The Yarmouth Taxpayer

The Town Of Yarmouth And The DY Regional School District, Round Two

 The Dennis Yarmouth Regional School District (DYRSD) looks like they will  put it to the Yarmouth Taxpayers once again.

This past Wednesday night the Finance Committee met with some members of DY School Committee to go over the 2010 budget. This was televised on Channel 18 and The Yarmouth Taxpayer understands this will continue until Town Meeting.

There were at times, some tense moments, especially after the first question that was asked to the School Committee by a member of the Finance Committee. The terse answer was given by Ms. Gerry Bastian, the Chair of the School Committee.

Short Falls:

The Town was notified it will lose about $153,000 in lottery receipts. The Town is faced with cutting about $206,414 to balance their operating budget. Then The sky starts to fall.

Cape Cod Tech:

The town was notified this week, the new assessment from Cape Cod Tech (CCT) is $382,927 more than the Town Yarmouth had budgeted. This is caused by more students going to CCT from Yarmouth. So I have to ask the question, WHY? What is behind the students motivation to attend CCT?

State Aid:

The Governor reduced $324,270 in State Aid, so now the Town will have to reduce it's budget another $913,611 and the Town hasn't heard the bottom line figures from the DYRS.

DY School Committee:

The preliminary figures coming from the DY School Committee is grim at best for the Taxpayers in Yarmouth. They are trying to reduce the new tentative $49.8 million dollar budget. Last Year's budget was $48.7 million dollars. The DYRSD will have to bring a sharp knife to the table on this years budget or the Town of Yarmouth will have to cut an approximate $2,336,399  dollars. This is a whopping figure and it will cause total chaos in the Town. There will be big lay offs no doubt this year if the Taxpayers go to Town Meeting on May 5th and approve this farce of a School Budget. More to come on this issue, for sure.

Selectmen Meeting:

The Selectman's meeting started off with a shocker. Selectmen Jerry Sullivan revealed publicly, for the first time, that he is in fact,been fighting a long 9 year battle with Melanoma Cancer. Jerry stated that his demise has been greatly exaggerated. The Yarmouth Taxpayer wishes Jerry the very best, in his fight and treatment for this cancer.

The Board of Selectmen saw a positive presentation for the future from the Davenport Companies with it's home base right here in Yarmoth. The presentation was about the proposed changes they have in mind for the properties on South Shore Drive,in South Yarmouth. ( Red Jacket, Blue Water etc.)

The presentation was given by Dewitt Davenport and was very positive. The project will need some help from the voters at Town Meeting in a change in the Zoning Regulations and from FEMA. When Mr Davenport was pressed on how much money he is investing in the project, Mr Davenport was a little hesitant to respond, but was pressed again after some questions and Mr Davenport gave a response. About 80 Million Dollars was Mr Davenport's response.

The Taxpayers should support this project. The project will have a increase in Real Estate Property Taxes, and from the present Motel Tax. Anyone who is willing to put up 80 million dollars in Yarmouth not only deserves our support, he deserves our respect!

One last tidbit from this weeks Selectman's meeting was a comment about a Golf Lifetime Membership that was given out. WHAT?? The Board didn't mention the person's name but it did mention this was the Fourth such membership given out. The Board was not happy hearing about FREE Golf Lifetime Memberships being given out, I'm sure when the word is out the Golfers will also be Very Upset. The Board is looking at repealing this decision and hopefully a letter will be sent out telling the freebie's that you will have to pay up,like the rest of the Members, if you want to play Golf in Yarmoth.Questions will now have to be asked, Who selected the member or members? The Golf Director? Or was it the so called Golf Enterprise Committee? What is the criteria for getting a Free Lifetime Golf Membership? There will be more to come on this issue, I'm sure.

Bottom Line.

In the coming months, the Town of Yarmouth will face a few rocks in the road with the Town Budget and the DYRSD. Although these rocks are the size of a house, they are something that will have to be addressed. Lay Offs seem to be coming to Yarmouth,Schools and Town. How many? It will depend on what the School Committee decides to do with their inflated budget.

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WARNING!!!!! This Tax May Be Coming To Your Town.

 WARNING

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I'MMMM Baaack!!!

I'mmmmm Baaack!!!

This past year we have seen in Yarmouth what the Taxpayers said when it comes to Overrides. First it was the Annual Town Meeting. Yes, was the vote on a town wide override for the schools. No was the Vote when it went to the ballot and so on. The finial result was a No Vote after the Schools won at the District Meeting.

Now Comes the Battle:

Recently the Fire Department Union paid for a full page ad in the local daily. The Union claims that the new Fire Station (Station #3) in West Yarmouth could very well be opened. They claim that they want to meet with the Yarmouth Board of Selectmen, Why?

