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ARTICLE 1: To hear a report from the Falmouth High School Building Committee and act thereon. On request of the Falmouth High School Building Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed.

ARTICLE 2: 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: That the Town vote to transfer the sum of $31,135.01 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of paying unpaid bills from a prior fiscal year as follows:

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 2007 budget.

ARTICLE 3: To see if the Town will vote to amend Chapter 240 – Zoning – of the Code of Falmouth by adding the following:

ARTICLE XXXVIII
SEARCH AND RESCUE CORRIDOR OVERLAY DISTRICT

240-186 Purpose

The purpose of this district is to preserve three thousand (3000) foot wide helicopter flight corridors for the USCG Air Station Cape Cod, when responding to distress calls during inclement weather.

240-187 Establishment

For the purposes of this Article there is hereby established in the Town of Falmouth the Search and Rescue Overlay District, which is an overlay district superimposed on the zoning districts. This district is depicted on a map entitled: “Search & Rescue Corridor USCG Air Station Cape Cod Emergency Visual Routes” dated June 5, 2007, scale 1” = 2000’ on file with the Town Clerk.

240-188 Height limitation

Anything in this chapter to the contrary notwithstanding, no building or structure, or part thereof or accessory thereto, shall be constructed, erected, converted or maintained that exceeds 100 feet in height above the ground.

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: The Planning Board has been working with the U.S. Coast Guard to develop flight corridors for its helicopters during times of inclement weather. In these corridors a height limit of 100 feet is imposed for buildings or structures for example radio antennae, cell towers, etc. This will assist the Coast Guard when navigating out to Vineyard Sound or Buzzards Bay on search and rescue missions during times of low visibility.

ARTICLE 4: To see if the Town will vote to delete Article XIII.1 – Senior Care Retirement District – of the Zoning Bylaw and insert in its place the following:

ARTICLE XIII.1
Senior Care Retirement District

§ 240-65.1. Purpose.

The purpose of this district is to allow for alternative housing for senior citizens in a setting that provides them with personal and health related services and programs and allows for their maximum independence.

§ 240-65.2. Permitted residential uses.

None.

§ 240-65.3. Permitted community service uses.

A.  Churches.
B.  Schools.
C.  Libraries.
D.  Museums.

§ 240-65.4. Uses allowed by special permit from the Planning Board

A.Senior Care Retirement Community (SCRC), under the following standards and requirements:

(1)

A SCRC contains one or more residential buildings with living units described below, which provide residences exclusively for persons 62 years of age or older (except their spouses and surviving spouses, and also except for staff housing), and which includes common areas and community dining facilities, and which provides personal services such as social, psychological, educational and health-related programs and services, designed to allow residents to safely "age in place" with maximum independence and with skilled caregivers available continuously on-site.

(2)

A SCRC may include independent living units (ILUs) for persons who may not require regular assistance with daily living, as wel1 as assisted living units (ALUs) for persons in need of daily assistance from skilled caregivers, and may include ski1led nursing rooms, as defined by the Massachusetts Department of Public Health. A SCRC may also include staff housing units, provided that the number of staff units shall not exceed 10% of the SCRC units. The total number of units in the development, including ILUs, ALUs, skilled nursing rooms and staff housing, shall be determined by the Planning Board, but in no case shal1 the number of units exceed six eight per acre. No unit may contain more than two bedrooms. Assisted Living Units shall be no less than 350 but no greater than 1000 square feet in size. Each skil1ed nursing room may contain no more than two beds.

(3)

The total area of the tract incorporated in an SCRC development shall be a minimum of 15 contiguous acres. In calculating the total area of the tract the provisions of § 240-124A shall apply. At least 65% of the tract must be set aside as open space consistent with § 240-129 of the Zoning Bylaw.

(4)

Front yard building setbacks shall be a minimum of 50 feet. Side and rear yard building setbacks shall be a minimum of 25 feet from the perimeter of the development. The Planning Board may require greater setbacks, up to 100 feet for front yard and up to 50 feet for rear and side yard setbacks where needed to provide screening and buffer from the street or adjacent properties.

(5)

The maximum building height of any SCRC building shal1 be no more than three stories, not to exceed 45 feet, as defined for community service uses.

