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HomeMy WebLinkAbout2012_ANNUAL_REPORT IN MEMORIAM EMPLOYEE DEATHS 2012 CAROL SERAFINO MARCH 9, 2012 FINANCE COMMITTEE JEROME J. SULLIVAN MARCH 23, 2012 BOARD OF SELECTMAN ROBERT MILLER APRIL 19, 2012 PRECINCT WORKER NANSE A. MEADE APRIL 26, 2012 PRECINCT WORKER & YARMOUTH POLICE VIP BARBARA JOHNSON JULY 7, 2012 SELECTMEN’S OFFICE NICOLA IODICE JULY 26, 2012 ELECTRICAL INSPECTOR JOAN ALBEE OCTOBER 4, 2012 PRECINCT WORKER STANLEY MAYNARD DECEMBER 25, 2012 PLANNING BOARD WATER QUALITY ADVISORY COMMITTEE GLORIA S. SMITH OCTOBER 5, 2012 COMMUNITY HOUSING COMMITTEE COMMUNITY PRESERVATION COMMITTEE HISTORICAL COMMISSION PLANNING BOARD TABLE OF CONTENTS ADMINISTRATION Board of Selectmen ....................................................................................................................................................... 2 Gifts Accepted by the Selectmen ................................................................................................................................... 4 Finance Committee ........................................................................................................................................................ 9 Capital Budget Committee ............................................................................................................................................ 9 Town Administrator .................................................................................................................................................... 11 Elected Officials, Employees and Committees ............................................................................................................ 13 Town Administrative Organization Chart ................................................................................................................... 20 TOWN RECORDS Town Clerk and Board of Registrars ........................................................................................................................... 22 Annual Report ............................................................................................................................................................. 23 Births ........................................................................................................................................................................... 23 Marriages ..................................................................................................................................................................... 23 Deaths .......................................................................................................................................................................... 27 Brought here for Burial ................................................................................................................................................ 31 Presidential Primary Election, March 6th 2012 ............................................................................................................ 32 Annual Town Meeting, April 2nd 2012 ...................................................................................................................... 35 Annual Town Election, May 15th 2012 ....................................................................................................................... 55 State Primary Election, September 6th 2012 ................................................................................................................ 56 Special Town Meeting, October 22nd 2012 ................................................................................................................. 57 State Election, November 6th 2012 ............................................................................................................................. 95 Old King’s Highway Regional Historic District Committee Annual Meeting, ....................................................... 97 COMMUNITY DEVELOPMENT Board of Appeals ....................................................................................................................................................... 100 Department of Community Development .................................................................................................................. 100 Planning Board .......................................................................................................................................................... 102 Affordable Housing Trust .......................................................................................................................................... 103 Community and Economic Development Committee ............................................................................................... 104 Community Housing Committee ............................................................................................................................... 106 Community Preservation Committee......................................................................................................................... 107 Conservation Commission ......................................................................................................................................... 109 Design Review Committee ........................................................................................................................................ 110 Historical Commission .............................................................................................................................................. 111 Old Kings Highway ................................................................................................................................................... 112 COMMUNITY SERVICES Library Division ........................................................................................................................................................ 116 Law Enforcement/Management ................................................................................................................................. 119 Shellfish ..................................................................................................................................................................... 122 Animal Control .......................................................................................................................................................... 124 Habormaster/Waterways............................................................................................................................................ 126 Division of Senior Services ....................................................................................................................................... 129 Golf Division ............................................................................................................................................................. 132 Information Technology Division ............................................................................................................................. 135 Recreation Commission ............................................................................................................................................. 137 MUNICIPAL FINANCE Finance Department ................................................................................................................................................... 144 Town Accountant ...................................................................................................................................................... 145 Summary of Appropriations and Expenditures .......................................................................................................... 145 Summary of Revenue ................................................................................................................................................ 146 Independent Auditor .............................................................................................................................................. 152 Town Collector .......................................................................................................................................................... 153 Treasurer .................................................................................................................................................................... 154 Trust and Investment Funds....................................................................................................................................... 156 Town Employees’ Salaries and Wages ...................................................................................................................... 158 Board of Assessors .................................................................................................................................................... 174 PUBLIC SAFETY Fire and Rescue Department ...................................................................................................................................... 176 Police Department ..................................................................................................................................................... 181 MUNICIPAL INSPECTIONS Building Department ................................................................................................................................................. 188 Board of Health ......................................................................................................................................................... 190 PUBLIC WORKS Department of Public Works ..................................................................................................................................... 206 Engineering ................................................................................................................................................................ 209 Highway .................................................................................................................................................................... 212 Building ..................................................................................................................................................................... 208 Waste Management ................................................................................................................................................... 214 Water ......................................................................................................................................................................... 216 Recycling & Solid Waste Advisory Committee ........................................................................................................ 227 OTHER COMMITTEES Assembly of Delegates .............................................................................................................................................. 220 Cable Advisory .......................................................................................................................................................... 221 Cape Cod Regional Transit Authority ....................................................................................................................... 221 Cape Cod Water Protection Collaborative ................................................................................................................. 222 Cape Light Compact .................................................................................................................................................. 223 Energy Committee ..................................................................................................................................................... 225 Open Space Committee ............................................................................................................................................. 226 Personnel Board ......................................................................................................................................................... 226 Town Scholarship Fund Committee .......................................................................................................................... 228 Veterans’ Services ..................................................................................................................................................... 229 EDUCATION Dennis-Yarmouth Regional School District .............................................................................................................. 232 D-Y Regional School District Committee ................................................................................................................. 233 Office of the Superintendent ...................................................................................................................................... 234 Finance & Operations ................................................................................................................................................ 235 Office of Instruction .................................................................................................................................................. 236 Pupil Services ............................................................................................................................................................ 237 D-Y Regional High School ........................................................................................................................................ 238 Mattacheese Middle School ....................................................................................................................................... 239 Nathaniel H. Wixon Middle School .......................................................................................................................... 240 Ezra H. Baker Elementary School ............................................................................................................................. 241 Laurence C. MacArthur Elementary School .............................................................................................................. 242 Marguerite E. Small Elementary School ................................................................................................................... 243 Station Avenue Elementary School ........................................................................................................................... 244 Food Service .............................................................................................................................................................. 245 Technology Department ............................................................................................................................................ 245 D-Y Regional School District Employees and Wages Paid in 2012 ......................................................................... 247 D-Y Regional High School Scholarships and Awards .............................................................................................. 263 D-Y Regional High School Commencement ............................................................................................................. 271 D-Y Regional High School Class of 2012 ................................................................................................................. 272 Board and Committee Meetings ................................................................................................................................ 274 Reference Guide ........................................................................................................................................................ 278 Talent Bank Form and Volunteer Information .......................................................................................................... 281 ADMINISTRATION BOARD OF SELECTMEN The Board is pleased to submit our annual report for 2012 to Yarmouth residents. We cannot begin the 2012 report without prominent acknowledgement of Selectmen Jerry Sullivan who passed away on March 23rd. Jerry served the town as Selectman for 19 years. His persona undeniably defined Yarmouth and we are indebted to him and his dedication in making our town a better place. He will be missed by all. I would also like to take a moment to thank Suzanne McAuliffe for her 9 years of service on the Board of Selectmen and her continued work as Yarmouth’s representative to the Barnstable County Assembly of Delegates. YEAR REPORT The term “Revitalization” took shape as one of the most significant and apparent themes to influence this year’s efforts and attention. Through hard work and perseverance, our dedicated town employees and volunteers worked with us to achieve significant steps in regenerating many components of our goals, policies and services for our community. You can find a greater level of detail explaining these remarkable accomplishments in the specific department or committee reports of this book however, following are a few of the highlights. The Board of Selectmen held 32 public meetings in 2012, with the assistance of Town Administrator Bill Hinchey and Executive Assistant to the Town Administrator Liz Hartsgrove. A wide variety of items were brought before us, either for discussion or required action. The first few months was primarily focused on the review and recommendations of proposed articles for the Annual Town Meeting. Each article held important value to the continued operation and improvements of the Town. Greater efforts were made this year towards a mutual agreement between the Town of Dennis and Yarmouth to contribute an affordable annual increase of 2 ½% to the Regional School District budget rather than being dependent upon a consistently fluxing Chapter 70 formula generated by the State. Positive strides are continuing to be made towards making this important agreement reoccurring rather than on a year-by-year evaluation. The Forest Road property, owned by the Yarmouth Housing Authority, was a reoccurring important topic occupying the Board’s attention throughout the year. The Selectmen and Town Administrator have been working diligently on finding creative ways to equally balance affordable housing demands while satisfying our obligation to protect our resources and resident’s way of life. We will continue to work towards a positive resolution. The Board & Committee Appointments Chairman James Quirk, with the assistance of Administrative Assistant Pamela Barnes, presented a total of 23 appointments, 36 reappointments and 9 resignations to the full Board for acceptance in 2012. Article 29 of the 2012 Annual Town Meeting was approved disbanding the Government Oversight Committee (GOC). The GOC was first created in 1982 by Town Meeting vote and charged each member with performing studies & evaluations on matters related to governmental organization/reorganization. We thank each and every one of our citizens who volunteered their time and efforts on all of our Boards, Commissions and Committees. 2 On May 15th, the Annual Election was held for 2 seats on the Board held by incumbents Erik Tolley and Suzanne McAuliffe. Mr. Tolley was reelected and Norman Holcomb was elected to replace Ms. McAuliffe, who held her seat for 9 years. We welcome Mr. Holcomb to the Board. In November, Ms. McAuliffe was elected to the Assembly of Delegates and we are secure in knowing she will provide the same sound leadership there as she did locally. Throughout the year updates on Capital and Infrastructure improvements were given to us by the newly formed Project Team comprised of a variety of town staff members and chaired by Assistant Town Administrator Peter Johnson-Staub. The Team has been tackling a number of on- going projects such as the renovations of the former Police Station at 424 Route 28 and the proposed Marina at the former Drive-In Site. We applaud their efforts of keeping a steady momentum concerning completion on-going projects as well as incorporating the Selectmen goals towards future project assessments. Keeping in line with our unofficial theme of “Revitalization”, passage of Article #7 at the October 22nd Special Town Meeting emphasized the community’s collective commitment in providing progressive economic opportunities. The approved four Village Overlay District Centers offers a balanced combination of rules and regulation allowing both residential and commercial development and redevelopment which will revitalize Yarmouth’s Route 28 corridor. We thank everyone involved in the many years of hard work which ultimately lead to the passage of an invaluable opportunity our community can offer businesses to improve the quality for all. Again, with years of efforts by our employees and ongoing Selectmen support, an additional significant occasion in providing revitalization opportunities was completed by the signing of the John Simpkins School Purchase & Sale Agreement between the Town and Stratford Capital Group on October 2nd. This project exemplifies the value of creative collaboration between public and private partnership. Renovations of the school will create 60 new units of year round affordable to low and moderate income housing allowing us to meet our Housing Production Plan goal for 2012. Again, we would like to acknowledge the services, continued level of support and diligence towards implementing our goals by our Administration Staff: Town Administrator William Hinchey, Assistant Town Administrator Peter Johnson-Staub, Executive Assistant to the Town Administrator Elizabeth Hartsgrove and Administrative Assistant Pamela Barnes. Their direction and management of the day-to-day operations as a team are remarkable. Respectfully submitted, Erik Tolley, Chairman Curt Sears, Vice Chair Tracy Post James H. Quirk Norman Holcomb 3 LICENSING LICENSES RENEWED 2011 2012 Annual Alcohol 54 54 Seasonal Alcohol 11 11 Entertainment 57 59 Automatic Amusement 48 38 Auto Sales 12 12 Pool Tables 6 6 Bowling 1 1 Fortune Teller 1 0 Mobile Vendor 5 5 Christmas Tree Sales 4 3 Yard Sale Permits 440 441 LICENSES APPROVED ON A CONSENT AGENDA 2011 2012 Special Alcohol 3 10 Special Entertainment 5 11 LICENSES APPROVED AT A PUBLIC HEARING 2011 2012 New Alcohol License 1 4 Alcohol License Transfers 2 2 Special Entertainment Licenses 2 6 Manager Changes 2 3 Change of Premise 1 2 New Entertainment Licenses 3 2 New Class II 1 Change of Corporate Name/Stockholders 1 GIFTS ACCEPTED BY BOARD OF SELECTMEN JANUARY – DECEMBER 2012 Building Department Total Simon & Bonnie Milberg $2,500.00 Total $2,500.00 Department of Public Works Total National Grid $14,971.62 Total $14,971.62 DPW - Streetlights Total Total Chris O'Brien $80.00 Paula Reese $80.00 Amy vonHone $80.00 John Eatough $80.00 Maureen Carser $80.00 Barbara Bennett $80.00 4 Peter DiPaolo $80.00 Helene Andreassian $80.00 Michael Larrabee $80.00 Eugenia Levins $80.00 Denise Brown $80.00 Rotary Club of Yarmouth $80.00 Diane Cooper $80.00 J. D. Devlin $80.00 William Mitchell $80.00 Kevin Perry $80.00 Robert Rich $80.00 Richard Sullivan $80.00 Patricia & Barry Egan $80.00 Claire & Gerard Seavone $80.00 Lawrence Furrer $80.00 Joseph Beninato $80.00 Dianne Duffy $80.00 Sandra Tannozzini $80.00 Gayle Cody $80.00 J.D. Devlin $80.00 Richard Leary $80.00 Elin Whiting $80.00 Michael & Linda Caruso $80.00 James Barberio $80.00 Joseph Maclelland $80.00 John Dalton $80.00 Cynthia Tye $80.00 Jerry Allee $80.00 Total $2,720.00 Fire Department Total Stella & Joseph Mulligan $100.00 Total $100.00 General Fund/Administration Total Tufts Health Plan $300.00 NARFE $100.00 Total $400.00 Historic Total Baxter Gristmill Replica $475.00 Judah Baker Windmill $167.00 Total $642.00 Libraries Total Total Phillip O'Leary $50.00 Denis Jennsen $25.00 Joyce Flynn $50.00 Craig Jennsen $25.00 Craig Johnson $50.00 Kirsten Danis $500.00 Muriel & Oliver Hallet $10.00 Robert & Sande Weiskopf $35.00 Courtney Williams $50.00 Nancy Stewart $50.00 Diane Quaid $150.00 TSL & SCL $100.00 Selma DaCosto & Francis Barbero $20.00 Kenneth Kurnow & Michelle Rosner $100.00 Carol Devir $35.00 Patricia Kowal $50.00 John & Patricia Creighton $100.00 Marcia Lucenta $50.00 Joan Frank $25.00 David Ansel $50.00 Jean Ward $50.00 Ann & James Nash $50.00 Burton & Margaret Frost $100.00 Cape Cod Cooperative Bank $500.00 Arthur Frost & Mary Lynn Springer $50.00 Linda Blum $200.00 Dennis-Yarmouth Newcomer's Club $100.00 Francis Lloyd $100.00 Marjorie Esselen Trust $100.00 Total $2,775.00 Natural Resources/Animal Control Total Maureen Vanginderen $25.00 Lexington Group $700.00 Don Costa $100.00 Mr & Mrs. William Monroe $25.00 Total $850.00 5 Police Department Total Total Various Donations $700.00 Nova Southeastern University $1,650.00 Estate of Wilhelmina I Gomes $5,003.52 City of Gardner $280.00 Town of Sandwich $99.00 Town of Millville $140.00 City of Methuen $297.00 Town of Norwell $280.00 Town of Falmouth $198.00 Town of Provincetown $290.00 Town of Marrapoisett $297.00 Town of Eastham $140.00 Town of Wareham $239.00 Town of Middleborough $280.00 Town of Dennis $99.00 Town of New Marlborough $140.00 Town of Grafton $99.00 Town of Sheffield $140.00 Barker $20.00 Town of Plymouth $198.00 Bartley $20.00 Town of Tisbury $280.00 Bono $20.00 Policeapp Comm $8,750.00 Callahan $20.00 Diane Amaducci $100.00 Colburn $20.00 City of Chelsea $150.00 Donnelly $20.00 Town of Westwood $150.00 Edmunda $20.00 Gerald McMahon $100.00 Gall $20.00 Town of Norton $300.00 Gillis $20.00 City of Brockton $198.00 Gow $20.00 Reardon $20.00 McCarthy $20.00 Sarkas $20.00 McLaughlin $20.00 Sullivan $20.00 O'Connell $20.00 Whittle $20.00 Perez $20.00 Stearns $20.00 Pleau $20.00 Ramsey $20.00 Total $21,017.52 Parks & Recreation Division Total Total Webster Collins $20,000.00 William McShane, Jr. $100.00 Dharma Merchant Services $61.00 Hyannis Ice Cream $100.00 United Way of MA $79.56 Deanna Desroches $100.00 Used Mooring $150.00 Jeremy Bogle $110.00 Anthony Germaine $100.00 Christopher Adamaitis $100.00 Daniel Cotto $200.00 William Reilly $75.00 Phil Cheney $200.00 Bob Reilly $75.00 Nicholas G. Xiarhos Memorial Fund $852.09 Mr. & Mrs. Anthony Jarek- Glidden $200.00 David Britton $100.00 Joseph Carty $200.00 Anthony Raggio-Cloutier Supply $100.00 D'Amico Family $2,500.00 Kevin Mellow-Ray & Sons Barber Shop $50.00 Karen Olander $200.00 Jim Roneau $400.00 James Rondeau $250.00 Clyde Taakala $801.50 Total $27,104.15 Parks & Recreation - Benches Total Total Janet White & Family $50.00 Suzanne Ellis $50.00 The South Yarmouth Association $50.00 Besty Gardner $50.00 Bass River Civic Association $50.00 Gerald Manning $50.00 Joan Puccini $50.00 Lillian O'Brien $50.00 Karen Tetreault $50.00 John Yosgandes & Theresa Mahoney $50.00 Brian Dubuc $50.00 Christopher Cotia, Trustee $50.00 Mary MacDonald $50.00 Total $650.00 6 Parks & Recreation - Boardwalk Plank Total Total A. M. Conway $150.00 John W. Marsh $450.00 Janice Martin $150.00 Jill Chapman $150.00 William G. Hinchey $600.00 Greg Yannaccone $150.00 Town Administration $25.00 Joe Fox $150.00 Marla Gonet $200.00 Constance Spohn $150.00 Corinne Martinage $150.00 Dr. Pippa Norris $150.00 Denise Preston $300.00 Patrick Wendell $350.00 Patricia Armstrong $300.00 Barbara MacLean $150.00 Eugene Galvagni $150.00 Priscilla Roberti $150.00 Rene Pecoraro $150.00 Patrick Palmer $150.00 Philip Greenhow $150.00 Carlton Davis $150.00 Clare Hipp $150.00 David & Janis Cahill $150.00 Louis Martinage $150.00 Judith Deskus $150.00 Joyce Paiskio $300.00 Joseph Campagna $150.00 Frank Richards $150.00 Mary Stevens $150.00 ERT Architects $450.00 Gloria Swanson $150.00 Gerald McMahon $150.00 Jacquelyn Boyden $150.00 Joan Cava $150.00 Susan Coppelman $300.00 Carlene Veara $150.00 Kristine Mallinson $150.00 Joseph Beninato $150.00 Trevor Meyer $150.00 Kendra McBride $300.00 Lisa Stewart $150.00 Gary Kimball $150.00 Kathleen Marquis $150.00 Susan Duenas/Bickford Health Associates $200.00 Joan Shostak/DY Education Foundation $175.00 Wayne Prince $150.00 Glenn Van Winkle $150.00 Cynthia Prince $150.00 John Powers $150.00 Mark Corliss/Spilt Milk Gallery $200.00 Hilary Deignan $150.00 Shirley Miller $150.00 James Hoben $150.00 Mary Barry $150.00 Brian Bowles $150.00 Donald & Rosemarie Merino $750.00 Cheryl Ryan $150.00 Andrea Douglas $150.00 Cynthia Watson $300.00 Heidi Gallo $150.00 Philip Santora $150.00 Shelia Patterson $150.00 Linda Pulaski $150.00 Jane Spallina $600.00 Margaret Moran $150.00 Megan Homer $150.00 Jackie Donohoe $150.00 Robert Henderson $150.00 Barry Kline $150.00 Michael Benvenuti $150.00 Jeffrey Senecal $150.00 Heather Vermette $150.00 Katherine Horgan $150.00 Elizabeth Adams $150.00 Joan Hawkins $150.00 Michelle Tremblay $150.00 Rebecca McGovern $150.00 Elizabeth Liuzzi $150.00 Eugenia Lewis $150.00 Jack Hoffman $150.00 Total $15,400.00 Parks & Recreation - Cemeteries Total James LagerGren $150.00 Joel LagerGren $150.00 Frank & Sandra Martines $25.00 Alice Boehler $200.00 Anita Caruso $30.00 Fred & Frances Jaros $25.00 Tom McGrath Family Trust $25.00 Elsie Vuilleumier $50.00 Total $655.00 7 Senior Services Total Total Joseph Guardino $1,509.00 Marion Johnson $50.00 Cape Cod Men's Club, Inc. $200.00 Richard Redding $50.00 The Garden Club $534.60 Helen Corrigan $20.00 Anonymous $1,877.00 Anne O'Brien $5.00 Margaret Taylor $332.00 Elizabeth Fitzmaurice $20.00 James O'Connor $220.00 Barbara Pike $10.00 Mid Cape Scrabble Club $150.00 Paul Howard $636.00 Shirley Sprague $25.00 Shirley Pike $84.00 Marcel A. LaRue, Jr. $100.00 Natalie LaFleur $150.00 Charlie Kelleher $100.00 Sarah Carpenter $30.00 Walter Forbush Med. Equip. $20.00 Susan McMahon $46.00 Irene Johnson $30.00 Maria S&F $20.00 Florence Coody $50.00 Mayflower Place $50.00 Ray O'Leary $20.00 American Legion $100.00 Linda Donovan $220.00 Medical Alarms, LLC $50.00 AA $180.00 Joan Minyard $25.00 Joan Mastricola $5.00 Margaret MacWilliams $25.00 Doris Hauser $100.00 Crafters & Quilters $360.07 Helga Savage $50.00 Overlook Visiting Nurse Assoc. $50.00 Carolyn Weeks $15.00 Joanne Burbank $50.00 Jean Jackson $88.70 Epoch $50.00 Helen Bollea $25.00 Herb Goodwin $20.00 Richard Ierardi $25.00 Karen LeBlanc $40.00 Marietta Fitzgerald $30.00 Comfort Keepers $50.00 Helen Preist $20.00 Radius Regency Operating LLC $50.00 Dorothy McFarland $25.00 Mary Clarke & Jane Clarke $25.00 Edward Lynch $30.00 Theresa Mahoney $100.00 Audrey Smith $25.00 Broad Reach of Chatham, Inc. $50.00 Jan Minyard $25.00 Thirwood Place $50.00 Christine Vadeboncour $10.00 I-Pad Classes $130.00 Edward Wojnar $20.00 June Carmel $50.00 David Gracy $20.00 Sit & Fit $25.00 Phil Barry $20.00 Julie Blanchard $25.00 Sandra White $50.00 FOYCOA $2,642.71 Barbara Young $75.00 Marlis Gallagher $25.00 Jean Saxton $50.00 Alice Bogus $20.00 Diana Day $50.00 Marialisa Corman $20.00 Cecile Fallows $80.00 Aubrey Groskopf $50.00 D.K. Yancey $25.00 Maureen Cox $25.00 Albert Demott $10.00 Frances Monick $25.00 Margrite Nye $25.00 Caroline Losowicz $25.00 Pamela Newman $35.00 Total $11,830.08 8 FINANCE COMMITTEE The economic downturn has had a dramatic effect on the Town’s operating budget. Decline in State funding and increases in the DY Regional School budgets have greatly affected our Town finances. Town leadership has taken positive steps in seeking new sources of revenue in order to keep property tax increases at a minimum, and avoid the need for overrides to meet necessary expenditures. Many reductions in staff personnel were necessary in order to deflect declining revenues and increases in health insurance and pension costs. Town Administration has taken creative steps to improve the fiscal stability of the Town by funding its stabilization fund, capital plan and free cash. Frugal spending and modest revenue growth helped the Town to succeed in FY12. Although an override was voted for in 2012 school funding, the current 2013 fiscal budget was passed without the need of an override and it is our goal to keep spending within revenue growth. In 2012 Bill Hinchey took over the position of Town Administrator. He has worked diligently with the Finance Committee, and we are thankful for his guidance and leadership. We are also appreciative of the assistance we have received from Peter Johnson-Staub for his input with our committee. In closing, we are deeply saddened by the death of our member Carol Serafino, who was so suddenly taken from us. She contributed greatly to our committee. Respectfully submitted, Jack Moylan, Chairman Cathy Romboli, Vice Chairman Betty-Jane Burkhardt, Clerk Phil Morris Dorothy Voelker Joe Goldstein Ed Noto Jessica Roberts CAPITAL BUDGET COMMITTEE Appointed by the Finance Committee, the Capital Budget Committee is charged with reviewing the capital improvement plan as submitted by the Town Administrator. The capital improvement plan described below pertains to fiscal years 2013 through 2022. It includes all capital projects funded from borrowing, free cash, enterprise funds, fire reserves, grants, and other funding sources. Staff support is provided by the Assistant Town Administrator, Peter Johnson-Staub. COMMITTEE METHODOLOGY AND FY2013 HIGHLIGHTS The criteria for a project to be included for review by the Capital Budget Committee are to have a minimum investment of $10,000 and a useful life of at least five years. The preparation of the plan begins with each division and department head submitting their requests ranked in priority order. Committee members are designated as liaisons to meet with each division and department head, at which time detailed justifications are presented, including additional data and visual inspections of equipment. The Committee meets regularly from September through March to review each request individually prior to voting its recommendations. The Committee has considered each and every capital item recommended for funding at the upcoming Annual Town 9 Meeting and we are confident that all of them are legitimate and deserving of our support as taxpayers. The Committee presented preliminary recommendations to the Finance Committee and the Town Administrator on November 29, 2011. Under Article 7 of the town meeting warrant, the Committee is recommending $1,496,000 for capital improvements from two funding sources: tax levy and general fund available funds -- i.e. free cash. This amount is more than double what was approved for the current year but is still less than the amount approved in 1986 on an inflation adjusted basis. Enterprise and special revenue funds continue to meet the needs of Water Division, Golf Division, and Transfer Station. Fire Department equipment needs are likewise able to be met with funds from ambulance receipts. Based upon the plan presented by the Town Administrator, the Committee is not recommending any borrowing for capital projects this year. LONG TERM OBSERVATIONS AND RECOMMENDATIONS The Committee wishes to acknowledge the vast amount of work that went into the re-structuring of the Yarmouth Capital Budget. Because of Town Administrator William Hinchey’s efforts, ongoing capital needs will be met through a combination of free cash and monies available within the levy limit. The multi-year plan calls for annual funding of $1.5 million for recurring capital items such as equipment replacement and building improvements and about $1 million for road work. Ultimately, the goal is to fund the combined total of $2.5 million within the levy limit – i.e. no borrowing and no reliance on free cash. Although only $100,000 is included for road work for FY2013, it was determined that road maintenance could be funded at this level for one year, with the understanding that sufficient monies would be made available in future years to maintain our normally excellent standard of road conditions. Accordingly, funds will be allocated on an “as needed” basis to maintain this standard. We expect that amount of money to be around $1 million in future years as we are committed to spending only what is needed based on independent engineering assessments of road conditions. This plan for future capital funding represents a dramatic improvement over the past few years. In 1986, $917,826 was approved for cash capital spending and for each of the succeeding 20 years capital spending hovered around $1 million. When adjusted for inflation, $917,826 in 1986 equates to $1,898,166 in 2012. Although the amount recommended for this year - $1,496,000 - is an increase over recent years, it still amounts to less purchasing power than what was approved in 1986. We believe that this Capital Plan avoids the fiscal crisis that is inevitable when basic capital needs are neglected for long periods of time. We look forward to working with the Finance Committee, the Board of Selectmen and the School Committee to address the challenges that lie ahead with respect to large borrowing items such as Public Works facilities and school renovations. Respectfully Submitted, Lu Matrascia, Chair Carol Wall, Vice Chair Sandra Blackman Joseph Goldstein Randall Stiffler Carlene Veara, Finance Committee Representative Chris Vincent, Planning Board Representative 10 TOWN ADMINISTRATOR We can perceive the glass as half empty, or we can perceive it as half full. The economic challenges which have gripped our country is not fully behind us, but we can see tangible evidence of recovery. We have the opportunity to incorporate what we have learned from our challenged into the actions we take moving forward. The Board of Selectmen for the last two years have established clear goals for our community. The municipal organization has focused upon the Board’s leadership directives. The result has been consistent progress towards those goals and the steady improvement of the quality of municipal services for the people of Yarmouth. The following list summarizes the Board’s goals for the Town: 1. Budgetary Restraint (within 2 ½) 6. Completion of Town Projects 2. Economic Growth 7. Public Safety 3. Quality Education 8. Environmental Quality 4. Affordable Housing 9. Capital Infrastructure 5. Customer Service 10. Recreation The Board of Selectmen have directed budgetary restraint in keeping with the fiscal restraint that we have all exercised as individuals during this economic downturn. The result has been leaner and more focused and directed municipal operation based more closely upon successful business principals. Within two budget cycles the Town will have secured funding for capital maintenance and improvements, restored an adequate level of reserves and yet kept its tax bills amongst the lowest in the Commonwealth. Additionally, the Town’s commitment to the proper maintenance and rehabilitation of its infrastructure remains strong as evidenced by the completion of the renovation on Route 28 of our former Police Station for use by the Department of Natural Resources and the Yarmouth Chamber of Commerce. The future prosperity of our community depends in large part upon the success of the Board directed economic development effort. At the Board’s urging and the direct result of renewed leadership of both the Planning Board and staff, the Town, this year, passed a comprehensive zoning initiative which should spur economic growth in Town, particularly in the newly defined village centers and along Route 28. The Board’s continued commitment to affordable housing, particularly along the major transportation route of Rt. 28 will assist in the Town’s economic development. The newly formed, inter-departmental hotel team has overseen the diligent enforcement of the Hotel bylaw which has also resulted in economic development along the Town’s main thoroughfare. The result of this economic development effort will be additional fiscal resources for the Town organization and an increase property value generally throughout the community. The business model should help sustain a continued affordable tax rate for Yarmouth residents. Yarmouth continues to provide regional leadership in environmental issues. As 2012 drew to a close the Town has developed plans to complete the major renovation to its regional Septage facility and lease for private operation its regional transfer station which will allow environmentally sound disposal of the mid and lower Cape’s solid waste. 11 Our commitment to public safety excellence continued unabated despite the intent to maintain a lean municipal operation. The Police Department pushes forward its goal to make Yarmouth the safest community on the Cape. Additional funding has been secured for the Fire Department which will enable the continued provision of professional emergency medical and fire service so important for our older local demographic. The provisions of quality education for the Town’s student in our D-Y School system has been positively affected by improved communication by the Board of Selectmen with our counterparts in Dennis. The D-Y enrollment has remained steady in 2012 stemming the tide of student population reduction that has lasted for a decade. Due to the continued strong leadership of the Board of Selectmen, the amazing dedication of hundreds of Town volunteers and a professional, dedicated Town workforce, Yarmouth continues to be a good, safe, affordable place to live, educate our children, vacation and invest. I am delighted to be able to serve our community and tackle the challenges ahead. Respectfully submitted, William G. Hinchey 12 2012 ELECTED OFFICIALS SELECTMEN Erik Tolley, Chairman 2015 Tracy Post 2013 Curt Sears, Jr. 2013 James Quirk, Jr 2014 Norman Holcomb 2015 E. Suzanne McAuliffe 2012 MODERATOR Daniel Horgan 2014 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE Richard Gegenwarth, Chairman 2015 Suzanne Courcier 2013 Leslie Peat 2017 James Liedell 2016 Stan Kaczynski 2013 Judith Recknagel, alternate 2013 DENNIS-YARMOUTH REGIONAL SCHOOL DISTRICT COMMITTEE Andrea St. Germain 2014 Stephen Edwards 2015 John Henderson, III 2013 John Poole 2014 YARMOUTH HOUSING AUTHORITY Maryann Walsh 2017 Bambi Rosario-Wyatt 2013 John Reed 2015 Niall Hopkins 2016 Edward Blackman, State Appointee 2013 2012 COMMITTEES AFFORDABLE HOUSING TRUST Robert C. Lawton, Jr. Chairman 2013 Curt Sears 2012 Tom Roche, CPC Rep 2013 Mary Ann Gray, CHC Rep 2012 Sharon Ladley, resigned AGRICULTURAL COMMITTEE Nancy Cavanaugh, Chairman 2013 John Holbrook 2014 Thomas Howes 2014 Charles Adams 2015 Sarah Fitzsimmons 2013 Martin Rivero, resigned BARNSTABLE MUNICIPAL AIRPORT REPRESENTATIVE Bob Howard 2015 BOARD OF APPEALS Steven DeYoung, Chairman 2014 Bob Palmer 2013 Joseph Sarnosky 2017 Sean Igoe 2016 Debra Martin 2013 ALTERNATES Richard Neitz 2013 Bob Howard 2013 Gerald Garnick 2013 John Richards 2013 ZONING ADMINISTRATOR Joseph Sarnosky 2013 BOARD OF ASSESSORS Joseph Sullivan, Chairman 2013 James Carroll 2012 John Serijan 2014 13 BOARD OF HEALTH Tanya Daigneault, Chairman 2015 Evelyn Hayes 2014 Hillard Boskey, MD 2013 Mary Craig 2014 Charles Holway 2013 Brian Braginton-Smith, resigned BOARD OF HEALTH INSPECTOR OF ANIMALS Marilyn McIntyre, Inspector 2013 Karl vonHone, assistant 2013 Bruce Murphy, assistant 2013 Phil Renaud, assistant 2013 Don McIntyre, assistant 2013 BOARD OF REGISTRARS Donna M. Clifford, Chairman 2015 Ted Weissberger 2013 Sandra Clifford 2013 Jane Hibbert, Town Clerk 2013 Benajmin Pihl, resigned CABLE ADVISORY COMMITTEE Gerald McMahon, Chairman 2014 Robert Edwards 2014 Harris Contos 2013 Alice Bowen 2013 Robert Milne 2012 CAPE COD COMMISSION REPRESENTATIVE Jack McCormack 2014 CAPE COD COMMISSION BIKEWAYS & REGIONAL TRANSPORTATION COMMITTEE George Allaire 2012 Richard deMello, alternate 2012 COMMUNITY ECONOMIC DEVELOPMENT COMMITTEE Peter Smith, Chairman 2013 Tom George, Clerk 2014 Bob DuBois 2014 John Barker 2012 Jack McCormack 2015 Jack Hynes 2013 Ken Driscoll 2013 COMMUNITY HOUSING COMMITTEE Alan Aarons, Chairman 2012 Mary Ann Gray, Vice-Chairman 2012 Edward Blackman 2012 Nathan Small 2014 Michael Nardone 2014 Debbie Bellows 2013 Scott MacLean 2012 Olivia Reis 2014 Norman Weare, Planning Board rep 2012 COMMUNITY PRESERVATION COMMITTEE Gary Ellis, Chairman 2014 Tom Roche, Vice-Chairman 2015 Mary Ann Walsh, Clerk 2013 Dorcas McGurrin 2015 Jack Mulkeen 2015 Tom Kelley 2014 Nathan Small 2014 Fred Fries 2013 Hugh March 2013 CONSERVATION COMMISSION David Flaherty, Chairman 2015 Ed Hoopes, Vice Chairman 2013 Joan Carr 2015 Gerard Duffy 2014 Hugh March 2013 Thomas Durkin, Jr. 2014 Philip Johnston 2014 CULTURAL COUNCIL Elaine Skoler 2012 Cheryl Harmon 2013 Airline Lowenthal 2015 DESIGN REVIEW COMMITTEE Richard Martin 2012 Sara Porter 2012 Jack McCormack 2012 Charles Adams 2013 Tom DiPersio 2013 14 ENERGY COMMITTEE Steve Gavin, Chairman 2013 Jack Howard 2012 Joyce Flynn 2014 Robert Palmeri 2014 Frank Deshaies 2013 Marilyn Holle 2012 Steven Krintzman 2014 Sandra Cashen 2014 John Weiss 2012 ______________________________________ BARNSTABLE COUNTY COMMITTEES DREDGING ADVISORY COMMITTEE HOME CONSORTIUM COMMITTEE Richard Carroll 2014 HUMAN RIGHTS COMMITTEE WASTE MANAGEMENT ADVISORY COMMITTEE Rob Angell 2012 _____________________________________ FINANCE COMMITTEE John Moylan, Chairman 2015 Cathy Romboli, V Chairman 2014 Betty-Jane Burkhardt, Clerk 2013 Dorothy Voelker 2014 Phil Morris 2015 Edward Notto 2014 Jessica Roberts 2013 Joseph Goldstein 2013 Carol Serafino, deceased Norman Holcomb, resigned Bill Bastian, resigned Carlene Veara, resigned GOLF ENTERPRISE COMMITTEE Andrew Martin, Chairman 2014 John Reeve 2014 Sherman Baldwin 2013 George Keefe 2015 Chris Capobianco 2013 Betsy Palmer 2014 Jim MacNeill 2015 Wayne Kivi, Alternate 2013 HISTORICAL COMMISSION Nancy Stewart 2014 Gina Lombardi 2014 Barbara Beeler 2013 Frederick Fries 2014 Julie Mockabee 2012 James Goldberg, Associate 2013 Dorothy Caprera, Associate 2013 Gloria Smith, deceased INVESTMENT COMMITTEE Bob Harding John Henderson Andy Knowles Sue Milne, Finance Director Irene Wright, Town Treasurer MEMORIAL DAY COMMITTEE Maureen Tuohey-Bedford PARKER’S RIVER MARINE PARK COMMITTEE Robert Churchill, Chairman Richard Bilski, V. Chairman Brad Goodwin Gerald Manning Richard Egan Harvey Wright Keith Kesten Barbara Malcolm Socrates Mitrokostas Carol Meade George Lucier Bob DuBois Paul McBride Joe Tierney Peter Slovak Karl vonHone, staff advisor 15 PERSONNEL BOARD Betty-Jane Burkhardt, Chairman 2013 Sharon Ladley 2013 Alice Bowen 2012 John Moylan 2015 Tom Nickinello 2014 PLANNING BOARD Thomas Roche, Chairman 2014 Tom Di Persio, V-Chairman 2015 Ken Driscoll 2014 Chris Vincent 2013 Norman Weare 2013 Brad Goodwin 2015 John Shea, resigned PRECINCT WORKERS NAME PARTY NAME PARTY ALBEE, M. JOAN U COX, MARION (2) U ANDERSON, MARILYN H R COX, MAUREEN D ANNESE, MARY D DAVIES, MARY (5) U ATKINS, THERESA A D DESISTO, PAUL U BARCROFT, RALPH U DESISTO, SHARON CLK 5 U BARRY, JOSEPH L D DOHERTY, JEAN (4) D BARRY, MARY E D DUNSING, PATRICIA (2) D BENT-KING, BARBARA U DUVERGER, FLORENCE WARDEN 2 D BOGUS, ALICE B. D EATON, JOAN R BOUCHARD, MARILYN U ECKLAND, ANNA P. U BRETON, ELIZABETH A U EDWARDS, PATRICIA D BURKHARDT, BETTY-JANE D FLAHERTY, MARGARET M. D BURTON-GORMAN, CAROL D FRANCE, NORMANDIE U CANNIFF, MARIE (5) D FREDERICKS, RUTH M. (2) U CANEPA, MELINDA U GABRICK, MARGUERITE D CANTARA, ARTHUR H D GARRITY, FLORENCE M (2) D CARPENTER, JOYCE R GARRAMONE, BARBARA D CARROLL, JANE R GORDON, CAROL A (1) R CELLI, MARY R U GORMAN, ROBERT U CHAPMAN, ROBERT WARDEN(3) D GRANDER, FRANCES (1) U CLARK, DEBORAH D GRIFFIN, PHILOMENA WARD.7 D COLLINS, MARY F D GRIFFIN MARILYN E. U CONLEY, MARY D GUERRA, MARIANNE V D HANSON, RICHARD N. R MCCAFFREY, DOROTHY U HASTE, M. PATRICIA U MCGOWAN, MADELINE M D HAUTANEN, DAVID R MCGOWAN, MARY C U HAYES, PATRICIA T.1/2 Days 6-1 U MCGRATH, PAULA T. U HOLMES, KATHLEEN D MCPHERSON, MARGARET E U HOLMES, LAWRENCE R D MEADE, NANSE A D HOWARD, JOHN H R MILLER, ROBERT N (1) R HUBENER, JUDITH A U MILLER, SHIRLEY (1) U ISADORE, ROBERT D MIRISOLA, FRANCIS U JASIE, JEAN C (1) U MIRISOLA, HELEN F U JASIE, JR. JOSEPH C. U MONAHAN, PATRICIA D JASON, ROBERT A. R MORSE, MARYANNE R JOYCE, MARY D. D MOSHER, KIMBERLY S U KAISER, JAMES U MURPHY, RITA D KAISER, KATHLEEN U MURRAY, JANET (6) R 16 RECREATION COMMISSION Dorcas McGurrin, Chairman 2013 Debbie Clark, V-Chairman 2015 Will Rubenstein 2014 Beth Hollister 2013 Bob Majewski 2012 WATERWAYS/ SHELLFISH ADVISORY COMMITTEE Robert Churchill, Chairman 2013 George Lucier 2012 Elinor Lawrence 2012 Al Keller 2013 KATES, LORE U MURRAY, NEIL H. (6) R KILGALLON, SALLY A U NEJAIMEY, NAN E (5) D KIRKPATRICK, BARBARA R NEJAIMEY, JAMES E WARD. (5) D LABAND, BARBARA G U NELSON, CAROL U LAMOUREUX, DONALD F D NEWHOUSE, VIRGINIA D LAMOUREUX, MARY ELLEN D OPPEDISANO, LINDA M U LANCASTER, NANCY E. 1/2 DAYS R O'RIORDAN, PATRICIA D LANCIANI, LOUISE R OTTERY, GEORGE U LATTINVILLE, MARGARET D PALMER, BRYANT WARDEN (6) R LEWIS, ANN L. D PALMER, PATRICIA R LEWIS, GEORGE C. U PARISI, GRACE U LEWIS, VIRGINIA M. D PELLEGRINI, JANET U LONERGAN, GEORGE W. U PELLEGRINI, JR. JOHN L. U LONERGAN, MARGARET A. U PERRY, ELEANOR D D LORING, CHARLOTTE U PHILLIPS, PAULA U LOVELETTE, JANE B. (2) R PIGNONE, FRANCIS D D LYNCH, MARIE R U PIHL, RUTH G. CLERK (2) R LYNCH, RICHARD J U PROCACCINI, ERNEST U LYNES, DIANE 1/2 DAYS 6-1 D PULEO, JR. JOHN A.DPY.CLK (4) D MACDONALD, BARBARA C R PULEO, KAREN F. R MACASKILL, MARGARET R PULLEN, MARI ANN B R MACISAAC, MARY G U QUIRK, JOANNE WARDEN (2) D MACHUNSKI, JANET K D QUIRK, ROBERT E. (2) D MACKECHNIE, EDITH M R REIS, JOAN CLK.(6) U MACNEIL, JEAN R (2) D REIS, OLIVIA C. R MACWILLIAMS, CAROLYN CLK.(5) R RIPLEY, ELIZABETH B (4) R MAHONEY, EILEEN R ROBINSON, VIRGINIA M U MAINI, EDWARD J U SABULIS, BARBARA J U MALLOY, CHARLES A D SARNOSKY, ELIZABETH A U MANCHUK, MADELINE CLK.P.7 R SCHIRCH, SHIRLEY U MANEELY, JOAN A D SCHOMP, MARIE R MARTINELLI, JUDITH U SHALHOUB, ROGER E U MATHEWS, JANET (3) U SHAYLOR, ROSE U MAYHEW, JO A U SIMON, LINDA B U MAZZUR, JESSIE (3) D SMITH, AUDREY L R SMITH, BEVERLY F U VACARO, MARY T D SORENSEN, SHEILA A U VARROS, MARY C R STANLEY, VIRGINIA (3) R VELASCO, DAVID B D STRIEBEL, CHARLOTTE WARD.(3) R WALLACE, CAROLYN D STRIEBEL, VERNON L.JR..(3) R WESTON, LORRAINE C R SULLIVAN, VIVIAN E. U WEEKS, CAROLYN H U TAYLOR, MARY ANN WARD. (4) R WHITE, MARILYN J (3) R TRZCINSKI, ANN (2) R WHELAN, BARBARA A D 17 Mary Beth Capobianco 2013 Joshua Medeiros 2014 RECYCLING AND SOLID WASTE ADVISORY COMMITTEE (RASWAC) Joseph R. Sarnosky, Chairman 2012 William Wade 2012 Andrea Adams 2011 Michael Britz 2014 Charles Spooner 2012 Frank Martinez 2014 Rob Angell Barbara Benoit, Recording Secretary SCHOLARSHIP FUND COMMITTEE John Mincieli, Chairman 2013 Sandy Rubenstein 2012 Thomas Kerr 2014 Anne Grazewski 2011 Carol Woodbury, School Supt. VETERANS SERVICE AND BURIAL AGENT Ed Merrigan 2013 Brad Hall, alternate 2013 John Stuart, alternate 2013 John Lee Marchildon, alternate 2013 Joe Tierney, resigned Karl vonHone, advisor Conrad Caia, advisor Doris Menard, Recording Secretary WOODS HOLE, MARTHA'S VINEYARD & NANTUCKET STEAMSHIP AUTHORITY REPRESENTATIVE James Hall, Alternate Representative YARMOUTH LIBRARY BOARD Harris Contos, Chairman 2013 Charyn Tietge, V Chairman 2013 Sally Guadagno, Secretary 2014 Robert Milne 2014 Helen Niedermeier 2015 Janet McDowell 2015 Katherine Delaney 2015 Sandra Femino, resigned MODERATOR APPOINTMENTS FINANCE COMMITTEE APPOINTMENTS CAPE COD REGIONAL TECHNICAL HIGH SCHOOL COMMITTEE Arthur Schirch 2012 Nancy McLean 2015 Jerry Sullivan, deceased CAPITAL BUDGET COMMITTEE Lu Matrascia, Chairman 2013 Carol Wall 2012 Sandra Blackman 2012 Joseph Goldstein 2015 Randall Stiffler 2015 Phil Morris, FinCom Rep 2013 Chris Vincent, Planning Bd Rep 2013 TOWN CHARTER APPOINTMENTS OPEN SPACE COMMITTEE Jack Mulkeen 2015 John Grebe 2015 Heather McElroy 2013 Mary Herberich 2014 Rick Bishop 2013 HARBORMASTER Karl vonHone ANIMAL CONTROL OFFICER Richard Nelson ASSISTANTS Patricia Cunningham Emily Baker Jessica Pearson Faith Phillips SHELLFISH CONSTABLE Conrad Caia 18 ASSISTANTS William Bonnetti Conrad Caia Steven Raneo Lee Marchildon Elinor Lawrence Alan Hibbert Raymond Kittila Eric Raiskio Ed Tierney John Coughlan Ted Marchildon Eric Cruz Thomas Lincoln, Jr. Mark Finni, Jr. Christopher Plummer Gregory Nickinello Peter Markarian Thomas Reynolds Timothy Parsons Dimitros Missios CALL FIREFIGHTERS Edward Miller FF Dimitrios Missios Lieutenant Chase Caruso FF Nicholas Napolitan FF David Caruso FF Shawn Ricard FF Michael Medeiros FF Alex Theoharidis FF Robert Reardon TRA William Carter FF Gaynor Foster FF Matthew Kane FF Peter McDonald FF Sean Sullivan FF DEPUTY SHELLFISH CONSTABLES Karl vonHone William Bonnetti Steven Raneo Bradford Hall Allan Hibbert Raymond Kittila Elinor Lawrence Lee Marchildon Eric Raiskio Ed Tierney SPECIAL POLICE Dennis Police Officer Patrick McCaffrey KEEPER OF THE LOCK UP Frank Frederickson DETECTIVES Sgt. Charles Peterson Russell Giammarco Eric Nuss Christopher Kent Steven Renzi Gordon Gibbons AGENT OF THE LICENSING AUTHORITY Chief Frank Frederickson Deputy Chief Steven Xiarhos Lieutenant Kevin Lennon Lieutenant Michael Bryant Lieutenant Patrick Carty Sgt. Gerard Britt Sgt. Francis Hennessey Sgt. Andrew O’Malley Sgt. Walter Warren Sgt. Thomas Hennessey Sgt. John Fallon Sgt. Kalil Boghdan Det. Sgt. Charles Peterson Sgt. Christopher McEachern Fire Chief Michael Walker Deputy Fire Chief Philip Simonian Health Agent Bruce Murphy Building Commissioner Mark Grylls Bill Stone, Building Department Kenneth Bates, Building Department Andrew Arnault, Building Department 19 20 TOWN RECORDS 21 TOWN CLERK AND BOARD OF REGISTRARS The Town Clerk’s office continues to be the focal point of Town Hall activity concerning the information provided to customers. We continue to be busy; in January the clerk’s office is issuing beach stickers, disposal stickers, shellfish licenses (which can be purchased online) along with providing sales dog licenses, and numerous other services. We have processed a significant number of passports, a service we have been providing since 1998. The passports are issued at the Assessor’s Office. The Town Clerk’s Office will no longer be selling fishing and hunting license they can be purchased at Riverview Bait and Tackle on Route 28, South Yarmouth or on line at www.mass.gov/dfwele/licensing/index.htm The Clerk’s office had four elections this year and two Town Meetings, Presidential Primary was held on March 6, 2012, Annual Town Meeting was held on April 2, 2012, Annual Town Election was held on May 15, 2012, State Primary was held on September 6, 2012, Special Town Meeting was held on October 22, 2012, State Election was held on November 6, 2012 and the Old King’s Highway Election held on November 13, 2012. The preparation and mailing of the Annual Census forms were once again done by an outside vendor, at a reasonable cost and a substantial savings of in house hours. The prompt return of the census is encouraged as the results of the census affect many of the Town’s concerns. The Clerk’s office continues to computerize many of its functions. This enables us to serve our customers more quickly and efficiently. There was an increase in the Town’s population in 2012. There were one hundred thirty two (132) more residents which is an increase of 1% over last year. There was an increase in the number of active voters by seven hundred fifty six (756) which is 9.5% during 2012. I would like to take this opportunity to thank all department heads, elected officials, election workers, town employees, and especially my staff for their efforts and co-operation in making the year a successful one for our office. Respectfully submitted, Jane E. Hibbert, CMC/CMMC Town Clerk Prec.1 Prec.2 Prec.3 Prec.4 Prec.5 Prec.6 Prec.7 Total Active Voters 2578 2750 2120 2466 2227 2384 2948 17473 Inactive Voters 69 91 116 77 64 127 60 604 Non-Voters 389 289 247 384 367 254 346 2279 Total Residents 3036 3130 2483 2927 2658 2765 3354 20353 22 TOWN CLERK ANNUAL REPORT Street Listing Books & Voting List $160.00 Police Fines $1,200.00 Raffle/Bazaar Permits $190.00 Computer List and Disk $360.00 Miscellaneous Licenses and Permits $2,390.00 Passport Fees $7,400.00 Business Certificates & Withdrawals $4,575.00 Garden Plot/ Community Garden $695.00 Certified Copies of Birth, Marriages and Deaths $21,130.00 Beach Sticker $289,708.00 Marriages Intentions $3,725.00 Disposal Sticker $991,260.00 Miscellaneous Town Clerk $10.00 Beach Fines $430.00 Photo Copies $1,945.04 Shellfish Permit $27,460.00 Golf Teaching Permits $400.00 Zoning By-Law, Regulations, Zoning Maps $136.00 Court Fines $575.00 Sub-Total (A) $1,353,749.04 Dog Licenses # Issued Type Total 2012 91 Female Dog Licenses at $20.00 $1,820.00 136 Male Dog Licenses at $20.00 $2,720.00 1128 Spayed Female Dog Licenses at $10.00 $11,280.00 1004 Neutered Male Dog Licenses at $10.00 $10,040.00 4/17 Issued Commercial License & Multi Pet Permit at $50.00/$60.00 $1,220.00 9 Duplicate Tags at $5.00 $45.00 1 Transfer at $1.00 $1.00 Late Fees on Dog Licenses $3,750.00 Sub-Total Dogs (B) $30,876.00 Total Amount turned over to the Town (A+B) $1,384,625.04 2012 BIRTHS Births are no longer published in the Town Report due to the passing of the Acts and Resolves of Massachusetts 1991 which prohibits the sales or distribution of the names of children under the age of seventeen. The total number of births in the Town of Yarmouth in 2012 was 157. Number of Births 2010=167 2011=123 2012=157 2012 MARRIAGES January 3 Carlos Henrique Pereira of Yarmouth, MA to Ruth Susanne Hunter of Yarmouth, MA 7 Mary Kathryn Lewis of Yarmouth, MA to Michael Wesley Jones of Yarmouth, MA 12 Maria Zenaide Alves Bezerra of Yarmouth, MA to Jose Maria Oliveira Miranda of Yarmouth, MA 8 Matthew Richard Wienbarg, Plymouth, MA to Tsvetelina Krumova Ivanova of Yarmouth, MA 10 Francis Robert Barberio, III of Yarmouth, MA to Selma Helena Santos DaCosta of Yarmouth, MA 22 Bishnu Gurung of Yarmouth, MA to Tsering Chhonzom of Yarmouth, MA 24 Richard Edward Heslin of Chelmsford, MA to Sonja Strydom of Yarmouth, MA 29 Robert Allen Parker, Jr. of Batavia, OH to Marleen Marie Nikole of Batavia, OH February 23 March 3 Daniane Araujo Miranda of Brewster, MA to Nielson Bruno Dos Santos Paula of Yarmouth, MA April 6 Jennifer Ann Mendoza of Yarmouth, MA to Courtney Dean Williams of Yarmouth, MA 13 Cristina Sofia Sempé of Yarmouth, MA to Alexander Aleman of Yarmouth, MA 19 Charles Craig Vance of Yamouth, MA to Krystal Lynne Gonyer, of Yarmouth, MA 20 Bambi Sharon Rosario of Yarmouth, MA to Randy Willard Wyatt of Yarmouth, MA 21 Damian Alexander Pareseau of Yarmouth, MA to Jennifer Frances Searles of Yarmouth, MA 21 Michael Aaron Murphy of Yarmouth, MA to Heather Louise Nelson of Yarmouth, MA 22 Armagan Kokturk of Barnsatble, MA to David Louise Angelone of Yarmouth, MA 28 Naki Lynn Histed of Yarmouth, MA to Sheri Lynne DiVittorio of Yarmouth, MA 28 Kelsey Louise Horgan of Yarmouth, MA of Jhonatas Sahfe Santos Ribeiro of Yarmouth, MA May 5 Amanda Ann Scammon of Barnstable, MA to Martina Sablaturova of Brno, Czech Republic 8 Bronco Joseph Horvath of Yarmouth, MA to Flora Wilhelmena Andresen of Yarmouth, MA 12 Daniel Christopher Lynch of Yarmouth, MA to Kevin Michael Karras of Yarmouth, MA 12 Carol Wareing of Yarmouth, MA to Richard Charles Robinson of Yarmouth, MA 19 Zelda Leigh Gonet of Yarmouth, MA to Christopher Nelson Bergstrom of Yarmouth, MA 19 Sarah Elizabeth Merrill of Norwalk, CT to Ralph Frank Mercurio of Norwalk, CT 20 Wynsor Conway Liberty of Yarmouth, MA to Linda Jean Maloney of Praire Village, KS 20 Sandra Jean Plausky of Concord, MA to David Charles Curnick of Roslindale, MA 23 Gyulfeya Halilova Kardzhalieva of Yarmouth, MA to Dimosthenis Kapoukranidis of Yarmouth, MA 24 Thomas Alan Mitchell of Yarmouth, MA to Paula Verônica Santos Vicente of Yarmouth, MA 26 Thomas Ryan Harrison of El Paso, TX to Shannon Elizabeth Avery of Tyngsboro, MA 29 Brian Paul Janik of Yarmouth, MA to Marjorie Klee Heintz of Yarmouth, MA June 1 Joy Barbara Lilley of Yarmouth, MA to Richard Charles Martin, Jr. of Yarmouth, MA 2 Alvaro Robert Avila of Yarmouth, MA to Tatum Elizabeth Stewart of Yarmouth, MA 8 Amanda Atsalis Rodriguez of Yarmouth, MA to Peter Sarg Falanga of Yarmouth, MA 8 Linda Lee Marshal of Yarmouth, MA to Eronildo Ferreira Meira of Yarmouth, MA 12 Carlos Nascimento Miranda of Yarmouth, MA to Lelivone Marcia Ferreira of Yarmouth, MA 15 Francis Arthur Macro of Yarmouth, MA to Kara Kerr Goeldner of Yarmouth, MA 15 Mara Caitlin Gould of Pembroke, MA to Sean Monaghan of Birmingham, UK 17 Patrick Alden Raymond Andrews of Phoenix, AZ to Valerie Monique Tamayo of Phoenix, AZ 22 Christopher Lawson Graves of Yarmouth, MA to Aksiniya Hristova Hristova of Yarmouth, MA 22 Jonathon Patrick O'Leary of Yarmouth, MA to Kori Elizabeth McGrath of Yarmouth, MA 23 Nathaniel David Nasman of Yarmouoth, MA to Marina Choub of Barnstable, MA 23 William John Howell of Yarmouth, MA to Aimee Eileen Sprague of Yarmouth, MA 25 Eric David Luftman of Nashville, TN to Lauren Michelle Plummer of Nashville, TN 29 Tricia Lee Leonard of Yarmouth, MA to Christopher Jason Botelho of Yarmouth, MA 29 Kevin Patrick Morrissey of Medford, MA of Ashley Tara Mondello of Medford, MA 30 Leonid Raul Bravo Estrella of Yarmouth, MA to Kristie Lee Pearson of Chatham, MA 29 Kevin Patrick Morrissey of Medford, MA of Ashley Tara Mondello of Medford, MA 30 Leonid Raul Bravo Estrella of Yarmouth, MA to Kristie Lee Pearson of Chatham, MA 24 July 1 Amanda Caitlin Spearin of Yarmouth, MA to Joshua Lawrence Wilbar of Yarmouth, MA 5 Shelie Lynn Levertt of Haslet, TX to Sunni Lynn Johnson of Haslet, TX 6 Heather Marie Philot of Arlington, VA to Michael Frank Pepe of Arlington, VA 7 Michael Robert Cuff of Yarmouth, MA to Elaine Marie Franke of Yarmouth, MA 20 Sean Patrick Harrington of Yarmouth, MA to Kerry Ann Russas of Yarmouth, MA 21 Christine Ann Petrillo of Yarmouth, MA to Thomas James Potts of Yarmouth, MA 21 Linda Crawford of Yarmouth, MA to Gilomore Gordon Cooke of Yarmouth, MA 21 Nathan John Cassidy of Barnstable, MA to Brianna Hedderig of Barnstable, MA 27 Harvey Cohen of Yarmouth, MA to Christine Pollard Young of Yarmouth, MA 27 Keri Elizabeth Joy of Brookline, MA to Robert Jason Gould of Canton, MA 27 Jesse John Tanguay of Yarmouth, MA to Nicole Marie Diesso of Yarmouth, MA 28 