This is an unofficial version of Falmouth's Spring 2000
General and Special Town Meeting Warrants, converted to HTML from an unofficial
town version by the FCTV webmaster.
The General Town Meeting Warrant is first, followed by the Special Town
Meeting Warrant.
The 41 articles of the General Town Meeting are listed below, followed by the 39 articles of the Special Town Meeting. Note that Article numbers start with 1 in each case.
As published in the Enterprise, both the General and Special Town Meetings start on Tuesday, April 3 [sic]. Yes, April 3 is a Monday, and the Town Meeting (which one?) starts on Monday.
To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.
RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed.
To hear reports of Committees and Town Officers and act thereon.
RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.
To see if the Town will vote to authorize the Selectmen to settle claims and suits, which are pending or may arise against the Town. Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote Article 3 as printed.
EXPLANATION: This routine article appears in each Spring Annual Town Meeting to authorize the Board of Selectmen to settle suits brought against the Town.
To see if the Town will authorize the Board of Selectmen to apply for and accept state or federal grants they deem beneficial to the Town, provided that the Board of Selectmen shall hold a public hearing prior to the Board's acceptance of any such grant, if said grant requires the Town to meet future conditions or requirements. Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to authorize the Board of Selectmen to apply for and accept state or federal grants they deem beneficial to the Town, provided that the Board of Selectmen shall hold a public hearing prior to the Board's acceptance of any such grant, if said grant requires the Town to meet future conditions or requirements. And, further, that the Board of Selectmen will not accept grants that were applied for without its knowledge and approval.
EXPLANATION: The Board of Selectmen must approve all grants for which application is being made. If the grants include future conditions or requirements, a public hearing should be held to advise the taxpayer of the application.
To see if the Town will vote to assume the liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as most recently amended by Chapter 5, Acts of 1955 for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbor, tidewaters, foreshores and shores along a public beach, including Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws and authorize the Board of Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth. 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 5 as printed.
EXPLANATION: The Commonwealth requires a yearly vote of Town Meeting in order to perform its work on or along our shores.
To see if the Town will vote to fix the salaries of the Elected Officials as follows:
Moderator $1,223 Town Clerk $32,532 Selectmen (4) $2,500 Chairman of Selectmen $3,000
Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote Article 6 as printed.
EXPLANATION: The Finance Committee reviewed the salaries of Elected Officials as required by the Charter.
To see if the Town will vote to authorize continued use of the revolving fund for the expenditures of updating the Code of Falmouth under General Laws Chapter 44, Section 53E1/2 as established by Article 3 of the April 1998 Annual Town Meeting and raise and appropriate the sum of Seven Thousand Dollars ($7,000) for the purpose of the article. Or do or take any other action in this matter. On request of the Town Clerk.
RECOMMENDATION (Finance Committee): That the Town vote Article 7 as printed.
EXPLANATION: Expenses involved in printing and updating the Code of Falmouth are returned to the Town through the sale of the books. Town Meeting approval is required each year to continue the use of the fund.
To see if the Town will vote to authorize continued use of the revolving fund known as the "Falmouth Recreation Department Revolving Account" under General Laws Chapter 44, Section 53E1/2 as established by Article 4 of the April 1998 Annual Town Meeting. Or do or take any other action in this matter. On request of the Recreation Committee.
RECOMMENDATION (Finance Committee): That the Town vote Article 8 as printed.
EXPLANATION: This account was established to enable the Recreation Department to purchase supplies for programs with fees that are collected for those activities. Town Meeting approval is required each year to continue the use of the fund.
To see if the Town will vote that any funds received by the Town of Falmouth as part of the Medicaid Medical Services Program (defined in M.G.L. c.44,S72) are allotted to the School Committee for use under its jurisdiction for the benefit of educational programs, or do or take any other action related to this matter. On request of the Falmouth School Committee.
RECOMMENDATION (Finance Committee): That the Town vote Article 9 as printed.
EXPLANATION: This article was originally approved at the April 1999 Annual Town Meeting and provides for reimbursement to the schools for special education and health related expenses. The School Department is responsible for compiling all of the necessary information and obtaining parental signatures in order to be eligible for reimbursement.
To see if the Town will vote to appropriate such sums of money as may be deemed necessary to defray the Town's expenses for the ensuing year, 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. The Fiscal Year 2000 Budget appears in the middle of the Warrant Booklet.
To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of funding hospital, medical and related expenses incurred by employees of the Fire and Police Departments in the performance of their duties. Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 11.
EXPLANATION: This is a routine article that funds any line of duty injury expenses that are not covered by insurance.
To see if the Town will vote to amend the Official Zoning
Map by rezoning to Single Residence B the land currently zoned Agricultural
B depicted on a map entitled "Map of Proposed Zoning Changes Agricultural
B to Residential B" dated January 13, 2000, scale 1'= 2000'.
Said land is shown on the Falmouth Assessor's
Map 21, Sections 8, 9 & 10;
Map 26, Section 5;
Map 27, Sections 1, 6 & 7;
Map 28, Sections 3, 4, & 5;
Map 32, Sections 2, 3, & 4;
Map 33, Sections 2 & 22;
Map 34, Sections 1, 2, 4 & 5;
Map 35, Section 6;
Map 38, Section 9;
Map 39, Sections 23 & 24;
Map 40, Section 13 and
Map 41, Section 1.
Or do or take any other action on this matter. On request of the
Planning Board
RECOMMENDATION: The Planning Board will make its recommendation on Town Meeting floor.
To see if the Town will vote to amend Article XVI - Dimensional Regulations - of the Zoning Bylaw by deleting the number 40,000 and inserting in its place the number 120,000 for minimum lot area for Agricultural B Districts. Or do or take any other action on this matter. On request of the Planning Board
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend Article X - Business Districts - of the Zoning Bylaw by amending §240-51.A. (11) by deleting the number 10,000 and inserting in its place the number 5,000 so as to read: "Any business or commercial shopping center with proposed gross floor space of 5,000 square feet or more." Or do or take any other action on this matter. On the request of the Planning Board.
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend Article XIV -
Dimensional Regulations - of the Zoning Bylaw by amending §240-69.A
by:
1) Inserting after the words Business 2 the values of 30 percent
maximum percent of lot coverage by structures and 55 percent maximum
percent lot coverage structures/paving and parking.
2) Deleting the values 35 and 65 after the words Business 3 and
inserting in its place the values 25 percent maximum percent lot
coverage by structures and 50 percent maximum percent lot coverage
structures/paving and parking.
3) Retain footnotes one and two for both Business 2 and Business
3 maximum percent lot coverage by structures.
Or do or take any other action on this matter. On request of the
Planning Board
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend Article XIV Dimensional Regulations - of the Zoning Bylaw by adding the following: §240-70.E. In Business 2 and Business 3 districts the maximum building height for principal structures shall be thirty (30) feet. Or do or take any other action on this matter. On request of the Planning Board
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend Article VI - General Residence Districts - of the Zoning Bylaw by amending §240-28.E. by inserting the words "and that portion north of Jones Road along the westerly sideline" so as to read in its pertinent part: "...and where said lot has frontage on Palmer Avenue except that portion between North Main Street and Main street and that portion north of Jones Road along the westerly sideline..." Or do or take any other action on this matter. On request of the Planning Board.
