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Falmouth, Massachusetts
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The General Town Meeting will begin on Wednesday. The Special Town Meeting will take place on Thursday. Leftover business of the General Town Meeting, if any, will follow.
The following text was unofficially adapted from a
document provided by the Town of Falmouth.
The summary texts in the sidebar are contributed by FCTV.
(ATM) precedes Annual Town Meeting Article headings.(STM) precedes Special Town Meeting Article headings.
WARRANT FOR THE APRIL 2007 ANNUAL TOWN MEETING
WITH RECOMMENDATIONS AND EXPLANATIONS
WEDNESDAY, APRIL 4, 2007 AT 7:00PM
(ATM) ARTICLE 1: To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.
RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed.
(ATM) ARTICLE 2: To hear reports of Committees and Town Officers and act thereon.
RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.
(ATM) ARTICLE 3: To see if the Town will vote to authorize the Selectmen to settle claims and suits which are pending or may arise against the Town. Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote Article 3 as printed.
(ATM) ARTICLE 4: To see if the Town will authorize the Board of Selectmen to apply for and accept state or federal grants they deem beneficial to the Town, provided that the Board of Selectmen shall hold a public hearing prior to the Board's acceptance of any such grant, if said grant requires the Town to meet future conditions or requirements 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. Or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote Article 4 as printed.
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.
(ATM) ARTICLE 5: To see if the Town will vote to assume the liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as most recently amended by Chapter 5, Acts of 1955 for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, 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.
(ATM) ARTICLE 6: To see if the Town will vote to fix the salaries of the Elected Officials as follows:
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Moderator Town Clerk Selectmen (4) Chairman of Selectmen |
$2,000 $61,075 $4,500 $5,500 |
Or do or take any other action in the matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): That the Town vote to fix the salaries of the Elected Officials as follows:
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Moderator Town Clerk Selectmen (4) Chairman of Selectmen | $1,500 $61,075 $3,000 $3,500 |
EXPLANATION: The Finance Committee reviewed the salaries of the elected officials and recommended to keep the part time elected officials at the existing levels due to tight financial budgeting constraints, and to increase to the Town Clerk's position by $2,590.00 to keep the pay scale equivalent to that of like Administrative, Management and Technical positions (Gr. M-5 $23.79-$31.04/hr.). The funding for this position is included in the budget.
(ATM) ARTICLE 7: 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.
Emerald House Revolving Fund as established by Article 28 of the November 2006 Annual Town Meeting.
Falmouth Historical Commission Revolving Fund as established by Article 8 of the April 2006 Annual Town Meeting.
Shellfish Propagation Revolving Fund as established by Article 9 of the April 2006 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.
(ATM) ARTICLE 8: 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 8 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 2008.
(ATM) ARTICLE 9: To see if the Town will vote to amend Article XXXXIII - Amendments - of the Zoning Bylaw by:
a) Deleting the second and third sentences of section 240-223 and insert the following:
"Any petition for an amendment to any district the Official Zoning Map shall be accompanied with a fee in the amount to cover the costs to 1) advertise the required legal notice in the local newspaper and 2) mail certified a copy of the legal notice to abutters or publish a map of the proposed rezoning in the local paper.
amending section 240-225 So as to read:
§ 240-225. Notice of Planning Board Public Hearing
Amendments to any district of the Official Zoning Map shall require that notice of the Planning Board public hearing required by MGL C. 40A § 5 be sent by certified mail, postage prepaid, to all parties in interest in accordance with MGL C. 40A, § 11, when those amendments involve the rezoning of 10 or fewer parcels of land. When greater than 10 parcels of land are proposed for rezoning notice shall be accomplished by publishing a map in the local newspaper together with the public hearing notice required by MGL C. 40A § 5.
Or do or take any other action on this matter. On request of the Planning Board
RECOMMENDATION (Planning Board): That the Town vote Article 9 as printed in the Warrant.
EXPLANATION: Today the Zoning Bylaw requires notice to abutters and a fee for a zoning map change. This change makes certain that the fee must accompany the petition at the time of submittal, together with a list of abutters, and must be in the amount necessary to cover advertising. This Article also clarifies that notice is required for the Planning Board hearing - not Town Meeting - and that notice for changes involving more than 10 parcels is accomplished by publishing a map in the Falmouth Enterprise.
(ATM) ARTICLE 10: To see if the Town will vote to amend section 240-13 of the Zoning Bylaw by adding the words "or a form of construction such as a swimming pool or tennis court" to the definition of Accessory Building, so as to read:
"Accessory Building -A building such as a garage or shed, or a form of construction such as a swimming pool or tennis court, located on the same lot with, and accommodating a use accessory to, the principal permitted use of the premises."
Or do or take any other action on this matter. On request of the Planning Board on behalf of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board):That the Town vote Article 10 as printed in the Warrant.
EXPLANATION: For many years the town has required a special permit for an Accessory Building located in a front yard. This change amends the definition of Accessory Building to include such things as swimming pools or tennis courts, to be consistent with the past practice of requiring a special permit for these types of structures in front yards
(ATM) ARTICLE 11: To see if the Town will vote to amend Article I - General Provisions - of the Zoning Bylaw by deleting Section 240-3 in its entirety and inserting in its place the following
240-3 Preexisting nonconforming structures and uses
Except as hereinafter provided, this chapter shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the date of the first publication notice of the public hearing on such bylaw required by MGL ch. 40A § 5.
Noncomplying structures are those structures that did not come into existence lawfully or were not lawfully erected in compliance with the Zoning By-law in effect at the time the structure was erected. Noncomplying structures which are 10 years or older and have not been the subject of an enforcement action to have them removed may not be subject to an enforcement action by the Town to compel the removal, alteration or relocation of such structure. Noncomplying structures may be extended, altered or changed by a special permit from the Board of Appeals if no new nonconformities are created and the existing nonconformities are maintained or lessened. Extended, altered or changed shall not include normal repairs or modifications that are exclusively interior, do not extend the footprint of the structure, raise or alter the roofline, or add habitable or commercial space to the structure.
