Article 01

ARTICLE 01: To see if the Town will vote to appropriate the sum of Eight Hundred Thirty Dollars ($830.) for the purpose of payment of the listed Unpaid Bills of prior Fiscal Years, 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.

Town Paint & Supply	D.P.W.	$139.
Bob's Tire Company	D.P.W.	170.
Thomas Zine	Police Dept.	371.
Ortins Photo Supply	Conservation Commission	150.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $830 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 1.

EXPLANATION: Bills for items purchased or services performed during one fiscal year cannot be paid in another fiscal year without Town Meeting approval.

Article 02

ARTICLE 02: To see if the Town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding the following:

Class I Restaurant: Any establishment which has a rating of 199 or less as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

Class II Restaurant: Any establishment which has a rating of 200 to 265 as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

Class III Restaurant: Any establishment which has a rating of 266 TO 299 as measured by the Table of Performance Indicators for Restaurant Classifications for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

Class IV Restaurant: Any establishment which has a rating of 300 or more as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

And to amend Article XXIII -Performance Requirements - by adding the following Table:

Table of Performance Indicators for Restaurant Classifications

Service	Table	10	Cafeteria/counter	25	Drive-thru	40
Takeout sales	0-25.9%	10	26-50%	25	>50%	40
Payment	After eating	10	After & before eating	25	Before eating	40
Hrs of operation	AM	10	PM	25	Noon	40
Container	Reusable	10	Reusable & Disposable	25	Disposable	40
Consumption	On premise	10	On & Off premise	25	Off premise	40
Advertising	Cape/Local	10	Regional	14	National	40
Size (seats)	>25	10	26-50	25	51+	40

And to amend Article IX - Marine Districts - of the Zoning Bylaw - by inserting the following:

§240-44.B.(1) Class I and Class II restaurants, subject to the restrictions of §240-44.B. Class III and Class IV restaurants are expressly prohibited in Marine Districts.

And to amend Article X - Business Districts - of the Zoning Bylaw by inserting the following:

§240-48.D.(1) Class I Restaurants in all Business Districts; Class II Restaurants in Business 2 and Business 3 only; Class III Restaurants in Business 2 only.

§240-51.C. (1)(a) Class IV Restaurant. All Class IV restaurants, regardless of gross floor area, shall be subject to §240-220, Multiple Review. Class IV restaurants are expressed prohibited in Business 1 and Business 3 zoning districts.

Add §240-51.D. In Business 1 Districts only: Class II

Add §240-51.E. In Business 3 Districts only: Class III Restaurant

And to amend Article XI - Light Industrial A Districts - of the Zoning Bylaw - by inserting the following:

240-54.D.(1) Class I, Class II and Class III restaurants. Class IV restaurants are expressly prohibited in Light Industrial A Districts.

And to amend Article XII - Light Industrial B Districts - of the Zoning Bylaw by inserting the following:

240-60.D.(1) Class 1 and Class II restaurants
240-63.J. Class III restaurants. Class IV restaurants are expressly prohibited in Light Industrial B Districts.

RECOMMENDATION: That the Town vote Article 2 as printed in the warrant

EXPLANATION: This article introduces a classification scheme for restaurants based on eight performance characteristics. These characteristics include type of service, percent of take out sales, timing of payment, hours of operation, type of containers, consumption on or off the premises, type of advertising and seating size. Because of the uniqueness of this approach, this classification of restaurants will augment the existing definitions of restaurant and fast food restaurant currently in the bylaw. The Article then distributes the four classes of restaurants into the various zoning districts based on a point rating. The Planning Board considers this approach to classifying restaurants based on impacts, rather than definition, to be superior, and will clarify what types of restaurants can locate in the Town's various business zones.

Article 03

ARTICLE 03: To see if the Town will vote to amend Article II - Definitions - of the Zoning Bylaw by :

Adding the following definition:

Cul-de-sac: A dead-end street with a turn-a-round at the closed end having an outside street radius of no more than sixty (60) feet.

And by amending the definition of lot frontage by adding the words "the combined frontage" and the words "up to three (3)" so as to read:

Lot Frontage: That portion of a lot fronting upon and having legal rights of access to a street to be measured continuously along one street line between the side lot lines and their intersection with the street line, or in the case of a corner lot, the combined frontage to the point of intersection with the street lines extended. Frontage requirements for up to three (3) lots on the arc of the curve at the end of cul-de-sacs may be reduced to no less than sixty (60) percent of the required minimum for the district. Or do or take any other action in this matter. On request of the Planning Board.

RECOMMENDATION: That the Town vote Article 3 as printed in the warrant.

EXPLANATION: This Article defines a cul-de-sac and limits the number of lots that can be developed along its frontage. This Article also re-defines lot frontage for corner lots to be the combined frontage of both roads the lot fronts on.

Article 04

ARTICLE 04: To see if the Town will vote to amend Section 240-8,Exemptions, (Building Permit Limitation bylaw) by deleting Section 240-8 in its entirety and replacing it with the following language:

SECTION 240-8 EXEMPTIONS If the Building Commissioner has issued the maximum 200 permits before the end of the calendar year, thereafter until the end of the calendar year building permits for dwellings units may only be issued as listed below:

a.	Special needs or affordable housing constructed by a public agency or nonprofit organization;
b.	Dwelling units permitted as fee in lieu of units under Section 240-138 of the Zoning Bylaw;
c.	Assisted Living Units;
d.	Accessory Apartments;
e.	Single or two family dwellings on a lot held in separate ownership for at least one year.
f.	Single family dwelling located in a subdivision subject to a current development phasing covenant;
g.	Small developer, not having obtained permits for more than five dwelling units for one applicant or set of applicants within the calendar year, may be issued a total of five permits within the calendar year for lots held in single ownership for at least one year.

Or do or take any other action in this matter. On request of Michael Botelho and others.

