Falmouth, Massachusetts
Spring 2003 Town Meeting
Monday, April 7, 2003
and
Special Town Meeting
Tuesday, April 8, 2003

ANNUAL TOWN MEETING - Monday, April 7, 2003

ARTICLE 1:

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.

ARTICLE 2:

To hear reports of Committees and Town Officers and act thereon.

RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.

ARTICLE 3:

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.

ARTICLE 4:

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 this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 4 as printed.

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.

ARTICLE 5:

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 State requires a yearly vote of Town Meeting in order to perform its work on or along our shores.

ARTICLE 6:

To see if the Town will vote to fix the salaries of the Elected Officials as follows:

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.

ARTICLE 7:

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.

ARTICLE 8:

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: Programs in the Recreation Department are funded in the budget. This account is used for special projects by the department and the Board of Selectmen must approve expenditures.

ARTICLE 9:

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 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. The School Department projects revenue of $350,000 during Fiscal Year 2003.

ARTICLE 10:

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 for the purposes of Article 10 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: This is a routine article that funds any line of duty injury expenses that are not covered by insurance.

ARTICLE 11:

To see if the Town will vote to amend the Town's Position Classification Plan in the following manner:

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 11 as printed.

EXPLANATION: The Town's municipal facilities have expanded over the last five years without any increase in the facilities maintenance staff. The Finance Committee views this as a necessary step to provide the proper maintenance of our buildings.
Please see Page 11 of the Budget Pages.

ARTICLE 12:

To see if the Town will vote to appropriate the sum of $12,355 for the purpose of funding the following changes in the Town's position Classification Plan as follows:

Position Title	Current Classification (Grade)	Proposed Classification
Chief Harbor Master	14	M-09
Director of Assessing	16	M-09
Director of Natural Resources	14	M-09
Health Agent	14	M-09
Shellfish Constable/ Asst.Director of Natural Resources	10	M-07
Facilities Maintenance Coordinator	11	M-06
Zoning Administrator	11	M-06
Director of Veterans Services	10	M-05

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $12,355 for the purposes of Article 12 to be suitably distributed by the Town Accountant to the accounts affected.

EXPLANATION: This article places the Department Administrative positions that are in the AFSCME Union on the same pay level as those in the Technical/Administrative and Management group. Although the cost of the article is $12,355, it is expected there will be some savings in overtime costs.

ARTICLE 13:

To see if the Town will vote to appropriate the sum of $2,226 for the purpose of amending the Town's Position Classification Plan as follows:

Position Title	Current Classification (Grade)	Proposed Classification
Assistant Superintendent of Parks, Forestry and School Grounds	11	12
Drawbridge Tender	03	05
Mechanic Welder of Parks, Forestry and School Grounds	08	09

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $2,226 for the purposes of Article 13 to be suitably distributed by the Town Accountant to the accounts affected.

EXPLANATION: These positions were studied and judged to be in need of reclassification.

ARTICLE 14:

To see if the Town will vote to create the following new position in the Town's Position Classification Plan:

Add   G.I.S./Conservation Technician     Grade M-03

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 14 as printed.

EXPLANATION: This position will assist in the caseload of the Conservation Commission and will support the G.I.S. department to better implement the system.
Please see Page 11 of the Budget Section.

ARTICLE 15:

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

DELETE:

    3 Public Works Laborers - Grade 4 - Highway Department
    2 Public Works Laborers - Grade 4 - Parks Department

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 15 as printed.

EXPLANATION: These positions have not been filled for a number of years and should be deleted.

ARTICLE 16:

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 2004 Budget appears in the middle of the Warrant Booklet.

ARTICLE 17:

To see if the Town will vote to amend Section 240-23.I.(1) and Section 240-38.I.(1) of the Zoning Bylaw by adding the words "or owned by a non-profit organization or government authority whose purpose is to provide affordable housing." so as to read:

"The principal or accessory unit must be owner-occupied for a period of seven months in every calendar year or owned by a non-profit organization or government authority whose purpose is to provide affordable housing."

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

RECOMMENDATION (Planning Board): That the town vote Article 17 as printed in the warrant.

EXPLANATION: This article amends the Zoning Bylaw to allow non-profit organizations and government authorities, whose objective is to provide affordable housing, to apply to the Board of Appeals for a special permit to add an accessory apartment to a single-family home under their ownership. The other standards and requirements (such as a minimum lot size of 15,000 sq. ft., nitrogen reduction in resource districts, compatibility with the neighborhood, etc.) shall all apply to non-profit organizations and government authorities. The Planning Board believes this amendment will provide an opportunity to expand the inventory of affordable units within the community, and recommends the Article to Town Meeting.