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend Article XXII -
Parking Requirements of the Zoning Bylaw by adding the following
to §240-108:
Office, Medical One space for each 200 square feet of gross floor
area, plus one space for each doctor, dentist or other employees.
Or do or take any other action on this matter. On request of the
Planning Board
RECOMMENDATION: See Article 12.
To see if the Town will vote to petition the Legislature to allow a property tax assessment program in which a taxpayer can voluntarily combine two or more buildable lots and receive a property tax exemption that would result in a reduction of tax liability equal to the total assessed value of the lots prior to being combined minus the assessed value of the lots after being combined. Or do or take any other action on this matter. On request of the Planning Board.
RECOMMENDATION: See Article 12.
To see if the Town will vote to amend the Official Zoning
Map of the Town of Falmouth so as to extend the existing Light Industrial
A Zone by rezoning from Single Residence C to Light Industrial A
that portion of the land shown on Falmouth Assessors Map 34, Section
6, Parcel 24B, Lot 001A, located east of Teaticket Highway (Route
28) and west of Village Common Drive, further described as follows:
Beginning at the southeast corner of the premises at land located
east of Teaticket Highway (Route 28) and west of Village Common
Drive shown on Falmouth Assessors Map 34, Section 6, as "Reserved
Area" comprised of 20,700 square feet according to the Falmouth
Assessors Map;
Thence North 62°53'25" West, 35.05 feet, more or less,
by the above-referenced "Reserved Area" to existing Light Industrial A
zoned land;
Thence turning and running North 18°19'32" East, 109.23 feet, more
or less, by existing Light Industrial A zoned land shown on Falmouth
Assessors Map 34, Section 6, Parcels 25 and 25A;
Thence turning and running South 57°10'25" East, 25.30 feet, more
or less, by a portion of said Lot 001A and existing Light Industrial
A zoned land;
Thence turning and running South 12°58'10" West, 108.73 feet, more
or less, by existing Light Industrial A zoned land shown on the
Falmouth Assessors Map 34, Section 6, Parcel 024, Lot 5A, to the
point of beginning.
Containing 3,185 square feet, more or less.
On request of L. Ronald Capozzoli.
RECOMMENDATION: See Article 12.
To see if the Town will amend the Zoning By-Law with respect to certain nonconforming residential uses, by adding to Section 240-3.B, the following: Any nonconforming residential use of a dwelling for at least Twenty (20) years without lapse (See Section 240-3.D) is considered to be a preexisting nonconforming use, provided the Town has assessed the dwelling according to such use throughout such period, and provided the Board of Appeals grants a special permit to allow the continuation of such use, taking into account the criteria of Section 240-216. On request of Jean F.Clark.
RECOMMENDATION: See Article 12.
To see if the Town will vote to add the following general by-law under Chapter 119 Fees, Article 1, 119- 1, at the request of the Human Services department and the Housing Authority.
INCLUSIONARY AFFORDABLE HOUSING REQUIREMENTS2.0 DefinitionsOr do or take any other action in the matter. On request of the Human Services Department and the Housing Authority.
2.1 Local Housing Partnership
the Falmouth Housing Trust (FHT) acting in an advisory capacity to the Board of Selectmen. Pursuant to S. 6.
2.2. Affordable Housing Unit
a dwelling unit that by Deed Restriction is and will remain (a) available for sale and sold at a selling price that will result in an Annual Shelter Cost of not more than thirty percent (30%) of the Annual Household Income of a Qualified Affordable Housing Unit Purchaser or (b) available for rental and rented at an annual rent that will result in an Annual Shelter Cost of not more than thirty percent (30%) of the Annual Household Income of a Qualified Affordable Housing Unit Tenant, not including any unit rented to a tenant receiving rental assistance under 42 U. S. C. S 1437f or any similar rental assistance program.
2.3 Annual Shelter Cost
(a) for owners, the aggregate of annual charges for debt service on a purchase money mortgage, real estate taxes and homeowner's insurance. (b) For tenants, the aggregate of annual charges for rent, utilities and tenant's insurance. 2.4 Comprehensive Plan
the Comprehensive Plan of the Town of Falmouth adopted by the Falmouth Annual Town Meeting April 1998 and approved by the Cape Cod Commission on July 2, 1998, as amended from time to time.
2.5 Deed Restriction
a provision, acceptable in form and substance to the Town of Falmouth, in a deed to real property that runs with the land in perpetuity so as to be binding on and enforceable against any person claiming an interest in the property. Any restriction created under this by-law shall survive by bankruptcy, insolvency or other action, and shall not be subject to nullification for any reason.
2.6 Development Agreement
an agreement between the Town acting through the Board of Selectmen and applicant entered into in accordance with Section 14 of the Cape Cod Commission Act and this Inclusionary Affordable Housing Requirements bylaw which provides for the development of affordable housing in the Town and establishes the permitted uses, densities, location and other characteristics of the development. 2.7 Local Housing Fund
an account established and operated by the Board of Selectmen through the FHT, for the purpose of creating or preserving affordable housing. Said funds can specifically be used to purchase and improve land, to purchase dwelling units or to develop new units or rehabilitate existing dwelling units for purchase or rental by qualified affordable housing unit purchasers or tenants or to preserve existing affordable housing in the affordable housing inventory. The FHT will determine expenditures from the Local Housing Fund with the final approval of the Board of Selectmen.
2.8 Planning Board
The Town of Falmouth Planning Board.
2.9 Qualified Affordable Housing Purchaser or Tenant
an individual or household with total annual income that does not exceed the following percentages of the median income for the Town of Falmouth, as determined annually by the United States Department of Housing and Urban Development:2.9.1 for the purchaser of a single - family home - eighty percent (80%)3.0 Applicability
2.9.2 for the purchaser of a condominium unit - sixty-five percent (65%)
2.9.3 for the tenant in a rental unit - sixty-five percent (65%)
2.9.4 Income from part-time employment of full-time students enrolled in and attending a public school or accredited educational institution shall not be considered part of a household's total annual income.
3.1 This by-law shall apply to any division of land into two or more lots for residential use which requires action of the Planning Board under MGL Ch 41-8 1 K through 8 1 GG or otherwise, whether or not subdivision approval is required.
3.2 This by-law shall apply to the new construction and or reconstruction of single-family, multi-family and/or condominium residential units on any lot or lots under common ownership with a construction value greater than $100,000 per unit or based on the value of a building permit greater than $100,000. The construction of Affordable Housing Units, as defined in Section 2.2, above, are specifically exempt.
3.3 This by-law shall apply to any combination of land division and development activity stated in Sections 3.1 and 3.2, above, except for the land development activities of a limited profit corporation, or any charitable not for profit tax exempt corporation or entity or Town agency engaged in providing affordable housing units under MGL Ch 40B.
3.4 This By-law shall apply to the construction of any non-residential development or addition, or the non-residential area of a mixed-use development. It shall not apply to interior renovation, or reconstruction or replacement activities.
