Falmouth, Massachusetts
Spring 2004 Town Meeting
Monday, April 12, 2004

GTM ARTICLE 1:

To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.

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

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.

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 on this matter. On request of the Board of Selectmen.

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

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, harbors, 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 therefore to the Commonwealth. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 5 as printed.

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

Moderator Town Clerk Selectmen (4) Chairman of Selectmen

$1,500   $52,999   $3,000   $3,500

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 and, further, to raise and appropriate $1,539 to fund the included step increase for the Town Clerk, said funds to be expended under the jurisdiction of the Board of Selectmen.

To see if the Town will vote 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 $7,000 for the purpose of the article. Or do or take any other action on this matter. On request of the Town Clerk.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $7,000 to be placed in the revolving fund for the purposes of updating the Code of Falmouth. Said funds to be expended under the jurisdiction of the Town Clerk.

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 on this matter. On request of the Recreation Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 8 as printed.

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.

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 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 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.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the American Federation of State, County and Municipal Employees (AFSCME), 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant to the accounts affected for the purpose of funding the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Laborers' International Union of North America (DPW) 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant to the accounts affected for the purpose of funding the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Laborers' International Union of North America (Falmouth Public Library) 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant to the accounts affected for the purpose of funding the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and 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 the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant to the accounts affected for the purpose of funding the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Falmouth Police Federation 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant to the accounts affected for the purpose of funding the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Falmouth Police Superior Officers' Association 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate a sum of money to be distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise to all non-aligned and Technical/Administrative and Management employees in permanent positions covered by the Plan for the period commencing July 1, 2004, 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.

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

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

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 19 as printed.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 20 as printed.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 21 as printed.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 22 as printed.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 23 as printed.

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

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

RECOMMENDATION (Finance Committee): That the Town vote Article 24 as printed.

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 on this matter. On request of the Board of Selectmen.

To see if the Town will vote to amend Section §240-160 B. of Article XXX - Accessory and Temporary Uses - of the Zoning Bylaw by adding the words "a container for storage and/or" so as to read: B. A temporary permit may be issued by the Building Commissioner for the use of a container for storage and/or a trailer as a field office at a construction site during the period when construction is actually underway. A trailer used as a field office is subject to approval by the Board of Health and shall not be used for real estate purposes.

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

RECOMMENDATION (Planning Board): That the Town vote this Article as printed in the warrant.

To see if the Town will vote to amend Article XXV - Planned Residential Development - of the Zoning Bylaw by deleting the first and second sentences of §240-124 and inserting in its place the following: "When the development plan includes multifamily dwellings, the total area of the tract covered by the plan shall be at least 10 acres in RAA/AGAA /PU/RA/AGA Zoning Districts and 5 acres in RB/AGB/RC/GR Zoning Districts. Without multifamily dwellings the total area must be at least the area required for two conforming building lots under the schedule of requirements in §240-67.A for all of the eligible Zoning Districts (RAA/AGAA/PU/RA/RB/RC/AGA/AGB). " Or do or take any other action on this matter. On request of the Planning Board.

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

Amend the official zoning map of the Town of Falmouth to rezone the portion of the property on 146 Sandwich Road zoned Agricultural B to Business 3 shown on Assessors Map 34, Section 2, Parcel 035, Lot 000c including Parcels 10, 11, 12 and 12B. On request of Jayne Drew Flynn, David Drew and others.

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation at Town Meeting

Amend the official zoning map of the Town of Falmouth to rezone the portion of the property on 141 Sandwich Road zoned Agricultural B to Business 3 shown on Assessors Map 34, Section 04, Parcel 012, Lot 000A. On request of David Drew and others.

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation at Town Meeting

To see if the Town will rezone a portion of Parcel 33 20 001 000 from Residential C to Business 2. Said Parcel is located at 450 East Falmouth Highway and the area to be re-zoned contains 56, 917 square feet bounded and described as follows:

On request of Paulino P. Rodriques and Elizabeth M. Rodriques and others.

RECOMMENDATION (Planning Board): Indefinite Postponement

To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN three (3) parcels of land in Falmouth, Barnstable County, Massachusetts, described as follows:

Land now or formerly of Phyllis Chapman and Benjamin Losordo, Trustees of Home Trust being 69 Cooper Road (lot 136) Assessors Map 39 02C 000 136 as described in a deed recorded in Book 5497 Page 310, Cooper Road (Lot 133) Assessors Map 39 02C 000 133 as described in a deed recorded in Book 5497 Page 310; and Parcel 1 Irving Road Assessors Map 39 02C 001 000 described in a deed recorded in Book 5497 Page 310, all located in East Falmouth, Barnstable County, Massachusetts for the purposes of open space, public recreation or other municipal purpose as provided in either G.L. ch. 40, §8C or any other appropriate authority, said land to be under the jurisdiction and control of the Board of Selectmen or the Conservation Commission, as specified.