RECOMMENDATION: That the Town vote to amend §240-8 - Exemptions - of the Zoning Bylaw by adding the following new sub-section:

g) Hardship Exemption: Any person aggrieved by reason of his inability to obtain a building permit under the provisions of the Building Permit Limitation Bylaw can appeal to the Board of Appeals under § 240-202 of the Zoning Bylaw. The Board of Appeals may issue a building permit to an applicant who can demonstrate substantial hardship, financial or otherwise, owing to the applicant's inability to obtain a building permit from the Building Commissioner under the provisions of the Building Permit Limitation under the following criteria:

Extraordinary delay in permit process no the fault of the applicant and but for this extraordinary permit delay, a building permit would have issued prior to building cap being reached.

Investment of capital has been expended and is now at risk.

Both criteria must be satisfied for the Board of Appeals to issue a permit. The Board of Appeals shall not grant more than 15 hardship permits in any one calendar year.

And to amend §240-8(e) by adding the following:

"For the purposes of §240-8(e) property obtained from an estate can be considered owned by the successor in title for a period equal to the time the property was owned by the decedent."

EXPLANATION: This amendment adds a hardship exemption to the Building Permit Limitation bylaw. It is intended to act as a "safety valve" for individual demonstrating hardship. For example, a building contractor was awaiting a decision for a special permit. However the special permit granting authority could not gather the necessary 2/3 quorum of eligible voters for several weeks. In the interim, the building permit limit was reached. This criteria is not to be applied to complex projects which often take the full permit process time frame, plus extensions, to complete. The other criterion is an applicant's investment status in a project. For example, a lot was purchased or a home was sold in anticipation of moving. Speculation, "I want to purchase a lot" would not be considered an at risk capital expenditure. The Board of Appeals would only be authorized to issue 15 hardship permits in any calendar year.

Article 05

ARTICLE 05: To see if the Town will vote to transfer the sum of Sixty Thousand Dollars ($60,000.) from the Stabilization Fund for the purpose of completing construction of the Waste Management Facility located at the Waste Disposal Area which is scheduled to close January 1, 1999; said construction to include paving, retaining walls, and appurtenant work. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the Town vote Article 5 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Construction of the Waste Management Facility must be completed due to the closure of the landfill on January 1, 1999. The building will process recyclables and other materials that will be removed from the area. There will be areas for receiving tires and metals. The facility is behind the present recycling area.

Article 06

ARTICLE 06: To see if the Town will vote to appropriate the sum of One Million Dollars ($1,000,000.) for the purpose of funding the design, construction and furnishing of a Town Hall addition, and to determine whether to raise this appropriation by borrowing or otherwise, or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the Town vote to appropriate the sum of One Million Dollars ($1,000,000) and in order to raise this appropriation, to transfer the sum of $250,000 from Certified Free Cash, and transfer the sum of $250,000 from the Stabilization Fund, and authorize the Treasurer with the approval of the Board of Selectmen to borrow the sum of $500,000 under and pursuant to Chapter 44, Sections 7(3), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor. Said funds to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 6 as requested, including costs incidental and related thereto.

EXPLANATION: The need for additional space at Town Hall has been recognized for many years. On any given week night meeting space is inadequate. On Mondays, the Board of Selectmen and Board of Health meet. On Tuesdays, the Planning Board and a variety of other boards hold regular meetings. On Wednesday, the Conservation Commission and Zoning Board of Appeals meet. The single basement meeting space is adequate for most regular meetings, but the secondary meeting space in the Board of Appeals, at less that 500 square feet, is not large enough for a public meeting. The Town has an obligation to provide access for any citizen wishing to attend pubic meetings. With the cramped spaces being used this can be a problem. The top floor office space in Town Hall has been inadequate for a long time and conditions become more difficult with the ever increasing demand for data processing and engineering GIS services. Several years ago the Town studied a major addition to correct space problems and the lack of handicap access. At a cost of $3.5 million this addition was judged too expensive. Article 6 presents the Town with the opportunity to respond to these needs for the next twenty to thirty years using the funding from the existing sources as identified. The Board of Selectmen and the Finance Committee support this project.

Article 07

ARTICLE 07: To see if the Town will vote to accept the doings of the Board of Selectmen in the laying out of Emerald Lane under the provisions of Massachusetts General Law, Chapter 80, Betterment Assessments and according to a plan on file with the Town Clerk and described as follows:

In East Falmouth, Davisville Road Easterly, Southerly and Westerly to Same (horseshoe), 1,590 feet. Or do or take any other action in this matter.

RECOMMENDATION: That the town vote Article 7 as printed in the warrant.

EXPLANATION: The Board of Selectmen recommends that Emerald Lane be accepted as a public way. This street should have been completed by the developer and town responsibilities were not fully executed. The final paving work is needed to properly maintain the road. The Board of Selectmen has voted a betterment of 60% town and 40% abutter payment for this work.

Article 08

ARTICLE 08: To see if the Town will vote to appropriate the sum of Fifty-eight Thousand Dollars ($58,000.) for the purpose of design, and engineering services and construction of a new bath house/concession building and septic system at the resident side of Old Silver Beach, 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: That the Town vote to transfer from Certified Free Cash $8,000 to be expended under the jurisdiction of the Board of Selectmen for design and engineering services for the bath house/concession building and septic system at Old Silver Beach.

EXPLANATION: The bath house is in poor condition. This will allow for the design and engineering work to be done in anticipation of a future article for the construction. The Beach Committee is agreeable to this recommendation.

Article 09

ARTICLE 09: To see if the Town will vote to appropriate the sum of Eight Thousand Dollars ($8,000.) for the purpose of relocating a utility pole at Menauhant Beach, 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: That the Town vote to transfer from Certified Free Cash $8,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 9.

EXPLANATION: The utility pole originally was adjacent to the old road. The road was moved, but the pole was not and now at high tide it is dangerously near the water.

Article 10

ARTICLE 10: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars $(20,000.) for the purpose of upgrading computer Local Area Network, 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: That the Town vote to transfer from Certified Free Cash $20,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 10.

EXPLANATION: The upgrading of the wiring within Town Hall must be accomplished to accommodate the growth of desktop computing, internet dependency, electronic mail, image technology and the expansion to the GIS system.

Article 11

ARTICLE 11: To see if the Town will vote to appropriate the sum of Forty Five Thousand Dollars $(45,000.) for the purpose of upgrading computer Wide Area Network, 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: That the Town vote to transfer from Certified Free Cash $45,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 11.