ARTICLE 18:

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, Massachusetts, for the purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided in either 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:

Land owned now or formerly by Boulevard Bank, NA Trustee. Consisting of a parcel of 71.33 acres, more or less, located off Carriage Shop Road, as shown on Assessors Map 21, Section 09, Parcel 002, Lot 001 and described on Land Court Plan 3954A; further described in Certificate of Title 112487 registered in Barnstable County Land Court.

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 relation to the foregoing acquisition and to enter into any agreements 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 this matter. On request of the Board of Selectmen.

See Map 1

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement had been reached when the Finance Committee considered the article.

ARTICLE 19:

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, Massachusetts, for the purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided in either 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:

PARCEL 1:

Land now or formerly of Gauldino Gonsalves, approximately 2.1 acres, more or less, and being shown on Assessors Map #34, Section 02, Parcel 007, Lot 000, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00406, Page 0041. Said land to be under the jurisdiction of the Conservation Commission.

PARCEL 2:

Land now or formerly of Carl A. Allen, approximately 5.5 acres, more or less, being an easterly portion of land shown on Assessors Map #34, Section 02, Parcel 003, Lot 000 as a 7.88-acre parcel, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 01736, Page 0195. Said land to be under the jurisdiction of the Conservation Commission.

PARCEL 3:

Land now or formerly of Marilyn P. Costa, approximately 1.7 acres, more or less, and being shown on Assessors Map #39, Section 11, Parcel 001A, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00731, Page 0267. Said land to be under the jurisdiction of the Conservation Commission.

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 relation to the foregoing acquisition and to enter into any agreements 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 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 this matter. On request of the Board of Selectmen.

See Maps 2 and 3

RECOMMENDATION (Finance Committee): That the Town vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, 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 the Conservation Commission and being described as follows:

PARCEL 3:

Land now or formerly of Marilyn P. Costa, approximately 1.7 acres, more or less, and being shown on Assessors Map #39, Section 11, Parcel 001A, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00731, Page 0267.

and, further, the sum of $15,900.00 is appropriated to pay for the acquisition for 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, 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: Parcel 3 is at the entrance to Perch Pond and this purchase will give the Town control over the mouth of the inlet and Town ownership will provide protection of the beach end shoreline. No agreement has been reached on Parcels 1 and 2.

ARTICLE 20:

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, Massachusetts, for the purpose of open space, public recreation or other municipal purposes, said land to be under the jurisdiction and control of the Board of Selectmen as specified and being described as follows:

Land now or formerly of Augusta Realty Company of Falmouth Inc., approximately 23.7 acres, more or less, and being shown on Assessors Map #34, Section 04, Parcel 036, Lot 000C, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 01286, Page 0900. Said land to be 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 relation to the foregoing acquisition and to enter into any agreements 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 this matter. On request of the Board of Selectmen.

See Map 4

ARTICLE 21:

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, Massachusetts, for the purpose of open space, water resource protection, public recreation or other municipal purposes, as provided in either Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of the Board of Selectmen as specified and being described as follows:

Land now or formerly of Elizabeth J. Haddad, approximately 82,912 square feet, more or less, and being shown on Assessors Map #45, Section 21, Parcel 001, Lots 001, 002, 003 and 004 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00960, Page 0074. Said land to be 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 relation to the foregoing acquisition and to enter into any agreements 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 this matter. On request of the Board of Selectmen.

See Map 5

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement had been reached when the Finance Committee considered the articles.

ARTICLE 22:

To see if the Town will vote to appropriate a sum of money for the purpose of purchasing furniture and equipment for the Mullen School Construction project and to determine whether to raise this appropriation by borrowing or otherwise and by whom expended; provided, however, that no sums shall be borrowed hereunder unless the Town shall have voted at a town election to exempt the amounts required to pay for the bonds and notes issued for the project from the provisions of Proposition 2 1/2, so called. Or do or take any other action in this matter. On request of the School Committee.

RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $552,750 for the purpose of purchasing furniture and equipment for the Mullen School Construction Project and that to raise this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum of money under the provisions of G.L. ch. 44 7(3a) or any other enabling authority,
and to issue bonds and notes of the Town therefore; provided, however, that no sums shall be borrowed hereunder unless the Town shall have voted at a town election to exempt the amounts required to pay for the bonds and notes issued for the project from the provisions Proposition 2 1/2 , so called. Or the Department of Revenue determines that said sum may be borrowed in accordance with the previous vote of the town a question on the ballot of the May 1999 annual town election which passed by a majority vote.