And, further, to appropriate 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 to the Town therefore, and by whom expended, or do or take any other action this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN three (3) parcels of land in Falmouth, Barnstable County, Massachusetts, described as follows:

Land now or formerly of Phyllis Chapman and Benjamin Lorsordo, Trustees of Home Trust being 69 Cooper Road (lot 136) Assessors Map 39 02C 000 136 as described in a deed recorded in Book 5497 Page 310, Cooper Road (Lot 133) Assessors Map 39 02C 000 133 as described in a deed recorded in Book 5497 Page 310; and Parcel 1 Irving Road Assessors Map 39 02C 001 000 described in a deed recorded in Book 5497 Page 310.

And further to appropriate the sum of One Hundred Twenty Five Thousand and no/100 ($125,000.00) Dollars from the Land Bank Fund for the acquisition of the foregoing land, including costs incidental and related thereto, to be expended under the jurisdiction of the Board of Selectmen for the purposes of this article 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, said land to be acquired open space or public recreation purposes as provided in Chapter 40, section 8C of the Massachusetts General Laws and to be under the jurisdiction of the Conservation Commission.

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 sum 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 ?, so called, 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 the sum of $5,425,950 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 ? , so called, said sum to be expended under the jurisdiction of the Board of Selectmen.

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to transfer jurisdiction of land from the Conservation Commission for conservation purposes under G.L. ch. 40, ?8C to the Board of Selectmen for water resource protection, water supply and other municipal purposes, as more particularly set forth in a vote of the Board of Selectmen dated May 12, 2003, said land being described as follows:

Parcel "A", containing 16.00 acres as shown on a plan entitled "Plan of a part of Land Acquired Pursuant to Article 1, April 8, 1986 Special Town Meeting showing jurisdiction of Board of Selectmen and Conservation Commission, prepared for Town of Falmouth Public Works Department, 59 Town Hall Square, Falmouth, Massachusetts, date 1-2-02, scale 1" = 100', job no. 99261, William MacKenzie, P.L.S., President, Alpha Land Surveying and Engineering Associates, Inc., 695 Wareham Street, Middleboro, Massachusetts 02343."

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

RECOMMENDATION (Board of Selectmen): That the Town vote Article 33 as printed.

To see if the Town will vote to adopt the following boat safety regulation to be appropriately numbered by the Town Clerk in Chapter 231:

Operation of Motorboats:

1. Motorboats shall not be operated:
   • a)   within 150 feet of shoreline which is being used as a swimming area, whether public or private, or
   • b)   within 75 feet of the seaward boundary of a public bathing beach, if designated by markers, floats or otherwise
2. Motorboats shall not anchor:
   • a)   within 75 feet of the seaward boundary of a public bathing beach, if designated by markers, floats or otherwise.

Or do or take any other action on this matter. On request of the Harbor Master,

RECOMMENDATION (Board of Selectmen): That the Town vote Article 34 as printed.

To see if the Town will vote to appropriate $73,800 to provide matching funding to the Massachusetts Estuaries Project (MEP) for the preparation of "Critical Nitrogen Loading Threshold Reports" for Little Pond, West Falmouth Harbor and Oyster Pond. And to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $73,800 for the purposes of Article 35 to be expended under the jurisdiction of the Board of Selectmen.

To see if the Town will vote to appropriate $75,000 to Line 84137-57790 for the purpose of replenishing the Workers Compensation Trust Fund and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $75,000 for the purposes of Article 36 to be expended under the jurisdiction of the Town Administrator.

To see if the Town will vote to appropriate a sum of money for the purpose of engaging the services of a professional tax consultant to review the Town's obligations under, and compliance with, relevant sections of the Internal Revenue Code pertaining to tax exempt organizations. To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $5,000 to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 37.

To see if the Town will vote to accept the provisions of G.L. ch. 148, ?56 regarding the licensing of parking lots in the business of conducting or maintaining open-air parking spaces, or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 38 as printed.

To see if the Town will vote to adopt the Goals and Policies of the Updated Falmouth Local Comprehensive Plan as collaborated and written by the Local Plan Committee.