David Walter Grabberr of Yarmouth, MA to Jennie Ann Daley of Yarmouth, MA August 5 Julie Ann Greenspon of Yarmouth, MA to Izaqueu José Siqueira of Yarmouth, MA 9 Shayne Marie Gaston, Wynantskill, NY to Robert Harvey Isby, Jr., of Wynantskill, NY 10 Lindsay Blaire Halbert of Yarmouth, MA to Christopher Matthew Conlon of Yarmouth, MA 10 Steven deLange Bennett of Yarmouth, MA to Nancy Ann Brown of Yarmouth, MA 11 Michelle Marie Fowler of Yarmouth, MA to Steven Eric Sylvia of Yarmouth, MA 11 Carmen Lydia Navarro of New Britain, CT 06051 to Michael Daniel Ellison of New Britain, CT 16 Julio Ceaser Medina of Yarmouth, MA to April Ann Henke of Yarmouth, MA 18 Casey Lynn Ellsworth of Yarmouth, MA to Johnatan Aranjo Alemao of Yarmouth, MA 24 Shane Michael Toner of Dennis, MA to Harmony Cirese Longobardi of Dennis, MA 25 Tracy Nicole Lindholm of Yarmouth, MA to Eric Grant Nee of Yarmouth, MA 26 Jean Alice Mitchell of Yarmouth, MA to Glenn Joseph Martin of Yarmouth, MA September 8 Matthew Thomas Lipton of New York, NY to Kristen Lee St. Martin of New York, NY 8 Laura Rush McCormack of Waterbury, CT to James Edmund Delgado of Yarmouth, MA 8 Andrea Lynn Goggin of Quincy, MA to Michael William Reardon of Quincy, M 12 James Harrison Galvin of Yarmouth, MA to Jessica Anne Rais of Yarmouth, MA 15 Jennifer Lynn Stacy of Yarmouth, MA to Alexander Francis Gounaris of Yarmouth, MA 15 Robert Edward Flynn of Yarmouth, MA to Bonnie Dee Marshall of Yarmouth, MA 15 Sarah Lizbeth Haskell to Fort Lauderdale, FL 33304 to Christian Ryan Egger of Fort Lauderdale, FL 15 Todd Yates Gosselin of Yarmouth, MA to Masa Marie Dexter of Yarmouth, MA 16 Edward Charles Brousseau of Yarmouth, MA to Ana Paula Nascimento Conceicao of Yarmouth, MA 21 Jefferson A.berto Ferreira of Yarmouth, MA to Victoria Anne Gonet of Yarmouth, MA 21 Renee Floyd Tillett of Fort Mill, SC to Judy Ann King of Fort Mill, SC 22 Clarena Ann Egan of Norwell, MA to Glen Joseph Aiello of Yarmouth, MA 22 John Sershen of Meshoppen, PA to Helen Marie Kleinbauer of Meshoppen, PA 23 Pedro Alcantara Silva of Yarmouth, MA to Marilza De Oliveira Baldoino of Yarmouth, MA 29 Shawn Geggory Scola of Yarmouth, MA to Emily Bachert of Yarmouth, MA 30 Eileen Patricia Pecci of Yarmouth, MA to Robert John Skiver of Yarmouth, MA 25 2 Matthew Paul Chapman of Haverhill, MA to Michelle Margaret Cash of Yarmouth, MA 4 Dawn Michelle Martin of Gilbert, AZ to Daniel Edward Croft of Gilbert, AZ 6 Kimberly Ann Grover of Ypsilanti, MI to Julia Ann Stransky of Ypsilanti, MI 7 Shaun Casey Harris of Yarmouth, MA to Emily Rose St. Pierre of Yarmouth, MA 7 Fred Aristides Bonnelly of Sandwich, MA to Ana Girnet of Sandwich, MA 8 Angelique Rose Kelley of Yarmouth, MA to Jeffrey Robert Viamari of Yarmouth, MA 9 Meredith Mayforth Constant of Dade City, FL to Kevin Joseph Plunkett of Dade City, FL 9 Karthik Ravikumar of Yarmouth, MA to Jennifer Gray Lane of Yarmouth, MA 15 Andrew Thomas Alamano of San Francisco, CA to Lynn Anne Kamen of San Francisco, CA 15 Brian Michael Nelson of Barnstable, MA to Cheryl Lee Stewart of Barnstable, MA 22 Heather Jean Gramlich of Yarmouth, MA to Kevin Andrew Perry of Yarmouth, MA 29 Brian Douglas Basler of Yarmouth, MA to Marcy Lenore Desovich of Yarmouth, MA November 2 Oscar B. De Jesus Martinez of Yarmouth, MA to Kirsi Alfonsina Franco Reyes of Yarmouth, MA 14 Anthony Matthew Dimonte of Yarmouth, MA to Ecaterina Starsia of Yarmouth, MA 16 Lauren Elizabeth Tanca of Yarmouth, MA to Juber Chaves Coelho of Yarmouth, MA 19 Aramavis Melikyan of Yarmouth, MA to Yanina Nikitenko of Yarmouth, MA 19 Vanderley Jose Pimenta of Yarmouth, MA to Aparecida Carla McCarthy of Yarmouth, MA 23 Veronica Marie Smith O University Place, WA to Michael Dennis Mitchell of University Place, WA 24 Julie Ann Foster of Dennis, MA to Gustavo Colla Pereira of Yarmouth, MA 25 William Joseph McNamara of Yarmouth, MA to Ivone Aparcida Ferrari of Yarmouth, MA December 1 Henry Ralph D'Amelia of Yarmouth, MA to Jane Marie Young of Yarmouth, MA 1 David William Matsis of Yarmouth, MA to Darlene Jeanne Saba of Yarmouth, MA 1 Meghan Elizabeth O'Dell of Yarmouth, MA to Seth Reuben Jones of Yarmouth, MA 8 Lauren Elizabeth Keefe of New York, NY to Douglas Woodward Jones of New York, NY 22 Tyler John Caron of Conway, MA to Sharon Lindsay King of Conway, MA 27 Christine Kalogiron of Yarmouth, MA to Periklis Christou of Yarmouth, MA 27 Weston Warren Smith of Yarmouth, MA to Claudia Trautmann of Yarmouth, MA 27 Robert Scott Hamilton of Yamouth, MA to Suzanne Lee Meyer of Yarmouth, MA 28 Humberto Angelo Miranda of Yarmouth, MA to Stephanie Dulce Tejada of Hudson, MA 29 Kathleen Mary Zimmerman of Yarmouth, MA to William Russell Macdonald, Jr. of Yarmouth, MA 30 Alisha Lord Semprini of Yarmouth, MA to Christopher Paul Kelly of Kingston, MA October 26 2012 DEATHS JANUARY Day Name Age Day Name Age 1 Malcolmson, Stanley Thomas 96 19 Moore, Patricia L. 71 2 VanHauer, Ann 53 19 Howland, Winifred Goodell 94 3 Raczka. David Charles 54 19 Harney, Rita K. 78 6 Keary, Daniel Shaw 60 19 Shea, Corienne Helen 91 7 Kangas, Alvina 92 19 Senecal, Evelyn R. 95 8 Odams, Margaret M. 83 19 Lavin, Doris Jennie 88 9 Sebastian, Arena S. 81 19 Logan, Lorraine Frances 72 11 Galante, Virginia Marie 63 20 Wilkins, Virginia Frances 97 11 Clark, Minna 92 21 Walz, Evelyn 92 11 Varney, Chelsi Nicol 18 23 King, Jr., Charles Walter 94 13 Kessel, Caroline 98 24 Bailey, Kevin John 52 15 Spencer, Suzanne 76 25 Foss, Earle Howard 87 16 Lippincott, Rosemond 97 26 Hammer, Ethel M. 99 18 Demarkles, Panagiota 72 29 Hanlon, Jr. Edward J 86 18 Lesnick, Maryanne 67 30 Johnson, Elizabeth Baker 88 18 Baxter, Ann C. 86 30 McMahon, Walter Joseph 76 FEBRUARY Day Name Age Day Name Age 3 Buzzeo, Quintilio 73 16 Gschwind, Florence R. 95 6 Curry-Polson, Patricia 73 17 Mitchell, Paul Michael 64 7 Raymond, Pearlina Gwenneth 67 17 Rautenberg, Kenneth 68 8 Bower, Jr., Archie Frank 91 17 Remington, Marie Frances 92 8 Bill, Elinor M. 89 19 Pallis, Mark J. 56 10 Matson, Margaret M. 96 20 Sexton, Albert Joseph 83 10 McGrath, Carol Ann 68 21 Romkey, Barbara Melissa 88 10 Brady, Linda 72 22 Tapsell, Dorothy 98 11 Beatty, Esther F. 90 24 Leegant. Selma 92 11 Froleiks, Nancy B. 78 25 Shannahan, Mary Margaret 65 12 Schomp, Marie 89 26 Bright, Sandra May 68 14 McCarthy, Robert E. 82 27 Riley, Edward F. 74 15 Fox, Virginia M. 93 27 Jefte, Margaret Mary 85 15 Brogan, Annette Cecelia 74 28 Kenney, Sr., Richard H. 82 MARCH Day Name Age Day Name Age 2 Andrews, Charles R. 75 10 Annis, Russell David 84 3 Clark, Herbert L. 82 11 Gallagher, Leonard J. 87 3 Lenk, Edward 81 12 Sinclair, Charles Herbert 73 3 O'Brien, David Edmund 73 18 Rallo, I. John 77 3 Clarkin, Dorothy 75 18 Caceres, Nenetta 89 4 Sullivan, Patricia 69 20 Lose, John Johnson 89 4 Campbell, Sr. Gordon J. 84 22 Regan, William M. 63 5 Carvalho, Leonilde Teixeira 73 23 Sullivan, Jerome Joseph 62 6 Police, Frank Edward 95 24 Simpson, Arleen 52 6 English, John P. 101 26 Antolini, Gilda T. 82 27 6 Cipro, James Phillip 58 26 Richardson, Mary Rita 95 6 Cooper, Harold Frederic 74 26 O'Brien Paul Terence 56 8 Flaherty, Thomas F. 95 29 Harju, Carolyn F. 72 8 Wallen, Efe 86 30 Fuller, Alvin Everett 86 9 Murdock, Janet 92 30 Rowe, Thomas Roabert 64 9 Serafino, Carol Nancy 67 30 Stanley, William E. 77 10 Meehan, Edward Francis 52 31 Kelley, Charles Joseph 91 APRIL Day Name Age Day Name Age 1 Gartland, John M. 85 13 Murphy, Kevin Joseph 86 7 Guay, Arnold J. 64 14 McVey, Evelyn Pierce 87 7 Simmons, Jr. William A. 76 14 Santos, Francis Joseph 82 8 McLellan, E. Robert 98 15 Brogan, William T. 79 9 Ritter, Betty R 81 15 Hanlon, Edward Francis 94 10 Toohey, Leona E. 86 17 Boenisch, Monica C. 39 10 Snow, Grace M. 87 19 Miller, Robert N. 78 10 Zupurneek, Volley Z. 95 22 McCright, Helen U. 97 10 Kull, Sallie Morris 77 26 Shortsleeve, Margaret K. 90 11 Armstrong, Mary Louise 93 26 O'Brien, Mary E. 73 11 Spector, Morris 88 26 Meade, Nanse A. 83 11 King, Douglas Treat 88 27 Conery, Mary Jane 69 12 Bouchard, Stephen Paul 59 27 Lucas, Calvin Robert 83 13 Wood, Florence 81 28 Harrison, Helen L. 97 MAY Day Name Age Day Name Age 3 Bamford, Ethel Elaine 79 22 Aman, Catherine Grace 90 5 Ellner, Clara Dorothea 94 23 Gilman, Harvey L. 80 6 Wing, Deborah O. 96 23 FitzGerald, Richard 62 6 Gould, William Bryson 91 23 Baratta, Theresa 91 7 Jones, Richard Lee 71 24 Neves, Alfredo S. 51 8 Marshall, Adeline M. 97 24 Barrett, Rowland Horace 85 11 Van Dorn, Edward F. 73 24 Scheppman, John Charles 89 11 Hand, Genevieve 98 26 Murphy, Josephine Marie 92 12 Fallows, Alden Ernest 85 26 Walsh, Margaret M. 89 13 Crimmins, Joseph Albert 93 28 Nicholson, Lisa 40 16 Leonard, Helen Louise 94 29 Donohue, John P. 58 20 Cortes, Margaret 100 30 Murphy, Sylvia 83 21 Jacques, Jean 66 31 Hassard, Bertha Frances 94 21 Wilson, Sr. Edward Joseph 104 31 Osvar, Hyman John 92 22 Atkins, Robert Coolidge 86 31 Pacino, Esther P. 95 22 Trites, Barbara A. 86 JUNE Day Name Age Day Name Age 1 Towner, Vivian J. 85 15 Lewis, Joyce M. 86 1 Windisch, Frank Henry 82 15 Geiger, Virginia Estelle 96 2 Gibson, Martha 89 15 Bateman, Jr. Leonard Joseph 69 3 Connell, Beatrice 81 17 Finkle, Wesley Clarence 75 28 3 Waterman, Peter Cary 83 17 Maher, Martha E. 95 4 Roberts, Alison B. 76 19 Childs, Elliot Wetherbee 65 5 Perry, Francis X. 80 19 Duquet, Ernest 89 5 King, Rosemary J. 73 22 Goerigk, Elisabeth J. 92 8 Cochran, Eleanor F. 92 26 George, Janet F. 74 10 Clancy, William Paul 88 27 Nally, William Charles 82 11 Boyd, John J. 91 28 Cutter, Judith A. 79 11 Mans, Mary A. 62 28 Finn, Richard Thomas 89 13 Marro, Betty Ann 75 29 Sorrentino, Louis Anthony 92 14 Morse, Betty Louise 85 30 Seward, Samuel Livingston 84 14 Stanley, Virginia C. 88 30 Brown III, Frederick E. 64 14 Young, Henry Chin 91 JULY Day Name Age Day Name Age 2 Boucher, Paul A. 73 14 Graham, Alexander S. 85 2 Sowers Suzanne 60 14 Mann, Robin Rene 51 3 Schneiber, Angelina M. 88 15 Moreno, Kathryn E. 28 4 Robicharud, Gerhard Michael 82 15 Muse, Jr., Benjamin 85 6 Macklin, Gordon Clifford 88 15 O'Keefe, Hugh Sydney 83 7 Johnson, Barbara Louise 90 15 Yates, Emmit Gene 35 7 Joseph, Rosalyn 84 21 O'Brien, Jr., Edward E. 94 9 Amster, Henry P. 88 21 Watson, Jr., Donald King 75 10 Janikies, Peter Williams 86 26 Riley, Jr., Lawrence David 89 11 Wetzel, Mary Kay 88 27 Hoffman, Elsa 93 12 Our, Holly Ann 37 28 Lally, Helen E. 100 12 Erickson, Jr., Ralph O. 63 29 Lamerton, Ronald J. 74 12 Fries, Rita Frances 86 31 Consavage, William J. 78 13 Tauer, Mary K. 59 AUGUST Day Name Age Day Name Age 2 Harrington, R. Marjorie 86 16 Collins, Florence R. 94 3 Mulcahy, Ruth Marjorie 84 17 Ekstrom, Marianne 63 3 Bemis, John E 88 23 Rogovin, Gerald A. 84 4 Morash, Kathleen Scarlett 56 23 Mantenfel, Theresa Wilma 94 5 MacLean, Marjorie 94 24 Hennigar, Patricia M. 53 7 Grieder, William Frederick 82 25 O'Halloran, Dorothy 91 11 Bronske, Richard W. 80 25 Dewar, Duncan Alexander 65 12 Rickard, Jame M. 65 27 Murohy, Jr. Edward Joseph 69 12 Morin, Linda Anne 45 27 Mastropietro, Feliz 86 13 Thompson, Ilene 96 27 Mailloux, Oscar E. 79 14 Murphy, John Bruce 78 27 Consavage, William J. 78 15 Jones, Beatrice Nelson 99 SEPTEMBER Day Name Age Day Name Age 1 Sanderson, Shirley Ruth 87 19 Doyle, Lawrence D. 85 3 Piekos, Emily Margaret 97 21 Damory, Helen C. 80 29 4 Platanitis, Steve 92 21 Herbst, Sally S. 84 4 Travsky, Anne M. 83 22 Clark, Rose 96 7 Hurwitz, Josephine 86 22 Pedreira, Ivan Vitoria 58 7 Woodbury, Henrietta Melissa 95 23 Martin, Frederick Francis 92 9 Fallon, Timothy P. 53 23 Walsh, Thomas J. 96 9 Berg, Jeanne A. 87 23 Brophy, Marcia M. 78 10 Goodman, Judith A. 82 23 Litchfield, Mary J. 95 10 Martin, Eileen S. 86 24 Rando, Maria 92 11 Vera, Sr. Allen R. 85 24 McGrath, Robert Joseph 83 11 Norton, Elinor N. 87 25 Carvalho, Antonio Manuel 78 12 Curran, Jr. Leo Clifford 65 27 Ford, James Patrick 84 13 Adams, Allison 84 28 Novotny, Jean Anne S. 86 15 Whiting, Clayton Frank 66 28 Thornton, Leurenda S. 86 17 John T. Fitzgerald 64 29 Tompkins, Mary E. 87 18 Francasso, Mary S 87 29 Abazorius, Leonard Alphonse 66 18 Hope, Harold M. 75 30 Turner, Mary A. 86 19 Robbins, Richard O. 95 30 Marino, Eileen M. 83 OCTOBER Day Name Age Day Name Age 3 Freeman, F. Eleanor 92 13 Broidrick Jr., Thomas J. 92 3 Cornforth, Phyllis Elaine 81 16 Pariseau, Sr. Ronald R. 99 3 Gribko, Janet Lee 73 17 Campbell, Elizabeth Louene 81 4 Albee, Margaret Joan 73 19 Fisher, Sylvia Belle 96 4 Davidson, Stanley L. 79 20 Haugh, Mary 84 5 Smith, Gloria S. 89 20 Doyle, Margaret 82 6 DeBlois, Marie E. 98 20 Barnatt, Ruth G. 92 6 Lombardi, Daniel J. 51 20 Passaro, Margaret E. 62 6 Fournier, Pauline 72 20 Martinez, Samuel Joseph 60 7 Hamm, Josephine E. 85 20 Hayes, Florence 102 7 Robinson, Stephen Frank 58 21 Cahill, Patrick Paul 55 8 White, Margaret E. 89 24 Alves, Geroge A. 78 9 Cooper, Marthe B. 95 26 Holmes, Gertrude M. 91 9 MacDonald, David G 82 27 Steinmueller, Virginia Martha 86 11 Fuentes, Asuncion 44 28 Martin, James E. 78 12 Jones, Helen A. 88 28 Quinn, Arthur Paul 84 12 St. Thomas, Robert E. 87 30 Perry, Therese R. 79 NOVEMBER Day Name Age Day Name Age 2 Reichard, Harold F. 92 12 Noyes, Paul W. 92 2 D'Amico, Josephine Joan 87 12 Sinclair, Helen Marie 88 4 Taylor, Wendy Jean 57 13 Gannon, William Michael 85 4 Pressman, Elaine 90 19 Floyd, Jr. William Joseph 82 5 Wrightson, Philip F. 80 20 Johnson, Ruth Ina 95 6 Warren, James Allan 97 22 Dubois, Robert Edward 71 8 Hellmann, Virginia Rosemary 87 23 Tucker, Jr. Donald Robert 59 9 Perna, Marie Ann 83 23 Walker, Marjorie L. 94 10 Lowe, Gerald K. 81 26 Wisniewski, Margaret 83 30 11 Phelps, Wyeth H. 47 26 Blute, Cora L. 93 12 Barns, Jr. Swift C. 93 26 Wignot, George Edward 93 12 Bell, Sadie M. 89 28 St. George, Gloria Rose 76 DECEMBER Day Name Age Day Name Age 1 Bankowski, Eugene W. 82 19 Wright, M. Priscilla 81 2 Taber, Helen Lathrop 91 21 Kennedy, Lore P. 82 5 Ruck, Julia 94 21 Hayes, Carol A. 81 5 Hupfer, Randy Lee 34 21 Martin, Martha Christine 66 6 Barrett, Jr. Harold F. 85 22 McKenna, Mary Ellen 76 8 Campion, Hilda S. 84 22 Bruneau, Norman A. 96 10 O'Leary, Rhoda T. 89 23 Brown, Theresa A. 87 13 Frawley, Gerald John 71 25 Shaughnessy, Kevin M. 49 14 Hagan, Debra Jean 54 25 Sherman, Alice Louise 69 15 Vincent, Mary Jane 81 26 Schneider, Duane B. 75 16 Chaison, Sara 69 26 Silva, Debra A. 58 17 DeMott, Albert G. 93 27 Robinson, Jr. James B. 91 18 Jasinski, Florence 88 29 Ward, Ida B. 97 2012 BROUGHT HERE FOR BURIAL JANUARY FEBRUARY Day Name Age Day Name Age 8 Kelley, Brian Michael 42 8 Weber, Donald L. 84 8 Odams, Margaret M. 83 23 St. Louis, Barbara E. 90 11 Varney, Chelsi Necal 18 24 Finn, Dorothy E. 84 18 Baxter, Anna A 86 27 Bohane, Michael K. 54 19 Demarkles, Panagiota -- 20 Wilkins, Virginia Frances 97 24 Taylor, Louise H. -- 30 McGuire, Margaret 90 MARCH APRIL Day Name Age Day Name Age 2 Stacy, Jr., Joseph W. 71 -- -- -- 7 Staiano, Anthony M. -- MAY JUNE Day Name Age Day Name Age 7 Kelley, Carolee 66 4 Johnson, Ann C. -- 15 DesJardins, Patricia 50 JULY AUGUST Day Name Age Day Name Age 7 Johnson, Barbara L. 90 3 Szumski, Mary P. 94 10 Janikies, Peter William 90 17 Cerasuolo, Carmella T. 93 13 Suters, Christopher R. 46 19 Perlmutter, Shimon 89 31 14 Whittemore, Isabel Wall 79 19 Mahoney, Darren Sean 45 20 Gieselman, Billy Joe 78 27 Clark, Margaret Westcott 96 31 Cahoon, Anee Elizabeth 95 SEPTEMBER OCTOBER Day Name Age Day Name Age 12 Brown, Mary 95 28 Quinn, Arthur Paul 84 19 O’Connor, Patricia A. 82 NOVEMBER DECEMBER Day Name Age Day Name Age 14 Sullivan, Mackney 91 -- -- -- ALSO BROUGHT HERE FOR BURIAL Day Name August 19, 2004 Bolduc, Sr. Thomas Steven December 5, 2011 Bombardier, Theresa December 16, 2011 Edwards, Jr. Roger G. PRESIDENTIAL PRIMARY MARCH 6, 2012 NAME OF CANDIDATE PREC. 1 PREC. 2 PREC. 3 PREC. 4 PREC. 5 PREC. 6 PREC. 7 TOTAL Republican Town Committee Patrick J. Foran 230 209 150 202 161 187 274 1413 Susan L. Abbott 222 208 152 212 158 187 258 1397 Melissa S. Foran 210 200 149 193 147 184 251 1334 David J. Black 205 198 139 173 144 174 240 1273 Thomas N. George 274 246 174 217 179 213 329 1632 Thomas James Sullivan, Jr. 218 196 148 186 151 185 259 1343 Charlotte B. Striebel 241 244 164 196 166 200 285 1496 Vernon L. Striebel, Jr. 213 203 149 178 141 188 250 1322 John C. Henderson, III 227 195 142 173 147 185 261 1330 Joy A. Faust 211 201 143 180 148 176 241 1300 John P. Foran 214 192 140 186 139 185 244 1300 Stephen A. Brennan 205 190 143 177 146 180 243 1284 David L. Hautanen 216 196 142 181 144 181 246 1306 Sandra K. Roth 224 202 143 169 148 183 251 1320 Elizabeth B. Neitz 236 241 165 211 163 205 285 1506 Richard W. Neitz 257 265 176 220 170 215 312 1615 Bernard E. Nugent, III 221 212 149 178 152 189 263 1364 Donald D. Maceachern 223 202 147 180 149 188 256 1345 Michael R. Leyden 210 201 146 185 149 177 246 1314 Write-In 0 2 1 3 1 1 2 10 32 Blanks 10373 11012 6693 8510 7492 9332 14219 67631 Total 14630 15015 9555 12110 10395 12915 19215 93835 Democratic - Presidential Preference Barack Obama 120 103 64 98 78 106 126 695 No Preference 2 14 14 6 8 12 10 66 Write-Ins 15131 2 215 Blanks 44871 4 533 Totals 127 126 87 114 88 124 143 809 State Committee Man - Cape & Islands District John L. Reed 111 103 75 96 75 98 119 677 Write-In 00100 0 01 Blanks 16 23 11 18 13 26 24 131 Totals 127 126 87 114 88 124 143 809 State Committee Woman - Cape & Islands District Jennifer Smith 114 100 77 97 76 93 126 683 Write-Ins 00000 0 00 Blanks 13 26 10 17 12 31 17 126 Total 127 126 87 114 88 124 143 809 Democratic Town Committee Robert R. Isadore 102 76 63 79 52 71 89 532 David B. Velasco 91 74 62 81 50 71 84 513 Rose Marie Strippoli 91 75 64 79 53 72 81 515 Edward B. Blackman 85 74 61 77 48 75 80 500 Sandra R. Blackman 87 75 65 80 49 81 80 517 Victoria M. Cantrell 91 73 67 77 52 70 81 511 John H. Grebe 92 72 60 79 47 67 85 502 Lois E. M. Grebe 93 74 62 79 49 67 88 512 Thomas J. Martin, Jr. 89 77 63 82 49 70 82 512 Janice C. Martin 88 76 64 81 50 73 82 514 Robert E. Cove 87 70 61 77 49 69 77 490 Mark R. Forest 88 75 64 82 50 73 81 513 Herbert Goodman 85 71 61 78 51 75 77 498 Robert E. Dubois 90 78 59 77 53 72 89 518 Duncan Wall 90 72 59 75 47 67 82 492 Carol C. Wall 91 75 63 77 49 68 85 508 Barry Clayman 87 75 62 77 47 68 82 498 Gail L. Clayman 88 76 63 78 48 70 81 504 Anne R. Higginbottom 87 73 61 78 50 69 84 502 George H. Higginbottom 87 72 61 75 47 69 82 493 Mark P. Lindsay 88 72 63 77 47 67 78 492 Eleanor Igoe 86 78 63 79 50 75 84 515 Sean M. Igoe 86 79 66 78 57 73 84 523 33 Geraldine M. Bastian 89 74 62 80 50 68 84 507 Paul Nossiter 89 75 60 77 47 70 81 499 Deborah M. Morris 87 73 65 79 52 72 87 515 Richard J. McGarr 90 71 61 77 47 68 78 492 William D. Bastian 87 71 59 77 49 68 81 492 Crystal J. Gips 93 74 63 78 49 70 84 511 Write-Ins 10200 6 110 Blanks 1860 2260 1236 1720 1642 2286 2611 13615 Total 4445 4410 3045 3990 3080 4340 5005 28315 Republican - Presidential Preference Ron Paul 28 26 25 16 16 19 19 149 Mitt Romney 313 339 203 261 233 287 433 2069 Rick Perry 02310 3 211 Rick Santorum 48 38 21 43 34 37 64 285 Jon Huntsman 21231 0 413 Michele Bachmann 02121 2 08 Newt Gingrich 26 17 18 18 10 16 22 127 No Preference 14012 5 114 Write-Ins 00000 0 22 Blanks 00010 0 23 Total 418 429 273 346 297 369 549 2681 Republican - State Committee Man Cape & Islands District G. Roland Gonzalez 100 95 74 71 83 81 112 616 Francis P. Manzelli 209 206 131 201 131 174 261 1313 Write-Ins 0 0 0 1 0 0 1 2 Blanks 109 128 68 73 83 114 175 750 Total 418 429 273 346 297 369 549 2681 Republican -State Committee Woman Cape & Islands District Cynthia E. Stead 106 118 71 105 77 87 157 721 Judith A Crocker 268 261 182 222 188 235 327 1683 Write-Ins 0 0 1 0 0 0 0 1 Blanks 44 50 19 19 32 47 65 276 Total 418 429 273 346 297 369 549 2681 Green-Rainbow - Presidential Preference Kent Mesplay 0 0 0 0 0 0 0 0 Jill Stein 0 2 0 1 1 0 0 4 Harley Mikkelson 0 0 0 0 0 0 0 0 No Preference 0 2 0 0 0 0 0 2 Write-Ins 0 0 0 0 0 0 0 0 Blanks 0 0 0 0 0 0 0 0 Total 0 4 0 1 1 0 0 6 34 Green-Rainbow - State Committee Man - Cape & Islands District Write-Ins 0 0 0 0 0 0 0 0 Blanks 0 4 0 1 1 0 0 6 Total 0 4 0 1 1 0 0 6 Green-Rainbow - State Committee Woman - Cape & Islands District Write-Ins 0 0 0 0 0 0 0 0 Blanks 0 4 0 1 1 0 0 6 Total 0 4 0 1 1 0 0 6 Green-Rainbow Town Committee Write-Ins 0 1 0 0 1 0 0 2 Blanks 0 39 0 10 9 0 0 58 Total 0 40 0 10 10 0 0 60 ANNUAL TOWN MEETING WARRANT COMMONWEALTH OF MASSACHUSETTS APRIL 2ND, 2012 Barnstable, ss. To the Constable of the Town of Yarmouth in the County of Barnstable, Greetings, In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in Town affairs to meet in the Mattacheese Middle School Building in said Town, Monday, the 2nd day of April 2012 at six-thirty o’clock (6:30 p.m.) in the evening, then and there to act on the following articles. Prior to the meeting the Moderator went over the procedure of how the meeting would be run. The Moderator asked everyone to stand while Girl Scout Troop#80723 leads the audience in the pledge of allegiance. Suzanne McAuliffe wishes to honor Jerry Sullivan who passed away on March 23, 2012 after a courageous battle with cancer. Jerry grew up in Yarmouth. He was always interested in Yarmouth. He was selectman for 18 years and Board of Appeals for 5 years. He also was on the committee to select our new Town Administrator. The moderator asked for a moment of silence to remember Carol Serifino who was on the Finance Committee who passed away in March. Mr. Horgan wanted to remember all that have passed away over the year. Also remember our men and woman serving in the military and their families. The Annual Town Meeting came to order at 6:50 PM at Mattacheese Middle School, Daniel E. Horgan, Moderator presiding. The warrant was read by the Moderator. The Board of Selectman Chairman, Erik Tolley made an opening statement. Norman Holcomb Chairman of the Finance Committee was holding a statement for the budget. Stephen Edwards representative of the D-Y School Committee made an opening statement in regard to the school budget. 35 ARTICLE 1: To see if the Town will vote to transfer and appropriate additional funds for the FY12 operating budget as follows: DEPT. REQUEST Police Department Wages Transfer and appropriate $36,000 from general fund available funds. Fire Department Wages Transfer and appropriate $100,000 from ambulance fees reserved for appropriation. Acting on Article 1. On motion made by Erik Tolley and duly seconded, the Board of Selectmen and Finance Committee recommend to move to transfer $36,000.00 from Free Cash and $100,000.00 from Ambulance fees reserved for appropriation for the purposes printed in the warrant. The vote on Article 1 carries unanimously. ARTICLE 2: To see what sums of money the Town will vote to raise or transfer from available funds and or be subject to an override of Proposition 2 ½ and appropriate such funds to defray the charges, expenses, salary, and payroll obligations of the Town, including debt and interest for the ensuing year, to provide for a reserve fund, and to fix the salaries and compensation for all elected officials of the Town or act on anything relative thereto. Selectmen Recommend 5-0 Finance Committee Recommend 9-0 (Board of Selectmen) Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 ELECTED/GENERAL GOVERNMENT MODERATOR E-1 salary (1) 480 480 480 480 SELECTMEN E-2 salary (5) 14,400 14,400 14,400 14,400 E-3 expense 6,886 6,850 6,850 6,850 TOWN ADMINISTRATOR GG-1 salary (2) 263,577 263,855 277,965 277,965 GG-2 wages (2.8) 132,943 138,522 141,204 141,204 GG-3 expense 11,725 5,705 5,705 5,705 GG-4 employee increment 17,500 17,500 25,000 25,000 GG-5 unemployment compensation 47,530 40,000 40,000 40,000 GG-6 energy 792,781 945,021 859,539 859,539 GG-7 legal 106,776 90,000 90,000 90,000 GG-8 bargaining legal 24,328 35,000 25,000 25,000 GG-9 training 3,328 8,000 0 0 GG-10 telephone 95,515 87,000 100,000 100,000 GG-11 o.s. travel 1,492 2,500 0 0 GG-12 general insurance 631,366 749,894 703,000 703,000 GG-13 town report/warrant 5,923 6,000 6,000 6,000 36 GG-15 expense 750 0 0 0 GG-16 reserve 145,000 145,000 100,000 100,000 CENTRAL PURCHASING GG-17 purchasing 77,129 81,950 81,950 81,950 PERSONNEL GG-18 wages GG-19 expense 1,052 3,915 1,400 1,400 TOTAL WAGES 429,900 435,757 460,049 460,049 TOTAL EXPENSES 1,951,581 2,206,835 2,019,444 2,019,444 TOTAL ELECTED / GEN. GOVT.2,381,481 2,381,481 2,642,592 2,479,493 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 MUNICIPAL FINANCE TOWN ACCOUNTANT MF-1 wages (4.5) 287,838 294,344 300,245 300,245 MF-2 expense 34,634 34,644 34,644 34,644 ASSESSORS MF-3 wages (4.5) 229,804 233,407 225,817 225,817 MF-4 expense 3,864 2,189 102,189 102,189 TREASURER MF-5 wages (3) 150,931 154,634 152,851 152,851 MF-6 expense 48,720 55,523 55,523 55,523 MF-7 Medicare 238,681 242,659 248,119 248,119 MF-8 health insurance 2,192,829 2,444,513 2,452,574 2,452,574 MF-9 veterans pension reimbursement 836 900 0 0 COLLECTOR MF-10 wages (4) 208,979 209,831 158,864 158,864 MF-11 expense 28,861 28,861 28,861 28,861 TOTAL WAGES 877,552 892,216 837,777 837,777 TOTAL EXPENSES 2,548,425 2,809,289 2,921,910 2,921,910 TOTAL MUNICIPAL FINANCE 3,425,977 3,425,977 3,701,505 3,759,687 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT CD-8 wages (5.2) 317,518 315,040 308,356 308,356 CD-9 expense 15,005 20,525 30,525 30,525 TOTAL WAGES 317,518 315,040 308,356 308,356 TOTAL EXPENSES 15,005 20,525 30,525 30,525 TOTAL COMMUNITY DEVELOPMENT 332,523 332,523 335,565 338,881 FINANCE COMMITTEE GG-14 wages 1,000 1,000 1,000 1,000 37 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 COMMUNITY SERVICES GENERAL LIBRARY CS-1 wages (11) 468,457 471,029 472,864 472,864 CS-2 expenses 158,960 156,939 156,939 156,939 NATURAL RESOURCES CS-3 wages (7.8) 498,892 509,034 519,956 519,956 CS-4 expense 111,222 132,558 132,558 132,558 CS-5 shellfish offset 7,750 8,500 8,500 8,500 SENIOR SERVICES CS-6 wages (3.8) 165,431 172,100 209,502 209,502 CS-7 expense 6,812 8,037 9,037 9,037 RECREATION CS-8 wages (1+ Seasonal) 325,747 291,617 293,473 293,473 CS-9 expense 38,067 38,067 38,067 38,067 CS-10 off set account 382,535 577,866 514,400 514,400 GOLF CS-11 wages (18 + Seasonal) 1,251,521 1,251,000 1,251,000 1,251,000 CS-12 expense 1,817,689 1,760,000 1,760,000 1,760,000 INFORMATION TECHNOLOGY CS-14 wages (2) 147,313 156,115 159,660 159,660 CS-15 expense 147,070 147,219 147,219 147,219 TOWN CLERK CS-16 wages (4.8) 213,946 213,378 198,301 198,301 CS-17 expense 12,532 22,025 22,025 22,025 ELECTION & REGISTRATION CS-18 wages 4,772 4,981 4,971 4,971 CS-19 expense 56,072 50,863 67,630 67,630 TOTAL WAGES 3,076,079 3,069,254 3,109,727 3,109,727 TOTAL EXPENSES 2,738,709 2,902,074 2,856,375 2,856,375 TOTAL COMMUNITY SERVICES 5,814,788 5,814,788 5,971,328 5,966,102 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 PUBLIC SAFETY POLICE overtime in wages (694,754) (655,175) (655,175) PS-1 wages (72) 5,755,822 5,914,390 5,998,990 5,998,990 PS-2 expense 198,936 194,000 204,800 204,800 38 FIRE overtime in wages (1,053,468) (963,468) (963,468) PS-3 wages (67) 5,530,924 5,554,969 5,701,902 5,701,902 PS-4 expense 449,669 482,680 461,680 461,680 EMERGENCY PREPAREDNESS PS-5 expense TOTAL WAGES 11,286,746 11,469,359 11,700,892 11,700,892 TOTAL EXPENSES 649,605 677,680 667,480 667,480 TOTAL PUBLIC SAFETY 11,936,351 12,147,039 12,368,372 12,368,372 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 MUNICIPAL INSPECTIONS BUILDING INSPECTOR MI-1 wages (7.2) 359,131 369,858 379,837 379,837 MI-2 expense 4,887 4,894 4,894 4,894 MI-3 Inspections Offset 11,805 16,100 16,100 16,100 BOARD OF HEALTH MI-4 wages (4.0) 256,401 254,126 255,140 255,140 MI-5 expense 7,137 8,779 8,779 8,779 MI-6 hazardous waste collections 0 0 0 MI-7 offset account (3) 137,258 154,999 159,159 159,159 MI-8 Human Services 0 0 0 0 MI-9 Nursing Services 5,805 6,439 6,430 6,430 TOTAL HUMAN SERVICES 5,805 6,439 6,430 6,430 M-10 Veterans - expenses 144,392 150,000 155,000 155,000 TOTAL WAGES 615,532 623,984 634,977 634,977 TOTAL EXPENSES 311,284 341,211 350,362 350,362 TOTAL MUNICIPAL INSPECTIONS 926,816 926,816 965,195 985,339 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 PUBLIC WORKS ADMINISTRATION PW-1 wages (3) 234,131 239,579 252,393 252,393 PW-2 expenses 1,182 1,800 1,800 1,800 CEMETERY PW-3 wages (2 + Seasonal) 109,894 114,094 112,787 112,787 PW-4 expense 22,310 17,766 18,766 18,766 PW-5 off set account 24,499 24,500 24,500 24,500 39 PW-7 expense 15,478 39,103 59,103 59,103 HIGHWAY PW-8 wages (13) 584,369 613,862 629,533 629,533 PW-9 machinery repair 36,714 37,029 37,029 37,029 PW-10 expense 82,136 85,263 85,263 85,263 PW-11 sweeping 0 0 0 PW-12 Tree expense 7,992 10,200 10,200 10,200 PW-13 greenhead fly 1,700 1,700 1,700 1,700 SNOW & ICE PW-14 wages 57,005 41,000 41,000 41,000 PW-15 expense 197,771 95,800 95,900 95,900 BUILDINGS & GROUNDS PW-16 wages (9 + Seasonal) 507,627 540,674 552,073 552,073 PW-17 expense 151,715 176,565 179,365 179,365 PW-18 off set account 37,442 37,800 37,800 37,800 SANITATION PW-19 wages (7) 352,015 364,225 420,330 420,330 PW-20 expense 105,663 132,923 1,540,232 1,540,232 PW-21 off set account 655,378 1,123,400 0 0 RECYCLING PW-22 wages (2.1) 98,855 109,565 112,222 112,222 PW-23 expense 22,673 30,000 30,000 30,000 TRANSFER STATION PW-24 wages (7) 408,575 417,253 0 0 PW-25 expense 1,421,841 1,683,129 0 0 SEPTAGE PLANT PW-26 expense 1,198,732 1,211,700 1,518,941 1,518,941 Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 WATER PW-27 wages (22) 1,038,378 1,204,371 1,220,390 1,220,390 PW-28 expense 1,027,064 1,332,305 1,336,876 1,336,876 TOTAL WAGES 3,756,015 3,991,372 3,624,138 3,624,138 TOTAL EXPENSES 5,010,290 6,040,983 4,977,475 4,977,475 TOTAL PUBLIC WORKS 8,766,305 10,032,355 8,601,613 8,601,613 DEBT SERVICE DS-1 Regular Debt 1,433,249 1,416,624 1,270,192 1,270,192 DS-2 Exempt Debt 2,818,697 2,818,697 3,209,631 3,209,631 ENGINEERING PW-6 wages (5) 365,166 346,749 283,410 283,410 40 TOTAL DEBT 4,251,946 4,235,321 4,479,823 4,479,823 GRAND TOTAL WAGES (all Depts.) 20,359,342 20,796,982 20,675,916 20,675,916 GRAND TOTAL EXPENSES (all Depts.) 17,476,845 19,233,918 18,303,394 18,303,394 GRAND TOTAL Article 5 37,836,187 40,030,900 38,979,310 38,979,310 Increase / (Decrease) from Prior Year (6,127) (1,051,590) (1,051,590) 0.0% -2.6% -2.6% Acting on Article 2. On motion made by Erik Tolley and duly seconded, the Board of Selectmen and Finance Committee recommend to move that the various sums under the column headed “Finance Committee FY13” be appropriated for their respective purposes and to fund such article use the sum of $8,500.00 from offset receipts for CS-5 Shellfish Offset, use the sum of $514,400.00 from offset receipts for CS-10 Recreation Division Offset Receipts, use the sum of $16,100.00 from offset receipts for MI-3A Inspections Offset Receipts, use the sum of $159,159.00 from offset receipts for MI-6 Health Department Offset Receipts, use the sum of $37, 800.00 from offset receipts for PW-18 Building Grounds Offset Receipts, use the sum of $24,500.00 from offset receipts for PW-5 Cemetery Offset Account, appropriate the sum of $295,000.00 from Transfer Station Enterprise Revenues for indirect costs of the Transfer Station appropriated in the General Fund, appropriated the sum of $1,518,941.00 from Yarmouth-Dennis Septage Treatment Enterprise revenues for PW-26 Septage Plant Expenses, appropriate the sum of $111,396 from Yarmouth-Dennis Septage Enterprise retained earnings for indirect costs of the Septage Plant appropriated in the General Fund, Appropriate the sum of $1,251,000.00 from Golf Enterprise Revenues for CS-12 Golf Wages, appropriate the sum of $1,760,000.00 from the Golf Enterprise Revenues for CS-13 Golf Expenses, Appropriate the sum of $230,000.00 from Golf Enterprise revenues for indirect costs of the Golf Division appropriated in the General Fund, transfer the sum of $5,400.00 from Wetland Protection Fund for CD-1 Conservation Wages, transfer the sum of $19,000.00 from Waterways Improvement Fund for CS-3 Natural Resources Wages, transfer the sum of $10,000.00 from Walter Gifford Fund for PW-3 Cemetery Wages, transfer the sum of $100,000.00 from Recycling Account for PW-22 Recycling Wages, transfer the sum of $30,000.00 from Recycling Account for PW-23 Recycling Expenses, transfer the sum of $63,000.00 from Recycling Account for GG-6 Energy, transfer the sum of $30,000.00 from Recreation Account DS-1 Regular Debt, transfer the sum of $21,000.00 from Septic Betterment Fund for DS-1 Regular Debt, transfer the sum of $1,300,000.00 from Fire Ambulance Fund for PS-3 Fire Department Wages, transfer the sum of $1,125.00 from Council on Aging Fund for CS-7 Senior Services Expenses, transfer the sum of $48,000.00 from Ferry Tax for CS-3 Natural Resources Wages. The vote on Article 2 carried by the following: E-1 – GG-19 carries unanimously. MF-1 – MF-11 carries by the requisite majority 7:18 PM, CD-8 – CD-9 carries unanimously. CS-1 – CS-19 carries unanimously 7:23 PM, PS-1 – PS-5 carries unanimously. MI-1 – MI-10 carries unanimously. PW-1 – PW-28 DS-1 DS-2 carries unanimously. Code Actual FY1l FY12 Appropriated Request FY13 FinCom FY13 Source ELECTED/GENERAL GOVERNMENT MODERATOR E-1 salary (1) 480 480 480 480 SELECTMEN E-2 salary (5) 14,400 14,400 14,400 14,400 E-3 expense 6,886 6,850 6,850 6,850 41 TOWN ADMINISTRATOR GG-1 salary (2) 263,577 263,855 277,965 277,965 GG-2 wages (2.8) 132,943 138,522 141,204 141,204 GG-3 expense 11,725 5,705 5,705 5,705 GG-4 employee increment 17,500 17,500 25,000 25,000 GG-5 unemployment compensation 47,530 40,000 40,000 40,000 Recycling Acct. GG-6 energy 792,781 945,021 859,539 796,539 63,000 GG-7 legal 106,776 90,000 90,000 90,000 GG-8 bargaining legal 24,328 35,000 25,000 25,000 GG-9 training 3,328 8,000 0 0 GG-10 telephone 95,515 87,000 100,000 100,000 GG-11 o.s. travel 1,492 2,500 0 0 GG-12 general insurance 631,366 749,894 703,000 703,000 GG-13 town report/warrant 5,923 6,000 6,000 6,000 FINANCE COMMITTEE GG-14 wages 1,000 1,000 1,000 1,000 GG-15 expense 750 0 0 0 GG-16 reserve 145,000 145,000 100,000 100,000 CENTRAL PURCHASING GG-17 purchasing 77,129 81,950 81,950 81,950 PERSONNEL GG-18 wages GG-19 expense 1,052 3,915 1,400 1,400 TOTAL WAGES 429,900 435,757 460,049 435,049 TOTAL EXPENSES 1,951,581 2,206,835 2,019,444 1,981,444 63,000 TOTAL ELECTED / GEN. GOVT. 2,381,481 2,381,481 2,642,592 2,416,493 63,000 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source MUNICIPAL FINANCE TOWN ACCOUNTANT MF-1 wages (4.5) 287,838 294,344 300,245 300,245 MF-2 expense 34,634 34,644 34,644 34,644 ASSESSORS MF-3 wages (4.5) 229,804 233,407 225,817 225,817 MF-4 expense 3,864 2,189 102,189 102,189 TREASURER MF-5 wages (3) 150,931 154,634 152,851 152,851 MF-6 expense 48,720 55,523 55,523 55,523 MF-7 Medicare 238,681 242,659 248,119 248,119 MF-8 health insurance 2,192,829 2,444,513 2,452,574 2,452,574 MF-9 veterans pension reimbursement 836 900 0 0 COLLECTOR MF-10 wages (4) 208,979 209,831 158,864 158,864 Code Actual FY1l FY12 Appropriated Request FY13 FinCom FY13 Source 42 MF-11 expense 28,861 28,861 28,861 28,861 TOTAL WAGES 877,552 892,216 837,777 837,777 TOTAL EXPENSES 2,548,425 2,809,289 2,921,910 2,921,910 TOTAL MUNICIPAL FINANCE 3,425,977 3,425,977 3,701,505 3,759,687 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT Wetlands Prot. Fd. CD-8 wages (5.2) 317,518 315,040 308,356 302,956 5,400 CD-9 expense 15,005 20,525 30,525 30,525 TOTAL WAGES 317,518 315,040 308,356 302,956 5,400 TOTAL EXPENSES 15,005 20,525 30,525 30,525 TOTAL COMMUNITY DEVELOPMENT 332,523 332,523 335,565 333,481 5,400 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source COMMUNITY SERVICES GENERAL LIBRARY CS-1 wages (11) 468,457 471,029 472,864 472,864 CS-2 expenses 158,960 156,939 156,939 156,939 NATURAL RESOURCES Waterways Imp.Fd. 19,000 CS-3 wages (7.8) 498,892 509,034 519,956 452,956 48,000 Ferry Tax CS-4 expense 111,222 132,558 132,558 132,558 CS-5 shellfish offset 7,750 8,500 8,500 8,500 SENIOR SERVICES CS-6 wages (3.8) 165,431 172,100 209,502 209,502 COA Fund CS-7 expense 6,812 8,037 9,037 7,912 1,125 RECREATION CS-8 wages (1+ Seasonal) 325,747 291,617 293,473 293,473 CS-9 expense 38,067 38,067 38,067 38,067 CS-10 off set account 382,535 577,866 514,400 514,400 GOLF Golf Ent. Rev CS-11 wages (18 + Seasonal) 1,251,521 1,251,000 1,251,000 1,251,000 CS-12 expense 1,817,689 1,760,000 1,760,000 1,760,000 INFORMATION TECHNOLOGY CS-14 wages (2) 147,313 156,115 159,660 159,660 CS-15 expense 147,070 147,219 147,219 147,219 TOWN CLERK CS-16 wages (4.8) 213,946 213,378 198,301 198,301 CS-17 expense 12,532 22,025 22,025 22,025 ELECTION & REGISTRATION CS-18 wages 4,772 4,981 4,971 4,971 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source 43 CS-19 expense 56,072 50,863 67,630 67,630 TOTAL WAGES 3,076,079 3,069,254 3,109,727 1,791,727 1,318,000 TOTAL EXPENSES 2,738,709 2,902,074 2,856,375 572,350 2,284,025 TOTAL COMMUNITY SERVICES 5,814,788 5,814,788 5,971,328 2,364,077 3,602,025 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source PUBLIC SAFETY POLICE overtime in wages -694,754 -655,175 -655,175 PS-1 wages (72) 5,755,822 5,914,390 5,998,990 5,998,990 PS-2 expense 198,936 194,000 204,800 204,800 FIRE overtime in wages -1,053,468 -963,468 -963,468 Fire Amb. Fd. PS-3 wages (67) 5,530,924 5,554,969 5,701,902 4,401,902 1,300,000 PS-4 expense 449,669 482,680 461,680 461,680 EMERGENCY PREPAREDNESS PS-5 expense TOTAL WAGES 11,286,746 11,469,359 11,700,892 10,400,892 1,300,000 TOTAL EXPENSES 649,605 677,680 667,480 666,480 TOTAL PUBLIC SAFETY 11,936,351 12,147,039 12,368,372 11,067,372 1,300,000 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source MUNICIPAL INSPECTIONS BUILDING INSPECTOR MI-1 wages (7.2) 359,131 369,858 379,837 379,837 MI-2 expense 4,887 4,894 4,894 4,894 MI-3 Inspections Offset 11,805 16,100 16,100 16,100 BOARD OF HEALTH MI-4 wages (4.0) 256,401 254,126 255,140 255,140 MI-5 expense 7,137 8,779 8,779 8,779 MI-6 hazardous waste collections 0 0 0 MI-7 offset account (3) 137,258 154,999 159,159 159,159 MI-8 Human Services 0 0 0 0 MI-9 Nursing Services 5,805 6,439 6,430 6,430 TOTAL HUMAN SERVICES 5,805 6,439 6,430 6,430 M-10 Veterans - expenses 144,392 150,000 155,000 155,000 TOTAL WAGES 615,532 623,984 634,977 634,977 TOTAL EXPENSES 311,284 341,211 350,362 175,103 175,259 TOTAL MUNICIPAL INSPECTIONS 926,816 926,816 965,195 810,080 175,259 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source 44 ADMINISTRATION PW-1 wages (3) 234,131 239,579 252,393 252,393 PW-2 expenses 1,182 1,800 1,800 1,800 CEMETERY Walter Gifford Fd. PW-3 wages (2 + Seasonal) 109,894 114,094 112,787 102,787 10,000 PW-4 expense 22,310 17,766 18,766 18,766 PW-5 off set account 24,499 24,500 24,500 24,500 ENGINEERING PW-6 wages (5) 365,166 346,749 283,410 283,410 PW-7 expense 15,478 39,103 59,103 59,103 HIGHWAY PW-8 wages (13) 584,369 613,862 629,533 629,533 PW-9 machinery repair 36,714 37,029 37,029 37,029 PW-10 expense 82,136 85,263 85,263 85,263 PW-11 sweeping 0 0 0 PW-12 Tree expense 7,992 10,200 10,200 10,200 PW-13 greenhead fly 1,700 1,700 1,700 1,700 SNOW & ICE PW-14 wages 57,005 41,000 41,000 41,000 PW-15 expense 197,771 95,800 95,900 95,900 BUILDINGS & GROUNDS PW-16 wages (9 + Seasonal) 507,627 540,674 552,073 552,073 PW-17 expense 151,715 176,565 179,365 179,365 PW-18 off set account 37,442 37,800 37,800 37,800 SANITATION PW-19 wages (7) 352,015 364,225 420,330 420,330 PW-20 expense 105,663 132,923 1,540,232 1,540,232 PW-21 off set account 655,378 1,123,400 0 0 RECYCLING Recycling Acct. PW-22 wages (2.1) 98,855 109,565 112,222 12,222 100,000 PW-23 expense 22,673 30,000 30,000 30,000 TRANSFER STATION PW-24 wages (7) 408,575 417,253 0 0 PW-25 expense 1,421,841 1,683,129 0 0 SEPTAGE PLANT Sept.Plant Ent. PW-26 expense 1,198,732 1,211,700 1,518,941 1,518,941 Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source PUBLIC WORKS 45 TOTAL WAGES 3,756,015 3,991,372 3,624,138 3,514,138 110,000 TOTAL EXPENSES 5,010,290 6,040,983 4,977,475 3,366,234 1,611,241 TOTAL PUBLIC WORKS 8,766,305 10,032,355 8,601,613 8,601,613 1,721,241 Recreation Acct. DEBT SERVICE 30,000 DS-1 Regular Debt 1,433,249 1,416,624 1,270,192 1,219,192 Sept.Bet.Fd DS-2 Exempt Debt 2,818,697 2,818,697 3,209,631 3,209,631 TOTAL DEBT 4,251,946 4,235,321 4,479,823 4,428,823 51,000 GRAND TOTAL WAGES (all Depts.) 20,359,342 20,796,982 20,675,916 17,917,516 2,733,400 GRAND TOTAL EXPENSES (all Depts.) 17,476,845 19,233,918 18,303,394 14,142,869 4,184,525 GRAND TOTAL Article 5 37,836,187 40,030,900 38,979,310 32,060,385 6,917,925 Increase / (Decrease) from Prior Year -6,127 -1,051,590 -1,051,590 0.00% -2.60% -2.60% ARTICLE 3: To see if the Town will vote to raise or transfer from available funds and appropriate a sum of money to fund the Dennis-Yarmouth Regional School District for FY13 and to see whether such sum shall be raised by taxation, transferred from available funds, and/or be subject to an override of Proposition two and one half. Operation ACTUAL FY11 APPROPRIATED FY12 CERTIFIED FY13 $24,294,998 $25,301,402 26,095,504 Acting on Article 3. On motion made by Steven Edwards and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 3 as printed in the warrant. The vote on Article 3 carries unanimously. ARTICLE 4: To see if the Town will vote to raise and appropriate a sum of money to fund the Town of Yarmouth’s share of the Cape Cod Regional Technical High School District budget for FY13 and to see whether such sum shall be raised by taxation, or transferred from available funds. Operation ACTUAL FY11 APPROPRIATED FY12 CERTIFIED FY13 $2,437,242 $2,370,526 $2,442,048 Acting on Article 4. On motion made by Tracy Post and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 4 as printed in the warrant. The vote on Article 4 carries unanimously. ARTICLE 5: To see if the Town will vote to transfer from available funds and appropriate the sum of $15,199 to fund the Town of Yarmouth’s share of the Upper Cape Cod Technical High School District budget for FY12. Acting on Article 5. On motion made by Tracy Post and duly seconded, the Board of Selectmen and Finance Committee recommend to move that the Town appropriate $15,199.00 in Free Cash to fund this Article. The vote on Article 5 carries unanimously. Code Actual FY11 Appropriated FY12 Request FY13 FinCom FY13 Source WATER PW-27 wages (22) 1,038,378 1,204,371 1,220,390 1,220,390 PW-28 expense 1,027,064 1,332,305 1,336,876 1,336,876 46 ARTICLE 6: To see if the Town will vote to raise and appropriate an amount of money to pay for salary and wage adjustments for FY13 as a result of the settlement of the collective bargaining agreement. Acting on Article 6. On motion made by Suzanne McAuliffe and duly seconded, the Board of Selectmen and Finance Committee recommend to move that the Town vote to raise and appropriate $99,468.00 to pay for salary and wage adjustments for FY2013 resulting from union contract settlements. The vote on Article 6 carries unanimously. ARTICLE 7: To see what sums of money the Town will vote to raise or transfer from available funds and appropriate to purchase and equip the following goods or services, and to authorize the Town Administrator to sell, trade, lease or exchange, or otherwise dispose of old equipment or vehicles deemed advisable and in the best interest of the Town. DIVISION ITEM/PROJECT DEPT. REQUEST FINCOM RECOMMEND Building & Grounds Senior Center Roof (R) 60,000 60,000 Building & Grounds Town Hall HVAC (R) 14,000 14,000 Building & Grounds Highway Building HVAC (R) 10,000 10,000 Building & Grounds Police Station Toilets (R) 32,500 32,500 Building & Grounds Police Station Security Improvements (R) 75,000 75,000 Building & Grounds Police Station HVAC (R) 40,000 40,000 Building & Grounds Police Station Security Gate (R) 20,000 20,000 Building & Grounds Skid Steer (R) 73,500 73,500 Building & Grounds Pickup Truck with Plow (R) 42,000 42,000 Building & Grounds Pickup Truck with Plow (R) 45,000 45,000 Cemetery Equipment Storage Building (N) 60,000 60,000 D-Y School District M.E. Small Elementary Chair Lift (R) 30,000 30,000 D-Y School District Station Ave Elementary Trim (R) 30,000 30,000 D-Y School District Exterior Lighting (N) 50,000 50,000 D-Y School District Security System Upgrades (N) 74,675 10,000 Highway Residential Road Maintenance & Sealing (M) 1,650,000 100,000 Highway Dump Truck 40,000 GVW (R) 155,000 155,000 Information Tech Licensing & Permits Application (N) 270,000 40,000 Information Tech Network Attached Storage Server (R) 26,000 26,000 Information Tech Digital Document Mgt Server Replacement (R) 33,000 33,000 Information Tech Email Server (R) 28,000 28,000 Natural Resources Sport Utility Vehicle (R) 34,000 34,000 Natural Resources Pickup Truck with Plow (R) 39,000 39,000 Natural Resources Waterways Dredging (M) 100,000 50,000 Natural Resources Pickup Truck (R) 38,000 38,000 Natural Resources Waterways & Waterfront Management Plan (M) 75,000 45,000 Natural Resources Harbormaster Patrol Boat Engine (R) 14,000 14,000 Police Police Vehicles w/ ancillary equipment (R) 232,000 232,000 Police Mobile Computer System (R) 70,000 70,000 TOTAL 3,420,675 1,496,000 47 Fire Department Ambulance (R) 270,000 270,000 Fire Department Self-Contained Breathing Appratus (R) 50,000 50,000 Fire Department S.Y. Station #1 Dispatch Radio Console (R) 95,000 95,000 Fire Department Dive Gear - 3 Sets (R) 15,000 15,000 Fire Department Portable Radios (R) 15,000 15,000 Fire Department Facility Repairs and Upkeep (R) 45,000 45,000 Fire Department Personnel Management Software (N) 22,000 22,000 SUBTOTAL - Fire Reserve for Appropriation*687,000 687,000 * Fire Reserve funds are from ambulance receipts (N) = New, (R) = Replacement, (M) = Maintenance Acting on Article 7. On motion made by Lu Matrascia and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 7 as printed in the warrant with the following amendments: For D-Y School District Station Ave. Elementary Trim, change the recommended amount from $30,000.00 to $15,000.00; and change the recommended amount to $0 for D-Y School District Exterior Lighting and D-Y School District Security Upgrades. Change the total amount recommended as shown on the bottom of page 16 from $1,496,000.00 to $1,421,000.00 and to fund such appropriations: transfer $619,000.00 from Free Cash; and transfer $687,000.00 from the Fire Reserve for Appropriation. The vote on Article 7 carries unanimously. ARTICLE 8: To see if the Town will vote to appropriate the sum of $1,037,000 for the use of the DPW 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 such expenditure raise and appropriate the sum of $583,443 and transfer $453,557 from Water fund balance. ITEM/PROJECT DEPT. REQUEST FINCOM RECOMMEND Water Division Water Meter Installation (R)265,000  265,000 Water Division Water Meter Replacement (R)150,000  150,000 Water Division Distribution Improvements (M)100,000  100,000 Water Division Undersized Main Replacement (R)100,000  100,000 Water Division Repairs to the System (M)100,000  75,000 Water Division Well Redevelopment and Pump Replacement (M & R)150,000  150,000 Water Division Boom Mower (N) 90,000  90,000 Water Division Water Storage Tank Painting (M)107,000  107,000 SUBTOTAL Water Special Revenue $1,062,000 $1,037,000 Notes: (N) = New, (R) = Replacement, (M) = Maintenance Acting on Article 8. On motion made by Curtis Sears and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 8 as printed in the warrant. The vote on Article 8 carries unanimously. ARTICLE 9: To see if the Town will vote to transfer from Free Cash and MEMA reimbursement and appropriate the sum of $562,000 for the following purposes or act on anything relative thereto: FIRE RESERVE FOR APPROPRIATION ITEM/PROJECT DEPT. REQUEST F INCOM RECOMMEND Fire Department Pumper - Third Lease Purchase Payment (R) 175,000 175,000 48 1. Fire Department Training $100,000 $100,000 2. Police Department Training $100,000 $100,000 3. General Government Training $25,000 $25,000 4. Assessor’s Revaluation $172,000 $172,000 5. Police/Fire Medical $40,000 $40,000 6. Human Services Grants $25,000 $50,000 7. Emergency Management $25,000 $25,000 8. Road Sweeping $50,000 $50,000 9. Dog Park $25,000 $0 Total $562,000 $562,000 Acting on Article 9. On motion made by Curtis Sears and duly seconded, the Board of Selectmen and Finance Committee recommend to move to appropriate $537,000.00 from Free Cash and $25,000.00 from MEMA Reimbursement for the purposes set forth in the warrant under FinCom Recommendations column. The vote on Article 9 carries by the requisite majority. ARTICLE 10: To see if the Town will vote to raise or transfer from available funds and appropriate a sum of money to fund the Regional Transfer Station FY13 Operating expense or act on anything relative thereto. Code Actual FY11 Appropriated FY12 Request FY13 Finance Comm FY13 TRANSFER STATION PW-24 wages (7) 408,575 417,253 $282,588 $282,588 PW-25 expense 1,421,841 1,683,129 $1,372,069 $1,372,069 Acting on Article 10. On motion made by James Quirk and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 10 as printed in the warrant and to fund such article transfer $370,438.00 from Transfer Station retained earnings. The vote on Article 10 carries unanimously. ARTICLE 11: To see if the Town will vote to raise or transfer from available funds and appropriate a sum of $246,750 to fund the Tourism Revenue Preservation Fund as authorized by Chapter 338 of the Acts of 2006. Acting on Article 11. On motion made by James Quirk and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 11 as printed in the warrant. The vote on Article 11 carries unanimously. ARTICLE 12: To see if the Town will vote to transfer $375,216 from the sources listed below to the Town’s Stabilization Fund or act on anything relative thereto. SOURCE DEPT. REQUEST FY12 Supplemental Local Aid Allotment $77,216 Overlay Reserve $150,000 Misc. Real Estate Tax Revenue $100,000 Free Cash $48,000 Total $375,216 Acting on Article 12. On motion James Quirk and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 12 as printed in the warrant with the following ITEM DEPT. REQUEST FINCOM RECOMMEND 49 amendments: Reduce the Free Cash line-item from $48,000.00 to $5,000.00. Reduce the total from $375,216.00. The vote on Article 12 carries by the requisite majority. ARTICLE 13: To see if the Town will vote to rescind the action taken on Article 47 of the May 4, 2009 Annual Town Meeting which authorized the development of affordable family rental housing on land owned by the Yarmouth Housing Authority in So. Yarmouth. Acting on Article 13. On motion made by Elvio Rodrigues and duly seconded, the Board of Selectmen does not recommend and the Finance Committee recommends 4-2 to move Article 13 as printed in the warrant. The vote on Article 13 carries by the requisite majority. ARTICLE 14: To see if the Town will vote to allocate the following sums of money from the estimated annual revenues of the Yarmouth Community Preservation Act in FY 2013 as required by G.L. c.149, §298 of the Acts of 2004. FY 2013 AMOUNT Community Housing Reserve $183,500 Open Space Reserve $183,500 Historic Preservation Reserve $183,500 Budgeted Reserve $900,000 Operating Expenses $91,000 Acting on Article 14. On motion made by Gary Ellis and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 14 as printed in the warrant. The vote on Article 14 carries by the requisite majority. ARTICLE 15: To see if the Town will vote to amend Article 27 from the May 2010 Town Meeting by adding the words, “to Our First Home, Inc. for land acquisition to create community housing” and deleting the words, “to acquire previously unbuildable vacant lots made buildable under the new affordable lot provisions of the Zoning Bylaw” as follows: To see if the Town will vote to transfer and appropriate for community housing purposes the sum of $100,000 from the Community Preservation Act Undesignated Fund Balance to Our First Home, Inc. for land acquisition to create community housing. to acquire previously unbuildable vacant lots made buildable under the new affordable lot provisions of the Zoning Bylaw. Acting on Article 15. On motion made by Gary Ellis and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 15 as printed in the warrant. The vote on Article 15 carries by the requisite majority. ARTICLE 16: To see if the Town will vote to transfer and appropriate for community housing purposes the sum of $286,000 by transfer of $168,000 from the Community Preservation Act Housing Reserve and $118,000 from the Undesignated Fund Balance to the Yarmouth Municipal Affordable Housing Trust created under G.L. c.44, §55C to create, preserve, and support affordable housing at or below 80% of the Area Median Income. Acting on Article 16. On motion made by Nathan Small and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 16 as printed in the warrant. The vote on Article 16 carries by the requisite majority. ARTICLE 17: To see if the Town will vote to transfer and appropriate for community housing purposes the sum of $430,000 from the Community Preservation Act Undesignated Fund 50 Balance to the Yarmouth Municipal Affordable Housing Trust Fund created under Massachusetts General Law c. 44, §55C for its Buy-down Program to support the acquisition, rehabilitation, and resale of single-family affordable homes to households at or below 80% of the Area Median Income. Acting on Article 17. On motion made by Nathan Small and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 17 as printed in the warrant. The vote on Article 17 carries by the requisite majority. ARTICLE 18: To see if the Town will vote to transfer and appropriate for community housing purposes the sum of $25,000 from the Community Preservation Act Undesignated Fund Balance to Hands of Hope, a non-profit organization, to assist Yarmouth households or individuals with permanent housing. Acting on Article 18. On motion made by Mary Ann Walsh and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 18 as printed in the warrant. The vote on Article 18 carries unanimously. ARTICLE 19: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $34,120 from the Community Preservation Act Undesignated Fund Balance to the Taylor Bray Farm Preservation Association to preserve Taylor-Bray Farm with a Phase II archeological site survey. Acting on Article 19. On motion made by Gloria Smith and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 19 as printed in the warrant. The vote on Article 19 carries unanimously. ARTICLE 20: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $24,900 from the Community Preservation Act Undesignated Fund Balance to rehabilitate the Taylor-Bray Farm cottage and outbuildings. Acting on Article 20. On motion made by Gloria Smith and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 20 as printed in the warrant. The vote on Article 20 carries unanimously. ARTICLE 21: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $266,200 by transfer of $174,566 from the Community Preservation Act Historic Reserve and $91,634 from the Community Preservation Act Undesignated Fund Balance to rehabilitate the South Yarmouth United Methodist Church building located at 318 Old Main Street in South Yarmouth. Acting on Article 21. On motion made by Thomas Roche and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 21 as printed in the warrant. The vote on Article 21 carries by the requisite majority. ARTICLE 22: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $36,800 from the Community Preservation Act Undesignated Fund Balance to the Strawberry Lane Foundation, Inc., a non-profit organization, to rehabilitate the Edward Gorey House located at 8 Strawberry Lane in Yarmouth Port. Acting on Article 22. On motion made by Gary Ellis and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 22 as printed in the warrant. The vote on Article 22 carries by the requisite majority. 51 ARTICLE 23: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $158,000 from the Community Preservation Act Undesignated Fund Balance to rehabilitate the First Congregational Church building located at 329 Route 6A in Yarmouth Port Acting on Article 23. On motion made by Nathan Small and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 23 as printed in the warrant. The vote on Article 23 carries by the requisite majority. ARTICLE 24: To see if the Town will vote to transfer and appropriate for historic preservation purposes the sum of $4,800 from the Community Preservation Act Undesignated Fund Balance to rehabilitate Ancient Cemetery located on Center Street in Yarmouth Port. Acting on Article 24. On motion made by Mary Ann Walsh and duly seconded, the Board of Selectmen and Finance Committee deferred to the Community Preservation Committee the Community Preservation Committee recommend to move Article 24 as printed in the warrant. The vote on Article 24 carries unanimously. ARTICLE 25: To see if the town will vote to eliminate the motel cap which limits the number of Guest Units by making the following changes to the Zoning Bylaw: 1. Amend Zoning Bylaw section 202.5, Use Regulation Table, by deleting row A7 in its entirety and replacing it with the following new text: 2. Amend Zoning Bylaw section 202.5, Use Regulation Table by deleting Footnote #25. 3. Deleting section 404.1.13. 4. Deleting section 404.2.11 Or to take any other action related thereto. Acting on Article 25. On motion made by Thomas Roche and duly seconded, the Board of Selectmen recommends and the Finance Committee deferred to the Board of Selectmen to move Article 25 as printed in the warrant. The vote on Article 25 carries unanimously. ARTICLE 26: To see if the Town will vote to insert a new article to General Provisions of the Yarmouth Town Code Book as follows: Chapter 1 General Provisions, Article II Non-substantive Editorial Revisions § 1-1. Numbering revisions in preparation of supplements. In conjunction with the preparation of supplements to the Town Code, the Town Clerk, after consultation with Town Counsel, may make non-substantive editorial revisions to the Town Code to ensure consistent and appropriate sequencing of numbering of sections, subsections, paragraphs and subparagraphs, provided that all such editorial revisions shall be referenced by a footnote which describes the revision and the reason therefore. 201.5 Use Regulation Table Res. RS-40 B1 B2 B3 MU APD AED MOD HMOD1 HMOD2 A7 Hotel or motel no no no yes no no PB no no yes yes 52 Acting on Article on Article 26. On motion made by James Quirk and duly seconded, the Board of Selectmen recommend and the Finance Committee deferred to the Board of Selectmen to move Article 26 as printed in the warrant. The vote on Article 26 carries unanimously. ARTICLE 27: To see if the Town will vote to amend Chapter 44 of the bylaws by adding a new paragraph, after the initial paragraph to Chapter 44, section 15 as follows: The members of any multiple member board, committee or commission, not appointed by the Board of Selectmen, may be removed by the town official or officials who appointed such members. Removal will be for cause and following a public hearing on such removal. Acting on Article 27 Suzanne McAuliffe and duly seconded, the Board of Selectmen and the Finance recommend to move Article 27 as printed as printed in the warrant. The vote Article 27 carries unanimously. ARTICLE 28: To see if the Town will vote to accept Chapter 40, Section 57, authorizing the denial of the issuance of local permits for non-payment of taxes and enact the following Bylaw Chapter 95 Licenses and Permits Issuance, Renewal and Transfers: 95-1. The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the Tax Collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the Licensing Authority, that issues licensed or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. 95-2. The Licensing Authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the Tax Collector; provided, however, that written notice is given to the party and the Tax Collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier then fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial , revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the Tax Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate. 95-3. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the 53 satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. 95-4. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders; if any, or members of his immediate family, as defined in Section one of Chapter two hundred and sixty-eight in the business or activity conducted in or on said property. 