The Yarmouth Board of Selectmen are not the ones who negotiate Union Contracts. This is done with the Town Manager and in the Unions case the Fire Chief. Any changes to the Contract, working hours, overtime etc has to be agreed with the Union Reps and the Town and the funding has to be approved at Town Meeting

Now if the Board of Selectman voted to change anything in the contract they would probably face a Unfavorable Labor Practice (ULP) law suit which would cost the taxpayers plenty.

Taxpayers Right to View Public Employee's Contracts.

The Fire Union says they are willing to forgo callbacks at Station 3,according to Paul Holmquist, President of the Union. Under the current contract, it is required that a minimum of three people be at every station. So if an ambulance goes out, three firefighters are called back to man the station .What else is in the fire department contract that could be changed to save the taxpayers money and have the station opened?

The Yarmouth Taxpayer made a request in writing to the Town to have all the Towns Contracts open to the Taxpayers and the Town has agreed to have copies made and will to be available to read. It should provide some interesting reading on how our tax money is being spent.

Town Savings?

Mr Holmquist is quoted in the local media that forgoing call backs at station 3 would result in an overtime savings of about $30,000 a year. What about the other stations? Wouldn't there still be a requirement to have a call back to cover the other stations if the personal are taken out to cover another station, so where is the savings? Would forgoing the four hour minimum pay, that is required for overtime be wavered?

Bottom Line:

The bottom line in regards to having Station 3 open, according Town Administrator Bob Lawton, requires about $300,000.00 dollars. To get to this figure it would require even more major cuts to the Town and where would these cut be made? Without further cuts being made the Town would have to have another Override. I don't think the Taxpayers will support this with the future holding local aid cuts, a rise in the state's gas tax, and of course The DY School Budget.

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Should The Town Of Yarmouth Consider Privatizing The Ambulance Service?

 Over the past few weeks there has been a lot of discussion on another budget shortfall in manning the West Yarmouth Fire Station. In Fiscal Year 06 the shortfall was an overtime deficit of $143,000. So far in this fiscal year (07) the overtime deficit as of 11/04 is $86,000. The Town is going to need approximately $200,000 in additional funding to operate the way they are operating now to recall people. The ambulance is responsible for 75% of all  the  Fire runs  in Yarmouth.

Overtime Fiscal Year 05 and 06.

 The Fire Departments total overtime for fiscal year 05 was just over 1 million dollars.  Part of this was  reto active on a contract settlement. The figures for fiscal year 06 that ended  on June 30th was a little over 1 million dollars.

Why So Much Overtime?

 Presently the Town of Yarmouth is in negations with the Fire Dept Union. These negations have been going on for the last 11-months and have now reached a stalemate and is going to mediation. There are many issues involved and overtime is one of these issues . The big problem is the Fire Dept. needs to live within it's budgeted  overtime  amount. The present contract calls for the firemen to be paid overtime when they back fill a station. The Fire Dept  Union is supposed to be asking  for a 3-year contract with a 5% pay raise for each year of the contract.

Private Companies.

There are  many private ambulance companies in the state. One company in the Greater Boston and South Shore area has six municipal contracts and is looking to expand. The Company  provides municipal 911 service to Braintree, Brookline, Dedham, Milton, Quincy and Weymouth. The Private Company also provides it's services as far south as Plymouth.

Public vs Private?

Would a private company save the taxpayers money and provide the same excellent  service we have now in providing ambulance service?  Or would it be better to still have the Town of Yarmouth provide the ambulance service for  it's taxpayers. Should there be another Override to hire more Fire personnel to resolve the overtime shortfall ?

The Bottom Line

The time has come for the Board of Selectmen  to consider looking at all  the options that is best for the Taxpayers in the Town of Yarmouth?

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A Call for Senator Kerry's Resignation!!!

  
Senator's Kerry doesn't have to apologize for his comments to students in Pasadena (Calif.) City College. His statement, Education, if you make the most of it, you study hard and do your homework and you make an effort to be smart, you can do well. If you don't, you get stuck in Iraq."

Senator Kerry should do what is right and RESIGN!!!

Senator Kerry comments clearly shows how feels; "I apologize to no one . . . I'm not going to give them one ounce of daylight to spread one of their lies and to play this game ever, ever again. That is a lesson I learned deep and hard, Mr. Kerry comments says it all on how he feels about OUR Troops who are serving this country.

Mr. Kerry did this once before with is false comments in Washington when he testified before congress and made the statements that they personally committed or witnessed other U.S. Servicemen engage in war crimes.

 Mr. Kerry comments insults all who have served this country and paid the Ultimate Sacrifice!!!

Mr. Kerry comments insults all who have served this country in Peacetime!!!

Mr. Kerry comments insults all who have served in Past Wars.
 
 Mr. Kerry's comments insults all who serve today in this War on Terror

 No, Mr. Kerry you don't have to apologize for your comments, You must do what is right, You Must Resign!!
 I urge all Citizens of the State of Massachusetts, Veterans, and Families of Veterans to join in and Call for Senator Kerry to RESIGN from the United Sates Senate.