Preexisting nonconforming structures are those structures that predated adoption of zoning, were in compliance with the Zoning By-law in effect at the time the structure was erected or were in compliance at some other time during the structure's existence, but currently do not comply with the Zoning By-law. Preexisting nonconforming structures may be extended, altered or changed only by special permit from the Board of Appeals. Extended, altered or changed shall not include normal repairs or modifications that are exclusively interior, do not extend the footprint of the structure, raise or alter the roofline, or add habitable or commercial space to the structure. A special permit is not required to alter or change a preexisting nonconforming structure into a conforming structure.
The change, extension, or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure;
Any new nonconformities created are appropriately balanced by the reduction or elimination of existing structural nonconformities.
The change, extension, or alteration does not impair views and vistas.
The change, extension or alteration is in harmony with the purpose, spirit and intent of the Zoning By-law.
The standards of Section 240-216 are satisfied.
A preexisting nonconforming structure located on a lot that exceeds allowable lot coverage by structures may not be changed, extended or altered to increase lot coverage unless allowed by special permit in accordance with Section 240-69.
Preexisting nonconforming structures damaged or destroyed by fire or other accidental or natural cause other than flood damage sustained to structures within Zones A and V floodplains shown on the Flood Insurance Rate Maps of Falmouth, may be reconstructed as a matter of right in the same footprint that existed prior to the damage or destruction provided reconstruction is commenced within 24 months and completed within one year of commencement.
Preexisting nonconforming uses are those uses that were legally commenced, came into being prior to the zoning regulation prohibiting the use or predated adoption of zoning in Falmouth, and the use has been in continuous operation, and never abandoned as defined, and the use has never been extended nor expanded beyond the original nonconforming use so as to lose its protected status, but the use currently does not comply with zoning. A special permit by the Board of Appeals is necessary to change or alter a preexisting nonconforming use. Change or alter does not include improvements which merely improve the efficiency of a preexisting nonconforming use and do not materially change the original use or undertaking.
1. In order to grant a special permit under this section the Board of Appeals shall make the following findings:
The current use was legally commenced, came into existence prior to the zoning regulation prohibiting the use or predated adoption of zoning.
The current use has been continuous and was never abandoned after the use became nonconforming.
The current use remained the same as when legally commenced and over the years the use has not been extended or enlarged into other nonconforming uses.
The proposed use will have the same or less impact on the quality and character of the neighborhood that the preexisting nonconforming use had on the quality and character of the neighborhood.
The proposed use is not noxious to the purpose, spirit and intent of the Zoning By-law.
The standards of 240-216 are satisfied.
Elimination or reduction of existing nonconformities to a preexisting nonconforming structure is not a basis for altering, changing or extending a preexisting nonconforming use. Elimination or reduction of a preexisting nonconforming use is not a basis for increasing structural nonconformities to a preexisting nonconforming structure.
Accessory uses and structures are subject to this section.
[Amended ASTM 4-4-1994, Art. 9, approved 7-9-1994] Alteration, reconstruction, extension or structural change (collectively "alteration") to a nonconforming single- or two-family residential structure shall not be considered an increase in the nonconforming nature of the structure and shall be permitted by right under the following circumstances:
[1] Normal repairs or replacement of parts of any nonconforming structure, provided that such repair or replacement does not constitute an extension of a nonconforming use of such structure.
[2] Alteration to a conforming structure where the alteration will also comply with all applicable sections of the zoning bylaws in effect at the time of application, if the existing structure is located on a lot which is nonconforming as the result of a zoning change.
[3] Alteration within the existing footprint of a nonconforming structure to comply with requirements of the Massachusetts Building Code.
[4] Alteration to a nonconforming structure where the alteration will comply with all applicable sections of the zoning bylaws in effect at the time of application and will not increase the habitable space.
[5] Alteration to a nonconforming structure on a lot of at least 20,000 square feet, where the alteration will comply with all applicable sections of the zoning bylaw in effect at the time of application, including, but not limited to setback, yard, building coverage and height requirements. An alteration to a nonconforming structure on a lot of less than 20,000 square feet, where the alteration will comply with all applicable sections of the zoning bylaw in effect at the time of application shall require a finding as to such compliance from the permit granting authority or zoning administrator, duly authorized, pursuant to §6 c.40A GL.
[6] In cases where the applicant seeks to increase the height of any structure that encroaches on a required setback, where any increase in height will occur within such encroachment, there shall be no alteration as of right under this section.
Or do or take any other action on this matter. On request of the Planning Board.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: This section of the Zoning Bylaw, Pre-Existing, Nonconforming Structures and Uses, is a most difficult topic. The State law and case law on the subject has been described by the Courts as truly difficult. The Planning Board has attempted to craft a bylaw that addresses concerns expressed by our citizens while at the same time allowing for flexibility in decision making by the Board of Appeals. This is an important topic; too important not to get right. The Planning Board thanks those who commented on this draft, especially two members of the Board of Appeals who took the time to attend the public hearing. The Planning Board will bring this Article back to the November Town Meeting after continued discussion with interested parties.
(ATM) ARTICLE 12: To see if the Town will vote to amend the bylaws for residential districts to be allowed to construct a barn or carriage house that shall not exceed 25' in height and shall meet all setback requirements per the zoning district with approval of a special permit from the Board of Appeals. Carriage houses may be allowed as accessory use to primary and connected to a dwelling with a breezeway according to the architectural integrity of the period/era of existing dwellings and/or structures on subject property.
On request of A. John Alves, and others.
(ATM) ARTICLE 13: To see if the Town will vote to change the Town of Falmouth Zoning Bylaw and amend the Official Zoning Map of the Town of Falmouth by rezoning from Agricultural B to Business 3 that portion of the land at 339 Gifford Street as shown on The Falmouth Assessor's Map 38 Section 09 Parcel 002C Lot 001 and also as described as Lot 1 on a Plan recorded with the Barnstable County Registry of Deeds in Plan Book 217, Page 77 dated December 26, 1967 ("Property"). Said Property is owned by Falmouth Heights Holding Four, LLC. Paul E. Ferazzi is currently the managing member and has been since June 6, 2005.