95-5. This section shall not apply to the following licenses and permits: open burning; section thirteen of chapter forty-eight; bicycle permits; Section eleven A of Chapter eighty-five; sales of articles for charitable purposes; Section thirty-three of Chapter one hundred and one; children work permits; Section sixty-nine of Chapter one hundred and forty-nine; clubs, associations dispensing food of beverage licenses, Section twenty-one E of Chapter one hundred and forty; dog licenses, Section one hundred and thirty-seven of Chapter one hundred and forty; fishing, hunting, trapping license, Section twelve of Chapter one hundred and thirty-one; marriage licenses; Section twenty-eight of Chapter two hundred and seven and theatrical events, public exhibition permits; Section one hundred and eight-one of Chapter one hundred and forty. Acting on Article 28. On motion made by Erik Tolley and duly seconded, the Board of Selectmen and Finance Committee recommend to move Article 28 as printed in the warrant. The vote on Article 28 carries unanimously. ARTICLE 29: To see if the Town will vote to disband and eliminate as a Town Committee the Government Oversight Committee or take any other action related thereto. Acting on Article 29. On motion made by Tracy Post and duly seconded, the Board of Selectmen recommend the Finance Committee defer to the Board of Selectmen to move Article 29 as printed in the warrant. The vote on Article 29 carries unanimously. ARTICLE 30: To see if the Town will vote to amend Chapter 79-2.1, Subsection F of the Yarmouth Code- Dog Licenses and Tags- by striking the first sentence which reads: "The Clerk shall collect a late fee for every dog license issued after July 1" and inserting in place thereof the following: "The Board of Selectmen shall set the date by which dog licenses must be renewed. The Clerk shall collect a late fee for every dog license issued after the date established by the Board of Selectmen." Acting on Article 30. On motion made by Tracy Post and duly seconded, the Board of Selectmen recommend and the Finance Committee deferred to the Board of Selectmen to move Article 30 as printed in the warrant. The vote on Article 30 carries by the requisite majority. On motion made and duly seconded to adjourn the Annual Town Meeting. The vote to adjourn the Annual Town Meeting carries unanimously. AND, also, in the name of the Commonwealth, you are hereby directed to serve this Warrant by posting attested copies thereof at four public places, one on the north side of Town and three on 54 the south side and also by publication in the Yarmouth Register at least seven days before the time of holding said meeting, as aforesaid. Hereof, fail not, and make return of this Warrant with your doings thereon at the time and place of said meeting. Given under our hands and the seal of the Town of Yarmouth, hereto affixed this 6th day of March, 2012. Erik Tolley, Chairman E. Suzanne McAuliffe Tracy Post Curtis Sears James H. Quirk Board of Selectmen ANNUAL TOWN ELECTION OFFICIAL RESULTS MAY 15, 2012 NAME OF CANDIDATE PREC.1 PREC.2 PREC.3 PREC.4 PREC.5 PREC.6 PREC.7 TOTAL SELECTMAN 3 Years (2) E. Suzanne McAuliffe 336 206 166 197 132 141 324 1502 Erik R. Tolley 376 300 217 307 186 161 415 1962 Norman C. Holcomb 287 273 179 349 167 125 356 1736 Write-In 1 10402 210 Blanks 128 120 58 139 71 51 127 694 Total 1128 900 620 996 556 480 1224 5904 D-Y Regional School District Committee 3 Years Stepehn L. Edwards 308 259 167 265 107 106 350 1562 Christine K. Greeley 232 174 133 217 164 124 243 1287 Write-In 0 00011 13 Blanks 24 17 10 16 6 9 18 100 Total 564 450 310 498 278 240 612 2952 Yarmouth Housing Authority 5 Years Mary Ann Walsh 429 344 254 362 219 188 481 2277 Write-Ins 3 4 1 5 0 2 11 26 Blanks 132 102 55 131 59 50 120 649 Total 564 450 310 498 278 240 612 2952 55 NAME OF CANDIDATE PREC.1 PREC.2 PREC.3 PREC.4 PREC.5 PREC.6 PREC.7 TOTAL REPUBLICAN SENATOR IN CONGRESS Scott P. Brown 203 207 130 201 134 160 289 1324 Write-Ins 0 3 1 0 2 2 2 10 Blanks 8 8 1 3 4 9 2 35 Total 211 218 132 204 140 171 293 1369 REPRESENTATIVE IN CONGRESS NINTH DISTRICT Adam G. Chaprales 175 164 105 174 103 134 234 1089 Christopher Sheldon 21 42 22 25 29 23 42 204 Write-Ins 1 1 1 0 0 0 0 3 Blanks 14 11 4 5 8 14 17 73 Totals 211 218 132 204 140 171 293 1369 COUNCILLOR FIRST DISTRICT Charles Cipolilini 170 176 107 165 109 139 227 1093 Write-Ins 1 0 0 0 0 0 0 1 Blanks 40 42 25 39 31 32 66 275 Total 211 218 132 204 140 171 293 1369 SENATOR IN GENERAL CAPE & ISLANDS DISTRICT Write-Ins 3 1 1 0 0 3 2 10 Blanks 208 217 131 204 140 168 291 1359 Total 211 218 132 204 140 171 293 1369 REPRESENTATIVE IN GENERAL COURT FIRST BARNSTABLE DISTRICT Write-Ins 4 0 2 2 0 0 2 10 Blanks 207 218 130 202 0 0 291 1048 Total 211 218 132 204 0 0 293 1058 REPRESENTATIVE IN GENERAL COURT SECOND BARNSTABLE DISTRICT Write-Ins 0 0 0 0 0 2 0 2 Blanks 0 0 0 0 140 169 0 309 Total 0 0 0 0 140 171 0 311 CLERK OF COURTS BARNSTABLE COUNTY Scott W. Nickerson 184 186 117 185 127 148 259 1206 Write-Ins 0 0 1 0 1 0 0 2 Blanks 27 32 14 19 12 23 34 161 Total 211 218 132 204 140 171 293 1369 RESISTER OF DEEDS BARNSTABLE COUNTY John F. Meade 184 185 117 184 130 143 254 1197 Write-Ins 0 1 1 0 1 0 1 4 Blanks 27 32 14 20 9 28 38 168 Total 211 218 132 204 140 171 293 1369 COUNTY COMMISSIONER BARNSTABLE COUNTY Eric R. Steinhilber 177 180 115 176 116 138 249 1151 Write-Ins 0 1 4 1 2 1 3 12 Blanks 245 255 145 231 162 203 334 1575 Total 422 436 264 408 280 342 586 2738 STATE PRIMARY OFFICIAL RESULTS SEPTEMBER 6, 2012 56 SPECIAL TOWN MEETING COMMONWEALTH OF MASSACHUSETTS OCTOBER 22, 2012 Barnstable, ss. To the Constable of the Town of Yarmouth in the County of Barnstable, Greetings, In the name of the of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in Town affairs to meet in the Mattacheese Middle School Building in said Town, Monday, the 22nd day of October 2012 at six-thirty o’clock (6:30 p.m.) in the evening, then and there to act on the following articles. Prior to opening the meeting Daniel Horgan, Moderator went over the procedure of how the meeting would be run. Mr. Horgan asked for everyone to stand and say the pledge of allegiance. The Special Town Meeting came to order at 6:40 P.M. at Mattacheese Middle School, Daniel E. Horgan, Moderator presiding. The warrant was read by the Moderator. The Board of Selectman Chairman, Erik Tolley and John Moylan, Chairman of the Finance Committee made an opening statement ARTICLE 1: To see if the Town will vote to authorize the Board of Selectmen, acting as the Water Commissioners, to enter into any contracts including but not limited to a Net-Metered Power Sales Agreement on behalf of the Town with private parties or other governmental organizations related to the construction and operation of a net-metered solar photovoltaic facility (the “Project”) located on portions of several parcels of land described below (the “Solar Energy Fields”); and further to authorize the Board of Selectmen, acting as Water Commissioners, to grant any necessary easements, including temporary easements and access easements for the implementation of this Project and to take all actions necessary to carry out the Project; provided, however, that any contracts shall not have a term of more than 25 years; the Solar Fields being described as follows: Solar Fields: A) A portion of a certain parcel of land on Wellfield Area No.20, South and West of Higgins Crowell Road, as shown on Assessor’s Map 83, parcel 8.1 (40.8± acres), acquired by the Town for wellfield purposes pursuant to an Order of Taking dated September 18, 1978, and recorded in the Barnstable County Registry of Deeds at Book 2794 Page 80, said portion, being shown as approximate 500 ft by 500 ft square area, shown on a plan on a plan entitled “Town of Yarmouth Proposed Solar Energy Field(s) “A” and “B”’. B) A portion of a certain parcel of land on Wellfield Area No.24, West of Higgins Crowell Road, as shown on Assessor’s Map 74, parcel 5 (107.46± acres), acquired by the Town for wellfield purposes pursuant to an Order of Taking dated July 23, 1984, and recorded in the Barnstable County Registry of Deeds at Book 4191 Page 028, said portion, being shown as approximate 500 ft by 500 ft square area, shown on a plan on a plan entitled “Town of Yarmouth Proposed Solar Energy Field(s) “A” and “B”. C) A portion of a certain parcel of land on Wellfield Area No.23, East of MidTech Drive, as shown on Assessor’s Map 84, parcel 15 (107.08± acres), acquired by the Town for wellfield purposes pursuant to an Order of Taking dated July 11, 57 1985, and recorded in the Barnstable County Registry of Deeds at Book 4620 Page 309, said portion, being shown as approximate 500 ft by 500 ft square area, shown on a plan on a plan entitled “Town of Yarmouth Proposed Solar Energy Field “C”.” Said plans are on file with the Office of the Town Clerk; and further to transfer the care, custody, management and control of said portion of these parcels to the Board of Selectmen, acting as the Board of Water Commissioners, for water supply purpose and for the purpose of solar energy fields; and further to authorize the Board of Selectmen, acting as the Board of Water Commissioners, to petition the General Court for approval of such change in use and transfer of these portions of the parcels as may be required pursuant to the provisions of Article 97 of the Amendments of the Constitution of the Commonwealth of Massachusetts, and to act fully thereon. Acting on Article 1. On motion made by Erik Tolley, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 1 as printed in the warrant. The vote on Article 1 carries unanimously. ARTICLE 2: To see if the Town will vote to transfer and convey a certain parcel of real estate containing 1.14 acres, more or less, situated on Higgins Crowell Road as shown on a plan prepared by the Town of Yarmouth Surveying Department on file with the town clerk to John Tracy Wiggin. Said transfer is in consideration of the settlement of an eminent domain action pending in the Barnstable Superior Court under Docket Number BACV2007-0282-A, and to authorize the Board of Selectmen to take any and all steps necessary to effectuate said transfer or to take any other action related thereto. Acting on Article 2. On motion made by Erik Tolley, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 2 as printed in the warrant. The vote on Article 2 carries by requisite 2/3 majority. ARTICLE 3: To see if the Town will vote to authorize a contract, license or lease for a term of up to twenty years as authorized under Chapter 30B of the Massachusetts General Laws for the rental of space on Town property for cellular towers or other communications equipment. Acting on Article 3. On motion made by Norman Holcomb, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 3 as printed in the warrant. The vote on Article 3 carries by the requisite majority. ARTICLE 4: To see if the Town will vote to transfer from available funds and appropriate the sum of $12,500 to fund Police Cruiser equipment. Acting on Article 4. On motion made by Norman Holcomb, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 4 as printed in the warrant. The vote on Article 4 carried unanimously. ARTICLE 5: To see if the Town will vote to authorize the Board of Selectmen to enter into a contract for the disposal of the Town’s solid waste for a period not to exceed 30 years commencing on January 1, 2015, on such terms and conditions as the Board of Selectmen deems to be in the best interests of the Town; which contract may include a provision that the Town shall not be exempt from liability for the payment of contract sums in future fiscal years; or to take any other action relative thereto. 58 Acting on Article 5. On motion made by Curtis Sears, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 5 as printed in the warrant. The vote on Article 5 carries unanimously. ARTICLE 6: To see if the Town will vote to transfer and appropriate for community housing purposes the sum of $625,000 from the FY 2013 Community Preservation Act Budgeted Reserve to Housing Assistance Corporation for the creation of 100% affordable rental units to serve households at or below 60% of the Area Median Income on land situated in West Yarmouth, Massachusetts, consisting of 66,144 square feet (1.52 acres), more or less, identified as 543 Route 28, 6 & 8 Reindeer Lane, 12 & 14 Reindeer Lane, 16 & 18 Reindeer Lane, 15 & 17 Reindeer Lane, and 11 & 13 Reindeer Lane; recorded with the Barnstable County Registry of Deeds in Book 17982/Page 54, Book 18688/Page 40, Book 15700/Page 150, Book 20573/Page 14, Book 12558/Page 245, and Book 12500/Page 227 respectively; as shown on Assessor’s Map 31, Lots 136.1, 136.2, 136.3, 136.4, 136.5, 136.6; and to authorize the Board of Selectmen to accept an affordable housing regulatory agreement and declaration of restrictive covenants approved by both the Massachusetts Department of Housing and Community Development and the Town on said property which meets the requirements of G.L. Ch. 184; and if State funding is not secured and construction contracts have not been executed within five years from the appropriation date said funds shall revert to the Community Preservation Act Fund. Acting on Article 6. On motion made by Curtis Sears, and duly seconded, the Board of Selectmen and Finance Committee recommend, to move Article 6 as printed in the warrant. The vote on Article 6 carries by the requisite majority. ARTICLE 7: To see if the Town will vote to amend the Zoning Bylaw and the Zoning Map, to create a new Village Centers Overlay Zoning District (VCOD), as follows: 1. Amend the Zoning Map to create a “Village Centers Overlay District” with four districts (“VC1”; “VC2”; “VC3”; and “VC4”) with each district including the following parcels: a. VC1: Map 31, Parcel: 132 Map 32, Parcels: 12C, 63, 64, 65, 66, 67, 68, 69, 83, 84, 85C, 86, 87, 88, 89, 90, 91, 92, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 154, 155, 169, 170, 171, 189, 190, and 191. b. VC2: Map 32, Parcels: 93, 94, 95, 110, 111, 112, 113, 114, 115 and 116. Map 33, Parcels: 34, 35C, 36.1, 38, 39, 40, 41.1, 41.2, 41.3, 42, 50, 63, 64.1, 70, 71, 72, 73, 74, 75, 76, 77C and 107. Map 41, Parcels: 12, 14C, 15 and 16. c. VC3: Map 33, Parcel: 94 Map 41, Parcels: 17, 18, 19, 20, 21.1, 22, 23, 24.1, 25, 26, 27, 28.1, 46, 47, and 48. Map 42, Parcels: 21, 22, 23, 32.1, 33.1, 34, 35, 36, 37.1, 37.2, and 38. Map 50, Parcels: 1, 187, 188, 189.1, 190, 191, 192, 193, 194, 195, 196, 197, and 198 d. VC4: Map 42, Parcels: 39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52. Map 50, Parcels: 100, 101, 102, 103, 104.1, 105.1, 106.1, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117.1, 173, 184.1.1, 185, and 186 59 2. Amend Section 103.3 Site Plan Review. – by adding the following new text after “Site Plan Review.” as shown: 103.3 Site Plan Review. Projects developing or redeveloping under Section 414, VCOD, are not subject to this Section 103.3 and shall be regulated by Section 414.3.2 (VCOD Site Plan Review) and shall follow the procedures and requirements as set forth therein. 3. Amend various subsections of Section 103.4 Design Review – by amending the subsections as shown. [NO CHANGES FOR 103.4.1] 103.4.2 Applicability and Jurisdiction. All commercial uses located south of Route 6 and all projects subject to the provisions of Bylaw sections 404, 411 and 414 shall be subject to design review. [NO CHANGES FOR 103.4.3] 103.4.4 Design Review Authority. 1. The Planning Board shall review all projects in the Jurisdiction that are located in the HMOD2 for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board. Such review shall take place at a duly posted and advertised hearing and after notification of those proceedings by mail to all abutters and abutters to abutters within 300 feet of a project locus. 2. The Planning Board shall review all projects within the Jurisdiction that are submitted for approval under Bylaw section 411, the R.O.A.D. Bylaw, for compliance with the Yarmouth Architectural and Site Design Standards, as adopted and from time-to-time amended by the Planning Board. 3. The Design Review Committee shall review all applications within the VCOD pursuant to Section 414. 4. The Design Review Committee shall review all other commercial and mixed-use projects within the Jurisdiction and make recommendations based on the Yarmouth Architectural and Site Design Standards. Recommendations shall concern the conformity of the proposed actions with the goals and objectives outlined in section 103.4.3 and may include such items as building style and features, architectural details, lighting, landscaping, materials encouraged, examples of craftsmanship, height and proportions, roof shape and pitch, directional expression, relationship of building and spaces, and other considerations as deemed appropriate by the Design Review Committee. 103.4.5 Design Review Representative. The design review authority shall designate a representative to participate in Site Plan Review, as outlined in section 103.3.3 1. For design review of all projects in the Jurisdiction submitted in conjunction with Bylaw section 404.2, the Motel Bylaw and in conjunction with Bylaw section 411, the Revitalization Overlay Architectural District (R.O.A.D.) Bylaw, A Planning Board member (or its designee) shall act as the Design Review Representative on the Site Plan Review Team. 2. For design review of all other all other commercial and mixed-use projects within the jurisdiction, except VCOD, a Design Review Committee member shall act as the Design Review Representative on the Site Plan Review Team. 60 103.4.6 Procedures. Design Review must precede Site Plan Review. Applicants for projects submitted in conjunction with Bylaw sections 404 and 411 must submit 8 copies of the architectural building elevations, certified site plan, lighting plans, landscape plans, and sign plans. Applicants for development under the VCOD shall provide application materials in accordance with Section 414.3.2. Applicants for all other applicable projects within the Jurisdiction must submit only 4 copies of the site plan and architectural elevations but are encouraged to submit lighting plans, landscape plans and sign plans for review. Application materials must be submitted to the Community Development Department for scheduling with the proper Review Authority. 4. Amend Section 104.3 Nonconformancy. - by deleting it in its entirety and replacing it with the following new text as shown: 104.3 Nonconformancy. The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this bylaw may be continued, although such structure or use does not conform with provisions of the bylaw, subject to the following conditions and exceptions, except for properties developing or redeveloping under Section 414, VCOD, in which nonconformity is regulated by Section 414.4 and not this Section 104.3: 5. Amend Section 104.3.4 Nonconforming Lots. - by amending paragraph number “4.” as follows: Amend the title and first sentence by adding the text “or in the VCOD” after “In a B1, B2, or B3 District” as shown: “Business and Industrial Lots. In a B1, B2, or B3 District or in the VCOD, any increase in area or frontage . . . . ” Amend the second sentence by adding the text “or in the VCOD” after “In a B1, B2, or B3 zoning district” as shown: “Contiguous lots in common ownership shall be combined and/or re-subdivided . . . . . . . . . shall not apply to a lot in a B1, B2, or B3 zoning district, or in the VCOD, for allowed uses within said zoning districts . . . . . .” 6. Amend Section 201.1 Classes of Districts. - by adding the following classes of districts to the list of districts: Village Centers Overlay District 1 (VC1) Village Centers Overlay District 2 (VC2) Village Centers Overlay District 3 (VC3) Village Centers Overlay District 4 (VC4) 7. Amend Section 201.2 Zoning Map. - by adding the text “all districts of the VCOD” to the section as shown: 201.2 Zoning Map. B1, B2, B3, AED, MU, APD, MOD, HMOD1, HMOD2, ROAD, all districts of the VCOD, and all residential districts . . . . . . 8. Amend Section 202.1 Application. – by amending the first sentence by adding the text “, or in other sections of this bylaw” to the end of the sentence as shown: 202.1 Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. 61 9. Amend Section 202.5 Use Regulation Table - by adding four columns denoted as “VC1”, “VC2”, “VC3”, and “VC4” and designating each of the uses in the Use Regulation Table in the “VCOD” districts with the following symbols as per Section 202.4 Symbols: 62 63 64 10. Amend Section 202.5 FOOTNOTES: - to add the following new footnotes to Section 202.5 as shown: 28. Only allowed pursuant to the Housing Provisions in the VCOD as listed in Section 414. 29. Water Transportation is limited to establishments primarily engaged in providing water transportation of passengers such as water taxis. 65 30. Except “yes” for public wastewater treatment plant. 31. Includes “yes” for parking garage pursuant to the regulations set forth in Section 414. 32. Except “BA” for car wash facility. Said car wash facility shall meet the requirements of a drive- through as provided for in Section 414. 33. Except “no” for drive-in theaters. 34. Includes a water park allowed pursuant to regulations set forth in Section 414. 35. Except “PB” for Assisted Living Retirement Communities. 36. Except “BA” for boat sales and service. 37. Except “No” for fuel oil dealers. 38. Except “No” for dry cleaning establishments that perform cleaning on-site. 39. Except “BA” for car rental as an accessory use. 40. Except “BA” for boat repair services. 41. Except “Yes” for residences above commercial (top of shop). 11. Amend Section 203.3 Front Yard. – by deleting it in its entirety and replacing it with the following text as shown: 203.3 Front Yard. Except for properties developing or redeveloping pursuant to Section 414, VCOD, no building need be set back more than thirty percent (30%) of the depth of the lot nor more than the average of the setbacks of the buildings on the lots next thereto on either side. A vacant lot or a lot occupied by a building set back more than the required front yard setback is counted as though occupied by a building at the setback line. This section does not apply to VCOD development. 12. Amend Section 203.4.1 (Building Height) - by deleting the first paragraph in its entirety and replacing it with the following new text as shown: 203.4.1 Unless otherwise indicated in this Bylaw, in all zoning districts, building height shall not exceed that which is outlined in Section 203.4.2 Table of Maximum Building Height. No building, except as outlined in Section 404 or in Section 414, shall contain more than three stories, except that the building height for motels that are not subject to the provisions of Section 404 or in Section 414 shall not exceed thirty (30) feet or contain more than two stories. In buildings intended solely for single-family residential use, a third story above grade may occur in a habitable attic. In no other buildings will a third story be allowed to be habitable, except in buildings to which Section 404 or Section 414 applies. Platforms, lofts and other structures constructed to provide a surface higher than the floor of the second story in any building except single-family residential buildings and buildings to which Section 404 or Section 414 applies, shall not be habitable. 13. Amend Section 203.4.2 Table of Maximum Building Height - by adding a row to the beginning of the table as shown: 203.4.2 Table of Maximum Building Height Structure In FEMA Flood Zones A or V On Upland with a Negative Slope (C) On Upland with a Positive or Neutral slope (C) VCOD (all districts) Per Section 414 66 14. Amend Section 203.5 Table of Dimensional Requirements (A) - by adding a row to the end of the table as shown: VCOD (all districts) The Village Centers Overlay District (VCOD) overlays other districts and the dimensional requirements of Section 414 shall govern. 15. Amend Section 301.2 Applicability. (Parking and Loading Requirements) - by adding the text “Except for projects developing or redeveloping under Section 414, VCOD,” to the beginning of the first sentence as shown: 301.2 Applicability. Except for projects developing or redeveloping under Section 414, VCOD, buildings, structures, and land uses . . . . .” 16. Amend Section 301.2 Applicability. (Parking and Loading Requirements) – by adding a second paragraph to the section as shown: Projects developing or redeveloping under Section 414, VCOD, are not subject to this Section 301. (Parking and Loading Requirements) and shall be regulated by Section 414.7. (Parking Requirements) for the VCOD and shall follow the procedures and requirements as set forth therein. 17. Amend Section 302.2 by revising the first sentence by adding the text, “, or in the VCOD,” after the words, “B2, B1 or B3 zones” as shown: 302.2 In order to prevent dust, erosion, silting or other instability, and storm water diversion onto adjoining properties, no lot or portion of a lot containing a commercial or industrial use or located in the B2, B1 or B3 zones, or in the VCOD, may be cleared of vegetation without issuance of a clearing permit by the Building Inspector. 18. Amend Section 303.1 Goals and purposes (Signs) – by adding a second paragraph to Section 303.1 as shown: See Section 414.8.11 (Signage) for supplemental regulations specific to development under Section 414, VCOD. 19. Amend Section 303.5 Signs Allowed Only in B1, B2 And B3 Zones - by re-titling the section to now add “and the VCOD” and adding the following text beneath the re-titled section as shown: 303.5 Signs Allowed Only in B1, B2 And B3 Zones and the VCOD. See Section 414.8.11 (Signage) for supplemental regulations specific to development under Section 414, VCOD. 20. Amend Section 401.3 Commercial Outdoor Display. - by deleting it in its entirety and replacing it with the following text as shown: Except in the VCOD, the outdoor display of any of the following items for sale or rent, shall not be allowed at any commercial establishment in any district: clothing, household furnishings and all other items not intended for outdoor use. No outdoor displays are allowed to be placed in the required buffer zones of any commercial lot. Outdoor display of retail goods in the VCOD shall only occur along the façade of those commercial or mixed use structures where the goods are sold, shall not be within a public right of way, and shall not occur outside of normal business hours. 21. Amend Section 402.3 Applicability. - by adding a second paragraph to Section 402.3 as shown: 67 Section 402 shall not be applicable to projects developing or redeveloping under Section 414, VCOD. 22. Amend Section 408.7.5 Scenic Landscape and Vistas - by adding a paragraph “3.” to the Section with the following text as shown: 3. Personal Wireless Service Facilities shall not be located within the Viewshed as designated and located in the VCOD. 23. Amend Section 411.3 Applicability. (ROAD) - by deleting it in its entirety and replacing it with the following new text as shown: 411.3 Applicability. The district shall be superimposed over that property or lots which are within the B1, B2, or B3 zoning districts south of Route 6. Projects developing or redeveloping under Section 414, VCOD, shall not be permitted to submit a proposal under the Revitalization Overly Architectural District. 24. Amend Section 412.1.2 Applicability. (Affordable Housing) - by adding the text, “414 Village Centers Overlay District,” to the first sentence after the words “404 Motels,” as shown: 412.1.2 Applicability. This bylaw section is applicable to affordable housing units created in accordance with Bylaw sections 404 Motels, 414 Village Centers Overlay District, 412.2 Inclusionary Zoning, 412.5 Affordable Lots or by a Special Permit Granting Authority. 25. Amend Section 412.2.2 Applicability. (Inclusionary Zoning) - by adding a paragraph numbered “4” under the second numbered paragraph of Section 412.2.2, under heading, “This bylaw section is not applicable to:” as shown: 4. Assisted Living Retirement Communities as applicable under Section 414, VCOD, pursuant to Section 202.5 Use Regulation Table (Use P5) and defined in Section 500. 26. Amend Section 412.2.4 Bonus Density. (Inclusionary Zoning) – by revising the first sentence as shown: 412.2.4 Bonus Density. Except for cluster subdivision as outlined in Sec 402 of this Bylaw, and for projects developing under VCOD regulations of this bylaw, a bonus density shall be allowed, provided the affordable housing units are restricted in perpetuity. 27. Amend Section 413.3.7.2.3. Scenic Landscape and Vistas. - by adding a paragraph “3.” with the following new text: 3. Wind Energy Facilities shall not be located within the Viewshed as designated and located in the VCOD. 28. Amend Section 500. Definitions. - by adding the following new definitions: ASSISTED LIVING RETIREMENT COMMUNITIES – As allowed for in the VCOD, a town operated, state or federally aided housing development, or self-contained retirement community, which consists of multi-family dwellings designed and reserved specifically to accommodate the semi-independent elderly population. Such multi-family housing shall include group facilities for dining, food preparation, and social interaction. Elderly shall mean those persons aged fifty-nine (59) or older. Assisted Living Retirement Communities shall be made up of (1) or two (2) bedroom units. Such units shall be designed to accommodate one (1) or two (2) elderly persons. Aside from the bedroom(s) and bath(s), the unit may have, but is not required to have, a small kitchen and/or small living room. Assisted 68 Living Retirement Communities shall have no more than twenty percent (20%) two (2) bedroom units. Units developed under Assisted Living Retirement Communities shall not be subject to Section 412.2, Inclusionary Zoning. COMMERCIAL TENANT - For the purposes of the VCOD bylaw, meaning an individual business, corporation, owner or tenant. INDOOR WATER PARK - A commercial recreational facility, enclosed by walls and a roof, engaged in activities including but not limited to facilities for aquatic recreation, such as water slides, swimming pools, splash pads, water playgrounds, and other recreational water activities. VIEWSHED - An area that is aesthetically and/or culturally valuable due to its visual significance and is visible from public roads. 29. Amend the Zoning Bylaw by adding the following new Section 414: 414. VILLAGE CENTERS OVERLAY DISTRICT (VCOD) 414.1 Purpose. The purpose of the Village Centers Overlay District (VCOD) is to guide and encourage growth and redevelopment to areas with significant opportunities for infrastructure in order to preserve and revitalize the Town of Yarmouth’s natural, cultural and economic resources, while supporting sustainable development that enhances and improves the community’s character and sense of place. The district will provide incentives for economic development that will promote year round tourism and employment while requiring strict design standards including compliance with the Yarmouth Architectural and Site Design Standards as adopted and amended by the Planning Board. The district will establish a series of contiguous but distinctive mixed use village centers that will create both a destination for tourists and a neighborhood for residents and business owners. Site and building design will encourage pedestrian and bicycle traffic by:  reducing the number of curb cuts,  providing walkable connections between properties,  incorporating centralized parking facilities,  allowing shared parking,  encouraging public transportation facilities, and bike paths; and  requiring sidewalks, and attractive lighting and streetscape design reflective of Yarmouth’s community character. 414.1.1 Villages in the Overlay District - The Village Centers Overlay District has been divided into four (4) distinct classes of districts: 1. Village Center 1 (VC1) – The purpose of VC1 is to encourage development and redevelopment that will enhance the character of Parker’s River, promote public recreational activities and create a mix of uses in a village setting that encourages pedestrian activity. 2. Village Center 2 (VC2) – The purpose of VC2 is to encourage development and redevelopment that focuses on residential uses with a mix of compatible, smaller commercial uses that will encourage people to live, work and shop in the district to promote a walk-able, livable neighborhood. 69 3. Village Center 3 (VC3) – The purpose of VC3 is to create opportunities for economic development that will provide year-round family-oriented activities that are appealing to residents and visitors, and create jobs for local residents. 4. Village Center 4 (VC4) – The purpose of VC4 is to encourage opportunities for economic development and redevelopment that focuses primarily on commercial uses that support year-round residents and provide year-round companion commercial businesses and accommodations to enhance the family-oriented activities area of VC3. 414.2 Applicability. The provisions of this subsection shall apply to those properties or lots which are located within the Village Centers Overlay District as shown on the map entitled "Zoning Map of the Town of Yarmouth," as most recently amended. 414.2.1 Overlay. The VCOD shall be construed as overlaying other existing zoning districts. The VCOD confers additional development opportunities that may be pursued at the discretion of the property owner and through the permit processes described herein. VCOD provisions may be voluntary or required in accordance with the following conditions: 1. Where a site has not been previously reviewed and developed under the VCOD provisions, development may occur in accordance with the underlying zoning or the VCOD and submittal for VCOD development applications shall be voluntary. 2. Where development activity for a given site was reviewed and approved as part of VCOD provisions, but a building permit has not been issued by the Town of Yarmouth, future review for development applications on the site may either be under the VCOD provisions or those of the underlying district. 3. Where development activity for a given site has been reviewed and approved as part of the VCOD provisions, and a building permit has been issued by the Town of Yarmouth, any future development applications shall be reviewed in accordance with the procedures and standards of the VCOD. 414.2.2 Conflicts. If the applicant chooses development under this Section 414, and where conflicts exists between this Section 414 and the rest of the Town of Yarmouth Zoning Bylaw, this Section 414 and regulations specifically referencing the VCOD shall apply. 414.2.3 Motels/Hotels. Motels and Hotels that are located within the VCOD and also located within and meet the applicability of Section 404.1 (Hotel/Motel Overlay District 1 (HMOD1), may opt for development under Section 404.1 (HMOD1) or this Section 414. 414.2.4 ROAD Applicability. Development pursued under this Section 414 shall not be permitted to submit a proposal under the Revitalization Overlay Architectural District (ROAD) under Section 411 (ROAD). 414.2.5 Severability. The provisions of this Section 414 and other sections relating to the VCOD and classes of districts therein are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect. 414.3 Permit Review Thresholds The following permit thresholds shall be used to determine which permit process is required for any proposed VCOD development. 414.3.1 Building Commissioner Review. Applications for as-of-right VCOD development with the following characteristics shall be reviewed by the Building Commissioner. 70 1. The proposal would create less than 1,000 square feet of new or reconfigured floor area; or 2. The proposal would create or require fewer than five (5) new or additional parking spaces. 414.3.2 VCOD Site Plan Review. Applications for as-of-right development that exceed the thresholds for Building Commissioner review shall be reviewed by the Planning Board in accordance with the procedures and requirements listed in Section XVI of the Operational Regulations of the Yarmouth Planning Board. The Building Commissioner shall not issue a building permit without Planning Board Site Plan Review. No application for Special Permit under Section 414 may be filed prior to completion of the Planning Board Site Plan Review process. Any appeal of Planning Board Decision on Site Plan Review shall be made to the Zoning Board of Appeals. 414.3.3 Special Permits. The Board of Appeals shall be the Special Permit Granting Authority (SPGA) for all districts within the VCOD except where otherwise specifically noted. All application materials customarily prepared for VCOD Site Plan Review shall be submitted to the SPGA. The SPGA shall consider the following criteria when acting on a Special Permit application and may use these criteria to approve, approve with conditions, or deny said application: 1. Where applicable, the Planning Board Site Plan Review Decision; 2. The development provides for or supports Mixed Use development, where appropriate; 3. The development maintains or improves pedestrian access and outdoor public spaces; 4. The development provides for open space; 5. The development uses low impact design techniques to mitigate hydrologic impacts consistent with any applicable town standards for erosion and sediments control, soil protection, and stormwater management; 6. The development eliminates or minimizes curb cuts on Route 28; 7. The development provides for or contributes to alternative transportation or travel demand management; 8. Any relief granted in yard setback requirements creates a better alignment of buildings, improves the design of the building façade, or where necessary better accommodates shop entrances, plazas, sidewalk cafes, and pocket parks; 9. Any relief granted in yard setback requirements creates a safe and visually attractive walkable access/egress to parking areas; 10. The relief granted in yard setback requirements will not create significant interruption of the alignment of any sidewalk constructed on public or private property or will not otherwise interfere with pedestrian access; 11. The development provides for public access to Swan Pond, Parker’s River, or public walkways and/or boardwalks; 12. The proposed development preserves significant viewshed to the Parkers River through site design and building scale and placement; 13. No undue nuisance, hazard or congestion will be created and there will be no substantial harm to the established or future character of the neighborhood or town; 14. The granting of a Special Permit would be consistent with the purpose of this Section 414; 15. The granting of a Special Permit would not decrease the degree to which the proposed development is consistent with the Yarmouth Architectural and Site Design Standards as adopted and amended; and 71 16. The granting of a Special Permit does not cause any violation of the Design Standards provided in Section 414.8. Additionally, the SPGA shall follow other applicable criteria and procedures as set forth under the specific section of the Yarmouth Zoning Bylaw for which a Special Permit is being sought. 414.4 Non-Conforming Structures, Uses & Lots. Lawfully pre-existing non-conforming structures; lawfully pre-existing non-conforming lots; and lawfully pre-existing non-conforming uses, may be continued, but shall not be extended or altered except as allowed for in the provisions stated herein: 414.4.1 Non-Conforming Lots: 414.4.1.1 Lawfully pre-existing structures; other than single-family or two-family structures which are provided for in 414.4.4 below; located on lawfully pre-existing non-conforming lots that are rendered dimensionally non-conforming by the minimum lot area or minimum lot frontage, may be extended, altered, or razed and replaced by right provided that: (a) the resulting development, in its whole, complies with all other applicable provisions of this Section 414, including bringing any existing structural non-conformity into conformity. Acquiring a special permit for any structural relief shall constitute structural conformity; and (b) the lot, at the time of recording or endorsement, whichever occurred sooner, conformed to the then existing lot area and frontage requirements; and (c) the lot has at least eight thousand five hundred (8,500) square feet of area and fifty (50) feet of frontage; and (d) the lot is not held in common ownership with any other contiguous lot, or was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements. If a Special Permit is required pursuant to other applicable provisions of this bylaw other than for minimum lot area or minimum lot frontage; then relief from minimum lot area or minimum lot frontage shall not be an element of the Special Permit application provided that the above (a) through (d) requirements are met. No variances are required if a Special Permit is obtained. 414.4.1.2 Single family and two-family structures on lawfully pre-existing non-conforming lots may be developed in accordance with Section 104.3.2(1) and 104.3.2(2) and shall not be developed under the VCOD Bylaw. 414.4.1.3 Lots which do not conform to the dimensional requirements of this bylaw, as amended, shall not be individually built upon unless combined and/or re-subdivided so as to meet the revised dimensional requirements except as provided for in this Section 414.4 or as provided for in Section 104.3.4 of this bylaw. 414.4.1.4 Other Adjoining Non-conforming Lots. Lots which do not meet the exception of this Section 414.4 or Section 104.3.4, may be combined and/or re-subdivided pursuant to Section 104.3.5. 414.4.2 Non-Conforming Uses: Lawfully pre-existing non-conforming uses sited in lawfully conforming or lawfully pre-existing non-conforming structures may be continued but may not be extended or altered except as allowed for in the provisions as stated herein. 72 414.4.2.1 Abandonment. A non-conforming use which has been abandoned or discontinued for the period of two (2) years or more, from the date of adoption of this Section 414 bylaw shall not be reestablished under VCOD regulations, and any future use shall conform with this bylaw. 414.4.2.2 The change of a nonconforming use to another nonconforming use is prohibited in the VCOD. 414.4.2.3 The Building Commissioner shall decide whether uses are lawfully conforming or lawfully, pre-existing non-conforming. 414.4.2.4 Lawfully pre-existing non-conforming uses; (except a non-conforming use due to Maximum Commercial Tenant Size which follows the provisions as set forth in Section 414.4.3. below); sited in lawfully conforming or lawfully pre-existing non-conforming structures, may be extended, or altered, by right, if the following requirements are met: (a) the resulting development, in its whole, complies with all applicable provisions of this Section 414, including bringing any existing structural non-conformity into conformity. Acquiring a special permit for any structural relief shall constitute structural conformity; and (b) the lawfully pre-existing non-conforming use is a permitted use in the underlying zoning district in which the property is located; and (c) there is no change of use to a non-conforming use of the VCOD. If a Special Permit is required pursuant to other applicable provisions of this bylaw other than the lawfully pre-existing non-conforming use; then relief from the non-conforming use shall not be an element of the Special Permit application provided that the above (a) through (c) requirements are met. No variances are required if a Special Permit is obtained. 414.4.3 Maximum Commercial Tenant Size. A non-conforming use based solely on a Maximum Commercial Tenant Size non-conformity, located on a lawfully conforming lot or a lawfully pre- existing non-conforming lot, may alter, extend, or raze and replace the structure housing the non- conforming Maximum Commercial Tenant Size use by-right if the following requirements are met: (a) the resulting development, in its whole, complies with all other applicable provisions of this Section 414, including bringing any existing structural non-conformity into conformity, other than Maximum Commercial Tenant Size use. Acquiring a special permit for any structural relief shall constitute structural conformity; and (b) the current tenant size unit may be decreased, but not increased; and (c) the existing use housed in the non-conforming tenant size unit is a permitted use either in the VCOD or in the underlying zoning district as provided for in the Table of Uses in Section 202.5; and (d) there is no change of use to a non-conforming use of the VCOD. If a Special Permit is required pursuant to other applicable provisions of this bylaw other than the lawfully pre-existing non-conforming use of Maximum Commercial Tenant Size; then relief from the non-conforming Maximum Commercial Tenant Size shall not be an element of the Special Permit application provided that the above (a) through (d) requirements are met. 414.4.4 Change, Extension or Alteration of Single and Two-Family Structures: Lawfully pre-existing non-conforming single- and two-family structures, and lawfully pre- existing single-family and two-family structures located on non-conforming lots, may be altered, extended or razed and replaced in conformance with Section 104.3.2(1) and 104.3.2(2) and shall 73 not be developed under the VCOD Bylaw. 414.4.5 Restoration. Repairs and rebuilding shall be pursuant to Section 104.3.3 of this bylaw. 414.5 Allowed Uses. Allowed uses within the VCOD are referenced in Section 202.5, Use Regulation Table of this bylaw. The provisions of Section 202, Use Regulations, it its entirety, shall apply to all development within the VCOD. No use variances will be allowed in the VCOD. 414.5.1 Additional Use Regulations. The following additional regulations on use shall apply within the VCOD and districts therein. 1. Mixed Use. In keeping with the purpose of the VCOD, mixed use is not only allowed but encouraged with the following provisions: a. The residential component of any Mixed Use development shall encompass between 40% and 70% of the Gross Floor Area of the development. b. In VC1, 3 and 4, non-transient residential use (dwelling units) shall not be allowed on the ground floor of properties that have their frontage on Route 28. c. In VC1, 3 and 4 non-transient residential use (dwelling units) shall not be allowed on the ground floor of properties that have their frontage on a public way that existed prior to October 22, 2012, other than Route 28, unless a Special Permit is granted by the Board of Appeals. d. No commercial uses shall be allowed above a Residential Dwelling Unit. 2. Maximum Commercial Tenant Size. Within the VC1, there shall be a Maximum Commercial Tenant Size of 5,000 square feet calculated as Tenant Floor Area, as defined below, for each individual commercial use. Where an individual structure contains more than one tenant, these tenants shall be counted separately. Tenant Floor Area: Tenant Floor Area to determine the maximum tenant size shall be calculated as follows: For an individual commercial tenant, the sum of the area of all stories within the perimeter of a unit measured from the exterior face of the outside walls, or centerline of shared walls with no deductions for accessory unoccupied areas such as hallways, stairs, closets, thickness of walls, columns or other such features. Basements, mezzanines, attics, and crawl spaces used for storage and not designed for human occupancy shall not count towards Tenant Floor Area. Outdoor areas used for terraces, patios, uncovered decks, stoops, storage, sales, service, and display shall also be excluded from determining Tenant Floor Area. The Building Commissioner shall determine the Tenant Floor Area of any unit or structure. 3. Wastewater facilities. Public and private wastewater treatment facilities, including those shared by multiple property owners, shall be considered an accessory use to all uses served by said facility. 4. Parking Garages. Parking garages, including underground parking garages, public parking garages as a primary use, and parking garages as an accessory use to a commercial use are allowed in the VCOD pursuant to Section 414.7.8(4) (Parking Garages/Structures). 74 414.5.2 Housing Provisions in the VCOD. The following housing provisions shall apply in the VCOD. Hotel / Motel conversions redeveloping or converting under Section 404.1 (HMOD1) of the bylaw are not subject to these provisions and shall be subject to the provisions as set forth in Section 404.1 (HMOD1). 1. Maximum Residential Density. Residential dwelling unit density in each district of the VCOD shall be as provided for in Section 414.6.3(1) – Table of Dimensional Requirements. 2. Unit Size. All residential dwelling units constructed under the provisions of this Section 414 shall consist of the following minimum square footage: a. 400 square feet for a studio unit. b. 700 square feet for a one-bedroom unit. c. 900 square feet for a two-bedroom unit. d. 1,200 square for three or more bedroom units. Studio Unit Limit: The number of studio units allowed in a development shall be limited to less than, or equal to, twenty-five (25%) of the total number of residential units in the development. 3. Inclusionary Housing: The provisions of Section 412 (Affordable Housing) of the bylaw including the provisions of inclusionary housing therein shall fully apply for VC1, VC3, and VC4. The provisions of Section 412 shall fully apply in VC2 for projects developing less than 30 residential dwelling units. The provisions of Section 412 shall not apply in VC2 for projects developing 30 or more residential dwelling units for a period of 5-years from the passing of this Bylaw. After the end of the 5-year exclusionary period (October 22, 2017), the number of affordable housing units required shall be reduced by 50% from those outlined in Section 412.2.3 only in VC2 for projects developing 30 or more residential dwelling units. Applicants must have completed the VCOD Site Plan Review process and the Planning Board Decision issued within the 5-year period to be eligible for the exclusion. Any approval by the Planning Board for Site Plan Review will expire 2 years after the Decision has been issued. A project proponent may renew the approval by majority vote of the Planning Board anytime within the 2 year period. It is strongly recommended that project proponents give notice to the Planning Board of their desire to extend the approval at least 60-days before the expiration date. No Planning Board Site Plan Review Decision may be extended to a date beyond October 22, 2019. 414.6 Intensity of Use Regulations 414.6.1 Building Height. Building height in the VCOD shall not exceed that which is outlined in the Table of Maximum Building Height below. 1. Table of Maximum Building Height within the VCOD VC1(B) VC2(B) VC3(B) VC4(B) 0 – 50 feet from all lot lines 35 feet 3 stories 35 feet 3 stories 35 feet 3 stories 35 feet 3 stories Beyond 50 feet from all lot lines 35 feet (A) 3 stories 48 feet 4 stories 48 feet 4 stories 48 feet 4 stories 75 (A) Accessory uses associated with the marina may extend to 48 feet in height where these uses are enclosed and situated at least 50 feet from the district boundary. (B) Height shall be measured from the existing average natural grade at the street side of the foundation. No lot may be filled to a height greater than 4’, as measured from natural grade at the street. If the building is located in a FEMA Flood Zone A, height shall be measured from 1 foot above Base Flood Elevation (BFE). If located in a FEMA Flood Zone V, height shall be measured from the top of the “freeboard”, as defined in the Massachusetts Building Code 780 CMR (as amended). 414.6.2 Indoor Water Park. In VC3, a height of 65 feet is allowed for the specific use of an Indoor Water Park. This height of 65 feet is allowed for the indoor water slide component of the Indoor Water Park being necessary for the proper use and function of the water slide. If the Indoor Water Park includes an attached hotel and hotel amenities complex, the height of 65 feet shall also be allowed for the attached hotel complex; being necessary for the proper economic viability and aesthetic integration of the Indoor Water Park and hotel complex. This 65 feet maximum height is allowed only for location within the property being 350 feet or more from the front lot line and being 100 feet or more from all other lot lines. For the remaining portions of the site, other than the Indoor Water Park and hotel complex, if applicable, the requirements as set forth in the Table of Maximum Building Height above shall apply. 414.6.3 Table of Dimensional Requirements. All buildings and structures within the VCOD shall meet the minimum requirements set forth in the following Table of Dimensional Requirements unless otherwise expressly provided for within this bylaw or by G.L. ch. 40A, sec. 6, as amended. 1. Table of Dimensional Requirements. VC1 VC2 VC3 VC4 Lot Size Minimum: (A) 20,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. Frontage Minimum: 125 ft. 125 feet 125 feet 125 feet Yard Setbacks: (B) (C) (D)  Front Yard Setback Minimum: (E) (F)  Front Yard Setback Maximum: (G) 10 ft. 15 ft. 30 ft. n/a 10 ft. 25 ft. 10 ft. 25 ft.  Side Yard Setback: (H) (I) at zero (0) ft. or 15 ft. minimum 25 ft. at zero (0) ft. or 15 ft. minimum at zero (0) ft. or 15 ft. minimum  Rear Yard Setback Minimum: (I) 20 ft. 20 ft. 20 ft. 20 ft. Impervious Coverage Maximum: (J)  90% for lots less than ½ acre;  85% for lots ½-1 acre;  80% for lots greater than 1 acre 80% 85% 80% Maximum Commercial Tenant Size: See Section 414.5.1(2) NA Maximum Residential Density (K) (L) (M)  Residential development only  Mixed Use development (as part of) 8 units/ acre 16 units/ acre 16 units/ acre (N) 16 units/ acre (N) 8 units/ acre 16 units/ acre 8 units/acre 16 units/acre 76 Footnotes: A. One hundred percent (100%) of the minimum lot size required must be upland (i.e., not a bank, beach, bog, dune, marsh, swamp or wet meadow under M.G.L. ch. 131, sec. 40). B. The following are specifically excluded from these regulations: 1. Fences, decorative walls, poles, posts, paving and other customary yard accessories, ornaments and furniture, ramps, landings and similar structures needed for compliance with the Americans with Disabilities Act. 2. Cornices, window sills, belt courses and other ornamental features may project not more than eighteen (18) inches; bay/bow windows, greenhouse windows and eaves may project not more than twenty four (24) inches, and chimneys may project not more than thirty two (32) inches into any required yard. 3. Any stairway and associated landing may project into a required yard setback if it is less than thirty (30) inches in height. C. Side and rear yard setbacks for accessory buildings less than one hundred fifty (150) square feet and single story shall be six (6) feet in all districts, but in no case built closer than twelve (12) feet to any other building. D. For an Indoor Water Park, any tube slides protruding from a wall or roof shall be included and shall comply with the yard setback regulations. E. Any building located within 100 feet of the intersection of Parker’s River and Route 28 shall be set back from Route 28 a minimum of 30 feet. F. The front setback minimum provided in this table is applicable only to those properties that have their frontage on Route 28 or on a public way that existed prior to October 22, 2012. Front yard setbacks are required along Route 28 to ensure a contiguous broad line of passage for pedestrians and/or bicyclists along the corridor. For lots with frontage on interior roads (not on Route 28 or on a public way that existed prior to October 22, 2012) the minimum front yard setback shall be zero provided all standards for pedestrian and bicycle circulation are met. G. A minimum of 75% of the building façade shall comply with the maximum setback requirements. Up to 25% of the façade may be recessed up to thirty (30) feet farther from the maximum front yard setback to accommodate alcoves for seating areas, public art, display areas or fountains. H. For those districts where an absolute at zero (0) side setback is allowed, this zero (0) side setback will be allowed only upon an agreement with an abutting property owner is entered into wherein the abutting property owner, and the developing parcel owner, shall (re)develop at an absolute zero (0) side setback on said side thereby creating an adjoining building to visually reinforce a building façade line of the street. Said agreement shall include provisions and plans for access and egress to any individual and/or shared parking areas. Said agreement shall be presented with site development plans at the time of applying for Site Plan Review, and/or Design Review and/or Special Permit relief. If a proposal does not meet the above requirements for developing at a side setback of an absolute zero (0), then the side setback requirement shall be at the fifteen (15) foot minimum where the building frontage is on a public way that existed prior to the adoption of this Section 414 (October 22, 2012). For buildings that front on interior 77 drives or roads created under this Section 414, side yard setbacks may be smaller than fifteen (15) feet, but shall not result in separated buildings being closer together than twelve (12) feet. I. Where the side or rear yard setback is applied to a structure that is adjacent to a residential district, the setback shall be in accordance with the value in the table or equal to the height of the structure, whichever is greater. J. Impervious surface calculations shall include the developed footprint of impervious surfaces (structures, pavement, etc.) including any unpaved parking areas. Pervious paving shall be counted as impervious in lot impervious coverage calculations. Impervious Coverage maximum shall be calculated based on the upland. K. Under the provisions and requirements as set forth in Section 414.5.2. In calculating the number of residential dwelling units permitted, the calculation shall be based on upland only. Any fractional units shall be rounded to the nearest whole number. L. Residential Density is calculated in addition to the commercial development of a mixed use development. M. Residential density limits apply to residential dwelling units, not to hotel, motel or other transient residential uses. N. Density may be increased to 20 units/acre for lots with 100,000 square feet or more of upland. 414.6.4 Dimensional Relief: Within the VCOD, the SPGA may provide relief from minimum lot size, minimum lot frontage, minimum front yard setback, maximum front yard setback, minimum yard side setback, minimum rear yard setback, and maximum impervious coverage. The SPGA shall consider the criteria listed under Section 414.3.3 (Special Permits) when reviewing any Special Permit application for dimensional relief. No dimensional variances are required if dimensional relief is provided through a Special Permit. 414.6.5 Signs: No sign shall be erected nor maintained except as specifically allowed in Section 303 of the Town of Yarmouth Bylaw and in compliance with Section 414.8.11 (Signage). 414.7. – Parking Requirements 414.7.1 – Table of On-Site Parking Requirements The following table shall apply to development proposals. Where on-street parking exists or is proposed along the lot line of any use, all spaces along that lot line shall be counted. Use (1) Use Table Code (1) Minimum Parking Spaces Required (2, 3) Maximum Allowable Parking Spaces (3) Residential A1, A2 1 space/unit 2 spaces/unit A5-A7 1 space/unit 1.2 spaces/unit A11, A12 1 space/unit 1.5 spaces/unit Retail Trade H10 (5)1 space/3 occupants (4) 1 space/3 occupants (4) H1-H9; H11 1 space per 700 square feet of floor area 1 space per 350 square feet of floor area Finance, Insurance, and Real Estate I1-I5 1 space per 700 square feet of floor area 1 space per 200 square feet of floor area Personal Services J1-J5 1 space/4 occupants (4) 1 space/3 occupants (4) 78 Business Services K1-K10 1 space per 1,000 square feet of floor area 1 space per 300 square feet of floor area Motor Vehicle Services L1, L3 1 space per 1,000 square feet of floor area 1 space per 300 square feet of floor area Miscellaneous Repair Services M1, M3 1 space per 1,000 square feet of floor area 1 space per 300 square feet of floor area Amusement and Recreation Services N1-N12 1 space/4 occupants (4) 1 space/3 occupants (4) Professional Services O1 1 space/3 occupants (4) 1 space/2 occupants (4) O2-O6 1 space per 500 square feet of floor area 1 space per 250 square feet of floor area Institutional Services P1-P10(6)As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team. NA Other (incl. uses N6, 9, 11 & uses not elsewhere classified) As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team. As determined to be adequate by the Building Commissioner on advice by the Site Plan Review Team. Notes: 1. As listed in Section 202.5 Use Regulation Schedule. 2. Where a development proposal shows that a lot will only contain one structure, the proposal must demonstrate that the minimum amount of required parking shall be provided on-site. 3. Where parking spaces are based on occupancy, occupancy loads shall be tabulated in accordance with Massachusetts Building Code. 4. In cases where planned occupancy is to be below allowable occupancy, parking spaces may be constructed at a reduced number provided that the lot shall be capable of expansion to the spaces required in the table above. When the occupancy load of a building increases, the additional required spaces shall be constructed or identified. 5. Parking requirements for outside restaurant seating shall be calculated in the same manner as those for inside restaurant seating. 6. Parking for Day Care Centers: one parking space for every 8 children allowed at the facility, based on the maximum permitted occupancy, is required, plus 1 space for every 3 full-time employees. 414.7.2 Loading Requirements. Adequate off-street loading facilities and space must be provided to service all regular needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no vehicles need regularly back onto a public way or be parked on a public way while loading, unloading or waiting to do so. 414.7.3 Drive-through Facilities: Businesses utilizing drive-through facilities must provide stacking lanes pursuant to Section 301.8. Drive-through service windows shall only be located on the side or in the rear of properties which are internal to the block or accessible from an alley. An acceptable configuration example is shown in Figure 1 below. Figure 1. Example of acceptable drive-through configuration. 79 414.7.4 Shared Parking for Non-Residential Uses. Where an applicant cannot meet the minimum parking requirements on-site pursuant to Section 414.7.1 (Table of On-Site Parking Requirements), the applicant may present evidence to the Planning Board as part of Site Plan Review that the configuration of uses and parking areas will be adequate based on a shared parking analysis. While residential use may share parking as part of a mixed use development, reduction in parking spaces for residential use on-site shall not be allowed. Evidence that shared parking areas will be adequate for more than one non-residential use shall be in the form of calculations that show acceptable reductions based upon whether different uses compete for the same parking area as part of daily operations. 