EXPLANATION: The Mullen School project was approved by the April 1999 Annual Town Meeting. The contract for general construction was awarded in December 2001. While the furnishings and equipment were included in the original cost of the project, the actual low bid for the general construction was approximately $1,700,000 higher than previously estimated. The budget estimate for furnishings and equipment was deleted in order to cover some of the unexpected cost increase for general construction. The additional funding is needed to complete the project.

ARTICLE 23:

To see if the Town will vote to appropriate a sum of money for construction of the renovation and addition of the Department of Public Works Maintenance Facility on Gifford Street, including costs incidental and related thereto, and to determine whether to raise this appropriation by borrowing, or otherwise; provided that no sums shall be borrowed unless the Town shall have voted at a Town Election to exempt the amounts required to pay for the bonds or notes issued for the project from the provisions of Proposition 2 1/2, so called, 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 appropriate the sum of $5,778,750.00 for construction of the renovations and addition to the Department of Public Works Maintenance Facility on Gifford Street, including costs incidental and related thereto, and the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under the provisions of G.L. chapter 44 7(3A) or any other appropriate authority and to issue bonds and notes of the town therefore; provided, however, that no sum shall be expended under this appropriation unless the town shall have voted to exempt amounts required to pay the notes and bonds issued for the project from the provisions of Proposition 2 1/2 , so called, said sum to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The present facility was built in 1965 and needs to be brought up to current standards. Indoor parking is inadequate for the vehicles and equipment of the department. The proposed facility will provide for an indoor wash facility using recycled water. Parking provisions will also provide for the future needs of the Town. This project has been planned for in the Capital Improvement Program for several years. It is time to place the issue on the ballot.

ARTICLE 24:

To see if the Town will vote to appropriate a sum of money for the purpose of restoring the municipal water plant known as the Long Pond Pumping Station and to determine whether to raise this appropriation by borrowing or otherwise, and by whom expended. Or do or take any other action in this matter. On request of the Utilities Manager.

RECOMMENDATION (Finance Committee: That the town vote to appropriate the sum of $1,206,000.00 for the purpose of restoring the municipal water plant known as the Long Pond Pumping Station and that the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under the provision of G.L. Chapter 44 7(3A) or any other appropriate authority and to issue bonds and notes of the town therefore, said sum to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Long Pond Pumping Station provides over two-thirds of the Town's water supply and is in dire need of repairs. The building was constructed in 1898. Much of the electrical system is antiquated and in danger of imminent failure. The condition of the building is a liability to the Town and must be corrected.

ARTICLE 25:

To see if the Town will vote to appropriate a sum of money for the purpose of constructing 6,300' of 12" water main along Red Brook/Ostrom Roads, to determine whether to raise this appropriation by borrowing or otherwise, and by whom expended. Or do or take any other action in this matter. On request of the Utilities Manager.

See Map 6

RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $653,250.00 for the purpose of constructing 6300 feet of 12" water main on Red Brook Road and Ostrom Road and the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under provision of G.L. Chapter 44 8(5) and to issue bonds and notes of the town therefore, said sum to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: This transmission main will connect the area south of Route 28 and east of Metoxit Road with a second source of supply that will ensure continuous water supply during the Meadow Neck Road Bridge reconstruction. At present, the area is served by undersized dead-end mains.

ARTICLE 26:

To see if the Town will vote to appropriate Fifteen Thousand Dollars ($15,000) from Land Bank receipts for the purpose of paying administrative fees for costs related to Land Bank purchases 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 26 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Town is reimbursed for appraisals of Land Bank parcels.

ARTICLE 27:

To see if the Town will vote to accept the following section of M.G.L. 31s

Section 58A. Municipal police officers and firefighters; maximum age restrictions

Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district that accepts this section, no person shall be eligible to have his name certified for original appointment to the position of firefighter or police officer if such person has reached his thirty-second birthday on the date of the entrance examination. Any veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty, but in no case shall said candidate for appointment be credited more than four years of active military duty.

Or do or take any other action in this matter. On request of the Police Chief and the Fire Chief.

RECOMMENDATION (Board of Selectmen): As Printed.

EXPLANATION: The Police Chief and Fire Chief propose this article to ensure that new Police Officer and Fire Fighter service begins prior to a maximum age of 32.