On request of Paul E. Ferazzi, managing member, Falmouth Heights Holding Four, LLC and others.
(ATM) ARTICLE 14: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Massachusetts, for municipal purposes, said land to be under the jurisdiction of the Board of Selectmen and being described as follows:
The land located at 81 Davisville Road, East Falmouth, Massachusetts, containing 3.94 acres of land, more or less, all as described in a deed from Mary Howard to John F. Rapoza dated January 9, 1901, recorded with the Barnstable County Registry of Deeds in Book 249, Page 231 and by deed recorded in Book 266, Page 389.
And further to appropriate the sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and 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, and by whom expended. Said sums are to be expended under the jurisdiction of the Board of Selectmen.
Or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Finance Committee was unsure of the possible future use of this parcel given that the Emerald House parcel was purchased for recreational purposes.
MAP INCLUDED
(ATM) ARTICLE 15: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Massachusetts, for purposes of open space and/or public recreation, or any other appropriate authority, said land to be under the jurisdiction of the Board of Selectmen and being described as follows:
Land now or formerly of Elizabeth J. Haddad, approximately 82,912 square feet, more or less, and being shown on Assessors Map #45, Section 21, Parcel 001, Lots 001, 002, 003 and 004 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00960, Page 0074.
And further to appropriate the sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and 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 reimbursement of the cost of acquisition, and to determine how the same shall be raised, including appropriation from the Community Preservation Fund, under the Community Preservation Act categories of open space and recreation, or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Said sums are to be expended under the jurisdiction of the Board of Selectmen.
Or do or take any other action on this matter. On request of the Board of Selectmen and the Community Preservation Committee.
RECOMMENDATION (Finance Committee and Community Preservation Committee): That the Town vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Massachusetts for purposes of open space and/or public recreation, said land to be under the jurisdiction of the Board of Selectmen and subject to a conservation restriction in perpetuity to be held by the 300 Committee, Inc. or other governmental agency or non-profit organization limiting the use of the property to the purposes which it was acquired as set forth in G.L. ch. 44B, sec. 12(a), the land being now or formerly owned by Elizabeth J. Haddad, containing 82,912 square feet, more or less, and being shown on assessors map #45, sec. 21, parcel 21, lots 001-004 and described in a deed recorded in the Barnstable County Registry of Deeds in book 960, page 74, and further to appropriate the sum of $706,225.00 for the acquisition of the foregoing land, including costs incidental and related thereto as follows:
a) The sum of $290,000 from the Fiscal Year 2008 estimated Community Preservation Fund revenues for the purpose of Article 15;
b) The sum of $306,225 to be borrowed by the Town Treasurer, with the approval of the Board of Selectmen, pursuant to ch. 44, sec. 7(3) or sec. 7(25) of the General Laws, or any other enabling authority and to issue bonds or notes of the town therefore; and
c) To accept a gift of $110,000 from The 300 Committee, Inc., for the purposes of Article 15.
All said sums shall be expended under the jurisdiction of the Board of Selectmen who are further authorized to accept gifts of property, use, personal or otherwise, in relation to the foregoing acquisition and to enter into any and all agreements and execute all documents the Board deems advantageous on behalf of the Town for partial or full reimbursement of the cost of acquisition.
(ATM) ARTICLE 16: To see if the Town will vote to amend the Town's Position Classification Plan for the Falmouth Public Library to be effective on July 1, 2007 as follows:
Delete: Acquisition Assistant Gr. 05 ($14.04 - 17.76/hr.)
Add: Acquisition Assistant Gr. 06 ($15.02 - 19.01/hr.)
Delete: Branch Librarian Gr. 09 ($18.40 - 23.28/hr.)
Add: Branch Librarian Gr. 10 ($19.69 - 24.91/hr.)
Delete: Circulation Librarian Gr. 09 ($18.40 - 23.28/hr.)
Add: Circulation Librarian Gr. 10 ($19.69 - 24.91/hr.)
Delete: Librarian to the Homebound Gr. 06 ($15.02 - 19.01/hr.)
Add: Librarian to the Homebound Gr. 08 ($17.20 - 21.76/hr.)
Delete: Library Aide Gr. 02 ($11.46 - 14.50/hr.)
Add: Library Aide Gr. 03 ($12.26 - 15.52/hr.)
Delete: Library Assistant Gr. 04 ($13.12 - 16.60/hr.)
Add: Library Assistant Gr. 06 ($15.02 - 19.01/hr.)
The above includes Library Assistants in the following specialties: Adult Registration, Children's Processing, Children's Classification & Overdue Notices, Document Delivery, Adult Overdue Notices and General.
Delete: Library Assistant-North Branch Gr. 04 ($13.12 - 16.60/hr.)
Add: Library Assistant-North Branch Gr. 07 ($16.07 - 20.34/hr.)
Delete: Library Assistant-East Branch Gr. 05 ($14.04 - 17.76/hr.)
Add: Library Assistant-East Branch Gr. 07 ($16.07 - 20.34/hr.)
Delete: Library Assistant to the Circulation
Supervisor/Requests Gr. 05 ($14.04 - 17.76/hr.)
Add: Library Assistant to the Circulation
Supervisor/Requests Gr. 07 ($16.07 - 20.34/hr.)
Delete: Library Assistant to the Children's Librarian Gr. 04 ($13.12 - 16.60/hr.)
Add: Library Assistant to the Children's Librarian Gr. 07 ($16.07 - 20.34/hr.)
Delete: Principal Office Assistant Gr. 08 ($17.20 - 21.76/hr.)
Add: Administrative Assistant Gr. 09 ($18.40 - 23.28/hr.)
Delete: Reference Librarian Gr. 09 ($18.40 - 23.28/hr.)
Add: Reference Librarian Gr. 10 ($19.69 - 24.91/hr.)
Delete: Technical Services Assistant Gr. 05 ($14.04 - 17.76/hr.)
