|
|
Falmouth, Massachusetts
|
"
Barnstable, SS To either of the constables of the Town of Falmouth, in said
entirety:
"
In the name of the Commonwealth of Massachusetts you are directed to notify
and summon the inhabitants of the Town of Falmouth to meet in the Memorial
Auditorium, Lawrence School, Falmouth, Monday, April 3, 2006 at 7:00
P.M. for the purpose of acting on the articles contained in the following
warrant:"
To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.
RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed.
To hear reports of Committees and Town Officers and act thereon.
RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.
To see if the Town will vote to authorize the Selectmen to settle claims and suits which are pending or may arise against the Town. Or do or take any other action in the matter. On request of the Board of Selectmen.
.RECOMMENDATION (Finance Committee): That the Town vote Article 3 as printed.
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 to authorize the Board of Selectmen to apply for and accept state or federal grants they deem beneficial to the Town, provided that the Board of Selectmen shall hold a public hearing prior to the Board’s acceptance of any such grant, if said grant requires the Town to meet future conditions or requirements including anticipated future costs to the Town. Further, the Board of Selectmen shall advise the Finance Committee of such anticipated costs prior to the public hearing.
EXPLANATION: The Finance Committee is concerned about equipment that is obtained through grants, which costs nothing at the onset, but eventually costs the taxpayers money in future years. These anticipated costs should be projected at the time the grants are accepted by the Board of Selectmen in order to forecast needs that will be included in the budgets.
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.
EXPLANATION: The State requires a yearly vote of Town Meeting in order to perform its work on or along our shores.
To see if the Town will vote to fix the salaries of the Elected Officials as follows:
Moderator…………………………………$1,500
Town Clerk………………………………$58,485
Selectmen (4)…………………………… $3,000
Chairman of Selectmen………………..$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.
EXPLANATION: The Finance Committee reviewed the salaries of elected officials and recommended an increase to the Town Clerk’s position of $453.00 to keep the pay scale equivalent to that of like contractual positions (Gr. M-5 $23.32-$30.43/hr). The funding for this position is included in the budget.
To see if the Town will vote to authorize continued use of the following Revolving Funds previously established by Town Meeting votes:
Code of Falmouth Revolving Fund as established by Article 3 of the April 1998 Annual Town Meeting.
Falmouth Recreation Department Revolving Fund 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 Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote Article 7 as printed.
EXPLANATION: Town Meeting approval is required each year to continue the use of the revolving funds outlined in Article 7.
To see if the Town will vote to create a revolving fund under the provisions of General Laws Chapter 44, Section 53E ½, to be known as the “Falmouth Historical Commission Revolving Account” said fund to be established and administered as follows:
Proceeds from the sale of the Book of Falmouth shall be credited to the revolving fund.
Funds may be expended for the operation and administration of the department’s programs and activities.
All funds shall be expended by the Falmouth Historical Commission with the provision that any expenditure in excess of $500.00 shall be subject to the approval of the Board of Selectmen.
Expenditures may not exceed receipts during any fiscal year without approval of the Finance Committee.
The Falmouth Historical Commission shall report annually to the Board of Selectmen the total amount of receipts and expenditures for the preceding fiscal year. This fund shall be authorized annually, at which time the above-mentioned provisions may be amended by an Annual Town Meeting Vote. Or do or take any other action in this matter. On request of the Falmouth Historical Commission.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Book of Falmouth was produced and financed by a private committee. Proceeds were turned over to a group called The Friends of the Historical Commission for the purpose of preserving and protecting historical projects. As these funds are not Town funds, the Finance Committee recommends that The Friends of the Historical Commission apply for non-profit organization status.
To see if the Town will vote to create a revolving fund under the provisions of General Laws Chapter 44, Section 53E ½, to be known as the “Shellfish Propagation Revolving Account” said fund to be established and administered as follows:
Shellfish mitigation payments and related donations received by the Falmouth Conservation Commission shall be credited to the revolving fund.
Funds may be expended for the operation and administration of the department’s shellfish propagation programs and activities.
All funds shall be expended by the Conservation Commission with the provision that any expenditure in excess of $500.00 shall be subject to the approval of the Board of Selectmen.
Expenditures may not exceed receipts during any fiscal year without approval of the Finance Committee.
The Conservation Commission shall report annually to the Board of Selectmen the total amount of receipts and expenditures for the preceding fiscal year. This fund shall be authorized annually, at which time the above-mentioned provisions may be amended by an Annual Town Meeting Vote. Or do or take any other action in this matter. On request of the Conservation Commission.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Finance Committee is opposed to creating a new revolving fund for this purpose and recommends that another method of handling shellfish monies be implemented.
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. c44, §72) 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 10 as printed to be expended under the jurisdiction of the Falmouth School Committee.
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 approximately $400,000 for Fiscal Year 2007.
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.
The Fiscal Year 2007 Budget will be found in the center section of the Warrant Booklet.
To see if the Town will vote to transfer the following seasonal position in the Town’s Position Classification Plan:
Delete: (1)Head Clerk (14 weeks) – Beach Committee
Add: (1) Head Clerk (14 weeks) – Town Collector
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The system of the beach and dump stickers is new. Until the workload is determined, the Finance Committee felt it was advisable to leave the position in the Beach Department.
To see if the Town will vote to amend the Town’s Position Classification Plan for the Fire Rescue Department as follows:
Delete: (48) Firefighters/Paramedics
Add: (50) Firefighters/Paramedics
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 13 as printed.
EXPLANATION: This addition of two firefighters continues the program to increase the manpower of the Fire Rescue Department. The funding for these positions is included in the budget at an annual estimated salary of $47,560 per person. The current salary range of a firefighter position is $18.17-$21.99/hr.
To see if the Town will vote to amend the Town’s Position Classification Plan for the Police Department as follows:
Delete: (52) Patrol Officers
Add: (54) Patrol Officers
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 14 as printed.
EXPLANATION: This addition of two patrol officers is the first step in increasing the manpower of the Police Department. The funding for these positions is included in the budget at an annual estimated salary of $47,375 per person. The current salary range of a patrol officer position is $20.27-$23.00/hr.
To see if the Town will vote to create the following new position in the Town’s Position Classification Plan:
Add: (1) Technical Support Librarian - Gr.10
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 15 as printed.
EXPLANATION: This is an existing position which was previously funded through a state grant that no longer is available. The technological needs of the Library will continue to increase and the Finance Committee feels it is appropriate to maintain funding for this position. The funding for this position is included in the budget at an annual estimated salary of $48,100. The current salary range of the Technical Support Librarian position is (Gr. 10 $19.30-$24.42/hr.)