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Yarmouth Leads Cape On Tax Rate-So Far

This past week the Town of Yarmouth sent out the Tax Bills for the first half year of fiscal 07 .  Taxpayers have seen their tax bills increase once again, some significantly, and as of now we have the THE HIGHEST TAX RATE  ON THE CAPE. We're Number 1.  A look at the Cape Towns who have their Tax Rates approved for 07  This could change as some towns have yet to have their Tax Rate set for 07.

 Town Tax Break Down:

 1. YARMOUTH   Residential Tax Rate  5.89 Approved on  10/5/2006

2. HARWICH   Residential Tax Rate 5.58  Approved 09/29/2006

3. BREWSTER   Residential Tax Rate 5.47  10/13/2006

4. FALMOUTH  Residential Tax Rate 5.25  Approved 09/29/2006

5. EASTHAM   Residential Tax  Rate 4.61  Approved 09/8/2006

6. WELLFLEET  Residential Tax Rate 4.5 4 Approved 10/12/2006

7. ORLEANS  Residential  Tax Rate 4.27  Approved 10/13/2006

8. DENNIS   Residential Tax Rate 4.2 4 Approved 09/12/2006

9. CHATHAM  Residential Tax Rate 3.49  Approved 10/10/2006

All the above Towns tax Commercial, Industrial and Personal Property at the same tax as the Residential Tax

New  Disable Veteran (Chap. 59 ) Tax Exemption.

The increase in the Disable Veteran Tax Exemption was signed by the Governor in August and the House and Senate approved the funding in September. The bill was signed by the Governor two weeks ago with the affected date of 1 July. This is the start f or Fiscal Year 07.

Yarmouth Tax Bills:

Yarmouth  Disable Veterans or Widows of Disable Veterans who got their tax bill should be getting a Exemption  Certificate.  The new exemptions are not in the original tax bills.  The new Exemption Certificate  will have the new tax exemption that took effect July 1st. Veterans who receive this Certificate should take this to the Town Collector's Office at Town  Hall to have your tax bill corrected.

How Will The Taxpayers Respond?

How will the Taxpayers respond too this increase? Will the taxpayer remember this increase and attend Town Meeting ?Will the Taxpayer let the Selectmen know that are upset with the Town's increase  in spending? How will the Taxpayer respond?

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Barnstable Airport?s Dream or Cape Cod And Yarmouth's Nightmare?

Recently the FAA released its report for the future in New England. You can see the report at http://www.nerasp.com/documentation.htm
The report covers the Regional Airports in New England. Bangor International Airport
Boston Logan International Airport, Bradley International Airport, Burlington International Airport, L. G. Hansom Field, Manchester Boston Regional Airport
Portland International Jetport, Portsmouth International Airport, T. F. Green Airport
Tweed-New Haven Regional Airport, Worcester Regional Airport. The report doesn’t cover Barnstable Airport.

Barnstable Airport Hidden Agenda?

In a recent article by the Boston Globe the Airport Manager, Quincy “Doc” Mosby said, “ its 5,400-foot runway can handle 40- and 50-seat regional jets and even 737s, and he’d be willing to consider more jet service there.” This statement clearly shows the hidden agenda the Airport has and it will be Yarmouth and Cape Cod’s nightmare. The Cape Cod Commission on the present review of the new terminal should look this statement.

An Emerging Market for Jet Service from Cape Cod?

  The Boston Globe  article said, “The FAA study also cites an emerging market for jet service from Cape Cod to major domestic markets” but steers clear of the question of whether Cape Cod officials should embrace it. As year-round population and business grow on the Cape, nearly 2 million people annually will want to fly from there to destinations beyond New England and New York, FAA planner Ralph Nicosia-Rusin said. 2 million people annually? The ENF filed with MEPA only looks at an increase by 2015 an increase to 4000,00- passengers for the new terminal and this has been lowered.

FAA Finial Report on Emerging Markets.

By 2020, the Cape Cod market will have grown to almost two million passengers flying to destinations beyond New England and the NYC area. This reflects the Cape’s evolution from primarily a seasonal vacation/retirement community to a more balanced year-round economy. Because the closest airport for long trips is Logan, most of these passengers will be driving along the congested Route 3 corridor or traveling west to Providence. The primary airport serving Cape Cod is Barnstable Municipal Airport with intra-regional service to the islands, Boston, and the NYC area. Its longest runway is 5,425 feet, and its expansion is constrained by major arterial roads, substantial development, and natural resources .  It has never been evaluated for providing services beyond the Boston and New York City markets. This is different from what is said in the Boston Globe article.d

Argument for an Airport at Otis.nstsources. 

The FAA report addresses the possibility of having another Regional Airport at Fort Devens. Why not have it at Otis? The base is not constrained by major arterial roads, substantial development, and natural resources.  It has 10,000-foot runways not 5,400-foot runways. The runways have the required overruns in case a plane skids off a runway. Barnstable Airport doesn’t have this on all their runways. The base has major road access and a access road already exists to the main part of the base to avoid high vehicle traffic having an impact on the neighborhoods. The FAA needs to study having a regional Airport at Otis. The study would cover noise and it’s impact, which could have less of an impact on the neighborhoods compared to Hyannis

Economic Impact.