Add: Technical Services Assistant Gr. 06 ($15.05 - 19.01/hr.)
Or do or take any other action in the matter. On request of the Board of Library Trustees and the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 16 as printed.
EXPLANATION: The Library employees have not been reclassified in more than twelve years. The latest reclassification study was conducted in 2006, at which time an Article was submitted for the November Town Meeting. The Finance Committee recommended that the Article be brought back for the April 2007 Town Meeting when the financial outlook would be clearer and the 2008 Budget was presented. These positions have been studied and a reclassification is warranted. The funding of $27,581 for the Library Reclassification is included in the fiscal year 2008 Budget.
(ATM) ARTICLE 17: To see if the Town will vote to amend the Town's Position Classification Plan for the Treasurer's Department to be effective on July 1, 2007 as follows:
Delete: Principal Office Assistant (A) Gr. 08 ($16.90 - 21.39/hr.)
Add: Town Payroll Coordinator Gr. 09 ($18.09 - 22.88/hr.)
Delete: Principal Office Assistant (B) Gr. 08 ($16.90 - 21.39/hr.)
Add: Assistant Town Treasurer Gr. 09 ($18.09 - 22.88/hr.)
Or do or take any other action in the matter. On request of the Town Administrator.
(ATM) ARTICLE 18: To see if the Town will vote to amend the Town's Position Classification Plan for the Planning Department to be effective on July 1, 2007 as follows:
Delete: (1) Assistant Town Planner Gr. M-5 ($23.79 - 31.04/hr.)
Add: (1) Assistant Town Planner Gr. M-6 ($24.98 - 32.59/hr.)
Or do or take any other action in the matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 18 as printed.
(ATM) ARTICLE 19: To see if the Town will vote to amend the Town's Position Classification Plan for the Collector's Office to be effective on July 1, 2007 as follows:
Or do or take any other action on this matter. On request of the Town Administrator.
(ATM) ARTICLE 20: To see if the Town will vote to amend the Town's Position Classification Plan for the Building Department to be effective on July 1, 2007 as follows:
Delete: (1) Ass't Zoning Enforcement Officer (19Hrs) Gr. 08 ($16.90- 21.39/hr.)
Add: (1) Ass't Zoning Enforcement Officer (40Hrs) Gr. 08 ($16.90- 21.39/hr.)
(ATM) ARTICLE 21: To see if the Town will vote to amend the Town's Position Classification Plan for the Information Technology Department to be effective on July 1, 2007 as follows:
Delete: (1) Network Computer Technician Gr. M-5 ($23.79 - 31.04/hr.)
Add: (2) Network Computer Technician Gr. M-5 ($23.79 - 31.04/hr.)
(ATM) ARTICLE 22: To see if the Town will vote to amend the Town's Position Classification Plan for the Human Services Department to be effective on July 1, 2007 as follows:
Delete: (2.5) FTE Clinical Social Workers Gr. M-6 ($24.98- 32.59/hr.)
Add: (3.0) FTE Clinical Social Workers Gr. M-6 ($24.98- 32.59/hr.)
Delete: (50) Firefighters/Paramedics
Add: (52) Firefighters/Paramedics
Delete: (54) Patrol Officers
Add: (56) 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 24 as printed.
EXPLANATION: This addition of two Patrol Officers continues the program to increase the manpower of the Police Department. The current salary range of a Patrol Officer position is $20.67 - $23.00/hr. Funding for these positions will be deferred to a later date.
The Fiscal Year 2008 Budget will be found in the center section of the Warrant Booklet.
(ATM) 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 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.
(ATM) ARTICLE 27: 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 the matter. On request of the Town Administrator.
(ATM) ARTICLE 28: 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.
(ATM) ARTICLE 29: 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.
(ATM) ARTICLE 30: 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.
(ATM) ARTICLE 31: 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.
(ATM) ARTICLE 32: 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.
(ATM) ARTICLE 33: 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 in this matter. On request of the Town Administrator.
(ATM) ARTICLE 34: To see if the Town will vote to appropriate $450,000.00 for the purpose of sludge removal from the original treatment ponds at the Town's Wastewater Treatment Facility located at 154 Blacksmith Shop 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 Department of Public Works.
RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $450,000 for the purposes of Article 34, 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, sec. 7(1) or any other enabling authority, and to issue bonds or 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 2 ½, so called.
EXPLANATION: The original wastewater treatment system included three treatment ponds that were designed to produce and then indefinitely store a large volume of sludge. These ponds are not part of the operation of the upgraded wastewater treatment system, and the sludge must be removed and disposed of in order to prevent odor on the site. An appropriation of $575,000 was made for this effort in November 2004, under the assumption that the sludge would be removed immediately after start up of the upgraded plan, scheduled to occur by January 1, 2005. However, the Wastewater Treatment Facility start-up occurred more than 11 months late, and the original ponds were desired as "back-up" storage for a number of months after start-up. In the interim, sludge removal, hauling and disposal costs have increased.
(ATM) ARTICLE 35: To see if the Town will vote to appropriate a sum of money for the purpose of renovating the third floor at Town Hall 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 Department of Public Works.
RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate the sum of $68,623 for the purposes of Article 35 to be expended under the jurisdiction of the Town Administrator.
(ATM) ARTICLE 36: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purpose of additional funding for the Affordable Housing Development Fund which enables the Town to support affordable housing development opportunities in a timely manner, including potential real estate transactions, pre-development and development costs, to be managed by the Falmouth Affordable Housing Committee / Falmouth Housing Trust / Falmouth Housing Corporation, under the Community Preservation Act (CPA) category of Community Housing, 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 appropriate the sum of $330,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues 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.
The Finance Committee has reviewed all of the Community Preservation articles (Article 15 and Article 36 through 46) 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 continue to 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.
(ATM) ARTICLE 37: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purpose of additional funding for the Affordable Housing Retention Fund which enables the town to protect affordable housing units by creating permanent deed restrictions, to be managed by the Falmouth Housing Authority, under the Community Preservation Act (CPA) category of Community Housing, 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 appropriate the sum of $80,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues 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.