ARTICLE 28:

To see if the Town will accept the provisions contained within MGLA Ch. 32 90A, which allows members of the Falmouth Retirement System who were retired under Accidental Disability to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid. And to appropriate a sum to cover these increases, how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to accept the provisions contained within MGLA Ch. 32 90A, which allows members of the Falmouth Retirement System who were retired under Accidental Disability to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid.

EXPLANATION: The Retirement Board has been working to have the Town accept the Massachusetts General Laws referred to in Articles 28, 29 and 30 for several years due to its concern with the unrealistic amount of retirement received by some employees who retired many years ago. Funding, which is projected to be $111,000 per year for the three articles combined, will be included in the retirement budget after the next actuarial study is done. Increases will become effective on acceptance of these articles. Approximately 50 retirees will be affected. Town Meeting last voted on this matter in 1969.

ARTICLE 29:

To see if the Town will accept the provisions contained within MGLA Ch. 32, 90C, which allows members of the Falmouth Retirement System who were retired under Superannuation Retirement, including Non-Contributory Retirees, with at least 25 years of service to the Town of Falmouth to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid. And to appropriate a sum to cover these increases, how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to accept the provisions contained within MGLA Ch. 32, 90C, which allows members of the Falmouth Retirement System who were retired under Superannuation Retirement, including Non-Contributory Retirees, with at least 25 years of service to the Town of Falmouth to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid.

EXPLANATION: See explanation of Article 28.

ARTICLE 30:

To see if the Town will accept the provisions contained within MGLA Ch. 32 90D, which allows members of the Falmouth Retirement System who were retired under Ordinary Disability with at least 25 years of service to the Town of Falmouth, to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid. And to appropriate a sum to cover these increases, how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to accept provisions contained within MGLA Ch. 32 90D, which allows members of the Falmouth Retirement System who were retired under Ordinary Disability with at least 25 years of service to the Town of Falmouth, to have their pensions increased up to an amount, not to exceed half, of what the position they were retired from is currently being paid.

EXPLANATION: See explanation of Article 28.

ARTICLE 31:

To see if the Town will vote to amend Chapter 184 of the Town Sign Code Bylaw as follows:

184-30 -Movable, portable or mobile signs

C.

1.     Special events or promotions. A business or community service may have one (1) movable, portable or mobile banner or sign on its premises, not to exceed sixteen (16) square feet, not more than two (2) times nor more than a total of thirty (30) days per calendar year, in addition to other permitted signs. Such signs shall be required to have permits, but permit fees shall be waived.

2.     Special events or promotions. A business or community service may have one (1) movable, portable or mobile banner or sign on its premises, not to exceed thirty-two (32) square feet for a period not to exceed 72 hours, not more than two (2) times per calendar year, in addition to other permitted signs. Bunting, pennants and flags will be permitted during this time period. Balloons and other air filled devices shall not exceed 12" in diameter. A total of three (3) off-premises signs not exceeding two (2) square feet each are permitted. Such signage shall be required to have permits, but permit fees shall be waived.

184-37 - Wall and roof signs

D.

Such signs shall have a total area not exceeding one and five-tenths (1.5) square feet for each horizontal foot of building face parallel to a street line, or ten percent (10%) of the wall area to which it is attached, whichever is less. If the subject wall is between 51 feet and 65 feet in length, the allowable percentage for a wall sign shall be seven percent (7%) of the wall area to which it is attached. If the subject wall exceeds sixty-five (65) feet in length, the allowable percentage for a wall sign shall be five percent (5%) of the wall area to which it is attached. For a roof sign above such walls as described above, the allowable percentage of a roof sign shall be the same as allowed for a wall sign below the roof to which its is attached. The area of window signs shall be deducted per Section 184-38B.

Or do or take any other action in this matter on request o the Design Review Committee.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: This article should be reviewed by other regulatory boards and committees. As printed, this article adds substantially to signs and other attractions available to businesses and private non-profits for limited periods of time. This additional access to signs and other appurtenances (flags, bunting, balloons) may create an increase in Zoning Enforcement and visual nuisances.

ARTICLE 32:

To see if the Town will vote to accept the doings of the Selectmen in the laying out of the following listed roads according to a plan on file with the Town Clerk for taking as a public way:

STREET	LENGTH
Edgewater Drive East	2255'
Andy' Lane	430'
Kettle Hole Road	1020'
Trickett Street	515'
Teneycke Hill Road	1000'

Under the provisions of Chapter 80 of the Massachusetts General Laws, the cost will be recovered by 100% betterment assessments to the land that receives the benefit. Or do or take any other action in this matter. On request of the Board of Selectmen.

