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WARRANT FOR THE ANNUAL NOVEMBER TOWN MEETING
WITH RECOMMENDATIONS AND EXPLANATIONS
MONDAY, APRIL 7, 2008 AT 7:00 PM
For action on articles in the Warrant
COMMONWEALTH OF MASSACHUSETTS
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.
ARTICLE 2: To hear reports of Committees and Town Officers and act thereon.
RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.
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.
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 or programs that are 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.
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.
ARTICLE 6: To see if the Town will vote to fix the salaries of the Elected Officials. 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:
Moderator………………………………..…$1,500
Town Clerk………………………………. $66,541
Chairman of Selectmen…………………..$3,500
EXPLANATION: According to the requirements of the Town Charter, the Finance Committee reviewed the salaries of the elected officials and recommended to keep the part time elected officials at the existing levels. The Town Clerk’s position is increased to keep the pay scale equivalent to that of like Administrative, Management and Technical positions (Gr. M-5 $24.76-$32.29/hr.). The funding for the Clerk’s position is included in the budget.
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.
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.
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 $350,000 for Fiscal Year 2009, a sharp reduction from $550,000- $600,000 for Fiscal Year 2008.
ARTICLE 9: To see if the Town will vote to amend the Zoning Bylaw by adding the following language to Sections 240-23 G. (4), 240-28 H. (4), 240-33 G. (4); and 240-38 G. (4):
“ For the purpose of this section, the term “parking” shall not include standing or temporary stopping for no more than two (2) hours or live parking.”
Or do or take any other action on this matter. On request of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board): That the town votes to amend Sections 240-23 G. (4), 240-28 H. (4), 240-33 G. (4); and 240-38 G. (4) of the Zoning Bylaw by adding the following:
“ For the purposes of this section, the temporary parking of school buses for two hours or less per day shall not require the issuance of a special permit.” So as to read:
“ The outside parking of more than one commercial light panel, delivery or pickup truck; or any school bus; or any tow truck. For the purposes of this section, temporary parking of school buses for two hours or less per day shall not require the issuance of a special permit.”
EXPLANATION: This is to allow school bus drivers to be able to stop at home between routes without requiring a special permit.
ARTICLE 10: To see if the Town will vote to amend the Zoning Bylaw by adding the following language to Section 240-13., Definition of Home Occupation:
“ For the purpose of this section, the term “resident” shall mean a full time occupant, for at least nine (9) continuous months of the residence from which the occupation is operated and during the period in which the occupation is operated.” On request of the Board of Appeals.
Or do or take any other action on this matter. On request of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board): That the town vote to amend §240-13 of the Zoning Bylaw by inserting the following after the first sentence in the definition of Home Occupation:
“ For the purposes of this definition, the home occupation must be owned and operated by the resident of the premises ”. So as to read in its pertinent part:
“ Home Occupations – Use of a dwelling unit, or an accessory building, that is clearly incidental and subordinate to its use for residential purposes, by its family residents for employment involving the manufacture, provision or sale of goods and/or services. For the purposes of this definition, the home occupation must be owned and operated by the resident of the premises.”
EXPLANATION: This amendment prevents home occupations from being operated out of a residence by employees only.
ARTICLE 11: To see if the Town will vote to amend the Zoning Bylaw by adding the following language to Section 240-13., Definition of Home-Based Service Businesses:
“ For the purpose of this section, the term “resident” shall mean a full time occupant for at least nine (9) continuous months of the residence from which the business is operated and during the period in which the business is operated.”
Or do or take any other action on this matter. On request of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: A home-based service business is controlled by a special permit, unlike a home occupation which is by right. . A special permit can be conditioned by the Board of Appeals as to who operates the business, when, etc. Therefore this amendment is un-necessary.
ARTICLE 12: To see if the Town will vote to amend the Zoning Bylaw to amend Section 240-66 C. (4) by adding to line 1 as follows:
“ Any vacant lot held in common ownership “that does not have any use or activity on said lot that may be serving a separate lot” w ith such adjoining lots as of 1 January 1981 may be treated as not held in common ownership if, as of 1 January 1981, a dwelling was in existence on all the other commonly held, contiguous lots, or if subsequent to 1 January 1981 the lot was no longer held in common ownership and a dwelling was permitted by special permit on each of such adjoining lots.”