(6)

The development may incorporate within a residential building accessory facilities intended solely for the use or benefit of the residents and staff of the development, such as banking and recreational facilities, as limited and approved by the Planning Board.

(7)

The Planning Board, in order to approve the special permit for a SCRC, must find that the cumulative impacts of the SCRC shall be no greater than the cumulative impacts associated with other uses al1owed as a matter of right or special permit within Single Residence or Agricultural Zoning Districts on the lot(s). Speculative uses, such as applications made under M.G.L. c. 40B, shall not be considered in making the comparison of cumulative impacts. The Planning Board may require the applicant to provide specialized studies or information as necessary in order to make such a finding.

(8)

The Planning Board shal1 not approve a SCRC unless tertiary treatment of wastewater is provided.

(9)

The Planning Board may require the applicant to reduce the size including the height of any residential structure or to adjust its placement on the lot to reduce impacts on neighborhood visual character, including views or vistas. The Planning Board, in order to approve the special permit for a SCRC, must make a positive finding under § 240-122G, of the Planned Residential Development Bylaw and four or more of the purposes of § 240-122.

(10)

SCRC units allowed under this section shall be exempt from § 240-7 (Building permit limitation) and shall not be counted in computing the building permit limit, but the Planning Board may require or allow that the development be constructed in phases if necessary to minimize neighborhood impacts or to meet financing or regulatory requirements.

(11)

Parking shall be located in side or rear yards behind the front façade line of the building, except that parking dedicated for handicapped, guest, pickup, drop off or deliveries may be allowed in front of the building line at the discretion of the Planning Board up to ten (10) percent of the total number of required spaces. The number of parking spaces shall be determined according to the following: One space per Independent Living Unit; One-half space per Assisted Living Unit; One space per employee.

§ 240-65.5. Minimum lot dimensions for uses allowed under § 240-65.3.

Permitted community service uses shall be as follows:

A.  Minimum lot size: 80,000 square feet.
B.  Lot frontage: 150 feet.
C.  Lot width: 200 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 4 as printed in the warrant, with the following changes:

In Section 240-65.4.A(2), second to last sentence, delete the number “1,000” and insert in its place the number “800”, so as to read:

?

EXPLANATION: In November of 2002, Town Meeting voted the current text of the Senior Care Retirement District. This 2002 vote came after several failed attempts to approve a bylaw modeled after a proposal in Hatchville that would have been located on the “Dupee” parcel, so called, on Sandwich Road. At that time, because the proposal was located in Hatchville and the size of the facility was considered to be too large by many Town Meeting members, very generous setback and minimum lot size and other dimensional requirements were incorporated into the 2002 text.  The 2002 text was instructional to the Planning Board, as the Special Permit Granting Authority, limiting the discretion and flexibility needed to fashion a good Senior Care Retirement proposal to a particular location anywhere in town. The revised text incorporates many of the same protections found in the 2002 version of the bylaw, but this time some flexibility has been incorporated to allow the Planning Board some discretion when reviewing these projects. For example, the height of a building is set at 35 feet. However, the Planning Board is authorized to consider a height of up to 45 feet, if the applicant can demonstrate “good cause” – that there is a demonstrable need for the additional height and any attendant impacts have been mitigated. The Planning Board believes these changes are necessary in order to attract a high quality proposal to the community while still protecting the interests of the Town.

ARTICLE 5: To see if the Town will vote to amend the Official Zoning Map to rezone 4.8± acres of the southerly portion of the property located at 339 Gifford Street, Falmouth, shown on Assessors Map 38, section 09, Parcel 002C Lot 001 now zoned AGB, as depicted on a plan entitled “Plan of Proposed Rezoning to Senior Care Retirement District prepared for Atria Woodbriar September 2007” on file with the Town Clerk, to Senior Care Retirement District (SCRD). Or do or take any other action in this matter. On request of Paul C. Glynn and others.

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

EXPLANATION: The Planning Board believes this area to be suitable for a Senior Care Retirement Community, given a favorable vote by the Town Meeting on Article 4. This site is adjacent to an existing senior care facility, doctor’s offices, places of worship, restaurants and provides a tranquil setting near Jones Pond for passive recreation.