Having a regional Airport at Otis would create jobs for  Cape Cod and Southeastern Mass, something that is needed. Look at what has happened at Fort Devens and the impact it has on the surrounding communities. Maybe the F15’s could even stay because having a civilian Airport with the Military would cut the cost of operating the base. This is the main reason the BRAC Commission has considered closing the base in the first place .

Bottom Line.
The Barnstable Airport’s dream is definitely Yarmouth’s nightmare and shared with all of Cape Cod.

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Why is Congressman Delahunt Afraid to Debate?

"Historically, the claim of consensus has been the first refuge of scoundrels; it is a way to avoid debate by claiming that the matter is already settled" - Michael Crichton

Congressman Delahunt has not agreed to debate his opponents in the upcoming election. Why is the Congressman hiding? 

Is the Congressman afraid his opponents will challenge is voting record in Washington. What about his relationship with Venezuela President Hugo Chavez? He has been working overtime in damage control on his comments, that Chavez speech at the UN was silly. Mr. Delahunt should Debate his Opponents.    

Legislation that could be debated on  Mr.Delahunt’s Voting Record

Earmarking Reform Resolution: The House passed this internal rule change requiring Members to identify the special projects they insert into tax, appropriations and authorizing legislation. Delahunt - NO

Better Health Information Systems Act: This $40 million House bill is intended to accelerate the process of computerizing people’s health records. Delahunt – NO

Estate Tax and Extension of Tax Relief Act: The House approved this bill that would extend estate tax relief and raise the minimum wage. Delahunt – NO

Marriage Protection Amendment: The House fell short of the two-thirds vote needed to amend the constitution to define marriage as a union of one man and one woman. Delahunt – NO

  Pledge Protection Act:    This House bill would prevent federal courts from ruling on cases involving the Pledge of Allegiance.  Delahunt - NO

US- Oman Free Trade Agreement: The House gave final approval to this free trade pact with the Middle East nation of Oman. Delahunt -NO

Deep Ocean Energy Resources Act:  This House bill would give states more control over oil and natural gas exploration in coastal waters and reduce limits on offshore drilling.  Delahunt - NO

Media Leak Resolution: The House passed this resolution condemning media outlets that print classified information about programs and techniques used by the government to track terrorist activity. Delahunt – NO
Permanent Estate Tax Relief Act: This House bill would permanently exempt estates worth less than $5 million per spouse from estate taxes.  Delahunt – NO

Emergency Supplemental Appropriations Act:  The House passed this bill approving $94.5 billion in emergency spending for military operations in Iraq and Afghanistan and for hurricane relief. Delahunt - NO

Declaring That The United States Will Prevail in The Global War on Terror:  The House approved this non-binding resolution declaring support for U.S. efforts in the war on terror and rejecting a timetable for withdrawing troops from Iraq. Delahunt - NO

Broadcast Decency Enforcement Act: The House gave final approval to this bill that will raise the fines that can be levied against broadcasters who violate decency rules. Delahunt - NO

Communications, Opportunity, Promotion, and Enhancement Act of 2006: This House bill would allow telephone companies to offer video services. Delahunt NO

American-Made Energy and Good Jobs Act:  This House bill would open a strip of coastal land in Alaska’s Arctic National Wildlife Refuge to oil drilling. Delahunt - NO

  Making the PATRIOT Act Permanent. To extend and modify authorities needed to combat terrorism. Delahunt -NO

Community Protection Act of 2006 : To restore the Secretary of Homeland Security’s authority to detain dangerous aliens, to ensure the removal of deportable criminal aliens, and combat alien gang crime. Delahunt – NO

Providing for Consideration of the Bill (H.R. 3893) To Expedite the Construction of New Refining Capacity in the United States, to Provide Reliable and Affordable Energy for the American People, and for Other Purposes. Delahunt - Not Voting

Hurricane Katrina Emergency Relief  Flexibility Act:  Delahunt – Not Voting

 Department of Homeland Security Appropriations  Fy 2006: Delahunt – Not Voting

To Amend Title V of the Housing Act of 1949 to Provide Rural Housing Assistance to Families Affected by Hurricane Katrina:  Delahunt – Not Voting

 One last item that could and should be debated, the moving of the F15s to Westfield and the loss of 500 plus jobs to the district.

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Yarmouth Property Values Rise- So Will Taxes.

The Town of Yarmouth has completed  the revaluation of all properties .  The revaluation is based on statistics gathered as of past January 1st. Yarmouth Property Owners/ Taxpayers can review their data at  www.yarmouth.ma.us and may be viewed on Channel 18. The official public review period for the revaluation starts Monday and ends Friday. The first of two annual tax bills is scheduled to be sent out in October.