Or do or take any other action on this matter. On request of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: Thoughtful comments at the public hearing concerning the ambiguity of the word “activity” convinced the Planning Board to recommend postponement of the Article at this time.
ARTICLE 13: To see if the Town will vote to amend the Zoning Bylaw by adding the following language to Section 240-13., definition of Accessory Building to read as follows:
“ Accessory Building – A building such as a garage or shed or a structure 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 Zoning Board of Appeals.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: The Planning Board believes an exception for this definition change is needed for Historic Districts, which would exceed the scope of this Article. In addition, it would be wiser to amend another section of the Zoning Bylaw (§240-68.A (8) instead of this section to define what an accessory building is.
ARTICLE 14: To see if the Town will vote to amend the Zoning Bylaw in Section 240-13, definition of Structure by deleting the word “tennis” with “sports” in line 2 so as to read:
“ Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something located in the ground, including sports courts and swimming pools…”
Or do or take any other action on this matter. On request of the Zoning Board of Appeals.
RECOMMENDATION (Planning Board): That the town vote to amend §240-13 of the Zoning Bylaw by inserting the words “ but not limited to” and the words “ or similar sports” into the definition of Structure, so as to reading its pertinent part:
“ Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something located on the ground, including but not limited to tennis or similar sports courts and swimming pools…”
EXPLANATION: This clarifies that the bylaw applies to other structure other that tennis courts.
ARTICLE 15: To see if the Town will vote to amend the Official Zoning Map to rezone a portion of the property located at 11 Beagle Lane, Teaticket, zoned Agricultural B to Business 2 (B-2) shown on Assessors Map: Map 39, Section 24, Parcel 006, Lot 000F.
Or do or take any other action on this matter. On petition of Frank Alfano.
RECOMMENDATION (Planning Board): The Planning Board will make its recommendation on Town Meeting floor.
EXPLANATION: The Planning Board was still deliberating this proposal at the time the warrant went to the printer.
ARTICLE 16: ARTICLE PROPOSAL
REZONING OF #762 EAST FALMOUTH HIGHWAY
FALMOUTH ASSESSORS 32-01-010-000
MARY ANN McMENAMY, OWNER/APPLICANT
The applicant requests to put forth an article for Town Meeting to see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth so as to extend the existing Business 3 zone by rezoning from Residential C to Business 3, that portion of the land shown on Falmouth Assessors Map 32-01-010-000, #762 East Falmouth Highway, described as follows:
Beginning on the westerly lot line of Parcel 10, at a point where said lot line intersects the boundary of the Business 3 and Residential C zones;
Thence N 86-17’ –40’’ E 82.48’ along the existing Zoning Boundary to the point where it intersects the easterly lot line of Parcel 10;
Thence N 12-22’ –44’’ E 150.75’ by land shown on the Falmouth Assessors Map 32-01-008-000;
Thence N 76-55’ –00’’ W 100.00’ by land shown on Falmouth Assessors Map 32-01-007-003;
The land requested to be rezoned is shown on a plan entitled “PLAN OF REZONING, PAR. 10, #762 EAST FALMOUTH HIGHWAY, EAST FALMOUTH, MA.” Scale 1’’ = 30’, Date 01/10/08, prepared by Norman Grossman, PLS, P.O. Box 97, East Falmouth, MA.
On petition of Mary Ann C. McMenamy.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: It has been the past practice of the Planning Board not to recommend increases in zoning along Route 28, a state highway, where travel speeds are too fast and curb cuts too many to accommodate increased activity. This policy is in keeping with the goals of the Local Comprehensive Plan voted by town meeting.
ARTICLE 17: To see if the Town will vote to amend the Zoning Bylaws, Section 240-192 and 240-109.H.(4), so as to make Site Plan Review applicable to any drive-thru establishment, by amending 240-192 to read:
240-192. Applicability.