4.0 Inclusionary Affordable Housing Requirements any land division/development activity granted in accordance with Section 3 shall be subject to the following requirements:
4.1 In a development described in Section 3.1 consisting of less than ten (10) acres, the applicant shall pay an Inclusionary Housing Fee of $500.00 per lot created. Such payments shall be made to the Local Housing Fund established under this by-law upon endorsement or approval by the Planning Board.4.3. In a development described in Section 3.2, consisting of less than ten (10) housing units the applicant shall pay an Inclusionary Housing Fee based on $ 10.00 per $1000.00 of the building permit value of the units created. Such payments shall be made to the Local Housing Fund established under this by-law at the time of issuance of the building permit
4.2 In a development described in Section 3.1 consisting of ten (10) or more acres at least ten percent (10%) of the lots that are created shall be dedicated by Deed Restriction to Affordable Housing Units, and the applicant and any successor in interest shall comply with Section 4.5, below. Any fraction of a whole lot resulting from this calculation shall require the payment of an Inclusionary Housing Fee based on ten percent (10%) of the average value of all lots created by the development less the value of any dedicated lots.
4.4. In a development described in Section 3.2, consisting of ten (10) or more units, at least ten percent of the residential units constructed shall be dedicated by deed restriction to Affordable Housing Units, and the Applicant and any successor in interest shall comply with Section 4.6, below. Any fraction of a whole unit resulting from this calculation shall require the payment of an Inclusionary Housing Fee based on ten percent (10%) of the average value of all units created by the development less the value of any dedicated units.
4.5 In a development described in Section 3.4, the applicant shall contribute at the time of issuance of a building permit an Inclusionary Housing Fee as follows:4.5.1 All development of 5,000 square feet or less - $0.05 per square foot.4.6 When house lots and/or units are provided under Section 4.2 or 4.4, above, shall, subject to such deed restrictions and other requirements as the Town shall require in order to assure compliance with MGL c. 40B, S 2-23, either by:
4.5.2 All development of 5,000 square feet - $0.10 per square foot.
4.5.3 Such payments as set forth above shall be made at the time of issuance of the building permit to the Local Housing Fund established under this By-law. Such funds may be utilized for the continued development of appropriate methods and approaches to analyze the impacts of nonresidential development on the nature and quantity of affordable housing within the Town of Falmouth and the possible methods to mitigate and/or address it.
4.6.1 Conveyance of such lots to a government agency or nonprofit organization approved by the Town for the construction of Affordable Housing Units for the sale and/or lease to Qualified Affordable Housing Unit Purchasers or Tenants.4.7 Appeals
4.6.2 Conveyance of constructed Affordable Housing Units to a government agency or nonprofit organization approved by the Town who shall offer said unit for sale and/or lease to Qualified Affordable Housing Unit Purchasers or Tenants. The proceeds of any such sale and/or lease shall be delivered to the Applicant within 30 days of payment.
an applicant who is dissatisfied for the following reasons with the fee determination made by the Planning Board under Section 4.1 or the Building Commissioner under Section 4.3 may appeal said determination as follows:
Within ten (10) days after paying the fee, the applicant shall appeal in writing to the Town Administrator, based upon one of the following specific criteria:
4.7.1 A mistake or error in the calculation in the land or building value;The Town Administrator shall forthwith designate a hearing officer who shall hold a hearing and make a written determination within 21 days of the filing of the appeal. If the hearing-officer determines that the fee is excessive, a rebate shall be made forthwith. Work on the project may proceed notwithstanding the filing of the appeal.
4.7.2 Special circumstances relating to the physical or environmental conditions of the site that result in an excessive fee for this particular proposal;
4.7.3 The application of this by-law makes the development of any lot or parcel of land uneconomic or without reasonable alternative.
5.0 Provisions Applicable to All Affordable Housing Units/Lots
all Inclusionary Affordable Housing units and/or lots created under this By-law shall meet the following minimum requirements:
5.1 Affordable housing units and/or lots within market rate developments shall be integrated with the rest of the development and shall be compatible in design, appearance, construction and quality of materials with the other units and/or lots. Interior features of affordable units shall comply in all respects with the minimum design and construction standards set forth in the Local Initiative Guidelines, by the Massachusetts Department of Housing and Community Development, July 1996 or as amended.
5.2 Affordable housing units and/or lots shall be provided coincident with the development of the market rate units and/or lots, but in no event shall the development of the affordable units and/or lots be delayed beyond the schedule below:
6.0 Development Agreement
Market Rate Unit/Lot % Affordable Unit/Lot Up to 30 % none required 30% + I unit At least 10% Up to 50% At least 30% Up to 75% At least 50% 75% + I unit At least 70% Up to 90% 100%
6.1 In lieu of applying the specific provisions of this By-law, a person seeking to under-take a development described in Section 3 may apply to the FHT to enter into a Development Agreement pursuant to this By-law. The FHT shall act as a reviewing body for any development agreement proposed under this Section and shall advise the Board of Selectmen if such Development Agreement provides benefits to the Town that are at least as beneficial to the Town as the affordable housing benefits provided for in this By-law. In deliberating possible Development Agreement provisions the town shall take into consideration any combination of the following
6. 1.1 Conveyance to the Town or the Town's designee of land that the Town determines to be suitable for the construction of at least as many dwelling units as are required by Section 4.6.2 Development Agreement applicants are encouraged to provide at least seventy percent (70%) of any dwelling units or house lots to be provided under a Development Agreement for persons or families living or working in the Town or having a substantial historical and current connection with the Town by reason of prior residence or attendance at Town schools and current residence of close relative in the Town.
6.1.2 The construction of required dwelling units at locations in the Town of Falmouth other than the location that is the subject of the application.
6.1.3 Payment into the Local Housing Fund in lieu of dedication or construction of each whole residential lot or residential unit required by Sections 4.2 or 4.4.
6.1.4 Any dwelling units built or lots conveyed pursuant to this Section shall be of a design and quality and in locations found by the Town to be consistent with the Comprehensive Plan, including the requirement that affordable housing be distributed throughout the Town.
6.1.5 The need for any other requirements or restrictions in a Development Agreement that is necessary or appropriate to assure that the purposes of this By-law are carried out. Such requirements may include, but are not limited to, design standards, regulatory agreements, monitoring and reporting requirements, unrestricted access to the applicant's financial records, periodic audits and penalties for non-compliance.
7.0 Maximum Incomes and Selling Prices: Initial Sale
7.1 The maximum housing cost for affordable units created under this by-law is as established by the Massachusetts Department of Housing and Community Development, Local Initiative Program.8.0 Preservation of Affordability - Restrictions on Resale each affordable unit created under this by-law shall have restrictions governing its resale or re-occupancy to preserve the long term Affordability and to preserve its continued availability as affordable housing in perpetuity, including the following:
7.2 Potential purchasers of affordable units created under this by-law are required to submit copies of the last three years federal and state income tax returns, and to certify, in writing prior to occupancy of the unit that his/her or their family's income does not exceed the maximum.
8.1 A marketing plan or other method of advertisement for availability of the affordable unit(s) and selection of buyer or tenant of the affordable unit(s) to be created under this by-law shall be provided to the Town.9.0 Effective Date This By-law shall take effect on the following dates:
8.2 Resale price - subsequent resale of an affordable unit shall be made to a Qualified Affordable Housing Purchaser and shall be based on the initial discount rate applied to the sales price of the unit, which shall be recorded at the time of initial sale, which shall be applied to any subsequent resale of the unit.