MAP INCLUDED

ARTICLE 6: To see if the Town will vote to amend the Official Zoning Map by rezoning from Residential C to Business Redevelopment that certain parcel of land at 533-539 Woods Hole Road (the site of the Nautilus Motel and the building known as the Dome Restaurant) containing 5.39 acres, more or less, being shown on the Assessors Map as Parcel No. 51-05-000-002B. Said parcel is shown as Lot B2 on a plan entitled “Plan of Land of E. Gunnar Peterson et ux Woods Hole, Mass.” dated Nov. 15, 1952, which plan is recorded in Barnstable County Registry of Deeds Plan Book 107, Page 129, and is presently owned by Nautilus Partners LLC (Barnstable County Registry of Deeds Book 15165, Page 319). Or do or take any other action on this matter. On request of Paul Ferris Smith and others.

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

EXPLANATION: The Planning Board was still deliberating this Article at the time the warrant went to print.

MAP INCLUDED

ARTICLE 7: 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 3 zone by rezoning from Residential B to Business 3 that portion of the land shown on the Falmouth Assessors Map 02 03 007 008 and Map 02 03 007 009 and as Lot 8 and Lot 9 on Land Court Plan 11332G located east of County Road (with said Lot 8 identified by address on the Falmouth Assessors Map by 107, 109, 111 County Road and said Lot 9 identified by address on the Falmouth Assessors Map by 0 County Road), and further described as follows:

Beginning at the northerly lot line of said Lot 9 at a point where said lot line intersects the existing boundary of the Business 3 zone and the Residential B zone;

Thence N58°48’00”E, 170.45 feet, by land shown on the Falmouth Assessors Map 02A01 001 000;

Thence S55°01’00”E, 202.87 feet;

Thence S48°37’00”W, 261.13 feet by land shown on Falmouth Assessors Map 02 03 009A 000 and 02 03 008A 000A;

Thence S38°10’00”W, 33.37 feet by land shown on Falmouth Assessors Map 02 03 008A 000A;

Thence in a northerly direction along the existing boundary of the Business 3 zone and the Residential B zone by two lengths totaling 246.5± feet, to the point of beginning.

Said land to be rezoned to Business 3 is shown on “Plan of Rezoning prepared for Francis Bagarella in Falmouth, MA, Plan Date: July 18, 2007, Plan Scale: 1” = 20”’, prepared by Falmouth Engineering, 141 Locust St., Unit A, Falmouth, MA 02540.

On request of Francis P. Bagarella, Trustee of Nyes Park Professional Offices Trust u/d/t/ dated January 11, 1989 and Francis P. Bagarella and Carol A. Bagarella as Trustees of The Pharmacy Realty Trust u/d/t dated March 8, 2989.

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

EXPLANATION: The Planning Board believes this site to be suitable for an extension of the existing Business 3 Zone. A suitable buffer of 50 feet is provided for abutting residential districts. This rezoning allows for an expansion of the uses allowed in the Business 3 district to serve the residents of this neighborhood. Although not required by the Planning Board, the property owner has also agreed to restrict the use of the property via a protective covenant to professional offices and medical clinics.

ARTICLE 8: To amend Article VII §C7-14. Zoning Board of Appeals to allow for five (5) voting members rather than the current three (3). The amended article would read: “A Zoning Board of Appeals of five (5) members and two (2) associate members shall be appointed.” On request of Matthew J. McNamara.

RECOMMENDATION (Planning Board): That the town vote to amend Article XXXX – Zoning Board of Appeals - of the Zoning Bylaw by deleting the words "three" and "four" from the first sentence of section 240-199 and inserting the words "five" and "two" so as to read:"There shall be a Zoning Board of Appeals of five members and two associate members appointed by the Board of Selectmen as provided in MGL C. 40A Section 12."

EXPLANATION: The article as submitted refers to Sec. C7-14 of the charter which provides for a 3 member board. The charter also contains a provision in Sec. C7-3 which says that the Town Meeting may, by bylaw, enlarge or decrease the number of persons to serve as members of appointed town boards. The planning board recommends that Section. 240-199 of the zoning bylaw be amended to accomplish this purpose.