Any new development or expansion in use, other than one single family or one two-family residence on a lot which would add 1,000 square feet or more of gross floor area or which would, under the parking schedule Table of Minimum requirements of Section 240-108, require a total of five or more parking spaces based on both existing and new development; or any change of use which would, under the parking schedule Table of Minimum Requirements of Section 240-108, require five or more parking spaces based only on new development; or any drive-thru establishment; shall be permitted only upon the approval of the Planning Board for site plan review.
and, so as to require curb cuts serving a fast-food restaurant to be located 300 feet from any other curb cut serving another drive-thru establishment, but not require such separation for curb cuts that do not serve a fast-food restaurant, by amending Section 240-109.H.(4) to read:
(4) Curb cuts. All curb cuts serving a fast-food restaurant (Restaurant, Fast Food, as defined in Section 240-13) shall have a minimum center line offset distance of 300 feet from any other curb cut serving a drive-thru establishment. All curb cuts must conform to Massachusetts Highway Department regulations, the latest edition concerning geometry and traffic circulation.
On petition of Paul Hartel and Others.
RECOMMENDATION (Planning Board): That the Town vote Article 17 as printed in the warrant.
EXPLANATION: This clarifies the bylaw’s intent, which was to require a heightened review of curb cuts serving fast food - drive thru restaurants.
ARTICLE 18: To see if the Town will vote to amend the Zoning By-law, by inserting at the beginning of Section 240-3.D. the following sentence:
A noncomplying use of property for parking, open to view from a public way and accessory to a conforming or legally nonconforming commercial use on property within 300 feet of such parking, shall be deemed a legal preexisting nonconforming use after fifty (50) years of continuous uninterrupted use.
On petition of Mary Beth Grozier and others.
RECOMMENDATION (Planning Board): Indefinite Postponement.
EXPLANATION: The Planning Board intends to review this problem and will offer a solution at the Fall Town Meeting that would be available to other uses in Marine zoning districts. As envisioned this solution would be to allow for a special permit process to allow off-site parking for marinas, etc.
ARTICLE 19: To see if the Town will vote to amend Article XXV – Planned Residential Development – of the Zoning Bylaw by deleting section 240-127.E and insert in its place the following:
“ Lot coverage by structures up to 40 percent is allowed in Planned Residential Developments having at least fifty (50) percent open space.”
Or do or take any other action on this matter. On request of the Planning Board .
RECOMMENDATION (Planning Board): That the Town vote Article 19 as printed in the warrant.
EXPLANATION: In a cluster subdivision lot sizes are reduced in order to provide open space. This reduction in lot size requires a greater percentage of lot coverage.
ARTICLE 20: To see if the Town will vote to amend Article III – Definitions – of the Zoning Bylaw by deleting the last sentence in the definition of “Front Yard” and insert in its place the following:
Or do or take any other action on this matter. On request of the Planning Board .
RECOMMENDATION (Planning Board): That the Town vote Article 20 as printed in the warrant.
EXPLANATION: This change will allow the Building Commission the discretion to determine when to apply front yard setback requirements on corner lots or when a lot abuts a “paper street.”
ARTICLE 21: To see if the Town will vote to amend Article XXII –Parking Requirements – of the Zoning Bylaw by deleting sections 240-108.1.B (1) through (4) in its entirety and insert in its place the following:
“ Parking spaces for the physically handicapped shall be provided according to the standards required by the Commonwealth of Massachusetts Architectural Barrier Board or Americans with Disability Act, as may be applicable.”
Or do or take any other action on this matter. On request of the Planning Board .
RECOMMENDATION (Planning Board): That the town vote to amend Article XXII –Parking Requirements – of the Zoning Bylaw by deleting sections 240-108.1.B (1) through (4) in its entirety and insert in its place the following:
EXPLANATION: The state regulates handicapped parking requirements and the local zoning bylaw, adopted back in 1992 is out of date. This change allows the town to adopt the state standards.
ARTICLE 22: To see if the Town will vote to amend the Town’s Position Classification Plan as follows:
Delete: (1) Mini-van Driver Gr. 06 ($14.76 - 18.68/hr.)
Add: (2) Mini-van Drivers Gr. 06 ($14.76 - 18.68/hr.)
Or do or take any other action in the matter. On request of the Senior Center Director and the Town Manager.
ARTICLE 23: To see if the Town will vote to amend the Town’s Position Classification Plan as follows:
Add: (1) Associate Town Counsel Gr. M-10 ($33.88 - 44.22/hr.)
Or do or take any other action in the matter. On request of Town Counsel and the Town Manager.
ARTICLE 24: To see if the Town will vote to appropriate a sum of money for the purpose of implementing the Department of Public Works reorganization by amending the Town’s Position Classification Plan as follows:
Delete: (2) Utilities Laborer/Meter Reader Gr. 05 ($14.41 - 18.43/hr.)