(ATM) ARTICLE 38: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to fund the community housing reserve account of the Community Preservation Committee, under the Community Preservation Act (CPA) category of Community Housing, 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 reserve the sum of $50,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 38 for appropriation to specific affordable housing projects at a future Town Meeting on the recommendation of the Community Preservation Committee.
EXPLANATION: The funding reserved for community housing will be appropriated at a future Town Meeting for the purpose of eligible affordable housing projects under the Community Preservation Act. The Community Preservation Committee is recommending the reservation of community housing funds because of its belief that affordable housing will require significant fund for future projects and therefore warrants available funds to encourage creative responses.
FINANCE COMMITTEE: The Finance Committee supports Article 38.
(ATM) ARTICLE 39: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the exterior rehabilitation of 3 Water Street in Woods Hole in an historically appropriate manner, to be managed by the Children's School of Science, under the Community Preservation Act (CPA) category of Historic Resources, 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 appropriate the sum of $135,000 ($125,000 from the Community Preservation Fund balance reserved for Historic Resources and $10,000 from the Community Preservation undesignated fund balance) for the purposes of Article 39 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: Community Preservation funds will be applied to the historically appropriate rehabilitation of the Davis House at 3 Water Street in Woods Hole. The Davis House is located in the Woods Hole historic district designated by Town Meeting. A preservation restriction to protect the historical significance of the building exterior will be a required condition of the CPA funding. The Community Preservation Committee's (CPC) total recommendation for Article 39 is in the amount of $135,000. The CPC is recommending $130,000 towards the exterior rehabilitation of the building and an additional $5,000 is recommended to contribute towards costs associated with legal fees for drafting the preservation restriction.
FINANCE COMMITTEE: The Finance Committee supports Article 39.
(ATM) ARTICLE 40: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purpose of several historic preservation projects at the Main Street Library, to be managed by the Board of Library Trustees, under the Community Preservation Act (CPA) category of Historic Resources, 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 appropriate the sum of $101,660 from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 40 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: Community Preservation funds will be applied to the historically appropriate rehabilitation of the 1901 portion of the Main Street Library. The CPA funds will be applied to the cost of historic preservation work that is above and beyond the original scope of the Main Street Library renovation such as restoration of existing interior woodwork, restoration and relocation of the Millwork cabinet in the alcove, and refurbishment of interior storm windows.
FINANCE COMMITTEE: The Finance Committee supports Article 40.
(ATM) ARTICLE 41: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purpose of roof and gutter replacement for the School Administration Building in an historically appropriate manner, to be managed by the Falmouth School Committee, under the Community Preservation Act (CPA) category of Historic Resources, 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 appropriate the sum of $490,534 ($485,534 from Fiscal Year 2008 estimated Community Preservation Fund revenues and $5,000 from the Community Preservation Fund balance reserved for Historic Resources) for the purposes of Article 41 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: The School Administration Building is listed on the National Register of Historic Places. Community Preservation Funding will be applied to costs associated with the roof and gutter replacement for the School Administration Building in a historically appropriate manner. This funding is in addition to $40,000 in Community Preservation Act funds appropriated for design at a prior Town Meeting.
FINANCE COMMITTEE: The Finance Committee supports Article 41.
(ATM) ARTICLE 42: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purpose of a shellfish habitat assessment for West Falmouth Harbor, to be managed by the Falmouth Coastal Ponds Management Committee, under the Community Preservation Act (CPA) category of Open Space, 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 appropriate the sum of $25,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 42 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: The Falmouth Coastal Pond Management Committee and the Department of Natural Resources are seeking funding to conduct a shellfish/benthic habitat resource assessment on West Falmouth Harbor for the purposes of developing a management plan that includes strategies to balance the preservation of natural resources with the public uses of Falmouth's coastal ponds and adjacent coastline.
FINANCE COMMITTEE: The Finance Committee supports Article 42.
(ATM) ARTICLE 43: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the installation of electrical conduit, a commercial grade irrigation system, and associated structures such as backstops and fencing for the Sandwich Road Athletic facility identified by parcel ID #17 01 016 026, to be managed by the Falmouth Recreation Department, under the Community Preservation Act (CPA) category of Recreation, 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 appropriate the sum of $185,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 43 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: This appropriation of Community Preservation funding is in addition to $300,000 in Community Preservation Act funds appropriated in April 2006 for the development of two athletic fields at the Sandwich Road Athletic facility. The original appropriation provided funds for development costs including but not limited to clearing and grubbing, grading and seeding, engineering work, and playground equipment. The second appropriation provides the remaining funds needed to install electrical conduit, an irrigation system, and associated structures including backstops and fencing.
FINANCE COMMITTEE: The Finance Committee supports Article 43.
(ATM) ARTICLE 44: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purchase of additional materials to complete the installation of the Guv Fuller Field lighting system, to be managed by the Falmouth Parks Department, under the Community Preservation Act (CPA) category of Recreation, 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 appropriate the sum of $210,000 ($180,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues and $30,000 from the Community Preservation Fund balance) for the purposes of Article 44 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: Community Preservation Funding will be used to install the lighting system at Guv Fuller field and for the purchase of two additional poles to complete the lighting upgrade for the baseball and football field. This funding is in addition to $125,000 in Community Preservation Act funds appropriated at a prior Town Meeting for the purchase of materials for the lighting upgrade. The Falmouth Commodores are partnering with the Parks Department and providing financial support to complete this project.
FINANCE COMMITTEE: The Finance Committee supports Article 44.
(ATM) ARTICLE 45: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to be made available for the purchase and installation of bicycle racks, said project to be managed by the Bikeways Committee, under the Community Preservation Act (CPA) category of Recreation, 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 appropriate the sum of $33,000 from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 45 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: Community Preservation Funding will be used to purchase and install the first phase of the Bikeways Committee's bicycle rack project that is planned for implementation over a three-year period. The goal of the first phase is to install 35 bicycle racks which will provide approximately 238 bicycle parking spaces throughout town. The Bikeways Committee will determine locations for installation in conjunction with the DPW Parks Department.
