Falmouth, Massachusetts Fall 2005 Town Meeting Monday, November 14, 2005

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, 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 transfer the sum of $2,513.49 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purpose of Article 1.

EXPLANATION: Bills for items purchased or services performed during one fiscal year cannot be paid in another fiscal year without Town Meeting approval. The invoices for these items were received too late to be paid from the fiscal year 2005 budget.

To see if the Town will vote to amend §240-98.C of the zoning bylaw by deleting the words “Article XXXII” and substitute the words “Article XXXXII” so as to read in its pertinent part:

“Special Permit uses filed in accordance with Article XXXXII of this chapter …”

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

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

EXPLANATION: This change would correct a cross-referencing error found in the Zoning Bylaw.

To see if the Town will vote to amend section §240-22. C, §240-23.G (2) and §240-33. G (2) of the zoning bylaw by deleting the words “(See § 240-162)” and substitute the words “(See §§240-162.F (1), 162.F (2) and 162.F (3) for special permit requirements for some home occupations) “

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

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

EXPLANATION: This change would correct a cross-referencing error found in the Zoning Bylaw.

To see if the Town will vote to amend section 240-38.G (2) of the zoning bylaw by deleting the words “(See § 240-159F)” and substituting the words “(See §§240-162.F (1), 162.F (2) and 162.F (3) for special permit requirements for some home occupations) “

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 change would correct a cross-referencing error found in the Zoning Bylaw.

To see if the Town will vote to amend §240-23. G (1)(b) of the zoning bylaw by deleting the number “800” and substituting the number “900” so as to read in its pertinent part:

“The footprint of the garage is more than 900 square feet …”

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

RECOMMENDATION (Planning Board): That the Town vote Article 5 as printed in the warrant.

EXPLANATION: This increases the threshold for a 3-car residential garage by 100 square feet before a special permit is required from the Board of Appeals.

To see if the Town will vote to amend Article I – General Provisions – of the Zoning Bylaw by deleting Section 240-3 in its entirety and inserting in its place the following:

240-3 Preexisting nonconforming structures and uses:

Abandonment - The voluntary cessation, surrender or relinquishment of a use with the intent never to resume again, or the mere nonuse for a period of more than two years regardless of the reasons for the nonuse.

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

RECOMMENDATION (Planning Board): Indefinite Postponement.

EXPLANATION: The Planning Board, based on comments it received at its public hearing, believes this Article should not go forward at this time. After further discussions with interested parties, this Article may reappear at a future Town Meeting.

To see if the Town will vote to amend the Zoning Bylaw by adding the following: (2) Windmills (See Article XXXIV). One windmill per lot provided the lot is totally in conformance with the dimensional requirements for the Light Industrial B District at the time of application. In addition to the criteria of Section 240-216 Special Permits, the Board of Appeals shall apply the criteria of Article XXXIV, provided, however, the Board of Appeals may reduce the dimensional criteria of Section 240-166A if the Board finds that the public safety and welfare are sufficiently protected. In approving a special permit under this section the Board of Appeals may waive the requirements of Sections 240-70 C and D Maximum Height of the Zoning bylaw if the Board of Appeals finds such waiver is necessary for the adequate operation of the windmill. Or do or take any other action on this matter. On request of Joan C. Muller and others.

RECOMMENDATION (Planning Board): That the Town vote Article 7 as printed in the Warrant.

EXPLANATION: This change affects the Falmouth Technology Park only. It will allow the Board of Appeals to issue a special permit for an increase in height together with a reduction in the fall radius for a wind turbine as an accessory use to a business in the Technology Park. The Planning Board believes the Technology Park to be an appropriate site to develop this renewable energy source.

To see if the Town will vote to authorize the Board of Selectmen to sell the Odd Fellows Hall on Chancery Lane, the land being described in Certificate 175451 at the Land Court of the Barnstable County Registry of Deeds and the building being a 2520 square foot Greek Revival building, upon such terms and conditions as they deem appropriate, 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 8 as printed.

EXPLANATION: At the November 2004 Annual Town Meeting, Town Meeting Members voted on Article 25 to purchase the Odd Fellows Hall on Chancery Lane. The Finance Committee believes there is no real Town use for this building and hereby supports the request of the Board of Selectmen for authorization to sell the Odd Fellows Hall. When said property is authorized to be sold, there will be a contingency that the exterior architecture of the building be maintained to preserve the historic significance of the building.