Add: (1) Utilities Laborer/Meter Reader Gr. 05 ($14.41 - 18.43/hr.)
Add: (1) Utilities Meter Reader Technician Gr. 06 ($15.42 - 19.69/hr.)
Delete: (3) Public Works Crew Leader Gr. 07 ($16.50 - 21.07/hr.)
Add: (3) Crew Leader-Parks Gr. 08 ($17.66 - 22.53/hr.)
Delete: (1) MEO II/Asst. Mechanic-Highway Gr. 08 ($17.66 - 22.53/hr.)
Delete: (2) Master Mechanic/Welder-Highway Gr. 09 ($18.89 - 24.08/hr.)
Add: (3) Master Mechanic/Welder-Highway Gr. 09 ($18.89 - 24.08/hr.)
Delete: (2) Working Foreman-Highway Gr. 09 ($18.89 - 24.08/hr.)
Add: (2) Field Supervisor-Highway Gr. 10 ($20.21 - 25.77/hr.)
Delete: (1) Working Foreman-Parks,
Fields and School Grounds Gr. 09 ($18.89 - 23.08/hr.)
Add: (1) Field Supervisor-Parks Gr. 10 ($20.21 - 25.77/hr.)
Delete: (1) Asst. Superintendent-Highway Gr. 12 ($23.14 - 29.47/hr.)
Add: (1) Asst. Superintendent-Highway Gr. 14 ($26.50 - 33.74/hr.)
Delete: (1) Asst Superintendent-Parks Gr. 12 ($23.14 - 29.47/hr.)
Add: (1) Asst Superintendent-Parks Gr. 14 ($26.50 - 33.74/hr.)
Delete: (2) Principal Office Assistant Gr. 08 ($16.90 - 21.39/hr.)
Delete: (4) Administrative Assistant Gr. 09 ($18.09 - 22.88/hr.)
Add: (6) Administrative Assistant Gr. 09 ($18.09 - 22.88/hr.)
Delete: (1) Facilities Maintenance Mgr. Gr. M-8 ($27.54 - 35.93/hr.)
Add: (1) Facilities Manager Gr. M-9 ($30.29 - 39.53/hr.)
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 Director of Public Works and the Town Manager.
ARTICLE 25:
To see if the Town will vote to appropriate such sums of money
as may be deemed necessary to defray the Town's expenses for the ensuing year,
to determine how the same shall be raised and by whom expended. Or do or take
any other action on this matter. On request of the Board of Selectmen.
DThe Fiscal Year 2009 DBudget will be found in the center section of the
Warant Booklet.
The Fiscal Year 2009 Budget will be found in the center section of the Warrant Booklet.
ARTICLE 26: To see if the Town will vote to appropriate a sum of money to fund a multi year capital improvement plan for the Department of Public Works, and to determine how the same shall be raised including authority to borrow and issue notes and bonds of the Town therefore and a provision to exempt the amounts required to pay for the notes and bonds from the provisions of Proposition 2 ½, so called, and to determine by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.
Road Maintenance $ 350,000
Sidewalk Maintenance & Construction 100,000
Bikeway Maintenance & Construction 50,000
Bridge Maintenance 100,000
Vehicles & Equipment 350,000
Waste Management Facilities Improvements 200,000
TOTAL $1,100,000
Provided however, that no money shall be expended unless the Town shall have voted to exclude by Capital Exclusion this appropriation from the provisions of Proposition 2 ½, so called, in the May 2008 Annual election, said sum to be expended under the jurisdiction of the Board of Selectmen.
ARTICLE 27: To see if the Town will vote to appropriate a sum of money to fund a multi year capital improvement plan for the Falmouth Fire Rescue Department, and to determine how the same shall be raised including authority to borrow and issue notes and bonds of the Town therefore with a provision to exempt the amounts required to pay for the notes and bonds from the provisions of Proposition 2 ½, so called, and to determine by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.
Two Class A Fire Engines $1,000,000
Brush Breaker 410,000
Monitor Defibrillator Replacement 125,000
Electronic Ambulance Reporting System 65,000
Ambulance 250,000
TOTAL $1,850,000
ARTICLE 28: To see if the Town will vote to appropriate a sum of money to implement the Department of Public Works reorganization project and to determine how the same shall be raised including a provision to assess an additional sum of money in real estate and personal property taxes for the purposes of funding this article for the fiscal year beginning July 1, 2008, and to determine by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.
