EKG/telemetry equipment for the Fire Department, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $95,000 from Certified Free Cash for the purposes of Article 26 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The purchase of this equipment assists the Fire/Rescue Department in its goal to provide cardiac patients with the latest technology in pre-hospital care. Rescue personnel will be better able to detect, anticipate associated potential complications, and implement treatment accordingly.

ARTICLE 27: To see if the Town will vote to appropriate Ninety-five Thousand Dollars ($95,000) to continue GIS development, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $95,000 from Certified Free Cash for the purposes of Article 27 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: This article funds the continuing five year GIS Capital Improvement Plan and will be used to compile digital topography and complete adjustments to the Assessors maps.

ARTICLE 28: To see if the Town will vote to appropriate Fifteen Thousand Dollars ($15,000) for PC and printer upgrades, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash for the purposes of Article 28 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Equipment will be purchased for the Assessing Department, for inspection services and for miscellaneous personal computer upgrades.

ARTICLE 29: To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000) to improve local area networking within Town buildings, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash for the purposes of Article 29 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Equipment and wiring within Town buildings is needed to upgrade and improve our networking systems.

ARTICLE 30: To see if the Town will vote to appropriate Twenty-seven Thousand Dollars ($27,000) for the reconstruction of the deck at the Menauhant Beach House, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Beach Committee wishes to reconsider this purchase.

ARTICLE 31: To see if the Town will vote to appropriate Twenty-three Thousand Dollars ($23,000) for the purchase of a vehicle for the Beach Department, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $23,000 from Certified Free Cash for the purposes of Article 31 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Beach Committee is in need of a replacement pickup truck, as employees must travel to the Town-owned beaches.

ARTICLE 32: To see if the Town will vote to appropriate Fifteen Thousand Dollars ($15,000) for the replacement of a wooden retaining barrier at Chapoquoit Beach, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 32.

EXPLANATION: The retaining wall is in poor condition and must be repaired.

ARTICLE 33: To see if the Town will vote to appropriate Twenty Thousand Dollars ($20,000) for the purchase of furnishings for the Conservation Department, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash for the purposes of Article 33 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Conservation Department has been working in very small quarters with very little equipment for several years. When the Town Hall addition is finished, the department will move into a new office and conference room and it will be necessary to furnish these areas.

ARTICLE 34: To see if the Town will vote to appropriate Sixty-five Thousand Dollars ($65,000) for the renovations and space redesign of the Children's Department of the Library, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $65,000 from Certified Free Cash for the purposes of Article 34 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Children's Department will be redesigned to use the existing space more efficiently and will make the area safer for the children by separating them from the more public spaces.

ARTICLE 35: To see if the Town will vote to appropriate Twenty-five Thousand Dollars ($25,000) for facility maintenance of the Recreation Building, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $25,000 from Certified Free Cash for the purposes of Article 35 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Flooring will be replaced in the first floor conference room and the second floor meeting room and repairs will be made to the gym roof.

ARTICLE 36: To see if the Town will vote to appropriate Twenty-four Thousand Dollars ($24,000) for the replacement of the animal control van, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $24,000 from Certified Free Cash for the purposes of Article 36 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The vehicle to be replaced is a 1994 Ford Aerostar with 135,000 miles on it. This replacement has been scheduled in the Capital Improvement Program. The price estimate is from the State contract for a heavy-duty commercial van with built in cages.

ARTICLE 37: To see if the Town will vote to appropriate Seventy-five Thousand Dollars ($75,000) for the maintenance of School Department buildings and the replacement of a vehicle, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $75,000 from Certified Free Cash for the purposes of Article 37 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The School Department will use these funds for the ongoing capital maintenance plan to continue projects to replace carpeting and tiles, doors and locks and to replace a pickup truck for the maintenance department.

ARTICLE 38: To see if the Town will vote to appropriate Twelve Thousand Five Hundred Dollars ($12,500) for the purchase of radar and electronic equipment for the Harbor Master Department, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $12,500 from Certified Free Cash for the purposes of Article 38 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION; A replacement marine radar and chart plotter for the main patrol boat will be purchased. In addition, a new fixed mounted police/fire department radio will be added to this boat. The current radar and chart plotter were installed on the patrol boat at least eight years ago and need updating.