EXPLANATION: There are currently four ways Town facilities are connected: leased data lines, dialup modems, town-owned installed data lines and Adelphia cable network. All need to be improved. The project is critical at this time as it is closely aligned with the Adelphia Contract renewal and the Main Street Revitalization Project.

Article 12

ARTICLE 12: To see if the Town will vote to appropriate the sum of Fourteen Thousand One Hundred Fifty Dollars $(14,150.) for the purpose of purchasing computer equipment, 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: That the Town vote to transfer from Certified Free Cash $14,150 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 12.

EXPLANATION: Equipment will be purchased for the Planning Board, Zoning Board of Appeals and the Assessing Department.

Article 13

ARTICLE 13: To see if the Town will vote to appropriate the sum of One Hundred Thousand Dollars ($100,000.) for the purpose of funding road maintenance, 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: That the Town vote to transfer $100,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 13.

EXPLANATION: Each year the Capital Improvement Plan contains funding for the routine maintenance of our roads.

Article 14

ARTICLE 14: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of funding maintenance for the town bridges, 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: That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 14.

EXPLANATION: The routine maintenance of bridges is regularly included in the Capital Improvement Plan.

Article 15

ARTICLE 15: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of funding maintenance for the town sidewalks, 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: That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 15.

EXPLANATION: The routine maintenance of sidewalks is regularly included in the Capital Improvement Plan.

Article 16

ARTICLE 16: To see if the Town will vote to appropriate the sum of Two Hundred Eighty-Two Thousand Dollars ($282,000.) for the purpose of purchasing vehicles and equipment for the Department of Public Works, 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: That the Town vote to transfer from Certified Free Cash $282,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes for the purchase of the following vehicles:

Highway Division

Dump truck 35,000 GVW	55,000
Two sanders @9,000	18,000
Dump truck 1 ton	28,000
Loader 2 cy	70,000
	171, 000

Water and Sewer Divisions

Utility truck 1 ton	27,000
Pickup truck 4000 GVW	12,000
Utility truck 1 ton	27,000
	66,000

Tree Division

Utility truck 1 ton	27,000
Chipper	18,000
	45,000

EXPLANATION: This is the FY '99 portion of the Capital Improvement Plan for the purchase of D.P.W. vehicles.

Article 17

ARTICLE 17: To see if the Town will vote to appropriate the sum of Thirty Three Thousand Dollars ($33,000.) for the purpose of purchasing a Van for Emergency Preparedness, 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: That the Town vote to transfer from Certified Free Cash $33,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 17.

EXPLANATION: The main purpose of the Emergency Preparedness vehicle is to provide communication and support to all departments during an emergency. The vehicle now in possession of Emergency Preparedness is over twenty years old and has been taken off the road. The 911 system can be handled by the communication vehicle when necessary.

Article 18

ARTICLE 18: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of constructing a walk way on Davisville Road, 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: That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 18.

EXPLANATION: A request for a sidewalk in this section of Davisville Road was originally submitted as a petition article in the November 1997 Annual Town Meeting but it was determined to be too costly and would require the removal of old trees. The walkway as designed will go around the trees, will be in compliance with the Americans with Disabilities Act, will not require landtakings and will provide much needed protection for pedestrians on this busy road.

Article 19

ARTICLE 19: To see if the Town will vote to appropriate the sum of Sixty Thousand Dollars ($60,000.) for the purpose of purchasing and replacing water meters and hydrants, 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: That the Town vote to transfer $60,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 19.

EXPLANATION: This article appears each year in the Capital Improvement Plan. Hydrants that do not operate properly must be replaced for safety reasons. Old meters must be replaced as they do not register water consumption correctly and this affects the Town's ability to collect the correct amount of revenue.

Article 20

ARTICLE 20: To see if the Town will vote to appropriate the sum of One Hundred Ten Thousand Seven Hundred Dollars ($110,700.) for the purpose of building maintenance for Town buildings, 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: That the Town vote to transfer from Certified Free Cash $110,700 for the purposes of Article 20 to be expended under the jurisdiction of the Board of Selectmen for the following projects in Town Hall: replace generator; repair drainage system; replace ceiling tile and light fixtures; renovate bathrooms; install ADA approved water fountain; renovate or upgrade furnishings in Board of Appeals, Assessors, Personnel and Veterans Offices. EXPLANATION: These projects have been developed by the Facilities Maintenance Coordinator as priorities in Town Hall as part of the ongoing project of improving the offices in that building. The Finance Committee approved this as a "stand alone" article, separate from Article 6 which requests a Town Hall addition. If Article 6 is approved by Town Meeting the need will remain to renovate and improve these areas. Preliminary plans are to relocate the Personnel Department to the new addition. If this is done funding in this article will be used to furnish the new office. The projects will be coordinated with the addition, so that no work will be duplicated.

Article 21

ARTICLE 21: To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000.) for the purpose of purchasing protective gear for the Fire Department, 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: That the Town vote to transfer $5,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 21.

EXPLANATION: This is the third year of a program to replace the department's protective clothing worn by personnel in their duties.

Article 22

ARTICLE 22: To see if the Town will vote to appropriate the sum of Fifteen Thousand Nine Hundred Dollars ($15,900.) for the purpose of purchasing a vehicle for the Fire Department, 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: That the Town vote to transfer from Certified Free Cash $15,900 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 22.

EXPLANATION: A Ford Contour will be purchased to replace a pickup truck. The Ford will be capable of carrying more personnel and will be more efficient for carrying out inspections.

Article 23

ARTICLE 23: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of purchasing a commercial washer for the Fire Department, 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: That the Town vote to transfer from Certified Free Cash $10,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 23.

EXPLANATION: A commercial washer is needed to clean the protective gear of blood borne pathogens for the safety of the firefighters and the public. Regular cleaning of the equipment will protect the investment the Town has made in Article 21. The washer is expected to have a service life of twenty years. This purchase will bring the Town into compliance with the requirements of the National Fire Code.