ARTICLE 9: To see if the town will vote to amend Article XXI, Coastal Pond Overlay District, §§ 240-97 through 102, of the zoning by-law, by changing allowable wastewater discharge nitrogen concentrations from 12mg/l or less to 5 mg/l or less. Or do or take any other action on this matter. On petition of Sheryl Kozens-Long and others.

RECOMMENDATION (Planning Board): Indefinite Postponement.

EXPLANATION: The Planning Board knows the 12mg/l standard to be reasonable and achievable given today's technology. A 5 mg/l standard, while laudable, is simply not achievable yet. The Planning Board does not believe in making a bylaw that no one can comply with.

ARTICLE 10: To see if the Town will vote the following:

ARTICLE XXXVI – Transfer of Development Rights [Added ATM 4-1-1985, Art.60]

240 – 174

Same

240 – 175

Same

240 – 176. Receiving districts.

A.

Receiving districts shall consists of all land currently zoned B3, B2, LIA, RC, RB, AGB, RA, AGA, RAA and AGAA, except that the receiving districts shall not be considered to include any land within a mapped Water Resource Protection District as defined, any land within a mapped water recharge area as referred to in 240-113B of this chapter, or any land referred to in 120-175 of this chapter.

B.

Receiving districts shall be eligible to “accept” donor lots according to the schedule of 240-177, provided that the locus of the receiving district is the subject of a subdivision plan requiring Planning Board approval under the requirements of MGL C.41 and a special permit under the requirements of Article XXV of this chapter, except that 240-124 shall not apply to plans filed under this Article. No transfer of developments rights shall be approved by the Planning Board into a receiving district locus not requiring subdivision approval. All transfers into coastal pond overly districts shall be subject to nitrogen mitigation.

C.

[Same]

240-177

Same

240 – 178

Same

On request of Matthew Costa and others.

RECOMMENDATION (Planning Board): Indefinite Postponement.

EXPLANATION: The petitioner has agreed to postpone this Article to a future Town Meeting.

ARTICLE 11: To see if the Town will vote to transfer the care, custody and control of a certain parcel of land from the Conservation Commission to the Board of Selectmen which parcel is shown as parcel A on a plan of land entitled “Town of Falmouth, Massachusetts Plan of a Part of Land Acquired Pursuant to Article 1 of the April 8, 1986 Special Town Meeting Showing Jurisdiction of Board of Selectmen and Conservation Commission” prepared for Town of Falmouth Public Works Department, dated January 2, 2002, prepared by William MacKenzie, P.L.S., subject to the provision that it shall be used for water resource protection, water supply, open space and conservation and public access to Mares Pond and Spectacle Pond, and shall not be used for any other purpose and there shall be no further construction or development on said land except for repair and maintenance and with the further provision as set forth in ch. 148 of the Acts of 2005 which requires that if said land is no longer needed for water tower purposes it shall be returned to the conservation commission. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 11 as printed.

EXPLANATION: This article authorizes the Board of Selectmen to record a plan which transfers property from the Conservation Commission to the Board of Selectmen according to a previously approved plan to utilize the property for the purposes outlined above.

MAP INCLUDED

ARTICLE 12: To see if the Town will vote to create a revolving fund under the provisions of G.L. ch. 44, § 53E ½, to be known as the “Affordable Housing Revolving Fund Account” said fund to be established and administered as follows:

1. Excess profits payable to the town by developers of housing projects permitted under G.L. ch. 40B, §§ 20-23 and funds received by the town in repayment of loans from the Community Preservation Development Fund shall be credited to the revolving fund.

2. Funds may be expended by the Board of Selectmen for the promotion and development of affordable housing within the town.

3. Expenditures may not exceed receipts during any fiscal year without approval of the Finance Committee.

This fund shall be authorized annually at the April Annual Town Meeting at which time the provisions may be amended by town meeting vote. 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 does not provide the specific requirements necessary to establish a revolving fund under the provisions of G.L. ch.44, §53E ½. After further review, it appears there may be a more appropriate option to be considered at a future Town Meeting .

ARTICLE 13: To see if the Town will vote to appropriate a sum of money to fund the Fiscal Year 2008 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 2008 Capital Budget will be found on the green pages in the middle of the book.