8.3 Right of first refusal to purchase - the purchaser of an affordable unit shall execute a deed rider in a form provided by the Massachusetts Department of Housing and Community Development, granting the Town of Falmouth or its designee agency, the right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be found.
9.1 For Residential construction projects - Building permits issued on or after July 1, 200010.0 Severability, Conflict with Other By-laws
9.2 For Approval Not Required (ANR) plans - Endorsement on or after July l, 2000
9.3 For Subdivisions (Definitive Plan approval) - Definitive plan approval on or after July 1, 2000
9.4 For Cluster Residential Development projects - Development plans approved on or after July 1, 2000
9.5 For Non-Residential construction projects - Building permits issued on or after July 1, 2000
10. 1. 1 To the extent that a conflict of interest exists between this by-law and other by-laws of the Town of Falmouth, the more restrictive provisions shall apply
10.1.2 If a court of competent jurisdiction holds any provision of this ordinance invalid, the remainder of the by-law shall not be thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remaining sections or parts of sections or the other by-laws of the Town of Falmouth.
RECOMMENDATION: The proponents have requested that Town Meeting take no action on Article 22 in order to give them time to discuss the article and possibly resubmit it at a future Town Meeting.
To see if the Town will vote to appropriate a sum of money for the purpose of land acquisition, designing, constructing, furnishing and equipping the Fire Station Headquarters, including the payment of all costs incidental and related thereto, and to determine whether to raise this appropriation by borrowing or otherwise, provided that no sums appropriated hereunder shall be borrowed or expended for this purpose unless and until the Town shall have voted to exempt any amounts authorized to be borrowed hereunder from the limitations of Proposition 2 1/2, so called, or to do or to take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Finance Committee has consistently supported the construction of a new fire headquarters building. Included in this support, were Articles in Fall/95, Spring/96, Fall/96, and finally, the recommendation of $4.4 million for construction and land acquisition of 7.4 acres on Dillingham Avenue in Spring/97. Subsequent to the defeat of that proposal at the May/97 election, an article was put forward at the Fall/98 Town Meeting requesting funding to develop preliminary plans for an addition/renovation at the present site. The Finance Committee recommended indefinite postponement at that time, due to uncertainties over cost and adequate land space. The Finance Committee questions neither the needs of the Fire Department nor the work of its building committee. Their task was difficult at best, the plans that are before us now show the site to be too small, with inadequate parking, and renovation costs too high. The Committee's support for a new headquarters building is unchanged.
To see if the Town will vote to appropriate a sum of money for the purpose of engineering, designing, and permitting improvements to the Wastewater Treatment Facility, including the payment of all costs incidental and related thereto, and to determine how to raise this appropriation and by whom expended, provided, however, that no money appropriated hereunder shall be expended for this purpose unless and until the Town shall have voted at the next Town Election to be allowed to assess an additional sum of money in real estate and personal property taxes for the purposes of this article for the Fiscal Year beginning July 1, 2000. 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 appropriate $800,000 for the purpose of engineering, designing, and permitting improvements to the Wastewater Treatment Facility, including the payment of all costs incidental and related thereto, provided, however, that no money appropriated hereunder shall be expended for this purpose unless and until the Town shall have voted at the 2000 Annual Town Election to be allowed to assess an additional sum of money in real estate and personal property taxes for the purposes of this article for the Fiscal Year beginning July 1, 2000.
EXPLANATION: The approval of the $800,000 in this article will allow for the design of a wastewater treatment plant upgrade to a 1.2 Million Gallon per Day (MGD) facility with a nitrogen discharge limit of 5 parts per million (the present facility is 0.81 MGD and has a nitrogen discharge limit of 50 parts per million). The new facility will provide tertiary treatment in accordance with the recommendations of the Wastewater Facilities Plan.
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 ($500,000) for the purposes of funding a pilot study for a deep well injection system at the Waste Water Treatment Facility. Or do or take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION: That the Town vote to appropriate the sum of $500,000 for the purpose of financing a pilot study for a deep well injection system at the Wastewater Treatment Facility, including costs incidental and related thereto, and that to raise this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $500,000 under and pursuant to Chapter 44, Section 8 (5) of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor. Said funds to be expended under the jurisdiction of the Board of Selectmen.
EXPLANATION: This study will determine the feasibility of discharging tertiary-treated effluent from the wastewater plant by injection into the groundwater. Discharge by injection offers flexibility for controlling where the effluent is discharged and is not as land-intensive as the present system of infiltration beds. The project is eligible for a zero interest loan under the State Revolving Fund Program.
To see if the Town will vote to appropriate a sum of money for the purpose of constructing the Wild Harbor Bulkhead, including the payment of all costs incidental and related thereto, and to determine how to raise this appropriation and by whom expended, provided, however, that no money shall be expended for this purpose unless and until the Town shall have voted at the next Town Election to be allowed to assess an additional sum in real estate and personal property taxes for the purposes of this article for the Fiscal Year beginning July 1, 2000. 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 appropriate Four Hundred Thousand Dollars ($400,000) for the purpose of constructing the Wild Harbor Bulkhead, including the payment of all costs incidental and related thereto, provided, however, that no money shall be expended for this purpose unless and until the Town shall have voted at the next Town Election to be allowed to assess an additional sum in real estate and personal property taxes for the purposes of this article for the Fiscal Year beginning July 1, 2000.
EXPLANATION: The Wild Harbor Bulkhead had been deteriorating and this project has been planned for several years. The parking lot will be repaired, access will be created for the residents and mooring slips will be added which will result in increased revenue.
To see if the Town will vote to authorize the Board of Selectmen to sell or convey 5,261 square feet of a certain parcel of land located in Hatchville, shown on Town Assessors Map 06, Section 003, Parcel 008E, Lot 000 containing 5,600 square feet and to determine the disposition of funds received from the sale. Or to do or take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 27 as printed.
EXPLANATION: The sale of this small piece of land as frontage for the Cavossa lot will eliminate setback problems for the contractor's yard.
To see if the Town will vote to authorize the Board of Selectmen to sell and convey a parcel of real estate located on Wilson Road in Woods Hole to Carolyn S. Carlson for the consideration of a sum of money, said property being described as follows: A parcel of land containing 2825 square feet to the southeast of Wilson Road and abutting Lot 30 as shown on Land Court Plan 6698-R and formerly being within the Town layout of Wilson Road until abandoned by the Town by Article 34 of the April 1957 Town Meeting. 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 28 as printed.
EXPLANATION: Originally, a turn around was created at this house lot but, when the road was extended, the turn around was not needed. The owner wishes to purchase this for her front yard.
To see if the Town will vote to approve the Project Certification Application submitted by Kayak Pools of New England, for the development of their facility proposed in the Falmouth Technology Park Economic Opportunity Area, Assessors Map 16, Section 01, Parcel 004, Lot 074. 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 Town Meeting, that the project will not overburden the Town's infrastructure and utilities 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 that seventeen (17) years. 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 29 as printed.
EXPLANATION: Approval of this requested Projection Certification Application allows the applicant, Kayak Pools of New England, to obtain tax advantages on the local and State level with its construction of a building to house its business at the Technology Park.