Property Value Increase.
This year is the 3-year revaluation  of all the properties. According to the Town the increase will be 7 percent, down from last year due to slowing home sales. Last year the town did a interim revaluation of all properties with a 10 percent increase.

17 Percent Increase and Your Taxes.
The total increase in assessments of the taxpayer’s property over the last two years was a whopping 17 percent.  The tax rate has also reflected this in an increase in our property taxes. The normal rule is when the town re-values the property, the tax rate goes down. In this case where the property values are going up so much it has off set any benefit  of a  lowering  tax rate.

Town Meeting Vote- A Tax Increase.
This past April the voters voted to increase the Town Budget by 2.11 percent. This will result in a tax increase. The tax rate was 5.95 per thousand dollars of property assessed. The new uncertified tax rate is 6.21 per thousand dollars.

Special Town Meeting- Override, Another Tax Increase?
This coming Tuesday September 12th, the Town of Yarmouth will hold a Special Town Meeting. In Article  8  is a Override Question. Now if this question is approved at Town Meeting it then goes to a Ballot Question. If Town voters approve this override it will  another 7 cents to the uncertified tax rate of 6.21, for a total tax rate of 6.28. per thousand dollars of assessed value.

Bottom Line-  Taxes Will Increase.
Normally, as I stated earlier the tax rate goes down, as will probably happen in this case. The tax rate most likely will not go down below the 5.95 per thousand dollars of assessed value. The new tax rate will be some where between  5.95 to 6.21 or 6.28 and with the 7 percent increase in property values the end result will be a Tax Increase.

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Yarmouth?s Special Town Meeting

On September 13, 2006 there will be a Special Town Meeting to be held at the Mattacheese Middle School. There will be 26 Articles the Taxpayers will vote on including  Salary and Wage increases for Town Employees in Article 4. A  Prop 2 1/2 Override in Article 8.  A Wind Facilities Zoning Bylaw in Article 14. An Home Rule Petition to the a Massachusetts Legislature in Article 26.

Tax Rate.
The Tax Rate before last Aprils Annual Town Meeting was 5.95. The Tax Rate  after Town Meeting, and presently not certified, is 6.21. The Tax Rate could go up to 6.28 with a Town Meeting Vote and a Vote on September 19th  in regards to the override.

Real Estate Appraisal.
Last Year the Town did a interim Real Estate Property Appraisal. The town is presently doing the 3 year property appraisal, as required by law, with some eye raising results. So far this blogger has seen increases  running from 8 % to as much as 15%. The cause for these increases is based in the price of homes sold in 2005 and individual situations..

How Will  Real Estate Effect The Tax Rate?
This question will be hard to answer. It will depend on how the Voters vote at Town Meeting and on Sept 19th in regards to the Override so the town can figure what the actually tax rate will be..Generally the tax rate goes down. But will it? Property Values are still climbing , therefore could this offset any benefits from the Tax Rate being lowered. Last year the rate did go down, but the net result was an increase in taxes because of property values going up. It seems it will repeat again this year, only time will tell. The Taxpayer/Voters will decide this.

The Warrant.

ARTICLE 1: To see if the Town will vote to raise or transfer from available funds and
appropriate a sum of money to pay bills of prior years as provided by Chapter 44, Section
64 of the Massachusetts General Laws and to act upon any other bills that may properly
come before this meeting.

ARTICLE 2: To see if the Town will vote to transfer and appropriate from available
funds the sum of $25,000 to be added to line item 5-105 of the FY ’07 Town budget,
Veterans Benefits.

ARTICLE 3: To see if the Town will vote to raise or transfer from available funds in the Water Division and appropriate the sum of $90,000 for the use of the Water Division for the purpose set forth in the Acts of 1928, Chapter 146, or under Mass General Laws, Chapter 41, Section 69B, and to fund this sum transfer and appropriate the sum of $90,000 from the Water Reserve Account.   

ARTICLE 4: To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay salary and wage increases for Town employees for FY ’07.

ARTICLE 5: To see if the Town will vote to authorize the Board of Selectmen to (i) acquire by purchase or eminent domain the following described parcels of land and easements; (ii) to convey the following described parcels of land and easements:
a) Acquire by purchase or eminent domain a parcel of property off Commonwealth Avenue shown as Lot 2 on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1”=40’, Town of Yarmouth Engineering Division” and to fund such acquisition, transfer and appropriate a sum of money from available funds.
b) Sell a parcel of land at the intersection of Whites Path and Commonwealth Avenue shown as Lot 3 on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1” = 40’, Town of Yarmouth Engineering Division.”
c) Acquire by purchase or eminent domain a drainage easement on Huntington Avenue shown on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1” = 40’, Town of Yarmouth Engineering Division” and to fund such acquisition transfer and appropriate a sum of money from available funds.