ARTICLE 14: To see if the Town will vote to appropriate a sum of money for the purpose of installing a wind energy facility at the Wastewater Treatment Facility 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 appropriate the sum of $4,000,000.00 for the purposes of installing a wind energy facility at the Wastewater Treatment Facility and further that the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under the provisions of G.L. Ch., 44, sec. 7(3B) or any other enabling authority , and to issue bonds or notes of the Town therefore, said sum to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 14.

EXPLANATION: This will allow the Town to acquire and construct a Wind Turbine at the Wastewater Treatment Facility on Blacksmith Shop Road. The costs associated with the borrowing will be covered by revenues generated by the project. A portion of the power produced will be consumed on-site, offsetting the retail electricity paid for by the Town for the Wastewater Treatment Facility. All remaining power will be sold to a third party.

ARTICLE 15: To see if the Town will vote to appropriate a sum of money for the purpose of completing construction of the Falmouth Public Library on Katherine Lee Bates Road 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 appropriate the sum of $400,663.00 for the purpose of completing construction of the Falmouth Public Library on Katherine Lee Bates Road, including costs incidental and related thereto, and to meet this appropriation, the Town Treasurer with the approval of the Board of Selectmen, is authorized to borrow said sum under the provisions of G.L. ch.44, sec. 7(3A) or any other appropriate authority and to issue bonds and notes of the Town therefore: provided that no funds shall be expended under this appropriation unless the Massachusetts Department of Revenue shall approve the addition of $400,663.00 to the Proposition 2 and ½ debt exclusion approved by the voters in the May 2006 annual town election, said sum to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Town voted in May 2006 to approve a $9,189,134 debt exclusion to fund the renovation of the Falmouth Public Library. The State’s portion of the $9,189,134 appropriation was through a grant to be awarded to the town in the amount of $2,671,086. In response to the delay in the appropriation for the public library construction, the Commonwealth of Massachusetts Capital Bond Bill, expected to be released by the Governor, includes an increase of 15% ($400,663.00). The expected increase in the grant funding will increase the funds available for this project. A town meeting vote is required to appropriate the increase of $400,663.00 in advance of our receipt. The additional funds available will help offset the unanticipated expenses related to the award to the contract to JK Scanlan, the lowest responsive and responsible bidder, at a value of $312,639.00 over the disqualified low bidder and for electrical service work required by NSTAR in the amount of $45,610.00, which was unknown at the commencement of the project.

ARTICLE 16: To see if the Town will vote to appropriate a sum of money 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 appropriate the sum of $20,000.00 from Certified Free Cash for the purposes of Article 16 to be expended under the jurisdiction of the Board of Selectmen.

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

ARTICLE 17: To see if the Town will vote to appropriate a sum of money 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 in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $75,000.00 from Certified Free Cash for the purposes of Article 17 to be expended under this jurisdiction of the Town Manager.

EXPLANATION: This is a routine article to fund the Workers Compensation Fund with the goal of the Town’s Insurance Programs being self funding and ultimately reducing annual premiums.

ARTICLE 18: To see if the Town will vote to appropriate the sum of $963,071.00 under Chapter 291D 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 contract as may be necessary for said purpose, 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 acting as the Board of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote Article 18 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The State has released additional money for Chapter 90 funding. The appropriation of these funds provides for 100% reimbursement for work done on Town accepted roads.

ARTICLE 19: To see if the Town will vote to appropriate a sum of $25,000.00 to contract for ongoing engineering and consulting services at the Gifford Street Department of Public Works site for groundwater monitoring and reporting required by Massachusetts Department of Environmental Protection site, RTN 4-729, 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 Director of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $25,000.00 from Certified Free Cash for the purposes of Article 19 to be expended under the jurisdiction of the Director of Public Works.

EXPLANATION: In August 2006, following the site characterization activities, the site entered “Remedy Operation Status” indicating that the appropriate response action at the site was ongoing monitoring and reporting. Remedy Operation Status, required by MassDEP, includes sampling groundwater-monitoring wells every six months and submitting appropriate reports to MassDEP.