FINANCE COMMITTEE: The Finance Committee supports Article 45.
(ATM) ARTICLE 46: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund for the purpose of administrative expenses of the Community Preservation Committee, under the Community Preservation Act (CPA) category of administrative expenses, 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 appropriate the sum of $90,000 ($58,846 to be applied as appropriate to budget numbers 01175 and 01914 for salary and benefits for professional staff, and $31,134 for other community preservation committee administrative expenses) from Fiscal Year 2008 estimated Community Preservation Fund revenues for the purposes of Article 46 to be expended under the jurisdiction of the Community Preservation Committee.
EXPLANATION: The Community Preservation administrative expenses include but are not limited to office supplies, salary for professional staff, staff development, and fees associated with technical contract services. The Community Preservation Act allows for an appropriation of up to 5 percent of annual Community Preservation fund revenues towards the Administrative fund. The CPC's recommendation for administrative expenses represents 2.25 percent of Fiscal Year 2008 estimated revenues.
FINANCE COMMITTEE: The Finance Committee supports Article 46.
(ATM) ARTICLE 47: To see if the Town will vote to accept the doings of the Selectmen in the laying out by easement or taking as a public way the following listed roads according to plan on file with the Town Clerk:
STREET LENGTH STREET LENGTH
Ashley Meadows Winwood Area
Meadowood Lane 420' Marla Lane 1040'
Sady's Lane 2500' Valerie Circle 400'
Ashwood Lane 380' Victoria Lane 780'
Sandpoint Shores
Binnacle Road 350' River Haven Lane 600'
Pinyon Way 1920'
Sidewinder Road 1560' Renee Lane 1300'
Whitecaps Drive 1690'
Compass Circle 180' Royal Circle 816'
Seacoast Shores Daniel Street 400'
Ashley Drive 520'
Ellsworth Drive West 410' Jasmin Lane 459'
Sachem Drive West 530'
Columbus Drive East 300' Esker Place -
Winthrop Drive East 780'
Willow Field Drive 1700'
Shorewood Beach
Edgewood Drive 580'
Shorecrest Drive 780'
Suncrest Drive 820'
Under Chapter 80 of the Massachusetts General Laws, the cost will be recovered by 100% betterment assessments to the land that receives the benefit. Or do or take any other action on this matter. On request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
(ATM) ARTICLE 48: To see if the Town will vote to amend ch. 231 §12B, Waterways, of the Code of Falmouth by deleting the present §12B and adding the following:
12B. Vessel fueling from tanker trucks may be allowed at the town marina, docks and bulkheads subject to rules and regulations promulgated by the Waterways Committee. After public notice and public hearing, the Waterways Committee shall promulgate rules and regulations to effectuate the purpose of this section. Notice shall be given at least two weeks prior to the public hearing by publication in a newspaper of general circulation in the town and by posting with the Town Clerk and by posting at the Harbormaster's office. The Waterways Committee shall provide a copy of all proposed rules and regulations to the Chief of the Fire Rescue Department for review and comment before taking a final vote thereon.
Or do or take any other action on this matter. On request of the Waterways Committee.
EXPLANATION: Fueling on Town Waterways is currently prohibited. The Waterways Committee has requested this change to allow for fueling and the promulgation of fueling regulations at the town marina, docks and bulkheads subject to public hearing and approval by the Fire Chief.
(ATM) ARTICLE 49: To see if the Town will vote to amend ch. 83 of the Code of Falmouth, licensing of dogs, by adding a new section to be appropriately numbered by the Town Clerk, as follows:
MULTIPLE DOG LICENSE
Any owner or keeper of between four (4) and nine (9) dogs being over the age of six (6) months, being maintained in a private residence for non-commercial purposes and all of which have been spayed or neutered, shall secure a multiple pet license in lieu of obtaining a commercial kennel license. Such license issuance shall be contingent upon inspection of the licensed premises by the Animal Control Officer to ensure that basic standards of cleanliness and proper care and confinement of said dogs as recommended by the Massachusetts Society for the Prevention of Cruelty to Animals are followed.
The holder of a multiple pet license shall cause each dog to wear, while it is at large, a collar or harness to which shall be securely attached a tag upon which shall appear the number of such license, the year of issue and the inscription "Falmouth". Such license shall be in a form prescribed by the Town Clerk. The Town Clerk shall not issue a multiple pet license unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that each dog over the age of six months is currently vaccinated against rabies and spayed or neutered.
The license period for a multiple pet license shall be from January 1st to December 31st, inclusive. The fee for each multiple pet license shall be determined by the Board of Selectmen for between four and nine dogs kept in said household; provided that, for the purpose of determining the amount of such fee for any household, dogs under the age of six months shall not be counted in the number of dogs therein.
Or do or take any other action on the matter. On request of the Department of Natural Resources/ Falmouth Animal Control.
(ATM) ARTICLE 50: To see if the Town will vote to amend ch. 83 of the Code of Falmouth, animals, by adding a new section to be appropriately numbered by the Town Clerk, as follows:
A) Any person owning, keeping or otherwise responsible for a companion animal or farm animal who confines that animal to his property by tethering, fencing, or other means shall provide for that animal access to adequate shelter from the elements of weather such as precipitation, cold and heat and protection from entanglements or other inherently dangerous conditions including attack by predatory animals. Potable water must be available to the animal at all times.
B) Adequate shelter shall be a structure that is large enough for the animal, whether it be livestock or pet, to stand naturally, turn around and lie down inside of the structure without being exposed to the elements of weather. The roof and walls of the structure shall be water proof and wind proof. Bedding must be furnished and shall be kept clean and dry to preserve insulating properties. Insulation and an inner wall must be included in the structure for dogs with short fur to provide adequate protection from cold. During cold weather a moveable flap shall be placed over the entrance of the structure to preserve the dog's body heat. Adequate shelter from the sun may be provided by a tarp placed in a manner to provide deep shade and allow air to pass through for ventilation.