See Maps 7, 8, 9 and 10.

RECOMMENDATION (Board of Selectmen): As Printed

EXPLANATION: This is a required step in the Road Taking Process under the 100% Betterment Program.

ARTICLE 33:

To see if the Town will vote to accept the doings of the Selectmen in the laying out of the following listed roads according to a plan on file with the Town Clerk for taking as a public way:

STREET	LENGTH
Esker Place	1,241'
Pacheco Path	550'

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

See Maps 11 and 12.

RECOMMENDATION (Board of Selectmen): As Printed

EXPLANATION: This is a required step in the Road Taking Process.

ARTICLE 34:

To see if the Town will vote to appropriate Forty Thousand Dollars ($40,000) from Land Bank receipts for the purpose of a restoration project on the Cape & Islands Seafoods parcel, so-called, which purchase was authorized by Article 13, paragraph D of the November 2000 Annual Town Meeting. 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.

See Map 13.

RECOMMENDATION (Finance Committee): That the Town vote Article 34 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The purchase of this land was approved by the November 2000 Town Meeting with a closing date in 2003 after the completion of gravel mining. The owner will bring the property to Town approved inspection condition as per the purchase agreement, and then as agreed upon, the Town will complete the reclamation process with this funding to do plantings and other restoration work.

ARTICLE 35:

To see if the town will vote to transfer excess funds of Eighteen Thousand Four Hundred Seventy-six Dollars ($18,476) from Line 01295-58012 - Article 37 of the November 2001 Town Meeting - Harrington Street Ramp - back into the Reserve/Waterways Appropriation Fund, or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 35 as printed to be expended under the jurisdiction of the Waterways Committee.

EXPLANATION: The ramp construction was completed for less money than expected. This money originally came from the Reserve/Waterways Appropriation Fund and should be returned to the fund for use on future waterways projects.

ARTICLE 36:

To see if the Town will vote to amend Section 4 of Chapter 87 - Dogs - of the Code of Falmouth by adding between "May 1st and October 1st" so as to read "No dogs or other animals shall be brought upon any of said public beaches nor permitted thereon between May 1st and October 1st." Or do or take any other action in this matter. On request of the Beach Committee.

RECOMMENDATION (Board of Selectmen): As Printed

EXPLANATION: This article responds to a request of the Board of Selectmen to provide a bylaw that prohibits dogs from beaches and is enforceable.

ARTICLE 37:

To see if the Town will vote to adopt the following Resolution:

Whereas, Cape Cod and the Town of Falmouth are situated in an area relative to a nuclear power plant as described in House of Representative Bill Number 4913 and may be affected in the event of a release of radiation, accidental or otherwise, and

Whereas, there are limited escape routes for the people in this area, and

Whereas, the aforementioned bill provides for obtaining a supply of potassium iodide for protection from thyroid cancer at no cost to the Town.

The Town of Falmouth therefore votes to accept potassium iodide from the nuclear Regulatory Commission's Potassium Iodide Stockpiling Program or the operators of the Plymouth Nuclear Power Station. The Town further votes to commission the Board of Health to develop and distribute educational materials to apprise the general public of the issues regarding the use of potassium iodide. Further, the Board of Health will formulate a storage and distribution plan that is consistent with forthcoming regulations of the Massachusetts Department of Public Health and coordinates with Town of Falmouth Fire and Police Departments, Emergency Management personnel and other entities and town departments as the Board of Heath deems necessary to ensure the timely distribution of potassium iodide should it become necessary.

Or do or take any other action in this matter. On request of the Board of Health.

RECOMMENDATION (Board of Selectmen): As Printed.

EXPLANATION: The resolution proposed explains the need for this request.

ARTICLE 38:

To see if the Town will vote to amend the Code of Falmouth to include the following:

Anti-noise bylaw: Muffler or muffler system; motorboat noise level violation

Every motorboat operated on the waters of Falmouth shall be equipped at all times with a muffler or a muffler system that is in good working order, in constant operation, and effectively installed to prevent excessive or unusual noise. No person shall operate a motorboat on the waters of Falmouth in any manner that bypasses or otherwise reduces or eliminates the effectiveness of any muffler or muffler system installed in accordance with this section. No person shall operate a motorboat on the waters of Falmouth in such a manner as to exceed a noise level of 88 dB on the "A" scale (dBA) when subjected to a stationary sound level measurement at a distance of 3 feet (or More) astern of the motorboat with its engine at idle speed. No person shall operate a motorboat on the waters of Falmouth in such a manner as to exceed a noise level of 75 dBA measured from the shoreline or edges of the harbors. Measurement of a noise level of not more than 75 dBA of a motorboat in operation does not preclude the conducting of a stationary sound level test as prescribed above. The Harbormaster, Assistant Harbormaster or law enforcement officer who has reason to believe that a motorboat is not in compliance with noise levels established in this section may direct the operator of the motorboat to submit it to an on-site test to measure the level of the noise emitted by the motorboat. The operator shall comply with that direction. The Harbormaster, Assistant Harbormaster, or officer may remain aboard the motorboat during the test at his discretion. If the level of the noise emitted by the motorboat exceeds the noise levels established in this section, the Harbormaster, Assistant Harbormaster, or law enforcement officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the motorboat to a mooring or dock, stopping the motor and keeping the boat there until the violation is corrected or ceases. Any person convicted of violating this bylaw shall be fined not less that $100 for the first offense, not less that $500 for the second offense and not less that $1,000 for the third or subsequent offense.

Or do or take any other action in this matter. On request of Philip Richardson and others.

RECOMMENDATION (Board of Selectmen): The Board of Selectmen will make its recommendation on Town Meeting Floor.

EXPLANATION: Town Counsel has proposed an alternate bylaw that should be reviewed by the petitioner and the Town Administrator and proposed for consideration at this or a future Town Meeting.

ARTICLE 39:

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.

SPECIAL TOWN MEETING - Tuesday, April 8, 2003

ARTICLE 1:

To see if the Town will vote to appropriate a sum of money 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 in this matter. On request of the Board of Selectmen.

Building Department     Nextel         $138.92

RECOMMENDATION (Finance Committee): That the Town vote to transfer $635.06 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 1 with the following additions:

Substance Abuse Comm.	WRS Group LTD	$98.40
Human Services	VNA of Cape Cod	$103.50
D.P.W.	Staples	$227.10
Police Department	Staples	$67.14

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

ARTICLE 2:

To see if the Town will vote the following changes to the Fiscal Year 2003 operating budget to reduce the appropriation voted at the April 2002 Annual Town Meeting:

Employee Benefits, longevity	01919-51142	-10,000
Town Insurance	01993-57740	-15,000
Water Division, salaries	01451-51110	-25,000
Sewer Division, salaries	01440-51110	-20,000
School Department- Salaries	01300-51110	-17,500
School Department - Unclassified	01300-57780	-17,500
Short Term Unexcluded Debt	01756-59925	-30,000
	TOTAL	-$135,000

Or do or take any other action in this matter.On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to decrease the Fiscal Year 2003 Operating Budget as stated in Article 2 and to reduce the amount that was transferred from Certified Free Cash and, further, to reduce the total budget to the amount of $77,269,357.

EXPLANATION: Due to state budget cuts, it is necessary to reduce the Fiscal Year 2003 Operating Budget by the amount of $135,000. These reductions will not result in any decrease in core services, nor will they require any layoffs at this time. The Town is required to have a balanced budget.

ARTICLE 3:

To see if the Town will vote to amend Article X - Business Districts - of the Zoning Bylaw by deleting 240-51.A. (11) and inserting in its place the following:

240-51.A. (11)

a)

By special permit from the Planning Board: Any new construction of a business or commercial shopping center with a proposed gross floor area of 7,000 square feet or more.

b)

by special permit from the Board of Appeals: Any change, alteration, modification, or addition to an existing business or commercial shopping center that would result in a building with a gross floor area of 10,000 square feet or more.

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

RECOMMENDATION (Planning Board): That the town vote Article 3 as printed in the warrant.

EXPLANATION: This article lowers the threshold for a special permit for commercial projects (located in Business Districts) proposing new construction from the current 10,000 sq. ft. to 7,000 sq. ft., and changes the permit granting authority from the Board of Appeals to the Planning Board. The threshold for changes, modifications or additions to existing commercial structures will remain at 10,000 sq. ft. and under the granting authority of the Board of Appeals. The Planning Board feels that 7,000 sq. ft. is an appropriate threshold to review and permit new commercial projects that have town and village-wide impacts, but are currently only reviewed under Site Plan Review (an administrative review limited in scope and authority). A special permit for new construction would provide the Planning Board with the authority to involve the public and shape these significant projects in a way that benefits both the town and the developer. The threshold for changes, modifications or additions was left at 10,000 sq. ft. to allow existing businesses to reasonably expand without additional permitting. The Board of Appeals is the logical permitting authority for changes and additions because they typically rule on such plans through the permitting process for alterations to non-conforming structures.