ARTICLE 20: 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 an increase for the Administrative, Management and Technical permanent employees for the period commencing July 1, 2007 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 21: 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, 2007, as agreed to by the Town of Falmouth and the Falmouth Superior Officers’ Association, 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 22: 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, 2007, as agreed to by the Town of Falmouth and the Police Federation, 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 23: 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, 2007, as agreed to by the Town of Falmouth and the 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 this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 24: 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, 2007, as agreed to by the Town of Falmouth and the American Federation of State, County and Municipal Employee, Local 1636, 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 25: 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, 2007, as agreed to by the Town of Falmouth and the Laborer’s International Union of North America, AFL-CIO, Local 1249, 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 26: 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, 2007, as agreed to by the Town of Falmouth and the Falmouth Public Library Association, Massachusetts Laborers’ District Council, 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): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 27: To see if the Town will vote to amend the Town’s Position Classification Plan for the Department of Public Works, Administration Office, as follows:
 

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

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Finance Committee requests that a timeline for the implementation of the Department of Public Works Study be developed, as this is a comprehensive study requiring numerous changes in these departments. This position is included in the study, but, due to time constraints, there is currently no job description. After the job description is completed and the position goes through the usual Classification Plan process it can be considered at the April Town Meeting. The Management System Software requested in the Capital Improvement Plan can be considered in conjunction with this position at that time.

ARTICLE 28: To see if the Town will vote to amend the Town’s Position Classification Plan for the Information Technology Department as follows:

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

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $25,000.00 from Police Department Budget Line Item 01210-51110 (Salary & Wages) to Information Technology Budget Line Item 01155-51110 (Salary & Wages) for the purposes of Article 28 to be expended under the jurisdiction of the Information Technology Director.

EXPLANATION: The added position of Network Computer Technician will perform the functions of the Supervisor of IT vacant position that will no longer be funded within the Police Department. Through the Classification process, it was determined that all Information Technology positions should work under the direction of the Information Technology Department for continuity, productivity and training purposes.

ARTICLE 29: To see if the Town will vote to appropriate a sum of money for the purpose of notification to inactive voters prior to being removed from the voting list as required by Massachusetts General Law Ch.51 §37A 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 Clerk.

RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $4,000.00 from Certified Free Cash for the purposes of Article 29 to be expended under the jurisdiction of the Town Clerk.

EXPLANATION: The funding of this Article will enable the office of the Town Clerk to fulfill the duties required of the Registrars to be in compliance with Massachusetts General Law Ch.51 §37A. This process will provide a real number of registered voters within the Town.

ARTICLE 30: To see if the Town will vote to appropriate a sum of money for the purpose of funding professional assistance to the Historic Districts and Historical Commissions 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 Manager.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $5,000.00 from Planning Department Budget Line Item 01175-52319 (Prof/Tech Contract Services) and $2,500.00 from Budget Line Item 01175-51120 (Salary & Wages Temporary) to Budget Line Item 01175-51110 (Salary & Wages Full Time) for the purposes of Article 30 to be expended under the jurisdiction of the Town Planner.

EXPLANATION: The transfer of funds to the Salary & Wages Budget Line Item will allow the use of professional staff within the Planning Department the ability to provide professional and administrative assistance, under the direction of the Town Planner, to the Historical Districts and Historical Commissions in performing their duties.

ARTICLE 31: To see if the Town will vote to appropriate a sum of money for the purpose of purchasing equipment for a separate government access channel and robotic camera system to be installed at Town Hall, 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): Indefinite Postponement.

EXPLANATION: Available funds are currently limited and consideration for this purchase could be made at a future Town Meeting. Other options are currently available via Town Hall Selectmen’s Meeting Room which is already equipped for meetings to be televised in addition to FCTV’s ability to record and televise meetings on Channel 13.

ARTICLE 32: To see if the Town will vote to make adjustments to the Debt Service Budgets for the Fiscal Year 2008. Or do or take any other action in this matter. On request of the Town Treasurer.

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

EXPLANATION: Debt Service Budget amounts were not available at the time the warrant went to print.

ARTICLE 33: To see if the town will vote to transfer funds previously appropriated under Article 15 at the Special Town Meeting in April 2005 for the purpose of conducting engineering surveys and placing boundary markers on Land Bank parcels to the Community Preservation Fund Open Space Reserve, under the Community Preservation Act (CPA) category of Open Space, or act in any way relative thereto as allowed under the CPA. On request of the Community Preservation Committee.

RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $100,000.00 from a previous Land Bank appropriation (Article 15, voted at April 2005 Annual Town Meeting) to the Community Preservation Fund Open Space Reserve for appropriation to specific open space initiatives at a future Town Meeting.

EXPLANATION: The $200,000.00 in Land Bank funds appropriated for Article 15 at the April 2005 Annual Town Meeting were for the purpose of conducting engineering surveys and placing boundary markers on Town-owned Land Bank property. Approximately $53,000.00 has been expended for the purposes of Article 15 and an estimated $47,000.00 is needed to complete the remaining work. The Community Preservation Committee recommends that the unneeded balance of $100,000.00 be transferred to the Open Space reserve for appropriation to specific open space initiatives at a future Town Meeting.

FINANCE COMMITTEE: The Finance Committee has reviewed Articles 33 through 35 and concurs with the recommendations of the Community Preservation Committee.

ARTICLE 34: To see if the town will vote to transfer funds previously appropriated under Article 34 at the Annual Town Meeting in April 2006 for the purpose of completing final designs for the Town Band Shell new construction to the Community Preservation Fund Balance, or act in any way relative thereto as allowed under the Community Preservation Act. On request of the Community Preservation Committee.

RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $20,000.00 from a previous Community Preservation Fund appropriation (Article 34, voted at April 2006 Annual Town Meeting) to the Community Preservation Fund Undesignated Fund Balance for appropriation to specific Community Preservation initiatives at a future Town Meeting.

EXPLANATION: The Community Preservation funds appropriated for Article 34 at the April 2006 Annual Town Meeting were for the purpose of completing final designs for the Town Band Shell new construction. Before the project was implemented, the CPC recognized that the project was not eligible for Community Preservation funds. Under the Community Preservation Act, the renovation of property owned by the Town before the adoption of the Act (that has not been designated as historically significant) is not an allowable use of Community Preservation funds.

ARTICLE 35: To see if the town will vote to rescind the historic preservation restriction condition on Community Preservation funding appropriated under Article 30 at the Annual Town Meeting in April 2006 for the John Wesley United Methodist Church’s East Falmouth Burying Ground restoration project, or act in any way relative thereto as allowed under the Community Preservation Act. On request of the Community Preservation Committee.

RECOMMENDATION (Community Preservation Committee): That the Town vote to rescind the special condition requiring a preservation restriction for the East Falmouth Burying Ground.

EXPLANATION: As voted under Article 30 at the April 2006 Annual Town Meeting, the amount of $27,650.00 was appropriated from the Community Preservation Fund to be made available to the John Wesley United Methodist Church for the purpose of restoring the East Falmouth Burying Ground, with special conditions to include historic preservation restrictions. Upon further review, the Community Preservation Committee feels it is not necessary to require a preservation restriction on the burial grounds due to the fact that MGL Ch.114 sufficiently restricts the use of burying grounds.

ARTICLE 36: To see if the Town will vote to amend ch. 1. § 1-2 of the Code of Falmouth, General Provisions (non-criminal disposition) by adding the following provision as sec. 1-2.D.

Notwithstanding Chapter 40, section 21D of the General Law, The Town of Falmouth acting through its Board of Selectmen and the clerk-magistrate of the Falmouth District Court subject to the approval of the chief justice of the district court are hereby authorized to establish tracking systems of record keeping procedures other than those required by paragraphs 4, 5, 7 and 9 of Chapter 40, Section 21D in order to enhance the efficiency, processing and collection of noncriminal citations. The procedures adopted shall be written and posted in the Falmouth District Court and the Falmouth Town Hall and may be revised from time to time as necessary for the purposes of this Act. Nothing in this Acting shall alter or amend the right to a hearing as contained in paragraph 6b of Chapter 40, section 21D.

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 36 as printed.

EXPLANATION: This article was requested by Town Counsel and the Town Clerk to allow the Town to establish a municipal tracking system for non-criminal complaints.

ARTICLE 37: To see if the Town will vote to amend Chapter 184, § 24C of the Code of Falmouth, Signs, to read as follows:

Section 184-24. For sale, rent or lease signs

C. A maximum of two (2) such signs may be maintained on any property being sold, leased, rented, built or renovated, and they shall be removed by the owner or agent within three (3) days of sale, lease, rental or completion of work.