To see if the Town will vote to create the following new position in the Town’s Position Classification Plan:
Add: (1) Community Development / Preservation Planner - Gr. M-5
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The job description for the position of Community Development/Preservation Planner had not been finalized at the time of our deliberations.
To see if the Town will vote to amend the Town’s Position Classification Plan as follows:
Delete: Call Firefighter - Step 5 $12.64
Add: Call Firefighter - Step 5 $14.21
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the town vote Article 17 as printed.
EXPLANATION: There are currently four Call Firefighters on the Fire Rescue Department who provide services to the Department periodically throughout the year.
To see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth so as to extend the existing Business Redevelopment Zoning District by rezoning from Residential C to Business Redevelopment that portion of the land at 480 Main Street shown on the Falmouth Assessors Map 47B Section 02 Parcel 012 Lot 000 (the “Premises”), extending 120 feet northerly of the existing Business Redevelopment Zone district boundary located on the Premises, and further described as follows:
Beginning at a point at the westerly lot line of the Premises where the existing boundary of the Business Redevelopment and Residential C zones intersects the westerly lot line of the Premises;
Thence S 78° 10’ 34” E, 290.85 feet by other land of the Premises;
Thence N 32° 25’ 50” E, 126.99 feet by land shown on the Falmouth Assessor’s Map as Map 47B Section 02 Parcel 007 Lot 000;
Thence N 77° 58’ 53” W, 317.13 feet by other land of the Premises;
Thence S 20° 32’ 49” W, 121.37 feet by land shown on the Falmouth Assessor’s Map as Map 47B Section 02 Parcel 021 Lot 010 and Map 47B Section 02 Parcel 020 Lot 007, to the point of beginning.
Said land to be rezoned to Business Redevelopment is shown on a plan entitled “Plan of Land to be Rezoned” dated: 10/08/04; Plan Scale: As noted; Applicant: Charles Marzot, prepared by Christopher Costa & Associates, Inc., 465 East Falmouth Highway, East Falmouth, MA 02536.
On request of Charles Marzot.
RECOMMENDATION (Planning Board): The Planning Board will give its recommendation at Town Meeting.
EXPLANATION: At the time the warrant went to print, the Planning Board and the Petitioner had not concluded their deliberations regarding this Article.
MAP INCLUDED
To see if the Town will vote to amend the Zoning Bylaw by adding the following new zoning district:
HISTORIC VILLAGE CENTER OVERLAY DISTRICT
Purpose.
The purpose of this article is to preserve and enhance existing historic village centers and the traditional pattern of development that has characterized these village centers, the role these centers play in the settlement pattern of the Town, and the scale and nature of services they provide to their surrounding community by limiting the uses permitted in an historic village center.
Establishment and delineation of Historic Overlay District
This Article shall apply to all developments within the Business-3 Districts bisected by Old Main or County Road in North Falmouth and shown on Assessor’s Maps 2, 2A + 5A.
Restrictions
Development subject to this Article shall not be eligible for the granting of certain special permit uses which would otherwise be available in a Business-3 District. The special permit uses not permitted within the Historic Village Overlay District are Section 249-51A. (5),(6),(7),(8),(9),(10),(11), and (12). In addition development which is allowed pursuant to section 240-49B. is not allowed.
Additional Permitted Uses
To encourage mixed use and compact development within a village center any permitted residential use may be permitted in the same structure or on the same lot as a permitted business or commercial use.
Or do or take any other action on this matter. On request of Patricia Johnson and others.
RECOMMENDATION (Planning Board): That the town vote to amend Chapter 240 - Zoning - of the Code of Falmouth by adding the following:
§240- 250 Historic Village Center Redevelopment District
A. Purpose. The purpose of this article is to maintain and enhance Falmouth’s historic village centers by preserving the traditional pattern of development these village centers characterize, the role these centers play in the settlement pattern of the Town and the scale and nature of services provided therein to the community.
B. Permitted Mixed Uses (Residential/Commercial Uses)
1. § 240-18.1 notwithstanding, any combination of permitted community service, business and commercial uses together with residential uses under three (3) units per acre with the following criteria:
Commercial or community service uses must be present within at least the 1st story space within any mixed-use structure.
The mixed-use development must be less than 10,000 sq. ft. gross floor area.
1. One, two family residence
2. Public or non-profit housing for the elderly. (See §240-164)
D. Permitted community service uses
Churches, schools, libraries, museums, educational, research and philanthropic institutions, cemeteries.
All municipal purposes, including the administration of government, parks, playgrounds, recreation buildings, town forests, water towers, fire and police stations
E. Permitted business and commercial uses
Retail sales not more specifically listed up to 4,000 square feet gross floor area for each establishment.
Business or professional offices, bank, medical clinic, computer center.
Personal and household services up to 4,000 square feet gross floor area for each establishment.
Class I or Class II restaurants
Arts and crafts, without continuous production
Such accessory uses as are customarily incidental to any of the above uses except that the outdoor display and/or storage of goods and merchandise for sale is permitted only when such display and/or storage is wholly incidental and secondary to a primary use conducted within the permanent structure on the lot. No such display and/or storage may occur in delineated parking spaces, traffic lanes, crosswalks, sidewalks and front yards. No additional signs are permitted.
The taking of four or fewer boarders within a single family dwelling by a family resident on the premises.
A home occupation. (See § 240-162.)
Television or radio antennas not exceeding 50 feet above ground level.
Portable woodworking mill.
G. Special permit uses:
Uses allowed on special permit from the Board of Appeals:
1. Commercial accommodations. (See Article XXVII.)
2. Conversion of a dwelling in existence on a lot as of 1 January, 1980 into up to four dwelling units if the conversion involves no material change to the exterior of the existing dwelling, and if the Board of Appeals determines that the size of the dwelling and the lot are suitable for the remodeling.
3. 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.
4. Motor vehicle service stations
5. Class III restaurant
6. Private Clubs not conducted for profit
Uses allowed on special permit from the Planning Board:
7. Any new construction of a business or commercial shopping center with a proposed gross floor area of 7,000 square feet or more.