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

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

To see if the Town will vote to authorize the Board of Selectmen to grant an easement to Commonwealth Electric Company and Verizon of New England, Inc. on land off Scranton Avenue, being lot 15 as described in Certificate of Title 116931 and part of the Town Marina, for the installation of utility poles or laying of underground utility lines, including appurtenant accessory structures, said easement to be approximately 10 feet in width and upon such terms and conditions as the Board of Selectmen deem appropriate, or do or take any other action on the matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 40 as printed.

To see if the Town will vote to accept the provisions of General Laws Ch. 40, ?8G to allow the Town to enter into mutual aid agreements with another city or town to provide assistance for the Police Department, or do or take any other action on the matter. On request of the Chief of Police.

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 on 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.

STM ARTICLE 1:

To see if the Town will vote to amend Article -V - Single Residence Districts - of the Zoning Bylaw by amending Section 240-23.B by deleting the words "if the conversion involves no material change to the exterior of the existing dwelling, and the Board of Appeals determines that the size of the dwelling and the lot are suitable for the remodeling:" and insert in its place the following:

"...under the following criteria:

1) If said conversion is within a Water Resource Protection District or within a Coastal Pond Overlay District the minimum lot size shall be 15,000 square feet for one (1) additional dwelling unit, 20,000 square feet for two (2) additional dwelling units and 25,000 square feet for three (3) additional dwelling units.

2) There shall be no home occupations or taking of boarders.

3) No additional bedrooms shall be allowed above the number in existence in the dwelling as of January 1, 1980.

4) Said conversion shall not involve any material change in the exterior of the existing dwelling, including architectural features. Said conversion may not increase the gross floor area of the dwelling, as it existed on January 1, 1980.

5) The following exceptions maybe allowed by the Board of Appeals in the issuance of this special permit:

a) Affordable units, as this term is defined in the zoning bylaw, need not comply with the additional square footage requirements in paragraph 1 above so long as the minimum lot size is 15,000 square feet.

b) Pre-existing conversions performed without the benefit of a special permit under this section shall be exempt from the requirements of paragraph 1 above if an application to obtain a special permit under this section is received by the Board of Appeals within one year of the effective date of this bylaw and subsequently approved.

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation at Town Meeting.

To see if the Town will rezone the property located at 470 East Falmouth Highway, being Assessor's Parcel 33-20-003-000 containing approximately 26,600 square feet of land, more or less, from Residential C to Business 2. Said parcel is more particularly bounded and described as follows:

BEGINNING at the southwest corner of the premises hereby conveyed, on the northerly side of the state highway and by land now or formerly of Peter Carvalho.

THENCE running North 15? 57' 00" East by land of said Peter Carvalho two hundred seven and 19/100 (207.19) feet to a stone bound and land now or formerly of Mariano Luce.

THENCE turning and running South 81? 39' 00" east by land of said Luce one hundred fourteen and 77/100 (114.77) feet to a cement bound set on the west line of a private way;

THENCE turning and running South 12? 37' 00" West by the west sideline of said private way two hundred thirty-seven and 61/100 (237.61) feet to a cement bound and said state highway; THENCE turning and running in a Westerly direction by the state highway to first mentioned bound and point of beginning.

On request of John J. Regan and Cecilia F. Regan.

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation at Town Meeting

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 known as the Falmouth Country Club and consisting of approximately 177.14 acres of golf course and 61.22 acres of undeveloped land for purposes of open space, water resource protection, public recreation, or other municipal purposes, as provided by any appropriate authority, said land to be under the jurisdiction and control of the Board of Selectmen as specified and being further described as follows:

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 either Chapter 44, Section 7(3) or Chapter 44, Section 8(16) of the Massachusetts General Laws, or any other appropriate enabling authority and to issue bonds or notes of the Town therefore, and by whom expended.

And further to authorize the Board of Selectmen to grant to the Falmouth Conservation Commission, or any other appropriate holder, a Conservation Restriction on all or a portion of said property as they deem appropriate.

And further to authorize the Board of Selectmen to petition the General Court for special legislation to authorize the Town to issue notes or bonds of the Town for the purposes of this article which mature on or are due and payable in thirty (30) years from the date of the bonds.