MAP INCLUDED

To see if the Town will vote to authorize the Board of Selectmen to sell a parcel of Town land identified as Parcel C2 containing 4.3 + acres and shown on a plan entitled “Plan of Land located in Falmouth, Mass., prepared for Falmouth Lumber, Scale 1” = 80’, June 27, 2005, Ferreira Associates, 161A Worcester Court, Falmouth, Mass.,” and being a portion of the land conveyed to the Town by deed dated August 15, 2003 and recorded in the Barnstable Registry of Deeds in Book 17473, Page 21, to SIX A REALTY TRUST, 670 Teaticket Highway, Teaticket, MA 02536, for the sum of $700,000.00, 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 9 as printed.

EXPLANATION: At the April 2003 Annual Town Meeting, Town Meeting Members voted on Article 20 to purchase land formerly of Augusta Realty Company of Falmouth, Inc., approximately 23.7 acres. At that time, there was an understanding between the Seller and the Town that a portion of the land designated for municipal purposes would be sold back to the Seller as outlined in Article 9 above. This will provide a buffer zone surrounding Falmouth Lumber and the Augusta Family personal property.

MAP INCLUDED

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, being land now or formerly owned by Joseph Haynes and Susan Haynes and located at 474 Carriage Shop Road in East Falmouth and consisting of six (6) acres, more or less, to be set off from the present ten (10) acres parcel shown on Falmouth assessor’s map 29-01-003-000A and described in a deed recorded in the Barnstable County Registry of Deeds in Book 17462, Page 33, 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 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 on 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 land now or formerly owned by Joseph Haynes and Susan Haynes and located at 474 Carriage Shop Road in East Falmouth and consisting of six (6) acres, more or less, to be set off from the present ten (10) acres parcel shown on Falmouth assessor’s map 29-01-003-000A and described in a deed recorded in the Barnstable County Registry of Deeds in Book 17462, Page 33, and to appropriate the sum of $700,000.00 from the proceeds of the sale of land authorized in Article 9 of this warrant for the acquisition of the foregoing land.

EXPLANATION: The property itself abuts Town owned land recently purchased for Falmouth Country Club and will improve the Town’s ability to site a Treatment Plant in East Falmouth if/when necessary.

MAP INCLUDED

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, being the land with the buildings located thereon at 480 Main Street in Falmouth Village now or formerly owned by Eric W. Ruschky and described in deeds recorded in the Barnstable County Registry of Deeds in Book 16954, Page 349, and in Book 17423, Page 137, 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 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 on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Finance Committee believes this Article is six months ahead of its time, since there is not yet a source of funds for required future payments. Waiting until April 2006, would allow the Town to consider several more acceptable options, including but not limited to, a Debt Exclusion or Community Preservation Act monies. Committing Certified Fee Cash for this purchase is not a prudent alternative at this time.

MAP INCLUDED

To see if the Town will vote to authorize the Board of Selectmen to accept a gift of 6.75 + acres of land on the shore of Long Pond from E. Kent Swift, Jr., being shown as Parcel 5B on a plan entitled “Plan of Land Prepared for E. Kent Swift, Jr. in Falmouth, dated July 26, 2005, scale 1” = 50’, Falmouth Engineering, 101 Town Hall Square, Falmouth, MA 02540” which plan will be recorded in the Barnstable County Registry of Deeds simultaneously with the deed, said land to be held by the Board of Selectmen for watershed protection purposes. Or do or take any other action on the matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 12 as printed.

EXPLANATION: The 6.75 acres of land abuts existing Town Land along the shore of Long Pond. This gift of land will provide protection to the Town’s water source.

MAP INCLUDED

To see if the town will vote to appropriate $778,358.00 under Chapter 291Section 2B Acts of 2004, as the state’s share of the work under Chapter 90, Section 34(2a) of the Massachusetts General Laws, and to authorize the Board of Selectmen to execute with the state such contracts as may be necessary for said purpose, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote Article 13 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: A Town Meeting vote is required to appropriate Chapter 90 funds which provide 100% reimbursement for work done on Town accepted roads.