C) Whoever violates the provisions of this section shall, if it is the first offense, be given a written warning, and if it is the second or subsequent offense, shall be subject to a fine of fifty ($50.00) dollars.
Or do or take any other action on the matter. On request of the Department of Natural Resources/ Falmouth Animal Control.
(ATM) ARTICLE 51: To see if the Town will vote to amend ch. 83, sec. 15B(1) of the Code of Falmouth, licensing of dogs, to read as follows:
(1) Any owner or keeper of four (4) or more dogs, six (6) months of age or over, and not eligible for a multiple dog license, shall obtain a kennel license upon written application to the Town Clerk and approval of the Zoning Enforcement Officer and Animal Control Officer, who shall inspect the proposed licensed premises for compliance with basic standards of cleanliness, proper care and confinement as recommended by the Massachusetts Society for the Prevention of Cruelty to Animals and record keeping as required by the law. The Animal Control office shall thereafter inspect each licensed premise at least one time each year. Application for kennel license may also require a Special Permit from the Zoning Board of Appeals if the zoning by-law so provides.
Or do or take any other action on the matter. On request of the Department of Natural Resources/ Falmouth Animal Control.
(ATM) ARTICLE 52: To see if the Town will vote to amend ch. 83, sec. 18 of the Code of Falmouth, Dogs at large, to read as follows:
§ 83-18. Restraining of dogs required; exceptions.
In accordance with the provisions of MGL c. 140, §§ 173 and 173A, all dogs shall be restrained from running at large, unless said dogs are leashed and accompanied by the owner or keeper or a person authorized by said owner or keeper or under the immediate and effective voice and sight control of a competent handler. The preceding order shall be in force with the following exceptions:
A. Hunting dogs may run at large for supervised hunting during legal hunting season.
B. The training of hunting dogs will also be excepted from the restraining order providing the training meets with the approval of the Director of Natural Resources.
Or do or take any other action on the matter. On request of the Department of Natural Resources/ Falmouth Animal Control.
(ATM) ARTICLE 53: To see if the Town will vote to amend ch. 83, sec. 19 of the Code of Falmouth, Dogs at large, to read as follows:
§ 83-19. Fines.
A. If it is the first offense a written warning shall be given.
B. If it is the second offense subject to this Article, a fine of fifty dollars ($50.) shall be imposed and shall operate as a final disposition of the case.
C. If it is the third or subsequent offense subject to this Article, a fine of one hundred dollars ($100.) shall be imposed and shall operate as a final disposition of the case.
Or do or take any other action on the matter. On request of the Department of Natural Resources/ Falmouth Animal Control.
EXPLANATION: The proposed amendment increases fines from $25.00 to $50.00 for the first violation for a dog at large, and from $50.00 to $100.00 for the second violation.
(ATM) ARTICLE 54: To see if the Town will vote to authorize the Selectmen to acquire, by deed, at no cost to the Town, all or a portion of the land, 12, 850 sq.ft. more or less, at 54 Gardiner Road in Woods Hole (Assessors Parcel 49A 06 031B 001), and to acquire, at no cost to the Town, permanent easements on said land and/or on portions of abutting parcels (Assessors Parcels 49A 06 032 001 and 49A 06 031C 002) for sea wall construction, maintenance and access purposes, and to appropriate the sum of $90,000.00, to be combined with private contributions of monies and/or services and materials, and expended as necessary by the Selectmen to match state and/or federal funding for the design, permitting and repair, restoration and/or replacement of the seawall damaged in December 2005 at said properties, so as to protect the public way, wetlands and nearby properties.
On request of Catherine B. Cramer, and others.
(ATM) ARTICLE 55: To see if the Town will vote to amend the official Historic District Zoning Map and designation (Woods Hole) by removing the property at 13 Church Street, The Fisher House, described at Barnstable County Registry of Deeds in Book 00975 Page 0264 Recorded 02/26/1963 and by the Falmouth Board of Assessors as Parcel 51 01 000 002.
On request of James A. Murray, and other on behalf of the Church of the Messiah.
(ATM) ARTICLE 56: 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.
WARRANT FOR THE APRIL 2007 SPECIAL TOWN MEETING
WITH RECOMMENDATIONS AND EXPLANATIONS
THURSDAY, APRIL 5, 2007 AT 7:00PM
(STM) ARTICLE 1: To see if the Town will vote to appropriate a sum of money for the purpose of funding Bonding Costs for Long Term Debt 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 Treasurer.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The funding for this Article has been placed in the FY 2008 Budget.
(STM) ARTICLE 2: 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 transfer the sum of $40,000 from the Fire Department Budget Line Item 01220-51110 Salary & Wages Full Time for the purposes of Article 2 to be expended under the jurisdiction of the Town Administrator.
EXPLANATION: This is a routine article that funds any line of duty injury expenses that are not covered by insurance.
(STM) ARTICLE 3: To see if the Town will vote to appropriate a sum of money to fund the operations of 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 Department of Public Works Wastewater Superintendent.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $95,000 from the DPW Engineering/Administration Budget Line Item 01411-51110 Salary & Wages Permanent to be disbursed as follows: $47,000 to the DPW Wastewater Department Budget Line Item 01440-53210 Otr Prch Svc - Sludge Haul* and $48,000 to Budget Line Item 01440-54535 Pub Wks Suply - Chemicals, for the purposes of Article 3 to be expended under the jurisdiction of the Department of Public Works Wastewater Superintendent.
EXPLANATION: The Wastewater Operating Budget for fiscal year 2007 was underestimated due to the fact that at budget preparation time, the Town had not yet taken over operation of the upgraded Wastewater Treatment Facility and the budget requests were based on engineering estimates and very limited operational data. The Finance Committee has already approved Reserve Fund Requests in the amount of $33,000 for this budget to avoid deficit spending. The amount requested in this Article will provide funding necessary to finish the fiscal year.
(STM) ARTICLE 4: To see if the Town will vote to appropriate a sum of money for the purpose of legal fees and litigation support associated with 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 Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $40,000 from the Fire Department Budget Line Item 01220-51110 Salary & Wages-Full Time and $90,000 from the DPW Water Utilities Department Budget Line Item 01220-51110 Salary & Wages-Permanent for the purposes of Article 4 to be expended under the jurisdiction of the Town Counsel.