RECOMMENDATION (Finance Committee): That the town vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN the land in Falmouth, Barnstable County, Massachusetts known as the Falmouth Country Club, and being described as follows:

Golf Related Properties Parcel ID Address Owner Acres 21 10 022 000 630 Carriage Shop Rd FCC Realty LLC 81.4 21 10 020 008 26 Calebs Way FCC Realty LLC 1.03 21 10 020 007 24 Calebs Way FCC Realty LLC 1.03 21 10 020 006 22 Calebs Way FCC Realty LLC 1.03 29 01 001 001 504 Carriage Shop Rd FCC Realty LLC 65.01* 28 08 001 000 377 Old Barnstable Rd FCC Realty LLC 27.64 Subtotal 177.14 *subject of conservation restriction

Open Space/Nutrient Management Parcel ID Address Owner Acres 29 01 002 000 Alexander Booker Road FCC Realty LLC 44.3 29 01 015F000B Alexander Booker Road Leonard F. Beford, Jr. 4.0 29 02 001 001A Timothy Bourne Cartway FCC Realty LLC 9.4 29 02 002 001B Timothy Bourne Cartway FCC Realty LLC 3.0 29 01 015D000C Alexander Booker Road FCC Realty LLC .36 29 01 015E000D Alexander Booker Road FCC Realty LLC .16 Subtotal 61.22

To see if the Town will vote to appropriate $80,000 for a survey, environmental inspection and professional contractual services to develop a transitional plan for the land purchase named in Article 3 and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

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.

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 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 the sum of Five Million Six Hundred Two Thousand and no/100 ($5,602,000.00) Dollars for the acquisition of the foregoing land, including costs incidental and related thereto, to be expended under the jurisdiction of the Board of Selectmen and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of Five Million Six Hundred Two Thousand and no/100 ($5,602,000.00) Dollars under and pursuant to the provisions of 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 to expend not more than Four Million Four Hundred Fifty Five Thousand and no/100 ($4,455,000.00) Dollars plus interest from the Land Bank Fund in partial repayment of the bonds or notes. Said land to be under the jurisdiction of the Conservation Commission for purposes of open space, water resource protection, public recreation (57 acres) and under the jurisdiction of the Board of Selectmen for other municipal purposes (14 acres), and that the Board of Selectmen is hereby authorized and directed to accept any gifts of property, real, personal or otherwise, in connection with the said acquisition and to enter into any agreement and execute any and all documents incidental and related thereto.

To see if the Town will vote to authorize the Town to enter into contracts for the lease and/or purchase of school buses for a term in excess of three years, or take any other action related thereto.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 6 as printed.

To see if the Town will vote to amend the Code of Falmouth, Chapter 49 - "Town Meeting", Section 8 - "Hand Votes" by striking the entire section and inserting in its place the following:

"If seven or more Town Meeting members rise and question a "yea and nay" vote, without further discussion, a standing vote shall be taken." Or take any other action on this matter. On request of the Town Meeting Rules and Procedures Committee.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 7 as printed.

To see if the Town will vote to rescind the following authorizations to borrow, the projects having been completed:

TM vote	Art. No.	Purpose	Loan Amount Authorized	Loans issued	Amount to Rescind		Basis for request to rescind
04/96 ATM	24	Open Space	900,000	520,000	380,000	A	Purchase unavailable
04/00 STM	4	Land Bank	250,000	0	250,000	B	Cash purchase
04/00 STM	6	Land Bank	1,240,000	248,750	991,250	C	Cash purchase
11/00 FTM	13	Land Bank	3,762,150	2,292,950	1,328,000	D	Cash purchase
11/00 FTM	13	Land Bank	0	0	141,200	E	Purchase unavailable
11/01 FTM	10	Land Bank	260,000	0	260,000	F	Cash purchase
04/03 ATM	22	Mullen School Supplemental	552,750	550,000	2,750	G	Unissued costs
04/03 ATM	25	Water mains	653,250	653,000	250	H	Unissued costs

Or do or take any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote Article 8 as printed.

To see if the Town will vote to appropriate the sum of $100,000 to be added to the Debt Budget 01754-59910 - (Principal on Long Term Unexcluded Debt) for the fiscal year ending June 30, 2004 and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $100,000 from Certified Free Cash to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 9.

To see if the Town will vote to appropriate the sum of $109,780 to be added to the Debt Budget (01754-59915 - Interest on Long Term Unexcluded Debt) for the fiscal year ending June 30, 2004 and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $109,780 from Certified Free Cash to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 10.

To see if the Town will vote to appropriate the sum of $33,280 from the Land Bank Fund for the purpose of paying interest on long term debt for the fiscal year ending June 30, 2004 and to determine by whom these funds will be expended. Or do or take any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote Article 11 as printed to be expended under the jurisdiction of the Town Treasurer.

To see if the Town will vote to appropriate the sum of $32,975 for the purpose of creating and funding the following new position for the Assessor's Office in the Town's Position Classification Plan to be effective July 1, 2004:

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

RECOMMENDATION (Finance Committee): That the Town vote to transfer $32,975 from Certified Free Cash to be expended under the jurisdiction of the Director of Assessing for the purpose of Article 13.