8. Any new mixed use construction with a proposed gross floor area of 10,000 sq. ft. or more
9. Common driveway
H. Dimensional Requirements
Minimum Lot Size 30,000 square feet
Minimum Lot Width 125 feet
Maximum
Lot Coverage 65%
by Structures, Paving & Parking
Maximum
Lot Coverage 40%
by Structures
Maximum Building Height 35 feet/2.5 stories
Minimum
Setbacks FY - 25 feet
SY/RY – 10 feet, except 20 feet between adjoining residential zone
EXPLANATION: The Planning Board has been working with residents and the North Falmouth Village Association to develop new zoning for its village center. Since June, the Village Association has held public forums to discuss a vision and the type of zoning to achieve their desires. The recommendation above represents their vision of a mixed use residential and commercial village center district. Falmouth residents may request this district to be adopted in other areas of town.
MAP INCLUDED
To see if the Town will vote to amend the official zoning map by adopting the Historic Village Center Overlay District on all B-3 zoned property on County Road and Old Main Road and shown on Assessor’s Map 2, 2A and 5A, or do or take any action of this matter. On request of Patricia Johnson and others.
RECOMMENDATION (Planning Board): That the Town vote to amend the official zoning map by adopting the Historic Village Center Redevelopment District for all B-3 zoned property fronting on County Road and Old Main Road and/or shown on Assessor’s Map 2, 2A and 5A.
EXPLANATION: This article would apply the Historic Village Center Redevelopment District adopted under Article 19 for all Business 3 zoned parcels on Old Main Road and County Road in North Falmouth.
MAP INCLUDED
To see if the Town will vote to appropriate a sum of money for the design, construction, renovation and addition of the Falmouth Public Library on Katherine Lee Bates Road, including costs incidental and related thereto, and to determine how to raise this appropriation including 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 provision of Proposition 2 1/2 , so called, and to determine 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 appropriate the sum of $9,189,134 for the purposes of design, construction, renovation and addition of the Falmouth Public Library on Katherine Lee Bates Road, including costs incidental and related thereto, and that to raise this appropriation the Town Treasurer with the approval of the Board of Selectmen, is authorized to borrow said 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 of Proposition 2½, so called.
EXPLANATION: Over the past decade the Library has been in need of various utility system and structural repairs. Due to the difficulty in renovating this structure, attempts to renovate completely to resolve all the various problems and bring the building up to current codes and patron needs, had been held off until a comprehensive renovation plan could be accomplished. Although these are financially difficult times, the Finance Committee feels the time has come to take care of this important Town building and provide the town with a Library that should take us 20 to 30 years into the future. The Town has asked to appropriate $9,189,134 which is the total cost of the project. However, a state grant is expected in the amount of $2,671,086. Donations are expected from the Library Board of Trustees and the Friends of the Library to be put towards this project.
To see if the Town will vote to appropriate a sum of money to enter into a contract for engineering and consultant services to prepare a response action (Class A RAO) for submission to the Massachusetts Department of Environmental Protection on Case Dep RTN 4-10523 and required to be filed to achieve site closure arising out of an oil spill at 20 Academy Lane in Falmouth reported to the DEP in 1994, or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash for the purposes of Article 22 to be expended under the jurisdiction of the Director of Public Works.
EXPLANATION: Furgo East, Inc. (Furgo) conducted assessment and response actions on behalf of the Town of Falmouth. In June 1995, Furgo submitted a Class C Response Action Outcome (RAO) Statement for the RTN indicating that a Temporary Solution was achieved. Disposal sites for which Class C RAO Statements have been filed must conduct periodic evaluations of the Temporary Solution not less than every fifth year. Additionally, sites where Class C RAO Statements have been submitted are now being assessed annual compliance fees until a Permanent Solution is achieved through submittal of a Class A RAO. The Town must now fund this process.
To see if the Town will vote to appropriate the sum of $20,000 for the installation of tie off pilings at the town marina 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 $20,000 from the Reserve/Waterways Appropriation Fund for the purposes of Article 23 to be expended under the jurisdiction of the Waterways Committee.
EXPLANATION: These tie off pilings are needed to allow for easier and safer tie up of mid size boats.
To see if the town will vote to appropriate the sum of $60,000 from the Community Preservation Fund to be made available to Habitat for Humanity for the purpose of constructing affordable housing on parcels on Sam Turner Rd. (Assessors map #11 02 004A000; 11 02 004 000), with special conditions to include affordable housing deed restrictions, under the CPA category of Affordable Housing, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $60,000 from the Community Preservation Fund for the purposes of Article 24 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 24.
The Finance Committee has reviewed all of the Community Preservation articles and recognizes the accomplishments of the Community Preservation Committee in organizing this to present these articles to Town Meeting. The Community Preservation Act covers the needs of the Town of Falmouth by providing funding in several critical areas. The Finance Committee would like to recommend that the Selectmen and the Town Administrator pursue all avenues available through the Community Preservation Act to help preserve historical Town owned buildings and to expand opportunities for the residents of Falmouth through the unique funding opportunity of the Community Preservation Act.
MAP INCLUDED
To see if the town will vote to appropriate the sum of $40,000 from the Community Preservation Fund to be made available to Falmouth Affordable Housing Committee for the purpose of conducting a professional engineering evaluation of 419 Woods Hole Rd. for possible development of affordable housing, so as to minimize impacts on the topography and vegetation and to place a priority on cluster development and preserving open space, and under the CPA category of Affordable Housing, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $40,000 from the Community Preservation Fund for the purposes of Article 25 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 25.
MAP INCLUDED
To see if the town will vote to appropriate the sum of $250,000 from the Community Preservation Fund to be made available to the Falmouth Affordable Housing Committee for the purpose of constructing affordable housing units on Ward & Chester Streets (Assessors map #02A07 006A017; 02A07 006 009), and Cloverfield Way (Assessors Map #06 02 007 & 008) with special conditions to include authorized land disposition and affordable housing deed restrictions under the CPA category of Affordable Housing, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $250,000 from the Community Preservation Fund for the purposes of Article 26 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 26.
To see if the town will vote to appropriate the sum of $250,000 from the Community Preservation Fund to be made available to the Falmouth Housing Authority for the purpose of an affordable housing retention program, with special conditions to include affordable housing deed restrictions, under the CPA category of Affordable Housing, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $250,000 from the Community Preservation Fund for the purposes of Article 27 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: Although the Finance Committee agrees that deed restrictions will be useful in placing affordable houses in perpetuity, it does not support Article 27 because there is no definite purpose for this funding. These funds should be included in Article 38 for future action on a specific purpose.
To see if the town will vote to appropriate the sum of $250,000 from the Community Preservation Fund to be made available to Historic Highfield, Inc. for the purpose of contributing to the cost of installation of a new HVAC system at Highfield Hall, under the CPA category of Historic Preservation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $250,000 from the Community Preservation Fund for the purposes of Article 28 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee does not support Article 28. The Finance Committee was told that the renovations of Highfield Hall would be paid for with private funds when the building was purchased per April 2000 Special Town Meeting Article 5.