1. For Two Non-Residential Uses Sharing Parking Areas: (a) Where peak parking demands for two non-residential uses overlap, the aggregate parking space requirement between those uses may be reduced by up to thirty (30) percent. (b) Where peak parking demands for two non-residential uses do not overlap, the aggregate parking space requirement may be served exclusively by the higher parking demand associated with an individual use. Sample Calculations for Parking Areas Serving Two Non-Residential Uses Competing Uses 1. Baseline Parking Demand Determination Use Building Size/Occupancy Minimum Demand Bank 3,000 square feet 4 spaces Doctor’s Office Building 6,000 square feet 24 spaces* Aggregate Parking Demand 28 spaces 2. Reduction 30% Reduction 20 spaces *Based on assumed occupancy rate. Non-Competing Uses 1. Baseline Parking Demand Determination Use Building Size/Occupancy Minimum Demand Doctor’s Office Building 6,000 square feet 24 spaces* Restaurant (dinner service only) 120 occupancy 40 spaces Aggregate Parking Demand 64 spaces 2. Reduction Larger Individual Demand 40 spaces *Based on assumed occupancy rate. 80 2. For More than Two Non-Residential Uses: (a) Where a proposed development would contain more than two non-residential uses and the applicant wishes to use shared parking to meet the minimum requirements of Section 414.7.1 (Table of On-Site Parking Requirements), the applicant shall first determine reductions for those uses with competing peak demands in accordance with the methodology in Section 414.7.4(1) (Shared Parking). (b) The result of competing peak demand calculations shall then be compared to determine which set of competing demands shall be used to provide the overall parking space count. For example, daytime demands may exceed nighttime demands and, in that case, the daytime demand would serve as the overall parking demand for that site. Sample Calculations for Parking Areas Serving More than Two Non-Residential Uses Sample Mixed Use Plaza Profile:  Medical Office (10,000 square feet)  Grocery Store (14,000 square feet)  Retail, Daytime (5,000 square feet)  Restaurant, Dinner Only (90 occupants)  Restaurant, Lunch and Dinner (60 occupants)  Bank (5,000 square feet) Step 1: Competing Uses (Daytime) 1. Baseline Parking Demand Determination (Daytime Peak) Use Building Size/Occupancy Minimum Demand Medical Office 10,000 square feet 42 spaces* Grocery Store 14,000 square feet 20 spaces Retail, Daytime 5,000 square feet 7 spaces Restaurant, Lunch and Dinner 60 occupants 20 spaces Bank 5,000 square feet 7 spaces Baseline Parking Demand 96 spaces 2. Reduction Comparison (Daytime Peak) 30% Reduction 67 spaces *Based on assumed occupancy rate. Step 2: Competing Uses (Nighttime) 1. Baseline Parking Demand Determination (Daytime Peak) Use Building Size/Occupancy Minimum Demand Restaurant, Lunch and Dinner 60 occupants 20 spaces Restaurant, Dinner Only 90 occupants 30 spaces Grocery Store 14,000 square feet 20 spaces Baseline Parking Demand 70 spaces 2. Reduction Comparison (Nighttime Peak) 30% Reduction 49 spaces Step 3: Non-Competing Uses (Nighttime vs. Daytime) Daytime Demand 67 Spaces (larger demand is chosen) Nighttime Demand 49 Spaces 81 414.7.5 Off-Site Parking for Residential or Non-residential Use. Where an applicant cannot meet the minimum parking requirements on-site pursuant to Section 414.7.1 (Table of On-Site Parking Requirements), the applicant may present evidence to the Planning Board as part of Site Plan Review that supplementary parking in the amount required to meet or exceed the minimum standard will be provided off-site. The Planning Board may approve off-site provision of up to 100% of the required on-site parking provided the following conditions are met: 1. Any parking required to meet the provisions of the Americans with Disabilities Act is provided on-site. 2. At least one parking space with a width of ten (10) feet shall be provided in close proximity to the primary structure to allow for loading and unloading of goods, people, and/or deliveries. Additional such parking spaces may be required on-site depending on the size and use of the development. 3. The off-site parking area shall be within 500 feet walking distance from the building which it will serve. The distance between the off-site parking and the building it is intended to serve shall be measured along an established pedestrian route from the nearest edge of the building to the nearest edge of a parking space. The pedestrian route shall be well-finished, safe, and unobstructed. 4. Where off-site parking is proposed, applicants shall provide a signed agreement between the property owners clearly stating the terms of the agreement to allow for parking access. Where the agreement may have an expiration date, failure to renew or to provide other acceptable arrangements shall place the subject property in non-conformity with regard to parking requirements. 414.7.6 Bicycle Parking Requirements. Bicycle parking facilities shall be provided along the front or side edge of each primary structure or within subsurface parking facilities. These may include bicycle racks or dedicated bicycle parking areas that have racks or other structures designed for securing bicycles. Four bicycle spaces shall be provided at a minimum for each primary structure, with an additional space for every ten (10) automobile parking spaces required. 414.7.7 Exceeding the Parking Maximum. An applicant who wishes to provide more parking than the maximum allowable standard in Section 414.7 (Parking Requirements) on-site may do so in accordance with the following: 1. Exceeding the maximum may occur by-right through the provision of underground parking or through the use of structured elevated parking. 2. Exceeding the maximum may be allowed by the Building Commissioner upon unanimous recommendation in writing by the Site Plan Review Team if it is determined that special circumstances render a larger maximum provision necessary for typical parking needs. 3. Exceeding the maximum may be allowed through a Special Permit granted by the Board of Appeals. 4. In making any determination, the permitting authority shall consider present, as well as proposed and potential future parking needs, and such determination and/or special permit may contain any restrictions, limitations or conditions reasonably necessary to 82 carry out the intention and purpose of this bylaw. Such restrictions, limitations, and conditions may include, among other things: a. Provisions for establishing maximum allowable occupancy. b. Provisions for expiration or forfeiture of the determination/permit upon stated conditions or upon substantial change of the "special circumstances" upon which the determination/permit was granted. c. Provisions limiting the duration. d. Such other provisions as are reasonably related to pursuing and carrying out the intent and purposes of this bylaw. The burden of proof shall be on the applicant to demonstrate to the Town that there is evidence demonstrating a clear, regular need for such parking, that the purposes of this district are maintained, and that the design of these parking areas complies with the provisions of this section of the Zoning Bylaw. 414.7.8 Parking Lot Design Standards. 1. Relationship to Section 301 (Parking and Loading Requirements) of the Zoning Bylaw Standards related to parking area design located in Section 301 of the Zoning Bylaw shall not apply to VCOD development. 2. Parking Space and Travel Lane Dimensions For the purposes of this Bylaw, minimum parking space and travel lane dimensions for surface parking areas shall comply with the following table. Parking spaces and travel lanes in structured parking facilities may use different dimensions as may be necessary to construct the facility and provide safe passage for vehicles parking therein. Minimum Parking Space and Travel Lane Dimensions Parking Angle Stall Width (parked car width) Stall Depth* Travel Lane (one way) Travel Lane (two way) Parallel 10.0’ 22.0’ 12.0’ 24.0’ 45o 10.0’ 16.0’ 11.0’ 21.0’ 60o 10.0’ 17.0’ 15.0’ 21.0’ 75o 10.0’ 17.5’ 17.0’ 21.0’ 90o 10.0’ 18.0’ 22.0’ 24.0’ *Parallel parking depth is measured as the length of the space parallel to the adjacent travel lane. All other stall depth values are measured perpendicular to the adjacent travel lane. All parking areas shall be designed with enough maneuvering space so that vehicles need not back onto a public way, the required screens, buffers, tree plots or other parking spaces. Driveways subject to this section shall have two hundred fifty (250) feet visibility in each travel direction and shall be comprised of two (2) travel lanes each not more than twelve (12) feet nor less than ten (10) feet in width; a minimum curb radius of 25 feet shall be provided. 3. Landscaping Requirements Landscaping of parking areas shall be provided in accordance with the requirements in Section 414.8.9. The landscaping requirements in this section are intended to provide a set of standards toward reducing the visual impacts of large areas of pavement, 83 improving the overall environment of parking areas by providing areas for shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas. 4. Parking Garages/Structures Parking garages/structures or entrances to such facilities shall not be located along the frontage of Route 28. On lots with frontage on Route 28, these structures shall be set back behind other buildings or integrated into the structural design of those buildings along the arterial frontage. All other dimensional requirements shall apply. 414.8. – VCOD Design Standards Applicants for new development or redevelopment who elect the use of VCOD provisions relative to use, intensity of use, parking and other applicable standards provided as part of this section of the Zoning Bylaw shall comply with the following design standards. Compliance with these standards shall be demonstrated through Site Plan Review materials as required in the Operational Regulations of the Yarmouth Planning Board. Members of the Site Plan Review Team, the Design Review Committee, and the Planning Board shall also use the most recent version of the Town of Yarmouth Architectural and Site Design Standards to review applications within the VCOD. Compliance with the Yarmouth Architectural and Site Design Standards shall be mandatory for all VCOD projects. 414.8.1. Site Design. The location of buildings, parking areas, walkways, outdoor gathering places, landscaping, utilities, loading areas, dumpsters, automobile access, travel lanes, and signs shall reflect a thoughtful approach that focuses primarily on providing optimal access and mobility for pedestrians on and between sites. The following standards shall apply: 1. Parking areas and travel lanes shall not be allowed within the front yard setback with the following exceptions: a. Driveways connecting the property to the street and running perpendicular to the lot line, which are used to access parking areas to the side or rear of the building, are allowed in the front yard setback. b. In VC2, where adequate buffers are provided pursuant to the landscaping requirements of this bylaw, a travel lane may be allowed in the front yard setback along any public way established prior to October 22, 2012. 2. Parking areas shall allow for easy access between lots for automobiles and pedestrians. Where feasible, parking lots shall be connected by a travel lane within the rear yard to provide an opportunity for pedestrians and motorists to pass from one site to another without using established rights of way. 3. Where an adjacent lot is not yet developed or the design of an adjacent lot precludes the ability to connect parking areas from one lot to another, the applicant shall identify on Site Plan Review materials the location where a future connection could take place. 4. Within the front yard setback, clear pedestrian pathways shall be provided between buildings and across automobile driveways in the form of raised or distinct surfaces such as stamped concrete or grid pavers, arcades, colonnades or other similar features. The developer shall provide a minimum six (6) foot wide sidewalk on the project property along the entire frontage abutting Route 28. Where the sidewalk surfacing may be interrupted with cut outs for street trees, the minimum sidewalk width shall be eight (8) feet. When proposing different sidewalk materials, the applicant shall demonstrate a consistent design with sidewalks on neighboring properties where those sidewalks are consistent with the objective of the VCOD. Applicants are encouraged to explore 84 opportunities to reconfigure existing sidewalks to better accommodate pedestrian and/or bicycle traffic. 5. Pursuant to Section 401.3, outdoor display of retail goods shall only occur along the façade of those commercial or mixed use structures where the goods are sold, shall not be within a public right of way, and shall not occur outside of normal business hours. No outdoor display of goods shall occur in a manner that precludes a minimum four (4) foot wide clear pedestrian passage along the sidewalk. 6. In complexes with multiple principal buildings, landscaped areas with walkways, courtyards or arcades shall be used in conjunction with compact site design to bring buildings closer together and enhance connectivity between them for residents and customers. 7. Building placement on lots adjacent to the Parkers River shall be set back in a manner that preserves viewsheds to the river from the public right of way to the maximum extent practicable. Buildings shall have their narrowest profile oriented to the street where such orientation will increase visibility to the river from the street. Any building located within 100 feet of the intersection of Parker’s River and Route 28 shall be set back from Route 28 a minimum of 30 feet. 414.8.2 Circulation Standards. 1. Pedestrian connections between buildings shall be provided as safe, broad and easily identifiable ways of walking through areas that may also be occupied by automobiles. These walkways shall be designed to clearly show the space is primarily dedicated to pedestrian traffic through the use of raised or alternative surfaces, signage or raised landscaped islands that may serve as a safe resting area for pedestrians between automobile travel lanes. 2. Travel lanes and driveways developed interior to the site shall incorporate speed reduction techniques where travel lanes are adjacent to the edge of a building. Where a travel lane will be used solely for the purposes of loading or other maintenance activities, these features shall not be required. Speed bumps, raised cross walks, or other traffic calming measures shall be provided at a minimum frequency of one for every seventy (70) feet along the building edge. 3. All travel lanes within VCOD development shall make provision for bicycle travel. Lanes shall either be designed to show a dedicated bicycle lane(s) distinct from automobile travel lanes, at a minimum of four (4) feet in width, or coincident travel of bicycles and automobiles may be indicated with striping or shall incorporate bicycle sharrows (pavement markings). 414.8.3 Building Size and Modulation. 1. In order to modulate their scale, multi-story buildings shall clearly articulate the base, middle and top of the building through the use of cornices, stepbacks, borders of distinct material or other articulating features on every visible surface of the building. 2. Larger buildings with long façades shall articulate the façade with varied rooflines, distinct signage for multiple tenants, awnings, arcades, pilasters, columns, recessed spaces and/or entrances and any other features that serve to add texture to these longer façades. Unbroken façades in excess of fifty (50) feet shall not be allowed. 3. Large, flat, unadorned, blank walls shall not be allowed for any side or rear walls of buildings except where a rear wall is accessible only to service vehicles. Windows are required in sidewalls for buildings that front on Route 28. Where windows are not feasible for other buildings, raised or recessed vertical surfaces may be used in conjunction with awnings, window-shaped depressions and decorative lighting to make 85 these surfaces more attractive. 4. Awnings shall be made of canvas and/or weather-coated materials. Awnings along continuous building lines that are separated shall be distinct from one building to another. Continuous awnings may only be allowed over a maximum of three contiguous storefronts. 414.8.4 Entranceways. 1. All buildings shall have a principal façade and entry (with operable doors) facing a street or other area dedicated to pedestrian circulation. Buildings may have more than one principal façade and/or entry. Primary entrances not facing a street shall open onto sidewalks or other pedestrian features at least ten (10) feet in width. 2. Main entrances shall incorporate architectural features that draw attention to the entrance. These features may include covered porches, distinct sidewalk surfacing, porticos, recessed doorways and awnings. 3. Street level frontage shall be primarily devoted to entrances, shop windows or other displays. Street level frontage that incorporates setback areas beyond the minimum required in Section 414.6.3 (Table of Dimensional Requirements) shall incorporate seating and trash receptacles that are accessible to pedestrians to the extent practicable. 414.8.5 Fenestration. 1. The width-to-height ratio of bays in façades above street level shall be a minimum of 1:2 except where acceptable dormer variations may require a different ratio. Multiple bays may be placed immediately adjacent to one another in order to create larger window areas. 2. For commercial use, windows on the ground floor shall begin no lower than two (2) feet from street level and shall extend at a minimum height of seven (7) feet from street level. Windows may be closer to street level where they serve as a secondary entrance to outdoor seating or similar areas. 3. Mullion pattern and thickness shall reflect traditional New England design with broad decorative surfaces between windows. Highly reflective or industrial finish mullions are prohibited. 4. For commercial use, clear, non-reflective glass with minimal tinting shall be used at street level to allow maximum visual interaction between pedestrians and the interior of the building. 5. For commercial use, street level façades shall have a transparency of at least sixty (60) percent. 6. For commercial use, all windows (except storefront windows) shall be operable. 414.8.6 Dormers. 1. On pitched rooflines, dormers shall be used to break up roof surfaces. 2. Dormer styles may include doghouse, eyebrow or shed dormers. 3. Windows shall fill the face wall of the dormer to the maximum extent practicable and match the architecture of windows in the rest of the building. 414.8.7 Roofline Articulation. Roof design shall provide a variety of building heights and varied roofline articulation. 1. Acceptable roof models in VC 1 and 2 include gables, gambrels, and any jointed configuration of these styles. 86 2. Acceptable roof models in VC 3 and 4 include gables, gambrels, mansards, and flat roofs. Where flat roofs are proposed, these rooflines shall have decorative cornices or parapets that extend from the roof edge to provide a decorative and articulated edge. 3. Decorative spires or towers may also be used to articulate rooflines and to provide focal points within a complex of principal buildings. 4. Industrial style metal roofing visible from the street shall not be permitted. Metal roofing that uses decorative finishes and textures may be used to accent individual architectural features such as roof trim, window bays or other projecting features. 5. Downspouts shall match gutters in material and finish. 6. Utilities and protuberances through or on the front of roofs are highly discouraged and should generally be shielded from view. 414.8.8 Building Materials. Materials and building treatments shall be used that reduce the visibility of buildings from distant vantage points and shall be consistent and compatible with traditional New England design as follows: 1. Where more than one material is used, traditionally heavier materials (stone, brick, concrete, etc.) shall be located below lighter materials (wood, fiber cement board, siding, etc). The change in material shall occur along a horizontal line, preferably at the floor level. 2. Natural materials, such as brick, stone, wood/concrete clapboards and shingles, and slate are the preferred materials for building siding and trim. Vinyl, PVC, cementitious, or other synthetic materials may be used for siding and trim where these applications imitate traditional materials such as clapboard or shingling. The burden of proof shall be on the applicant to demonstrate that the quality of the imitation material complies with the purpose of the bylaw. Industrial materials such as unfinished concrete, sheet metal, asphalt shingles (except for roofing), and insulated steel doors shall not be used except where essential to the proper function of a building feature as related to safety, security or proper mechanical function. 414.8.9 Landscaping. All areas of a site that are not used for structures, parking, circulation, or other hardscape amenities shall be landscaped. Landscaping may occur as installed or retained vegetation in accordance with the following standards. 1. Plant Selection. a. No tree, shrub or plant shall be proposed that has been identified as an Invasive Species by the Massachusetts Plant Advisory Group in the latest version of The Evaluation of Non-Native Plant Species for Invasiveness in Massachusetts (with annotated list), has been identified as invasive or banned on the Massachusetts Prohibited Plant List as periodically updated by the Massachusetts Department of Agricultural Resources, or in any other reputable scientific publication that may be acceptable to the Board. b. Landscaping shall be designed to remain functional and attractive during all seasons through a thoughtful selection of deciduous, evergreen, berrying and flowering plant varieties. Applicants are encouraged to consult the latest version of The Vascular Plants of Massachusetts: A County Checklist as published by the Massachusetts Division of Fisheries and Wildlife and Natural Heritage & Endangered Species Program to determine which plants are native to Barnstable County. c. Plant varieties shall be selected for resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and 87 the specific stressors anticipated for different areas of the site. Plants shall be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides or fertilizers can be minimized or eliminated. Applicants are encouraged to consult The Massachusetts Nursery and Landscape Association’s Pocket Guide to Native and Low Maintenance Woody Plants. d. The use of turf shall be minimized and shall not be planted in strips less than six (6) feet wide. Lawn seed mixes shall be drought resistant. To achieve a high level of drought tolerance, lawn mixes may include, but shall not be limited to, a predominance of fine fescues. 2. General Standards. a. Where landscaped areas do not include planted materials, other decorative materials or features shall be used such as walkways, gathering places, or areas for public art. Unplanted areas shall not be filled with uniform gravel applications or riprap unless approved as part of stormwater management practices. b. Landscape features shall provide a clearly defined edge between the vegetated areas and areas reserved for pedestrian or automobile travel through the use of hardscape elements that may include, but shall not be limited to, fencing, curbing, or decorative stone. c. Any free-standing electrical structures, HVAC structures, or waste receptacles (e.g., dumpsters, grease traps, etc.) shall be fully screened from view through the use of evergreen vegetation, fencing, or a combinations thereof. 3. Buffers. a. Landscaping shall be required between VCOD developments and residentially zoned areas with no less than a twenty (20) foot wide buffer. b. Within the twenty (20) foot buffer to a residentially zoned area, a vegetated, virtually opaque screen shall be provided by a minimum six (6) foot wide planting strip maintained with densely planted shrubs not less than six (6) feet in height. Shrubs shall be at least seventy-five percent (75%) evergreens however the use of tall, monoculture, and uniformly planted rows of evergreens or other similar species shall not be used. c. The area of the buffer to a residentially zoned area that is not dedicated to the provision of a virtually opaque screen shall be landscaped in accordance with the other applicable standards of this bylaw. d. Fences or walls may be a part of the required screening where deemed necessary, and as approved by the Town. e. Earthen berms may be used in the buffer design, provided such side slopes are adequately stabilized by vegetation. f. Breaks in the buffer may also be incorporated into the design where designated pedestrian or bicycle crossings or other features specifically designed to provide attractive visibility or connections to surrounding neighborhoods are part of the approach to site-wide circulation. g. Trees shall be planted in buffer areas and along frontage lines at a minimum frequency of one every thirty (30) linear feet measured along the buffer or lot line. 4. Parking Areas. a. Developments with proposed parking areas of six (6) spaces or more shall provide a minimum of ten percent (10%) of landscaped open space within the area designated 88 for parking inclusive of any landscaped borders surrounding the parking lot. Parking garages/structures shall not be subject to this requirement. b. The ends of parking aisles in surface lots that are more than fifteen (15) spaces in length shall incorporate landscape islands at either end of the row. Each island shall include at least one tree. Where the length of a parking aisle exceeds twenty-five (25) spaces, additional landscaped islands shall be installed at regular intervals. This interval shall not be more than every thirteen (13) spaces. Where arced semi- circle islands, triangles or similar shapes are proposed, the width of landscaped islands perpendicular to adjacent spaces shall be no less than eight (8) feet at their widest point. Where oval shaped islands are proposed, the width of the island shall be no less than six (6) feet. c. Trees shall be selected and placed in landscaped areas so that all parking areas can reasonably be expected to receive 30% canopy coverage. The expected canopy radius of each selected tree shall be noted in the required site plan materials. d. Parking areas for five (5) or more cars or any travel lane shall be separated from any other property line interior to the VCOD by a minimum ten (10) foot wide landscaped buffer. The width of this buffer may be reduced, or the buffer may be eliminated entirely, where the applicant can demonstrate that the reduction or elimination of such buffer will not cause nuisance or undue harm to abutting properties and is specifically designed to: i. Improve pedestrian, bicycle and/or vehicular circulation and/or reduce curb cuts; ii. Allow for the placement of driveways and/or buildings in a manner that better meets the design standards in Section 414.8 (VCOD Design Standards); iii. Anticipate improvements to abutting properties that will be complementary to the alternative buffer design. e. Parking areas or travel lanes that extend to a property line and lie adjacent to any sidewalk on a public way shall be separated from the sidewalk by a minimum twelve (12) foot wide landscaped buffer. This buffer shall be designed to provide separation between the parking area and the sidewalk while maintaining visual awareness between the two areas. The parking area shall not be fully screened from the pedestrian way. Separation may be achieved through the use of low fencing, trees that maintain a canopy height of at least eight (8) feet, and/or low lying shrubs that will not exceed three (3) feet in height. The buffer may be interrupted by breaks designed to provide pedestrian connections from the parking area to the sidewalk. 5. Sight Lines. a. With the exception of street trees, no hedge or other vegetation over three (3) feet in height above the adjacent ground shall be maintained within eight (8) feet of any street lot line unless the Town finds that such vegetation will not restrict visibility in such a way to hinder the safe entry of a vehicle from any driveway to the street. b. At no street intersection in any district shall an obstruction to vision exceeding two and one–half (2.5) feet in height above the street grade be placed or permitted to grow on any lot within the triangle formed by the street lot lines abutting the intersection and a line connecting points on these street lot lines at a distance of thirty–five (35) feet from the point of intersection of the street lot lines. 6. Tree Specifications. 89 a. All proposed shade or canopy trees shall have a minimum 3” caliper. b. Shade or canopy trees shall not be less than twelve (12) feet in planted height above grade. c. Ornamental or flowering fruit trees shall not be less than seven (7) feet in planted height above grade unless specific dwarf varieties have been selected that require the planting of a smaller specimen. d. Evergreen trees used for screening shall not be less than six (6) feet in planted height above grade; e. At the time of planting, shrubs shall be well established and shall stand at least one (1) foot tall above grade. f. All plant materials shall be hardy to the appropriate temperature zone as defined by the American Standards for Nursery Stock. g. Any existing trees of four-inch (4”) caliper or greater shall be retained where they are coincident with proposed landscaping areas. Such trees shall be removed if they are identified as an invasive species or if their health is clearly compromised at the time of application. h. Trees that are included in any landscaping plan, which die subsequent to development, shall be replaced. 7. Decorative Walls and Fencing a. Chain link fencing shall be prohibited in all districts unless it is necessary for compliance with security purposes unique to an individual use, is vinyl coated, and completely screened from view through the use of opaque evergreen trees or through a second layer of wooden fence material. b. In all districts, decorative fencing associated with commercial or mixed use properties may be wooden or vinyl where simulated picket or rail fence designs are used. Where wooden or vinyl fencing associated with commercial or mixed use is used, the fencing shall not be opaque, and shall not exceed four (4) feet in height except where screening utilities or waste receptacles in accordance with Section 414.8.9(2.) Fencing for structures that are exclusively residential (including hotel) may also be wooden, but may be opaque and up to six (6) feet tall. Such fences for residential areas shall only be allowed in the side or rear yard setbacks. c. In VC 1 and 2, decorative free-standing (not “retaining”) walls shall not exceed three (3) feet in height and shall be constructed of natural stone material in a manner that resembles traditional early New England stone walls. Masonry binder material may be used to secure stones, but shall not be visible on the sides of the wall. Bricks shall not be used in VC 2 for the construction of decorative walls. d. Only in VC 3 and 4, decorative fencing associated with commercial or mixed use properties may be steel, cast aluminum, or other similar finished metal material (customarily used to imitate traditional cast iron fencing). These fences shall not be opaque and shall not exceed five (5) feet in height except where screening utilities or waste receptacles in accordance with Section 414.8.9(2). Posts shall be constructed of brick or stone. e. In VC 3 and 4, decorative free-standing (not “retaining”) walls shall not exceed four (4) feet in height and may be constructed of bricks or cut stone material. 414.8.10 Lighting. In addition to any applicable standards for lighting associated with parking areas or signs, the following shall apply. Limitations on the height of lighting shall be measured to the highest point of the light structure. 90 1. In VC 1 and 2, light standards for lights along public roads shall not exceed twelve (12) feet in height and may only include one (1) fixture per light standard. Lights in rear or side parking areas shall not exceed fifteen (15) feet in height and may include multiple fixtures per light standard; 2. In VC 3 and 4, light standards shall not exceed sixteen (16) feet in height and may include multiple fixtures per light standard; 3. Traditional New England “period” light posts and fixtures shall be used. Such lighting shall be decorative in shape, scale, and finish, with detailed, articulated treatments for the base, post, fixture and crown. Lighting shall not use standard industrial-finish poles or shades. Applicants are encouraged to reference the discussion of lighting poles and fixtures within the Cape Cod Commission’s “Designing the Future to Honor the Past, Design Guidelines for Cape Cod.” 4. Lighting installed or directed at the ground level shall not exceed a lumen density of 50,000 lumens per acre of developed area. 5. In commercial or mixed use development, trespass of light at property boundaries shall not exceed 0.1 foot candles. Where commercial or mixed use development abuts a residential district, trespass of light at that boundary shall not exceed 0.05 foot candles. 6. In development areas that are exclusively residential, trespass of light at property boundaries shall not exceed 0.05 foot candles. 7. Non-decorative lighting shall be tinted amber or in some manner acceptable to the Town in order to reduce the glare that would otherwise emanate from standard white bulbs and clear lenses. 414.8.11 Signage. The following standards for signage are provided as a supplement to existing standards in the Zoning Bylaw (Section 303 - Signs). Where there may be a perceived conflict between these two sections, the following standards shall apply. 1. Signs shall not be located in a dedicated pedestrian or bicycle way or in any manner that interrupts intended patterns of pedestrian/bicycle circulation. 2. Wall mounted or projected signs shall be located above the ground floor storefront and just below the second floor windows. Signs shall be integrated by structural design and finish with the design of the building and shall not obscure architectural features or windows. 3. Projecting signs shall be located to provide a minimum of 8’ of clearance, shall not exceed 4 square feet in size and shall not project more than 4’ from the building. Projecting signs used to advertise businesses on the second floor space shall be in addition to allowed wall signs and free standing signs. 4. Window signs are allowed in accordance with Section 303.5.3 but may only be wooden, corkboard, or chalkboard signs hanging or posted inside the building or stenciled lettering. 5. Sign colors should be selected to enhance sign legibility for both day and nighttime viewing consistent with the requirements of Section 303.5.4.3. Sign colors and finishes shall be compatible with the color of the building or development. 6. Sign materials shall be of high quality and compatible with the design of the building and façade on which they are placed. 7. Externally illuminating signs shall have downward-directed, wall mounted lights with fully-shielded decorative lamps that do not obscure the graphics of the sign. 8. Internally illuminated plastic or fiberglass cabinet (can) signs are not allowed. Where back-lighting is proposed, solid letters (reverse channel or halo) shall be used. 91 9. Signage on awnings is permitted only on the apron portion of the awning for business identification or to advertise particular goods and/or services. 10. Free-standing, single pole (lollipop) signs are not allowed. Free-standing monument or structured signs are only allowed in VC 2, 3 and 4. Where these signs are located at the entrances to plazas or centers with multiple tenants, the size shall not exceed the area required to hold a sign for each tenant that measures up to three (3) square feet, and in no case shall the total area of the sign exceed forty-eight (48) square feet. Where a free- standing sign is used for a single tenant, the area of the sign shall not exceed twenty-four (24) square feet. Free-standing signs shall incorporate design details, materials and colors of the associated buildings. The base or support elements of freestanding signs shall be integrated with the surrounding environment, contribute to the functionality of pedestrian features and incorporate ornamental landscaping where possible. 11. Gateway signs as defined in Zoning Bylaw Section 303 (signs) shall be allowed within the VCOD. 12. Neon signs are not allowed. Acting on Article 7. On motion made by James Quirk, and duly seconded, the Board of Selectmen, Finance Committee and Planning Board recommend, to move Article 7 as printed in the warrant. On motion made by Donna Hill, and duly seconded, to amend Article 7 to strike Village 3 from the article. On motion made by Evelyn Hayes to call the vote on the debate of the amendment. The vote to end the debate carries by the 2/3rds majority. The vote on the amendment of Article 7 does not carry. On motion made by John Howard, and duly seconded, to move Article 7. The vote on Article 7 carries by the requisite 2/3rd majority. If seven or more members of Town Meeting may challenge such declaration at which I can call the tellers to take a count, there being none I declare the requisite 2/3rds majority. ARTICLE 8: To see if the Town will vote to rezone certain parcels by amending the Zoning Map as follows: Amend the Zoning Map by rezoning the following parcels from B1 Commercial to R-25 Residential: Map 32: Parcels 102, 103, 104, 105, 106, 107, 108, and 109 Map 33: Parcels 32 & 33 Acting on Article 8. On motion made by James Quirk. and duly seconded, the Board of Selectmen, Finance Committee and Planning Board recommend, to move Article 8 as printed in the warrant. The vote on Article 8 carries by the requisite 2/3rd majority. If seven or more members of Town Meeting may challenge such declaration at which I can call the tellers to take a count, there being none I declare the requisite 2/3rds majority. ARTICLE 9: To see if the Town will vote to rezone certain parcels by amending the Zoning Map as follows: Amend the Zoning Map by rezoning the following parcels from B1 Commercial to R-25 Residential. Map 33: Parcels: 88, 89, 90, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 92 146, 147, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 195, 196, 197, 198, 199, 200, 201, 220, 221, 253, 286, 287, 288, 289, and 290 Map 34: Parcels: 46, 47, 48, 49, and 50 Map 41: Parcels: 28.2, 28.3, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 Map 42: Parcels: 1, 24, 25, 26, 27, 28, 29, 30, and 31. Acting on Article 9. On motion made by James Quirk, and duly seconded, the Board of Selectmen and Finance Committee and the Planning Board recommend, to move on Article 9 as printed in the warrant. The vote on Article 9 carries unanimously. ARTICLE 10: To see if the Town will vote to request that the Dennis-Yarmouth Regional School Committee draft an amendment to the Agreement between the Towns of Dennis and Yarmouth Establishing a Regional School District, as amended in September 2006, so as to allow the Town of Yarmouth to withdraw from said Agreement, notwithstanding any contradictory language in the Agreement, subject to the following terms: A. The Town of Dennis and the Town of Yarmouth will be individually responsible for all costs associated with the education of the withdrawn students in elementary and middle school grades; B. A amendment will only be effective July 1 following approval by both Town Meetings and any necessary approval of the Commissioner of Education; C. Within 45 days after approval of this amendment by the towns and the Commissioner of Education, the towns will hold elections for a school committee in each town to be responsible for the education of all elementary and middle school students in their respective towns; D. The Dennis-Yarmouth Regional School Committee shall remain in place and shall be responsible for the education of all students in high school grades; E. The Towns of Dennis and Yarmouth shall purchase student transportation jointly with the Dennis-Yarmouth Regional School District and the three entities will share the total cost of regular day transportation based on the number of routes each entity has of the total number of routes, with the understanding that under current DESE regulations, only costs for transportation of students remaining in a regional school will be eligible for MGL c.71 reimbursement; F. The Towns of Dennis and Yarmouth shall each be responsible to employ a superintendent and administrative staff and pay associated salaries and expenses as determined by their respective school committee; G. Principals, administrators, teachers, paraprofessionals, clerical and other support staff working only in the schools serving elementary and middle school students will become employees of the town in which they will work. The Towns of Dennis and Yarmouth will be responsible for all salaries and benefits of their employees. For the first fiscal year following the adoption of this amendment their terms of employment shall be the same as the terms of employment in their last year working in the Dennis-Yarmouth Regional School District. During the first year following adoption of the amendment the Dennis School Committee and the Yarmouth School Committee will determine, in accordance with applicable law, the terms of employment for successive years; H. Current regional functions will be the responsibility of respective towns for their elementary and middle schools. These functions include, but are not limited to: Directors 93 of pupil services, instruction, finance and operations, complex supervisor, maintenance, grounds and custodial employees, food service director and employees, technology director and technicians, crossing guards, budget management, payroll and bill payment, human resource management, and other support services; I. Any equipment, books and supplies in the buildings serving elementary and middle school students shall become the property of the respective towns; J. As of the effective date of the amendment, the Towns of Dennis and Yarmouth shall be responsible for all choice and charter school costs assessed by the Commonwealth for their resident students in elementary and middle school grades; K. In addition to the costs above, the Towns of Dennis and Yarmouth will remain liable for all costs associated with any debt outstanding on the effective date of this amendment. The Town of Dennis will be liable for 34.238% and the town of Yarmouth will be liable for 65.762% of all health insurance expenses, county retirement assessments, and any other costs for employees who retired from the Dennis-Yarmouth Regional School District prior to the date of this amendment; L. The Town of Dennis will be liable for 34.238% and the Town of Yarmouth will be liable for 65.762% of the cost of an audit of the District’s books for the fiscal year prior to the effective date of this amendment; M. Any balance in the fund balance account of the Dennis-Yarmouth Regional School district on the date prior to the effective date of this amendment shall remain on the books of the District and be available to the District to be used according to the current terms of the Region Agreement; Or to take any other action relative thereto. Acting on Article 10. On motion made by John Poole and duly seconded, the Board of Selectmen, Finance Committee and the D-Y Regional School Committee does not recommend, to move Article 10 as printed in the warrant. The vote on Article 10 does not carry. On motion made and duly seconded to suspend the Special Town Meeting. 94 STATE ELECTION NOVEMBER 6, 2012 NAME OF CANDIDATE PREC. 1 PREC. 2 PREC. 3 PREC. 4 PREC. 5 PREC. 6 PREC. 7 TOTAL ELECTORS OF PRESIDENT & VICE PRESIDENT Johnson and Gray 15 14 11 10 11 13 13 87 Obama and Biden 1136 1171 860 1056 882 924 1169 7198 Romney and Ryan 998 1035 694 909 810 826 1269 6541 Stein and Honkala 9 15 13 9 8 11 11 76 Write-Ins 1 4 5 2 0 2 1 15 Blanks 4 16 8 15 8 7 6 64 Total 2163 2255 1591 2001 1719 1783 2469 13981 Registered Voters 2559 2724 2087 2452 2208 2341 2920 17291 % of Voting 85% 83% 76% 82% 78% 76% 85% 81% SENATOR IN CONGRESS Scott P. Brown 1122 1196 818 1066 945 933 1406 7486 Elizabeth A. Warren 1031 1033 768 919 770 839 1052 6412 Write-Ins 1 1 1 3 0 0 0 6 Blanks 9 25 4 13 4 11 11 77 Total 2163 2255 1591 2001 1719 1783 2469 13981 REPRESENTATIVE IN CONGRESS NINTH DISTRICT William Richard Keating 1228 1278 939 1144 974 997 1330 7890 Christopher Sheldon 722 741 466 641 550 584 909 4613 Daniel S. Botelho 127 131 104 112 107 105 116 802 Write-Ins 0 0 1 2 0 1 0 4 Blanks 86 105 81 102 88 96 114 672 Total 2163 2255 1591 2001 1719 1783 2469 13981 COUNCILLOR FIRST DISTRICT Charles Cipollini 884 923 603 798 696 706 1048 5658 Oliver P. Cipollini, Jr. 989 1037 793 960 816 839 1059 6493 Write-Ins 2 4 1 0 1 2 6 16 Blanks 288 291 194 243 206 236 356 1814 Total 2163 2255 1591 2001 1719 1783 2469 13981 SENATOR IN GENERAL COURT CAPE & ISLANDS DISTRICT Daniel A. Wolf 1603 1621 1179 1492 1245 1301 1770 10211 Write-Ins 15 9 7 15 4 4 10 64 Blanks 545 625 405 494 470 478 689 3706 Total 2163 2255 1591 2001 1719 1783 2469 13981 REPRESENTATIVE IN GENERAL COURT FIRST BARNSTABLE DISTRICT Cleon H. Turner 1592 1606 1158 1474 1721 1721 Write-Ins 15 11 5 15 6 52 Blanks 556 638 428 512 742 2876 Total 2163 2255 1591 2001 0 0 2469 10479 REPRESENTATIVE IN GENERAL COURT SECOND BARNSTABLE DISTRICT Brian R. Mannal 1213 1260 2473 Write-Ins 4 6 10 Blanks 502 517 1019 Total 1719 1783 3502 CLERK OF COURTS BARNSTABLE 95 Scott W. Nickerson 1580 1642 1115 1503 1239 1275 1817 10171 Write-Ins 9 7 6 6 4 5 3 40 Blanks 574 606 470 492 476 503 649 3770 Total 2163 2255 1591 2001 1719 1783 2469 13981 REGISTER OF DEEDS BARNSTABLE DISTRICT John F. Meade 1544 1633 1098 1463 1223 1254 1789 10004 Write-Ins 8 6 4 7 3 4 3 35 Blanks 611 616 489 531 493 525 677 3942 Total 2163 2255 1591 2001 1719 1783 2469 13981 COUNTY COMMISSIONER BARNSTABLE COUNTY Mary Pat Flynn 902 932 674 819 690 769 955 5741 Sheila Lyons 905 918 661 841 625 760 995 5705 Eric R. Steinhilber 860 862 575 781 676 643 1055 5452 Write-Ins 0 1 1 0 4 1 1 8 Blanks 1659 1797 1271 1561 1443 1393 1932 11056 Total 4326 4510 3182 4002 3438 3566 4938 27962 BARNSTABLE ASSEMBLY DELEGATE YARMOUTH Spyro Mitrokostas 745 824 651 853 734 684 851 5342 E. Suzanne McAuliffe 1155 1074 701 878 735 802 1276 6621 Write-Ins 0 3 2 3 1 1 1 11 Blanks 263 354 237 267 249 296 341 2007 Total 2163 2255 1591 2001 1719 1783 2469 13981 QUESTION 1 Motor Vehicle Repair Information? Yes 1651 1586 1143 1495 1290 1275 1765 10205 No 222 298 184 260 203 214 328 1709 Blanks 290 371 264 246 226 294 376 2067 Total 2163 2255 1591 2001 1719 1783 2469 13981 QUESTION 2 Prescribing Medication to End Life? Yes 1078 917 703 811 819 782 1109 6219 No 1026 1206 814 1118 823 894 1242 7123 Blanks 59 132 74 72 77 107 118 639 Total 2163 2255 1591 2001 1719 1783 2469 13981 QUESTION 3 Medical Use of Marijuana? Yes 1238 1108 896 1029 955 988 1185 7399 No 840 980 601 868 669 666 1118 5742 Blanks 85 167 94 104 95 129 166 840 Total 2163 2255 1591 2001 1719 1783 2469 13981 QUESTION 4 Non Binding Resolution? Yes 1463 1395 982 1284 1081 1072 1497 8774 No 381 421 340 388 308 319 463 2620 Blanks 319 439 269 329 330 392 509 2587 Total 2163 2255 1591 2001 1719 1783 2469 13981 96 ANNUAL MEETING OF THE OLD KINGS HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE NOVEMBER 13, 2012 Annual Meeting of the Old King's Highway Regional Historic District Committee Barnstable, ss. To the Constable of the Town of Yarmouth in the County of Barnstable: Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town who reside in the Old King's Highway Regional Historic District and are qualified to vote in elections and in Town affairs, to meet at the Yarmouth Port Fire Station #2 Meeting Room in said Town of Yarmouth on Tuesday, the thirteenth of November next from 6:00 P.M. to 7:00 P.M., then and there to act on the following business: Polls opened at 6:00 P.M. for the election of one member of the Old King's Highway Regional Historic District Committee for a term of four years 1. The election of one member to the Old King's Highway Regional Historic District Committee for a term of four years. Polling place open from 6:00 P.M., then and there to act on the following business. 2. Other motions or resolutions from the floor. Polls opened at 6:00 P.M. for the election of one member of the Old King's Highway Regional Historic District Committee for a term of four years. The meeting of the Old King's Highway Regional Historic District Committee came to order at 7:00 P.M. November 13, 2012 at the Yarmouth Port Fire Station #2 Meeting Room, Yarmouth Port with Selectman Norman Holcomb presiding as moderator, reading the official warrant and returning of service in the presence of Jane E. Hibbert, Town Clerk. The polls closed at 7:00 P.M. The results of the votes were announced by Jane E. Hibbert, Town Clerk, there were 6 ballots cast for the following: W. Leslie Peat 6 The meeting adjourned at 7:05 P.M. Also in the name of the Commonwealth, you are hereby directed to serve this Warrant by posting attested copies thereof at three places with the Historic District, including the South Yarmouth Post Office, the Yarmouth Port Post Office and the Yarmouth Port Village Store; also by publication in the Register at least fourteen days before the time of holding said meeting as aforesaid. Hereof, fail not, and make return of this warrant with your doing thereon at the time and place of said meeting. Given under our hands and seal of the Town of Yarmouth, hereto affixed this sixteenth day of October in the year of our Lord two thousand and twelve. Board of Selectmen Town of Yarmouth Curtis Sears, Jr. Norman Holcomb Erik Tolley, Chairman Tracy Post James H. Quirk, Jr. 97 COMMUNITY DEVELOPMENT BOARD OF APPEALS The Board of Appeals operates under the Yarmouth Zoning Bylaw as well as the Massachusetts General Laws Chapters 40A and 40B (a copy of the Zoning Bylaw is available online at the Towns web site, www.yarmouth.ma.us). The responsibilities of the Board of Appeals are to hear and decide petitions for Special Permits and Variances from the terms of the Bylaw and also Appeals from the decision of the Building Inspector, as well as applications for Comprehensive Permits for affordable housing developments. The Board consists of five regular members (appointed for staggered five year terms), plus alternate members (appointed for one year terms), all of whom are volunteers appointed by the Selectmen. The Board is scheduled to meet on the second and fourth Thursdays of each month at 7:00 p.m. The public is always welcome to attend the hearings. The Boards meetings are broadcast live on Channel 18, the Public Access Television Station, and re-broadcast periodically throughout the week, and now available on the web at www.yarmouth.ma.us The Zoning Administrators are an arm of the Board of Appeals and are appointed by the Board of Appeals subject to confirmation by the Selectmen. The Zoning Administrators carry out the same functions as the Board of Appeals, operating under the same laws and procedures, but generally handle the less controversial or less complex cases. The Board's Zoning Administrators are currently Mr. Joseph Sarnosky and Mrs. Debra Martin. The Board is chaired by Steven DeYoung and Sean Igoe as the elected Vice-Chairman. During the year 2012 the Board of Appeals heard a total of 58 applications. Of these, 48 were granted (in whole or in part) while 2 were denied, 8 were withdrawn. I wish to thank our Regular and Alternate members and our Office Administrator, Sandi Clark, for their dedicated and conscientious service to the Town throughout the year. Respectfully submitted, Steven DeYoung, Chairman Sandi Clark, Office Administrator Regular Members: Alternate Members: Steven DeYoung, Chair Richard Neitz Sean Igoe, Vice Chair Robert Howard Bryant Palmer Gerald Garnick Joseph Sarnosky John Richards Debra Martin DEPARTMENT OF COMMUNITY DEVELOPMENT The Department of Community Development is responsible for overseeing the Town’s long- range planning efforts, economic development, conservation, affordable housing and historic preservation initiatives as well as administering programmatic funding that is utilized to enhance the overall quality of life within the Town. Department of Community Development staff works with a number of local Boards and Committees including the following: Planning Board, Conservation Commission, Zoning Board of Appeals, Old Kings Highway Committee, Historical Commission, Community Preservation Committee, Design Review Committee, Community and Economic Development Committee, Community Housing Committee, and the Affordable Housing Trust. Collectively and individually, these regulatory boards and advisory committees are responsible for regulating and shaping the Town’s commercial and residential 100 development and redevelopment. Additional information for each of these Boards and Committees can be found in their respective annual reports. On a day to day basis, the Community Development Department provides assistance to residents and businesses as they navigate the permit and development process. Staff members respond to all levels of inquiries and provide help with filing applications as well as continuity through the review process by various boards and committees. Community Development staff oversee and administer the Town’s Community Development Block Grant (CDBG), the Community Preservation Act (CPA) and Tourism Revenue Preservation Fund programs. CDBG grant funds were utilized for septic rehabilitation, septic pumping, meals on wheels, homelessness prevention, affordable accessory apartments, and affordable housing acquisition and rehabilitation. CDBG funding must benefit low- and moderate-income households or persons. CPA funds may be used to fund affordable housing, open space, historic preservation and recreation programs. Additional information is provided in the Community Preservation Committee’s report. Tourism funds are used for marketing initiatives, physical improvements such as the new gateway sign at Packets Landing, and to fund a variety of special events including the Summer Celebration Kick-off, the St. Patrick’s Day Parade, Woodies on the Green, and the Seaside Festival. Additional information regarding the Tourism Fund is included in the annul report for the Community and Economic Development Committee. Over the past year, the Department has continued to work on a variety of affordable housing issues including monitoring and updating the Town’s subsidized housing inventory, monitoring resale of affordable homes, working with parties interested in developing affordable housing in Town, and assisting Yarmouth residents to acquire affordable housing. The Community Development Department serves as the liaison between the Town and state and regional housing entities and also works with the development community to help them navigate relevant state and local regulations as well as to ensure that all projects are consistent with community character and housing needs. Of note, staff efforts supported the disposition of the John Simpkins School to a private developer. Construction of the 65-unit senior affordable housing project is currently underway. Community Development staff also administered program efforts of the Town’s Affordable Housing Trust including motel transitions, the Ready Renter and Buydown programs as well as the preservation of the Town’s Affordable Housing inventory. Over the course of the year, the Community Development Department has been involved in a number of interesting projects and initiatives that will positively impact the community in both the short- and long-term. Working collaboratively with the Planning Board and the Village Centers Overlay Ad-Hoc Committee, staff supported planning efforts to develop a comprehensive zoning bylaw focused on establishing economic centers along Route 28 that will facilitate investment in our local economy that is consistent with the community’s character. This bylaw was overwhelmingly approved at a Special Town Meeting. We look forward to working with the development community to facilitate the revitalization of Route 28. Also noteworthy is the expansion of Mayflower Place and the associated redevelopment of the Mill Hill Club. This project is currently under review at the Cape Cod Commission. I would like to take this opportunity to thank the volunteers that comprise the Department’s many boards and committees as well as my staff that provide support and administration of the various programs. Your efforts and dedication to making the Town of Yarmouth a great community are much appreciated! Respectfully Submitted, Karen M. Greene, Director 101 PLANNING BOARD The Planning Board had an incredibly busy and productive year with the development and passage of the Village Centers Overlay District (VCOD) Zoning Bylaw, which overlays a segment of Route 28 from Winslow Gray Road to Lyman Lane and establishes four distinct village centers. The Planning Board worked diligently with the VCOD Ad Hoc Committee to develop the right mix of rules and regulations to motivate investment in commercial and residential development while requiring strict design standards to promote Yarmouth’s seaside character. The Planning Board is looking forward to the future revitalization of this segment of Route 28. The Board would like to thank John Barker, Dick Martin and Jack Hynes for their contributions and dedicated service to the VCOD Ad Hoc Committee. In the 2012 calendar year, the Planning Board held numerous business meetings, workshops and public hearings to conduct the regular business of the Planning Board. In addition to the development of Zoning Bylaw amendments, the Planning Board reviews such projects as Preliminary and Definitive Subdivisions Plans, Approval Not Required (ANR) Plans, Scenic Roads, Street Names, and Special Permits for certain projects such as those developing under the Motel and Revitalization Overlay Architectural District (ROAD) Bylaw and cluster subdivisions. A comparison of the number of Planning Board actions taken over the last 3 years is provided, below. Planning Board Actions 2010 - 2012 2010 2011 2012 Business Meetings 11 18 27 Workshop Meetings 35 27 24 VCOD Ad Hoc Meetings - - 23 Public Hearings 5 7 5 Approval Not Required Plans 2 6 6 Preliminary Subdivisions 0 0 1 Definitive Subdivisions 1 0 1 Special Permits 0 1 1 R.O.A.D. Projects 0 1 1 Design Review Hearings 2 0 0 Scenic Road Hearings 0 0 1 Articles Presented at Town Meetings 4 3 4 Planning Board members also served on other town committees and worked for other community groups. Tom DiPersio served as the Board’s representative to the Design Review Committee. Ken Driscoll served as the Board’s representative to the Community and Economic Development Committee (CEDC). Tom Roche served as the Board's representative to the Community Preservation Committee (CPC) and as CPC’s representative to the Yarmouth Municipal Affordable Housing Trust. Chris Vincent served on the Capital Budget Committee. Mr. Goodwin served on the Marina Committee and on the Motel Predevelopment Fund Selection Committee. Norm Weare served as the Board’s representative on the Community Housing Committee (CHC). Chris Vincent, Ken Driscoll and Tom Roche also served on the VCOD Ad Hoc Committee. And last, but not least, the Planning Board welcomed a new Town Planner, Kathy Williams, mid-way through the year. The additional horsepower was much needed in the final push in moving forward with the Village Centers Overlay Center Bylaw. 102 Respectfully submitted, Chris Vincent, Chairman Thomas DiPersio, Vice-Chairman Norman Weare, Clerk Kenneth Driscoll Brad Goodwin Thomas Roche Outgoing member: John Shea AFFORDABLE HOUSING TRUST The Yarmouth Affordable Housing Trust was established in fall 2007, pursuant to a Town Meeting Vote as provided for by the Municipal Affordable Housing Trust Fund Bill, Chapter 491 of the Acts of 2004 (MGL c. 44 Sec 55C). The purpose of the Trust is to provide for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households. For Yarmouth specifically, the Trust looks to take advantage of the flexibility inherent in a Housing Trust by creating and funding housing opportunities that need action more quickly than a yearly Town Meeting may allow. The 2012 Yarmouth Affordable Housing Trust members were the Town Administrator, William G. Hinchey, Board of Selectmen representative Curt F. Sears, Jr., Community Housing Committee representative Mary Ann Gray, Community Preservation Committee representative Thomas Roche, and at- large-member Robert C. Lawton, Jr. In 2012 the Trust met thirteen times and dedicated their time and resources on the following programs:  Buy-Down Homeownership Program: One of the major focuses of the Trust, the buy- down program, takes advantage of the current lull in the real estate market, buys existing homes scattered throughout established residential Yarmouth neighborhoods, performs any needed repairs or upgrades to make sure the homes meet the Trust’s high construction standards, deed-restricts the homes with a Department of Housing and Community Development (DHCD) Local Initiative Program (LIP) Deed Rider, then re- sells the homes at an affordable level to qualified buyers selected via affirmative fair housing marketing. The program has completed eleven transactions to date. There are now twelve (12) great affordable Yarmouth homes scattered throughout various residential neighborhoods with qualified families living in them, and the homes are deed- restricted in perpetuity. This program is truly a win-win-win: a win for the buyers in that they are purchasing solid homes at affordable prices, a win for Yarmouth as affordable housing helps maintain the fabric of the community and pride-of-homeownership contributes to the upkeep and betterment of Yarmouth neighborhoods, and a win for the local real estate market as the program is a ready-willing buyer. In 2012, through a publically advertised proposal process, the Trust partnered with Our First Home, Inc., a Yarmouth-based non-profit developer of affordable housing, to administer the Buy Down Program.  Regional Ready Renters List: The Trust continued to support the mid-Cape Regional Ready Renters Program. The affirmatively marketed “wait list” is administered by the Cape Cod Commission and provides Yarmouth residents with regional access to affordable rental units. 