ARTICLE 4:

To see if the Town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding "nor area of basements not open to the public that are used solely for the owner's and tenant's storage of merchandise or supplies" to the term LEASEABLE (GROSS) FLOOR AREA so as to read:

LEASABLE (GROSS) FLOOR AREA -- the sum of the gross horizontal areas of all floors of all buildings on the lot measured from the exterior faces or walls. This shall include the area of basements used for custodial, commercial, industrial or residential purposes but not that area for housing of mechanical or central heating equipment of the building, nor area of basements not open to the public that are used solely for the owner's and tenant's storage of merchandise or supplies.

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

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

EXPLANATION: This article amends the definition of Leasable (Gross) Floor Area to discount square footage of basement areas used solely for the storage of merchandise or supplies from the floor area calculation. The intent of this amendment is to encourage and enable businesses to use their basements for storage of necessary merchandise and supplies on-site, which may reduce the need for businesses to construct larger structures above-grade and/or use off-site storage facilities or warehouses.

ARTICLE 5:

To see if the Town will vote to appropriate a sum of money for the purpose of purchasing furnishings and equipment for the recently renovated Fire Headquarters and 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 Fire Chief.

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 5.

EXPLANATION: This funding is to purchase additional furnishings for the public use meeting rooms and the Town-wide emergency center.

ARTICLE 6:

To see if the Town will vote to transfer One Hundred Fifty Thousand Dollars ($150,000) from Article 18 of the November 2001 Town Meeting Budget Line 01122-58064 to Budget Line 01451-57788 (Regional Water Cooperative) and to determine 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 $150,000 to Article 6 to be expended under the jurisdiction of the Water Superintendent.

EXPLANATION: Article 18 of the November 2001 Annual Town Meeting appropriated funding specifically for the purchase of water from January 1, 2002 through June 30, 2002. No water was purchased during that period, so a Town Meeting article is required to allow the funding to be used now.

ARTICLE 7:

To see if the Town will vote to amend the Town's Classification Plan as follows:

DELETE:	Fire Alarm Technician
ADD:	Fire Inspector/Fire Alarm Technician

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to amend the Town's Classification Plan as follows:

DELETE:	Fire Alarm Technician
ADD:	Fire Inspector

EXPLANATION: This is a housekeeping article that defines the expanded duties of this position.

ARTICLE 8:

To see if the Town will vote to transfer the sum of Thirty-nine Thousand Dollars ($39,000) from the Reserve/Waterways Appropriation Fund for the purpose of replacing the engines on the main patrol boat 104 with new clean burning 4-stroke engines. Or do or take any other action on this matter. On request of the Harbor Master.

RECOMMENDATION (Finance Committee): That the Town vote Article 8 as printed to be expended under the jurisdiction of the Harbor Master.

EXPLANATION: The engines were originally scheduled for replacement in the fall capital budget; however, the state has recently approved reimbursements for larger size 4-stroke engines as part of its 2-stroke engine buyback program. A 50% reimbursement of this expenditure is expected from the 4-stroke grant program administered by Massachusetts Coastal Zone Management.

ARTICLE 9:

To see if the Town will vote to appropriate $318,556.90 under Chapter 53C 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 (Finance Committee): That the Town vote Article 9 as printed 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. This article appropriates the third and final installment of funding from Chapter 53 of the Acts of 1999.

ARTICLE 10:

To see if the Town will vote to appropriate $637,113.80 under Chapter 246; Acts of 2002, 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 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 (Finance Committee): That the Town vote Article 10 as printed 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.

ARTICLE 11:

To see if the Town will vote to appropriate Twenty Thousand Dollars ($20,000) for the purpose of equipment replacement at the Municipal Fuel Center at the DPW 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.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the D.P.W. Director for the purposes of Article 11.

EXPLANATION: The April 2002 Special Town Meeting appropriated $20,000 to update the computer and environmental systems and to replace the card system with a key system. This work has been completed. This article is requested to replace pumps, cabinets, hoses, nozzles, fittings and junction boxes and to install new shielded cables. Also, grade access manholes will be sealed off and a new box drain system will be installed to contain small fuel spills in accordance with a recently completed EPA audit.

ARTICLE 12:

To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000) for the purpose of completing a Vulnerability Assessment of the Town's water system 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 Utilities Manager.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $30,000 from Certified Free Cash to be expended under the jurisdiction of the Water Superintendent for the purposes of Article 12.