To see if the town will vote to appropriate the sum of $150,000 from the Community Preservation Fund to be made available to the Falmouth Chamber of Commerce for the purpose of partial reimbursement of the cost of renovation of 26 Academy Lane, under the CPA category of Historic Preservation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $150,000 from the Community Preservation Fund for the purposes of Article 29 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 29.
To see if the town will vote to appropriate the sum of $27,650 from the Community Preservation Fund to be made available to the United Methodist Church for the purpose of professional cleaning and preservation of gravestones at the East Falmouth Burying Ground (Assessors map # 33 18 018B000) and refurbishing of the cemetery grounds with special conditions to include historic preservation restrictions and under preservation guidelines for historic cemeteries as promulgated by the Massachusetts Department of Environmental Management, under the CPA category of Historic Preservation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $27,650 from the Community Preservation Fund for the purposes of Article 30 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 30.
MAP INCLUDED
To see if the town will vote to appropriate the sum of $30,000 from the Community Preservation Fund to be made available to the Falmouth Historical Commission for the purpose of professional surveying and cataloguing of historic structures built prior to 1930, under the CPA category of Historic Preservation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $30,000 from the Community Preservation Fund for the purposes of Article 31 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 31.
To see if the town will vote to appropriate the sum of $28,000 from the Community Preservation Fund to be made available to the Falmouth Historical Society for the purpose of designing climate control facilities at 55 and 65 Palmer Ave., with special conditions to include historic preservation restrictions and under the Secretary of the Interior standards for historic preservation, under the CPA category of Historic Preservation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $28,000 from the Community Preservation Fund for the purposes of Article 32 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 32.
MAP INCLUDED
To see if the town will vote to appropriate the sum of $300,000 from the Community Preservation Fund to be made available to the Recreation Committee for the purpose of constructing recreation field facilities on Sandwich Road (Assessors map #17 01 016 026), under the CPA category of Recreation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $300,000 from the Community Preservation Fund for the purposes of Article 33 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 33.
MAP INCLUDED
To see if the town will vote to appropriate the sum of $20,000 from the Community Preservation Fund to be made available to the Town Building Committee for the purpose of completing final designs of the town band shell new construction under the CPA category of Recreation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $20,000 from the Community Preservation Fund for the purposes of Article 34 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee does not support Article 34. November 2003 Town Meeting approved $300,000 for the construction of a new Bandshell. At that time, that was a firm number for both the design and construction. In a little over two years the construction cost has risen to $650,000. The Finance Committee believes this cost is not reasonable.
To see if the town will vote to appropriate the sum of $1,400 from the Community Preservation Fund to be made available to the East Falmouth Village Association for the purpose of purchasing two park benches for the East Falmouth Fire Station, under the CPA category of Recreation, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $1,400 from the Community Preservation Fund for the purposes of Article 35 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 35.
To see if the town will vote to appropriate the sum of $200,000 from the Community Preservation Fund as an open space reserve for the purpose of open space land acquisition under the CPA category of Open Space, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $200,000 from the Community Preservation Fund for the purposes of Article 36 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 36.
To see if the town will vote to appropriate the sum of $100,000 from the Community Preservation Fund to be made available to the Community Preservation Committee for the purpose of administrative expenses of the committee and including one professional staff position, under the CPA category of administrative expenses, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $100,000 from the Community Preservation Fund for the purposes of Article 37 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 37.
To see if the town will vote to appropriate the sum of $105,000 from the Community Preservation Fund for the purpose of funding an annual budgeted reserve from FY07 fund revenues for future town meeting action on recommendation of the Community Preservation Committee, or act in any way relative thereto. On request and recommendation of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $105,000 from the Community Preservation Fund for the purposes of Article 38 to be expended under the jurisdiction of the Community Preservation Committee.
FINANCE COMMITTEE: The Finance Committee supports Article 38.
To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to use funds held in the road and sidewalk betterment account authorized by Chapter 35 of the Acts of 1998 to pay for bonds issued for road acceptance and improvement purposes with the provision that road acceptance and improvement projects are undertaken pursuant to G.L. ch. 80, the Betterment Act, and each bond issue be approved by an appropriate town meeting vote. Or do or take any other action on the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of One Million and no/100 ($1,000,000) Dollars for road and sidewalk improvements, including costs incidental and related thereto, to be expended under the jurisdiction of the Board of Selectmen, and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of One Million and no/100 ($1,000,000) Dollars under and pursuant to the provisions of Chapter 44, section 7(5) of the Massachusetts General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefore, with the provision that road acceptances and improvement projects be under taken pursuant to Chapter 80 of the Massachusetts General Laws, known as the Betterment Act, and that betterment payments received be paid into the road and sidewalk betterment account authorized by Chapter 35 of the Acts of 1998 to pay for the bonds or notes so issued.
EXPLANATION: The 1997 April Town Meeting established a Road Acceptance and Improvement Fund. Betterment income from roads taken under the 100% Betterment Revolving Fund Program and betterment income from future roads taken under this same program will fund the debt service obligation for this request. This program will help address the continuing demand for private road takings.
To see if the Town will vote to authorize the Board of Selectmen to let or lease town owned property at 67 Davisville Road in East Falmouth known as Emerald House, for a term in excess of ten (10) years upon such terms and conditions as the Board of Selectmen deem appropriate. Or do or take 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 allows the Town to enter into a long-term lease agreement with the Falmouth Service Center. The Service Center has an established capital improvement fund and program and has continued to renovate and maintain the property. A long-term agreement will include the continuation of the maintenance program. The use of the property will continue as a Thrift Shop.
To see if the Town will vote to authorize the Board of Selectmen to let or lease a parcel of land containing one (1) acre, more or less, at the Town’s Wastewater Treatment Facility property at 154 Blacksmith Shop Road for the purposes of erecting, maintaining and operating a wind turbine to generate electricity, together with appurtenant easements for wires, pipes, conduits and supporting structural elements, said lease to be for a term in excess of ten (10) years and upon such terms as the Board of Selectmen deem appropriate. 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 41 as printed.
EXPLANATION: This article will allow the Town to continue to work with the Massachusetts Technology Collaborative to pursue wind energy options at the Waste Water Treatment Facility.