Article 24

ARTICLE 24: To see if the Town will vote to appropriate the sum of Twenty-five Thousand Dollars ($25,000.) for the purpose of building maintenance for the Fire Department, 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: That the Town vote to transfer from Certified Free Cash $25,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 24.

EXPLANATION: Funding in this article will continue the process of maintaining the Fire Department's six buildings.

Article 25

ARTICLE 25: To see if the Town will vote to appropriate the sum of Twelve Thousand Five Hundred Dollars ($12,500.) for the purpose of purchasing computer aided dispatch equipment for the Fire Department, 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: That the Town vote to transfer from Certified Free Cash $12,500 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 25.

EXPLANATION: At the present time information must be entered into two separate computer systems by the dispatcher. With the new equipment the information will be entered only once resulting in improved response time.

Article 26

ARTICLE 26: To see if the Town will vote to appropriate the sum of Twenty-five Thousand Dollars ($25,000.) for the purpose of dredging at Perch Pond and Great Pond, 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: That the Town vote to transfer from Certified Free Cash $29,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 26.

EXPLANATION: These two ponds are considered dead and dredging must be done to restore them. The Finance Committee was informed that the cost of the dredging would be $100,000 and the County would provide funding in the amount of $71,000; therefore the sum of $29,000 is recommended.

Article 27

ARTICLE 27: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of purchasing Aids to Navigation/Electronics for the Harbormaster, 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: That the Town vote to transfer from Certified Free Cash $10,000 to be expended under the jurisdiction of the Board of Selectmen for the purchase of Aids to Navigation.

EXPLANATION: Buoys and lights must be replaced on a regular basis for safety purposes.

Article 28

ARTICLE 28: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of purchasing replacement engines for the Harbormaster's boat, 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: That the Town vote to transfer from Certified Free Cash $10,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 28.

EXPLANATION: The April 1998 Town Meeting approved a transfer from the Waterways Fund for the purchase of a mooring barge. When the bids were received they were in excess of the transfer. The Harbormaster bought the barge only and has been using old engines to power it. New engines will be purchased for the barge as well as another work boat.

Article 29

ARTICLE 29: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of purchasing Body Armor for the Police Department, 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: That the Town vote to transfer from Certified Free Cash $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 29.

EXPLANATION: This article continues the program to purchase new body armor on a routine basis for the protection of the police officers.

Article 30

ARTICLE 30: To see if the Town will vote to appropriate the sum of Twenty-seven Thousand Dollars ($27,000.) for the purpose of purchasing computer equipment for the Police Department, 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: That the Town vote to transfer from Certified Free Cash $27,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 30.

EXPLANATION: Appropriation of this money will allow the Police Chief to apply for state and federal grants. Computer expansion is an ongoing initiative within the department and the Police Chief regards this funding to be very important.

Article 31

ARTICLE 31: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of purchasing furniture for the Police Department, 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: That the Town vote to transfer from Certified Free Cash $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 31.

EXPLANATION: The department is slowly replacing furniture throughout the building. The funding in this article will be used primarily in the patrol personnel area of the station.

Article 32

ARTICLE 32: To see if the Town will vote to appropriate the sum of Twenty-two Thousand Two Hundred Fifty-five Dollars ($22,255.) for the purpose of purchasing telephone equipment for the Police Department, 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: That the Town vote to transfer from Certified Free Cash $22,255 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 32.

EXPLANATION: The system currently in use was secondhand when it was installed in 1992 and is now in deplorable condition. Wiring in the building is old and causes interference with the 911 system and recording devices.

Article 33

ARTICLE 33: To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000.) for the purpose of installing exterior lighting at the Library, 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: That the Town vote to transfer $30,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 33.

EXPLANATION: Outside lighting at the main library must be improved to deal with security and vandalism problems.

Article 34

ARTICLE 34: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of purchasing a reader/printer for the Library, 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: That the Town vote to transfer from Certified Free Cash $10,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 34.

EXPLANATION: The machine in the Main Library has frequent use and is no longer operating correctly. Repairs are costly and a new machine is needed.

Article 35

ARTICLE 35: To see if the Town will vote to appropriate the sum of Seventy-five Thousand Dollars ($75,000.) for the purpose of the Coastal Drainage Program, 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: That the Town vote to transfer from Certified Free Cash $75,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 35.

EXPLANATION: The first request to fund this project appeared in the November 1997 Town Meeting and this will be an ongoing program to prevent runoff from town roads into coastal ponds.

Article 36

ARTICLE 36: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of purchasing and installing carpet for the Recreation Building, 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: That the Town vote to transfer from Certified Free Cash $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 36.

EXPLANATION: The carpeting in the building is ripped and can no longer be cleaned satisfactorily. A commercial grade carpet will be installed.

Article 37

ARTICLE 37: To see if the Town will vote to appropriate the sum of Fifty Three Thousand Dollars ($53,000.) for the purpose of constructing a skate board park, 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: That the Town vote to transfer from Certified Free Cash $53,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 37.

EXPLANATION: The small skateboard park behind the Police Station was used by one thousand young people during the summer. The Recreation Committee now sees the need for a larger skateboard park and has chosen the Trotting Park Fields as the proper site for it.

Article 38

ARTICLE 38: To see if the Town will vote to appropriate the sum of Seventy-five Thousand Dollars ($75,000.) for the purpose of School Department Facilities Maintenance/Equipment, 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: That the Town vote to transfer from Certified Free Cash $75,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 38.

EXPLANATION: The School Department will use the funds for the ongoing capital maintenance plan. This money will be used to replace a van and to complete the fire alarm upgrade and replacement of doors and locks at the high school.

Article 39

ARTICLE 39: To see if the Town will vote to consolidate all the appropriations previously approved for Article 8 through Article 38 and transfer the same to the Fiscal Year 1999 Capital Improvement Fund, or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION: That the Town vote Article 39 as printed. Said Fiscal Year 1999 Capital Improvement Fund to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: Articles 8 through 38 are the Fiscal Year 1999 portion of the Capital Improvement Plan which is an ongoing system that is submitted by the Town Administrator as required by the Charter. It appears in every Fall Annual Town Meeting for consideration. The Town Administrator works with the Department administrators to keep the program current and, also, to allow for changes that must be made. The program is vitally necessary for the upkeep of our facilities and the routine replacement of vehicles. and equipment to avoid costly breakdowns and the inefficiencies of inoperation. By consolidating these articles, the Capital Improvement Plan will continue to be administered as it has since 1992.