ARTICLE 6: To see if the Town will vote to authorize the Board of Selectmen to
submit the following home rule petition to the Massachusetts Legislature:
An Act Authorizing the Town of Yarmouth to Send Certain Information to the Voters of
the Town.
Section 1. Notwithstanding section 22A of Chapter 55 of the General Laws, Section 21C
of Chapter 59 of the General Laws or any other general or special law to the contrary, the
Board of Selectmen of the Town of Yarmouth shall, at least 10 days before any election
at which a binding or non-binding question shall be submitted solely to the voters of said
town cause to be printed and sent to each residence of 1 or more voters whose name
appears on the latest active voting list for said town and make available at each polling
place (1) the full text of the question; (2) a fair and concise summary of the questions,
including a one sentence statement describing the effect of a yes or no vote, prepared by
the town counsel of said town; and (3) arguments for and against such question as
provided in Section 2.
Section 2. The Board of Selectmen of the Town of Yarmouth shall cause to be printed
and sent, in the manner provided in Section 1, arguments for and against each question
submitted solely to the voters of said town pursuant to any General Law, including but
not limited to, Section 21C of Chapter 59 of the General Laws. No argument shall
contain more than 250 words. Said Board of Selectmen, or, at its request the town
counsel shall seek such written arguments from the principal proponents and opponents
of each such question. Said Board of Selectmen shall designate a date by which written
arguments must be received, in a written notice to the principal proponents or opponents.
Said notice must be issued at least 14 days before the date by which the written
arguments must be received.
For the purposes of this act, the principal proponents and opponents of any such question
shall be those persons determined by said Board of Selectmen to be best able to present
the arguments for and against such question. The principal proponents or opponents of
such question may include a town officer or committee, and the principal proponents may
include the first 10 signers or a majority of the first 10 signers of any petition initiating
the placement of such question on the ballot. In determining the principal proponents and
opponents of such a question, said Board of Selectmen shall contact each ballot question
committee, if any, as defined in Section 1 of Chapter 5 of the General Laws, organized
specifically to influence the outcome of the vote on each question. If no argument is
received by said Board of Selectmen within the time allowed by this act, said town
counsel shall prepare such argument.
All arguments filed with or prepared by the Board of Selectmen under this act, and the
summary prepared under Section 1, shall be open to public inspection at the office of the
town clerk of said town.
Section 3. The official ballot shall include the summary and statements describing the
effect of a yes or no vote, as provided in clause (2) of Section 1.
Section 4. This act shall also apply where the question presented involves a regional
district of which the Town of Yarmouth is a member or involves a joint undertaking by
said Town of Yarmouth and 1 or more cities or towns.
Section 5. This act shall take effect upon its passage.

ARTICLE 7: To see if the Town will vote to transfer and appropriate from available funds the sum of $2,300 to purchase computer software to schedule and bill police and fire special details.

ARTICLE 8: To see if the Town will vote to raise and appropriate the following sums for the listed purposes, or to be added to the FY ’07 operating budget line items. Such sums shall be subject to an override of Propositions 2 ½.
CODE DEPARTMENT AMOUNT
A.CS-15 One Additional Computer $53,787
Position For Info Technology
Division
B.PS-1 Police Wages $404,000
Five Additional Positions ________
Total $457,787

ARTICLE 9: To see if the Town will vote to accept the amendment to the agreement
establishing the Dennis Yarmouth Regional School District proposed by the Dennis
Yarmouth Regional School District Committee to modify the cost and income allocation
formula, Section 4.

ARTICLE 10: To see if the Town will vote to appropriate a sum of money for design, engineering, architectural fees, construction and equipping of a new fire station #3 facility in the Town of Yarmouth to supplement the appropriation made under article 18 of the 2006 Annual Town Meeting and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow such sum under Massachusetts General Laws Chapter 44, Section 7 (3) or any other enabling authority and that the Board of Selectmen is authorized to take any other action necessary to carry out this project.

Article 11: To see if the Town will vote to revise the Zoning Map by rezoning a lot off Bellevue Avenue in South Yarmouth, shown as Lot 57 on Assessor’s Map 61, from B1 Business to R40 Residential.

ARTICLE 12: To see if the Town will vote to revise the Zoning Map by rezoning a lot
off Route 28 in West Yarmouth, shown as Lot 223 on Assessor’s Map 30, from partly B2
Commercial and partly R25 Residential to all B2 Commercial.

ARTICLE 13: To see if the Town will vote to delete the definition of Transient in Zoning Bylaw Section 500 and add the following new definition:
TRANSIENT- for purposes of the limitations of Motel or Hotel use, Transient occupancy
shall be limited to the temporary and short term occupancy, ordinarily and customarily
associated with motel and hotel use. Transient occupants must have, and be able to
demonstrate that they maintain, a principal place of residence elsewhere. Transient
occupancy shall generally refer to continuous occupancy of not more than thirty (30)
days, and an aggregate of not more than ninety (90) days within any six (6) month period.
Use of a guest unit as a residence, or dwelling unit, shall not be considered transient.