MAP INCLUDED
To see if the Town will vote to authorize the Board of Selectmen to sell or otherwise convey two (2) parcels of land on Cloverfield Way in Hatchville, being shown on the Assessors’ map as 06-02-007-000 and 06-02-008-000, subject to an appropriate restriction that the land be used for affordable housing and upon such further terms and conditions as the Board of Selectmen deems appropriate, 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 42 as printed.
EXPLANATION: Consistent with the Town of Falmouth’s Affordable Housing Plan and on behalf of the Affordable Housing Committee, the Board of Selectmen accepted a proposal from the Housing Authority to construct one single family home on the parcels above. The property will be restricted as affordable in perpetuity.
MAP INCLUDED
To see if the Town will vote to authorize the Board of Selectmen to sell or otherwise convey two (2) parcels of land at the intersection of Ward and Chester Streets in North Falmouth, being shown on the Assessors’ map as 02A-007-006-009 and 02A-007-006A-017, subject to an appropriate restriction that the land be used for affordable housing and upon such further terms and conditions as the Board of Selectmen deems appropriate, 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 43 as printed.
EXPLANATION: Consistent with the Town of Falmouth’s Affordable Housing Plan and on behalf of the Affordable Housing Committee, the Board of Selectmen accepted a proposal from the Housing Authority to construct two single family homes on the parcels above. The property will be restricted as affordable in perpetuity.
MAP INCLUDED
To see if the Town will vote to amend Chapter 107 DEMOLITION By-Law of the Code of Falmouth by deleting Chapter 107 in its entirety and inserting in its place the following:
I, Demolition Delay
This by-law is enacted for the purpose of preserving and protecting significant buildings within the Town which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town and to limit the detrimental effect of demolition on the character of the town. Through this bylaw, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings, and residents of the town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this bylaw promotes the public welfare by making the town a more attractive and desirable place in which to live and work. To achieve these purposes the Historical Commission is authorized to advise the Building Commissioner with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this by-law.
APPLICANT-Any person or entity who files an application for, or a Request for Determination relative to, a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application.
APPLICATION-An application for the demolition of a building.
BUILDING-Any combination of materials forming a shelter for persons, animals, or property.
BUILDING COMMISSIONER - The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits.
COMMISSION – The Falmouth Historical Commission or its designee.
DEMOLITION - Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. Substantial destruction shall be considered the pulling down, destroying, removing, dismantling or razing of more than 50% of the exterior wall surface, or more than 50% of the roof structure, of the building.
DEMOLITION PERMIT - The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building.
PREFERABLY PRESERVED - Any significant building which the Commission determines, following a public hearing, that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the twelve month demolition delay period of this bylaw.
SIGNIFICANT BUILDING – Any building within the Town which is in whole or in part sixty-five years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria:
The Building is listed on, or is within an area listed on, the National Register of Historic Places; or
The Building has been found eligible for the National Register of Historic Places; or
The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth; or
The Building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings.
REQUEST FOR DETERMINATION – A request from an applicant to the Town Clerk, and through him to the Historical Commission, for a determination by the Town Clerk whether a building is known to be less than 65 years old, and if it is not less than 65 years old for a determination by the Historical Commission whether it is a significant building, and if it is a significant building for a further determination by the Historical Commission whether it is preferably preserved, each determination being made according to the provisions of this article.
§107-3: Procedure
No demolition permit for a building which is in whole or in part sixty-five years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over 65 years old for the purposes of this bylaw.
Prior to when application is made for a demolition permit at the Building Department, the applicant shall file with the Town Clerk a Request for Determination containing the following information:
The address of the building to be demolished.
The owner's name, address and telephone number.
A description of the building.
The reason for requesting a demolition permit.
A brief description of the proposed reuse, reconstruction or replacement.
A photograph or photograph(s) of the building.
Upon receipt of such request the Town Clerk will certify whether the building is known to be less than 65 years old according to Town records. The Building Commissioner shall not accept or act on any application for a demolition permit without a letter from the Town Clerk advising the Building Commissioner whether the building is known to be less than 65 years old. Upon receipt of certification by the Town Clerk that the building is known to be less than 65 years old, the Building Commissioner may accept and act upon an application for a demolition permit for the building.
The Town Clerk shall within seven days forward a copy of the Request for Determination to the Commission with a copy of the letter certifying whether the building is known to be less than 65 years old. If the building is not known to be less than 65 years old, the Commission shall within fifteen days after receiving the Request for Determination, make a written determination of whether the building is significant. To promote the efficiency of this process, the Commission may at its discretion keep a list of buildings previously found to be significant, in accordance with the provisions of Section 5 of this Article.
Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then accept and act upon an application for a demolition permit for the building.
Upon determination by the Commission that the building is significant, the Commission shall so notify the Building Commissioner and the applicant in writing. No demolition permit may be issued at this time. If the Commission does not notify the Building Commissioner within fifteen days of receiving the application, the Building Commissioner may proceed to accept and act upon an application for a demolition permit for the building.
If the Commission finds that the building is significant, it shall hold a public hearing within thirty days of the written notification to the Building Commissioner. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in town hall for a period of not less than seven days prior to the date of said hearing and the applicant and the Building Commissioner shall be notified in writing of the meeting time and place.
The Commission shall decide at the public hearing or within fourteen days after the public hearing whether the building should be preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed.
If the Commission determines that the building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then accept and act upon an application for a demolition permit for the building.
If the Commission determines that the building is preferably preserved, the Commission shall notify the Building Commissioner and applicant in writing. No demolition permit may then be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission. If the Commission does not so notify the Building Commissioner in writing within twenty one days of the public hearing, the Building Commissioner may accept and act upon an application for a demolition permit for the building.
Upon a determination by the Commission that any building which is the subject of a Request for Determination is a preferably preserved building, no building permit for new construction or alterations on the premises shall be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission.
No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section.
The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the twelve months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is served even with the issuance of the demolition permit or the building permit.
Following the twelve month delay period, the Building Commissioner may issue a demolition permit for the building.
The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw.
The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this bylaw.
The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee.
The Commission may pro-actively develop a list of significant buildings that will be subject to this bylaw. Buildings proposed for the significant building list shall be added following a public hearing. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in town hall for a period of not less than seven days prior to the date of said hearing and the owner shall be notified in writing of the meeting time and place.
If after an inspection, the Building Commissioner finds that a building subject to this bylaw is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Commissioner may issue an emergency demolition permit to the owner of the building or structure. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision which shall be forwarded to the Commission.
The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this by-law or to prevent a threatened violation thereof.
Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission.
If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission.