To see if the Town will vote to appropriate the sum of $31,997.00 to the Falmouth Contributory Retirement System to supplement the Town’s annual contribution to the retirement system 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 Falmouth Contributory Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $31,997.00 from Certified Free Cash to be expended under the jurisdiction of the Falmouth Contributory Retirement Board for the purpose of Article 14.

EXPLANATION: Funding of this article brings the town’s investment contribution to the minimum required by the state.

To see if the Town will vote to appropriate the sum of $10,000.00 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. Or do or take any other action on this matter. On request of the Falmouth Contributory Retirement Board.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000.00 from Certified Free Cash to be expended under the jurisdiction of the Falmouth Contributory Retirement Board for the purpose of Article 15.

EXPLANATION: This provides for the Town to pay the deductions that would have been taken from the weekly pay of employees who are serving in the military.

To see if the Town will vote to transfer the sum of $49,000 from Art. 6 of the April 1998 Special Town Meeting for the purposes of funding technical services for the design, grant application, permitting and construction of Restoration Projects on Lower Bog and Flax Bog #2 and Berm Projects on Middle Bog and Flax Bog #1 to improve the health of the Coonamessett River system:

$24,500 to be expended for the Restoration Projects, and
$24,500 to be expended for the Berm Projects

Said sums to be expended under the jurisdiction of the Board of Selectmen, 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 16 as printed.

EXPLANATION: Town Meeting appropriated $49,000 in 1998 because of the EDB plume problems in the Coonamessett River system. This money was not spent because AFCEE paid the Town and Handy Cranberry Trust for the costs of raising the crop.

The Working Group has developed conceptual plans for two Restoration Projects and two Berm Projects. These projects will demonstrate the challenges and successes of improving the health of the Coonamessett River, and will form the basis for future planning on town-owned bogs.

The Working Group has identified State and Federal funding agencies that have grant programs for various aspects of design and construction of the projects [US Dept. of Agriculture, NOAA, US Fish & Wildlife, MA Coastal Zone Management]. These grants are awarded on a competitive basis. In order to prepare successful applications, the Working Group needs funding for technical assistance which this Article would provide. These funds can also be counted as a “match” in the grant application process.

The Working Group will make recommendations to the Board of Selectmen, which has jurisdiction over the funds, and the Conservation Commission, which has jurisdiction over the land and whose approvals are necessary to obtain the grants.

To see if the Town will vote to appropriate a sum of money to fund the Fiscal Year 2006 Capital Budget and to determine how the same shall be raised and by whom expended. On request of the Board of Selectmen.

The Fiscal Year 2006 Capital Budget will be found on the green pages in the middle of the book, and on this website.

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), 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 Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $67,000 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 18.

EXPLANATION: This article funds the first of a three-year contract with the AFSCME Union. The negotiated cost of living increases are 2% July 2004, 2% July 2005, 2% July 2006 and 2% January 2007.

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 Laborers’ International Union of North America (DPW), 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 Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $58,000 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 19.

EXPLANATION: This article funds the first of a three-year contract with the Laborers’ International Union of North America (DPW). The negotiated cost of living increases are 2% July 2004, 2% July 2005, 2% July 2006 and 2% January 2007.

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 International Association of Firefighters, Local 1397, 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 Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $105,000 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 20.

EXPLANATION: This article funds the first of a three-year contract with the International Association of Firefighters, Local 1397. The negotiated cost of living increases are 2% July 2004, 2% July 2005, 2% July 2006 and 2% January 2007.

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 Falmouth Police Federation, 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No Agreement has been reached.

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 Falmouth Police Superior Officers’ Association, 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 Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No Agreement has been reached.

To see if the town will vote to appropriate the sum of $4,824.00 for the purpose of reclassifying and funding the following changes to the Town’s Position Classification Plan for the Technical/Administrative Management (TAM) positions.

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 $4,824.00 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 23.

EXPLANATION: These positions were studied and determined to warrant an upgrade.

To see if the town will vote to appropriate the sum of $31,031.00 for the purpose of reclassifying and funding the following changes to the Town’s Position Classification Plan for the American Federation of State, County and Municipal Employees (AFSCME) positions.

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 $31,031.00 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 24.

EXPLANATION: Positions in the American Federation of State, County and Municipal Employees (AFSCME) Local 1636 are reviewed every five years. These positions were deemed to be eligible for upgrades as a result of this study.

To see if the town will vote to appropriate the sum of $18,240.00 for the purpose of reclassifying and funding the following changes to the Town’s Position Classification Plan for the Assessor’s Department.