ARTICLE 39: To see if the Town will vote to appropriate Sixteen Thousand Dollars ($16,000) for the replacement of a forklift in the Harbor Master Department, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $16,000 from Certified Free Cash for the purposes of Article 39 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The forklift is used extensively to lift heavy items such as boats, floats, dock material, anchors, aids to navigation and engines. The forklift being replaced is approximately 45 years old and is no longer cost effective to keep running.

ARTICLE 40: To see if the Town will vote to appropriate $100,000 for the construction of a handicapped access playground at the Teaticket School and $10,000 to make the proposed playground at the North Falmouth School handicapped accessible for a total of One Hundred Ten Thousand Dollars ($110,000), to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $90,000 from Certified Free Cash for the purposes of Article 40 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Commission on Disabilities has presented a proposal to construct a playground at the Teaticket School that would be accessible to all handicapped individuals. The Finance Committee agrees it is time for the Town to build it. The Commission on Disabilities believes that $90,000 is sufficient to complete the job. There were no definite plans available for the use of the $10,000 for the North Falmouth School. This could be presented by the Commission on Disabilities in a future Town Meeting article.

ARTICLE 41: To see if the Town will vote to consolidate all the appropriations previously approved for Article 16 through Article 40 and transfer the same to the FY 2001 Capital Improvement Fund. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 41 as printed.

EXPLANATION: Articles 16 through 40 are the Fiscal Year 2001 portion of the Capital Improvements Plan which is an ongoing system that is submitted by the Town Administrator as required by the Charter. It appears in every Fall Annual Town Meeting for consideration. The Town Administrator works with the Department Administrators to keep the program current and, also, to allow for changes that must be made. This program is vitally necessary for the upkeep of our facilities and for the routine replacement of vehicles and equipment to avoid costly deterioration and the inefficiencies of inoperation. By consolidating these articles to be expended under the jurisdiction of the Board of Selectmen, the Capital Improvement Plan will continue to be administered as it has since 1992.

ARTICLE 42: To see if the Town will vote to approve the Project Certification Application submitted by Cape Cod Printing for the expansion of its facility proposed in the Falmouth Technology Park Economic Opportunity Area, Assessor's parcel 15 04 027A031. The form of this agreement has been submitted to this Town Meeting. This approval shall confirm that the Project Certification Application is consistent with the Economic Opportunity Area (EOA) designation approved by servicing this EOA, and the project as described in the Project Certification Application, will increase employment opportunities for residents of Falmouth and Cape Cod. The Town requests that the project be designated as a certified project for a term not greater than sixteen (16) years. Or do or take any action relative thereto. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 42 as printed.

EXPLANATION: Approval of this requested Projection Certification Application allows the applicant, Cape Cod Printing, to obtain tax advantages on the local and state level with the expansion of its facility. The facility will be expanded by 7400 square feet and a minimum of two new employees will be hired.

ARTICLE 43: To see if the Town will vote to implement the following change in the Town's Classification Plan:

And, further, to approve creation of Budget 01150 - Legal Department as follows:

Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Board of Selectmen has voted to establish a new legal department to be part of the Fiscal Year 2002 budget and has stated its intent to approve two new positions. This entire matter will be before the April 2001 Annual Town Meeting and should be debated and decided upon at that time.

ARTICLE 44: To see if the Town will vote to appropriate One Thousand Two Hundred Ninety-eight Dollars ($1,298) for the purpose of implementing the following change in the Town's Position Classification Plan:

To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,298 from Certified Free Cash for the purposes of Article 44 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: The duties of this position have increased far beyond the original job description.

ARTICLE 45: To see if the Town will vote to implement the following change in the Town's Classification Plan:

Or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 45 as printed.

EXPLANATION: Approval of this article will allow for the marina to be kept open longer hours each day and provides additional dock assistance to boaters using the marina. No additional funding is needed for this article as there is sufficient funding in the current appropriation.

ARTICLE 46: To see if the Town will vote to appropriate Two Thousand Four Hundred Dollars ($2,400) for the purpose of implementing the following change in the Town's Position Classification Plan:

To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Harbor Master.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $2,400 from Certified Free Cash for the purposes of Article 46 to be expended under the jurisdiction of the Harbor Master.

EXPLANATION: Approval of this article will allow the Town to staff a new pump out boat purchased through a Federal grant from the Clean Vessel Act. The Town will receive 75% reimbursement for the salary expenditures for this position.