Following a determination that the building is significant and preferably preserved, the Commission may recommend to town meeting that the building be protected through the provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this by-law shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this by-law do so conflict, that act shall prevail.
This bylaw shall take effect September 1, 2006. The terms of the previous Demolition Delay Bylaw will continue to be in effect for demolition permit applications delivered to the Town Clerk on or before August 31, 2006. Upon approval of this article by the Office of the Attorney General, the Historical Commission shall have the authority to begin development of a list of significant buildings in accordance with the provisions of Section 5 of this article.
In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.
Or do or take any other action on this matter. On request of the Historical Commission.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
EXPLANATION: The Board of Selectmen supports an expanded timeframe for the Historical Commission to preserve or relocate an historic resource. The Historical Commission has held public hearings on the proposed bylaw changes but has not reported back at this writing. More time is required to evaluate the revised bylaw and extended delay period.
To see if the Town will vote to amend ch. 83 § 18 of the Code of Falmouth, Dogs at Large, by adding a new subsection c. to read as follows:
c. The Board of Selectmen may, after public hearing, designate areas within town conservation lands, open space or forests to be known as off-leash areas subject to the following provisions:
1. The off-leash areas shall be clearly identified by visible landmarks and shall be appropriately posted with signage;
2. Within an off-leash area all dogs must be within the sight and the range of voice commands of the handler who shall have continuous command of the dog;
3. The director of the Department of Natural Resources, an animal control officer or a police officer may order that particular dog be leashed in the off-leash areas if the dog is threatening or disturbing to other animals or persons or is not under the handler’s continuous command; and
4. All other provisions of this by-law remain in full force and effect.
Or do or take any other action on this matter. On request of the Department of Natural Resources.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
EXPLANATION: The Director of Natural Resources has requested that this article be indefinitely postponed for further study.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11 and any other appropriate authority.
Amend §C1-3. Form of Government, to read:
§C1-3. Form of Government. This Charter provides for the representative Town Meeting/Selectmen/Town Manager form of government, and it shall be known by the title “Falmouth Home Rule Charter.”
And further amend, in all subsequent sections of the Charter the reference to the town administrator to the town manager.
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 46 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch.. 43B, §§10 and 11, and any other appropriate authority.
Amend §C2 -14. Watchman of the Warrant, to read:
§C2-14 Watchman of the Warrant. The moderator shall act as the Watchman of the Warrant and shall present a written progress report on each passed action article of Town Meeting to be printed in the Annual Town Report.
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 47 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval pursuant to the Home Rule Procedures Act, G.L. ch.43B, §§10 and 11, and any other appropriate authority.
Amend §C3-3 Policy Leadership, subsection A, to read:
A. The Board shall serve as the chief executive goal setting and policy making board of the town. The Board shall set a long range plan of no less than five (5) years to be examined annually and modified as needed. The Board shall cause the plan to be regularly printed in the Annual Town Report.
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 48 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval pursuant to the Home Rule Procedures Act, G.L. ch.43B, §§10 and 11, and any other appropriate authority.
Delete §C3-4. Administration, and replace it with a new section, §C3-7A, to read:
A. The Board shall not administer the day to day operations of the town, but shall direct the Town Administrator to do so. The Board shall act only as a collective body and members shall possess no individual authority. The Board shall work through the Town Administrator when dealing with matters involving department heads or other town employees.
And further amend the present sections C3-7A through F of the Charter by numbering them C3-7B through G respectively.
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 49 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11, and any other appropriate authority.
Amend §C3-6, Powers of Appointment, subsection C, to read:
C. The Board shall also have the power to appoint ad hoc multi-member bodies and define their duties, set the limits for the scope of their responsibilities and the terms of their existence. Any such committee having a planning function shall coordinate its activities with the Planning Board at least once a year.
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 50 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual Town Meeting for the election of officers for their approval pursuant to The Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11, and any other appropriate authority.
Amend §C4-3. Town Clerk, by adding subsection C, to read:
C. Compensation for the Town Clerk shall be determined by the Representative Town Meeting acting on an annual recommendation of the Finance Committee.
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 51 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval pursuant to the Home Rule Procedures Act, G.L. ch.43B, §§10 and 11, and any other appropriate authority.
Amend §§C4-6. Planning Board, subsections B and C to read:
B. The Board shall make recommendations as it deems necessary on all matters concerning the physical, economic and environmental development of the town to the Board of Selectmen and to the parties directly involved through the Town Planner, who acts as the Board’s administrator.
C. The Planning Board shall be responsible for the development and periodic updating of a Master Plan or portions thereof. Such plan may include all or portions of plans developed by other boards or committees but these inclusions must receive a vote of approval by the Planning Board. Plans approved by the Local Comprehensive Planning Committee must receive a vote of approval from the Planning Board before submission to Town Meeting and then the Cape Cod Commission.
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 52 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11 and any other appropriate authority.
Delete §C5-2, Qualifications, subsection B, which requires that the town administrator be a resident of the town when appointed to office or within eight (8) months thereafter.
Or do or take and other action on the matter. On request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 53 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11, and any other appropriate authority.
Amend §C5-4, Responsibility for Appointment (Town Administrator), subsection A, to read:
A. Subject to the approval of the Board of Selectmen granted within ten (10) working days, the Town Administrator shall appoint and, on the basis of merit and fitness alone, and except as otherwise is provided by General Law, Charter or personnel bylaws, may suspend or remove an Assistant Town Administrator; a Town Planner; a Town Counsel; a Town Treasurer; a Town Collector; division and department heads; and a Director of Personnel. The failure of the Board of Selectmen to act within ten (10) working days shall constitute approval of the Town Administrator’s actions.
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 54 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11 and any other appropriate authority.
Delete §C5-4, Responsibility for Appointments (Town Administrator), subsection B. which requires that persons appointed to positions in subsection A be, or within eight months, of the date of appointment, become town residents.
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 55 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11, and any other appropriate authority.
Amend §C5-13, Acting Town Administrator, subsections, A, B and C to read:
A. The Assistant Town Administrator shall act as the Town Administrator during the absence of the Administrator of not more than ninety (90) days and, with the approval of the Board of Selectmen, for an additional period of ninety (90) days.
B. Delete.
C. In the event of a vacancy in the office of Town Administrator caused by the suspension, removal, resignation or death or the temporary absence of both Town Administrator and the Assistant Town Administrator, the Board of Selectmen shall designate, within ten (10) days of any such event, a town employee or other person to exercise the powers and perform the duties of the Town Administrator. This designation shall be for a period not to exceed ninety (90) days, and it may be renewed, only once, for an additional period not to exceed ninety (90) days. Members of the Board of Selectmen shall be ineligible to serve in this capacity. The designation shall be made by vote at a duly noticed open meeting and a copy shall be filed with the Town Clerk.