Article 40

ARTICLE 40: To see if the Town will vote to authorize the Board of Selectmen to grant an easement to Commonwealth Electric Company to install and maintain a primary underground electric system to Town owned property to service the Trotting Park Athletic Fields. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the town vote Article 40 as printed.

EXPLANATION: The Board of Selectmen recommends approval. This easement is needed to formalize the ComElectric wiring connection of the irrigation well system at Trotting Park.

Article 41

ARTICLE 41: To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000.) for the purpose of purchasing a copy machine for the Conservation Department, 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 Conservation Administrator.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $5,000 to be expended under the jurisdiction of the Conservation Administrator for the purposes of Article 41.

EXPLANATION: The paperwork generated in this department is extensive and numerous copies are required. The purchase of a copy machine will allow for more efficiency as it will not be necessary for employees to be out of the office.

Article 42

ARTICLE 42: To see if the Town will vote to appropriate the sum of Seven Thousand Five Hundred Dollars ($7,500.00) for the purpose of funding an Assessment Center, 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 Chief of Police.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $7,500 to be expended under the jurisdiction of the Chief of Police for the purposes of Article 42.

EXPLANATION: This funding will be used to obtain the services of an outside agency for the administration of an assessment center to be used in conjunction with the Civil Service grades for promotion to the rank of sergeant and captain. The assessment center is a process that examines the potential candidates for promotion and measures the leadership qualities and skill levels of participants by use of a job profile which will accurately define the needs of the department. It is anticipated that the department will be appointing two captains and four sergeants in the near future.

Article 43

ARTICLE 43: To see if the Town will vote to appropriate the sum of Three Thousand Dollars ($3,000.) for the purpose of professional development training for regulatory and policy making boards, 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: That the Town vote to transfer from Certified Free Cash $3,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 43.

EXPLANATION: This will bring together regulatory and policy making boards for training and will help in streamlining the Town's permitting processes.

Article 44

ARTICLE 44: 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 a raise for the contract period commencing July 1, 1998, as agreed to by the Town of Falmouth and the International Association of Firefighters, Local 1397, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: No agreement has been reached with the union.

Article 45

ARTICLE 45: 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 a raise for the contract period commencing July 1, 1998, as agreed to by the Town of Falmouth and the American Federation of State, County, and Municipal Employees, Local 1636, 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: Indefinite Postponement.

EXPLANATION: No agreement has been reached with the union.

Article 46

ARTICLE 46: To see if the Town will vote to appropriate a sum of money for the purpose of funding the settlement between the Town and the Falmouth Superior Officers Association, 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: That the Town vote to transfer from Certified Free Cash $36,200 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 46.

EXPLANATION: This completes the payment of a settlement with the Superior Officers Association.

Article 47

ARTICLE 47: To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000.) for the purpose of amending the Town's Position Classification Plan as follows:

Add: Police Captain 40 hours

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $30,000 to be expended under the jurisdiction of the Chief of Police for the purposes of Article 47.

EXPLANATION: A Management Study of the Police Department was completed in May 1998. This is the first step of implementing the recommendations of the study to add new personnel in identified areas of necessity. In the future requests for an additional sergeant and clerk will appear before Town Meeting to complete the personnel recommendations of the study.

Article 48

ARTICLE 48: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of amending the Town's Position Classification Plan as follows:

Add: Town Electrician 40 hours Gr. 10

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $20,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 48.

EXPLANATION: The request for $20,000 will fund this position for the last half of Fiscal Year 1999. The Board of Selectmen approved the creation of this new position. With the number of Town owned buildings and the tasks that are necessary to maintain operations, a fulltime electrician is needed.

Article 49

ARTICLE 49: To see if the Town will vote to amend the Town's Position Classification Plan as follows:

Add: Office Assistant 25 hours Gr. 05

RECOMMENDATION: That the Town vote Article 49 as printed.

EXPLANATION: To better fill the needs of the Personnel Department, the Town Administrator and the Personnel Director have requested that the position of fulltime Assistant Personnel Director, which already exists, be filled as a 20 hour per week position and that an Office Assistant position be created. The Assistant Personnel Director will be able to more fully focus on administering benefits for active and retired employees and the Office Assistant will be involved in processing paperwork, employment applications and other clerical duties. No funding is needed to accomplish this change.

Article 50

ARTICLE 50: To see if the Town will vote to amend the Town's Position Classification Plan as follows:

Delete: Office Assistant 37.5 hours Gr.05 Add: Administrative Clerk 30.0 hours Gr.07

RECOMMENDATION: That the Town vote Article 50 as printed.

EXPLANATION: The position in the Conservation Commission has become more technical and should be upgraded. By decreasing the hours the change can be made without the need for additional funding. The Conservation Commission has stated the work can be done in the thirty hours per week.

Article 51

ARTICLE 51: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of replacing the deteriorated culvert on Chapoquoit Road between the West Falmouth Harbor and the small pond southwest of the harbor, 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: That the Town vote to transfer from Certified Free Cash $22,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 51.

EXPLANATION: The culvert must be replaced in order to facilitate the flushing between the harbor and the small pond. The D.P.W. Director estimates the sum of $22,000 is needed to complete the project.

Article 52

ARTICLE 52: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for Veteran's Ordinary Benefits (01543-57770), 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 Veteran's Agent.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $20,000 to be expended under the jurisdiction of the Veteran's Agent for the purposes of Article 52.

EXPLANATION: There has been a substantial increase in the requests for assistance by veterans and additional funding is needed in the budget.

Article 53

ARTICLE 53: To see if the Town will vote to allocate $13,427. for the purpose of analysis, financial planning or other consultation services and costs related thereto to monitor enrollment changes, population projections and address long term planning for Falmouth's school facilities. Funds will be transferred as follows: $12,296. from line 0130058967 and $1,131. from line 0130058005; to be expended under the jurisdiction of the School Building Needs Committee; or do or take any other action in this matter. On request of the School Building Needs Committee.