ARTICLE 14: To see if the Town will vote to create a new Wind Facilities Zoning Bylaw by making the following changes to the Zoning Bylaw:
1. Revise Zoning Bylaw section 202.5, Use Regulation Table, by adding a new Use F9, Wind Facilities, allowable in all zoning districts by Special Permit from the Board of Appeals, as follows:
201.5 Use Regulation Table Res. RS-40 B1 B2 B3 MU APD AED MOD
F9 Wind Facilities BA BA BA BA BA BA BA BA BA
2. Add the following new definitions to Zoning Bylaw section 500 Definitions:
FLICKER EFFECT – Flicker is the apparent shadow flicker of the moving turbine blade
shadow when a wind turbine is between the viewer and the sun. This effect is most
pronounced in early morning or late afternoon or during early winter with the sun is at its
most southerly track. Flicker intensity shall be established based upon a review of the
anticipated days per year of probable flicker effect on the identified impact area and
existing use of the site. Flicker impact becomes unreasonable where: 1. it impacts the
daily routine of neighbors, and; 2. it impacts the quality of life of affected parties.
Affected parties shall be designated as those parties who live, work, or may otherwise
come into contact with the flicker zone during periods of flicker conditions during routine
activity.
WIND FACILITY – All equipment, machinery, and structures utilized in connection
with commercial and non-commercial wind-generated energy production and generation,
including related transmission, distribution, collection, storage or supply systems whether
underground, on the surface of the ground, or overhead, and other equipment or
byproducts in connection therewith, and the sale of the energy produced thereby,
including but not limited to wind turbine (rotor, electrical generator, and tower),
anemometers (wind measuring equipment), transformers, substation, power lines, control
and maintenance facilities, and access and service roads.
WIND FACILITY, COMMERCIAL – Those wind facilities which expect, and confirm
by annual measurements, that on average, they will annually consume less than fifty
percent (50%) of their total actual electrical output on the generation site or immediately
adjacent to it.
WIND TURBINE – Equipment used in wind-generated energy production. Wind
turbines capture the kinetic energy of the wind and convert it into electricity. Primary
components are the rotor (blade assembly), electrical generator, and tower. Wind
turbines are to be mounted on tubular towers, but not lattice towers, so that avian perches
are avoided to the furthest extent possible.
3. Add a new Wind Facilities section 413, or appropriate number, to the Zoning Bylaw,
with the following text:
413 WIND FACILITIES
413.1 Purpose. The purpose of this Bylaw is to facilitate the development and operation of commercial and non-commercial energy generating wind turbines while minimizing any adverse impacts of wind turbines on the character of neighborhoods, property values, scenic, historic, and environmental resources of the town; and to protect the health and safety of its inhabitants, while allowing wind energy technologies to be utilized.
413.2 Applicability. Any application to erect a structure that utilizes energy from the wind to generate electricity shall comply with the requirements of this bylaw.
413.3 Requirements. Wind facilities shall conform to the following requirements:
413.3.1 Minimum lot area. Wind facilities shall only be located on a parcel of land that contains at least 10 acres.
413.3.2 Setbacks from adjacent parcels. A minimum setback of each wind turbine from all property lines and from any other wind turbine shall be not less than the overall height of the turbine or three hundred (300) feet, whichever is greater.
413.3.3 Hub height. The height of any wind turbine, as measured from average natural grade at the base of the tower to the horizontal centerline of the hub around which the blades rotate, shall not be more than two hundred fifty (250) feet, and the blade clearance from the ground immediately below each wind turbine shall be at least thirty (30) feet. A waiver from this provision may be granted only if the Zoning Board of Appeals makes a finding that additional height is necessary for adequate operation of the wind facility and will otherwise fulfill the intent and purpose of this bylaw
413.3.4 Overall height calculation. For purposes of calculating the overall height of a wind turbine, the height shall be calculated as the vertical distance from average natural grade at the base of the tower to the uppermost extension of any blade or the maximum height reached by any part of the wind turbine.
413.4 Noise and Flicker effects. Wind Turbines shall not, during normal operating conditions, be injurious or detrimental to the neighborhood or the town by generating excessive or unreasonable noise or visual flicker. Except during short-term service events such as high windstorms or utility outages, noise from a wind turbine shall not exceed ambient noise levels by more than 10 decibels (10 dB), as measured from the nearest property line. The petitioner/property owner shall provide a statement listing the expected ambient noise measurement before tower construction, as well as the anticipated noise levels after installation, and the difference (if any). A similar data statement shall be provided by the owner based on actual measurements made after turbine completion and within 90 days of construction of the turbine, and from time to time thereafter as may be required by the Special Permit or upon request of the Building Commissioner.  Such noise measurement statements shall be certified and signed by an acoustical engineer certifying that all noise measurements are accurate. A certified copy of each noise measurement statement shall be provided to the Town’s Building Commissioner and/or others, as designated in the Special Permit.
A report identifying the visual flicker zone shall be provided as part of the proposed
project during the application phase of the project. The plan shall identify the area of
flicker shadow effect caused by the interaction of the turbine structure and the angle of
the sun during winter conditions when the angle of incidence is most pronounced to
indicate potential areas of impact.
413.5 As-built Plans. Within 60 days of completion of initial construction and/or any additional construction or reconstruction, the Facility owner shall furnish to the Building Commissioner two (2) complete sets of plans, drawn to scale and stamped by a Professional Land Surveyor, depicting the location of all towers and appurtenant facilities on the site
413.6 Inspection. At least every 24 months, all Wind Facilities shall be inspected by a person who is regularly involved in maintenance, inspection, operation, and/or erection of such wind towers. The property owner or operator shall provide a copy of each such inspection record to the Town’s Building Commissioner.  If, upon inspection, the Wind Facilities are deemed to constitute a danger to persons or property, then upon notice being provided to the owner, the owner shall have not more than 60 days to bring such facility into compliance in order to continue with its operation.
413.7 Removal due to abandonment or discontinuance of use. The property owner shall
remove any wind facility which has been determined by the Building Commissioner to
have been abandoned or its use discontinued If removal is required, all wind turbines
and appurtenant structures shall be removed and the wind facility site shall be revegetated.
Waste material from the site shall be properly disposed of in accordance with
Town and State disposal regulations. The Zoning Board of Appeals shall require, as part
of the Special Permitting process, that an escrow account or removal bond be established
and appropriate deposits or payments made to ensure adequate funds are available for
removal.