103  Affordable Housing Preservation: To date the Trust has purchased and rehabilitated three existing affordable homes in order to preserve the affordability. Built in the German Hills and Setucket Pines neighborhoods, the units were in danger of being lost to the program due to foreclosure or a lengthy resale period. The units were resold to income eligible households with a new stronger affordable housing deed rider in place.  Motel Transitions: In an effort to improve the quality of life in Yarmouth, the Trust partnered with the Regional Network to Prevent Homelessness to assist people moving from Route 28 motels under Court order to vacate their occupants. To date three motels and 23 people have benefitted from this program. In June 2012, through a publically advertised proposal process, the Trust allocated funds for three new affordable housing initiatives. These initiatives represent a $450,000 investment creating 31 new affordable units in Yarmouth:  Great Island Apartments: Housing Assistance Corporation will use $190,000 to create twenty-five (25) new affordable one- and two- bedroom rental units at 543 Route 28 and Reindeer Lane in West Yarmouth. Housing Assistance will seek additional local and state funding for this project.  Town-wide Rental Homes: Building Dream Inc. will use $190,000 to buy four (4) existing, moderately priced homes and convert them to affordable rental units. Each home will be rehabilitated and deed restricted affordable in perpetuity, and at a minimum each will have two-bedrooms.  Laban Lane: Habitat for Humanity of Cape Cod will use $70,000 to construct two (2) affordable homes on Laban Lane. These new two-bedroom homes will be deed restricted affordable in perpetuity. The Trust would first like to thank our administrative assistant Mary Waygan of the Department of Community Development for her support and dedication in creating safe and decent affordable housing in Yarmouth. Secondly we thank the Community Preservation Committee for their financial support of our programs, and the voters for approving our funding requests at Annual Town Meeting. We look forward to another productive year in 2013. Respectfully submitted, William G. Hinchey, Chairman Robert C. Lawton, Jr., Vice Chairman Curt F. Sears, Jr., Board of Selectmen Representative Thomas Roche, Community Preservation Committee Representative Mary Ann Gray, Community Housing Committee Representative COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE The CEDC was established in 2005 with the intent to coordinate economic development activities, to facilitate the expansion and retention of existing businesses, to broaden the economic base of the community and to broaden a sense of community among residents and businesses in Town. The Committee is comprised of seven (7) members specifically including a representative from the Planning Board and the Executive Director of the Yarmouth Area Chamber of Commerce. Current CEDC members include: Peter Q. Smith, Chairman; Thomas George, Clerk; John Barker; Ken Driscoll (Planning Board Representative); Bob DuBois (Yarmouth Area Chamber of Commerce); Jack Hynes; and Jack McCormack (Representative to Design Review Committee)During this past year, CEDC met 16 times, focusing primarily on the Tourism Revenue Preservation Fund (TRPF) and the Village Centers Overlay District bylaw. 104 Established by Annual Town Meeting and formalized through an Act of Special Legislation, the TRPF is funded by local rooms and meal tax receipts. The TRPF is intended to fund “…programs and projects that enhance the beautification, recreational resources, promotional and marketing activities, events, services, and public improvements which are of clear mutual interest to the residents and visitors of the town of Yarmouth, and which strengthen the town as an attractive center for tourism and related purposes of the visitor industry”. TRPF Funding to date has been allocated for three primary programs of spending: Public Improvements – The TRPF mandates that between 20 and 40 percent of all funds be allocated for this purpose. The CEDC continues to prioritize the establishment of a Gateway program to install signage and landscaping throughout Town that will be attractive to visitors and residents and that will reinforce a brand image. Efforts are underway to obtain the necessary permitting and to procure signage and landscaping services. Allocations for public improvements tally 20% of funding to date. Special Events – Building on prior years’ success, the CEDC funded 19 events during calendar year 2012. Special events help to bring visitors to our community that utilize local lodging and restaurant establishments and help to reinforce a sense of community for residents. Some of the events funded include the Taylor Bray Farm Sheep Festival, Cape Cod Festival of Magic, Special Exhibits at the Cultural Center of Cape Cod, the Yarmouth Summer Celebration Kick Off, the Cape Cod St. Patrick’s Day Parade, the Seaside Festival, the Yarmouth New Church Concert Series, Woodies on the Green. Allocations for special events total approximately 42% of funding to date. Marketing – During the past year, CEDC began implementation of a comprehensive marketing program for the Community with the assistance of a Social Media Consultant. Initially focused on the marketing of Special Events and other tourism-based initiatives, the focus will be expanded to market Town programming and to assist Town staff with the utilization of social media for communication with the public. CEDC will continue to refine marketing efforts, evaluating the most advantageous way to coordinate marketing efforts across a variety of mediums and to garner assistance with event coordination and production. TRPF Approximately 28% of funding to date has been allocated for marketing initiatives. For the upcoming year, the CEDC will continue to utilize Tourism Funds to develop programming that strengthens the Town’s tourism industry and that helps to improve the Town’s image. Additionally, CEDC will focus their efforts on marketing the new Village Center Bylaw and encouraging investment in the local economy. Respectfully submitted, P.Q. Smith, Chair John Barker Ken Driscoll Robert DuBois Thomas George Jack Hynes Jack McCormack 105 COMMUNITY HOUSING COMMITTEE The Yarmouth Community Housing Committee is responsible for the oversight and coordination of initiatives and projects that will increase the availability of and access to affordable housing in Yarmouth. Of the 12,037 year-round housing units in Yarmouth, only 405 units or 3.3% are currently considered affordable by the state. The Community Housing Committee strives to reach the 10% goal for affordable housing as set forth in MGL Ch. 40B, while maintaining the quality of life for all Yarmouth residents. To this end, the Committee continues to work closely with the Yarmouth Municipal Affordable Housing Trust, the Yarmouth Housing Authority, and the Planning Board, as well as various non-profits such as Our First Home, Inc., Habitat for Humanity, Housing Assistance Corporation, Harwich Ecumenical Council for the Homeless, and the Regional Network to Prevent Homelessness. The Community Housing Committee met fifteen (15) times in 2012. The Community Housing Committee used their meeting time to review potential affordable housing developments, update the Town’s Housing Production Plan and review affordable standards and bylaws. The Committee reviewed and commented on four (4) affordable housing proposals including a Ch. 40B proposal, a motel conversion with an affordable housing component, a subdivision with an affordable inclusionary zoning unit and the Town Wide Rental Home Program. Also, the Committee partnered with the Affordable Housing Trust and the Department of Community Development to preserve one existing affordable home. The Committee is pleased to announce that the former John Simpkins High School located at 134 Old Main Street, South Yarmouth is converting to senior affordable housing. Affordable apartments for households age 55 and older will soon be available. For more information or to apply for a unit please call 508-394-7111. Household income limits apply. This is an Equal Housing Opportunity. Promoting affordable housing is an ongoing task and the challenges are so complex that it is inspiring to serve on a committee with an energetic and motivated group. I would like to thank the members of the Committee for their hard work. I would like to take this opportunity to recognize Gloria Smith, a former member of the Committee who sadly passed away in 2012. I would also like to thank Director of Community Development Karen M. Greene and Administrative Assistant Mary Waygan for all their support and hard work promoting affordable housing in Yarmouth. The committee looks forward to another productive year and your involvement as we work together to meet the housing needs of our community, and to build a better living environment for our citizens. Respectfully Submitted, Mary Ann Gray, Chairman Alan Aarons, Vice Chairman Mike Nardone, Clerk Debbie Bellows Ed Blackman, Housing Authority Representative Scott MacLean Olivia Reis Nate Small Norm Weare, Planning Board Representative Staff Assistant: Mary Waygan, Administrative Assistant 106 Community Preservation Committee gathers for a presentation COMMUNITY PRESERVATION COMMITTEE Under the Community Preservation Act (CPA), the Town provides funding for eligible projects under the four categories of Community Housing, Historic Resources, Open Space, and Recreation. CPA funds are raised through a local 3% property surcharge and State matching funds. The program generates more than one million dollars annually. Since adopting the Community Preservation Act (CPA) in 2005, we have made significant improvements in Town. To date, the Town has sold 24 affordable homes and improved 54 existing affordable units. We have protected approximately 12 acres of open space and rehabilitated 13 historic properties. Lastly, we have leveraged more than $3 million dollars in matching funds towards projects. The Community Preservation Committee (CPC) makes funding recommendations to Town Meeting based on many factors, including the overall community benefit and the ability to meet Committee goals as outlined in the Community Preservation Plan. The CPC held 15 regular business meetings and a majority of meeting time was spent reviewing new proposals, interviewing applicants, monitoring 22 active projects, and approving contracts. The CPC hosted an annual public hearing in September. Katherine Roth, Associate Director of the Community Preservation Coalition, was our guest speaker and she shared the latest information about the Community Preservation Program statewide. The event proved to be a great opportunity to hear from the public and gather input on potential future projects. On July 8, 2012, Governor Patrick signed an amendment to the Community Preservation Act into law. The legislation is called An Act to Sustain Community Preservation. While there are many changes to the statute, the new provisions will allow us to rehabilitate our recreational assets that were not created or acquired with CPA funds. Our legislators worked on these changes for almost a decade and they will have a positive impact in our town. PROJECTS APPROVED AT TOWN MEETINGS Nine projects were approved at Annual Town Meeting and one project was approved at Special Town Meeting. The projects are described below: COMMUNITY HOUSING $286,000 For the Municipal Affordable Housing Trust (MAHT) Fund to create, preserve, and support affordable housing. $430,000 To the MAHT Fund to purchase four single-family market rate homes and resell them at an affordable rate to income eligible households. $25,000 For Hands of Hope, a local non-profit organization, to assist Yarmouth families with first and last rental assistance for permanent leased housing. $625,000 To Housing Assistance Corporation to create 25 new affordable rental apartments on Route 28 and Reindeer Lane in West Yarmouth. HISTORIC RESOURCES $34,120 To the Taylor-Bray Farm Preservation Association to complete the second phase of the archeological survey at Taylor Bray Farm. Funds were used for excavation; cleaning, identifying, and cataloging artifacts; and a final report analyzing the 107 findings. $24,900 To replace the roofs on the Taylor Bray Farm cottage, garden shed, and small barn. Funds were utilized to replace eight cottage windows and the cottage storm door. $266,200 For the South Yarmouth Methodist Church to replace the foundation, make exterior repairs (clock, bell tower, and spire), and interior repairs to the electrical system. $36,800 To replace the 30-year old roof shingles with cedar shingles on the circa 1820’s Edward Gorey House and upgrade the climate control system. $158,000 To rehabilitate the exterior of the First Congregational Church building with siding and to reconstruct the exterior handicapped ramp to meet American with Disabilities Act (ADA) requirements. $4,800 To replace diseased trees with twelve historically appropriate replacement trees in Ancient Cemetery. PROJECT UPDATES While there are many projects in the CPA program, we would like to take this opportunity to highlight some milestones of this year: The second phase of archaeological work continued at Taylor-Bray Farm. The examination uncovered 17th and 18th century artifacts and a 1756 George II British half penny. The Town completed phase I rehabilitation work at Taylor-Bray farmhouse and interior finish work is scheduled for completion in 2013. Replaced the roofs on the cottage, garden shed, and small barn. We also replaced eight cottage windows and the cottage storm door. The cottage is home to the caretakers of the property. In August, the Town replaced diseased trees with historically appropriate oak trees in the eastern portion of Ancient Cemetery. The Town received a Barnstable County Land Management Grant to remove invasive phragmites along the coastal bank of the 7-acre open space parcel at 86 Alms House Road in Yarmouth Port. The Historical Society of Old Yarmouth completed the window restoration project at the Captain Bangs Hallet House Museum in September. The Town worked on the conversion of an existing dock on Mill Creek to an observation platform at 281 Route 28 in West Yarmouth (former 1750 House). Project permitting and construction will continue in 2013. In September, Community Connections, Inc., created a handicap accessible garden on Whites Path to give people with disabilities an opportunity to participate in outdoor recreational activities. Artifacts discovered at Taylor-Bray Farm 108 CPA BUDGET SUMMARY The Town collects approximately one million dollars annually in CPA tax receipts. In 2012, the Town received 28% in State matching funds. The total CPA revenue for the past three years is as follows: FY10 - $1,770,733; FY11 - $1,748,134; and FY12 - $1,809,841. The CPA has afforded us with the opportunity to complete more than 40 projects. It helps to strengthen our economy by expanding housing opportunities and jobs for the local workforce, and by supporting the tourism industry through preservation of Yarmouth’s historic and natural resources. These funds are essential for improving Yarmouth’s character and the quality of life for our community and we would like to thank you for your continued support. We would like to acknowledge the loss of Gloria Smith. She was a dedicated member of the Community Preservation Committee since 2005. We will miss her historic expertise, vitality, and enthusiasm for the CPA program. Respectfully submitted, Gary Ellis, Chair (At-large member) Thomas J. Roche, Vice Chair (Planning Board representative) Mary Ann Walsh, Clerk (Yarmouth Housing Authority representative) Fred Fries (Historical Commission representative) Thomas Kelley (At-large member) Hugh March (Conservation Commission representative) Dorcas McGurrin (Recreation Commission representative) Jack Mulkeen (Open Space Committee representative) Nathan Small (Community Housing Committee representative) Staff: Jennifer Coutinho, Program Coordinator CONSERVATION COMMISSION The Yarmouth Conservation Commission was originally formed in 1961 under the authority granted to municipalities by M.G.L. Chapter 40, Section 8,C., (The Conservation Commission Act), and is presently made up of seven regular members and one full time employee. The Commission’s “charge” involves regulatory review and issuance of permits pursuant to the Massachusetts Wetland Protection Act, (M.G.L. Chapter 131, Section 40.) and the Town of Yarmouth Wetland By-Law, (Chapter 143 of Yarmouth’s General By-Law Code). In addition, the Commission manages approximately 1800 acres of town-owned conservation land in Yarmouth. Many acres contain hiking trails while others are set aside allowing natural ecological succession. The Commission had a very busy year with applications, projects and an administrative transition. The former Conservation Administrator, Bradford Hall, retired in March 2011 after serving 31 years with the Town of Yarmouth. The Commission deeply appreciates Brad’s service throughout the years and wishes him a healthy and happy retirement. In June, the Town hired Kerry Muldoon as the new Conservation Administrator. CPA Funds Appropriated to Projects Since 2005 Historic $3,806,612 Open Space $1,998,000 Housing $6,568,968 Recreation $1,088,450 109 Within the past year, the Commission conducted 24 public meetings pertaining to the Massachusetts Wetland Protection Act and the Town of Yarmouth Wetland By-Law. In addition to their regulatory business, the Commission also worked on several notable projects over the year. Such projects involved preparing a land management plan for the Callery Darling Conservation Area with the help from the Compact of Cape Cod Conservation Trust, Inc. This plan described the Conservation Area and how the land will be cared for. By acquiring this property, the Callery Darling land increased by 7.06 acres. In the spring, the Commission worked with an area homeowner to install an Osprey camera in the marsh that abuts the homeowner’s residence. The camera captured the day and night activity of the birds and provided an educational opportunity to capture a close encounter to the bird’s life cycle via the Town’s website. In July, after a comparative analysis with other Cape Towns, the Commission began to use the approved revised fee schedule that put the Commissions fees in line with other Cape Communities. In October the Commission approved a Municipal Certification for a Conservation Restriction on Perch Pond. In December, the Commission hosted a well-attended Stormwater workshop with a guest speaker from the Department of Environmental Protection. Finally, Commission staff wishes to extend special thanks to the Natural Resources, Highway and Engineering Departments for their help during the past year. Respectfully Submitted, Town of Yarmouth Conservation Commission, David D. Flaherty Jr., Chairman, Edwin Hoopes, Vice Chairman, Gerry Duffy, Secretary Hugh March Joan Carr Tom Durkin Phil Johnston Staff: Kerry Muldoon, Conservation Administrator DESIGN REVIEW COMMITTEE The Design Review Committee (DRC) continued their duties in 2012 by conducting design reviews for all commercial projects located south of Route 6, and all projects developing under Bylaw Section 404 – Motels (HMOD1 and HMOD2), Section 411 - Revitalization Overlay Architectural District (R.O.A.D.), and Section 414 – Village Centers Overlay District (VCOD). The DRC reviews projects based on their adherence to the Yarmouth Architectural & Site Design Standards. The DRC provides advisory review for commercial projects, and reviews projects developing under Section 404, Section 411 and Section 414 for mandatory compliance with the Standards. The DRC is the Design Review Authority for commercial projects and those motel projects developing in the HMOD1 motel district along Route 28. The DRC advises the Planning Board, the Design Review Authority on motel projects in the South Shore Drive motel district (HMOD2) and on projects submitted to the town under the R.O.A.D. Bylaw. The Design Review Committee is also a member of the Site Plan Review Team. The DRC actively participated in the development of the Village Centers Overlay District (VCOD) Bylaw through representation on the VCOD Ad Hoc Committee. The Committee members are looking forward to another busy and productive year that will continue to provide 110 visual improvements to site designs and commercial buildings in the town’s motel districts and commercial areas. Respectfully submitted, Dick Martin, Chairman Tom DiPersio Sara Jane Porter Charles Adams Jack McCormack Staff: Kathy Williams, Town Planner HISTORICAL COMMISSION The Yarmouth Historical Commission was established by Chapter 40, Section 8.D. of the Massachusetts General Laws for the purpose of the preservation, protection, and development of the historical and archaeological assets of the town. It may also recommend to the Massachusetts Historical Commission places to be certified as historical or archaeological landmarks. The Commission is comprised of up to seven Commissioners and five Associates, who are appointed by the Board of Selectmen. Commissioners’ terms are three years, and Associates are appointed annually to provide specific expertise. Again this year, the Judah Baker Windmill was open to the public for tours during the summer months. We are grateful to Commissioner Nancy Stewart and her volunteers for their dedication to the windmill. With their assistance, the windmill was open three afternoons per week and every holiday weekend from Memorial Day through Columbus Day. During that time approximately 1,200 visitors from the United States and abroad stopped by to learn the mill’s history and enjoy the beautiful view of Bass River. There was even a wedding celebrated there last summer! The Commission continues to work with the Taylor-Bray Farm Preservation Association in furthering their goals as well as ours. The farm is a popular, community-supported property, and its three annual fundraising events (the Sheep Festival in the spring, the Fall Festival, and the Holiday Festival) are well attended by local residents, as well as visitors from off-Cape. Area students also enjoy school trips to the farm where volunteers educate them about the animals and the history of the farm itself. The Historical Commission continues its work to preserve and maintain the Town’s historic structures and to promote the cultural and economic benefits of historic preservation. During 2012, the Commission held eleven monthly meetings to further these goals. The Commission also held two additional meetings and made two site visits regarding demolition requests for properties more than 75 years old. In each case, the Commission thoroughly researched the properties and inspected them before deciding whether their demolition would be detrimental to the architectural, cultural, or historical heritage of Yarmouth. In one case, the Commission approved the demolition request. In the other, the members felt that the structure was significant to Yarmouth and should not be demolished. The owner was advised to research alternatives to demolition and submit them to the Commission for review. A plan that satisfied the Commission and the owner was eventually approved. During 2012, the Commission received a grant from the Massachusetts Historical Commission to conduct a town-wide inventory of structures to determine those that are in the 75-years-or-older 111 category and thereby require special consideration when external changes or demolition of the structure are requested. This grant, together with one awarded in 2011 by the Yarmouth Community Preservation Committee, has allowed the Commission to hire Gray & Pape, Inc., a consulting company with an excellent national reputation, to conduct the inventory. The finished inventory will then be maintained in a digital format that the Commission and others will be able to easily access. The inventory will also be designed so that additional structures can be added as they meet the 75-year threshold for review. “Nothing in the world is permanent, and we’re foolish when we ask anything to last, but surely we’re still more foolish not to take delight in it while we have it.” (W. Somerset Maugham, The Razor’s Edge). The membership of the Historical Commission experienced two losses this year. James Goldberg, Associate Commissioner, resigned due to work commitments out of state. Jim was a valued member of the Commission and will be missed. The other loss was that of a very special person, Gloria Smith, our Vice Chairman. Gloria was the soul of our Commission. Her knowledge of times gone by and her no-nonsense New England personality helped the other members (especially the “wash ashores”) get a sense of what Yarmouth and Cape Cod were all about. For Gloria, history was not dry facts; rather it was people and occasions enlivened by her tales of what went on—and her personal take on it. All the Commission members took great delight in having Gloria as our friend, fellow member, and historical mentor. May we strive to honor her memory by bringing to the meetings some of the knowledge and passion for Yarmouth that she shared with us. The Commission is looking for two additional Commissioners and four more Associates. Anyone interested in becoming a Commission member should contact the Historical Commission office and complete a Talent Bank form. As always, we are grateful for the assistance and professionalism extended to us by Colleen McLaughlin, our Office Administrator. Respectfully submitted, Gina Lombardi, Chairperson Frederick Fries, Member Julie Mockabee, Member Nancy Stewart, Member Dorothy Caprera, Associate Staff: Colleen McLaughlin OLD KING’S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE The Old King’s Highway (OKH) Regional Historic District is comprised of the six towns of Sandwich, Barnstable, Yarmouth, Dennis, Brewster, and Orleans. The District’s boundaries generally start at Route 6 and proceed northward to Cape Cod Bay. The boundaries of Yarmouth’s OKH District are from the Mid-Cape Highway (Route 6) north to the bay and from the Barnstable to Dennis town lines. Old King’s Highway is the largest historic district in America and includes 37 continuous miles along Route 6A. Chapter 470 of the Acts of 1973, as amended, governs the Old King’s Highway Regional Historic District Commission and the Yarmouth Old King’s Highway (OKH) Regional Historic District Committee. The purpose of this Act is to enhance the general welfare of the inhabitants 112 of the District through the promotion of the aesthetic, cultural, economic, educational, and literary traditions of the area by protecting and preserving its buildings and settings and to maintain its heritage by protecting the aesthetic traditions established in the early days of Cape Cod. For 39 years, our OKH Regional District Committee has been committed to preserving the architecture of the past, while blending it with the future. An annual effort is made to inform owners of the 3500 properties in Yarmouth’s OKH District that the following exterior changes to their structures or settings require OKH approval prior to the start of the work: new construction, additions, alterations, changes of color (except to white), decks, fences (of any height or material), reroofing, sheds, siding, signs, walls, windows, and demolitions (in whole or in part). Property owners within the OKH Historic District receive an annual reminder of this requirement in their spring water bills. Additional reminders concerning this issue are also posted on the local cable channel and the Town Hall information table and at the Building Department and OKH office. The public is reminded that exterior changes without OKH Committee approval may result in a violation and possible fine imposed by the Building Inspector. In addition, the OKH Committee’s designated inspector checks new construction at framing and occupancy permit times for non-compliance with OKH-approved plans, which could delay issuance of an occupancy permit. Applications held steady at 2011 levels with 21 public hearings being held and 276 applications (131 Certificates of Appropriateness, 9 Certificates of Demolition/ Removal, and 136 Certificates of Exemption) being reviewed. This year saw a significant increase in applications for solar panels from 3 in 2011 to 8 in 2012. Eighty-nine (89) “Like for Like” approvals were also granted this year. “Like for Like” is a category for projects involving routine repairs and maintenance with no changes to the structure’s exterior appearance or setting; such requests do not require a public hearing. At the Commission level, the OKH Committee chairperson represents Yarmouth at the monthly appeals hearings and regularly consults with James Wilson, Esq., the Old King’s Highway Regional Historic District Commission’s attorney, regarding any legal questions that arise. Two decisions of the Yarmouth OKH Committee were appealed during 2012. In both cases, the OKH Commission upheld the Committee’s decision. The Old King’s Highway Committee experienced several personnel changes in 2012. Wesley Price, the Committee’s Architect/Contractor, resigned his position due to work commitments. The Committee would like to thank him for his efforts on behalf of the Old King’s Highway Committee and the Town of Yarmouth. Both of the vacant Alternate positions were filled by the Selectmen’s appointments of Judith Recknagel and Stanley Kaczynski. Once again, we are grateful for the professionalism and assistance extended to us by Colleen McLaughlin, our Office Administrator. Respectfully submitted, Richard Gegenwarth, Chairman Suzanne Courcier, Vice Chairman W. Leslie Peat, Member James Liedell, Member Judith Recknagel, Alternate Stanley Kaczynski, Alternate 113 COMMUNITY SERVICES LIBRARY DIVISION LIBRARY BOARD’S REPORT The Town’s stated policy concerning library services is “To provide all residents of the town of Yarmouth with modern, comprehensive, and readily accessible library and information services.” While a worthy and proper goal, words alone cannot bring about its fulfillment. The stark fact of the matter is that by several critical measures, the town’s library policy can never be fulfilled and the town will continue to have a substandard department:  Municipal financing support is not only inadequate to the task, but has been so reduced in recent years that the town is now in near-permanent waiver status, unable to meet the standards of the MA Board of Library Commissioners.  The library department is understaffed both in numbers of personnel and their professional status.  Building facilities are wholly inadequate to meet the town’s stated policy goal.  There is no organizational structure by which to generate and direct support from the community for town-wide library services. These are but some of the impediments to having “modern, comprehensive, and accessible library services” in Yarmouth. If the town is truly interested in fulfilling its policy on library services, it will need to commit itself to reversing the considerable long-term underinvestment in taxpayer support, workforce development, building space, and commitment from the entire community to bring this about. -Harris Contos, Library Board Chair LIBRARY DIRECTOR’S REPORT, 2012 2012 was another busy and successful year for the Yarmouth Town Libraries. Programs at our libraries continued to be popular with over 5,068 people in attendance. Good Stories Well Read brought literature, actors, and the public together in front of the fire at West Yarmouth Library. Exhibiting local artists held receptions to highlight their works. Reference Librarian Trish Cassisi conducted Tech Talks and many group/one-on-one training sessions for users of E- readers such as Kindle, Nook, etc. This year Trish launched Mango Languages training programs, and also offered training for the CLAMS Mobile App. The Book Teasers book discussion program continued at West Yarmouth, to the delight of book connoisseurs. The South Yarmouth Book group continued its topic-based monthly book discussions. We upgraded our public access Internet computers at the South Yarmouth Library to Userful, a public library-oriented computing platform. This year we increased our holdings of e-books, added iPads, launched a mobile app enabling smart phone access to our online catalog, adopted online pre-registration for new library cards, and upgraded our WiFi network. Although we’re making progress, we still have a long way to go in improving the libraries’ technology to meet user demands. 116 Circulation 233,962 192,286 199,085 192,446 195,314 Attendance 173,256 150,932 163,084 152,743 147,545 Program Attendance 5,989 6,551 7,825 7,288 5,068 Average computer use/wk. 700 1,100 1,100 700 600 Items added 5,200 4,200 3,736 CHILDREN’S DEPARTMENT Our Children’s Department has been very busy this year. We offered traditional preschool and Wee Read story hours, craft classes, Zumbatomic fitness, yoga classes, “Musical Discoveries”, “Groovin at your Library” and babysitting training classes. We once again offered online summer reading programs enabling 24/7 participation. 120 children and teens participated and provided 525 Books to Yarmouth Pediatric Offices for their waiting and exam spaces as part of our summer reading program incentive. Books were solicited and donated by seven publishing companies: Abrams Books, Dawn Publishing, Hachette Book Group, Houghton Mifflin, Mondo Publishing, Plum Blossom Books (Parallax Press) and Tanglewood Press. We had a very successful program with NY Times bestselling author and illustrator Brian Lies in July. 44 participants were present to listen to a reading of Brian’s new book More with a sneak peak at his soon to be published first illustrated chapter book Malcolm at Midnight. The Yarmouth Town Libraries was selected to receive a visit from Brian as part of the Support for Summer Reading Online grant. The Ninth Annual Polar Express Program was an incredible success. Over 260 children, parents, volunteers and staff participated in the enchanted journey on the Polar Express, based on the beloved story by Chris Van Allsburg. This year we displayed “Polar Express inspired art work” created by talented students from Marguerite Small School and Station Avenue Elementary School in the Leonard Room as part of our program. Seven local businesses graciously supported our program: Anchor Hardware, Candy Co., Cape Destinations, Christmas Tree Shops, Dunkin Donuts, Shaw’s and Super Stop and Shop. The South Yarmouth Library Association and the West Yarmouth Library Association financed additional costs of this program. To better serve the educational community, we introduced a Teacher Resource page on the Library’s website which offers a wealth of information teachers: Institution (Teacher) Cards, tours and visits to the Library, new resources added, information about electronic resources the Library provides and Internet sites for educators to support lesson planning, child development and teacher tips. STAFF AND VOLUNTEERS We had minimal staffing changes this year. Christine Drowne transferred from the children’s dept. to adult services, and Connie Marr was hired to take Christine’s place in the children’s department. We continued to engage a participant from the Elder Services Mature Workers program, Carol Scorzelli. This year we employed a professional part-time librarian, Karen Gardner, through BiblioTemps who assisted during several family medical leaves. The library business is knowledge-based and we need to provide not only friendly, but knowledgeable, customer service. Staff members attended a variety of training programs in order to sharpen their skills. Staff are also continuing their cross training between the South Yarmouth CIRCULATION, ATTENDANCE, PROGRAMS AND NEW ITEMS FY 2008 FY 2009 FY 2010 FY 2011 FY2012 117 and West Yarmouth library locations, so that circulation staff are familiar with both library settings and communities. The library staff deserves special praise and recognition for their hard work and dedication. Having come through some difficult financial times, the Yarmouth Town Libraries continue to prosper thanks to the professional, knowledgeable staff whose superior customer service and technological expertise enhance library services in our community Many thanks to our 23 dedicated volunteers who volunteered a total of 1,347 hours. A special thanks to all or our volunteers for without them many programs and services would not be possible. AND THANKS TO THE LIBRARY BOARD, FRIENDS, ASSOCIATIONS, AND SUPPORTERS In 2012 the Library Board had three members resign: Merle Mammato, Annmarie Gavin and Sandi Femino. Three new members were appointed by the Board of Selectmen: Helen Niedermeier, Kay Delaney, and Robert Milne. We wish Helen, Kay and Rob the best in their undertakings as newly appointed Library Board members. And we'll all miss Sandi, Annmarie and Merle, and thank them for their years of dedicated service We wish to thank all those who helped us in so many ways in 2012: Town of Yarmouth Library Board, South Yarmouth Library Association, West Yarmouth Library Association, Bass River Civic Association, Yarmouth Garden Club, Hyannis Garden Club, Books by the Sea, the Cultural Center, Candy Co., Cape Destination, Dollar Tree, Shaw’s, Super Stop & Shop. A very special thank you goes to graphic artist Stephen Drowne for his re-design of the library’s brochures. The library associations and friends conducted a number of very successful fundraising activities including the West Yarmouth Library Association’s craft fairs, book and yard sales and raffle. This year the West Yarmouth Library Association made an extremely generous donation of 15K to the Town in order to preserve the hours of operation at the West Yarmouth Library. The South Yarmouth Library Association conducted its successful 7th Annual Cookie Stroll & Open House and their annual summer book sale. We are most grateful for the support from our two library associations. This year we received a mini-grant from the Education Foundation of Dennis and Yarmouth to purchase an iPad and are grateful to them for their grant. Thank you to all of our supporters for not only their financial support, and for their efforts in enhancing our programs and services. It’s an honor to be Library Director for the Town of Yarmouth. I look forward to serving the Town’s library needs in 2013, and strive to provide excellent customer service and library services that meet the needs of our community. Respectfully submitted, Shirley A. Barron, MLS Library Director 118 DIVISION OF NATURAL RESOURCES NATURAL RESOURCES LAW ENFORCEMENT/ MANAGEMENT SECTION In 2012 the Division of Natural Resources continued to answer a high volume of calls pertaining to wildlife issues. The calls typically ranged from inquiries about nuisance animals or as to whether or not an animal’s behavior was normal to animals being struck by vehicles, impeding traffic or getting into fights or encounters with domestic animals. Inquiries about coyotes and turkeys were among the highest. We did have a slight bump in raccoon calls in the spring during mating season and as the young were being reared, which is normal during that time of the year due to conflicts with mother raccoons attempting to den in or around homes. As a whole however, we saw a decline in the raccoon population. That decline was confirmed by the annual density study that has been conducted by USDA Wildlife Services in South Yarmouth since 2006. We are not entirely sure what the cause of the population decline was this year, but one theory is that because of the mild winter animals were more active and had more interaction with each other, increasing the spread of diseases such as distemper and parvo, as well as increasing the likelihood of animals being struck and killed by vehicles. We received a high volume of bat calls again this year. The calls were consistent, spring through fall as opposed to most years where we get a heavy influx in late summer. It is our policy to remove and have rabies test conducted on bats found in homes if possible. We did have one (1) bat test positive for rabies in town this year. The bat had been encountered by a domestic dog out in the yard. The dog was current on its rabies vaccinations and was placed on the standard quarantine period. If you find a bat in the living quarters of your home, or your pet, child, or anyone else comes in contact with one in or outside of your home, please contact us so that we can attempt to capture it for testing rather than trying to get it to fly out of or away from the house. RABIES INVESTIGATION/SURVEILLANCE/BAITING As always, all animals involved in potential rabies exposures with humans or domestic animals will continue to be tested immediately at the State Rabies Lab. The above mentioned bat was the only animal that tested positive for rabies in Yarmouth this year. Animals that exhibited signs of being sick, but were not exposed to humans or pets, or were found deceased and were viable for testing, were collected and submitted to USDA Wildlife Services for a confirmatory rabies test under their Rabies Surveillance Program. This test is slightly different than the test used for public health surveillance for human and domestic animal exposures. The Oral Rabies Vaccine Baiting Program was conducted in both the spring and fall again this year. Yarmouth Division of Natural Resources staff, as well as staff from The Yarmouth Health Department conducted the hand baiting part of this program which is where certain areas are baited by throwing baits containing the oral rabies vaccine from the roadside into suitable habitat. In the area south of Route 6A, baiting is now done through the use of bait stations instead of the traditional hand baiting method. Bait stations are placed in critical wildlife habitat. The use of bait stations started out as a pilot program in Yarmouth and is now being implemented throughout the Cape towns that fall within the baiting area. USDA Wildlife Services has also conducted a density study in South Yarmouth since 2006, where animals are trapped and identified as well as checked for a rabies titer, which would indicate that they were vaccinated already through the baiting program and were holding a titer, increasing their immunity to rabies. As previously mentioned, the data collected from this year’s density study indicated a significant decrease in the raccoon population which is somewhat of an anomaly, as the population has been on the rebound from being 119 severely decimated during the rabies outbreak. All animals captured however, seemed healthy. The Oral Rabies Vaccine Baiting Program appears to be extremely effective with helping protect our wild population against the rabies virus, in turn helping to keep pets and the public safe. Because of the success of the program and the lack of positive animals on the outer Cape the westward boundary for the baiting is now well into Barnstable and the eastern boundary dropped from Provincetown to Orleans. The goal is to keep moving that boundary towards the canal in an effort to eradicate rabies from Cape Cod. WILDLIFE RESPONSE/EDUCATION The Division responds to hundreds of calls annually concerning wildlife. We will make every effort to capture sick or injured wildlife that is reported to us. We continue to make investigating potential exposures of people or pets to rabies vector species a priority as well as educating the potential victims of the exposures about the rabies protocol. Last year a Cape resident was diagnosed with the bat variant of rabies, the first case of human rabies in the state in 75 years. We still receive many calls inquiring about how to deal with nuisance wildlife in and around people’s homes. We are always willing to spend time with the public and coach them through conflicts with nuisance wildlife, however our role with nuisance wildlife that aren’t sick or injured or posing an imminent public safety threat is limited to providing information on how to deal with the situation. The public as always is welcome to stop by our office and pick up literature on how to coexist with our native wildlife, or if you are unable to, we are more than happy to answer your questions over the phone. The Division continues to urge the public not to feed wildlife. If the wildlife do not associate people or their yards with a food source it will lead to a much better coexistence. People who encounter coyotes, foxes or turkeys in their yards should use mild harassment techniques to discourage them from being there. Such techniques may include making loud noises, squirting a hose at them, or throwing a tennis ball at them. If the animals do not respond to this type of harassment, call our office so an officer can come and assess the animal. WILDLIFE HABITAT MANAGEMENT We would once again like to extend a big thanks to The Cape Cod Salties for their volunteer efforts in cleaning debris and clearing obstructions from the Long Pond Herring Run this year. Their efforts have been very noticeable, as well as their great work ethic and strong commitment to our ecosystem. We had one of the strongest runs of spawning adult herring, this past spring that we’ve had in the last couple of decades. Unfortunately, despite our best efforts we feel that a large percentage of the juvenile herring that were spawned have thus far not been able to migrate from the pond out to sea due to extreme drought conditions during late summer and fall. Even though we had a significant amount of rainfall events over the summer, surface levels in our ponds never really recovered from the deficit we had coming into the spring as we had such a dry and mild winter with February being one of the driest Februarys on record in Massachusetts. We are hopeful that we will have higher water levels in the spring allowing the young of the year herring to migrate as they typically would as part of their life cycle. We will be monitoring this with the Massachusetts Division of Marine Fisheries. Hopefully the continued commitment to this resource as seen through state and local efforts will help river herring flourish, as they have historically played such a vital role in our ecosystem as well as our economy. We continue to have an abundance of juvenile osprey fledged from our nesting platforms throughout town each year. On any given day during the summer, one might see upwards of ten or so Osprey flying in 120 the same proximity over Lewis Bay, Nantucket Sound, Cape Cod Bay or Chase Garden Creek. Residents and visitors alike are intrigued by these birds. The Division, under a special permit and in cooperation with USDA Wildlife Services, successfully relocated a nest with two juvenile ospreys that was causing damage to the roof of a home as well as posing a potential fire and carbon monoxide hazard inside of the home. The mother and father returned to the nest at the new site within minutes of the relocation and the juveniles were fledged by the end of the summer. If you feel that you have a conflict at your home with nesting osprey, please call us as soon as possible, as often times, if we know about it early enough we have more options in dealing with the potential conflict. LAND MANAGEMENT / WILDFIRE PREPAREDNESS In partnership with the Yarmouth Fire Department we received an additional $4,600 in 2012 through Barnstable County Cooperative Extension’s grant program to continue implementing the town’s Wildfire Preparedness and Management Plan, thus reducing the risk associated with the possibility of wildfires in our woodlands. Due to unfavorable conditions in our designated burn units we did not conduct a prescribed burn this year, however by means of mechanical removal were able to retreat a 100 foot wide buffer strip in an area within the management plan that abuts residential neighborhoods. A compact tracked loader with a brush cutter attachment was used to mow over eight (8) acres of brush, reducing surface fuel and mitigating wildfire hazards for 135 homes. We hope to secure funding to conduct another prescribed burn in the spring of 2013. A prescribed burn is the controlled application of fire to the land to accomplish specific conservation and land management goals, as well as address dangerous fuel loads thus reducing threat from out of control woodland fires. Yarmouth’s pitch pine, oak forest woodlands contain many species of plants and animals which benefit from prescribed burns. Periodic disturbance, to which many of these species are adapted, prevents tall shrubs and trees from encroaching upon and out-competing these species. Prescribed fire is a natural, effective means of managing these habitats, and has been used successfully in Massachusetts since the 1980’s. In addition to the Wildfire Preparedness Program, this fall, our staff along with volunteers from AmeriCorps has performed maintenance on many of the walking trails that dissect many of our conservation areas, providing access to those that wish to utilize these beautiful areas. We would like to thank Americorps for their assistance in opening up these trails. LAW ENFORCEMENT PATROLS The Division continues to conduct patrols, checking sportsmen engaged in hunting for small game, deer, turkey, coyote, and waterfowl as well as engaged in freshwater fishing in our local ponds. These checks consist of the inspection of hunting, fishing or sporting licenses, stamps, bag limits, and tags. Officers also ensure that the hunters they are checking possess a legal firearm and that the individual holds the proper firearm license for said firearm and the proper ammunition for the season. Shotgun season for deer starts the Monday after Thanksgiving and goes for two weeks, and then the increasingly popular muzzleloader season for deer continues through December 31st. We continue to check sportsman engaged in waterfowl hunting on a regular basis and have seen increased activity of people engaged in coyote hunting during the fall and winter as well. The Division has a strong presence patrolling the area during these seasons to ensure that people engaged in hunting are doing so in legal areas. Town owned parcels are designated open or closed to hunting based on recommendations that were made by a Public Lands Safety Committee that was formed several years ago to review town owned parcels. The Division also enforces all applicable state laws regarding hunting safety zones concerning public 121 or private property. We have responded to many calls this year for dirt bike use often resulting in destruction of property in many of our conservation areas and other town properties. We also received many calls for illegal dumping in these areas again this year. In addition, the Division saw a notable increase in calls pertaining to homeless encampments and illegal camping activity in our wooded areas. We have worked closely with the Yarmouth Police Department in addressing these issues. We also worked closely with the Conservation Administrator and Conservation Commission in investigating conservation area and wetland violations this year. We’ve continued to use photographic surveillance technology to curtail these and other criminal activities in our areas. SHELLFISH SECTION Water quality monitoring continues to be a top priority of the Shellfish Section and Commonwealth of Massachusetts Division of Marine Fisheries (D.M.F.). Many areas in the town continue to be classified as seasonally approved for the harvest of shellfish by the D.M.F. The water quality standard for shellfishing is based on the presence of fecal coliform bacteria. Fecal coliform bacteria are abundant in the feces of warm-blooded animals including humans as well as birds. These standards are very similar to those used to evaluate bathing beaches for swimming but more stringent. Through many years of conducting marine water quality sampling of the Town of Yarmouth waterways we have managed to revert a total of 81.5 out of 129.51 acres of once “Prohibited” shellfishing waters that were closed to the harvesting of shellfish for both Commercial and Recreational shellfishermen to “Conditionally Approved”. This will allow for the area to be fished during certain times of the year. This action is rarely considered by the Division of Marine Fisheries and requires years of supporting water quality data and the commitment of the town to address pollution sources impacting our water. We have finally fulfilled the Division of Marine Fisheries’ requirement of water quality monitoring to reclassify 38.18 acres on the north side at Hallets Mill Pond; this area has been closed for the last 30 years due to poor water quality. This may not sound significant but every acre contains or could potentially contain viable shellfish populations providing for increased shellfish propagation opportunities that can enhance the shellfishery, benefiting our economy and as a coastal community, our quality of life. Additional areas continue to be monitored and improvement projects completed, continuing our efforts to revert other areas currently classified as “Prohibited” to “Conditionally Approved”. We are slowly seeing improvements to our marine water quality associated with bacteria levels and are grateful to the other town departments as well as the state and federal agencies that are assisting in our efforts. In cooperation with the Department of Public Works, point discharge sites continue to be prioritized and engineered to reduce the amount of discharge being drained directly into our embayment’s and estuaries. Most of Yarmouth’s shellfish beds are at least seasonally approved for the harvest of shellfish, with the exception of the upper reaches of our estuaries and the north side, Lone Tree Creek and Bass Creek in Yarmouth Port. These areas are currently being worked on. In 2012, the Division continued sampling for the Massachusetts Department of Environmental Protection (MDEP), Massachusetts Estuaries Project (MEP) water quality monitoring program. The data collected over the past 10 years has been reviewed and has resulted in recommendations as to what levels should be and how to reduce nitrogen levels in our estuaries to meet the goals. Overabundance of nutrients significantly impacts our marine environment, in 122 particular nitrogen, which acts as an aquatic plant fertilizer. As abundant amounts of nitrogen are released into the environment, changes to groundwater quality and surface water quality occur. The nitrogen feeds invasive weed and causes algae blooms that adversely impact water quality ultimately causing fish/shellfish kills and loss of productive shellfish habitat. As these conditions persist, attempts to restore habitat, including eel grass beds and shellfish populations are inhibited. This abundant algae and weed growth makes our waters turbid (not clear) and washes up along our beaches and marsh shore lines, impacting those habitats and impacting the coast line esthetics. The proposed Town of Yarmouth, Integrated Wastewater Management Plan (IWMP) outlined important steps in addressing the water quality issues we are facing. Implementation of the IWMP coupled with continued maintenance dredging and the removal of the tidal flow restriction at the railroad bridge on Bass River and the Route 28 bridge on Parkers River will improve the water quality and aid us in restoring lost shellfish habitat, increase shellfish populations and ultimately improve the quality of life as it relates to our coastal environment which impacts residents, visitors and our economy as a whole. The summer of 2012 was average in temperature and above average in summer rain fall. The existing tidal flow restriction at the railroad bridge on Bass River and the Route 28 Bridge on Parkers River prevented cooler water from Nantucket Sound from entering these areas, allowing the water temperature to rise to 80 degrees or above. This coupled with the decrease in dissolved oxygen levels caused by algae blooms (excess nitrogen) continue to adversely impact our coastal ecosystems, resulting in shellfish mortality. The Division continues to be involved with the P.A.L.S. Program (Pond and Lake Sampling) for the 12th year, where we sample 6 fresh water ponds through out Yarmouth from which data gets compiled with all of the information from other towns on the cape. The information goes to the County Commission Office where their Water Quality Biologists put together all of the information which produces a snapshot look at the status of most of the fresh water ponds on the Cape. Recreational (Family) shellfishing was open at Grays Beach, Lewis Bay, Mill Creek, Pine Island Cove, Sweetheart Creek, and Lewis Pond with 1002 bushels of quahogs and 2 bushels of soft- shelled clams being harvested. 7 bushels of bay scallops were harvested from Lewis Bay. Wilbur Park on Bass River was closed this year due to the renovations done to the entire park as well as the boat ramp. Wilbur Park located on Bass River is scheduled to open for the Recreational fishery in the spring of 2013. The Commercial shellfishing area of Follins Pond, SC-35 (Rte. 6 to Follins Pond) was open for the harvest of quahogs and soft-shelled clams for a total of 76 fishing days from May 15th through November 30th under the conditionally approved status based on rainfall. The average number of Commercial shellfishing days over the last five years is 83 days. Commercial quahogs were open in Bass River, Lewis Bay including Uncle Robert’s Cove and Smith’s Point, as well as Mill Creek and Hallets Mill Pond on the North Side with 900 bushels harvested. Commercial harvest of soft-shell clams was open in Follins Pond, Bass River, Uncle Roberts Cove/ Lewis Bay and Swan Pond/ Parkers River with 600 bushels harvested. Bay Scallops were open in Bass River, Lewis Bay and Nantucket Sound with 110 bushels having been harvested. Bass River, Lewis Bay and Nantucket Sound remain open from October 8, 2012 to March 31, 2013 for the harvest of bay scallops. 123 This was the 12th season working with the Barnstable County Seed Shellfish Program. The Division of Natural Resources received 500,000 2 mm seed quahogs in June of 2012. With a fairly normal but rainy summer weather pattern, the production at the aquaculture farm was on track. The growing season was slightly shortened due to Hurricane/Tropical Storm Sandy. As the storm advanced up the east coast the decision was made to pull the plug on both upweller facilities and all the shellfish was bottom planted. We broadcasted roughly 350,000 seed quahogs grown at the town’s upweller facilities into our recreational shellfishing areas in Lewis Bay, Lewis Pond, Gray’s Beach and Bass River at around 16-20 mm in size. The Commercial fishery received around 150,000 16-20 mm seed grown at the town’s facility that was broadcasted in to commercial areas in Lewis Bay. The Commercial fishermen requested much larger seed around 25 - 30 mm and a small amount (around 25,000 animals) was purchased from Aquaculture Research Corp., and planted into Uncle Roberts Cove in Lewis Bay and Follins Pond on Bass River for the Commercial fishery during the fall of 2012. This Commercial planting was made possible with moneys from the commercial off-set account funded by Commercial license fees. The algae produced in Parker’s River and Lewis Bay was abundant and the seed quahogs grew well, resulting in great production in both upweller facilities. The abundant algae coupled with no mechanical problems at the facilities, resulted in a good growing season. The Division of Natural Resources Shellfish Section conducted its annual contaminated quahog relay in the spring of 2012. A total of 1,200-80 lb. bags (96,000 lbs.) of quahogs ranging from seed to a four-inch maximum size were planted by division staff. All of the shellfish were planted in the summer Recreational fishing area in Lewis Pond. This area is scheduled to be opened in the summer of 2013. The four (4) private shellfish leases continued to operate and produce shellfish that are sold to local markets and restaurants. These private leases generated $656.25 in lease revenue to the Town of Yarmouth. As the shellfish on the leases spawn, much of the seed shellfish settle out in areas outside of their designated leases benefiting Yarmouth’s wild shellfishery. Recreational and Commercial shellfishing licenses issued have been relatively consistent over the past 5 years. Recreational resident and non-resident licenses issued were 937 and 23 respectfully as compared to the five year average of 945 and 20 respectfully generating $36,125.00 in revenue. In 2012, 19 Commercial licenses were sold which is below the five year average of 22. We are starting the process of organizing a volunteer work force to help with maintaining the shellfish seed at the upweller facilities and with field planting in the fall. We hope this process will be in place by the start of the growing season in June of this year. We have a small list of volunteers already signed up and plan to expand the list for the upcoming season. ANIMAL CONTROL SECTION Perhaps the most significant event of 2012 was the passing of the new Animal Control Law. The new Massachusetts Law, An Act Further Regulating Animal Control, went into effect on October 31st of 2012. This will help Yarmouth Animal Control better serve the community of Yarmouth. In brief summary, the new law creates a statewide spay and neuter program, designed to reduce the number of homeless animals in Massachusetts while at the same time reducing costs to cities and towns. The new law also improves the dangerous dog law, focusing on the 124 behavior of misbehaving dogs instead of the behavior of specific breeds. The law also helps protect animals in domestic violence situations, in that they can be included in domestic violence protection orders, assisting both victims of domestic violence and their pets. Since the law has been enacted, law enforcement officials and animal care advocates have reached out to Yarmouth Animal Control, offering support and assistance in the domestic violence provision. The full text of the new law can be viewed online at http://www.malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter193 In 2012, the number of animals surrendered by owners, brought to shelters, and left unclaimed after being found unrestrained has remained higher than in the past. This is likely due to continuing difficult economic times. Pet owners who find themselves financially unable to care for their animals are urged to contact Animal Control to discuss solutions. We work closely with a number of area shelters and agencies who can help; like the MSPCA, Animal Rescue League of Boston, and New England Society for Abandoned Animals, as well as breed rescue networks operating in the region and across the country. There is no reason that any animal should be left to fend for itself with the excellent services that are available. Yarmouth Animal Control takes pride in being able to go above and beyond our traditional duties. Occasionally, we are called upon to handle an unusual situation that might need a creative solution. This year, we played a key role in helping an abandoned Shiba Inu, which was reported to Animal Control as a sick fox. We held and treated the dog, and with the help of several breed rescue groups were able to transport him to another state where he was eventually adopted to a loving home with owners with specific knowledge of this unique breed of dog. Another unusual instance involved a Chihuahua lost by a family vacationing in Yarmouth. After many days missing their pet, the family had given up hope that the dog would be found, and began returning home to Georgia. Animal Control picked up the little dog ten days after it was reported missing, contacted the owner, and was able to provide a safe and loving environment for the Chihuahua until the owners could make arrangements to return to the area to be reunited with their beloved pet. And also this year, Yarmouth Animal Control helped to house a dog whose owners found themselves suddenly homeless. We were able to facilitate extended care for the dog while the owners searched for housing. Once safe housing was secured, the dog was reunited with its caring owners. Technology continues to expand and play a larger role in every aspect of our society. New technology, including social media, has both assisted and impeded us in helping reunite missing pets with their owners. We would like the general public to understand that they can continue to do their part in helping owners find their loved pets, but should also always contact Animal Control so that we can work together. Animal Control Officers are equipped with training and information that is extremely helpful in locating missing pets. Yarmouth Animal Control would like to issue a caution to those who may be considering adopting pets through online pet adoption services. We’ve heard a few specific stories of people ending up with problematic pets. Adopting a pet sight unseen can often leave the new owners in a difficult situation. Remember there are many cats and dogs on Cape Cod that need loving homes. Yarmouth Animal Control works with our local shelters that take in local animals needing homes as well as animals from other parts of the country. The local shelters provide the necessary temperament testing and behavioral evaluations, as well as provide medical care. We’ve also worked with people and agencies with knowledge of specific breeds that can help 125 rehabilitate and retrain dogs before placing them with new owners familiar with the traits of the breed. For all dog owners: Dog licenses are required by law and are helpful in the event your pet is lost or injured. All dogs aged four months or older must be licensed in the Town of Yarmouth. Dog licenses can be obtained at Town Hall, and may also be obtained through the mail. Owners must present a current rabies certificate to purchase a dog license. Please call the Town Clerk’s office or visit the Town’s website for further information. 