RECOMMENDATION: That the Town vote to transfer $12,296 from line 01300-58967 (Art. 29 11/94 Site Study) and $1,131 from line 01300-58005 (Art. 96 11/97 Mullen Hall)) to be expended under the jurisdiction of the School Committee for the purposes of Article 53.

EXPLANATION: One the most significant issues in long-range facilities planning for the schools is forecasting as accurately as possible student population. This funding will be used to hire a company with a strong reputation for the sophisticated analysis of population trends. The information gathered should provide assistance to the School Building Needs Committee, the School Department and the Planning Department. The transfers are from completed projects funded by Town Meeting articles.

Article 54

ARTICLE 54: To see if the Town will vote to appropriate a sum of money for the purpose of funding out of district special education tuitions, 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 School Committee.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $150,000 to be expended under the jurisdiction of the School Committee for the purposes of Article 54.

EXPLANATION: When budgets are developed it is impossible to project the funding needed for out of district special education tuitions. This has resulted in a shortfall in the FY '99 budget. The school will absorb a portion of the deficit and the balance will be funded by this article.

Article 55

ARTICLE 55: To see if the Town will vote to appropriate the sum of Twenty Five Thousand Dollars ($25,000.) for the Data Processing Department Professional/Technical Contractual Services 01155/52313, 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: That the Town vote to transfer from Certified Free Cash $25,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 55.

EXPLANATION: The equipment and systems supported by the Data Processing Department have grown in size and complexity over the past ten years without the addition of any personnel. Extra support is needed for the current workload and with the equipment and projects that have already been funded but are not yet implemented. The funding will be used to outsource as much of this work as the Data Processing Director deems advisable in an attempt to correct the situation.

Article 56

ARTICLE 56: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of designing traffic pre-emption control at seven signalized intersections in the Town for use by fire, police and other emergency vehicles, 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: That the Town vote to transfer from Certified Free Cash $20,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 56.

EXPLANATION: Traffic pre-emption controls can be activated from as far away as a mile so that intersections can be cleared before emergency and rescue vehicles approach them. This will fund the design process for the installation of controls on all Town traffic lights. These controls are already in operation at the traffic light at Jones Road and Palmer Avenue. The Transportation Equity Act of the Twenty-first Century will provide funding for the costs of installing the controls. Control will be placed at the full signalization intersections in Town; Jones Road at Gifford Street, Brick Kiln Road at Gifford Street, Brick Kiln Road at Sandwich Road, Sandwich Road at Route 151, Route 28 at Maravista Avenue Extension, Route 28 at Davisville Road, Woods Hole Road at Oyster Pond Road.

Article 57

ARTICLE 57: To see if the Town will vote to authorize the Selectmen to acquire the following parcels from the Falmouth Economic Development and Industrial Corporation: Lots 65 and 66 including the fee in Langdon G. Burwell Drive from station 17+33.24 to station 23+67.39 on a plan titled "Land to be Acquired for Drainage and Municipal Solid Waste Facility", dated September 1998 on file at the Town Engineers office. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the town vote Article 57 as printed.

EXPLANATION: The Board of Selectmen recommends approval. This acquisition is necessary to complete work, including drainage easements, for the waste management facilities at the landfill.

Article 58

ARTICLE 58: To see if the Town will vote to approve the Cape Light Compact Energy Efficiency Plan and the Compact's submission of the Energy Efficiency Plan, a copy of which is on file with the Town Clerk, on the Town's behalf to the Department of Telecommunications and Energy, and to authorize the Selectmen to approve such amendments or revisions to said Energy Plan as they may deem necessary or advisable, or the Town to take any other action relative thereto. On request of the Board of Selectmen.

RECOMMENDATION: That the town vote Article 58 as printed.

EXPLANATION: The Board of Selectmen recommends approval. This energy efficiency plan will provide cost savings to the town, businesses and residences for electricity under the Cape Light Compact program. This plan recognizes that the more we contribute through our electric rates the more we will be able to design programs to meet our specific needs. This program also saves us the expense of utilities profit margin.

Article 59

ARTICLE 59: To see if the Town will vote to appropriate the sum of Forty-six Thousand Dollars ($46,000.) for the purpose of obtaining schematic drawings, preliminary environmental review, test borings and other professional services for the Main Street Fire Headquarters building renovation and addition project, 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 Facilities Advisory Committee.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: This article is specific to the renovation and addition to present Fire Headquarters. The Facilities Advisory Committee has preliminary sketches that show a building that might be constructed on the land now owned by the Town. However, the purchase of abutting land will be a necessity to complete the project. The Finance Committee could not recommend this article to continue the project without knowing approximate costs of land acquisition. Also of concern to the committee are the transition costs estimated to be in excess of $500,000 which must be included in order to keep the department operational during the construction. It must be noted that the Finance Committee is well aware of the need to provide a new headquarters station for the department but can not support this plan until the aforementioned issues are resolved.

Article 60

ARTICLE 60: To see if the Town will vote to rescind its approval of Article 25 of the 1996 Annual Spring Town Meeting that authorized the Treasurer with the approval of the Board of Selectmen, to borrow the sum of Five Hundred Thousand Dollars ($500,000) for the purpose of installing water mains on Boxberry Hill Road and Hatchville Road. Or do or take any other action in this matter. On request of the Treasurer.

RECOMMENDATION: That the Town voted Article 60 as printed.

EXPLANATION: Article 25 approved funding for the installation of a water main in Boxberry Hill Road. The government has agreed to pay for the installation and the Town Treasurer requests the vote be rescinded.

Article 61

ARTICLE 61: To see if the Town will vote to appropriate the sum of Nine Hundred Eighteen Thousand, Three Hundred Thirty-Two Dollars ($918,332.) under Chapter 11, Acts of 1997 as the State's share of the work under Chapter 90, Section 34 (2a) of the Massachusetts General Laws and to authorize the Board of Selectmen to execute with the State such contracts as may be necessary for said purpose, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the Town vote Article 61 as printed to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The appropriation of funds will provide for 100% reimbursement for work done on Town accepted roads.