To see if the Town will vote to appropriate the sum of Twenty-seven Thousand Five Hundred Sixty Dollars ($27,560) for the purpose of implementing the following change in the Town's Position Classification Plan as follows:
DELETE: (1) Natural Resource Officer Grade 7 ADD: (2) Natural Resource Officers Grade 7
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 Natural Resources Director and the Shellfish Warden.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $27,560 for the purposes of Article 30 to be expended under the jurisdiction of the Natural Resources Director and the Shellfish Warden.
EXPLANATION: This request adds an additional Natural Resource Officer who will work under the direction of the Director of Natural Resources and the Shellfish Constable. In addition to standard law enforcement duties, this officer will spend much of his/her time on the maintenance of Town owned land, the maintenance of herring runs, and assisting the Shellfish Constable with shellfish propagation. The total wholesale value of the shellfish harvest for 1999 was in excess of $2,000,000. The creation of this position will bring the Natural Resource Department back to its 1970 staffing level.
To see if the Town will vote to appropriate the sum of Forty Thousand Sixty-one Dollars ($40,061) for the purpose of implementing the following change in the Town's Position Classification Plan:
DELETE: (49) Patrol Officers ADD: (50) Patrol Officers
To determine how the same shall be raised and by whom expended, or do or take any other action in the matter. On request of the Chief of Police.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $40,061 for the purposes of Article 31 to be expended under the jurisdiction of the Chief of Police.
EXPLANATION: The addition of this position was recommended by the May 1998 Management Study of the Police Department and will address the identified need for more patrol officers. It is included in the Town's Five Year Personnel Plan.
To see if the Town will vote to appropriate the sum of Eighteen Thousand Fifty-five Dollars ($18,055) for the purpose of implementing the following change in the Town's Classification Plan:
ADD: (1) Plumbing/Gas Inspector (20 hours) Grade 11
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 Building Commissioner.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $18,055 to be expended under the jurisdiction of the Building Commissioner for the purposes of Article 32.
EXPLANATION: There is one full-time Plumbing/Gas Inspector in the Building Department at this time. The creation of the new position will provide much-needed assistance due to the increasing number of inspections that must be done. This also will provide the availability of an inspector on weekends and in emergencies when the Plumbing/Gas Inspector is not available.
To see if the Town will vote to appropriate the sum of Thirty-four Thousand Two Hundred Fifty-eight Dollars ($34,258) for the purpose of implementing the following change in the Town's Position Classification Plan:
ADD: G.I.S.Coordinator/Network Assistant Grade 10
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 Director, Information Technology.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $34,258 for the purposes of Article 33, to be expended under the jurisdiction of the Director, Information Technology.
EXPLANATION: This position is responsible for coordinating Town wide Geographic Information System activities and assisting with computer network/PC maintenance. The Town's GIS has expanded from use by a single office to a multi-departmental tool. Similarly, PC use and the necessity for transferring and sharing data among Town offices and departments has increased substantially. The rapid growth in the implementation of these technologies has strained existing personnel resources. Additional staff to assist with GIS and computer network/PC responsibilities will allow more efficient and effective use of these new tools and technologies within the Town.
To see if the Town will vote to appropriate the sum of Seven Thousand Eight Hundred Seven Dollars ($7,807) for the purpose of implementing the following change in the Town's Position Classification Plan:
DELETE: Office Assistant ZBA (18 hours) Grade 5 ADD: Office Assistant ZBA (30 hours) Grade 5
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 Zoning Board of Appeals.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $7,807 for the purposes of Article 34 to be expended under the jurisdiction of the Zoning Board of Appeals.
EXPLANATION: In 1999 there was a 25% increase in cases heard by the Zoning Board of Appeals. The additional hours requested for the Office Assistant will allow for this office to be run more efficiently and to prevent the office from being closed to the public during regular working hours.
To see if the Town will vote to appropriate Thirteen Thousand Two Hundred Two Dollars ($13,202) for the purpose of implementing the following change to 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 in this matter. On request of the Board of Registrars.
DELETE: Office Assistant (18 hours) Grade 5 ADD: Office Assistant (37.5 hours) Grade 5
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $13,202 for the purposes of Article 35 to be expended under the jurisdiction of the Board of Registrars.
EXPLANATION: The workload in this office continues to increase. One thousand voters registered in the past six months. All records must be constantly updated. State law now requires that all names on nomination papers and petitions be entered into the State computer system.
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, and, further, to implement the following change to the Town's Position Classification Plan:
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.
DELETE: (44) Firefighters ADD: (52) Firefighters
RECOMMENDATION (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.
EXPLANATION: Discussions on this matter were ongoing at the time of Finance Committee deliberations.
To see if the Town will vote to appropriate the sum of Three Thousand Four Hundred Ninety Dollars ($3,490) for the purpose of furnishing and installing a chain link fence at the Little League Field, Gifford Street and to determine how the same shall be raised and by whom expended. Or do or take any other action in the matter. On request of the Department of Public Works.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $2,995 for the purposes of Article 37 to be expended under the jurisdiction of the Public Works Director.
EXPLANATION: Balls from the Little League Field have struck several automobiles. Construction of a new fence is expected to prevent this in the future. The lower amount recommended is possible as the DPW will remove the old fence.
To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of abandoning approximately 2,000 feet of sewer main on Amvets Avenue, 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 Board Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $15,000 for the purposes of Article 38 to be expended under the jurisdiction of the Utilities Manager.
EXPLANATION: There exists approximately 2000 feet of sewer main in the Amvets Avenue area that is no longer in use but was never properly abandoned. Funding will be used to properly abandon the 50-year-old mains by filling them with controlled density fill. This will eliminate periodic road flooding and potholes caused by sewer cave-ins.
To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000) to be used by the Falmouth Chamber of Commerce to continue to sustain and enhance the Economic Improvement Program, the cooperative marketing effort of the Town of Falmouth and the Chamber of Commerce, 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: That the Town vote to raise and appropriate $10,000 to be expended under the jurisdiction of the Board of Selectmen.
EXPLANATION: The 1993 Annual Town Meeting voted to appropriate $18,000 to the Chamber of Commerce Economic Improvement Program with the intent of matching this to the Chamber's contribution to this program. Through the years increases have been approved. The current funding is $40,000, yet the Chamber continues to contribute $10,000 to the program. The Finance Committee is aware of the rooms tax that is collected each year in the Town of Falmouth. It has not, however, been proven how much of this tax is a direct result of the program.
To see if the Town will vote to ban boats without mufflers that have excessively loud exhaust systems from entering Green Pond Harbor. All boats must be equipped with mufflers and will be required to be in use throughout Green Pond Harbor. On request of Patricia Fender.
RECOMMENDATION (Finance Committee): The Finance Committee voted to make no recommendation on Article 40.
EXPLANATION: This article should be discussed on Town Meeting floor.
To see if the Town will provide funding for any or all of the purposes voted for in the foregoing articles by taxation, by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action in this matter. On request of the Finance Committee and the Board of Selectmen.
RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting floor.
To see if the Town will vote to appropriate the sum of Three Thousand Nine Hundred Thirty-nine Dollars ($3,939.) for the payment of the listed Unpaid Bills of prior Fiscal Years, 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:
Christine Showalter Human Services $69.00 Harvey F. Glennon Town Meeting $3,870.00
RECOMMENDATION: That the Town vote to transfer $3,939 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.