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

RECOMMENDATION (Board of Selectmen): That the Town vote Article 37 as printed.

EXPLANATION: The Office of Town Counsel conducted a review of the Falmouth Town Code and Article 37 and 38 are clarifications to the sign code resulting from that review. The amendments are consistent with the Town’s application of the code.

ARTICLE 38: To see if the Town will vote to amend Chapter 184, § 25A of the Code of Falmouth, Signs, to read as follows:

Section 184-25. Freestanding signs.

A. Dimensional standards for freestanding signs in different zoning districts, according to use, are specified in the table below. (Only the affected part of the chart is shown.)

Business, Industrial

Public Use and Marine Districts

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

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

EXPLANATION: Please see the explanation for Article 37.

ARTICLE 39: To see if the Town will vote to amend Chapter 213, § 4 of the Code of Falmouth, Handicapped Parking, to read as follows:

§ 213-4. Reserve parking spaces required.

Any person or body, having under his control any public or private way or improved or enclosed property used as off-street parking areas for business, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings or for any other place where the public has right of access as invitees or licensees, shall be required to provide reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by M.G.L. ch. 90, § 2, according to the formula provided in 28 CFR ch. 1, § 4.1.2(5)(a,b), for all parking facilities. This shall apply to restriping of parking facilities.

Or do or take any other action on this matter. On request of the Commission on Disabilities.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Board of Selectmen supports the effort of the Commission on Disabilities to improve the regulation of Handicapped Parking. The article as presented requires further review. This article will return in its proper form at a future Town Meeting.

ARTICLE 40: To see if the Town will vote to amend ch. 213, § 7 of the Code of Falmouth, Handicapped Parking, to read as follows:

§ 213-7. Violations and penalties.

The penalty for violation of this Article shall be not less than $100.00 not more than #300.00. The Chief of Police or his designee shall have the authority to remove the vehicle in accordance with G.L. ch. 40, § 22D.

Or do or take any other action on this matter. On request of the Commission on Disabilities.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Board of Selectmen endorses an increase in penalties for violations of handicapped parking regulations. This article is not presented in its appropriate form and will be presented at a future Town Meeting.

ARTICLE 41: To see if the Town will vote to amend the Town’s Position Classification Plan as follows:
 

Or do or take any other action in this matter. On request of Ahmed A. Mustafa, Falmouth Veterans Council and others.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: While the Finance Committee recognizes the increase caseload of veterans benefit applications, passing this article without following the salary administration procedures would violate the structured methodology for reclassifications as required by the AFSCME Contract. This position is actively going through the reclassification process and is on the Staffing Plan for Fiscal Year 2009.

ARTICLE 42: Falmouth residents would benefit directly and indirectly from international cooperation and a diffusion of tensions in the Middle East. Falmouth taxpayers have paid almost $71,000,000 dollars for the war in Iraq, as of August 20th, 2007. Monies that might have been available for local needs such as education, health care, libraries, transportation, town infrastructure and care for returning Falmouth veterans have instead gone to fund a war that many Falmouth residents do not support. Further, the deployment of Massachusetts National Guardsmen to Iraq leaves both Massachusetts and the Town of Falmouth, dangerously shorthanded should a disaster occur.

Therefore we ask that the Town Clerk join with the 300 U.S. cities and towns that have already voiced their protests and send a letter on behalf of the Town of Falmouth to our congressional delegation and to the President of the United States respectfully requesting that Congress set goals to end the occupation of Iraq and begin a safe, orderly withdrawal of all our troops. Further, we ask that the letter request that the United Nations monitor the process of military disengagement and de-escalation to ensure that it is conducted in a manner that does not further jeopardize the troops currently in Iraq, and that the UN organize a peaceful reconstruction effort. Finally, the Town of Falmouth respectfully requests that returning veterans are given all the support and care to which they are entitled to repair any physical or mental damage caused by this war, and that Congress support legislation aimed at funding improved physical and mental healthcare benefits to military personnel.

On request of Michael S. Tork.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Board of Selectmen supports this opportunity to elevate our community dialogue about U.S. Military action in Iraq and its impact on our country and to our citizens. We encourage Town Meeting members to communicate their views personally to our Congressional delegation.

ARTICLE 43: 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.