Article 62

ARTICLE 62: To see if the Town will vote to adopt the following by-law to be incorporated into the Code of Falmouth and be appropriately numbered by the Town Clerk: Use of Skateboards

Section ____________. Use prohibited in certain areas.

No person shall utilize a skateboard or similar equipment or engage in any other game using them on the streets, sidewalks or public areas designated below:

A.	Main Street from Davis Straits to Locust Street.
B.	Town Hall Square.
C.	Hamlin Avenue from Main Street to Katherine Lee Bates Road.
D.	Margaret Noonan Park and the parking lot adjacent thereto.
E.	Gus Canty Recreation Center, its parking lots, sidewalks and grounds.

Or do or take any other action in this matter. At the request of the Board of Selectmen.

RECOMMENDATION: That the Town vote to amend Chapter 199 - Streets and Sidewalks - of the Code of the Town of Falmouth by inserting the following:

§199-7. Use of wheeled devices for transportation

No person shall operate or ride any wheeled device for human transportation, including but not limited to, roller skates, skate boards or in-line skates, but not including devices intended to transport infants, the handicapped or infirm such as wheelchairs or strollers in or on any of the following:

Any public building, including stairs, walkways, sidewalks or grounds of a public building.
Any town property, public way or part thereof, including the sidewalk if posted per order of the Board of Selectmen prohibiting such use.

When the use of any such device is not otherwise prohibited:

No person shall operate or ride any such device on a public street, way or parking lot which is open to motor vehicle traffic so as to endanger or interfere with motor vehicle traffic on any such street, way or parking lot.

Operators or riders of any such device shall yield the right-of-way to other pedestrians using public sidewalks, streets or ways and shall not other wise endanger or interfere with pedestrian traffic on a public sidewalk, street or way.

C. Any person who violates this bylaw shall be fined twenty-five (25) dollars for the first offense, fifty (50) dollars for the second offense and one hundred (100) dollars for every subsequent violation.

Article 63

ARTICLE 63: To see if the Town will vote to appropriate the sum of Six Thousand Dollars ($6,000.) for the purpose of replacing the blower assembly inside the cooling tower of the Falmouth Main Library's HVAC system, 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: That the Town vote to transfer from Certified Free Cash $6,000 to be expended under the jurisdiction of the Board of Library Trustees for the purposes of Article 63.

EXPLANATION: The airconditioning system is twenty years old and the blower assembly must be repaired at this time.

Article 64

ARTICLE 64: To see if the Town will vote to amend Chapter 184, the town sign code by-law as follows:

Section 184-16. Removal of signs
ADD: "(D) Political signs placed on public property will be removed by the Building Department upon discovery, and placed within town hall for retrieval."

Section 184-18. Measurement of sign area.
ADD: "(C) Such signs shall be no greater than 3 feet in height."

Section 184-25. Freestanding signs.
ADD: " (A.4) Residential development signs under 'All Other Districts' shall be no larger than 12 square feet for developments of 10 lots or more."

Section 184-30. Movable, portable or mobile signs.
AMEND: (D.2) delete the words "near the main entrance" and replace with "within 15 feet of the main building entrance."

RECOMMENDATION: The Board of Selectmen recommends approval, but proposes that the addition to Section 184-16 Removal of Signs "(D) Political signs placed on public property will be removed by the Building Department upon discovery, and placed within Town Hall for retrieval." be deleted from the amendment.

EXPLANATION: The Board of Selectmen supports the refinements to the sign bylaw on free standing and mobile signs. However, the control of political signs should not be instituted for such an infrequent occurrence, and should not be a task for the Building Department.

Article 65

ARTICLE 65: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE or TAKE BY EMINENT DOMAIN for municipal purposes, the land in Falmouth, Barnstable County, Massachusetts described as follows:

Land owned now or formerly by Katherine G. McKinley, consisting of 1.16 acres, more or less, located off William Road, North Falmouth, shown on Falmouth Assessors Map 05, Section 02, Parcel 020, Lot 000, and described in a deed recorded at the Barnstable Registry of Deeds in Book 10474, Page 269, dated November 7, 1996;

RECOMMENDATION: That the town vote Article 65 as printed.

EXPLANATION: The Board of Selectmen recommends approval of the purchase of this parcel under a Purchase and Sale Agreement for $100,000 which has already been appropriated. Acquiring this land will complete all the actions needed by the town to begin the design and permitting of the New Silver Beach sewer project. This location is planned for the treatment facility, with the leaching bed area remaining at the North Falmouth School. Opportunity for public comment will be further available during this permitting activity.

Article 66

ARTICLE 66: To see if the Town will vote to authorize the Board of Selectmen to PURCHASE or TAKE BY EMINENT DOMAIN for municipal purposes, the land in Falmouth, Barnstable County, Massachusetts described as follows:

Land owned now or formerly by John D. & Elizabeth McGowan, consisting 2.75 acres, more or less, located on North Falmouth Highway, North Falmouth, shown on Falmouth Assessors Map 12, Section 07, Parcel 005B, Lot 000, and described in a deed recorded at the Barnstable Registry of Deeds in Book 1318, Page 742, dated 1965;

RECOMMENDATION: That the town vote to approve the purchase of this parcel as described.

EXPLANATION: The Board of Selectmen recommends approval. This acquisition will only be made if grant funding under the Barnstable County Pathways program is approved, and will provide a highly visible public access point to the bikepath extension to North Falmouth. This location, despite some wetland area on the westerly side, can serve as a small drop off location for bike access. It is located south of the active spur rail line.

Article 67

ARTICLE 67: To see if the Town will vote to accept the provisions of Section 135 of Chapter 697 of the Acts of 1987, the provisions of the first paragraph of Option (C) of Subdivision (2) of Section 12 of Chapter 32 of the general laws shall apply to benefits received pursuant to applications for such benefits, allowances of this section shall be prospective from the effective date, July 1, 1998, and shall not entitle any member to any retroactive benefits. Or do or take any other action in this matter. On request of the Falmouth Retirement Board.

RECOMMENDATION: That the Town vote Article 67 as printed.