To see if the Town will vote to amend Sections 240-28.H. (4), 240-33.G.(4) and 240-38.G.(4) by inserting the word "Vehicle" between the words Gross and Weights so as to read in its pertinent part:.."or any vehicle which has a Gross Vehicle Weight in excess of 10,000 pounds,,,:" Or do or take any other action on this matter. On request of the Planning Board.
RECOMMENDATION: The Planning Board will make its recommendation on Town Meeting floor.
To see if the Town will vote to amend Section 240-185.A of the Zoning Bylaw by adding the following words to the end of the first sentence: "... and in Agricultural Districts applications for special permits and site plan review for non-residential uses". Or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION: The Planning Board will make its recommendation on Town Meeting floor.
To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN for municipal purposes, land on Palmer Avenue in Falmouth, Barnstable County, Commonwealth of Massachusetts, and being shown as a parcel containing 1.03 acres on Falmouth Assessors Map 38, Section 2, Parcel 20, Lot 000, now or formerly owned by L. Richard McKinney, and further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, 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): Indefinite Postponement.
EXPLANATION: The Finance Committee noted the following issues regarding this purchase: the cost of $350,000 for a 1.03 acre of land; the appraised value is $200,000; the Land Bank Acquisition Committee has not been consulted although Land Bank funds would be used; and when the Finance Committee considered the article the funding sources were unclear.
To see if the Town will vote to authorize the Board of Selectmen to PURCHASE or TAKE BY EMINENT DOMAIN for municipal purposes, the building known as Highfield Hall and its contiguous land, including access thereto, in Falmouth, Barnstable County, Commonwealth of Massachusetts, and being shown as the "Main Parcel, 5.80 acres" on a plan entitled "Preliminary Plan of Land Prepared for Historic Highfield, Inc., Falmouth, Massachusetts", by BSS Design, now or formerly owned by Cape Cod Conservatory of Music and Arts, Inc., and further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, to determine how the same shall be raised and by whom expended. Or do or take and other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: Because of a deed restriction this article is not to purchase the Highfield property, but to take it by Eminent Domain only. When the Finance Committee considered the article, the cost and whether this would be a friendly or an unfriendly taking was unknown. The access to the property is a private driveway. The Town would have to take the land and build a road to the property at an unknown cost. Restoration costs have been estimated to be between $2,000,000 and $2,500,000, but costs are always uncertain when restoring very old buildings. The Finance Committee did not deem it responsible for the Town to take on the liability of owning the property, nor did it believe that the Town should get into the process of taking private property that will be operated by a private organization to be used for private functions. We are told that this will not cost the Town any money, but there is no guarantee that this will not cost the taxpayers of the Town of Falmouth. Also of concern is the fact that the Friends of Highfield and the Cape Cod Conservatory of Music and Arts are currently involved in litigation.
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 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 Donald S. Wicks, consisting of a single parcel totaling 8.55 acres more or less, located on Fire Tower Road, as shown on Assessors Map 26, Section 02, Parcel 027A, Lot 000C, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 2879, Page 222. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission;
B. Land owned now or formerly by Stephen B. and Barbara L. Wicks, consisting of a single parcel totaling 8.10 acres more or less, located on Fire Tower Road, as shown on Assessors Map 26, Section 02, Parcel 027B, Lot 000B, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 2879, Page 222. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission;
C. Land owned now or formerly by John D. and Elizabeth T. McGowan consisting of a single parcel totaling 2.78 acres more or less, located on North Falmouth Highway, as shown on Assessors Map 12, Section 07, Parcel 005B, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 1318, Page 742. For purposes of open space and conservation, under the jurisdiction of the Conservation Commission.
D. Land owned now or formerly by P & S Family Limited Partnership consisting of a single parcel totaling 2.93 acres more or less, located on Gifford Street, as shown on Assessors Map 38, Section 10, Parcel 025, Lot 080, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 907, Page 74. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission;
E. Land owned now or formerly by Petros A. Palandjian, Trustee, P & S Family Nominee Trust, consisting of a single parcel totaling 1.99 acres more or less, located on Dillingham Avenue, as shown on Assessors Map 38, Section 10, Parcel 023A, Lot 084, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 942, Page 43. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission;
F. Land owned now or formerly by Petros Palandjian, Trustee P & S Family Nominee Trust, consisting of a single parcel totaling 1.2 acres, more or less, located on Tennis Club Lane as shown on Assessor's Map 38, Section 10, Parcel 025A, Lot 026, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 699, Page 47. For purposes of land for recreation, under the jurisdiction of the Selectmen.
G. Land owned now or formerly by Sheila Palandjian consisting of a single parcel totaling .88 acres, more or less, located on Tennis Club Lane as shown on Assessor's Map 38, Section 10, Parcel 028A, Lot 082, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 1063, Page 19. For purposes of land for recreation, under the jurisdiction of the Selectmen.
H. Land owned now or formerly by Edward F. Roskovics, consisting of a single parcel totaling 22.1 acres more or less, minus a 2.1 acre portion containing the seller's residence and outbuildings, located off North Falmouth Highway, as shown on Assessors Map 12, Section 08, Parcel 006, Lot 002B, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 8798, Page 258. For purposes of land for open space and conservation, under the Jurisdiction of the Conservation Commission;
I. Land owned now or formerly by Paulino P. and Elizabeth M. Rodriques, Trustees, consisting of a single parcel totaling 20.30 acres more or less, located on Old Waquoit Road, as shown on Assessors Map 28, Section 08, Parcel 028A, Lot 000, and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 10471, Page 128. For purposes of land for recreation, under the Jurisdiction of the Board of Selectmen.
And further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, 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): The Finance Committee will make its recommendation on Town Meeting floor.
EXPLANATION: There were no signed Purchase and Sales Agreements for any of the parcels when the Finance Committee completed its deliberations on Town Meeting articles.
To see if the Town will vote to PURCHASE OR TAKE BY EMINENT DOMAIN, a parcel of land in Waquoit containing approximately 2.52 acres and shown on Assessors Map 29, Section 04, Parcel 014D, Lot 003 for municipal use 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: No agreement has been reached with the owner of this property.
To see if the Town will vote to authorize the Board of Selectmen to sell or convey a certain parcel of land located in Hatchville, Massachusetts, shown on Town of Falmouth Assessors Map 11, Section 01, Parcel 009, Lot 000, containing 9.4 acres +-. Or do or take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): That the Town vote to recommend Article 8 as printed and further, that all proceeds received by the Town in this transaction will be placed in the Land Bank Trust Fund.
EXPLANATION: This sale of land for the golf course in Ballymeade responds to the discussion at Town Meeting in November. In addition to $250,000 in revenue, the owners will donate 27 acres of land to the Town.