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

RECOMMENDATION (Finance Committee): That the Town vote to transfer $18,240.00 from Certified Free Cash to be expended under the jurisdiction of the Director of Assessing for the purpose of Article 25.

EXPLANATION: The Assessing Department is working with a number of recent changes in Assessing law and procedures that are straining the existing clerical staff. Replacing a field position with a clerical position will better serve the needs of the department. The position of Property Lister – Assessors was previously funded in a prior years Article and is now fully expended. The amount requested in Article 25 will fund the position of Adm.Clerk-Assessors for the remainder of Fiscal Year 2006 and will be included in the Assessor’s budgets thereafter.

To see if the Town will vote to appropriate the sum of $30,000.00 for the purpose of conducting an organization study of the Department of Public Works 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 transfer $30,000.00 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purpose of Article 26.

EXPLANATION: The total FY2006 Budget for the DPW is approximately $9.5 Million. The Finance Committee believes that $30,000.00 is a good investment for an outside organizational study of the entire DPW Department.

To see if the town will vote to appropriate the sum of $7,000.00 for the purpose of replenishing 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, 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 the sum of $7,000.00 from Certified Free Cash to the Revolving Fund to be expended under the jurisdiction of the Town Clerk for the purposes of Article 27.

EXPLANATION: The expenditures of updating and printing the Code of Falmouth are usually self funding. However, with the Code of Falmouth available on the Internet, the sales of the books are no longer sufficient to fund this project.

To see if the Town will vote to appropriate the sum of $15,000.00 for the purpose of contractual services to assist the Zoning Administrator. Or do or take any other action in the matter. On the request of the Zoning Board of Appeals.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Zoning Administrator has determined this funding is not needed at this time. Two former Articles for this purpose still have funds remaining in them which can be used for this purpose.

To see if the Town will vote to appropriate the sum of $7,000.00 for the costs related to mailing beach and dump stickers 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 Collector.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $7,000.00 from Certified Free Cash to be expended under the jurisdiction of the Town Collector for the purpose of Article 29.

EXPLANATION: This article will fund the mailing of Beach and Dump Sticker Applications to be collected by the Town Collector’s Office. This is expected to enhance revenues and eliminate the sale of dump stickers at the Waste Management Facility. The Finance Committee recommends this funding for one year only to determine the feasibility of this process in relation to allocating receipts between beach and dump stickers to get an accurate accounting of what each individual department raises.

To see if the Town will vote to appropriate the sum of $7,000.00 for the purpose of continuing part time student apprentice/intern positions within town government departments 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 transfer the sum of $7,000.00 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purpose of Article 30.

EXPLANATION: The Apprentice/Intern Program was originally approved by the November 1998 Annual Town Meeting. Departments have been provided with interns and have found them to be most helpful and highly recommended this program be continued.

To see if the Town will vote to appropriate the sum of $11,275.00 for costs related to the demolition of a structure located at 51 Pond View Drive 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 Building Commissioner.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $11,275.00 from Certified Free Cash for the purposes of Article 31 to be expended under the jurisdiction of the Building Commissioner.

EXPLANATION: It has been determined by the Building Commissioner and other Town Departments, that the structure located at 51 Pond View Drive is an extreme hazard and should be removed. The Town has complied with the guidelines of inspection and notification as outlined under the Massachusetts State Building Code Section 121 and the Massachusetts General Laws Section 239. The owner of the property has been notified and, to date, no action has been taken to secure the structure. The costs and charges incurred shall constitute a lien on the land on which the structure is located.

MAP INCLUDED

To see if the town will vote to appropriate the sum of $85,000.00 for the reconstruction of the Megansett Harbor Boat Ramp 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 Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $85,000.00 from the Reserve/Waterways Appropriation Fund to be expended under the jurisdiction of the Waterways Committee for the purpose of Article 32.

EXPLANATION: The Megansett Harbor Boat Ramp needs to be reconstructed in order to provide adequate boat launching facilities on the west side of Town. This ramp is currently in very poor condition.

To see if the town will vote to appropriate the sum of $25,000.00 for the purpose of funding permitting for various navigational dredging projects 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 Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $25,000.00 from the Reserve/Waterways Appropriation Fund to be expended under the jurisdiction of the Waterways Committee for the purpose of Article 33.