72 cats and 94 dogs received rabies vaccinations during the annual Rabies Clinic. The yearly event is organized by the Veterinary Associates of Cape Cod, with help from Yarmouth Animal Control. The annual clinic is an efficient and economical way to ensure your pet is properly vaccinated against this deadly disease. Pet owners are reminded that Massachusetts State Law requires a rabies vaccine for all dogs, cats and ferrets. Rabies is a fatal disease that cannot be treated in animals. Donations of food, bedding and other supplies are used to assist pet owners who have fallen on hard times and to help care for homeless animals while we attempt to locate an owner or place them in a new and caring home. Yarmouth Animal Control continues to accept pet food donations at Stop & Shop on Station Avenue, South Yarmouth. Donations can also be brought directly to Animal Control during normal business hours. Our office is located on Forest Road in the sanitation compound. The 2012 Blessing of the Animals was held on September 15th. We thank Reverend Ellen C. Chahey and Reverend Chuck Soule, for again giving blessings to many of our loved and cherished animal friends, and especially for coming out in the rain! We also thank the many pet owners who braved the less than ideal weather conditions with their pets. This year’s blessing was dedicated to the Friends of Yarmouth Dog Park, working to create a dog park. We are working with citizens and other town departments toward the goal of developing a dog park that is safe and acceptable for all Yarmouth residents. A location at Sandy Pond Recreational Area on Buck Island Road has been chosen for the park. Contact Yarmouth Animal Control for further information about the citizen-driven dog park project. HARBORMASTER/WATERWAYS SECTION Boating activity remained on the increase this year on Bass River, Parker’s River, Lewis Bay and Nantucket Sound. Local sailing programs continue to grow in our area as well as other water based activities such as kayaking, canoeing, windsurfing, and kite boarding. The latest popular water activity that we noticed in our waterways this year was paddle boarding, in which one stands up on and uses a paddle to maneuver a board similar to a surf board. We expect to see regulations created in the near future pertaining specifically to paddleboards. Relative to increased boating activity, investigations of negligent operation of boats increased as well in 2012. Incidents involving personal watercraft increased slightly in 2012. This may be in part due to the increased activity because of its popularity as a relatively inexpensive water activity. A total of 79 calls were received for emergency assistance, an increase of 17% over 2011 126 The Harbormaster section remains diligent in performing random safety inspections, on the water and at the boat ramps. Safety inspections were done with the cooperation of the boat owner on 106 vessels. This provides an opportunity for the Harbor Patrol Officers and the boating public to interact. During the safety inspection an overall safety equipment check is conducted. This interaction also allows an opportunity for the boaters who are enjoying the Yarmouth waterways to ask questions and obtain additional local knowledge of the area. In Massachusetts, any child under the age of 12, must wear a personal floatation device while onboard any vessel that is underway. Efforts to improve water quality were continued throughout the Town of Yarmouth with the utilization of a pump out boat and the land based pump out station located at Packet Landing in Bass River. Approximately 910 gallons of boat septic waste was removed from vessels, free of cost to the boating community, slightly higher than the 2011 totals. We continue to see a significant increase in waste removed due to the availability of the pump out boat and the convenience of the land based pump out facility at Packets Landing. Water quality tests have proven the effectiveness of the pump out program as marine waste along Yarmouth’s shoreline has continued to diminish. Final approval for the Nantucket Sound “No Discharge Zone” occurred in July 2012. Significant work was conducted in the effort to establish the Nantucket Sound and estuaries “No Discharge Zone”. This will prohibit marine septic waste from being discharged in all local and state water in Nantucket Sound. Kayaking and canoeing remain amongst some of the most popular of our water based activities. We would like to remind citizens who engage in the sports of kayaking or canoeing, state law requires any person aboard a canoe or kayak between September 15th to May 15th, to wear at all times a Coast Guard approved personal flotation device of Type I, II, or III (323 Code of Massachusetts Regulations 2.07:10). For safety, we encourage all persons aboard a canoe or kayak to wear a personal floatation device and carry a compass and whistle year round as the weather can be unpredictable and it is easy to get turned around in the fog. We also encourage boaters to attend a boating safety class. The United States Coast Guard Auxiliary, the Massachusetts Environmental Police and a number of other organizations offer these classes. Even if you are a seasoned boater these classes are a good way to refresh your knowledge. In the fall of 2011, the Division of Natural Resources was notified by FEMA and Port Security that the Harbormaster Section was awarded a grant in the amount of $340,489.00 with no cost share from the Town of Yarmouth to replace the division’s large patrol/emergency response vessel with a fully outfitted 29 foot Safe Boat. Safe Boats are the preferred (small) vessels used by the US Coast Guard, Massachusetts Environmental and State Police, and a number of local public safety agencies for its maneuverability, sea worthiness and durability. The 2011 Port Security Grant round emphasized early hazard detection capability. In addition to the patrol vessel a portable CBRN (Chemical, Biological, Radioactive, and Nuclear) hazard detection unit was included as a component of the grant. This unit is a backpack type unit allowing for optimal portability. The CBRN unit will be available to the Police and Fire Departments to insure officer and the public’s safety. In August 2012, the Town took delivery of the Safe Boat, which was immediately placed in service. 127 This vessel will improve our capability in providing public safety and search and rescue services in the waters of Yarmouth, more specifically Lewis Bay and Nantucket Sound off Point Gammon where there is an abundance of commercial traffic including passenger and cargo ferries. This vessel with trained personnel will allow for a rapid response to address maritime incidents and provide rescue services with Advanced Life Support (ALS) and dive operations. The vessel will provide improved response capabilities to the Town of Yarmouth (and Barnstable) SWAT, the Town of Yarmouth Fire Department and the Cape and Island Dive Teams to continue to train for and respond to any and all water born incidents. In addition, it will complement the Massachusetts District 1 Haz-Mat Team response apparatus stationed out of the Yarmouth Fire Department with the CBRN capability. We continue to move forward at a steady and fiscally restrained pace with the development of the Parkers River Marine Park. As proposed, the highlights to the marine park are a marina basin, a boat barn (dry rack storage), a public boat ramp, a marine science education center (to include the town’s shellfish aquaculture upweller facility), an operations facility, harbormaster patrol boat station, a marine waste disposal pump out, and a fueling facility. The proposed marina wet basin will be created by excavating an upland area and connecting it to the Parker’s River. In addition to the marina activities, the project will include public amenities including a scenic nature trail with overlooks, parking areas for vehicles and boat trailers, a community park for passive recreation and a tot lot with play structures. This is a lengthy process. Working with our legislators we have obtained some relief from permitting constraints and standards. An application has been submitted to the Community Preservation Committee for funding to move forward with permitting. In addition the town is issuing a Request for Information (RFI) from marina developers and operators to seek input of the projects viability in this fiscally challenging market. This analysis will be completed in 2013. We appreciate your continued support of this project. As a result of Tropical Storm Sandy there was moderate loss of sand on many of our south side beaches. Seeing video and photographs from the New Jersey and New York coast line is a chilling reminder as to how devastating a hurricane can be. This storm could have been much worse if it had hit earlier in the boating season and boat owners did not take the threat seriously and left their boats in the water. Next to the storm, complacency is the next biggest threat to the loss of life and property. Dredging has been conducted at the mouth of Parkers River and Bass River with the dredge spoils being used to nourish Sea Gull Beach, Thatcher Beach, Seaview Beach and Bass River Beach. Nearly 14,000 cubic yards of sand was spread over these beaches. The Wilbur Park redevelopment project started in 2006 in cooperation with the Office of Fishing and Boating Access has been completed. Funding was finally secured for the construction in 2011. The boat ramp, boarding pier and floats, and parking area were in poor condition. Holes had started to develop in the surface of the ramp and the edges and end were broken due to undermining by the river’s currents and would need to be replaced completely. The pier and floats associated with the boat ramp showed signs of age and would not meet the needs if a new boat ramp was constructed. The existing gravel parking area did not properly drain and as a result a portion of the parking lot was often under water. 128 The redevelopment project included construction of a new boat ramp and boarding system, handicapped accessible fishing pier, installation of a stormwater treatment and infiltration system, and paving of the parking area including the access road. Re-vegetation and landscaping was conducted to stabilize the area and replace mature trees (with 3” diameter trees as authorized by Town of Yarmouth Conservation Administrator) that needed to be removed for the work to be conducted. The project improved the opportunity for the public to use and enjoy the resources of Bass River and to provide safe, permanent access for anglers and boaters. The total cost of this project was nearly $650,000.00 with no cost share to the Town of Yarmouth. As a component of this redevelopment the Office for Fishing and Boating Access will provide funding for future maintenance of the boat ramp, fishing pier, parking area and access road. Routine maintenance will be performed by the Town of Yarmouth as per the project agreement. The facility will be managed under the same standards that are currently used for the Bass River Fishing Pier and at Bass River Beach Boat Ramp. ADDITIONAL NOTE: We are pleased to announce that we will be moving in to our newly renovated office at 424 Route 28 at the site of the old Yarmouth Police Station. The building is currently occupied by the Yarmouth Recreation Department and the Yarmouth Area Chamber of Commerce on the first floor of the front building. Renovations to the rear building that has been unoccupied for nearly 10 years are nearly complete. The offices will be located on the second floor with work space on the first floor. The public can access our offices by the side entrance, taking the stairs or elevator to the second floor. We anticipate moving into the new office in late January of 2013. We look forward to seeing you there. Thank you for your continued support. Respectfully submitted, Karl W. vonHone Natural Resource Director DIVISION OF SENIOR SERVICES The Division of Senior Services offers a wide variety of programs and activities at the Senior Center to provide older adults the opportunity to learn new skills, stay physically active and intellectually challenged. The Center serves as a community resource that is visited monthly by 2500 people to participate in activities or seeking information. The monthly calendar is filled with a wide variety of wellness and creative programs for seniors whose abilities range from frail to very active including: chair exercise to Zumba Gold, Tia Chi and Yoga. We also offer many less strenuous activities for those looking to spend some time with friends playing cribbage, dominoes, chess, gin rummy, poker, contract and duplicate bridge, Scrabble, mahjongg, and bingo which are scheduled throughout the week. For those seeking a creative or artistic experience we offer weekly painting classes, wood carving, Swedish weaving, quilting, knitting, and a choral group that has taken their show on the road to local venues. 129 Wellness programs include: a weekly blood pressure clinic, bi-weekly pedicure clinics, and the annual Health Fair co-sponsored by Yarmouth’s Board of Health. This event offers cholesterol, glucose, hearing, colorectal, memory and skin cancer and bone density screenings along with healthy food demo’s and the opportunity to meet a variety of local service providers. The following support groups meet at the Senior Center: AA, Laryngectomy, Caregiver Support, Changes and Losses for bereavement support. The BIG news from the Division is the Town’s acquisition of a 12 passenger van to transport older adults on errands and to appointments. The $52,000 van is leased to the Town or $1.00 by the Cape Cod Regional Transit Authority. At the 2012 Town Meeting the Town appropriated money for operating expenses. Service began on December 12, 2012 with experienced drivers, Bob Burniewicz and Ken Watson, dividing the time behind the wheel. This has been a service we have only been able to provide on a very limited basis with volunteers and look forward to a busy year ahead getting riders where they need to go in a timely manner. I would like to thank the members of Yarmouth’s Moose Family Lodge, #2270 who unfailingly since 2004 provided over 1000 rides to medical appointments for our clients. They provided a much needed and wonderful service to our clients that will forever be appreciated by everyone who was involved with the program. During 2012 27,093 Meals on Wheels were delivered to homebound seniors and 3,353 lunches were served at the Center. The Nutrition Program is a vital component of our services provided to the community. For many who either receive or attend the meal program the socialization that occurs when the meals are delivered to the homebound or served at the luncheon is just as important to the diner’s well-being as the nutritional content of the meal. Diners are asked to make a $2.00 donation for the meal but none a turned away for inability to pay. The S.H.I.N.E (Serving Health Information Needs of Elders) Program provides assistance to older adults on issues regarding health insurance or prescription drugs coverage. The Division hosts the regional program for the Cape and the Islands with a grant from the state. Cape-wide during 2012 11,550 residents received services. Of that number 4000 were Yarmouth residents who were seen by Regional Director, Sonja Brewer and her staff ; Lucille Beagan, Ann Burchill and Maureen Hickey. Volunteers who provided counseling include: Guy Boulay, Helen Cordner, Dottie McKinnon, Debbie Nelson, and Joe Russo. Administrative support was provided by Peg Pessa and Jane Carroll. Ms. Brewer hosts monthly training sessions at the Center that enable the 40 Cape-wide volunteers to remain current in the ever changing field of health insurance. The staff and volunteers in this program are extremely dedicated and committed to providing their clients with the most accurate information with which they can make informed decisions. Our Outreach Coordinator, Hilda Davenport has met with 250 clients during the year who are seeking information and services for a wide range of requests ,i.e., assistance with housing, financial issues, personal problems, and family relationships. In the event she can’t solve the problem she refers clients to agencies with additional resources. She along with volunteers Susan Holmes and Barbara Laband processed 130 applications for fuel assistance which is a lengthy process that requires attention to detail and documentation of assets and expenses. Hilda also facilitates a monthly Caregiver Support Group with respite provided by volunteers Maureen 130 Boland, Maureen Clark, and Janet Stout. Hilda is responsible for the monthly distribution of 160 bags of food through the Greater Boston Food Pantry’s “Brown Bag Program”. She has a faithful cadre of volunteers from the Center and members of the Rotary who assist her with this program. Federal and state income tax returns for 384 taxpayers were prepared between February 1 – April 15th by 6 volunteers: Elaine Bass, Tom Dean, Hugh Hilliard, Marty Lieber, Pamela Phipps and Joe Whitaker who worked tirelessly to get them all done. This service sponsored by AARP is offered to low and moderate income tax payers of any age. Regional training for all the Cape volunteers is held at the Center during January. During 2012 41 people were able to participate in the Tax Work-Off Program sponsored by the Town to help people 60 + who are living in their primary residences reduce their real estate taxes by $500.00 by working in a Town Department for 63 hours. Participants were placed in the following departments: Assessor, Clerk, Treasurer, IT, Building, Highway, Fire, and the Senior Center. I would like to thank our Town Assessor, Matt Zurowick, his staff, and the Board of Assessors for their support of this program. The Division is very grateful to have the support of the Friends of the Yarmouth Council on Aging. During 2012 the group donated $46,589 dollars to the Senior Center to augment the municipal budget. The funds were used to add additional hours to grant funded staff positions, purchased a new partition for the Ballroom, a digital piano, Holiday gifts for needy seniors, office supplies, postage, entertainment, newspaper subscriptions, floor maintenance, an intergenerational reading program at McArthur School, annual alarm monitoring and window treatments for the ballroom. We appreciate the many monetary donations from the community through the membership drive, support of the Polar Plunge as well as a matching gift drive to raise money for the Ballroom partition all of which allowed FOYCOA to so generously support the Senior Center during 2012. We are very grateful for the support we receive from the both Yarmouth Police and Fire Departments. Chief of Police, Frank Frederickson and Deputy Chief, Steven Xiarhos don their bathing suits and lead the screaming crowd of Polar Plungers into the chilly waters of Nantucket Sound on New Year’s Day. Their participation for the last 3 years has contributed to the great success of this fundraiser. Members of both Departments attend the Plunge as professionals to ensure everyone’s safety and as private citizens to “Take the Plunge”. Lt. Patrick Carty once again organized the “Santa for Seniors” gift program in December during which bags of gifts are delivered to each and every one of the 87 people who receive Meals on Wheels. Members of Local 2122, International Association of Firefighters under the steady hand of Chef, Firefighter/Paramedic Chris Read have prepared and served meals that range from Beef Wellington - BBQ to celebrate holidays for up to 150 people at the Center. The dinners are always eagerly anticipated and fun events for everyone involved. Thanks to:  Home Instead provider of senior services for purchasing holiday gifts for needy seniors  Stop and Shop and Shaw’s each of whom donated baked goods which were picked up and delivered to the Center for distribution by volunteers Marcel LaRue, Tom Campbell, Rick Svarczkopf and Charles Kelliher 131 Volunteers are the lifeblood of the Senior Center without them our services and programs would be curtailed. Each day finds volunteers at the Center working in the Nutrition Program, the computer lab, teaching classes, doing blood pressures, helping out at functions, providing legal advice, answering phones, taking people to medical appointments, and serving on the Board. A most heartfelt thanks to everyone who gives their time and talent to the Senior Center – we couldn’t do it without you! I would like to extend my appreciation to all the Town employees that have responded to our needs over the past year. You are an extraordinary group of people who have the best interests of those we serve at heart I appreciate your unfailing willingness to always help out especially when “It’s in a pinch”! The staff at the Senior Center does their absolute best to ensure the needs of the people seeking our services are met. Cathy Flanagan, Hilda Davenport, Lisa Noferi-Hoff, Karen LeBlanc, Jane Spallina, Jane Carroll, John Rocha, van drivers Ken Watson and Bob Burniewicz do their utmost to keep everything running smoothly. I appreciate their dedication, assistance, knowledge and willingness to go above and beyond in every instance. Respectfully submitted, Karen Marciante Director of Senior Services GOLF DIVISION The Division continues improvements to the facilities and operations, including:  Continued the successful administration of the lottery tee time reservations system providing over 50,000 golf rounds to Yarmouth Residents.  Maintained the Non Resident Annual Fee Component of our Revenue at over $69,000.  Continued our efforts to promote golf among the youth of Yarmouth by providing free instruction through golf clinics and summer golf camps, as well as hosting high school golf team activities and numerous junior tournaments at both courses.  Successful operated the Golf Shops and the Bayberry Driving Range operation and the Bass River Restaurant generating $416,000 in revenue at the two courses, enhancing customer service to the patrons and continuing to efficiently utilize current golf shop employees; while still holding the overall golf operation wages to a figure at the 2003 level of expenditure.  Developed an “under 30” annual fee component in order to revitalize the annual pass holder component of the courses’ patrons.  Completed structural upgrade program at Bass River extending the useful life of the building significantly.  Continued our upgrades to the level of maintenance and service at the courses with improvements in methods and equipment; eliciting awards as well as compliments from residents and guests alike.  Collected a total of $3,114,327 in revenue, $96,912 over outlays for the year, bring the Golf Enterprise undesignated fund balance to over $325,000. 132  Continued to provide top tier golf instruction with former PGA Tour Player Jim Hallett, NEPGA Teacher of the Year Sue Kaffenburgh, Cape Cod PGA Chapter Junior Golf Leader Bob Quirk, as well as PGA Professionals Ron Hewins and Fred Ghioto on our instructional staff. Provided equipment fitting, ball fitting, and demo days for course patrons.  Hosted activities for the Spring Yarmouth Golf Festival The Division provides over 90,000 rounds of golf annually while maintaining overall financial self-sufficiency to fund improvements to our facilities enabling us to have exceptional courses for the enjoyment Town of Yarmouth residents and Cape visitors as well. The Town of Yarmouth Courses generated revenues in excess of $3.14 million in fiscal 2012, down from $3.2 million in fiscal 2011. In FY 2012 Total Golf Revenue was $41,845 lower than in the fiscal 2010. The drop of $29,600 in resident annual fees was a significant contributor. The gap between receipts and expenditures was positive, with revenues exceeding expenditures by $96,912 for the 2012 Fiscal Year. The new “Under 30” Pass has helped to stabilize Annual Fee receipts, and will hopefully result in long term benefits as well. We are continuing to contend with the problems facing the entire golf industry as well as with the lagging economy, but we believe that our long term outlook is positive. The Golf Enterprise will continue to balance expenditures with revenues. AVAILABLE ANNUAL GOLF PASS OPTIONS IN 2012: Resident Annual Pass $750.00 Allows unlimited play at no additional charge Senior Ten Play Card $66.00 Allows 5 to 10 plays depending on time of use for those age 75 or older. Maximum of 2. Resident Ten Play Card $175.00 Allows 5-10 plays depending on time of use, for residents under 75 Years of age. Maximum of one. Junior Annual Pass $125.00 Through 18 years of age and is restricted as to time of play. Non Resident Annual Pass $1050.00 Allows unlimited play at no additional charge Non Resident Junior Annual Pass $150.00 Through 18 years of age and is restricted as to time of play. In October of 2012 at the recommendation of the Golf Enterprise Committee, the Selectmen adopted the following fee schedule for 2013: Resident Discount Card $ 15.00 Allows Play at a reduced Fee after 12:00 Noon Resident Annual Pass $775.00 Allows unlimited play at no additional charge Senior Ten Play $69.00 Allows 10 rounds-9 holes each, for those age 75 or older. Two per season. Resident Ten Play $175.00 Allows 10 rounds -9 holes each, for those under age 75. One per season. Resident Junior Annual Pass $125.00 Through 18 years of age and is restricted as to time of play. Non Resident Annual Pass $1075.00 Allows unlimited play at no extra charge Non Resident Junior Annual Pass $125.00 Through 18 years of age and is restricted as to time of play. Resident/Non Resident “Under 30” $445.00 Must not have reached age 30 at time of purchase 133 FY2012 REVENUE-EXPENDITURE ANALYSIS: Regular Green Fees: 2010 $1,497,911 2011 $1,433,299 2012 $1,387,830 Golf Car Fees: 2010 $673,009 2011 $627,969 2012 $677,830 Pull Cart Fees: 2010 $5,971 2011 $4,631 2012 $4,473 Resident Annual 2010 $741,635 2011 $704,263 2012 $699,610 Non Resident Annual 2010 $77,490 2011 $84,000 2012 $69,375 Golf Shop (Includes HDCP Fees)2010 2011 2012 $178,197 $170,231 $194,985 Restaurant 2010 2011 2012 $0 $106,538 $147,284 Range 2010 $76,439 2011 $73,867 2012 $74,378 Miscellaneous 2010 $8,663 2011 $21,588 2012 -$67,236 Concessions 2010 $14,120 2011 $11,218 2012 $20,567 Interest 2010 $3,266 2011 $3,019 2012 $1,942 Total Revenue A.2010 $3,282,468 2011 $3,240,623 2012 $3,211,038 Wages and Salaries 2010 $1,255,365 2011 $1,250,773 2012 $1,173,007 Expenses 2010 $1,307,944 2011 $1,267,543 2012 $1,178,204 Sub Total Operating Expense 2010 $2,563,310 2011 $2,518,316 2012 $2,351,211 134 Debt – Land & Construction (Interest)2010 $138,309 2011 $129,613 2012 $98,916 Other Costs (includes pension costs)2010 $142,824 2011 $112,134 2012 $114,985 Overhead 2010 $101,600 2011 $106,500 2012 $115,015 Sub Total Interest, Other, Overhead 2010 $382,733 2011 $348,247 2012 $328,916 Total Expenditure less Debt Principal B.2010 $2,946,043 2011 $2,866,563 2012 $2,680,127 Subtotal: Revenue less Expenditure above (A – B)2010 $336,425 2011 $374,160 2012 $530,912 Principal C.2010 $430,000 2011 $420,295 2012 $434,000 Total of Revenues less Expenditure (A – B - C)2010 ($93,575 ) 2011 ($46,235) 2012 $96,912 INFORMATION TECHNOLOGY DIVISION The role of the Information Technology Division is to address the continually increasing demand for more effective ways to access, maintain, distribute and analyze information pertaining to the Town of Yarmouth. Toward this end, the Division seeks to ensure that new data is developed properly, that Yarmouth’s existing data is being utilized effectively, that all departments have proper access to data, and that the Town’s systems and equipment are being used to their full potential. The Information Technology Division is responsible for fulfilling these goals, as well as, designing, acquiring, installing, operating, coordinating, and supporting the maintenance of voice, data, video and related telecommunications services for all Town offices as well as cable television broadcast. The Technology Division made great strides toward these goals in 2012. The following sections list what was accomplished and what is planned for 2013. I-NET The I-Net (which stands for ‘institutional network’) is a broadband fiber optic network which links 23 municipal buildings within the town allowing for high-speed transmission of information. Through the I-Net, these town buildings currently share file, print, E-mail and 135 Internet access. Each year is spent maintaining and expanding this resource. This year we continued upgrading the backbone networking equipment between town buildings. Existing 100 Megabyte networking equipment was upgraded to Gigabyte speed. This is particularly important for the increasing number of Geographic Information System (GIS) applications being implemented throughout town. Additionally, this faster data throughput results in increased efficiencies of many other software applications. As always, the I-Net will continue to be developed and upgraded within town through the design and implementation of effective and efficient methods of sending voice and video information between town buildings. TOWN WIDE PHONE SYSTEM This past year, the Town continued with major telephony changes to the town wide phone system and services. As part of the town wide phone system implementation, we continued to consolidate lines and telephone services throughout the year toward the goal of maximizing efficiency and reducing costs. The savings are achieved by reducing the number of phone lines that the Town pays for and using Voice Over Internet Protocol (VOIP) via the Town’s existing fiber optic network (I-Net). From the customer’s perspective, the proposed VOIP system is continually improving in both quality and efficiency. DATA ACCESS AND GIS The Division’s goal in regard to electronic data has been to improve access to Yarmouth’s electronic information, especially for town offices outside of town hall and the general public. Currently, Yarmouth’s electronic data is being used for a variety of purposes by an increasing number of departments. This has been accomplished through the use of the I-Net and our ability to access and utilize data from a variety of legacy databases. Sharing of this data through the I-Net allows the Town to maximize the capabilities of software applications such as the Geographic Information System (GIS). The GIS is an organized collection of computer hardware, software and geographic data designed to capture, store, update, manipulate, analyze, and display all forms of geographically referenced information. This System allows users to perform very difficult, time consuming, or otherwise impractical spatial analyses. This year, the town continued to build on and improve its GIS based applications. The Town has invested significant resources in its GIS and has put it to good use. However, we have only begun to tap the potential of such a system. Further investment will be required to build upon the existing system and expand its use by staff and the public. CHANNEL 18 This year, Yarmouth’s public access cable television channel, Channel 18, continued making equipment upgrades. New software and video equipment were installed in the Town Hall hearing room considerably increasing video quality. Live Video Streaming over the internet continued to increase in popularity. This feature allows users to access Channel 18 through any internet connection by visiting the Town’s Web Site. Users can also access an assortment of past meetings to watch “on demand.” 136 We have remained busy recording and televising a variety of public meetings and events on Channel 18. Our part-time employees record and replay Annual Town Meetings, Special Town Meetings, special events and informational meetings, as well as, weekly meetings of the Selectmen, Board of Appeals and Conservation Commission. The staff does an admirable job to provide the best quality broadcast and programming possible with the limited resources and equipment available. WEB PAGE The objective of the Town of Yarmouth web site is to provide Yarmouth residents and the general public with pertinent and up to date information. Last year the site received its second E- Government award for its design and content. The site provides viewers with a schedule of events, Committee and Board agendas and minutes, a listing of town departments, downloadable forms, a map of the town with pertinent landmarks, a phone directory, answers to frequently asked questions, links to resources and much more. Be sure to visit the site at www.yarmouth.ma.us. The web site is continually modified to provide visitors with a professional looking site that provides access to information in an orderly and efficient manner. Visitors can view many documents online, as well as, watch board and committee meetings on demand. Additionally, the site has a greatly improved search function, which provides visitors with accurate and in depth search results. The Town’s web site continues its goal of providing users with efficient access to as much pertinent information as possible. The excellent results show the commitment made by all Town departments towards this goal. We have made considerable progress in improving information systems in recent years but there is still much to be accomplished. The Information Technology Division will continue to move forward with exciting projects while maintaining the existing information systems which the Town depends upon to conduct its business. Finally, I would like to thank the employees in the town for their patience and cooperation while we implement these projects. Respectfully submitted, Shawn MacInnes Director of Information Technology RECREATION COMMISSION This past summer saw an increase in community use of Flax Pond. The Recreation Commission continues to have the successful completion of all phases of Flax Pond as its primary goal. An area where the Commission has shown success is in public outreach ensuring that the community is aware of Flax Pond, its successes and its progress. In the coming year this will continue to be a priority. In December Energy and Environmental Affairs Secretary Rick Sullivan announced at a reception at Flax Pond that Yarmouth will receive a $400,000.00 PARC grant from the Commonwealth of Massachusetts for the next Flax Pond phase which will see the construction of attached restrooms. At about that same time, it was announced that Yarmouth would receive a challenge grant from the Lorusso Foundation of $50,000.00. With the completion of this next phase, Flax Pond will be available for use on a year round basis. 137 New Community Preservation Act legislation now makes it possible for Recreation to apply for Community Preservation monies. With this increased potential for funding, the Recreation Commission will begin with exploring the rehabilitation of playgrounds starting with the one located on Route 6A. In the coming year the Commission will reach out to the public to establish a special committee to look at the playground and its future. The Community Sailing Center continues to be a very successful program. At the upcoming Town Meeting a request for CPC funding of a proposed expansion is on the warrant. With this expansion, indoor restrooms and improved storage and maintenance space would be available. Congratulations to the Recreation staff for their continued excellence. This past summer saw one of the lifeguards, Henry Baker, successfully bring a young lady back to life in a non-beach rescue near Parkers River Beach. The Recreation Commission thanks Bob Majewski and Will Rubenstein for their service as members of the Commission in 2012 and welcome Steven Sozanski for 2013. We always welcome input from our residents and we continue to strive to meet all of the recreational needs of the community. PARKS & RECREATION DIVISION PARKS DIVISION The Parks Division (formerly Grounds) was reassigned from DPW to the newly established Parks & Recreation Division on April 1st. Over the first nine months of the transition systems were evaluated, personnel strengths were reassessed and a shift in priorities was developed in order to have more tangible results that were apparent and measureable. The six full time staff feel a great deal of pride in their role as custodians of the parks, beaches and other municipal green spaces. They have done a good job and their efforts have been recognized by the community as well as town leaders. Park Supervisor Chris Myland and Foreman Dave Carlson were instrumental in the success of the transition and deserve praise for their efforts. Beach operations are now shared under this new division. Beach cleaning has been expanded to seven days a week. This increase in frequency was absorbed into the overtime budget established for seaweed remediation. The result was a much cleaner beach environment and high praise from the residents and our business partners. We plan to continue this regimen in 2013. All wooden beach and park entrance signs were given a fresh coat of paint. A new color scheme was used to correspond with the new gateway sign initiative. We have also begun the process of installing electronic locks on our public restrooms so that they can remain open longer and will not require staff to secure them nightly. The daily parking receipts were up this year. We saw an increase of $7,000 during the summer of 2012. One of the new efficiencies added was the use of credit cards for sticker purchases at the gates. The technology was finicky, and the bank charges impacted our bottom line, but the convenience factor for our visitors and guests outweighs the challenges. 138 The daily maintenance of park and beach restrooms and trash collection was accomplished with very little disruption. With the reorganization we were able to add 3 seasonal positions which greatly improved our operations. One seasonal worker was assigned to the trash truck for 5 days a week and another was assigned to restroom cleaning 4 days a week. This freed up our foreman to work on maintenance projects that have been backlogged for several years. We are still evaluating additional efficiencies to these two aspects of our operation. We feel our beaches are maintained at a very high standard of cleanliness and operations. We are very proud of the rebuild of the South Middle Beach staircase that was accomplished this fall by long time craftsman Tom Egan. Tom also crafted a new lifeguard chair for Dennis Pond and helped with the major renovation of the Sandy Pond restroom. The Memorial Bench Program has been put on hold for now. The overwhelming popularity of this program has created a challenge for us. We have utilized most of the designated sites for benches and are now struggling with the aesthetic and access challenges that are the byproduct of our efforts. We are working to create a new donation catalogue that will diversify the opportunities to donate and will allow us to organize our public spaces in a more aesthetically pleasing master design. We were able to reprioritize our budgeting to reinstate irrigation and fertilization at our most visible public grounds locations. This renewed nourishment program required us to add a seasonal worker to our lawn maintenance and mowing program. We feel the result is well worth the investment of resources. We also have instituted an organic fertilization program at many of these sites. We will be following the lead of our co-workers at the Golf Division to switch over to organics wherever possible within the next two years. We recognize our role as community leaders in the fight to save our estuaries and waterways and we want to contribute to a sustainable solution for our community. Over the winter months the crew is busy rebuilding some of the many town owned docks, repairing lawn equipment, working on indoor construction projects, planning field use maintenance and supporting the Highway Division during snow storms with plowing, dispatching and shoveling assistance. On fair weather days our crews are out emptying trash barrels, pruning trees and bushes, and clearing over grown sections of the parks and beaches. We look forward to 2013 and are committed to providing exemplary services to our citizens through concerted effort, positive attitudes and the hope of good weather. RECREATION DIVISION The Recreation Division has continued to provide quality programs at reasonable prices through the down economy. The re-structuring which combined Parks, Beaches and Cemetery Divisions with Recreation also required Asst. Recreation Director Mary Cole to be more administrative in her duties. She took on the supervision of most of the program areas and lifeguards during the summer. She performed admirably and created a cohesive and strong team of seasonal leaders and providers. During 2012 the Recreation Division filled 4,600 activity slots in 40 distinct programs. That generated approximately $400,000 in user fees that were returned back to the economy in the form of seasonal and fulltime salaries and program services, equipment and supply purchases. 139 The figure also includes $30,000 in field rental revenues generated through rentals of sports fields and special events at our parks and open spaces. A concerted effort was made to increase programming to meet local demand. The following is a list of new programs initiated either internally or through a partnership with a local provider:  Re-instituted adult aquatic exercise program Trek Crew Teen Travel Program at Flax Pond Summer Movie Series at Flax Pond Spring and Summer Youth Dances at Flax Pond  Expanded programming by partnering with established providers including Grand Master John Morash – Karate & Tai Chi Deanne Desroches – Couch to 5K Doc Docherty – Summer Beach Soccer Patience Cabrera – Zumba and Aqua-Zumba  Expanded revenues through use of facilities by local private/charter schools Sturgis East Sturgis West Pope John Paul II High School St Pius X School The Recreation Division publishes a monthly newsletter, “Monthly Motivator” that is sent out to over 2,000 local and seasonal residents. We continue to work closely with our advisors, The Recreation Commission, to address public needs, remain engaged in the pulse of the community and remain prepared to act on suggestions and concerns. We thank them for their direction and support and look forward to working on some exciting new initiatives in 2013. CEMETERY DIVISION The Cemetery Division was transferred from the DPW to the Division of Parks and Recreation in October of 2012. It is important to recognize the hard work and significant contribution of Roby Whitehouse, Principal Office Assistant to the Cemetery Division over the past decade. Roby worked closely with our team, and our partners at the funeral homes, to facilitate each burial with dignity and sensitivity to the families affected. She also worked diligently to improve our business model and provide the best in professional services. Her effort is realized in our successful operation and the smooth transition of responsibility. She continues to be a valued advisor and a champion of our public cemeteries and burial grounds. The Cemetery Division is responsible for the maintenance and care of seven cemeteries throughout the town. The two person fulltime crew has been utilizing help from the Park Division to keep up with the mowing, trimming, fertilizing, planting, and maintenance of the equipment used daily. The sale of lots and coordination of burials is handled by Mona Solmonte, Administrative Assistant to the Director of Cemeteries. Our new office location is 424 Route 28 in West Yarmouth. In 2012 we sold 47 lots. The town took on the service of digging graves for the majority of burials in 2012. We still have outside contractors on call in the event that they are needed. In 2012 the Town performed 89 interments. Of those, 50 were vault burials, 22 were for cremains and 17 interments were for veterans. In the past five years we have performed between seventy-eight and ninety-two interments per year. All burial revenues go into the general fund and are used to offset 140 department expenses. We fund two seasonal positions that are populated by three employees on a part-time basis throughout 3 seasons. Foreman Audrey Rano put great time and effort into creating a Memory Garden at Chandler Grey Cemetery. This special oasis was created as a contemplation site for those visiting the cemetery. Policies are now being established to allow families to purchase memorial bricks to recognize those departed whose cremains have been spread at this site or elsewhere in Yarmouth. Beginning in 2013 cremains may also be distributed at the Memory Garden with permission from the Cemetery Division at no cost to the family. Tree work at Ancient Cemetery has received a great deal of attention and resources. Experts have been called in to help battle the Gull Wasp infestation of our majestic oaks and maples. We are hoping to save all 33 diseased trees but it is more realistic to plan on losing 5 to 10 in 2013. We are looking to replant new stock now to help minimize the vista impact when these great giants succumb to these pests. Ten new oaks were planted across the front of the cemetery, along the Center Street fence. Plans are now underway to reposition the arborvitae further within the cemetery grounds as replacement for some overgrown shrubs that will be removed next spring. We have also purchased new elm trees through the Barnstable County Extension Service Tree Farm and are making plans for subsequent planting each spring and fall for the next few years. All diseased trees will receive a public hearing before they are significantly pruned or removed once deemed beyond rescue. The Veterans Section at Ancient was also upgraded during the year with the dedication of the new flag pole and the planting of the garden surrounding the new flag pole. Work continues in Woodside Cemetery with new tree and shrub plantings along the Route 28 fence line and a row of new tulip trees down the center roadway. Pine Grove Cemetery has also received some attention with the addition of new fencing and pruning along the existing fences. We would like to thank The Barnstable County Trial Court Community Service Program for the many hours of volunteer services donated to the care and maintenance of our cemeteries this fall. Their assistance allowed us to clean up fall leaves in a timely and efficient manner. 141 MUNICIPAL FINANCE FINANCE DEPARTMENT The Divisions of the Finance Department continue to execute their core missions which include auditing all Town payments to ensure compliance with Town and State procurement policies, assessing property values and setting tax rates, collecting tax and water receipts, processing the Town’s payroll and ensuring funds are deposited in safe financial institutions. Due to its public responsibilities, the Finance Department managed to succeed, once again, in operating within the confines of a balanced budget. This was possible by way of streamlining, automation, eliminating redundancy and keeping a sharp eye on rising costs. There is an acute awareness that despite budget constraints, deadlines must be met while high quality work is still paramount. More than ever, colleagues are working together to meet objectives according to the selectman’s goals. In fiscal 2012 the selectmen focused on maintaining a balanced budget in order to keep the tax rate low. Whereas this is not the only critical goal, it is one that the Finance Department kept in the forefront of operations. In an effort to reduce costs, Sue Milne, Finance Director, has approved the use of the ePayables program with Bank of America. Under Sue Milne’s direction, Stephen Amara and Beverly Connors (both Finance Technicians who specialize in accounting- automation) have spear-headed the implementation of this project. This program is a new platform in accounts payable that significantly reduces costs and sets a new standard in efficiency. For participating vendors, the accounts payable process is converted from a cumbersome paper check to an electronic payment. Most importantly, the Town of Yarmouth will qualify for cash rebates based on their spending through the program. These rebates will service the local constituents, namely the residents of the Town of Yarmouth. Traditionally, vendors who provide goods or services for municipalities are subject to the lengthy turnaround time for payment. However, with the ePayables program, the Town of Yarmouth can settle invoices for participating vendors within one or two days of processing the transaction. This program allows our vendors to receive payment faster than the typical 30 day turnaround, and reduces costs in the accounting and treasurers department associated with printing and mailing paper checks. Other ongoing efforts include participation in a multi-department team to streamline the permit, licensing and inspection process town wide. In addition, I would like to thank all the Departments and Divisions of the Town for their continued support and assistance during 2012. Respectfully submitted, Susan Milne Finance Director 144 TOWN ACCOUNTANT FOR THE FISCAL YEAR JULY 1, 2011 – JUNE 30, 2012 Annual Reports submitted in accordance with the provisions of Chapter 41, Section 61 of the Massachusetts General Law: SUMMARY OF APPROPRIATIONS & EXPENDITURES STATEMENT OF REVENUES Respectfully submitted, Sue Milne Finance Director 145 146 147 148 149 150 151 INDEPENDENT AUDITOR We have audited the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the Town of Yarmouth, MA, as of and for the year ended June 30, 2012, which collectively comprise the Town’s basic financial statements. These financial statements are the responsibility of the Town’s management. Our responsibility is to express opinions on these financial statements based on our audit. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the Town of Yarmouth, MA, as of June 30, 2012 and the respective changes in financial position and cash flow, where applicable, thereof for the fiscal year then ended in conformity with accounting principals generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report on our consideration of the Town of Yarmouth, MA internal control over financial reporting and our tests of it compliance with certain provisions of laws, regulations, contracts and grant agreements and other matter. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion of the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. To view or request a copy of the full audit please stop by the Town Administrator’s office in Town Hall. Respectfully submitted, Malloy, Lynch, Bienvenue, LLP 152 TOWN COLLECTOR Balance 30-Jun-11 Committed Fiscal 2012 Balance 30-Jun-12 2012 Real Estate Tax $ - $47,777,449.27 $831,709.17 2011 Real Estate Tax $808,008.04 $3,594.96 $8,947.12 2012 CPA $ - $1,433,119.99 $23,168.08 2011 CPA $22,866.27 $107.85 $226.74 2012 Personal Property $ - $950,620.01 $15,183.94 2011 Personal Property $16,709.52 $ - $5,730.39 2010 Personal Property $7,205.42 $ - $5,777.24 2009 Personal Property $2,807.44 $ - $2,224.61 2012 Motor Vehicle Excise $ - $2,469,310.57 $163,229.19 2011 Motor Vehicle Excise $155,437.59 $239,103.69 $42,078.33 2010 Motor Vehicle Excise $46,359.57 $275.84 $26,483.63 2009 Motor Vehicle Excise $32,619.23 $ - $25,477.75 2008 Motor Vehicle Excise $30,949.46 $ - $ - 2012 Boat Excise $ - $44,723.00 $2,289.67 2011 Boat Excise $1,879.85 $ - $1,486.10 2010 Boat Excise $1,159.85 $ - $930.85 2009 Boat Excise $965.00 $ - $940.00 2008 Boat Excise $638.00 $ - $ - Landfill $49,671.64 $310,686.00 $49,481.04 Transfer Station $1,105.00 $9,404.20 $941.20 Town of Barnstable $13,225.16 $104,000.62 $12,587.79 Town of Dennis $ - $7,974.45 $5,623.35 Septage $301,538.62 $1,701,182.80 $309,072.05 2012 Septage Betterment “A” $ - $16,475.77 $408.00 2012 Septage Betterment “A” Int. $ - $4,658.42 $265.20 2012 Septage Betterment “B” $ - $1,011.76 $ - 2012 Septage Betterment “B” Int. $ - $404.70 $ - 2011 Septage Betterment “A” $751.50 $ - $ - 2011 Septage Betterment “A” Int. $490.65 $ - $ - Title V Septage $2,665.00 $ - $2,665.00 Title V Septage Interest $8,658.60 $ - $8,658.60 153 Balance 30-Jun-11 Committed Fiscal 2012 Balance 30-Jun-12 Semass $117,253.77 $1,130,597.29 $115,421.15 Sludge / Septic $2,719.84 $5,308.02 $3,287.04 Septage Effluent $ - $11,646.23 $ - Trailers $984.00 $11,856.00 $984.00 MISCELLANEOUS COLLECTIONS Municipal Liens $63,321.77 Scholarship Fund $5,525.73 Miscellaneous Charges $307.35 Real Estate/Personal Property Interest/Fees $228,785.62 Miscellaneous Interest/Fees $4,781.01 Motor Vehicle & Boat Interest/Fees $139,462.12 RMV Markings $29,120.00 Prior Years Motor Vehicle & Boat $10,438.41 Water Interest & Fees $58,941.74 Water Service Payments $50,838.11 Water Rates Payments $4,166,167.74 Service Rates Interest & Fees $672.49 Non-sufficient check fees $1,590.00 Septage Interest $11,554.01 My sincere appreciation to my staff Elsie Raneo and Janice Strobl for their continued hard work and dedication. Respectfully submitted, Jaye Anne Kesten Town Collector TREASURER The Treasurer’s Office continues to work toward streamlining our operation in conjunction with improving customer service. We are working with other Town departments in broadening the options that taxpayers have for conducting their financial transactions with the Town. Town citizens can now handle a number of their transactions on line, using credit cards or online banking. We discover new processes that can be handled electronically, improving the availability of information for reporting or projections for payroll, benefits and debt obligations. During the year, the Finance Department worked on preparing to introduce electronic vendor 154 payments. The Treasurer’s Office also worked diligently on the implementation of health reform legislation for our employee benefits. The Treasurer’s Office has continued to invest Town funds in collateralized and DIF insured bank accounts. The year was challenging with interest rates holding at historically low levels. However, when the Town has had to borrow for projects, the lower interest rates have been helpful, as we have been able to achieve significant savings. We issued a bond anticipation note for $835,000.00 for road work in June at a rate of .55%. We have continued to be aggressive in the collection of tax title accounts. Payment plans were set up for residents with properties in tax title. We utilize the foreclosure process for uncollectible tax title accounts. Thank you to everyone who took advantage of a payment plan, or settled their account in full. I would like to thank my staff, Jacqueline Rivero and George Edwards for their dedication and hard work throughout the year. It has been a year of many changes and the challenges that presented. I would also like to thank the Finance Director and Administration for their continued support. CASH SUMMARY Balance 6/30/11 $31,095,329.44 Revenue & Non-Revenue Cash Receipts 7/1/11-6/30/12 Revenue & Non-Revenue Cash $96,151,833.08 Total Cash Balance & Cash Receipts $127,247,162.52 WARRANTS DRAWN 7/1/11 – 6/30/12 Vendor Bills $78,957,695.11 Payroll $14,268,901.04 Total $93,226,596.15 BALANCE AS OF JUNE 30, 2012 $34,020,566.37 Respectfully submitted, Irene Wright Town Treasurer 155 TRUST AND INVESTMENT FUNDS BALANCE AS OF JUNE 30, 2012 Escrow Accounts Balance 2012 Balance 2011 Balance 2010 Baker Home Inc. Plan #2387-A $6,609.36 $6,589.30 $6,562.87 Baker Home Inc. Plan #2529-A $7,327.65 $7,305.43 $7,276.14 Michael Baker Plan #2387-A $11,984.24 $11,947.86 $11,899.96 Baker Home Inc. Plan #2529-B $18,177.64 $18,122.47 $18,049.82 Dennisport Furniture Plan #2288-B $5,605.16 $5,588.15 $5,565.74 Robert Donahue Plan. Bd. #2635 $3,428.02 $3,417.63 $3,403.94 White's Path Realty Estate Trust $14,344.67 $14,301.13 $14,243.81 Dennis M. Carey $563.37 $561.67 $559.43 Town of Yarmouth Water Dept., Art. 17 $17,900.77 $17,846.44 $17,774.90 Robert R. Bears $3,601.38 $3,590.45 $3,576.06 Owners Unknown Art.28 ATM 86 $268.32 $267.48 $266.41 Land Taking Art.28 (85) $2,771.60 $2,763.20 $2,752.25 Telecorp Realty, LLC $4,465.05 $4,451.49 $4,433.65 Nextel $2,813.67 $2,805.14 $2,793.90 Hawk's Wing Estates $46,035.43 $45,895.71 $45,711.70 Swan Pond Village $100,230.94 $0.00 $0.00 Hyannis Ice Cream/Seagull Beach & BR $1,851.43 $1,766.67 $1,759.61 Town of Yarmouth $3,104.49 $3,095.08 $3,082.67 Land Bank Purchases-Various $11,019.46 $10,985.94 $10,941.95 Hyannis Ice Cream/Parkers River $350.49 $757.17 $754.13 The Villages at Camp Street $270.39 $269.55 $268.48 Golf Concessions- G. McInervey $3,027.74 $3,018.56 $3,006.45 Golf Concessions-Bill Wright $3,113.94 $3,104.47 $3,092.06 A.P. Whitaker & Sons, Inc. $8,776.86 $8,750.22 $8,715.11 CVS @ 438 Route 28 $0.00 $13,147.51 $0.00 Elias Hospitality LLP $61,068.12 $60,882.78 $60,638.69 Total $338,710.19 $251,231.50 $237,129.73 Trust Fund Accounts Balance 2012 Balance 2011 Balance 2010 Joshua Sears Playground Fund $27,189.16 $27,130.86 $27,042.51 Est Bella Matthews Perpetual Care $2,318.21 $2,312.49 $2,303.70 Cemetery Perpetual Care $334,210.74 $300,254.28 $299,279.15 Cemetery Perpetual Care Enterprise $312,320.73 $311,373.00 $310,124.43 West Yarmouth Woodside Cemetery $52,132.26 $52,024.06 $51,836.66 Woodside Cemetery Yarmouthport $13,295.23 $13,262.48 $13,220.37 Alfred V. Lincoln $2,818.50 $2,811.38 $2,801.30 Yarmouth Friends Trust $1,481.40 $1,478.28 $1,473.57 Ellen Chase Scholarship $9,501.14 $9,481.97 $9,452.12 Frederick C. Howes Educational $126,966.68 $126,702.49 $126,296.71 James Knowles Memorial Scholarship $7,191.17 $7,176.57 $7,153.98 Ellen Eldridge Ancient Cemetery $30,129.70 $30,069.18 $29,960.92 Walter Gifford Cemetery $427,753.34 $426,879.25 $425,525.53 Charles Matthew Bray $8,820.70 $8,798.76 $8,765.49 156 Scholarship Account $1,440.33 $1,435.95 $1,430.18 Yarmouthport Playground $4,726.21 $4,711.88 $4,692.99 Total $1,362,295.50 $1,325,902.88 $1,321,809.61 Other Balance 2012 Balance 2011 Balance 2010 Conservation $87,417.24 $99,759.11 $99,433.24 Stabilization $875,218.15 $258,209.48 $257,214.41 CPA $2,932,412.94 $3,137,358.71 $4,441,511.09 Total $3,895,048.33 $3,495,327.30 $4,798,158.74 Trust Fund Accounts Balance 2012 Balance 2011 Balance 2010 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 BOARD OF ASSESSORS This year the Massachusetts Department of Revenue approved the tax rate on November 29, 2012 at $9.88 per $1,000 of value. We would like to thank the staff for the effort they put forth: Marty Golenski, Cheryl Wheeler, Tara Monroe and Stephanie Cappello. Also the office has received numerous written and verbal compliments on its customer service this year. The Classification Report, which the Board of Assessors submitted to the Board of Selectmen this year, reflected little change from the previous year. The tax bills were mailed December 7, 2012. CLASSIFICATION, FY13 Tax Rate: $9.88/$1,000 of Value CLASSIFICATION, FY12 Tax Rate: $9.33/$1,000 of Value CLASSIFICATION, FY11 Tax Rate: $8.64/$1,000 of Value CLASS PARCEL COUNT VALUATION PARCEL COUNT VALUATION PARCEL COUNT VALUATION Residential 15,881 4,573,445,040 15,864 4,677,794,031 15,923 4,869,310,110 Open Space 0 0 0 0 0 0 Commercial 1,294 397,263,360 1,258 408,335,069 1,257 430,318,290 Industrial 116 30,791,800 116 32,427,600 117 34,319,800 Total Taxable Parcels 17,291 5,001,500,200 17,238 5,118,556,700 17,297 5,333,948,200 Exempt Property 721 308,938,500 731 321,141,900 729 326,006,700 Personal Property 5,818 100,798,300 5,845 101,888,200 5,417 101,440,100 Total Valuation 23,114 5,411,237,000 23,814 5,541,586,800 23,443 5,761,395,000 As always, the Board of Assessors and the Assessors Office staff is here to help you in any way we can. Respectfully submitted, Matthew J. Zurowick Director of Assessing For the Board of Assessors James W. Carroll Joseph R. Sullivan John C. Serijan 174 PUBLIC SAFETY FIRE AND RESCUE DEPARTMENT “WE ARE DEDICATED TO COMMUNITY RISK REDUCTION THROUGH THE APPLICATION OF PREVENTION, EDUCATION AND EMERGENCY SERVICES IN THE TOWN OF YARMOUTH” To the Citizens of the Town of Yarmouth: My favorite part of the year is my yearly report, where I am able to brag about the extraordinary work of the men and women of the Yarmouth Fire Rescue Department. When you read the following accomplishments you too, will want to brag! A two year effort to complete a professional analysis of the fire rescue department was completed and submitted. This analysis tracked each response cost for a calendar year, and broke down those costs in order to make a recommendation how to best staff the department and stabilize the budget. This analysis is predicated on the minimum mandated performance levels we are required to achieve. Our staff put a lot of time and effort in along with a professional data analyst; with the strategic plan and goals set forth by the Board of Selectmen, we will continue efficient and professional service delivery. We completed a nation-wide environmental program entitled “VIPER”, (Environmental Impact Protection of Environmental Resources). This is a first of its kind computerized tool that can map environmental sensitivity of anywhere in the United States so fire departments and communities can make better decisions when applying resources in emergency management and firefighting. It has been endorsed by the Environmental Protection Agency Region 1 Ground Water Division and National Groundwater Association. It was developed as part of the International Fire Chiefs Association Environmental Sustainability Committee. Once again, our first graders provided critical assistance in our fire prevention efforts by coloring fire prevention posters. They do a great job and provide a great service to the community and we are proud of them. We continue to create efficiencies. We have computerized vehicle checks so that all the data is collected and tracked, and the mechanic gets notice of repair needs promptly. Our administrative staff logs all repairs and maintenance so we have to the penny cost for analysis. Deputy Chief Simonian saved us close to $130,000 by creative management of vehicle purchases; getting the optimum product at best cost. Our Fire Prevention and Investigation Division, Captain Jon Sawyer and Lieutenant James Armstrong has been called upon to assist the State Fire Marshal’s Office to present their work on managing illegal apartments throughout the State, and they are part of the State-wide team developing the new Fire Codes for the Commonwealth. We have taken lead in the County by Captain Talbott presenting to the Mutual Aid Committee computerized incident management and accountability software. This will greatly enhance fire fighter safety and incident analysis. Our Strategic Plan has been updated as has our operational plan, which our Shift Commanders each play a crucial role in managing. Captain Walsh is our leader in Emergency management; developing a modern working Town Emergency Operations Plan. Our administrative staff, Administrative Assistant Jeanne O’Keefe and Principal Office Assistant Sherry Theuret maintains the department web site, mountains of data and human resource information which they are able to deliver with amazing speed and efficiency. 