ARTICLE 47: To see if the Town will vote to implement the following change in the Town's Classification Plan effective July 1, 2001, and, further to appropriate Two Hundred Seventy-five Dollars ($275) to increase those salaries which will not meet the Minimum Wage Standard to be effective January 1, 2001.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $275 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 47.

EXPLANATION: In order to attract seasonal employees the Town must be able to offer competitive salaries. These increases will be effective July 1, 2001 with an increase of approximately $185,000, which will appear in the Spring Annual Town Meeting budget request. The reason this article appears in this Town Meeting is to set the salaries so that the Beach Committee will know what the rates will be when recruiting employees for next summer. The $275 will allow the Town to increase those positions that will not meet the Minimum Wage Law on January 1, 2001.

ARTICLE 48: To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 1998, as agreed to by the Town of Falmouth and the International Association of Firefighters, Local 1397 to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $275,000 from Certified Free Cash to be appropriately distributed by the Town Accountant for the purposes of Article 48.

EXPLANATION: This article funds settlement between the Firefighters Union and the Town completing the funding approved in Article 37 of the April 2000 Special Town Meeting.

ARTICLE 49: To see if the Town will vote to transfer One Hundred Five Thousand, Nine Hundred Fifty-five Dollars ($105,955) from the Land Bank Fund to be expended under the jurisdiction of the Treasurer for the purpose of paying interest on the loan authorized under Article 28 of the 1999 Annual Spring Town Meeting. Or do or take any other action in the matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote Article 49 as printed.

EXPLANATION: It is necessary for the Town Treasurer to pay interest on the land purchases approved in the above-mentioned article.

ARTICLE 50: To see if the Town will vote to transfer Fourteen Thousand Four Hundred Fifty-nine Dollars and 25/100 ($14,459.25) from Article 31, of the April 1995 Annual Town Meeting (Land Purchases) to a Land Bank Management Fund for the purpose of maintaining the Town's Open Spaces and to determine by whom these funds will be expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 50 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Town continues to purchase Open Spaces, but has made no provision for the care of these lands. Approval of this article will begin the process to explore how best to take care of them.

ARTICLE 51: To see if the Town will vote to appropriate a sum of money for the reconstruction of sections of the Wild Harbor Town bulkhead, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Wild Harbor bulkhead must be deferred to a future Town Meeting. As is evident in the next article, the Great Harbor Dock expenses are higher than anticipated and there are not sufficient funds in the Reserve/Waterways Appropriation Fund to do both projects. We must proceed with the Great Harbor Dock in order to be eligible to receive State funds.

ARTICLE 52: To see if the Town will vote to transfer One Hundred Eighteen Thousand Dollars ($118,000) from the Reserve/Waterways Appropriation fund for the purpose of funding the Town's share of the reconstruction of the Commercial Dock at Great Harbor Woods Hole to be expended under the jurisdiction of the Waterways Committee. Or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from the Reserve/Waterways Appropriation fund for the purposes of Article 52 to be expended under the jurisdiction of the Waterways Committee.

EXPLANATION: This article funds the Town' s portion of the anticipated cost of reconstruction of the Great Harbor Woods Hole Dock. The state will be funding 75% of the total reconstruction cost of this project.

ARTICLE 53: To see if the Town will vote to appropriate Nine Thousand Five Hundred Dollars ($9,500) for the purpose of funding Police Recruit Academy costs for new police officers, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Chief of Police.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $9,500 from Certified Free Cash to Budget Line 01210-57787 (Other charges - training) for the purposes of Article 53 to be expended under the jurisdiction of the Chief of Police.

EXPLANATION: As of July 1, 2000 the Massachusetts Criminal Justice Training Council requires that the Town pay $1,900 per new recruit prior to their attendance at the academy.

This funds the training of five new recruits to the department.

ARTICLE 54: To see if the Town will vote to appropriate Forty Thousand Dollars ($40,000) for the purpose of partial funding of the 2002 revaluation for the Town of Falmouth, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Assessors.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $40,000 from Certified Free Cash for the purposes of Article 54 to be expended under the jurisdiction of the Board of Assessors.

EXPLANATION: Funding must be approved to continue the preparation for the 2002 revaluation.