EXPLANATION: A Vulnerability Assessment must be completed by December 31, 2003 in accordance with federal and state mandates. The Assessment and associated Emergency Response Plan will identify areas of concern within the water system and susceptibility to terrorist or criminal activity.

ARTICLE 13:

To see if the Town will vote to appropriate the sum of Eighteen Thousand Dollars ($18,000) for the purpose of repairing the Septage Screener at the Wastewater Treatment 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 Utilities Manager.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $18,000 to be expended under the jurisdiction of the Wastewater Superintendent for the purposes of Article 13.

EXPLANATION: The screener removes debris from incoming Septage, thus protecting plant processes. It was installed in 1995 at a cost of $80,000 and is currently inoperative pending repairs.

ARTICLE 14:

To see if the Town will vote to authorize the Board of Selectmen to transfer a parcel of land situated on Sam Turner Road, Map 11, Section 02, Parcel 004A, Lot 000 for nominal, non-monetary consideration to Habitat for Humanity of Cape Cod, Inc. for the construction on such land of housing units 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 code and subject to such terms and conditions as the Board of Selectmen deem appropriate 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:

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 affect the transfer of such land in accordance with this Article. Or do or take any other action in this matter. On request of the Board of Selectmen.

See Map 14

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

EXPLANATION: The Board of Selectmen was not prepared to make recommendation at the time of printing of this warrant.

ARTICLE 15:

To see if the Town will vote to designate the following described area as an Economic Opportunity Area (EOA) as provided under Massachusetts General Laws, Chapter 23A, Sections 3A-3H, for a term not to exceed twenty (20) years; and to provide property relief in the form of Tax Increment Financing (TIF) and/or Special Tax Assessment (STA). This EOA comprises parcels shown on the Assessors Map as 47B-03-008-000B and 47B-03-010-003 and known as 662-664 Main Street. Or do or take any other action in this matter. On request of the Board of Selectmen.

See Map 15

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Review Team was still studying this application and no decision had been made when the Finance Committee completed its deliberations.

ARTICLE 16:

To see if the Town will vote to approve the Project Certification Application submitted by Security Federal Savings Bank for the development of its project located at 662-664 Main Street and shown on the Assessors Map as 47B-03-008-000B and 47B-03-010-003. 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 the EOA, and the project as described in the Project Certification Application will increase employment opportunities for residents of Falmouth and Cape Cod. Or do or take any other in this matter. On request of the Board of Selectmen.

See Map 15

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Review Team was still studying this application and no decision had been made when the Finance Committee completed its deliberations.

ARTICLE 17:

To see if the Town will vote to direct the Conservation Commission and Board of Selectmen to develop a plan for the conservation, restoration, and management of approximately 114 acres of Town-owned land bordering the Coonamessett River, to be implemented following the conclusion of the existing lease agreement (December 31, 2003) and further, the plan shall stipulate retiring this land from agricultural activity, for the purposes of improving water quality in the river and Great Pond, restoring habitat for fish and wildlife, providing unimpeded fish passage, and ensuring enhanced public access, consistent with the Local Comprehensive Plan (as voted by Town Meeting); and further that a sum of money shall be appropriated for the purpose of this article to be spent under the jurisdiction of the Conservation Commission. The affected parcels are described as follows: Or do or take any other action on this matter.

On request of Steven Rose and others.

See Map 16

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Board of Selectmen and Conservation Commission have jointly initiated a thorough review and decision making process regarding the Town owned Cranberry Bogs and associated upland, and the potential for a future municipal lease/license for cranberry growing. This process includes opportunity for public comment. A vote of Town Meeting is premature in this process.

ARTICLE 18:

To see if the Town will vote to authorize the Conservation Commission and the Board of Selectmen, to retain agricultural use of certain Town-owned bogs that are within the Coonamessett River watershed but not directly on the river, specifically the bogs on the Flax Pond and West Thompson parcels; and further, to stipulate that any agricultural activities on said parcels, at the conclusion of the existing lease agreement (December 31, 2003), shall be managed in accordance with the regulations of the National Organic Program of the U. S. Department of Agriculture for the purposes of preserving an historic farming tradition in the Coonamessett River watershed and improving both water quality and habitat for fish in the river and Great Pond; and further that a sum of money shall be appropriated for the purpose of developing an organic farming management plan. The affected parcels are described as follows. Or do or take any other in this matter.

On request of Steven Rose and others.

See Map 17

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: See explanation for Article 17.

ARTICLE 19:

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.