176 As you can see, I do brag but I feel I have the right to do so. Our personnel are top notch and prove it daily. I wish everyone a prosperous 2013. Sincerely, Michael A. Walker Fire Chief NEW HIRES We are proud to have hired Patrick Cox as Fire Fighter Paramedic, and Ms. Kelly Donovan as Fire Alarm Operator. Ms. Christine Benson resigned as Fire Alarm Operator to pursue a new career, and Fire Fighter Paramedic Chris McMahon resigned and relocated his family for his new career. We are excited at our new personnel and appreciate the service of those that have moved on. MILITARY DEPLOYMENTS Captain Gerry Walsh, Major, United States Army Reserve, completed a Combat Tour in Afghanistan, as did Acting Captain Marc Omerzu, Technical Sargeant United States Air Force. We are proud of their service to our Country and grateful for their safe return. FIRE PREVENTION REPORT Capt. Jonathan Sawyer and Lt. Inspectors James Armstrong “To identify and reduce hazards in the Town of Yarmouth through education, inspection, code enforcement and fire investigation.” A large portion of the work week is dedicated to Smoke and Carbon Monoxide Inspections for the sale of real estate. We performed 640 Smoke and Carbon Monoxide Inspections. We would like to thank our realtors for their hard work and efforts towards compliancy with MA State Law. Our online scheduling program works great and has won the approval of our realtors and has freed up time for our busy dispatchers. Fire Prevention is responsible for issuing a variety of permits; Clerk Jeanne Okeefe and Office Assistant Sherry Theuret are the first point of contact to our customers seeking permits. We wish to thank them for their patients and dedication in doing a good job. Total Permit fee’s collected for 2012 were $66,182; below are a list of our more common permits issued for 2012: Description Count Total Fees Smoke Detector/CO Inspection for Real Estate 640 32000.00 Above ground storage tank - removal 5 100.00 Underground Tank Removal 93 2065.00 Install F/A-C/O System 214 7035.00 Install kitchen hood suppression 33 680.00 Storage of LPG 81 2057.00 Install Oil Burning Equipment / Tanks 445 10420.00 To Maintain an Existing / New Storage Tank/Gas Station 45 1040.00 Install Sprinkler System 53 1120.00 177 Customer service continues to be a priority and over the past year we have attempted to streamline the permitting process. This effort will continue in the coming year. We would like to thank Retired Building Commissioner James Brandolini and the Building Department for their continuing help and support. Fire Inspection and code enforcement has been strengthened through your efforts. We also want to welcome new Building Commissioner Mark Grylls and look forward to working with him in the future. Fire Prevention is responsible for investigating all types of fires to determine the origin and cause of the fire. We have a Fire Investigation Team made up of the two inspectors and members from the shifts who work together to do a hard job. We also work with the state police fire investigators when they are needed at a scene. Fire Prevention tracts the types of fires, watches for trends that could indicate a problem with a particular piece of equipment that could point to arson. FIRE STATISTICS: Annual Alarm Summary Report TYPE JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL MISC. 42 28 50 63 49 56 76 89 75 104 63 59 754 FIRE 6 5 6 9 3 9 11 8 13 6 5 5 86 OVERHEAT/EXPLOSION 1 1 0 1 1 0 0 1 0 0 0 0 5 MEDICAL 402 321 427 418 414 440 535 587 488 409 410 447 5298 HAZARD COND. NO FIRE 9 6 6 6 10 3 14 12 7 25 6 15 119 CALLS FOR SERVICE 15 15 9 10 9 12 14 9 10 17 11 10 141 GOOD INTENT CALL 7 9 13 18 10 6 5 11 0 8 9 10 106 FALSE ALARM/FALSE CALL 37 21 32 24 20 27 28 35 24 28 19 47 342 WEATHER/NATURAL DISA 0 0 0 0 0 0 0 0 0 0 0 0 0 SPECIAL INCIDENT 1 0 0 1 0 3 2 1 0 1 1 1 11 GRAND TOTAL 520 406 543 550 516 556 686 752 617 598 524 594 6862 The YFD Education Team runs like a well-oiled machine, each year Freddie the Fire Engine visits the schools during Fire Prevention week. Our popular and locally produced CD titled “Freddy the Fire Engine, Fire Safety Facts, Every Child Should Know” is still very popular. The CD was made possible by; YFD Education Team, Cape Cod Community Media Center, FEMA (Fire Prevention and Safety Grant), F.M. Global (Fire Prevention Grant) and Rick Todd - Retired (EMS/Training Supervisor for the Yarmouth Fire Department). FREE CD’s are available through YFD Fire Prevention Office Education is the key to public safety and this priority was reflected by the wide range of programs that was presented to a variety of the citizens of Yarmouth. Due in part to the Student Awareness of Fire Education grant from the state of Massachusetts we were able to present Fire safety programs in all of the Yarmouth schools. Fire Prevention week was very successful with an open house held in October. This year over 800 hundred people attended the Fire Prevention Open House Carnival held at Station Three. Special thanks to Patricia Fruggiero at DY High School and the “School to Careers program”, for their support of our Fire Corps internship program. We wish Pat a happy and well deserved retirement. This year we saw six students participate. We are lucky to have such caring young men and women in our community. 178 Respectfully submitted by: Capt. Jonathan Sawyer Lt. James Armstrong EMERGENCY MEDICAL SERVICES REPORT The Yarmouth Fire Department continues to be one of the busiest fire based EMS services in Massachusetts with over 5,300 calls for emergency medical aid in 2012. Although we see a slight increase during the summer months, our average call volume is 442 calls per month. Our ambulance transports generate approximately of 1.6 million dollars in cost recovery each year. These funds go directly into our budget covering wages, operating expenses and 100% our capital needs. CALL VOLUME BY VILLAGE South Yarmouth 40.44% West Yarmouth 39.26% Yarmouth Port 19.29% Mutual Aid service 01.01% The Yarmouth Fire Department is in the second year of using the Imagetrend electronic patient care reporting system. We are beginning to see some significant results in the streamlining of patient care data, quality assurance, and improvement in the delivery of care and services, as well as speedier delivery of service to billing timeline. Due to the hard work of our rescue personnel and our billing service, we are currently able to receive 94-96% of collectable revenues. The tax payers in the Town of Yarmouth should be proud to know that our members’ hard work equates to fiscal responsibility and accountability, and that this collection average approaches the best that is attainable in the industry. EMS TRAINING There are currently 33 career certified Firefighter/Emergency Medical Technicians (EMT) that provide Basic Life Support (BLS) and 29 career certified Firefighter/Emergency Medical Technician Paramedics who provide Advanced Life Support (ALS) level care to anyone who calls for aid in the town of Yarmouth. We also have 3 Fire Alarm Operators who are also Certified EMTs. All of these members are dedicated professionals that must be engaged in constant training to maintain their certifications within the state. On a bi-annual basis EMTs are required to successfully complete approximately 50 hours of continuing education and Paramedics are required to complete 100 hours. Paramedics are required not only maintain their certifications within the state, but to maintain an authorization to practice from the systems Medical Director, Dr Jason Kahn of Cape Cod Hospital. All of this training is required not only to satisfy certifications, but also to keep our members abreast of advancements in equipment and procedures in the ever changing environment of emergency medical care which makes up 80- 85% of what we do here at the Yarmouth Fire Department. FIRE TRAINING Because of our high call volume and the fiscal restraints of the current economic environment, it is very difficult to find the time and funds to train our members. Despite these challenges we were able train in the following topics:  Aerial ladder operations  Boat operations  Driver training 179  Fire alarm systems  Vehicle extrication including a real time Docudrama held in conjunction with YPD and D-Y RHS  Basic firefighting operations  Ice & Water rescue  May Day & Self Rescue procedures These training sessions are in-service drills meaning that when engaged in training, all members may have to be able to discontinue the training to respond to emergencies. It is only with the continued perseverance, dedication, commitment, honor, and professionalism of our members, that we are able to undertake and complete training while on duty and in service. EQUIPMENT In 2011 we chose and have taken delivery of 6 new cardiac monitors outfitted with the latest in cardiac, blood pressure, caponography and carbon monoxide monitoring adjuncts. These new devices replaced our cardiac monitors which were 12 years old. This newer technology helps providers recognize and treat life threatening conditions in a more efficient manner. These monitors are located on all four of our five (5) ALS ambulances and our one (1) ALS engines. In a situation when all the ambulances are tied up on other emergency calls, rescue personnel can respond to and provide ALS level care on an ALS engine until an ambulance is available, or until we have a neighboring town ambulance assist with transport (which occurs in approximately 1% of our calls). We continue to supply and maintain emergency medical response bags and equipment for every front line Yarmouth Police Department vehicle. We also offer an open door in service training policy to the Yarmouth Police Department where any YPD member can attend classes sponsored by the YFD EMS Training office. 180 In the fall our newest ambulance arrived, a 2013 Terrastar. We expect this vehicle to be in service for a minimum of 10 years as one of 5 ALS ambulances ready to respond to the needs of our community. AED PROGRAM The YFD EMS office is responsible for over 60 AEDs that are currently in service throughout the town. This is an increase of 15 AEDs in 2011. These units are placed in schools, government buildings, and every Fire Department and Police department vehicle to be deployed in cases of emergency. With generous donations by the Dennis Chamber of Commerce we have been able to not only keep this life saving program alive but also thriving. LOOKING TO THE FUTURE… Along with the new cardiac monitors, we have been able to secure a new Advanced Life Support simulation manikin and supporting software. This equipment will allow us to train new, as well as seasoned, BLS and ALS providers in the performance of life saving procedures, medication administration, and advanced critical thinking and decision making skills during critical incidents. The result will be improved performance by our members with direct benefits for patients, as well as for fellow providers in the field and in hospital receiving emergency departments. This training and equipment will allow us to remain in the forefront of emergency medical care to better aid our community and to improve the EMS system as a whole. POLICE DEPARTMENT On behalf of the men and women of the Yarmouth Police Department, I first want to thank the citizens, elected officials, and fellow town employees for their display of teamwork and generosity that sets Yarmouth apart from any other community. You should all be congratulated for the many town wide accomplishments. Before I go further I must acknowledge the bravery and sacrifice of Yarmouth Police Officer Brendan Carnes. Since May of 2012, Officer Carnes has been on active duty as a United States Army Captain assigned to Special Forces. Captain Carnes is currently deployed to Afghanistan until May of this year. Our thoughts and prayers are with Brendan and it will be wonderful to have him back patrolling and protecting the citizens of Yarmouth. Our first and foremost obligation of government is to ensure freedom from fear, crime, and disorder. The men and women of the Yarmouth Police Department are essential to this obligation and we are committed to providing excellence in policing to everyone who lives, works, or visits our community. In order to be successful we need the support and partnership of our citizens and our support of the Police Department is second to none. Yarmouth currently has over 100 citizen volunteer Neighborhood Crime Watch Captains. There is no other town or city in New England that is even close. This is the result of the remarkable team work of the volunteer Citizens Advisory Team (CAT) and members of the Yarmouth Police Department. For this effort the Yarmouth Police Department has been awarded the esteemed New England Chiefs of Police Associations 2012 Community Policing award. Congratulations to all who have made this achievement. 181 Being successful also means being fully staffed, trained, and equipped to meet the ever changing challenges ahead. I am proud to announce the addition of two new Yarmouth Police Officers who are exceptional young men that allow us to provide excellent police services to our community: Andrew W. Coville age 24 of Yarmouthport. Officer Coville graduated from the 28th Municipal Police Officers Class of the Massachusetts Bay Transit Police Academy on May 8, 2012. Officer Coville was born and raised in Yarmouth and is a Class of 2006 graduate of Dennis- Yarmouth Regional High School. Officer Coville served for 5 months as a Police Officer with the Provincetown Police Department during the summer of 2012. Officer Coville also served our Country for 4 years as a member of the United States Marine Corps 2nd Light Armored Reconnaissance Battalion based at Marine Corps Base Camp Lejeune, North Carolina and deployed for combat operations as a 0352 Infantry Anti-Armor TOW Gunner in direct support of Operation Iraqi Freedom in Iraq and Operation Enduring Freedom in Afghanistan. Officer Coville is the recipient of several awards including the United States Department of the Navy Achievement Medal with Combat Distinction—the Campaign Action Ribbon—the Iraqi Campaign Medal—the Afghanistan Campaign Medal—and the NATO Forces Medal. Brian D. Carchedi age 29 of Mashpee. Officer Carchedi graduated from the 49th Municipal Police Officers Class of the Plymouth Regional Police Academy on September 13, 2007 where he finished ranking number 1 in Physical Fitness and number 3 in Academics. Officer Carchedi was born and raised in Plymouth and is a Class of 2002 graduate of Plymouth High School where he was a member of the National Honor Society—the Student Council—and played baseball and hockey. While at Plymouth High School Officer Carchedi served as the Captain of the hockey team and was the four time recipient of the Student-Athlete Award—and ranked 11th overall in a class of 335 students and number 1 male graduate. Officer Carchedi is also a graduate cum laude of Stonehill College with a Bachelors of Arts Degree in Criminal Justice and Middle Eastern and Asian Studies. Officer Carchedi has served with distinction for the past 5 years as a fulltime police Officer with the Orleans Police Department and is a certified First Aid and CPR Instructor—a certified Police Motorcycle Operator—and a certified SWAT Operator. I would also like to take this opportunity to express my appreciation for this amazing team that is known as “The Yarmouth Police Department”. I do not always have the opportunity to see first- hand everything that our Officers do but I do see and know enough that I am thoroughly impressed. I constantly hear from citizens and business owners about the excellent service that our Officers are providing. . The pride that is felt when hearing these comments causes a drive to work harder for our Officers and for you. On a daily basis The Yarmouth Police Department is ready to serve and protect and accept any challenges that come our way. The following is a recap of some actions that have taken place over the past year:  Our CodeRED community alert system continues to be very popular with our citizens as it provides Yarmouth officials the ability to keep our citizens informed quickly and professionally by delivering important community messages to targeted areas or neighborhoods, or the entire Town of Yarmouth through personalized messages via voice, email, and text.  Our Dispatchers and Patrol Officers have handled over 40,000 of calls for service this year including over 1,800 arrest and criminal applications along with 6,357 vehicle stops.  The Street Crime Unit has generated over 250 arrests between Barnstable and Yarmouth and has directly resulted in a reduction of violent crime. 182  Our SWAT Officers continue to fine tune their skills and the Regional Team is growing in numbers and experience.  We recognized our 25 Year Silver Anniversary of full-time Police services at Dennis- Yarmouth Regional High School. Since 1987, our School Resource Officers continue to set the standard and provide services that many communities are now striving to meet.  The Detective Division has the highest clearance rate for burglaries on Cape Cod.  Our Cape Cod Drug Task Force Officer is working many investigations that are progressing favorably.  The K9 Unit is operating at a dedicated and professional high level that is rare.  Our Sergeants have worked with one third of the Patrol Force with less than 2.5 years of Yarmouth Police experience. Sergeants always seem to get the job done even when the conditions are less than ideal.  The Records and Court Divisions continue to provide excellent service especially with the addition of the Drug Turn-in Box.  Our team of outstanding Volunteers in Police Services Citizen Volunteers provided hundreds of hours of non-paid service to our Police Officers and Visitors on a daily basis at Yarmouth Police Headquarters I could go on and on and forget acknowledging the endless good work that is taking place. You have probably noticed the new cruiser design. Several designs were developed by interested Officers and our school children were allowed to vote on and select the final design. I thank the kids for their involvement and it was with great pleasure to view their enthusiasm when casting their votes. The generosity and caring for our citizens especially our children and elderly is splendid. During 2012 our Officers participated in the following community events in addition to their regular duties:  2nd Annual Polar Plunge for Seniors  2nd Annual Secret Santa for Seniors  2ndt Annual ‘Shop With a Cop’  USMCR Toys for Tots  MADD Annual ‘Tie One on For Safety’ Red Ribbon Campaign  3rd Annual Nicholas G. Xiarhos Memorial Blood Drive  19th Annual Citizen Police Academy  7th Bi-Annual Prescription Drug Turn Day  Read Across America Celebration—Dr. Seuss Day  National Drug Enforcement Administration ‘Maltz Fitness Challenge’  1st Annual Wounded Warrior Project Cape Cod Bicycle Ride for Wounded Veterans  7th Annual Barnstable County Law Enforcement Torch Run for Massachusetts Special Olympics  16th Annual Mock Impaired Driving Crash at DY High School  4th Annual ‘Touch A Truck’ Community Fundraiser  3rd Annual Memorial ‘Big Nick’s Ride for the Fallen’ Motorcycle Ride  Operation Safe Ride Home  National ‘31 Heroes Workout to Remember’ CrossFit Fitness Challenge  2nd Annual National Night Out Against Crime 183  Permanent Drug Turn in Box at YPD  Establishment of Bike Patrols to Crime Watch Neighborhoods  Citizen Advisory Team led by Lieutenant Patrick Carty  Senior Center Lecture Series  1St Annual Police Chief Ted Reynolds Memorial Fitness Award Day  5th Annual YPD BLUE 5K Run for a Reason  Food Drives for Yarmouth Food Pantry  Food Drives for DY School Children and their Families  ‘Movember’ to Help Stop Prostrate Cancer  Assist Town and Business Leaders with ‘Hurricane Sandy’ Support of New York  Assist Town Agencies and Elected Officials with Support of Newtown, CT It is significant to note that it is common amongst many that we often feel as though we can do better or we criticize ourselves for not performing well. Many have made a habit of asking ourselves, “Am I doing my best?” or “How can we get better?” This attitude is great and will drive improvement which must continually take place in a police organization. Sometimes we beat ourselves up because we are not perfect. Instead of dwelling on what is wrong, our TEAM concentrates on suggesting and making improvements. One area that is apparent is that we need to protect the most vulnerable in our community. By this I mean our school children, special needs, and elderly. In the short term I believe we can contribute more to school safety with our current resources. We will be shifting some assets towards school security in order to protect our school children and teachers. In this day and age we can no longer expect that teachers and school administrators to protect our children with pens, paper and books. We will provide a presence that will hopefully be a layer of deterrence and protection for the six schools in our town. There will be serious dialogue with public safety, school administrators, elected officials and other partners on a comprehensive long term school safety plan. Our vision is clear and our core values are strong. The results of Community Policing in Yarmouth are very positive and the investment in public safety continues to pay big dividends. Crime in several areas is down, neighborhoods are more secure, and the growth of tourism and economic redevelopment continues to improve as we move forward to make Yarmouth…the Safest Community in the Region. Respectfully submitted, Frank G. Frederickson Chief of Police 184 911 hang up 139 181 -23% Intimidation 75 94 -20% Alarms 1,349 1,391 -3% Incest 0 0 0% Drug Overdose 16 16 >100% Statutory Rape 18 12 50% Domestic Disturbance 420 385 9% Crimes Against Persons 459 621 -26% Fire 65 72 -10% General disturbance 344 398 -14% Drugs/Narcotic Violations 100 182 -45% Missing person 64 84 -24% Weapons Law Violations 16 18 -11% Motor vehicle stop 6,462 6,836 -5% Crimes Against Society 116 200 -42% Suspicious activity incidents 1,856 1,832 1% Warrant service 230 355 -35% E911 calls 0 13,623 -100% 185 2012 LOGGED ACTIVITY 2012 2011 Change 2012 2011 Change DISPATCH CALL REASONS CRIMINAL OFFENSES Calls for Service 40,521 37,824 7% Negligent Manslaughter 1 0 100% Citations issued 1,582 1,748 -9% Kidnapping/Abduction 2 9 -78% Accidents (total) 549 540 2% Forcible Rape 9 19 -53% Accidents (fatal) 2 3 -33% Forcible Sodomy 1 1 0% Incident reports 2,270 2,097 8% Forcible Fondling 4 2 100% Arrests 1,821 1,943 -6% Aggravated Assault 130 161 -19% Unattended Death 25 36 -31% Simple Assault 219 323 -32% MUNICIPAL INSPECTIONS BUILDING DEPARTMENT The Building Department’s objective is the protection of the lives and property of the residents, guests and visitors to the Town of Yarmouth, and contributes to the economic development through enforcement of the Massachusetts State Building Code as well as other associated codes and bylaws. These include, but are not limited to Town of Yarmouth Zoning By-laws, National Electric Code, Massachusetts Plumbing and Gas Codes, and the Architectural Access Board (Handicap Access Code). In enforcing these codes we review architectural and engineered plans, issue permits when complete applications are received and meet all of the legal requirements, perform inspections, answer code and bylaw questions, investigate complaints, and write violations when necessary. The Building Department also responds to emergency situations, (fires, floods, storm damage and vehicle impacts) along with the Fire and Police Departments. The Building Commissioner is Chairman of the Site Plan Review Team, and a member of the Motel Team, Projects Oversight Team, and has staff present whenever the Emergency Operations Center is declared open. All of our inspectors are required to be licensed in their respective field and maintain certification using a State approved curriculum. We receive these CEU’s through affiliations with numerous organizations. The credit hours are discounted to members with many classes available. Some of these affiliations are: SEMBOA - Southeastern MA. Building Officials Assoc. MBCIA – MA. Building Commissioners and Inspectors Assoc. IAEI – International Assoc. of Electrical Inspectors MECA – MA. Electrical Contractors Assoc. Cape Cod Plumbing and Gasfitting Assoc. New England Plumbing and Gasfitting Assoc. Fiscal year 2013 has seen a sizable increase in fees collected due to the increase in the number of building, electrical, and plumbing and gas permits. The inspections associated with those permits have also increased. Every year the Building Department in conjunction with other departments conducts inspections on over 3500 hotel and motel rooms to verify that all rooms can be safely occupied and are compliant with current Building Codes. Liquor license inspections totaled 68, not including reinspections when found to be non-compliant. These inspections are required by state law and also include several other departments as part of a team approach. The Building Department continues seeking ways to provide excellent service to the public. Since June of 2012 the Wiring and Plumbing Inspectors have been available to the public starting at 7:00 am. This has been well received by contractors and homeowners alike. With the creation of a Building Permit Amendment form, changes to existing building permits can be done without requiring the applicant to complete a new building permit application in many cases. We are also assisting in the implementation of an online permit application program that will allow other Town departments and the public to better access permit and property information, which in turn allows us to improve our services. We expect this to be a very busy year with several large scale commercial projects expected to be permitted this year. 188 The Building Department looks forward to continue serving the public in the coming years and we appreciate your support. Respectfully, Mark Grylls CBO Building Commissioner Activity for Fiscal Year 2012 ending June 30, 2012 is as follows: TYPE 2012 2011 2010 New Dwellings 14 31 19 Multi-Family 0 1 0 Commercial 101 234 145 Additions/Alterations 1517 1328 1321 Demolition 23 27 2 Use & Occupancy 43 50 50 TOTAL 1698 1671 1537 # OF PERMITS FEES COLLECTED BUILDING PERMITS 2012 2011 2010 2012 2011 2010 Inc. Use & Occ. 1698 1671 1537 177,646.00 207,842.00 $192,813.00 Wiring Permits 1217 1505 1116 88,896.00 112,977.50 $84,940.00 Plumbing Permits 696 818 656 50,730.00 57,690.00 $49,178.00 Gas Permits 807 865 729 42,220.00 45,155.00 $40,140.00 Cert. of Inspection 225 225 240 29,805.00 32,494.00 $27,263.00 New Sign Permits 158 147 106 4,880.00 5,200.00 $4,260.00 Re-Inspections 90 93 101 7,230.00 7,410.00 $8,070.00 Lot Inquiries 15 16 20 1,125.00 1,200.00 $1,500,00 Family-Related Apts. (Inspections required every 2 years). 3 7 13 75.00 175.00 $325.00 Trench Permits 256 364 322 12,800.00 13,915.00 $16,100.00 Violations/Fines Bld. Code Collected. 0 0 4 100.00 0.0 $600.00 Multi-family 1 9 3 1279.00 2,555.00 $105.00 TOTAL 416,786.00 486,613.50 $425,189.00 INSPECTIONS PERFORMED 2012 2011 2010 PLUMBING/GAS 2012 2011 2010 Building Insp. 4186 4406 4866 Permit Inspections 1806 1445 1860 Certificates of Inspections 317 279 360 Fires 2 3 1 Sign Code/Violation 200 235 12 Miscellaneous 86 65 118 Stop Work Orders Posted 5 19 44 Stop Work Orders Verbal 25 37 67 189 Zoning Related 126 312 Permit Inspections 2540 3181 2813 Old Kings/Historic 0 0 6 Fires 14 14 13 Liquor License w/o Certificate of Inspection 20 13 20 Miscellaneous 20 14 14 Impact Team 12 3 12 Building Code- Violation Visits 74 83 128 COMPLAINTS 2012 2011 2010 Fire Responses 14 12 17 Building 127 115 108 Zoning 142 156 301 Unregistered/junk Motor Vehicles 38 41 108 MISC. ACTIVITY 2012 2011 2010 Boats & Rec Vehicles 11 5 16 Site Plan Review 25 21 18 Historic 0 0 2 Other 11 561 Unsafe Structures 13 20 27 Court Activity 31 15 36 Sign 64 235 223 Construction Supervisor License Hearing’s 0 1 2 Citations 68 61 55 Architectural Access Board Handicapped Matters 2 2 9 BOARD OF HEALTH The year 2012 again witnessed the continuation of many Board of Health programs designed for protection of the environment and public health. During the year the Board worked with the County Extension Service in informing the public about the proper disposal of medications for the protection of the community’s drinking water, as well as for the protection of ponds, rivers and coastal estuaries. The Police Department, which has been the lead agency for this program, now has an unwanted prescription drug collection box which is available 24/7, located at Police Headquarters. This was the third year of the town’s Farmers Market located at the Cultural Center in South Yarmouth. The Health Division oversaw the weekly food, vegetable and shellfish offerings. The Department of Public Health beach regulations went into effect during the summer of 2010. The regulations expanded the current water sampling requirements, and addressed posting signs informing bathers of water quality testing. The Health Division oversees the testing of twenty- two salt water and ten fresh water beaches on a weekly basis, from Memorial Day to Labor Day. The department closed several beaches for a day duration, due to high bacteria counts after rain storms or from water fowl. Testing results can be viewed on the division’s website. The Board held workshops on ticks, Lyme Disease, mosquitoes, West Nile Virus, and Eastern Encephalitis. Presentations were made by representatives from Cape Cod Mosquito Control and ELECTRICAL 2012 2011 2010 INSPECTIONS PERFORMED 2012 2011 2010 190 the Cape Cod Cooperative Extension Service. The Board also discussed railroad right of way spraying, and a sun safety initiative. The Board had a presentation from the town’s Golf Division Director on maintenance and reduced fertilization of town golf courses. The Board also met with the High School regarding medical assistance at high school athletic events. The Board of Health held 16 meetings in 2012. Discussions included the above topics, along with discussions on septic system variances for new home construction and septic repairs, beach water quality, rabies baiting, and flu shot clinics. The Board also discussed Health Division emergency planning, which included a meeting with the Director of the County Medical Reserve Corps. Ongoing programs include inspections conducted by the Health Division Office staff of restaurants, retail food stores, motels, cabins, camps, public swimming pools and whirlpools, rental housing units, along with responding to various complaints received by the department involving trash, overflowing sewage, rodents, and housing complaints of overcrowding, noise, no heat or no water, etc. The division office also performed soil analyses to determine suitability of building lots. The Health Division Office staff reviewed all Building Division permit applications to ensure adequacy of the septic system as required by State law, prior to the issuance of any building permit. The staff also attended Commercial Site Plan Review meetings to ensure that all new construction and renovations met with all health codes, i.e., septic systems, and groundwater protection. The Health Division Office continued to oversee three grants during 2012. The first grant was from the State Department of Public Health for tobacco control, to offer education and cessation programs, control smoking in public places indoors, and conduct compliance inspections. The second grant was for assistance to moderate income families for pumping their septic systems. The third grant was for the assistance to families for the repair of septic systems. RABIES CONTROL PROGRAM Amy von Hone, Assistant Health Director, coordinated the Rabies Control Program. Rabies is a disease caused by a virus which attacks the central nervous system and the brain. There are numerous strains of rabies that are species specific that exist throughout the world and this country. Bat rabies has been endemic in this state for many years. Although certain animals are more sensitive to a particular strain of rabies, the disease can be transmitted between warm- blooded species, which includes pet cats and dogs, and even to humans. Because the virus concentrates in the saliva of the infected animal, the disease is usually transmitted by a bite or scratch, or by contact with the infected saliva. Massachusetts has been infected by the Mid-Atlantic strain of raccoon rabies since September, 1992. In response to the discovery of rabies in Massachusetts, an Oral Rabies Vaccine Baiting Program (ORV) was instituted to prevent the spread of rabies on Cape Cod. Bait containing rabies vaccine was distributed along the Cape Cod Canal to vaccinate our wildlife against the rabies disease. The program was successful for about 10 years. After the initial breach of the disease to Cape Cod in 2002, Yarmouth’s first rabid raccoon was discovered in September, 2004. Yarmouth has participated in the ORV program since 2005, as the baiting program has shifted eastward from the canal to Provincetown. Yarmouth conducted two modified baitings (April and October, 2012) this year targeting raccoon habitat within town borders through the placement of bait stations and distribution by hand with the help of Health Division and Natural Resources Division personnel. The United States Department of Agriculture (USDA), which is the only remaining funding source of the ORV program, continues to study and modify the program to provide the most benefit with the limited vaccine supplies due to funding cuts. 191 For the last four years, there were no terrestrial animals, wild or domestic, that tested positive for rabies from Provincetown to Yarmouth. The vaccine baiting zone for the last two years has been shifted westward from Chatham to Barnstable with the intent of pushing the disease back toward the Cape Cod Canal and eventually off the peninsula. The success of the program due to its collaborative efforts between the many Federal, State, municipal and private agencies has been recognized nationally and is being used as a model for programs elsewhere. This year, one bat tested positive for rabies in Yarmouth, however, this was a bat strain of rabies which has been endemic in the bat population for many years, In general, the level of bat rabies in the bat population is very low, but interestingly, most human cases of rabies in the United States is from the bat rabies variant. This is probably due to the fact that a bat bite or scratch is very small and often times goes unnoticed by the exposure victim who does not seek adequate medical attention. Exposures to bats must be taken seriously and reported to the Health or Natural Resources Divisions for appropriate evaluation. Additionally, pets are often the first contact with bats discovered in homes and buildings, therefore, it is imperative that pet vaccinations are kept up to date. Even though we have not had any rabies positive specimen over the last four years, the potential still exists. All town departments involved with our rabies response continue to make the extra effort to respond to inquiries as quickly as possible to prevent any further exposures to both humans and pets. A tally of the animals tested in Yarmouth is listed below: Tally of Animals Tested 2012 2010 2010 Cats 2 9 4 Dogs 0 4 (2 unsatisfactory)2 Raccoons 0 1 1 Skunks 2 2 3 Squirrels 1 0 0 Opossum 0 1 0 Woodchuck 0 1 0 Bats 13 (1 positive; 1 unsatisfactory) 4 (1 unsatisfactory)4 (1 unsatisfactory) Muskrats 0 0 0 Coyotes 1 0 0 Animals Total: 19 (1 bat tested positive for rabies) 22 (0 tested positive for rabies) 14 (0 tested positive for rabies) All animals tested were involved with either a human or pet exposure. The Health Division is especially grateful to the Division of Natural Resources and Animal Control, who have continued to be a key component of the town’s rabies response team. Their timeliness, knowledge and professionalism have made a potentially dangerous environment much safer for our town’s citizens and pets. Additionally, we wish to express our appreciation to Animal Inspector Marilyn McIntyre for her professionalism with animal quarantines and barn inspections, and to local veterinary offices Hyannis Animal Hospital, Veterinary Associates of Cape Cod, and Cape Wildlife Center (H.S.U.S.) for their help and expertise with ongoing rabies and quarantine cases. 192 As always, the Health Division emphasizes the importance of vaccinating all cats and dogs, as required by law, to prevent the spread of rabies. Because household pets, especially cats, are the common link between infected wildlife and humans, pets must be properly restrained and identified. Humans should avoid contact with all stray animals and wildlife and should notify the Health Division Office or Division of Natural Resources immediately in the event of a potential rabid exposure (human or pet) or the sighting of a strangely acting animal. PREVENTIVE HEALTH PROGRAMS The Board of Health offers health preventative programs, such as Preschool Immunizations, Diabetic Screenings, Nutritional and Adult Health Counseling Clinics. VISITING NURSE ASSOCIATION OF CAPE COD, INC. The V.N.A. is contracted by the town, and provides health oriented instructional care and services to individuals and to entire families in the home or other appropriate locations. The agency has been serving Yarmouth residents for over 75 years. Comprised of nurses, home health aides, therapists and social workers, the skilled V.N.A. staff works closely with the Health Division Office to provide the highest quality and most advanced home care available today. On-going programs under the Board of Health include: health counseling/screening sessions, such as diabetic, hearing and cholesterol; flu clinics; maternal/child care visits and adult home health assessments; also monthly immunizations for preschool children are held at the V.N.A. office. Health promotional programs included information and encouragement to first time mothers. The services provided by the V.N.A. are as follows:  Office Visits  Special Programs  Walking Program  Medical Social Work  Office Immunizations  Ask a Nurse at the Senior Center  Visits for Maternal/Child Health  Children for Preschool Immunization  Hours for Health Counseling/Screening  Investigation of Communicable Diseases  Hours for Flu Clinic and Pre-filled Syringes  Bike program at the Marguerite E. Small Elementary School HEALTH CLINICS AND INSTRUCTIONAL COURSES Additional or expanded services are continually under review by the Board. Again planned for the upcoming year are the annual Flu Clinics (approximately 350 seasonal flu shots in October 2012), multiple educational programs, Skin Saver, Breast Mammography, Cholesterol Screening, Glaucoma Clinics, a Health Fair at the Senior Center, and a walking program. In conjunction with the Yarmouth Restaurant Association, the Health Division Office staff offered a ServSafe course for food service establishments. The Health Division Office also assisted in scheduling a series of pool safety certification courses for motel personnel, which included C.P.R. and Standard First Aid. 193 BATHING BEACHES WATER QUALITY The Massachusetts Department of Public Health adopted a new regulation, which became effective in April 2001, requiring bathing beaches to be tested weekly. The Department of Public Health’s intent is to protect the health, safety and wellbeing of the users of bathing beaches. The Yarmouth Health Division, in conjunction with the Barnstable County Health Department, conducted multiple testing at 24 salt water and 10 fresh water bathing beaches on a weekly basis from Memorial Day through Labor Day. A total of 439 samples were collected. Over the course of the summer, a total of five beach closures occurred due to elevated bacteria levels probably caused by runoff from heavy rains. All beaches were reopened within 24-48 hours after successful retests. WEST NILE VIRUS ENCEPHALITIS PROGRAM West Nile Virus (WNV) encephalitis is a rare disease caused by a virus. In a small percentage of people, the disease can become serious, even fatal. The virus that causes WNV encephalitis, which had not been identified in the United States before the summer of 1999, occurs naturally in Europe, Africa, and Asia. It is not known where the U.S. virus came from. The virus grows in birds, and it is transmitted from bird to bird and from bird to humans by mosquitoes. Horses bitten by mosquitoes carrying WNV can also become sick. Mild WNV infections cause fever, headache and body aches, often with a skin rash and swollen lymph glands. More severe infections can cause headache, high fever, neck stiffness, stupor, disorientation, coma, tremors, convulsions, paralysis and, sometimes, death. There is no treatment for WNV infection. About 7% of people who are infected with the virus die from it. However, doctors can treat the symptoms of WNV encephalitis. WNV is spread only by mosquitoes that are infected with WNV. People and horses that have WNV infection cannot spread the disease. There is no evidence that a person can get WNV from handling live or dead infected birds. Still, you should avoid bare-handed contact when handling dead animals, including birds. If you must handle dead birds, use gloves or double plastic bags. The risk of getting WNV encephalitis is highest from late July through September. The virus is spread by adult mosquitoes, which are killed by frost in the fall. There is no WNV vaccine for people or horses. The only way to protect yourself is to keep mosquitoes from biting you. Follow these steps every summer if you live in or visit an area with mosquitoes:  Avoid outdoor activities after dark (between dusk and dawn), if possible, as this is the time of greatest mosquito activity.  If you must be outdoors when mosquitoes are active, wear long-sleeved shirts and long pants. Use mosquito repellent that contains DEET (the chemical N-N-diethyl-meta- toluamide) and follow the directions on the label. DEET can be toxic if overused. Never use DEET on infants. Avoid using repellents with DEET concentrations above 15% for children and with concentrations above 35% for adults. Cream, lotion or stick formulas are best. Avoid products with high amounts of alcohol.  Take special care to cover up the arms and legs of children playing outdoors. When you bring a baby outdoors, cover the baby’s carriage or playpen with mosquito netting.  Fix any holes in your screens and make sure they are tightly attached to all your doors and windows. 194 To reduce mosquito populations around your home and neighborhood, get rid of any standing water that is available for mosquito breeding. Mosquitoes will breed in any puddle or standing water that lasts for more than four days. Here are some simple steps you can take:  Dispose of metal cans, plastic containers, ceramic pots and other water holding containers that have collected on your property.  Pay special attention to discarded tires that may have collected on your property. Tires are a common place for mosquitoes to breed.  Drill holes in the bottom of recycling containers that are left out doors, so that water can drain out.  Clean clogged roof gutters.  Turn over plastic wading pools and wheelbarrows when not in use, and do not allow water to stagnate in birdbaths.  Aerate ornamental pools or stock them with fish. Keep swimming pools clean and properly chlorinated.  Use landscaping to eliminate standing water that collects on your property. Due to State budget cuts for FY2010, the collection and testing of dead birds was halted in the summer of 2009. The Health Division would like to emphasize that all citizens should continue to follow the above guidelines and precautions to avoid illness. TOBACCO CONTROL PROGRAM The Yarmouth Board of Health adopted a regulation prohibiting smoking within restaurants, lounges and bars, effective April 3, 2000. The towns of Barnstable and Dennis also enacted similar regulations. The Massachusetts Smoke-Free Workplace Law went into effect on July 5, 2004. As a result, all fifteen Cape towns prohibit smoking in public places. Several compliance checks were performed in the past with no violations observed. The Health Division continues to work with the Cape Cod Regional Tobacco Control Program in offering education, smoking cessation programs, and compliance checks. SEPTIC SYSTEMS PROGRAM The State Title 5 Septic Regulations that took effect in March of 1995 continue to inundate the division office with inquiries, requests for deep and perc tests, plan reviews, permits and final septic inspections. The office at one time had 50 people waiting for perc/deep testing, along with a three week wait for review of engineered septic plans. Many of these were for the installation of septic systems for Real Estate sales, new construction, construction/renovation, and septic repairs. To meet this need the division engaged the County Health Department to assist in witnessing deep and perc testing. The Board has delegated authority to Health Division staff to approve septic repair variances “in house” after review of engineered plans for maximum feasible compliance, to expedite the permitting process. The staff reviewed and approved 108 septic variances under this criterion. The new Title 5 Regulations also require the division office to review and comment on septic system evaluation reports on every Real Estate sales transaction. There were 565 Septic Inspection Reports reviewed between January and December 2012. Subsurface Sewage Disposal Systems – Breakdown of Information: 2012 2011 2010 Variances – Maximum Feasible Compliance 108 84 100 Building Foundation Height Variances/Review 0 3 2 Private Sewage Treatment Plant Reports 96 96 96 Final Sewage Installation Inspections 369 426 573 Engineered Sewage Plans Reviewed 921 814 987 195 Deep Hole/Percolation Tests 469 437 577 Repair Permits Issued 246 236 314 New Permits Issued 16 18 34 Field Visits 91 75 96 Starting in the year 2000, the State Title 5 septic regulations affected people living within the town’s Zone II drinking watershed areas. New construction and additions/renovations increasing septic system flows are now required to size the septic system at 110 gallons per bedroom per 10,000 square feet of land. This section of Title 5 is for the protection of the drinking water. With this new section of the regulation in effect, the Board of Health rescinded their 1986 Nitrate Loading Regulation, which placed a restriction on the number of bedrooms and lawn area. The Board of Health continues to monitor the first approvals in the State, from the Department of Environmental Protection, to allow an alternative septic technology installation. Alternative Septic Technology Systems:Residential Commercial Bioren 1 0 F.A.S.T. 38 8 Bioclere 12 13 Singulair 21 0 Jet 1 0 SeptiTech 1 0 Waterloo Biofilter 1 0 Incinolet 0 1 Amphidrome 1 1 Advantex 3 0 Pirana 0 4 White Knight 1 0 Aero-Stream 2 0 Perc Rite 3 0 Aerobic Hoot 1 0 Total Alternative Systems 86 27 THE SEPTIC MANAGEMENT PROGRAM This program, which is administered by the Health Division Office, was responsible for many of the town’s failing septic systems being upgraded. Continuing implementation of this program includes: septic system maintenance pamphlets, consultations, along with sewage system location cards and pumping histories that are provided by the Health Division staff to assist homeowners in locating their septic system for routine maintenance pumping. As required by State law, the Health Division Office reviews all Building Permits to determine the adequacy of the septic system for all projects involving building alterations and/or renovations, and requires upgrading of all cesspools to a new septic system, which is helping to ensure protection of the town’s groundwater quality. As a condition of receiving Federal and State assistance for the construction of the septage treatment facility, the Board of Health was required to adopt a septic system inspection and maintenance regulation, to protect the public health and our vital sole-source water supply. In order to ensure that a septic system continues proper operation, it is necessary from time to time to remove the accumulated solids and sludge from the bottom of the septic tank or cesspool. It is particularly important to keep the solids from being carried over into and clogging the leaching system. The rate of accumulation of solids is primarily related to the intensity of use 196 (i.e., how many people are using the septic system; is the septic system used all year or only seasonally; is a garbage grinder used - not recommended), so the time interval between pumpings will vary for each home. Therefore, the regulation requires that all systems be pumped every four years. The free inspections offered by town agents to determine if a septic pumpout is needed was discontinued due to budget cuts. HEALTH AND ENVIRONMENTAL SERVICES GRANT PROGRAM The Yarmouth Board of Health was required to adopt regulations requiring the pumping of septic tanks once every four years with certain waiver provisions. This requirement was a result of an E.P.A./Massachusetts Department of Environmental Protection grant of monies to the town for construction of the Septage Treatment Plant. This grant encourages assistance to low and moderate income residents in complying with the regulation, as well as assistance in repairing/replacing failed septic systems. Oil tank removal and replacement is no longer funded. Carl Lawson oversees the installation and repair portion of the program, while Brian Heaslip oversees the septic pumping reimbursement portion. The statistics for grant awards are as follows: Septic System Repairs: 2012 2011 2010 Low Income 1 0 0 Very Low Income 1 0 2 Extremely Low Income 4 1 0 Did Not Qualify 2 1 0 Withdrew 2 0 8 Septic Pumping: 2012 2011 2010 Low Income 11 10 4 Very Low Income 8 4 1 Extremely Low Income 6 0 2 PRIVATE TREATMENT PLANTS The Health Division continued to monitor and review engineered plans, and monthly operational and maintenance reports, along with the Department of Environmental Protection (D.E.P.), for private sewage treatment facilities. There are presently operating within the town the following private treatment plants: 1. Buck Island Condominium 94 Living Units: 50,000 GPD on 32 acres, 1978 2. Cove Motel Route 28 - 229 Time Sharing Units, 194 Seat Restaurant, and Health Facility: 39,900 GPD on 23.6 acres, 1986 3. King’s Way Route 6A - 667 Living Units (including 191 “Senior Living Units”), 123 Seat Restaurant, General Store, Post Office, Pool Club House, Golf Club House, Health Facility, and 18 Hole Golf Course: 165,000 GPD on 200 acres, 1988 4. Mayflower Place Buck Island Road - A congregate care retirement community consisting of 102 Congregate Living Units, and a 72 Bed Nursing Home: 25,000 GPD on 40 acres, 1989 5. Thirwood Place At Flax Pond, North Main Street - A congregate living facility for the elderly comprised of 188 Living Units, and a 90 Seat Dining Hall: 24,000 GPD on 45 acres, 1989 197 6. Mill Pond Village Camp Street – Housing complex consisting of 136 houses: 45,870 GPD on approximately 27 acres, 2006 7. D-Y Regional High School Station Avenue – 17,000 GPD, 2006 HAZARDOUS MATERIALS ACTIVITIES Carl Lawson is the town’s Hazardous Waste Inspector. Carl’s duties include administering the Board of Health regulation, “Handling & Storage of Toxic or Hazardous Materials,” to approximately 170 businesses within the town, to ensure all businesses are handling and storing hazardous or toxic materials properly, for the protection of the environment and public health. The regulation was adopted by the Board of Health on March 26, 1990 and requires annual registration and licensure for those businesses handling or storing toxic or hazardous materials or generating hazardous waste in the Town of Yarmouth. HAZARDOUS WASTE ACTIVITES: 2012 2011 2010 Board of Health Hearings 1 2 0 Businesses Contacted 239 264 268 Businesses Inspected 231 208 185 21E Site Research 5 9 3 Licenses Issued 72 173 150 Letters Issued 2 -- -- Field Visits 127 116 67 Water Sampling 6 26 6 Hazardous Materials Complaints: Radon 0 0 0 Asbestos 1 2 0 Fuel Tanks 0 0 0 Oil Spills 5 5 6 Toxic Chemicals 1 3 0 Medical Waste 0 1 0 Mold 3 1 1 Miscellaneous 6 8 3 Follow ups 132 232 51 D.E.P. Confirmed Hazardous Sites: Active 37 35 37 Closed 93 90 85 Field visits 0 5 0 Follow ups 0 1 0 Miscellaneous 43 46 43 Anniversary Park -- -- 148 Administrative: Site Plan Review Meetings 3 4 0 Committee Meetings 10 7 9 Meetings Away 10 18 15 Overtime Hours 0 0 0 Bldg. Use/Occupancy/Commercial Reviews 92 75 0 HUD Grant Reviews – Septic Repairs 506 316 435 Plans Reviewed 0 0 0 198 Board of Appeals Reviews 3 8 0 Emergency Management 232 276 272 Emergency Management Meetings 9 18 16 Lead Issues 8 -- -- Fuel Tank Registration 77 -- -- Miscellaneous 1,585 1,934 1,716 Mileage 4,080 3,857 3,391 Fees Collected $26,270 $26,650 $25,550 Carl had overseen the Annual Collection of Household Hazardous Materials, but the program was eliminated in 2009 due to Health Division budget reductions. Budget reductions also forced elimination of Yarmouth resident participation in the joint Barnstable/Yarmouth collections at the Town of Barnstable Transfer Station. The Solid Waste Division, along with the Cape Cod Cooperative Extension Service, was able to hold one collection on July 28, 2012 at the Senior Center. Three hundred nine (309) cars representing 341 households attended the collection, and disposed of 3,660 gallons or 16,805 pounds of hazardous products. The average weight of waste per car was 54 pounds. Carl is responsible for monitoring those sites listed as Confirmed Hazardous Waste Sites by the Department of Environmental Protection (D.E.P.). Carl’s duties also include monitoring the clean-up actions of these sites. In the past these clean-up actions included the use of soil vapor extraction systems, or the use of air stripping towers for cleaning groundwater. Other clean-up methods involved the removal of contaminated soils and natural attenuation monitored by sampling groundwater wells. Carl coordinates public health emergency planning as required by the State Department of Public Health. This planning includes emergency dispensing sites, KI distribution, attending State and regional meetings, and monthly meetings with representatives from Police, Fire, the County Health Department, the Department of Public Health, the Medical Reserve Corps, and the School Department. HOUSING PROGRAM This program is administered by Brian Heaslip. Housing rental units are monitored and inspected according to the 1976 Town Rental Bylaw. All rental properties are required to be registered annually with the Health Division. Brian also enforces the Massachusetts Department of Public Health housing regulations and is a member of the town’s Code Enforcement Team formed in 1998. The Team consists of representatives from the Health, Police, Fire and Building Departments. Housing & Space-Use Bylaw Program Statistics 2012 2011 2010 Water Shut Offs Reviewed 686 335 451 Housing Complaints Received: Overcrowding Bylaw 18 9 24 Anti-Noise Bylaw 1 0 1 Trash/Rubbish 136 165 88 Sewage 27 33 28 Other 203 138 138 Follow Ups 345 337 244 Court Attendance 0 0 10 Meetings 56 48 51 199 Number of Registered Units 2,218 2,166 1,756 Housing Inspections 774 873 827 Permits Issued 1,676 1,850 1,660 Letters Issued 47 61 85 Fees Collected $133,080 $107,260 $87,800 Bulk Mailings 2 2 2 Property Loss/Transfers 12 -- -- Miscellaneous 375 316 298 Follow Ups 1,211 931 960 Mileage 7,288 7,320 6,788 OTHER ACTIVITIES The Health Division continues to add to and maintain many of its administrative functions for monitoring the public health and environment, which includes the following programs: underground gasoline storage tanks, hazardous waste, right to know, septage pumping data for all residential and commercial buildings, nitrate loading restrictions, complaints, housing rentals, dog bite reports, food service, swimming pools, well water analysis, along with pond, river, and coastal water analysis. As in prior years, 2012 saw the Health Inspectors continue to work toward higher public health standards through their attendance of, and their involvement in, meetings, seminars, and conferences, sponsored by the State Department of Public Health, the Massachusetts Environmental Health Association, the Massachusetts Health Officers Association, Barnstable County Health Department Seminars and by serving on various State, town and county committees. The Director of Health’s appointment by the governor continues, for the twenty-fourth year, on the State Board of Registration for Certified Health Officers. The Board of Health held sixteen (16) meetings during 2012. Septic variance requests, hearings, workshops and updates were conducted by the Board as follows: A. Variance requests from town or State sewage regulations for construction of new septic systems for new construction – 10 requests – 10 approvals B. Variance requests from town or State sewage regulations for construction of new septic systems for repair of existing septic systems – 4 requests – 4 approvals C. Variance requests from town hazardous materials regulation – 2 requests – 1 approval – 1 continuance D. Update of Rabies Baiting Program – 3 E. Hearings – Motel licenses – 3 F. Hearing – Stable