EXPLANATION: This will fund the cost of dredge permits for the Waterways Committee.

To see if the Town will vote to make adjustments to the following Debt Service Budgets for the Fiscal Year 2006:

1. Transfer the sum of $35,000.00 from Long Term Excluded Debt Interest 01753/59915 to Long Term Excluded Debt Principal 01753/59910.
2. Transfer the sum of $1,516.25 from Short Term Excluded Debt Interest 01755/59925 to Long Term Excluded Debt Interest 01753/59915.

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

RECOMMENDATION (Finance Committee): That the Town vote Article 34 as printed.

EXPLANATION: These necessary adjustments to the Debt Budget are a result of transactions of refinancing debt at a reduced interest cost.

To see if the Town will vote to appropriate the sum of $22,826.02 for the purpose of paying Interest on Long Term Unexcluded Debt (01754-59915) issued in July 2005 with the first interest payment due in January 2006 of the fiscal year ending June 20, 2006. To determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $22,826.02 from Certified Free Cash to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 35.

EXPLANATION: The Town Treasurer needs additional funding to make interest payments on our Long Term Unexcluded Debt.

To see if the Town will vote to appropriate the sum of $104,071.88 for the purpose of paying interest on Land Bank debt which was issued in July, 2005 with the first interest payment due in January 2006 of the fiscal year ending June 30, 2006. Or do or take any other action in this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $104,071.88 from the Land Bank Fund to be expended under the jurisdiction of the Town Treasurer for the purpose of Article 36.

EXPLANATION: It is necessary to transfer money from the Land Bank Fund to pay interest on land bought with Land Bank Funding.

To see if the town will vote to appropriate the sum of $25,000.00 from the Community Preservation Fund for the purpose of funding administrative expenses of the committee, or do or take any other action relative thereto. On request of the Community Preservation Committee.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $25,000.00 from the Land Bank Fund for the purposes of Article 37 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: This will provide funding for administrative expenses incurred for the first year up to July 1, 2006, prior to the Community Preservation Committee presenting a budget plan for the April 2006 Town Meeting.

To see if the Town will vote to appropriate the sum of $75,000.00 for the purpose of partial funding of the 2006 revaluation for the Town of Falmouth 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 Assessors.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $75,000.00 from the Overlay Surplus Fund for the purposes of Article 38 to be expended under the jurisdiction of the Board of Assessors.

EXPLANATION: Yearly revaluations have been mandated by the State.

To see if the Town will vote to accept the provisions of paragraph 1 of M.G.L. chapter 59 § 2A which authorizes the Board of Assessors to assess buildings and other things erected on or affixed to land during the period beginning on January 2 and ending on June 30 of each year to be deemed part of such real property as of January 1 of the same year. Or do or take any other action on this matter. Upon request of the Board of Assessors.

RECOMMENDATION (Finance Committee): That the Town vote Article 39 as printed.

EXPLANATION: This change will simplify the supplemental tax procedure by matching the assessment date to the fiscal year.

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

Under Chapter 80 of the Massachusetts General Laws, the costs will be recovered by 100% betterment assessment to the land that receives that benefit. This article confirms Article 62 of the November, 2004 Annual Town Meeting with respect to these three roads which passed by the necessary majority vote. 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 40 as printed.

EXPLANATION: This article is a technical clarification to include Edgehill Road, Hummingbird Hill Road and Tall Pine Road in the taking of all the roads in the Fox Lane neighborhood.

MAP INCLUDED

To see if the Town Meeting will vote to reaffirm its support of cranberry farming on the Lower and Middle Bogs along an improved Coonamessett River in East Falmouth; and to see if Town Meeting will recommend that the Selectmen with the concurrence of the Conservation Commission license for commercial cranberry growing the west side of the town owned lands adjacent to the Coonamessett River known as Lower and Middle Bogs; and further, to see if Town Meeting will support a 25' vegetated buffer zone between the Coonamessett River and the cultivated lands on the west side of Lower and Middle Bogs for the purpose of separating agricultural activities from the river; and, to include within this 25' buffer zone, water control structures, berms and trails where necessary and appropriate for the purpose of protecting and enhancing the Coonamessett River and providing for additional public access. On request of David Smith and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Board of Selectmen have voted to support the Goals of the Coonamessett River Restoration Working Group.

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

Oct. 28