ARTICLE 55: To see if the Town will vote to approve a Conservation Restriction for the Peterson Farm, so-called, which was purchased by the Town of Falmouth in 1999 with general funds. The proposed Conservation Restriction would grant to The 300 Committee, Inc., and the Trustees of Reservation, their successors and assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the property for the purpose of insuring that the property be maintained predominantly in the natural, scenic and open condition and to prevent any use of the premises that will significantly impair or interfere with the conservation or historic values of the property. The Conservation Restriction is more fully set forth in a proposed document entitled "CONSERVATION RESTRICTION"by and between the Town of Falmouth and The 300 Committee, Inc. and the Trustees of Reservation, a copy of which has been filed with the Board of Selectmen. Copies of this document are at Town Hall and the Falmouth libraries.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 55 as printed.

EXPLANATION: The Board of Selectmen recommends that the Conservation Restriction be voted to protect the Peterson Farm property.

ARTICLE 56: To see if the Town will vote to appropriate of Five Thousand Dollars ($5,000) for the purpose of conservation land cleanup, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Conservation Commission.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,000 from Certified Free Cash for the purposes of Article 56 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Conservation Commission will use this funding to remove debris from the Peterson Farm.

ARTICLE 57: To see if the Town will vote to appropriate One Hundred Fifty Thousand Dollars ($150,000) for the purpose of preparing final construction plans and specifications for the addition and renovation of the Gifford Street Public Works Maintenance Facility, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from Certified Free Cash for the purposes of Article 57 to be expended under the jurisdiction of the Board of Selectmen acting as the Board of Public Works.

EXPLANATION: The addition and renovation of the Gifford Street Public Works Maintenance Facility has been planned for many years and has been included in the Capital Improvement Program.

ARTICLE 58: To see if the Town will vote to appropriate Three Hundred Nineteen Thousand Two Hundred Twenty-eight Dollars and 80/100 ($319,228.80) under Chapter 53 (B) of the Acts of 1999 and Three Hundred Nineteen Thousand Two Hundred Twenty-eight Dollars and 80/100 ($319,228.80) under Chapter 150 of the Acts of 2000 as the State's share of the work under Chapter 90, Section 34 (2a) of the Massachusetts General Laws and to authorize the Board of Selectmen to execute with the State such contracts as may be necessary for said purpose, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote Article 58 as printed to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: The appropriation of Chapter 90 funding provides for 100% reimbursement for work done on Town accepted roads.

ARTICLE 59: To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000) for the purpose of installing intersection signs, to determine how the same shall be raised and by whom expended. Or do or take any action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The installation of intersection signs needs more study before the work can begin.

ARTICLE 60: To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000) for the purpose of replacing the air compressor at the Gifford Street Highway Shop, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen .

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The replacement of an air compressor is included in the plan in Article 18.

ARTICLE 61: To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000) for the purpose of replacing the traffic control unit in the traffic lights at Sandwich Road and Brick Kiln Road, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

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RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash for the purposes of Article 61 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: The traffic control unit is old and replacement parts are now unavailable.

ARTICLE 62: To see if the Town will vote to appropriate Seventy-one Thousand Dollars ($71,000) for the purpose of constructing a sidewalk with curbing on the west side of Gifford Street from the intersection of Jones Road continuing north approximately 760 feet, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $71,000 from Certified Free Cash for the purposes of Article 62 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: The area to be served by this sidewalk includes assisted living housing, business and professional offices, restaurants and a bank. The sidewalk is needed to provide pedestrian safety at this busy intersection.

ARTICLE 63: To see if the Town will vote to appropriate One Hundred Fifty Thousand Dollars ($150,000) for the purpose of constructing a paved pedestrian path along Wild Harbor Road from Old Main Road westerly, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from Certified Free Cash for the purpose of Article 63 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: This project has been in the planning stages for 2 1/2 years to provide a safe pedestrian path. Funding in this article will construct the path from Old Main Road to approximately Glen Avenue. Another article will appear in a future Town Meeting to continue the path to Ocean View Avenue.

ARTICLE 64: To see if the Town will vote to appropriate Forty-nine Thousand Dollars ($49,000) for the purpose of paving the EDIC road through the Waste Management Facility and paving the areas needed for storage of recyclables, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $49,000 from Certified Free Cash for the purposes of Article 64 to be expended under the jurisdiction of the Board of Public Works.

EXPLANATION: This will accomplish paving from the end of the paved road to the Waste Management Facility entrance and will eliminate the deposition of silt in the retention beds.

ARTICLE 65: To see if the Town will vote to appropriate a sum of money for the purpose of upgrading the septic system at the Senior Center, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting floor.

EXPLANATION: The cost of a new septic system was not known when the Warrant Booklet was printed.