ARTICLE 29: To see if the Town will vote to appropriate a sum of money for the purpose of completing the remodeling and addition to Falmouth High School, originally approved and authorized by Article 23 of the April, 2002 Annual Town Meeting, 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 Falmouth High School Building Committee.
RECOMMENDATION (Finance Committee): That the Town vote to appropriate the sum of $18,800,000 for the purpose of completing the remodeling and addition to Falmouth High School, including costs incidental and related thereto, and to meet this appropriation, the Town Treasurer with the approval of the Board of Selectmen, is authorized to borrow said sum under the provisions of G.L. ch. 44, sec. 7(3A) or any other enabling authority and to issue bonds and notes of the town therefore, to be expended under the jurisdiction of the Falmouth High School Building Committee.
The Building Committee must let Town Meeting know what the financial and educational consequences are of not finishing the project.
The Finance Committee felt strongly that our children should not be held hostage to our anger over the problems with this construction project.
The Building Committee, Gilbane our Project Manager, and others must be much better watchdogs over the remainder of the project than they have up to this point. We and the community need to know who will be in charge of the oversight going forward, and we need a strong commitment and assurances that the ongoing monitoring of this project will be changed to ensure a better outcome when it’s finished.
We need to hear of potential problems much sooner.
There have been too many change orders. A thorough review by the Architect, Project Manager, General Contractor and the Building Committee now may help reduce the number of changes in this next phase.
We need to have milestones established now and detailed progress reports as well as ongoing financial information on this project through its completion.
Stick to the construction plans – no “add-ons”.
Finish this project on time or early and bring it in within the “new” budget or preferably at a lower cost.
Explain what happens if it takes less than the $18.8 million to complete the high school, i.e. the taxpayers will pay less in taxes than originally projected. Any leftover balance will not be spent nor used for other purposes.
The Finance Committee was in complete agreement that they were frustrated with the results of the project to date and the necessity of having to go back to the Townspeople for more money. However, the Finance Committee emphasized that the education of our children must be the primary consideration. Additionally, the Finance Committee expressed concern that Falmouth’s reputation as a leisure destination and scientific community and our ability to attract teachers and young families may be at risk, and other potential economic damage may result if we do not demonstrate that Falmouth values and takes care of the needs of our community.
ARTICLE 30: To see if the Town will vote to appropriate a sum of money for the design of odor control facilities at the Service Road vent and Shivericks Pond lift station of the wastewater system, 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.
ARTICLE 31: To see if the Town will vote to appropriate a sum of money for the engineering, permitting, minor construction and dredging of various projects, 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 $100,000 from the Reserve/Waterways Appropriation Fund for the purposes of Article 31 to be expended under the jurisdiction of the Waterways Committee.
EXPLANATION : This article will fund the engineering, permitting, minor construction and dredging of various projects approved by the Waterways Committee as outlined on their priority project list.
ARTICLE 32: 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 environmentally safe irrigation equipment for selected town owned cranberry bogs, under the Community Preservation Act 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): Indefinite postponement.
EXPLANATION: The proposal to purchase and install irrigation equipment on the town-owned cranberry bogs was withdrawn.
FINANCE COMMITTEE: The Finance Committee has reviewed Articles 32 through 44 and concurs with the recommendations of the Community Preservation Committee.
ARTICLE 33: 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 for the Sandwich Road Athletic Fields, under the Community Preservation Act 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 $3,500 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 33 to be expended under the jurisdiction of the Community Preservation Committee.
ARTICLE 34: 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 pre-development and development costs. Said funds to be managed by the Falmouth Affordable Housing Committee / Falmouth Housing Trust / Falmouth Housing Corporation and expended under the jurisdiction of the Board of Selectmen, under the Community Preservation Act 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 $425,000 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 34 to be expended under the jurisdiction of the Board of Selectmen and Community Preservation Committee.
ARTICLE 35: 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 restoration of the VFW/Schoolhouse in a historically appropriate manner, to be managed by the Falmouth Housing Corporation, under the Community Preservation Act 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 $100,000 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 35 to be expended under the jurisdiction of the Community Preservation Committee.