To see if the Town will vote to appropriate $10,000 to Budget Line 01155 - 52313 (Information Technology - Contractual Services) and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Director of Information Technology.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Information Technology.

To see if the Town will vote to appropriate $126,515 for the purpose of increasing the funding for the Town's obligation for employee group health insurance for fiscal year 2004. Said funds to be dispersed as follows:

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

RECOMMENDATION (Finance Committee): That the Town vote to transfer $126,515 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 15.

To see if the Town will vote to appropriate $63,550 for the purpose of increasing the funding for the Town's obligation for Unemployment Compensation benefits to cover both Town and School former employees. To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $63,550 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 16.

To see if the Town will vote to appropriate $30,000 to Line 01543-57770 (Veterans Ordinary Benefits) and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Director of Veterans Services.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $30,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Veterans Services for the purposes of Article 17.

To see if the Town will vote to transfer $2,006.98 from Article 28 of the April 2001 Special Town Meeting to a Dutchman's Ditch Study Account and to determine by whom these funds will be expended. Or do or take any other action on this matter. On request of the Shellfish Constable.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $2,006.98 from Budget Line 01294-58003 (Article 18 of April 2001 Special Town Meeting) to be expended under the jurisdiction of the Director of Natural Resources for the purposes of Article 18.

To see if the Town will vote to appropriate $10,000 for the purposes of funding a cranberry bog manager to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 19.

To see if the Town will vote to transfer $20,000 from Line 24000-33004(Title V Program) for administrative fees related to the Town's participation in the septic loan program provided by the Water Pollution Abatement Trust. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 20 as printed to be expended under the jurisdiction of the Town Administrator.

To see if the Town will vote to appropriate $190,000 for the renovation of the John DeMello Senior Center, to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $190,000 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 21.

To see if the Town will vote to appropriate $24,000 for the purpose of replacing the flat roof located on the west side of the Main Library to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Facilities Maintenance Coordinator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $24,000 from Certified Free Cash to be expended under the jurisdiction of the Facilities Maintenance Coordinator for the purposes of Article 22.

To see if the Town will vote to appropriate $6,500 for the purpose of installing a new heating system at the East Falmouth Library to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Facilities Maintenance Coordinator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $6,500 from Certified Free Cash to be expended under the jurisdiction of the Facilities Maintenance Coordinator for the purposes of Article 23.

To see if the Town will vote to appropriate $20,900 to Budget 01162 for the purpose of funding costs related to the additional election held during fiscal year 2004. To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Clerk.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,900 from Certified Free Cash to be expended under the jurisdiction of the Town Clerk for the purposes of Article 24.

To see if the Town will vote to accept Chapter 137 of the Acts of 2003, Section 1 to authorize the Town of Falmouth to pay any employee who has been granted a military leave of absence to serve on active duty with the Army National Guard, the Air National Guard or a reserve component of the armed forces of the United States after September 11, 2001 through September 11, 2005 his base wages less any amount received for his or her military service. And, further, that the Town appropriate a sum of money for this purpose and determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): The Finance Committee expects to make a positive recommendation on Town Meeting floor.

To see if the Town will vote to appropriate $28,667 to Budget Line 01911-51182 - Non-contributory Pension to fund increases in pensions as voted at the April 2003 Annual Town Meeting in Article 29. To determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $28,667 from Certified Free Cash to be expended under the jurisdiction of the Falmouth Retirement Board for the purposes of Article 26.

To see if the Town will vote to appropriate $5,000 to the Falmouth Contributory Retirement Special Military Fund for the purpose of paying contributions for employees who have been called to active military duty per MGLA ch.32, ?22(4)(a) and to determine how the same shall be raised and by whom expended. On request of the Falmouth Contributory Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,000 from Certified Free Cash to be expended under the jurisdiction of the Falmouth Contributory Retirement Board for the purposes of Article 27.

To see if the Town will vote to transfer $20,000 from the Reserve/Waterways Appropriation Fund for the purpose of updating and renewing the Town's maintenance dredging permits. To be expended under the jurisdiction of the harbormaster. Or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 28 as printed.

To see if the Town will vote to appropriate $635,628 under Chapter 246B 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 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 on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 29 as printed to be expended under the jurisdiction of the Board of Selectmen.

To see if the Town will vote to appropriate the sum of $8,425. for the purpose of funding the following changes in the Town's Classification Plan as follows and to be effective July 1, 2004

To determine how the same shall be raised and by whom expended. Or do or take any other in this matter. On request of Robert V. Antonucci and Others.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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

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