ARTICLE 66: To see if the Town will vote to appropriate a sum of money for the purpose of demolition costs of the buildings located at 504 Palmer Avenue and shown on Falmouth Assessors Map 38, Section 02, Parcel 026, Lot 000, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash for the purposes of Article 66 to be expended under the jurisdiction of the Board of Selection.

EXPLANATION: Due to a tax taking, the Town of Falmouth now owns this land and the buildings that, due to disrepair, are considered a liability.

ARTICLE 67: To see if the Town will resolve to end the affordable housing crisis in Falmouth by vote of this Annual Town Meeting to make affordable housing for all residents a top priority. Or do or take any other action in the matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 67 as printed.

EXPLANATION: Adoption of this resolution highlights the need to focus on solutions to the affordable housing problem.

ARTICLE 68: To see if the town will vote to appropriate $30,000 for the purpose of funding a housing/community development consultant, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: It was the consensus of the committee that the current proposal was not well defined. The committee also noted that results would not be available for 18 months. It would appear that a concentrated effort with some method of coordination involving all the Town departments with housing expertise could result in a recommended solution in a much shorter period of time.

ARTICLE 69: To see if the Town will hear a report from the School Committee on the progress to develop renovations plans for Falmouth High School. Or do or take any other action in the matter. On request of the School Committee.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 69 as printed.

EXPLANATION: The School Building Needs Committee will report to the Town Meeting regarding proposed renovations to Falmouth High School.

ARTICLE 70: To see if the Town Meeting will adopt the following resolution of support for action to substantially reduce nitrogen overloading of Falmouth coastal ponds:

   WHEREAS water quality in Great, Green and Bournes Ponds (the Three Ponds) now range from significantly impaired to severely degraded because of nitrogen overloading, and those conditions will continue to deteriorate as more homes are built; and

RECOMMENDATION (Board of Selectmen): That the Town vote Article 70 as printed.

EXPLANATION: Adoption of this resolution will recognize the need to improve water quality in Falmouth ponds.

ARTICLE 71: To see if the Town will approve a request of $5,000 for operating support from the Falmouth Free Clinic, a primary care clinic staffed by volunteer physicians, nurses and administrative personnel, and devoted to serving the uninsured and underinsured of Falmouth. Since opening in April 1998, the Falmouth Free Clinic has seen over 1,500 patients, most who are working members of this community. In addition to obtaining free primary care and diagnostic services, patients receive free medications for both acute and chronic conditions. The Falmouth Free Clinic is now located at 65C Town Hall Square and is open three evenings a week. The requested funding will help pay for case management services, occupancy, and clinic supplies. Or do or take any other action on this matter. On request of Jennie Williams and others.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,000 from Certified Free Cash for the purposes of Article 71 to be expended under the jurisdiction of the Human Services Director.

EXPLANATION: The Falmouth Free Clinic provides a much-needed service to the residents of Falmouth who are without health insurance. The operating budget of the clinic is $300,000, which does not include the core of medical and non-medical volunteers. Historically petition articles similar to Article 71 become a permanent line item in the Human Services Department budget.

ARTICLE 72: To see if the Town will vote to appropriate the sum of Two Thousand Dollars ($2,000) to replace the speed bumps in Goodwill Park, which were removed when the roads there were recently repaved. The requested funds would be used for purchasing and installing plastic speed bumps which would be removed in the winter for snow plowing. To determine how the sum shall be raised and by whom expended. Or do or take any other action on this matter. On the request of Joe LaCasce and others.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $2,000 from Certified Free Cash for the purposes of Article 72 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: Traffic should be slowed in the park during the summer months. Removable speed bumps will be installed by the Department of Public Works.

ARTICLE 73: That the Town of Falmouth vote to accept Massachusetts General Law Chapter 41 Section 108L Career Incentive Pay Program. (Also known as the Quinn Bill). On request of Richard M. Smith and others.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Finance Committee gave this article careful consideration and heard a presentation from representatives of the police unions. Indefinite Postponement was voted, not because of opposition to the Quinn Bill, but because the committee was in unanimous agreement that this is a negotiable item that belongs at the contract bargaining table.

ARTICLE 74: To see if the Town will provide funding for any or all of the purposes voted for in the foregoing articles by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action on this matter. On request of the Finance Committee and the Board of Selectmen.

RECOMMENDATION: The Finance Committee will makes its recommendation on Town Meeting floor when all articles have been considered.