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 56 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval, pursuant to the Home Rule Procedures Act, G.L. ch. 43B, §§10 and 11, and any other appropriate authority.
Amend: §C7-2, General Provisions (Appointed Town Boards), subsection H, to read:
H. No member of any board or multi-member body appointed by the Board of Selectmen, whether or not mentioned in Article VII of this Charter, shall serve more than three (3) consecutive three year terms.
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 57 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to propose an Amendment to the Falmouth Home Rule Charter to be submitted to the voters at the next annual town meeting for the election of officers for their approval pursuant to the Home Rule Procedures Act, G.L. ch.43B, §§10 and 11, and any other appropriate authority.
Amend §C8-3, Submission of budget and budget message, by adding a new subsection H to read:
H. The Finance Committee shall annually review the salaries of all elected officials and make recommendations to the Representative Town Meeting.
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 58 as printed.
EXPLANATION: The Board of Selectmen discussed the report of the Charter Review Committee on December 5, 2005, and supports its recommendations.
To see if the Town will vote to appropriate a sum of money for the purpose of funding design, permitting and construction of repair, restoration and/or replacement of the seawall damaged in December 2005 at 54 Gardiner Road in Woods Hole (Assessors Parcel 49A 06 031B 001) and the culvert under Gardiner Road at that location, and associated wetlands, so as to protect the public way and nearby properties, and to determine how such sum shall be raised and by whom expended. Or do or take any other action in this matter. On request of Catherine B. Cramer and others.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: A funding amount for this project was not provided. Public funds should not be used to improve private property.
To see if the Town will vote to authorize the Board of Selectmen to grant an easement for underground utility purposes to Commonwealth Electric Company, d/b/a NSTAR Electric, and Verizon of New England, Inc., as tenants in common, under certain town owned land being the Falmouth High School at 874 Gifford Street in Falmouth, with the location of the easement to be determined by the location of the utilities as installed, and upon such further terms and conditions as the Board of Selectmen deem appropriate. Or do or take any other action on this matter. On request of the School Committee.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 60 as printed.
EXPLANATION: A permanent easement is required for the Falmouth High School renovation.
To see if the Town of Falmouth will, in accordance with M.G.L. c.40, section 4A, authorize the Board of Health and/or Health Agent to enter into an inter-municipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the Town and various governmental units. Or do or take any other action relative thereto. On request of the Board of Health.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 61 as printed.
EXPLANATION: Town Meeting’s authorization is required for all Inter-Municipal Agreements.
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 (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.
To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN 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 and further to make this appropriation subject to the vote of an exclusion from the provision of Proposition 2 ½. Or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: This article originally appeared in the November 2005 Annual Town Meeting. Funding was not available to purchase this property at that time. The property is currently under Purchase and Sale Agreement is with a buyer other than the Town of Falmouth.
To see if the Town will vote to appropriate a sum of money for the purpose of constructing a municipal sanitary sewer system to serve the New Silver Beach area, 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 Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The sum of $3,567,000 was appropriated at the 1997 Fall Town Meeting for the purposes of constructing a sewer system for the New Silver Beach area. Construction has not begun on either the treatment plant or the collection system as the approved permits have been under a lengthy legal appeal. This article was placed on the warrant with the hope that the appeals would be resolved by this town meeting and a revised construction budget could be considered. That action is being postponed until the Fall 2006 Town Meeting. The appeals have not yet been resolved.
MAP INCLUDED
To see if the Town will vote to determine what percentage of the cost of building the sewer system in the New Silver Beach Sewer Service Area, which includes land acquisition, design permitting, construction and equipment costs, shall be paid by abutting landowners by betterment assessments and by the Town from other funds. Or do or take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The present assessment for the construction of the New Silver Beach sewer calls for a 100% betterment on property owners in the service area. This article will allow for a reevaluation of that decision. The Finance Committee believes this discussion should take place after the final costs have been determined and input from the Board of Selectmen and the public has been heard. Since legal appeals continue to hold up construction on this project, no action needs to be taken on this article at this time.
To see if the Town will vote to amend Chapter 191 Solid Waste By-Law of the Code of Falmouth by deleting Chapter 191 in its entirety and inserting in its place the following:
§ 191-1. Definitions.
For the purpose of this Article, certain words and terms are defined as follows:
BULKY WASTES-- Solid Waste comprised of large discarded materials such as appliances, furniture, mattresses, and other metal wastes.
C&D DEBRIS—Materials resulting from the construction and demolition (C&D) of buildings and other structures, including materials such as metals, wood, gypsum, asphalt shingles, roofing, concrete, rocks, rubble, soil, paper, plastics and glass, but excluding putrescible wastes.
DEMOLITION -- All refuse or residue, except concrete and masonry rubble, resulting directly from building or site construction, reconstruction, repair or demolition, or other incidental work in connection with any premises.
DEPARTMENT -- The Department of Public Works of the Town of Falmouth.
DIRECTOR -- The Director of Public Works of the Town of Falmouth.
GARBAGE -- All putrescible animal or vegetable wastes.
HAZARDOUS WASTE -- Solid Wastes with properties that make them dangerous or capable of having a harmful effect on human health and the environment. Under RCRA, Hazardous Wastes are specifically defined as wastes that exhibit a specific characteristic (toxicity, flammability, ignitability or infectious) or are specifically listed as a hazardous waste in the Subtitle C.
REFUSE -- Non-Putrescible solid waste. Contrast “garbage”.
SOLID WASTE—Any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from residential habitation; industrial, commercial, mining, and agricultural operations; and community activities.
WHITE GOODS – Discarded household appliances such as stoves, refrigerators, and washing machines.
§ 191-2. Responsibility for refuse disposal.
The Department of Public Works for the Town of Falmouth shall have power and is hereby empowered to take such measures, as it shall deem effectual for the disposal of solid waste in the Town of Falmouth under the rules and regulations. The operation of the Waste Management Facility shall be under the supervision of the Director of Public Works.
§ 191-3. Management of Waste Management Facility. Management of the Waste Management Facility shall be under the jurisdiction of the Department of Public Works.
§ 191-4. General rules governing use of disposal area.
A. Any person, firm or corporation shall deposit or cause to be deposited solid waste in areas within the Waste Management Facility that are designated as such to accept that particular type of solid waste. The Waste Management Facility gate attendant or operator may hold for examination or reject any material he believes may be hazardous waste until a proper determination can be made.