EXPLANATION: The amount requested in this Article is needed to fund estimated legal fees and litigation support associated with the Wastewater Treatment Facility through December 2007. Depending on the on-going status of this case, additional funding may be requested at the November 2007 Town Meeting.
(STM) ARTICLE 5: To see if the Town will vote to appropriate the sum of $175,000 from the School Foundation Reserve Award Fund to the Falmouth School Department Budget Line Item 01300-57780 for the fiscal year ending June 30, 2007. Or do or take any other action in this matter. On request of the Town Administrator and School Superintendent.
RECOMMENDATION (Finance Committee): That the Town vote Article 5 as printed to be expended under the jurisdiction of the Falmouth School Committee.
EXPLANATION: A Town Meeting vote is required to appropriate the School Foundation Reserve Award into the School Budget.
(STM) ARTICLE 6: To see if the Town will vote to appropriate a sum of money for a supplemental budget for the Upper Cape Cod Regional Technical High School. Or do or take any other action in this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.
EXPLANATION: The amount requested is necessary to cover the bonding costs of the HVAC Phase II project. The Bond Anticipation Notes (BANS) are due on June 29, 2007 and will be bonded at that time. The Upper Cape Cod Regional Technical School was unaware of the date selection for this bonding and did not budget for this in the fiscal 2007 Budget. Therefore, the capital assessment for the Town of Falmouth for fiscal year 2007 shall be increased by $52,067.10 to cover the costs of this shortfall. Although the Finance Committee agrees that funding for this Article is necessary, no funding source was available at the time the warrant went to print.
(STM) ARTICLE 7: To see if the Town will vote to authorize the Board of Selectmen to prepare a preliminary plan of development utilizing a 19.87 acre parcel off Blacksmith Shop Road and described in a deed from D.T.B., Inc. to the Inhabitants of the Town of Falmouth recorded in the Barnstable County Registry of Deeds in book 6942, page 157 for purposes of public recreation, including a hockey rink(s), swimming pool and senior center. Or do or take any other action on the matter. Or request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 7 as printed.
EXPLANATION: The Board of Selectmen has identified this site as a possible location for community facilities including an ice rink, swimming pool and senior center. We request your approval to prepare a preliminary feasibility plan for this site to bring back to Town Meeting for its review.
MAP INCLUDED
(STM) ARTICLE 8: To see if the Town will vote to appropriate a sum of money for the purchase and installation of security cameras and equipment for several locations in town 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 Harbormaster.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $19,500 from the Waterways Fund for the purposes of Article 8 to be expended under the jurisdiction of the Waterways Committee.
EXPLANATION: This money will fund phase II of the port security camera installation program. Two additional cameras will be added in the inner harbor and one will be installed in Woods Hole.
(STM) ARTICLE 9: To see if the Town will vote to appropriate a sum of money for the replacement of the Waquoit Bay west jetty light and piling structure 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 Waterways Committee.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $7,500 from the Waterways Fund for the purposes of Article 9 to be expended under the jurisdiction of the Waterways Committee.
EXPLANATION: The former navigational aid was destroyed last fall after being struck by a large vessel. The new light and fixed structure will consist of (4) pilings in a dolphin style configuration with the navigational light on top. The new aid will be similar to the east jetty light currently in operation.
(STM) ARTICLE 10: To see if the Town will vote to appropriate a sum of money for the purpose of funding Site Improvement/Permitting for Dredging 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 Waterways Committee.
RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $50,000 from the Waterways Fund for the purposes of Article 10 to be expended under the jurisdiction of the Waterways Committee.
EXPLANATION: This will fund the cost of dredging and permitting of various locations.
(STM) ARTICLE 11: To see if the Town will vote to amend a condition on Community Preservation Act funding appropriated under Article 32 at the Annual Town Meeting in April 2006 for the Falmouth Historical Society's Environmental Improvement Project and rescind the preservation restriction requirement on 55 and 56 Palmer Avenue, 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 preservation restrictions for 55 and 65 Palmer Avenue.
EXPLANATION: As voted under Article 32 at the April 2006 Annual Town Meeting, the amount of $28,000 was appropriated 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 Avenue, with special conditions to include historic preservation restrictions. Upon further review, the Community Preservation Committee does not feel it is necessary to require preservation restrictions on the two buildings where design studies are to be conducted.
FINANCE COMMITTEE: The Finance Committee supports Article 11.
MAP INCLUDED
(STM) ARTICLE 12: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to authorize the Town of Falmouth to install, finance and operate wind energy facilities at the Wastewater Treatment Facility, said legislation to be substantially in the following form:
"An Act Authorizing The Town of Falmouth To Install,
Finance And Operate Wind Energy Facilities."
Section 1. Notwithstanding any general or special law to the contrary, the Town of Falmouth is hereby authorized to design and install wind energy facilities at its wastewater treatment facility at Blacksmith Shop Road in said Falmouth, to prepare and improve said site, to acquire all equipment necessary for said wind energy facilities, to make improvements and extraordinary repairs to said facilities, and to pay all other costs incidental and related thereto.
Section 2. The Town of Falmouth is hereby authorized to issue from time to time bonds or notes in order to finance all or a portion of the costs of the wind energy facilities project authorized pursuant to section I of this act. Notwithstanding any provisions of chapter 44 of the General Laws to the contrary, the maturities of any such bonds issued by the Town of Falmouth hereunder either shall be arranged so that for each issue the annual combined payments of principal and interest payable in each year, commencing with the first year in which a principal payment is required, shall be as nearly equal as practical in the opinion of the town treasurer, or shall be arranged in accordance with a schedule providing for a more rapid amortization of principal. The first payment of principal of each issue of bonds or of any temporary notes issued in anticipation of the bonds shall be not later than five years from the estimated date of commencement of regular operation of the wind energy facilities financed thereby, as determined by the town treasurer and the last payment of principal of the bonds shall be