To see if the Town will vote to authorize the Board of Selectmen to transfer a parcel of land situated on Sam Turner Road, Parcel 11, Section 02, Parcel 004A, Lot 000 for no consideration to Habitat for Humanity of Cape Cod, Inc. for the construction on such land a house for sale to a person of low or very low income within the meaning of the Housing Act of 1937, subject to existing zoning restrictions and building and health codes; provided that in the selection of the purchaser of such house, priority shall be given to person whose residence of place of employment is in the Town of Falmouth; such sale to be made subject to a deed restriction in substantially the following form for a period of 20 years from the date of the first transfer by the Town pursuant to this Article:
1. Whenever the owner shall desire to sell or otherwise transfer ownership or possession of the premises, the owner shall send a written Notice to the Town of Falmouth (the Town) setting forth in detail the terms on which the owner desires to sell or transfer the premises. The Notice shall set forth the aggregate present value of all consideration and payments to be paid by the transferee for the premises (the "Selling Price"). The Town shall have the right within ninety days after receipt of such notice to buy, or designate a buyer for the premises at the Selling Price, less the Land Value, which shall be the assessed value of the Land for real estate tax purposes at the time of such sale or other transfer. If the Town chooses not to buy, or designate a buyer for the premises, it shall grant a release in writing allowing the owner to transfer the premises free of the restrictions set forth in this paragraph.
2. Upon the sale or other transfer of ownership or possession of the premises within twenty years after the date of this deed, other than to the Town pursuant to Paragraph 1 above, the owner shall pay to the Town the Land Value.
The Board of Selectmen is authorized to make use of other agencies and instrumentalities of the Town, including but not limited to, the Falmouth Housing Authority, to effect the transfer of such land in accordance with this Article. Or do or take any other action in this matter. On request of the Habitat for Humanity, Inc.
RECOMMENDATION (Board of Selectmen): That the Town vote article 9 as printed.
EXPLANATION: This project allows for an additional unit of affordable housing to be constructed in Falmouth.
To see if the Town will vote to appropriate a sum of money for the purposes of repairing the dome at the Main Library, 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 Library Trustees.
RECOMMENDATION: That the Town vote to transfer $25,000 from Certified Free Cash to be expended under the jurisdiction of the Library Trustees for the purposes of Article 10.
EXPLANATION: The Capital Improvement Plan approved at the November 1999 Town Meeting contained funding for the design of repairs needed to the dome at the Main Library. The problems are considered to be fire and safety hazards. This requests the funding to do the necessary work.
To see if the Town will vote to appropriate Fifteen Thousand ($15,000) for the purposes of reconstructing the Veterans Memorial Walk, 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: 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 11.
EXPLANATION: The walkway from Main Street to the Library will be resurfaced to improve the Veteran's Memorial Walk.
To see if the Town will vote to appropriate a sum of money for the purchase of parking meters and barrels to be placed in Woods Hole, 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): That the Town vote to transfer $4,000 from Certified Free Cash for the purchase of new parking meters to be expended under the jurisdiction of the Police Chief.
EXPLANATION: The rate for the meters in Woods Hole is 40 cents for 2 hours. The rate for the new meters will be 25 cents for 15 minutes. This brings the meters in Woods Hole in line with meter rates throughout the Town. The Finance Committee did not recommend the purchase of barrels, which are in excess of $800 a piece.
To see if the Town will appropriate Thirty Thousand Dollars ($30,000) for the purpose of purchasing parking meters to create a metered parking area on a portion of the Steamship Authority Parking Lot, 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: No agreement has been reached with the Steamship Authority.
To see if the Town will vote to appropriate Ten Thousand Dollars ($10,000.) for the purposes of settling a suit brought against the Town, 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: That the Town vote to transfer $10,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 14.
EXPLANATION: It is necessary to fund this article in order to settle a long-standing dispute regarding the purchase of a copy machine. The case is in court in New Jersey and should be settled as soon as possible.
To see if the Town will vote to appropriate One Hundred Five Thousand Dollars ($105,000) for the purpose of funding State Ward reimbursements for School Department purposes, 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 School Committee.
RECOMMENDATION: That the Town vote to transfer $105,000 from Certified Free Cash to be expended under the jurisdiction of the School Committee for the purposes of Article 15.
EXPLANATION: The April 1999 Annual Town Meeting approved the establishment of a revolving account that is a reimbursement for education services provided for foster children placed in the Town by the State.
To see if the Town will vote to appropriate Fifty Thousand Dollars ($50,000) for the construction of additional parking on the easterly side of Town Hall, 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: That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Department of Public Works for the purposes of Article 16.
EXPLANATION: A new access road will be built from the parking lot behind Town Hall to the Town owned parking lot on Glenwood Avenue. The Glenwood parking lot will also be improved. Plantings as required by the Conservation Commission are included in this article.
To see if the Town will vote to appropriate the sum of Six Thousand Dollars, ($6,000) for the purpose of replacing two light poles at Guv Fuller Field. 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 Recreation Department.
RECOMMENDATION: That the Town vote to transfer $6,000 from Certified Free Cash to be expended under the jurisdiction of the Recreation Department for the purposes of Article 17.
EXPLANATION: One of the poles has already fallen and the second one is unsteady. They must be replaced.
To see if the Town will appropriate Fifty Thousand Dollars ($50,000) to Budget Line 01151-52300 (Legal Expenses), 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: That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 18.
EXPLANATION: Legal fees have been higher than originally expected for Fiscal Year 2000.
To see if the Town will vote to appropriate the sum of One Thousand Nine Hundred Seventy-nine Dollars ($1,979) for the purpose of paying a portion of the principal on debt issued for the landfill closure project, 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 Treasurer.
RECOMMENDATION: That the Town vote to transfer $1,979 from Certified Free Cash to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 19.
EXPLANATION: This amount was unanticipated at the time of budgeting for Fiscal Year 2000.
RECOMMENDATION: That the Town vote to transfer $6,000 from Budget Line 01510-52319 (Contractual Services) to be expended under the jurisdiction of the Board of Health for the purposes of Article 20.
EXPLANATION: The air flow meter is needed by the Health Agent to test air exchange systems in restaurants to insure compliance to the Smoking Regulations Personal computers are necessary in this department to use septic tracking systems provided by the State.
To see if the Town will vote to appropriate the sum of Eight Thousand Two Hundred and Fifty Dollars ($8,250) for the purpose of replacing the 800 MHz radio equipment currently used by the Harbor Master/Waterways Department and purchasing two new police/fire compatible handheld radios, to determine how the same shall be raised and by whom expended. Or do or take any other action in the matter. On request of the Harbor Master.
RECOMMENDATION: That the Town vote to transfer $8,250 from Certified Free Cash to be expended under the jurisdiction of the Harbor Master for the purposes of Article 21.
EXPLANATION: This money will be used to purchase five handheld and one base station 900 MHZ radios used for all the department's internal communications. The 800 MHZ system previously used was discontinued. Two new handheld radios will be purchased to enable the department to communicate directly with the police and fire departments.
To see if the Town will vote to appropriate the sum of Four Thousand Six Hundred Dollars ($4,600.) for the purpose of replacing seven pole lights at the Town Marina, 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 Waterways Committee.
RECOMMENDATION: That the Town vote to transfer $4,600 from Certified Free Cash to be expended under the jurisdiction of the Waterways Committee for the purposes of Article 22.
EXPLANATION: The Town Electrician has determined that the existing pole lights need replacement due to their poor condition and structural integrity.
To see if the Town will vote to transfer the sum of Twenty Thousand Dollars ($20,000) from the Reserve/Appropriation Waterways Fund for the purpose of reconstructing the boat-launching ramp at Great Harbor Woods Hole. Or do or take any other action in this matter. On request of the Waterways Committee.
RECOMMENDATION: That the Town vote to transfer $20,000 from the Reserve/Appropriation Waterways Fund to be expended under the jurisdiction of the Waterways Committee for the purposes of Article 23.