EXPLANATION: On July 1, 1998 a change provided for an increase in the pension of Town employees in the case of the death of a spouse. State employees and teachers already have this benefit.

Article 68

ARTICLE 68: To see if the Town will consider the following:

WHEREAS the Cape Cod Conservatory has brought an action against Historic Highfield Inc;

WHEREAS this action is predicated on the belief that the use of Highfield Hall for weddings and special events would cause the Conservatory to be in default under the deed;

WHEREAS Historic Highfield contests the Conservatory's position;

WHEREAS the Town of Falmouth has an interest in the outcome of this litigation;

WHEREAS the Town would like to see this dispute resolved without undue use of judicial resources;

THEREFORE we ask Town Meeting to vote the following resolution:

The Town of Falmouth has no objections to the rental of Highfield Hall for weddings and receptions as a means of exposing the public to this historic property and generating an effective revenue stream for the preservation and maintenance of Highfield Hall. Moreover, the Board of Selectmen is hereby authorized to enter into an agreement that will not bring an action to enforce any right it may have under the deed on the basis that the use of Highfield Hall for weddings and special events constitutes a default thereunder. Or do or take any other action in his matter. On request of the Board of Selectmen.

RECOMMENDATION: That the town vote Article 68 as printed.

EXPLANATION: The Board of Selectmen recommends approval. This approval will indicate the town's willingness to allow Highfield Hall to be self sustaining in preservation of the historic structure.

Article 69

ARTICLE 69: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of hiring an engineering firm for the following services:

1. Design appropriate repairs to the jetties protecting the entrance to Trunk River.
2. Develop a dredging plan for the channel connecting Vineyard Sound to the pond system
3. Obtain the necessary permits to perform jetty repairs and dredging work.
4. Prepare construction plans and specifications.
5. Provide a cost estimate for the construction work.

Or do or take any other action in this matter. this is on the request of the Oyster Pond Environmental Trust, Inc. and others.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 69.

EXPLANATION: The November 1997 Town Meeting appropriated $35,000 for the construction of a weir at Oyster Pond. The weir is not functioning because of the backup at Trunk River. This will fund the preliminary work to make the environmental correction at Trunk River. An article to fund the construction will appear in a future Town Meeting.

Article 70

ARTICLE 70: To see if the Town will vote to appropriate the sum estimated at $450,000. to build a large stone sea wall along westerly shore high water shore line of Great Bay Street, from Harrington Street northerly, to Chestnut Street, a distance close to one thousand feet (1,000') and a minimum height of eight feet (8') Or do or take any other action in this matter. On request of Roger B. Lyons and others.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: This is an expensive project and would require many permits and hearings to accomplish. Great Bay Street is not an accepted town road. All side roads have access to Maravista Avenue without entrance to Great Bay St.

Article 71

ARTICLE 71: To see if the Town will vote to appropriate the sum of Twelve Thousand Dollars ($12,000.) to be administered by the Board of Selectmen, for the purpose of continuing part-time student Apprentice/Intern positions within town government departments, and to determine how a sum shall be raised. Or do or take any other action in this matter. On request of Wendy Baumann and others.

RECOMMENDATION: That the Town vote to transfer from Certified Free Cash $12,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 71.

EXPLANATION: This program was originally approved by the November 1996 Town Meeting. Departments that have been provided with interns have found them to be most helpful and recommend this program be continued.

Article 72

ARTICLE 72: To see if the Town will vote to create a new section to the bylaws. To create a new section of the Town's bylaws #135

Article 1 Aerial spraying prohibition

There will be no aerial spraying of chemicals for agricultural purposes within 2,000 feet of a residence within the Town of Falmouth.

Also amend the Code of the Town of Falmouth, Part 1, Administrative Legislation, Ch. 1 General Provisions, Art. 1 Penalties, Section 1-2 non-criminal dispositions, para C, by adding a listing:

"Ch. 135 Aerial Spraying Prohibition - Police - $500.00

Or do or take any other action in this matter. On request of Richard Maclone and others.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: The Board of Selectmen recommends disapproval. While the petition shows concern for the environment, legal flaws in restricting licensed products makes this action improper.

Article 73

ARTICLE 73: To see if the Town will vote to rescind the Town Meeting vote adopted under Article 19 of the Annual Town Meeting held in April 1997, or do or take any other action in this matter. This article deals with the New Silver Beach Sewer Service Area. On request of Pamela S. Kelley and other opponents.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: The Board of Selectmen recommends disapproval. This article would prohibit the town from proceeding with the New Silver Beach sewer project, by rescinding the action of town meeting which established the sewer district.

Article 74

ARTICLE 74: To ask Town Meeting to vote not to accept additional hook-ups to the Town sewer system connected to the Waste Water Treatment Plant in West Falmouth until a tertiary treatment system for the plant has been designed and implemented. Or do or take any other action in this matter. On request of Stephen Fassett and others.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: The Board of Selectmen recommends disapproval. This action would prohibit further hook ups to the sanitary sewer system, despite the fact that state law requires the town to allow connections if a common sewer passes a property. Town meeting has allowed the Board of Selectmen to grant minor extensions, and only town meeting can grant greater volumes to the wastewater treatment plant. The Board of Selectmen believes that proper permitting and capacity of the plant establish appropriate limits. The study being undertaken of the future needs of the wastewater treatment plant will best serve the town decision making.

Article 75

ARTICLE 75: To see if the Town would institute an ordinance requiring persons with open bed trucks which carry trash - loose or in barrels - building contractors hauling scrap materials, to be tied down and covered by a tarpaulin or heavy plastic sheet. The obvious purpose being to keep our town roads and streets free of debris and rubbish. (This would amount to no less than being responsible citizens.) Or do or take any other action in this matter. On request of Teresa B. Albert and others.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: The Board of Selectmen recommends disapproval. Solid waste regulations require that all trucks to the landfill be covered. Also, Chapter 85, Section 36 of Mass. General Laws prohibits vehicles from dropping load on the travelled way, every vehicle must be "fully and adequately covered."

Article 76

ARTICLE 76: 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 in this matter. On request of the Finance Committee and the Board of Selectmen.

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

Prepared Oct. 22 by C. Bacon for FCTV