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 Retention Fund which enables the town to protect affordable housing units by creating permanent deed restrictions, said funds to be managed by the Falmouth Housing Authority and expended under the jurisdiction of the Board of Selectmen, under the Community Preservation Act 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 $170,000 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 36 to be expended under the jurisdiction of the Board of Selectmen and Community Preservation Committee.
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 purchase of land in Falmouth, Barnstable County, Massachusetts, for purposes of open space, said land to be under the jurisdiction of the Commonwealth of Massachusetts Division of Conservation Services and being described as follows:
Land now or formerly of Lawrence and Alexender Grinnell, approximately 11 acres, more or less, and being identified as Assessors parcels #30 01 014 022, #30 01 015 022, #30 01 023 017, #30 01 024 018 and described in a deed recorded in the Barnstable County Registry of Deeds in Land Court Document # 480422.
Or do or take any other action on this matter. On request of the Community Preservation Committee.
RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $400,000 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 37 to be expended under the jurisdiction of the Community Preservation Committee.
ARTICLE 38: 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 historic preservation work at the Main Street Library, to be managed by the Board of Library Trustees, under the Community Preservation Act 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 $98,955 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 38 to be expended under the jurisdiction of the Community Preservation Committee.
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 purpose of restoration of the World War I Veterans Monument, to be managed by the Monument Restoration Committee, under the Community Preservation Act 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 $33,000 from Fiscal Year 2009 estimated Community Preservation Act revenues for the purposes of Article 39 to be expended under the jurisdiction of the Community Preservation Committee.
ARTICLE 40: 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, under the Community Preservation Act 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): Indefinite postponement.
ARTICLE 41: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to fund the Historic Resources Reserve account, under the Community Preservation Act 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 $100,000 from the Community Preservation Undesignated Fund Balance for the purposes of Article 41 to be expended under the jurisdiction of the Community Preservation Committee.
ARTICLE 42: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to fund the Open Space Reserve account, under the Community Preservation Act 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): Indefinite postponement.
ARTICLE 43: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to fund the Community Preservation Act General Budgeted Reserve account, 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): Indefinite postponement.
ARTICLE 44: To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund to fund the Administrative expenses of the Community Preservation Committee, 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 ($56,108 to be applied as appropriate to budget numbers 01175 and 01914 for salary and benefits for professional staff, and $33,892 for other Community Preservation Committee administrative expenses) from the Community Preservation Undesignated Fund Balance for the purposes of Article 44 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 2.7 percent of Fiscal Year 2009 estimated Community Preservation Act revenues.
ARTICLE 45: To see if the Town will vote to authorize the Board of Selectmen to enter into an Intermunicipal Agreement with the towns of Mashpee, Sandwich, Bourne, or any combination of said towns, and with the Massachusetts Military Reservation (MMR) for the continued operation of the solid waste regional transfer station at the MMR to facilitate the transfer of the Town’s solid waste to the SEMASS resource recovery plant in Rochester, Massachusetts upon such terms as the Board of Selectmen deems advisable. The Town of Falmouth will act as the lead town and shall act pursuant to authorization of the Board of Mangers established by the Intermunicipal Agreement authorized by Article 1 of the April 1987 Special Town Meeting. Said Intermunicipal Agreement is authorized by M.G.L. Chapter 40, Section 4A and Chapter 40D, Section 21(g), or do or take any other action in this matter. On request of the Board of Selectmen.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 45 as printed.
ARTICLE 46: To see if the Town will vote to expand the membership of the Commission on Disabilities, established by Article 28 of the November 6, 1995 Annual Town Meeting, from seven members to nine members, to be appointed by the Board of Selectmen, a majority of said commission members shall consist of people with disabilities, one member shall be a member of the immediate family of a person with a disability and one member of said commission shall be either an elected or appointed official of the town. The Board of Selectmen shall appoint members to serve for three (3) year terms and shall arrange the terms so that three (3) members’ terms expire each year. Or do or take any other action on this matter. On request of the Commission on Disabilities.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 46 as printed.