B. The Waste Management Facility operated and maintained by the Department shall be for the disposal of acceptable solid waste generated within the boundaries of the Town of Falmouth. All wastes originating outside the town's boundaries are expressly prohibited. Hours of operation are posted at the entrance gate and periodically advertised.
C. All materials delivered and deposited in the Waste Management Facility shall remain the property of the Department. No person shall separate, collect or carry off such materials unless authorized to do so by the Director. Items deposited at the Swap Shop are an exception to this rule.
§ 191-5. Solid waste considered not acceptable.
The following solid waste shall be considered not acceptable for disposal at the disposal area:
A. Dangerous chemicals, other hazardous wastes, explosive materials or materials of unknown composition will not be accepted unless special arrangements are made with the Department and/or Health or Fire Department.
B. Tree stumps, branches and woody stems. Leaves, grass clippings and garden waste must be deposited at the town composting facility on Blacksmith Shop Rd.
C. Materials of any kind or nature, including ashes, that contain hot live coals or fire.
D. Auto car or truck bodies.
E. Whole house and/or principal structure demolition and concrete and masonry rubble.
F. Dead animals and road kill.
G. Asbestos including shingles, tile and insulating materials containing asbestos.
H. Boat hulls of fiberglass, plastic or wood over 17 feet.
I. Ammunition or explosives.
Paint, stains and solvents.
§ 191-6. Refuse considered acceptable.
The following solid waste shall be considered acceptable, subject to special conditions:
A. Tires shall be off the rim. Tires larger than seventeen (17) inches in diameter will be subject to a fee.
B. Leaves, grass clippings and succulent growth will not be accepted at the main facility, but shall be deposited at the leaf composting area on Blacksmith Shop Road. [Added STM 10-25-1989, Art. 55]
§ 191-7. Solid waste in open trucks.
All solid waste in open trucks must be covered and tied down.
§ 191-8. User fees.
The Board of Selectmen, unless otherwise provided by statute, shall annually establish and promulgate fees to be charged.
A. Stickers
(1) Falmouth residents may purchase stickers by mail or at Town Hall.
(2) A sticker is a PERMIT. This permit may be revoked or suspended by the Department of Public Works or its agents, for misuse or cause.
(3) Stickers must be attached to the lower left of the front windshield of the vehicle registered to it. It is not transferable. If the vehicle is sold or the glass replaced, the sticker must be removed. A new sticker will be issued upon delivery of the old one to Town Hall.
(4) A one time pass to the Waste Management Facility may be purchased from the gate keeper or at Town Hall upon proof of residency.
(5) Vehicles without a sticker may stop at the gatehouse to deposit certain hazardous materials (waste oil, antifreeze, fluorescent bulbs and ballasts) after showing proof of residency and then must exit the facility.
B. Fees will be collected by the gate attendant at the time of entry.
Nonresident/taxpayer-owned vehicles will be treated in the same manner as resident/taxpayer-owned vehicles.
§ 191-9. Violations and penalties.
A penalty in accordance with Chapter 1, General Provisions, Article I, Penalties, of the Code of the Town of Falmouth will be imposed on violators of these rules and regulations for each offense committed.
Or do or take any other action on this matter. On request of the Solid Waste Advisory Committee.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 4 as printed with the following additions:
§ 191-10. Hours of collection.
The collection of garbage, rubbish and other solid wastes including the collection of recyclable materials, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. in the Town of Falmouth.
§ 191-11. Off-hour collections.
The Board of Health may license off-hour collection of garbage, rubbish and other solid wastes, but not recyclable materials, from nonresidential structures located in business, agricultural, light industrial, public use and marine zoning districts as defined in the Falmouth Zoning Bylaw, Ch. 240, Code of Falmouth, when it determines that off-hour collection is necessary to protect the public health.
§ 191-12. Term of license.
A license shall be issued for a period of time not to exceed three years.
EXPLANATION: This revision to the bylaw prepared by the Solid Waste Advisory Committee and reviewed by the Department of Public Works reflects current practices.
To see if the Town will vote to appropriate the sum of $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 this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $15,000 from Certified Free Cash for the purposes of Article 5 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.
To see if the Town will vote to appropriate a sum of money for the purpose of funding group health insurance for School and Town Employees and Retirees for fiscal year ending June 30, 2006, 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 Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote to transfer from the following accounts:
01000 - 35935 Assessing - Overlay Reserve $152,568.00
01141 - 51110 Assessing - Salary & Wages $ 13,000.00
01160 - 51110 Town Clerk - Salary & Wages $ 13,500.00
01210 - 54583 Police - Uniforms $ 3,000.00
01210 - 57782 Police - Drug Investigations $ 22,000.00
01440 - 52310 Waste Water - Sludge Haul $110,000.00
01440 - 52311 Waste Water - Lab Analysis $ 33,000.00
01440 - 54535 Waste Water - Chemicals $ 10,000.00
01440 - 51110 Waste Water - Sewer Salary & Wages $ 50,000.00
01440 - 52291 Waste Water - Well Monitoring $ 8,000.00
01411 - 51110 Water - Salary & Wages $100,000.00
01911 - 51182 Non Contrib. Retirement $ 28,500.00
01919 - 51180 Benefit-Long Term Disability $ 10,000.00
For a total of $553,568.00 to be disbursed as follows:
01914-51177 Health Insurance - Town $493,239.00
01914-51168 Health Insurance - School $ 60,329.00
for the purposes of Article 6 to be expended under the jurisdiction of the Town Administrator.
EXPLANATION: Health Insurance for Town and School Retirees was inadvertently omitted from the Fiscal Year 2006 Operating Budget. These transfers will cover the cost of said insurance through Fiscal Year 2006. The Fiscal Year 2007 Budget includes the necessary funding.
To see if the Town will vote to appropriate a sum of money to Line 84137-58000 for the purpose of replenishing the Workers Compensation 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 transfer the sum of $80,000 from the Overall Town Insurance Budget Line Item 01193-57740 for the purposes of Article 7 to be expended under the jurisdiction of the Town Administrator.
EXPLANATION: This is the first year of a multi-year program to budget insurance trust fund appropriations into the annual operating budget. Each year at the Spring Town Meeting, available funds in the insurance operating budget account will be distributed to insurance trust funds so they carry over from year to year building a fund balance toward a goal of self funding the Town’s insurance programs and ultimately reducing annual premiums.
To see if the Town will vote to appropriate a sum of money to be appropriately distributed by the Town Accountant to the ac