EXPLANATION: The April 1999 Special Town Meeting approved a transfer of $40,000 for this project. Modifications to the construction plans have increased the expected cost. The new plans will insure the ramp remains in good working order for many years.
To see if the Town will vote to appropriate Twenty-six Thousand Two Hundred Thirty-two Dollars ($26,232) for the purpose of resurfacing the parking lots at Old Silver Beach. 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 Beach Committee.
RECOMMENDATION: That the Town vote to transfer $26,232 from Certified Free Cash to be expended under the jurisdiction of the Public Works Director for the purposes of Article 24.
EXPLANATION: The parking lots at Old Silver Beach are in poor condition, are often flooded, and are a liability risk.
To see if the Town will vote to appropriate Thirty-two Thousand Dollars ($32,000) for the purpose of funding the 2002 revaluation of theTown 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: That the Town vote to transfer $32,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Assessors for the purposes of Article 25.
EXPLANATION: Funding in this article will complete the work necessary for the FY 2002 revaluation.
To see if the Town will vote to appropriate Four Thousand Five Hundred Dollars ($4,500) for the purchase of computer equipment for the Building Department, 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 Building Commissioner.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $4,500 from Certified Free Cash to be expended under the jurisdiction of the Building Commissioner for the purposes of Article 26.
EXPLANATION: The purchase of new computer equipment will allow the Building Department to proceed to modernize the department which will provide for more efficiency in the permitting process.
To see if the Town will vote to appropriate Five Thousand Five Hundred Dollars ($5,500) for the purchase of a portable sawmill, 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 Public Works Director.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,500 from Certified Free Cash to be expended under the jurisdiction of the Public Works Director for the purposes of Article 27.
EXPLANATION: The portable sawmill will allow the Parks Department to recycle large trees into lumber for posts and rails.
To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000) for the purchase of tools for the Town Electrician, 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: That the Town vote to transfer $5,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 28.
EXPLANATION: Additional tools must be provided to the Town Electrician in order for him to accomplish the many varied jobs that are required.
To see if the Town will vote to appropriate Fifteen Thousand Dollars ($15,000) for the purposes of Professional/Contractual Services for the Conservation Commission, 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 $15,000 from Certified Free Cash to be expended under the jurisdiction of the Conservation Commission for the purposes of Article 29.
EXPLANATION: Due to a changeover of personnel during the past year there is a backlog of work in the Conservation Department. The temporary help provided in this article is expected to bring the department up to date.
To see if the Town will vote to appropriate One Thousand Dollars ($1,000) for the purpose of funding the design for intersection ladder board instruction signs for the Town, 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: Indefinite Postponement.
EXPLANATION: This article funds the design only of the signs.
To see if the Town will vote to appropriate Two Thousand Dollars ($2,000) for the purposes of funding administrative costs of the Land Bank Committee, 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): That the Town vote to transfer $2,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 31.
EXPLANATION: The Land Bank Committee needs to have funding for secretarial services to record its meetings.
To see if the Town will appropriate the sum of Five Thousand Dollars ($5,000) for the purpose of providing matching funds for costs associated with conducting a survey and preparing a Plan to be submitted to the Secretary of State in application for a Documentary Heritage Grant. 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 Falmouth Historic Commission and the Town Clerk.
RECOMMENDATION: That the Town vote to transfer $5,000 from Certified Free Cash for the purposes of Article 32 to be expended under the jurisdiction of the Town Clerk.
EXPLANATION: There are old Town records dating back to 1700 in the Town Clerk's Office and at the Historical Society which provide a valuable history of the Town of Falmouth. Due to age and use, they are deteriorating and should be preserved. This article will provide matching funds for a grant to begin a program to survey the historical records, educate the public about their value, document Falmouth's History, and preserve existing records while improving their accessibility to the public. Collaborating organizations in Falmouth will be the Town Clerk's Office, the Public Library, the Falmouth Historical Commission, the Falmouth Historical Society, and the Woods Hole Historical Collection.
To see if the Town will appropriate Three Hundred Three Thousand Eight Hundred Thirty-two Dollars and Twenty-four Cents ($303,832.24) under Chapter 127; Acts of 1999 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.
RECOMMENDATION: That the Town vote to appropriate $303,832.24 under Chapter 127; Acts of 1999 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. Said funds to be expended under the jurisdiction of the Board of Selectmen.
EXPLANATION: The appropriation of Chapter 90 funds provides for 100% reimbursement for work done on Town accepted roads.
To see if the Town will vote to implement the following changes in the Town's Position Classification Plan:
DELETE: Assistant to the Town Administrator Grade 10 ADD: Assistant Town Administrator Grade 15 DELETE: Administrative Assistant Grade 10 DELETE: Assistant Personnel Director (part-time) Grade 9 ADD: Assistant to Administrator/Personnel (full-time) Grade 9
Or do or take any other action in this matter. On request of the Town Administrator.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 34 as printed.
EXPLANATION: This reclassification strengthens our management capacity without increasing the overall salary budget. More responsibilities are assigned to the Assistant Town Administrator, and the Administrative Assistant position is combined with an existing position in the Personnel Department.
To see if the Town will vote to appropriate the sum of Two Hundred Fifteen Dollars ($215.) for the purpose of implementing the following change in the Town's Position Classification Plan:
DELETE: Senior Office Assistant/Health Dept. Grade 6 ADD: Administrative Clerk Grade 7
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 Health Agent.
RECOMMENDATION: That the Town vote to transfer $215 from Certified Free Cash for the purposes of Article 35 to be expended under the jurisdiction of the Health Agent.
To see if the Town will vote to appropriate Nine Thousand Nine Hundred Ninety-seven Dollars ($9,997) for the purpose of implementing the following change in the Town's Seasonal/Intermittent Classification Plan:
DELETE: (4) Parking Lot Attendants $6.75/hr. ADD: (4) Head Parking Lot Attendants $8.45/hr. ADD: Swim Program Director - Beach Committee $10.52/hr.
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 Beach Committee.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $9,997 from Certified Free Cash to be expended under the jurisdiction of the Beach Committee for the purposes of Article 36.
EXPLANATION: The creation of four Head Parking Lot Attendants is necessary to hire employees to oversee the operations at the parking lots. There were several incidents at parking lots last summer, one resulting in an attendant being struck. One person has been doing the work of both Head LifeGuard and Swim Program Director; it is necessary to create a new position to ease the workload.
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): Indefinite Postponement.
EXPLANATION: Discussions on this matter were ongoing at the time of Finance Committee deliberations.
To see if the Town will vote to transfer a sum of money from Certified Free Cash for the purchase of a Visual Imagery System for the Falmouth Fire Department. On request of Julene Augusta Metell.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the Fire Chief for the purposes of Article 38.
EXPLANATION: The Visual Imaging Camera allows the firefighter through heat sensing technology to locate victims or hidden fire in a smoke filled building. The spouses of the firefighters are conducting a fundraising project to purchase a camera. Two cameras are recommended for optimum safety and protection. The Finance Committee recommends that the Town buy one camera and encourages this group to continue its efforts to purchase a second one.
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 in this matter. On request of the Finance Committee and the Board of Selectmen.
RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting floor.