ARTICLE 47: To see if the Town will vote to amend Chapter 5, § 5-2, of the Code of Falmouth, Council On Aging, by increasing the number of members on the Council On Aging from seven (7) to nine (9) members, so that the section shall now read as follows:
The Board of Selectmen shall appoint a Council On Aging consisting of nine (9) members. The terms of the current seven (7) members shall remain unchanged. The Board of Selectmen shall appoint one (1) member whose initial term shall expire on June 30, 2008 and one (1) member whose initial term shall expire on June 30, 2010. Thereafter each member shall be appointed for a three (3) year term.
Or do or take any other action on this matter. On request of the Council On Aging.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 47 as printed.
ARTICLE 48: To see if the Town will vote to amend the Town Bylaws, Chapter 83, Section 13, License required: fees. as follows:
Delete: three dollars ($3.) per year for a neutered or spayed dog
Add: eight dollars ($8.) per year for a neutered or spayed dog
Delete: ten dollars ($10.) per year for all other dogs
Add: fifteen dollars ($15.) per year for all other dogs
So as to read:
§ 83-13. License required; fees. [Amended ASTM 4-7-1992, Art. 38; STM 4-6-1993, Art. 15, approved 7-16-1993; AFTM 11-8-2004, Art. 10, approved 12-30-2004]
All dogs within the Town of Falmouth shall be duly licensed by the Town Clerk on or before July 1 of each year and in accordance with the provisions of MGL C. 140, §§ 137 and 137A. For licensing purposes, all dogs must be currently inoculated against rabies. Dog licenses shall be issued by the Town Clerk upon payment of a fee of eight dollars ($8.) per year for a neutered or spayed dog and fifteen dollars ($15.) per year for all other dogs. A license may be issued for a term of one (1), two (2) or three (3) years, whichever will coincide with the renewal date of the required rabies inoculation.
Or do or take any other action on this matter. On request of the Town Clerk
RECOMMENDATION (Board of Selectmen): That the Town vote Article 48 as printed.
EXPLANATION: The proposed increase is consistent with the modernization of Town Fee schedules.
ARTICLE 49: To
see if the Town will vote to amend the Town Bylaws, Chapter 119, Section 4,
Subsections 3, 5, 6 and 8 as follows: § 119-4. Enumeration of fees.
The fees charged by the Town Clerk shall be as follows:
A. Fees enumerated.
Or do or take any other action oin this matter. On request of the Town Clerk.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 49 as printed.
ARTICLE 50: To see if the Town will vote to amend Chapter 235 of the Falmouth Code – Wetlands Bylaw – Section 235-8 – Regulations – by inserting the following language as Section 235-8 ¶E:
“ E. No new regulation, replacement of, or amendment to the existing regulations promulgated in accordance with the requirements of this chapter shall be of any force and effect until adopted by a two-thirds vote of Town Meeting.”
On petition of Neil V. Curran.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
ARTICLE 51: To see if the Town will vote to recommend that the Selectmen vote to open all Falmouth Town Beaches and Parking Lots to public access 24 hours a day year-round.
On petition of Daniel Shearer and others.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
EXPLANATION: The Board of Selectmen does not support opening all beaches 24 hours a day. The Town does not have the labor force to support the additional monitoring and maintenance that will be required to keep all beaches clean and safe and open with continuous access.
ARTICLE 52: To see if the Town should move forward (after 4 years) with Affordable Housing Committee Plan to construct Work Force Housing (70% Teachers, First Responders and Town Employees) on 2 of 16.7 Acres of Town owned (Free) Land. Located at 419 Woods Hole Rd. Despite opposition from Woods Hole Village Leadership. Woods Hole now contains 0 Units of Affordable Housing.
On petition of Marc P. Finneran.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
EXPLANATION: The Board of Selectmen has created an Affordable Housing Committee and has endorsed the development of an affordable housing plan required by the Commonwealth of Massachusetts which shall address housing needs throughout the Town of Falmouth. The Affordable Housing Committee works as an advisor to the Board of Selectmen and will be included in the development of the plan and will work with the Selectmen and the Falmouth Planning Board to facilitate the goals established for our community.
MAP INCLUDED
ARTICLE 53: To see if Leadership from Woods Hole Village and other entities should be granted the option to Transfer Development rights on 2.7 Acres of Town owned Land at 419 Woods Hole Rd for an equal or larger parcel elsewhere in the Village more suited for Development.
On petition of Marc P. Finneran.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
ARTICLE 54: 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.
R RECOMMENDATION (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.
APRIL 2008 ANNUAL TOWN MEETING