ARTICLE 15: To see if the Town will vote to transfer and appropriate the sum of $30,000 from the Transfer Station Reserve Account for replacement and/or repair of overhead doors at the Yarmouth/Barnstable Solid Waste Transfer Station.

ARTICLE 16: To see if the Town will vote to transfer and appropriate the sum of $25,000 from the Community Preservation Budgeted Reserve to acquire by purchase, eminent domain, or otherwise, for recreational purposes, a parcel of land as shown on Assessor’s Map 83 as Lot 3, consisting of approximately 2.48 acres and recorded with the Barnstable County Registry of Deeds in Book 10964, Page 116.

ARTICLE 17: To see if the Town will vote to transfer and appropriate the sum of $30,000 from the Community Preservation Community Housing Reserve for the purpose of funding a feasibility study to determine the suitability of town-owned land for community housing.

ARTICLE 18: To see if the Town will vote to transfer and appropriate the sum of
$150,000 from the Community Preservation Community Housing Reserve to assist
developers who raze or replace Route 28 hotels or motels and convert those properties
into residential or mixed-use community housing units.

ARTICLE 19: To see if the Town will vote to transfer and appropriate the sum of $80,000 from the Community Preservation Budgeted Reserve for the purpose of conducting a feasibility and needs assessment for a possible future Yarmouth Community Center, as well as obtaining associated architectural design services.

ARTICLE 20: To see if the Town will vote to transfer and appropriate the sum of
$250,000 from the Community Preservation Budgeted Reserve for the purpose of land
acquisition and development of six (6) affordable homes on Brush Hill Road in
Yarmouth Port, MA.

ARTICLE 21: To see if the Town will vote to transfer and appropriate the sum of $161,500 from the Community Preservation Budgeted Reserve for the historic preservation and rehabilitation of the Yarmouth New Church, 266 Route 6A, Yarmouth Port, MA.

ARTICLE 22: To see if the Town will vote to add the following new paragraph 5 to Zoning Bylaw Section 104.3.5:
5. Upon endorsement by the Planning Board, non-conforming lots and/or nonconforming
structures created by the division of a tract of land on which two or more
buildings were standing when the subdivision control law went into effect in Yarmouth
(Feb. 14, 1950), as outlined in M.G.L. Ch. 41, Sect. 81-L, shall require a Special Permit
from the Board of Appeals for any non-conformance.

ARTICLE 23: To see if the Town will vote to allow the conversion of property to a condominium form of ownership by right by deleting Zoning Bylaw section 104.4 Condominium Conversion, in its entirety.

ARTICLE 24: To see if the Town will vote to allow the re-establishment of residential uses deemed abandoned or discontinued for more than two years by Special Permit by adding the following new sentence to section 104.3.1:
Residential uses determined by the Building Commissioner to have been abandoned or
discontinued for more than two (2) years may be re-established by Special Permit from
the Zoning Board of Appeals.

ARTICLE 25: To see if the Town will vote to authorize the Selectmen to sell 0.4 acre
parcel off Willow Street, West Yarmouth shown as parcel 4 on Assessors Map 93.

ARTICLE 26: To see if the Town will vote to authorize the Board of Selectmen to submit a Home Rule Petition to the a Massachusetts Legislature to require that the Town of Yarmouth have a voting member on the Barnstable Municipal Airport Commission.

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