regulation variance – 1 G. Hearing – Violation of town and State food service regulations – 1 H. Beach water quality report – 1 I. Reports of Motel Project Team activities – 3 200 J. Human Service budget presentations – 16 K. Annual Report – Miss Scarlett’s Blue Ribbon Farm – 1 L. Discussions: Golf course fertilization – 2 Medical assistance at high school athletic events – 2 Railroad right of way spraying – 1 Water main flushing – 1 Disposal of sharps – 1 M. Presentations by Yarmouth Police Department – 2: - Drug Drop Off Box - “Stuff a Cruiser” for Yarmouth Food Pantry N. Presentations: New Bass River Farmers Market manager – 1 Relay for Life – American Cancer Society fundraiser – 1 Yarmouth in Motion – middle school bike riding program – 1 Sun Safety Initiative – County Medical Reserve Corps – 1 GreenCAPE – reduce use of pesticides – 1 Ribbons to Remember – ovarian cancer awareness and fundraiser – 1 Thanks go out to all the staff, Amy von Hone, Brian Heaslip, Mary Alice Florio, Peggy Rose, Carl Lawson, and Philip Renaud. We would also like to thank Lynn McIntyre as the Town’s Animal Inspector. Licenses/Permits Total Permits Issued Calendar Year 2012 2011 2010 Percolation/Deep Test 216 200 272 Cabins/Inns/Lodges/B&Bs/Camps 24 26 29 Motels 45 63 42 Food Service: 0-100 seats 92 102 96 Over 100 seats 26 33 34 Non-Profit Organizations 15 16 21 Common Victualler 102 113 113 Continental Breakfast 24 29 24 Catering/Commissary 1 2 3 Catering/Temporary Food, per event 39 33 22 Retail Stores: Less than 50 sq. ft. 11 13 20 Less than 25, 000 sq. ft. 41 44 41 More than 25,000 sq. ft. 3 3 4 Wholesale 5 5 6 Frozen Dessert 13 12 11 Mobile Food Vendors, per truck 0 1 1 Ice Cream Trucks, per truck 4 5 6 Vending Machines 1 2 2 201 Residential Kitchens 3 3 0 Sewage Collectors 30 34 32 Refuse Collectors 14 14 21 Board of Health Hearing Fees 12 3 3 (Only when abutter notification is required) Funeral Directors 5 5 5 Poultry: 1-9 chickens 9 3 6 10+ chickens 9 7 9 Stables 13 8 16 Each additional horse 33 19 48 Swine/Sheep/Goats: 1-8 animals 2 2 1 9+ animals 1 1 2 Farmers Market 6 6 3 Tattooing, Personnel 0 0 1 Tattooing, Business 0 0 0 Swimming Pools 82 97 78 Vapor Baths/Whirlpools 29 38 31 Septic Disposal Installer’s License 70 71 73 Title 5 Septic Permits: New 21 18 34 Repair 222 221 303 Title 5 Inspection Report Filing Fee 586 370 488 Call Back Fees/Fines 0 3 1 Trailer Park 1 1 1 Xerox or Computer Generated Copies $172.00 $197.50 $337.06 Tanning Facilities, per tanning device 8 8 8 Tobacco Sales 40 43 42 Establishment Name Change 0 0 0 Hazardous Waste 21E Fees 4 5 4 Hazardous Waste Licenses 175 176 169 Rental Housing Registrations 2,218 2,166 1,756 Grand Total Licenses/Permits 4,252 4,024 3,879 Grand Total Fees Collected $269,487.00 $241,578.50 $229,192.06 ADDITIONAL HEALTH DIVISION STATISTICS Inspections Performed: 2012 2011 2010 Inns, Motels, Cabins, Camps, Lodges 15 6 5 Food Catering Apps. Reviewed/Issued 1 1 2 Soft Ice Cream Lab Results 59 30 56 Food Service – Restaurants 496 437 401 Food Service – Schools 10 14 13 Continental Breakfasts 82 80 49 Temporary Food Booths 130 109 62 Whirlpool Lab Results 72 70 93 Whirlpool/Vapor Bath 70 76 89 Mobile Food and Ice Cream Vendors 2 7 7 Retail Food Stores 92 69 99 Stables/Poultry/Swine 6 6 2 202 Swimming Pools 221 217 240 Swimming Pool Lab Results 161 158 207 Water Sampling – Beaches 42 20 -- Suntan Booths 40 10 18 Miscellaneous 67 166 150 Communicable Disease Investigation: 2012 2011 2010 Campylobacter 6 9 5 Group A Strep 1 1 1 Tuberculosis 3 3 4 Salmonella 3 2 2 Babesiosis 11 11 2 Meningitis 0 0 1 Head Lice 2 0 0 Hepatitis 45 63 42 Giardia 0 6 4 Lyme 80 50 41 E.Coli 1 0 0 Other 39 21 17 Stool Kits Distributed 12 2 8 Follow Ups 281 321 264 General Inquiries 316 327 279 AIDS Inquiries 0 0 0 Rabies Inquiries/Testing 15 14 0 Sexually Transmitted Diseases Syphilis <4 <4 0 Gonorrhea 4 4 5 Chlamydia 46 45 42 HIV/AIDS – Cumulative/Living Not available --/-- --/-- Subsurface Sewage Disposal Reports Reviewed (for Real Estate Transfers):2012 2011 2010 Conditionally Passes 20 9 9 Further Evaluation 4 2 2 Passes 493 305 379 Fails 48 56 58 Total Reviewed 565 372 448 Complaints Received: 2012 2011 2010 Garbage, Debris, Rubbish 11 14 7 Swimming Pool 0 5 5 Whirlpool 0 0 0 Hazardous Waste 2 3 3 Animals/Rodents 16 10 2 Housing 2 8 3 Sewage 9 9 8 Food 31 14 18 Food Borne Illness 3 2 5 203 Miscellaneous 13 30 20 Follow-ups 115 90 66 Miscellaneous Health Division Statistics: 2012 2011 2010 Burial Permits Reviewed/Issued 163 210 218 Flu Shot Clinics: Seasonal Flu 2 1 2 HINI (Swine) Flu 0 0 1 Overtime Hours of Health Department Personnel 16.25 12.50 26 Commercial Site Plan Review Meetings 15 9 5 Site Plan Review Comment Sheets 16 9 10 Committee Meetings or Other 195 207 151 Meetings with Town Counsel 0 2 3 Board of Health Meetings 16 20 18 Night Meetings 18 29 24 Meetings Away 72 64 52 Building Permits Reviewed 319 342 370 Board of Appeals – Review Comments 25 45 54 Mileage (Total Department) 23,438 20,834 21,050 Animal Inspector Statistics: 2012 2011 2010 Dog Bite Reports/Quarantines 127 112 70 Cat Bite Reports/Quarantines 56 75 57 Barn/Poultry Inspections 26 22 22 Respectfully submitted, Bruce G. Murphy, MPH, CHO, R.S. Director of Health Master’s Degree in Public Health Certified Health Officer Registered Sanitarian Tanya Daigneault, Chairman Hillard Boskey, M.D., Vice Chairman Mary Craig, Clerk Evelyn P. Hayes Charles T. Holway Brian Braginton-Smith (resigned February 2012) 204 PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS (DPW) GEORGE R. ALLAIRE, DPW DIRECTOR Another year has passed and we continue to work on the Yarmouth-Dennis extension of the Cape Cod Rail Trail. The 25% design plans were submitted to Mass DOT for review and scheduling of a public meeting but right of way issues and costs caused some delays such that the public hearing has not been held. The project originally planned to extend the trail to Higgins Crowell Road but had to be shortened for now due to budget restrictions, so the phase 1 extension of the trail ends at the Peter G. Homer Recreational Facility at the existing trail in town which runs through Bayberry Hills Golf Course. The three bridges over Route 134, the Bass River and Station Avenue was a significant driver in the budget impacts. The DPW in partnership with the Town of Barnstable have submitted a Project Notification Form (PNF) to Mass DOT for a second trail extension from Peter Homer Park to Exit 6 of Route 6 where the trail will connect to the Claire Saltonstall Bike route, which is so designated along the Service Road. The Town of Sandwich is working on extending a bike route along the Service Road from exit 2 of the mid Cape Highway to Barnstable. Eventually the trail extensions may reach the Cape Cod Canal and Bourne. We have yet to meet with DOT to discuss this proposal but discussions should occur in the coming year. Our Yarmouth-Dennis trail extension got more complicated when we needed to do a rail with trails section between Station Avenue and Peter G. Homer Recreational Facility. In this area not only do we have to satisfy the state but the railroad operator who leases the Right of Way for his railroad operations. It appears that the railroad operator and Mass DOT, Rail Division both have a desire to create a trans-load facility, wherein bulk goods/materials can be hauled by train to a site and offloaded or stored to eventually transfer to trucks for the final point of delivery. Some town land, near the regional solid waste Transfer Station was of particular interest for locating the potential trans-load facility on the north side of the tracks (the opposite side of the tracks from the swap shop). The proposed easement exchange contemplates the state giving the towns an easement from Route 134 to Station Avenue for the entire length and width of the railroad Right of Way. From Station Avenue to the Peter G. Homer Recreational Facility a modified easement would be given to the Town within the railroad right of way, allowing the railroad operator and the rail trail to coexist in this area. In exchange, the Town will propose at town meeting to grant the Mass DOT an easement on town land to construct a trans-load facility while satisfying all requirements imposed by the Aquifer Protection Overlay District as defined in the Zoning Bylaw. In the next year, we hope to work out these details so the project can finalize design and move on to construction. The rail trail project was further complicated by the fact that the Town of Dennis already has the rail trail originating in their town for which the town has no maintenance responsibility since the State Department of Conservation and Recreation (DCR) owns the existing facility in their town. The Town of Dennis DPW, with a significant bridge being proposed over Route 134 and a second bridge over Bass River at the former railroad crossing, would not take on any more maintenance responsibility under current budget restrictions. This resulted in a joint written formal request from both towns for the DCR to continue to own and maintain the existing 22- mile trail and the four plus mile proposed extension in the Yarmouth-Dennis rail trail. After meeting with the DCR Commissioner and staff on site the Commissioner graciously agreed to accept the ownership and maintenance of the new extension once it is constructed in 2014/15 eliminating another hurdle. 206 The second significant effort of the DPW involved the joint venture with the Department of Fish and Wildlife, Division of Ecological of Restoration (DER) related to the Parkers River and particularly the bridge replacement over the river at Route 28. A recommendation, provided in the Massachusetts Estuaries Project (MEP), (a joint venture between the Town and MA Department of Environmental Protection (MADEP)), which recommended widening the bridge from 16-17 feet to 30 feet to improve flushing on the river and Seine/Swan Pond. The increased flushing would improve water quality and reduce nitrogen concentrations. The DER, under the leadership of Jeremy Bell, paid for a Flood Level Analysis Study and a Flood Mitigation Analysis related to the bridge channel widening. The Flood Level Analysis identified any properties adjoining the river and the pond, which would be impacted by the channel widening to 30 feet. The Town Surveyor Doug Wrock provided detailed field survey elevations of the affected properties. These property owners were subsequently contacted to make them aware of the work to improve flushing of the estuary. The Flood Mitigation Analysis then looked at ways to modify the properties potentially affected by the bridge channel widening to reduce or eliminate any flooding impacts associated with the widening. This matter was further complicated by the fact that any storm, larger than a 19-year storm event, the flooding tide would overtop Route 28 and therefore making any channel widening at the bridge irrelevant for big storms. Once these initial studies were completed, DER’s Jeremy Bell undertook, through a contract with Louis Berger and Associates, a Bridge replacement type study as required by the Mass DOT, which is the owner of Route 28 and the bridge. Generally, it was noted by the Town, how significantly important it was to minimize traffic disruption, while the bridge is being replaced so the channel could be widened. Of the three types of bridge reviewed and analyzed, a concrete beam deck, set on new bridge abutments, afforded 2-way continuous traffic to be maintained while the bridge construction was in progress. This led this bridge to be the one favored by the Town of Yarmouth and DER. The bridge type study has been submitted for Mass DOT review seeking their input and comments before the DPW and DER jointly investigate design of the new, longer bridge in 2013. The DPW has been working in 2012 with the Cape and Vineyard Electric Cooperative (CVEC) in their countywide effort to solicit proposals for solar Photovoltaic (PV) installations for all towns, school departments and Water/Fire districts. The DPW offered a number of sites on water supply wells, since the MA DEP policies promote renewable energy projects on water supply properties. The firm of Broadway Electric was chosen by CVEC as the preferred vendor after financial records and costs were factored. Broadway Electric proposed to install PV arrays on three well field sites (all near Higgins Crowell Road on 500 ft by 500 ft areas within the well field properties of approximately one hundred acres each). The three PV arrays will each produce a guaranteed annual output of 712,958 kWh or a sum total equal to 2,138,873 kWh annually. The Town’s annual electric consumption equals on average 2.5 Million kWh so almost all of the Town’s electric consumption will be offset by these arrays. The Town average cost is about 15 cents b per kWh and the cost for electricity through the CVEC approach will be 6.58 cents per kWh thus saving the Town a projected $177,000 annually. The current thought is to split the saving with the Water Division of the DPW. Based on recommendations from the legal counsels for CVEC and the Town, we are seeking Chapter 97 relief for the PV installations on water supply property. This requires Town Meeting approval, which was granted at the fall town meeting of 2012. The next step is to seek approval of both houses of the state legislature in the coming year. A two-thirds vote must be received by 207 the legislature for the projects to proceed. State Senator Wolf has agreed to spearhead the approvals for not only Yarmouth but also all Cape and Vineyard communities and districts. In another roadway safety improvement, related initiative, the DPW, in conjunction with the Cape Cod Commission, has submitted a Project Notification Form to the Mass DOT for the improvements to Exit 8 of Route 6. This location is the fifth worst traffic location on Cape Cod for traffic accidents. The DPW, Commission staff and Mass DOT conducted a traffic safety audit at this location and several recommendations have been made for improving safety. It is my intentions to seek funding for design and construction from the Mass DOT for whatever improvements DOT deems necessary. This will take several years before we will see any construction related improvements. Once again, this year, the DPW saw some reorganizational changes and staff reductions through the retirement of James “Lefty” Lefter, the Assistant DPW Director, who was in charge of Highways, Building Maintenance, Parks and Cemeteries. Parks and Cemeteries were transferred to Recreation this year. Robert Angell, Waste Management Superintendent was appointed as the new Assistant DPW Director to replace “Lefty”. Mr. Angell is now in charge of Highway, Waste Management and Building Maintenance. Mona Solmonte, the DPW Administrative Assistant was transferred to the Recreation Department as well. Without administrative support, the DPW Director moved his office to the Engineering office on the lower level taking the office space of the Town Engineer Rick deMello who retired last year. The DPW Director is now also the Town Engineer. We wish the best to all those who have moved on or transferred and thank all employees who are now doing more with less. BUILDING MAINTENANCE DIVISION The Building Maintenance Division is a staff of two Specialists; together they have been vigorously working on numerous projects throughout the Town in 2012: Construction of a much needed Scale House at the Disposal Area; the never ending repairs of problems at the Police Station; oversaw installation of new high efficiency gas boilers at Police Station; assisting with the renovation of the rear portion of the Recreation/Chamber of Commerce building to house the Department of Natural Resources new headquarters; oversaw the installation of a new roof on the Senior Center; oversaw the multi phased renovations at Bray Farm and a host of other projects. During the winter months both employees assisted the Highway Division with snow removal; along with keeping the sidewalks at Town Hall and other buildings clear and safe. These projects are significant accomplishments for a small Division but what has not been listed are the many, many responses and repairs to all the Town Departments. Such as the moving of furniture, the replacing of lights, restocking copy paper, the set-up of meeting rooms, along with many HVAC problems. We will continue to do our best to improve the condition of the Town properties and assist other Departments with building issues as time permits. The Building Maintenance Division would like to thank all of the other DPW employees for their assistance on many of these projects. 208 In 2012, the Engineering and Surveying Division continued to work with residents, engineers, contractors, surveyors and other Town departments to provide efficient and professional assistance and service. The following will briefly outline the highlights of the projects completed, being designed or underway, and the services that were provided in 2012. STORMWATER MANAGEMENT  Prepared and submitted the Phase II Stormwater Management Annual Report to EPA and DEP as required by EPA’s National Pollution Discharge Elimination System (NPDES) 5- year General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s).  Reviewed the proposed new requirements and anticipated impacts of EPA’s next NPDES 5- year General Permit. After reviewing the proposed regulations, it was determined that the following new requirements will likely have the greatest demands on our time and funding: o Inspect, sample and test the flow from the Town’s 173 known stormwater outlets to wetlands during both wet and dry times of the year. o Locate and inventory the entire upstream drainage system connected to each of the outlets, and map the watersheds, impervious coverages, and land uses. Assess and rank the potential for illicit discharges for each watershed. o Develop and distribute a total of eight (8) public educational messages to four (4) targeted audiences per year, and evaluate effectiveness of messages. o Sweep each street within all watersheds twice per year, and inspect/clean all catch basins in all watersheds once per year. o Enhance (focus) illicit discharge detection and elimination procedures, inspections, and enforcement. o Continue to improve stormwater discharges (usually through the installation of capital items) and develop/implement a maintenance plan for all stormwater facilities.  Continued updating the Town wide inventory of storm drainage outlet pipe locations and storm drainage infrastructure required by NPDES.  Once EPA issues their next NPDES 5-year General Permit, the DPW plans to prioritize the new EPA requirements and determine what we will be able to fund. ROADWAY MANAGEMENT SYSTEM (RMS) PROGRAM  Updated RMS historical road surface maintenance database; ran computer road maintenance scenarios given several funding options; and, advised the Highway Division on road surface preparation prior to surface treatment application. Field inspection and PCI review for planning of roadwork for 2012 roadway construction season; management of funds appropriated for FY11 roadway projects. Road surface activities included single and double chip sealing, rubber chip sealing, and pavement overlays on various Town and private streets. Crowell Road and Acres Avenue received porous pavement surface applications. Chapter 90 State Aid funding was used for a portion of this work on Town roads.  Staff continues to research, scan, plot and hyperlink drainage plans into GIS Drainage Layer. Many hours have been contributed to this project which is 95% complete.  Whites Path/Station Avenue Roadway Improvements: Both Whites Path and Station Avenue (between Old Town House Road and Whites Path) were milled and overlaid in 2012. Due to the heavy truck traffic volumes experienced on Whites Path, that road was becoming heavily rutted and showing significant signs of pavement failure. In addition, the old microsurfacing pavement treatment on Station Avenue was beginning to “peel-off”, creating a poor, uneven ENGINEERING AND SURVEYING DIVISIONS DOUG WROCK, P.L.S., TOWN SURVEYOR 209 impact on pavement condition by 1 truck is equivalent to the impact of approximately 10,000 passenger cars, hence the rutting being experienced on Whites Path.)  Drainage System Improvements: Drainage solutions were designed for the following locations: Acres Ave (85); Aft Rd (36, 66); Braddock St at Cedar St, Breezy Point Rd area (3 locations); Captain Chase Rd at Station Ave; Chamberlain Court (38); College St (23, 25); Coolidge Rd (80); Fairwood Rd at Highbank Rd; Highland St (2); Long Pond Dr near Winslow Gray Rd; Longview Rd (28); Nauset Ln (2); Run Pond Rd area (3 locations); Water St (WY) at both ends; and Workshop Rd.  South Shore Drive Sidewalk: The design, permitting and bidding of the proposed Phase II South Shore Drive sidewalk was completed, and is currently being installed. This Phase II project will complete the sidewalk installation on South Shore Drive.  Other Planned Sidewalks: The Engineering Division has designed and permitted the next phase of the proposed sidewalk replacement on Long Pond Drive between Herveylines Lane and Rebecca Lane. This replacement sidewalk will be handicapped accessible and will use porous pavement to improve stormwater runoff quality. A sidewalk along Winslow Gray Road between Long Pond Drive and Forest Road is also under design and permitting. If funding is available, both of these sidewalk projects are currently planned for installation in 2013. GIS AND ASSESSORS MAPS  Continued maintenance of GIS layers for Assessors maps, centerlines, property lines, buildings, street numbers and all related data. Preparation of maps for reproduction.  Instrumental in setting up ArcReader for availability of data for town departments to view. Created layers for Assessors, Health Department, Building Department, Cemetery Division, among others that include Docks/Buoys, Private Roads Petitions, Utility Poles (NStar and Town), Drainage Structures.  We provided assistance to other town departments through requests for GIS layers and plans, including but not limited to: ◦ Community Development: Re-zoning Districts; Bray Farm; TCOD plans; VCOD plans; Motel Properties in GIZ; Inventory of Land Bank; Yarmouth Conservation Trust; Stormwater Outlets; Intermittent and Perennial Streams; Old Kings Highway. ◦ Cemetery: Updated plot locations and size for accuracy and field use, particularly Chandler Gray Cemetery. Calculated and created a plan for grow out development of Chandler Gray Cemetery. ◦ Senior Center: Monthly Meeting and Event Calendars, Special Event Posters, and Informational Signs and Posters. ◦ Town Clerk: Voting Precinct maps with poll location data.  Other projects included: ◦ Street Signs: Downloaded data from retroreflectometer gathered by Highway Signman. ◦ Natural Resources: Provided plans of Town owned parcels, Map Book pages and aerials. ◦ Fire Department: Assisted toward GIS solutions for E911 efficiency. ◦ DPW: Photovoltaic installation locations plan; Transload Facility for State on existing rail line; Whites Path Signals; Monitoring Wells. SURVEY PROJECTS Research, surveying and plan preparation for the following:  Sidewalk Survey work included: Forest Road, Winslow Gray Road, South Shore Drive to support improvements. driving surface. Because it is 3 to 4 times less costly to repair a major road before it fails and to take advantage of the cost-effectiveness of larger projects, it was decided to repair both Whites Path and Station Avenue in a timely fashion. (Note: Studies have shown that the 210  Baxter Grist Mill: extensive topographic and bathometric field work for the Natural Resources Division.  Cemetery Division: As-built, site plan and survey work for location of proposed new maintenance building and access road at Chandler Gray Cemetery.  Natural Resources: Yarmouth-Barnstable Town line confirmation for shellfishing rights.  Conservation: Sideline determinations and topographic plans.  Highway Division: surveys to determine encroachments, sight distance issues, property lines and road sidelines.  Resident requests for field location of property lines for numerous reasons, including new fence installation, property line disputes, and tree removal.  Miscellaneous work: Annual Seaside Festival field set up survey for location of vendor booths and activities; Farmer’s Market on Old Main Street; Observatory behind Dennis- Yarmouth High School; Packet Landing sign location in State Road layout.  Forest and Old Town House Road Improvements: Final survey work prior to MassDOT contractor start of project.  Created an ANR Plan dividing parcel 74-15 “Crow’s Pond” into three parcels.  Worked with the Barnstable Town Surveyor to determine the Town Line between the Towns at the Keveney Lane Bridge.  Continued to update elevations of the control monuments located throughout the Town with elevations based on the North American Vertical Datum of 1988 (NAVD88).  Assisted with engineering and survey needs for construction of new scale house at Disposal Area.  Continued assistance to the Water Division personnel on the use of the new GPS system and equipment for field work.  Reviewed 20 New Home Permits and 91 Plot Plan Reviews as required by the Building Department.  Reviewed and signed off on several Verizon E911 requests for confirmation of addresses. BIDS AND CONTRACTS The Engineering Division prepared bidding documents; advertised, opened and awarded bids; inspected construction and/or assisted other departments with the following projects:  Construction Inspector Contract – Independent Construction Supervisor for road resurfacing, crack sealing and chip sealing projects on Town and private roads.  Barnstable County Roadway Construction and Materials Bids; also prepared bid tabulation for Finance Department and other Town departments.  New Fuel Pumps – Gasoline and Diesel depots at Highway and the Disposal Area.  South Shore Drive Sidewalk – Phase II extension of the sidewalk.  Drainage Installation – Various Locations.  Tighe & Bond – Dam Inspections.  Cemetery Building – New vehicle and equipment storage building proposed at Chandler Gay Cemetery.  Third year of the Vanesse Hangen Brustlin, Inc. contract for Pavement Management.  Traffic Signal Inspection Project with Vanesse Hangen Brustlin, Inc.  Chapter 90 Projects: Station Avenue/Whites Path Resurfacing; Resurfacing of Various Town Roads (chip sealing, rubber chip and overlays); South Shore Drive Sidewalk.  Wind Feasibility – Acoustic Study for proposed Wind Turbines at 99 Buck Island Road.  2013 Salt, Sand and Ice Ban Bids through Plymouth County Public Works. 211 MISCELLANEOUS  Site Plan Review – Attended when required by Building Department to review commercial property development applications.  Conservation Commission meetings – as required on Town projects.  Created as-built drawings for existing drainage systems.  Processed 323 Road Opening Permits for 2012. Worked closely with National Grid (and their contractors) on many major gas main replacement projects.  Continued public assistance to resident inquiries on the FEMA Flood maps, elevations, residential plot and commercial site plans, road layouts, and historical data.  Planning Board: Reviewed subdivision proposals and inspected construction operations at Walden Way (off Rte 6A) and Nick-Em Way (off North Dennis Road).  Annual review and confirmation of MSAG – E911 list.  Continued maintenance of Street Sign Database and record keeping requirement. Participated in determination of sign requests and forwarded for Selectmen approval when necessary.  Conducted Utility Pole Hearing at the request of NStar for new pole installation.  Attended various classes, educational seminars, training courses, and webinars, including: State Procurement and Bidding Seminars sponsored by the Barnstable County Purchasing Association; MassBid (private electronic bidding service); Cape Cod Commission GIS Users Group; Pictometry; Practical Geodesy for Land Surveyors; MassDOT Prequalification Training; GITA (Geospacial Information & Technology Association) Conference; Construction Site Safety Requirements.  Affiliations and Committees: MALSCE (Massachusetts Association of Land Surveyors and Civil Engineers); BCPWA (Barnstable County Public Works Association); Barnstable County Purchasing Association; Street Sign Committee; Site Plan Review; Recycling and Solid Waste Advisory Committee (P.O.A. continues as recording secretary). HIGHWAY DIVISION ROBERT B. ANGELL, ASSISTANT DIRECTOR OF PUBLIC WORKS The main function of the Division is repair and maintenance of Yarmouth’s roadways. Road and sidewalk surfaces including pavement treatments, paving, patching holes, berm installation and repair at the edge of the paved roadway, grading unpaved Town owned and private roads with petitions, catch basin cleaning and repair, roadside brush and litter cleanup, roadside mowing and trimming, tree trimming and cutting, weed control, sign installation and repair, street sweeping, pavement markings, snow and ice removal, and special projects for other divisions and departments. ROADSIDE MAINTENANCE The brush cutting, trimming, and roadside mowing is a never ending issue, is very labor intensive, but a necessary function to improve sight distances at intersections and prevent vegetation from overtaking the roadway. In 2012 a new style roadside mower was purchased that has made the mowing more efficient. Residents, Police Officers and bus drivers are always notifying the Highway Division of sight distance problems and over hanging limbs. TRAFFIC SIGNS AND PAVEMENT MARKINGS The single person responsible for signs, manufactures, repairs, and replaces various traffic signs throughout the Town including the replacement of concrete and older metal street name signs 212 with larger, new Manual of Uniform Traffic Control Devices approved metal signs. Stop sign replacement due to accidents are always a priority. Vandalism and theft never ceases as certain types of signs and certain names on street signs seem to become trophies in household and dorm rooms. Each time a sign disappears a new sign must get installed which is an expense to the Town. Pavement markings such as stop bars, yellow center lines and white side lines or fog lines need to be painted each year by a hired contractor. VEHICLE AND EQUIPMENT MAINTENANCE The Division has two full time mechanics responsible for the repair and maintenance of all the vehicles and equipment. Some of the vehicles are: pickups, heavy trucks, heavy equipment, snow and ice equipment, and medium to small power equipment. At times during the winter months the mechanics may need additional help from within the division; and during the slower summer season the mechanics help out the division as Heavy Equipment Operators. The Division’s two mechanics also repair and maintain many other Town vehicles. RESURFACING/OVERLAYS/REPAIRS AND MAINTENANCE Station Avenue, from Fawn Road north to the State Highway Line, a section of Workshop Road and all of Whites Path was milled and paved by T.L. Edwards Inc. Camp Street and Buck Island Road were rubber chip sealed. I am not going to list all the stone chip sealed roads as there were about thirty. Five roads received an overlay with asphalt. SNOW AND ICE - STORMS We were fortunate to have a mild 2011 – 2012 winter snow and ice season, with only a couple of storms and little sanding. Super Storm Sandy let us off easy compared to the area where it came ashore. Minimal damage from downed trees and some power outages were our biggest challenge. The brush disposal site, at the former drive in on Route 28, was open to residents for free debris disposal the following week. TREE DEPARTMENT The Division has employees out regularly trimming trees and cutting down dead trees that can be handled safely. Trees that cannot be safely removed by employees are handled by local tree companies that have the proper equipment. Some trees located on designated Scenic Roads must go before various Boards for approval, prior to removal. SWEEPING Due to savings, resulting from the mild winter of 2012, we were able to hire a sweeping contractor to sweep all roads in town, using the funds not spent on snow and ice. Federally designated storm water roads under the National Pollution Discharge Elimination System (NPDES) must be swept twice per year and this was accomplished using Town equipment and staff. RETENTION AREA MAINTENANCE Under the same NPDES regulations, retention area’s that accept water flow from street catch basins, must be mowed and maintained yearly to make sure they leach properly. The Division has had some personnel changes this year. One being, twenty-two year veteran Highway employee James Lagergren retired in April, good luck Jim. I would like to take this 213 opportunity to thank Jim Lefter for his service to the Town as Assistant Director of Public Works for the past eight years, Jim retired in July. WASTE MANAGEMENT DIVISION ROBERT B. ANGELL, SUPERINTENDENT The Waste Management Division oversees the operation of two facilities, the Yarmouth Disposal Area and Yarmouth-Barnstable Regional Transfer Station (YBRTS). YARMOUTH DISPOSAL AREA The Disposal Area has three different activity areas within the facility located at the very northerly end of Forest Road. First area is the Residential Drop-Off Area, where the residents dispose of their household garbage and recyclables. Second is the Compost Area where leaves, grass and small prunings are deposited so they can be processed into compost on site. Third is the Scale Area where any paying customer (contractor or sticker holder) can deposit such items as construction material, metal items, brush, and residential items with coolants (CFC’s and HFC’s) in them such as refrigerators and air conditioners for a fee. In 2012 we were able to construct a much needed scale house on the correct side of the scale. Funding was provided from the DPW and it was built using Town employees saving the on construction costs. With technical assistance from CDM Smith (formerly known as CDM Inc.), our contract engineering/technical consultant, we oversee the gas collection system beneath the landfill cap; air quality, groundwater monitoring and impervious liner cap of the former landfill that was closed in December of 1995 and currently 7 holes of the Links course at Bayberry Hills. Working with New England Organics we were able to keep the compost site under control. Budget cuts have forced the division to use less fuel per year and one of the largest fuel uses is turning compost every six to seven weeks to break it down efficiently. Now we turn the compost every fifteen to sixteen weeks leaving us with a less desirable end product that needs extra screening. The sad result from this, no free compost was available to residents in 2012. We continue to remove a substantial amount of mercury bearing products from the waste stream; items such as fluorescent bulbs, thermometers, thermostats etc. are recycled through a grant from SEMASS the waste to energy plant in Rochester, MA which generates electricity from the burning refuse. We held the Hazardous Household Collection Day in July 2012, at the Yarmouth Senior Center with SEMASS/Covanta, Barnstable County, YBRTS and Yarmouth Water Division providing the funding and collected 17,260 lbs. of hazardous waste. This Division, along with The Massachusetts Department of Environmental Protection and our surrounding towns continue to work together seeking regional solutions for all of our recycling and solid waste needs. The Cape Cod Commission Solid Waste Group has completed the task of looking at all future waste disposal options for Southeast Massachusetts and will report the results in early 2013. It is important for residents to understand that everything brought into the facility must at some time be hauled away to another destination, most of which are off Cape. The following list is the volumes handled and hauled over the past three calendar years. 214 Antifreeze 325 0 265 Gallons Auto Batteries 7.56 6.16 3.07 Tons Brush 825.45 805.11 632.16 Tons CFCs/HFCs 61.32 60.55 49.33 Tons Cathode Ray Tubes 2188 1297 88.80 Units Commingle 545.42 523.49 553.61 Tons Construction 8001.30 7755.21 Tons Cardboard 340.97 334.09 340.74 Tons 5 Returnables & Glass 44.96 36.46 28.91 Tons Household Waste 8863.17 8627.37 7809.59 Tons Magazines 83.15 64.90 60.29 Tons Metals 554.20 470.72 458.58 Tons Motor Oil 3425 3125 3225 Gallons Paper 512.95 464.7 444.84 Tons Propane Tanks 415 501 384 Units Textiles 136.95 146.44 135.03 Tons Tires 19.7 19.50 19.13 Tons The hours of operation are 7:30 A.M. to 3:30 P.M., seven (7) days per week, closing on all holidays. The facility operates with 9 full time and 4 part time employees. The Swap Shop, where items can be left for reuse and treasures can be found, had another good season in 2012, with few problems and a lot of satisfied customers. This facility is run by volunteers and is not operated by town employees. We thank the volunteers for their service. YARMOUTH-BARNSTABLE REGIONAL TRANSFER STATION (YBRTS) YBRTS receives waste from the residential drop off facilities in the Towns of Yarmouth and Barnstable, as well as commercial waste from all over the Barnstable County. This waste is received in a variety of commercial collection vehicles only, as residents are not allowed to access this facility. With the economic slowdown and the recent competition from the Bourne Landfill, the YBRTS has endured a 20,000 ton annual total drop in commercial waste received over the last four years. Due to these issues the Town is investigating the option of privatizing the operation of the facility. The YBRTS operates with a staff of 5 full time and 2 part time employees. The facility is open 7 days per week year round with the exception of New Year’s Day, July 4th, Thanksgiving Day, and Christmas Day. During the summer months YBRTS runs expanded hours to better serve all of its customers. In September 2010 the YBRTS began to transfer recycling through the facility into 100 cubic yard trailers in addition to the solids waste. After two years of the addition of recyclables into the operations the transition is complete; and we have become more efficient handling the various stream of materials, which need to be kept separated. The recycling is done through a partnership with Covanta/SEMASS and Capital Paper Recycling Inc. The following is the amounts YBRTS processed for shipment, primarily by rail, to SEMASS, a waste to energy plant in Rochester MA, for the past three calendar years. Material 2010 2011 2012 Measurement 215 Railcars 1,468 1,440 1,298 number Trucks 33 21 0 number I would like to thank my staff at both facilities YBRTS and Residential drop off area for their excellent work and continued commitment to the town and its residents. They work well together and move an exceptional amount of material every day. WATER DIVISION DANNY J. MILLS, SUPERINTENDENT 2012 2011 2010 Gallons of water pumped (million) gals. 1,331.9 1,337.3 1,362.2 Rainfall for the year inches 36.26 41.7 43.1 Total number of water services 16,365 Total number of hydrants 2,100 Number of pumping stations 24 Number of corrosion control facilities 17 Number of water storage tanks 3 Total water storage capacity, in million gallons 9.3 Total acres for Water Supply Protection 965 YARMOUTH WATER’S MISSION STATEMENT The Yarmouth Water Division is committed to serving the needs of Yarmouth residents, businesses, and visitors by providing high-quality drinking water while providing for future economic growth via progressive planning. We are also committed to creating a satisfying, safe, and productive work environment where a philosophy of win-win is the imbedded culture. By DEP regulation, the Water Division staff is on-duty 24/7. The staff is available at all times to serve and protect the public. We are a dedicated collection of highly motivated and conscientious individuals proud to be delivering the very basic of ingredients for human life itself – Clean Fresh Water. We would like to offer a most sincere thank you to all Town Departments, Agencies and to the Citizens of Yarmouth for their support and assistance during 2012. We pumped a total of 1,331.9 million gallons of water to the residents of Yarmouth during the calendar year 2012 as compared to 1,337.3 million gallons for the year 2011. Water production decreased during 2012 by 0.4%. That is 5.4 million less gallons than was pumped in 2011. The peak day was on July 15, 2012 when 10.4 million gallons were pumped, and the peak month was July when 256.0 million gallons were pumped. Rainfall measured was 36.26-inches. This amount of rain equates to 16.1 billion gallons of water falling on the Town of Yarmouth, replenishing our water supply. We pumped, from the ground, 1.3 billion gallons which is equivalent to 3.0 – inches of rainfall. Yarmouth as an entity continues to be most favored in its abundance of water resources. Material 2010 2011 2012 MSW & Recycling 72,417.05 74,431.46 69,242.32 tons 216 The Division continues with our many programs including; Inspection and testing of backflow devices, Inspection and maintenance of hydrants, Water main leak detection, Water meter replacement Program, and the on-going DEP mandated Water sampling program which ensures the quality of our potable water. The Division has continued the Pump Station Rehabilitation Program wherein all the public water supply wells and associated structures will be reconditioned and modernized. Presently some of the structures and associated equipment have outperformed their useful life expectancy. This program is addressing the issue. We would like to extend special thanks and shout out to the unsung heroes at the water division. They responded to water emergencies in the middle of the coldest nights and the hottest days. They responded with gusto and enthusiasm. Although we experienced many water main and water service breaks, our heroic distribution crews prevented backflow conditions and prevented contamination from entering the system. The crews acted in a competent and timely manner to isolate the breaks, prevent flooding and the subsequent devaluation of private property. Best of all they acted as ambassadors of the Town of Yarmouth in their daily contact with citizenry of our community. 217 OTHER COMMITTEES ASSEMBLY OF DELEGATES The Assembly of Delegates is the legislative branch of Barnstable County. It includes an elected delegate from each of the 15 towns of Cape Cod. The Assembly reviews and adopts by ordinance the regional government’s budget, capital improvement plan, and supplemental appropriations. Standing committees of the Assembly address such important regional issues as human services, affordable housing, economic development, natural resources, public services, and transportation. The Assembly has a primary role in approving regional policy and activities of the county, including the Cape Cod Regional Policy Plan, the establishment of Districts of Critical Planning Concern, and the regulations governing the Cape Cod Commission’s reviews of Developments of Regional Impact. On all matters, the Assembly receives public input through open hearings, and its delegates interact regularly with municipal boards to understand areas of concern to Cape Cod citizens and officials. The Assembly of Delegates meets in public session the first and third Wednesdays of each month at 4 pm at the First District Courthouse, Route 6A, Barnstable, MA. A journal of the proceedings (agendas) and summary of regular meetings are available to the public on the county website at www.barnstablecounty.org. The office phone number is 508-375-6761. On November 6, 2012, E. Suzanne McAuliffe was elected to a two year term as Yarmouth’s representative to the Assembly of Delegates. Each town has a weighted vote determined by 2010 census population. The Town of Yarmouth has 11.02% of the vote. Mrs. McAuliffe can be contacted at smcauliffe@barnstablecounty.org. The delegates for each town and their voting percentages are listed below. TWELFTH SESSION OF THE ASSEMBLY OF DELEGATES Town Delegate Voting Percentage BARNSTABLE Patrick Princi 20.92% BOURNE Richard Anderson 9.15% BREWSTER Anthony F. Scalese 4.55% CHATHAM Ronald Bergstrom(Speaker) 2.84% DENNIS John Ohman 6.58% EASTHAM Teresa Martin (Deputy Speaker) 2.30% FALMOUTH Julia C. Taylor 14.61% HARWICH Leo G. Cakounes 5.67% MASHPEE Marcia King 6.49% ORLEANS Christopher W. Kanaga 2.73% PROVINCETOWN Cheryl Andrews 1.36% SANDWICH James Killion 9.58% TRURO Deborah McCutcheon 0.93% WELLFLEET Ned Hitchcock 1.27% YARMOUTH E. Suzanne McAuliffe 11.02% CLERK Janice O’Connell Respectfully submitted, E. Suzanne McAuliffe Yarmouth Delegate to the Assembly of Delegates 220 CABLE ADVISORY COMMITTEE The committee works as an advisor with the Town Administrator to negotiate and monitor compliance with the Town cable television license. Our principal function is the negotiation of the renewal (each 10 Years currently) and the resolution of problems regarding cable service. We also advise the Town on the Public Access contract, according to the terms and public access issues, and issues arising in that area of PEG Access matters. In addition to the to the Town Administrator’s office, we serve as advisor to the Board of Selectmen when such action is required. This past year produced the present 10 Year License with Comcast after a period of negotiation begun in 2008. The Town worked with several Cape Towns to negotiate a similar license for all, but with each Town’s particular details. The advisory Committee advised the Town on Yarmouth’s “details”, and will continue to do so for the term of the License. Also, the Committee will advise the Town Administration on matters pertaining to a negotiated contract with the Town’s Public Access provider. The issues addressed in the cable television license include retention of the customer service office, and financial support for the local access cable channels. Under Federal law, the Town has no authority to regulate many of the issues of greatest concern to cable subscribers, including pricing and the selection of channels and commercial programs included in the standard cable service package or any other package. Our goal was to obtain and provide sufficient funding to continue and improve upon the programming provided on Channel 99 (newly located, Public Access Channel operated by Cape Cod Community Media Center on behalf of 5 Cape Towns) Channel 18 (Town Channel run by Town employees) and Channel 22 (Educational Channel run by the Dennis-Yarmouth School District) The Committee would also like to remind Yarmouth residents that you have access to video production equipment, and training on how to use it, through the Cape Cod Community Media Center located at 17 Shad Hole Road in Dennisport. This facility exists to help local individuals and organizations produce their own video, and to cablecast programming created by community members. For more information visit the website http//www.capemedia.org/ or call 508 394 2388. Respectively submitted Jerry McMahon, Chair Alice Bowen Harris Contos Robert Edwards Robert Milne CAPE COD REGIONAL TRANSIT AUTHORITY The Cape Cod Regional Transit Authority (CCRTA) has provided in Yarmouth 52,250 one-way passenger trips from July 2011 through June 2012 (FY12). CCRTA provided 744 ADA and general public clients in Yarmouth with DART (Dial-a-Ride Transportation) service during FY12. These clients took a total of 25,346 one-way passenger 221 trips during this time period. Total DART passenger trips in the fifteen towns of Cape Cod were 184,344 in FY11 compared to 179,373 in FY12. CCRTA FY12 records for the Boston Hospital Transportation service indicates 46 Yarmouth residents took 383 one-way trips on this service. The fixed route Hyannis to Orleans (H2O) serves the towns of Barnstable, Yarmouth, Dennis, Harwich, Chatham and Orleans along the route 28 corridors. A total of 26,904 one-way trips originated in Yarmouth for the H2O route for the period July 2011 through June 2012; total ridership for the H2O route for this period was 139,072. Route maps, schedules, fares, Google Transit Trip Planner and the latest news about Cape Cod public transportation services are provided at www.capecodrta.org, as well as links to many other transportation resources. CAPE COD WATER PROTECTION COLLABORATIVE Wastewater management continued to be the primary focus for the Collaborative this year. The discussions this year revolved around ongoing litigation, the evaluation of a regionalized approach to wastewater management, and the ongoing support of local planning and implementation efforts. The Collaborative continued to be a forum for towns to obtain information on best practices and guidance from the experiences of other towns throughout the region. The ongoing lawsuits between the Conservation Law Foundation, the Coalition for Buzzards Bay and the United State Environmental Protection Agency remains unresolved as of this writing. Barnstable County, while not a party to the litigation, played an important role in the cases while the parties attempted to have settlement discussions. The executive directors of the Collaborative and the Cape Cod Commission both participated in a portion of the settlement talks to educate the parties as to the state of wastewater management efforts on the Cape and the implications of the possible settlement terms on the region. While the parties did not settle and have proceeded to file brief in preparation to argue their respective cases, the educational efforts of the County left both sides better informed of local conditions. The Collaborative continues to actively monitor the progress of the litigation. The County Commissioner directed the executive directors of the Collaborative and the Commission to undertake an assessment of the possible benefits of a regionalized approach to wastewater management. The directive was issued early in 2012 with a report date of December 31, 2012. To ensure openness and input from the public, the Governing Board of the Collaborative has discussed each subject matter issue evaluated by staff prior to it being taken out for a broader public discussion. In addition, the Executive Director met with each of the 15 Boards of Selectmen and Councilors to provide an opportunity for input and discussion. The evaluation is not complete as of this writing, but all involved have committed to full public discussion and disclosure of the analysis as it is developed and presented to the Commissioners for their action. Lastly, the Collaborative has maintained its practice of supporting local planning and management efforts. The Collaborative has continued to provide third party consulting support in engineering and planning reviews and financial management to any town requesting such support. The majority of Cape towns have accessed this support and the budget to continue this program was expanded and increased in FY 13. 222 CAPE LIGHT COMPACT REPRESENTATIVE – JOYCE FLYNN Cape Light Compact is an intergovernmental organization consisting of the 21 towns and 2 counties on Cape Cod and Martha’s Vineyard. The Compact’s mission is to serve our 200,000 customers through the delivery of proven energy efficiency programs, effective consumer advocacy, competitive electricity supply and green power options. POWER SUPPLY Natural gas prices continue to be the primary driver of electricity prices in New England since natural gas generation sets the price for most hours of the year in New England. There are two primary inputs to natural gas prices: the fuel itself and the cost to deliver it into New England (or “basis”). Natural gas futures are traded on various financial markets, and the major price index people use is an index called Henry Hub, which is a delivery point near the Gulf of Mexico. During the first half of 2012, natural gas future prices on Henry Hub remained low and relatively stable due to an abundant supply; prices began to increase somewhat after hitting lows in March and April. Natural gas future prices increased modestly in the second half of 2012, but the continued strong supply has helped cap prices from increasing significantly at Henry Hub. More significantly for Cape and Islands customers, the cost to deliver natural gas to New England has risen significantly since the beginning of the year, especially during the winter months, when there are constraints on the amount of natural gas that can be imported into the region. This delivery cost component of natural gas is putting upward pressure on electricity pricing in the short term, though pricing still remains at attractive levels. CLC expects pricing for the first half of 2013 to increase from the current levels in the high six- cent range per kilowatt hour (kWh) to levels in the high seven-cent range. In 2012, Cape Light Compact provided energy to residents and businesses in accordance with a competitive electricity supply contract negotiated by the Compact with ConEdison Solutions. As of December 2012, the Compact had 12,900 electric accounts in the Town of Yarmouth on its energy supply. ENERGY EFFICIENCY Funding for the energy efficiency programs (i.e. energy audits for homes and businesses, rebates on the purchase of energy efficient appliances and energy education in our schools) comes from a monthly customer “energy conservation” charge ($0.0025 cents multiplied by the number of kilowatt hours used during the month) that appears on each customer’s electric bill. Here are some examples of CLC energy efficiency programs at work in Yarmouth:  Several hundred Yarmouth residents received free pink-based compact CFL bulbs from Cape Light Compact’s table at the Annual Town Meeting on April 2, 2012. Jan – Dec. 2012 # of Participants Customer Savings kWh Saved Rebates/Incentives Paid to Customers Low Income 156 $55,423.40 277,117 $276,966.16 Residential 1,427 $459,739.80 2,298,699 $1,656,948.51 Commercial 90 $262,605.60 1,313,028 $750,859.36 Total 1,673 $777,768.80 3,888,844 $2,684,774.03 223  Senior Residential Programs Coordinator Briana Kane and Evaluation, Measurement, and Verification Analyst Philip Moffitt gave public presentations on the Compact’s 2013- 2015 statewide energy efficiency plan to Yarmouth Energy Committee on September 11.  Briana Kane accompanied Residential Program Manager Margaret Song to the Yarmouth Energy Committee’s open house on energy assessments and the Mass Save HEAT loan program on October 15, 2012.  The Compact held a June-November Home Energy Assessment Recruitment Competition, with cash prizes to be awarded to participating agencies. In Yarmouth, both the Senior Center and the Recreation Department took part, motivating 77 Yarmouth households to complete home energy assessments between June 15 and the November 19, 2012 deadline. Yarmouth won first prize, and the $8,000 cash award will be shared by the Senior Center and the Recreation Department. (That’s good news—but even better, 77 households will be warmer this winter, will have lower heating fuel and electric bills, and will be eligible for significant energy-saving enhancements and for 0% interest Mass Save HEAT loans for homeowners if they choose to pursue further energy improvements.)  In the schools, the Compact partnered with the Dennis-Yarmouth Regional School District to install new high-efficiency hot water circulator pumps and other HVAC equipment at Mattacheese and Wixon Middle Schools at no cost to the District. CLC and DYRSD shared the cost of upgrading exterior lights at the District’s M.E. Small, Station Ave., and E.H. Baker schools.  Some early Yarmouth-CLC collaborations continue to save energy and tax dollars. Just take a look at the graph below. The blue column shows electricity generated by the solar photovoltaic panels at Mattacheese Middle School since they were installed as part of the Solarize Our Schools Program in 2006. o That power, measured in kilowatt hours (kWh) reaches up into the thousands. And each of those is a unit of electricity that didn’t have to be purchased. o Now look at the red column, which measures in pounds the carbon dioxide that would have been released into the atmosphere if the electricity had been generated by burning a fossil fuel. I’m proud to serve as Yarmouth’s representative to Cape Light Compact, and proud of the long partnership between the Town of Yarmouth and CLC. 224 ENERGY COMMITTEE MEMBERSHIP Sandra Cashen, Frank Deshaies, Joyce Flynn, Steve Gavin, Marilyn Holle, Jack Howard, Steven Krintzman, Robert Palmeri, Edward Voelker (member emeritus), and Jay Weiss TOWN ENERGY PROJECTS  EC cooperated with DPW on further examination of HVAC controls at the Yarmouth Police Station.  EC members Steve Gavin, Sandra Cashen, and Joyce Flynn met with DPW head George Allaire and Cape and Vineyard Electric Cooperative consultant Liz Argo to assess both Town and Dennis-Yarmouth Regional School District properties suitable for an array of solar panels. The Town opportunities at this writing may be problematic because they are located in water-sensitive areas, but DYRSD in 2013 will benefit from installations on its Station Avenue and Higgins Crowell campuses, at no cost to the District.  EC listened to a wind feasibility study presentation prepared for the MA Clean Energy Technology Center and in late 2012 examined the draft acoustic study submitted by CDM Smith for a possible installation at water division headquarters.  EC members Frank Deshaies and Jay Weiss researched the old Baxter Grist Mill as site for energy generation and/or demonstration if restored.  Jack Howard spoke to the Golf Enterprise Committee about converting the capped landfill 9-hole course to a solar field to produce electricity. PUBLIC EDUCATION AND OUTREACH ON ENERGY ISSUES  EC members distributed information about energy conservation, free energy audits, and renewable energy.  Marilyn Holle and Sandra Cashen received IT training to be able to post updates directly to the EC portion of the Town website.  EC listened to presentations by Phil Moffitt and Briana Kane about the Cape Light Compact’s 3 yr. energy efficiency plan’s small commercial and residential components.  EC aided Yarmouth residents in signing up for energy audits to help the Yarmouth Senior Center and Town Recreation Department qualify for prize grants in Cape Light Compact’s Home Energy Assessment competition.  End of year bulletin: Yarmouth won first prize with 77 audit votes, 50 more than the second place town, so the Yarmouth Senior Center will receive $5,680 and the Town Recreation Department will receive $2,320. EC congratulates Karen Marciante of the Yarmouth Senior Center and Pat Armstrong of the Yarmouth Recreation Department on their hard work and well-earned prize.  EC members assisted some Yarmouth senior citizens in the home energy audit process by joining them for the audit process and offering additional explanations where needed.  Frank Deshaies, Joyce Flynn, Steve Gavin, Jack Howard, Steven Krintzman, and Bob Palmeri hosted an October 15 open house featuring information on energy audits and on the 0% interest Mass Save HEAT Loans available to all residents who have an audit. EC thanks the Yarmouth New Church Preservation Foundation and Humberto Cordero for the use of its attractive Great Room space. The Committee Joyce Flynn (chair) Steve Gavin Bob Palmeri (vice chair) Marilyn Holle Marilyn Holle (secretary) Jack Howard Sandra Cashen Steven Krintzman Frank Deshaies Edward Voelker Steve Gavin Jay Weiss 225 OPEN SPACE COMMITTEE The Open Space Committee was formed in 2005 by the Board of Selectmen when the Community Preservation Committee was adopted and the Land Bank was dissolved. The new group now reports to the Town Administrator and the chairman is a member of the CPC. The committee continues the same as under Land Bank and in 2012 updated and formalized its charge and procedures. Its purpose shall be to assist the town on the acquisition and preservation of land for conservation, passive recreation and open space by purchase, conservation restrictions or eminent domain. The committee continues to explore opportunities and make recommendations on acquisitions based on criteria such as areas adjacent to protected land, protect water supply, both aquifers and embayments and to provide wildlife habitat. In 2012, several properties were evaluated for open space and found not acceptable and a site was investigated for endangered wildlife habitat protection and is a work in progress. In recent years, the committee has concentrated on maintaining and upgrading sites previously acquired, including viewing platforms and benches at Homer’s Dock Trail, bicycle racks and benches at the former 1750 house on Rt. 28, Packet’s Landing and Chase Brook Park. The property recently acquired at the end of Alms House Road near Gray’s Beach has been cleared of heavy overgrowth by AmeriCorps personnel for a viewing area of the salt marsh overlooking Bass Creek and Cape Cod Bay. Completion is planned for 2013. AmeriCorps has also been instrumental in maintaining the Homer’s Dock Trail pathway for the past few years. In 2012, the committee focused on oversight of unused Land Bank funds and was able to return $144,000 to the Land Bank maintenance account. With the help of the Mass Audubon Society, we have purchased and installed 16 birdhouses at three viewing locations. Trail and park maintenance of overgrowth continues to be a challenge, but with the help of AmeriCorps and others, we are able to keep the trails and viewing area clear and passable for visitors. Jack Mulkeen, Chairman Jack Grebe, Secretary Mary Herberich Heather McElroy PERSONNEL BOARD The Personnel Board is an advisory board to the Board of Selectmen and the Town Administrator. It is comprised of five members, one of whom is appointed by the Finance Committee. The Board’s duties include: 1. Recommending personnel policies, procedures and regulations for non-union personnel; 2. Approving the content and format of all job descriptions subject to collective bargaining where applicable; 3. Acting on requests for changes in pay classifications for permanent positions; acting on requests to modify pay rates for seasonal and temporary positions; and 4. Other related duties as assigned by the Board of Selectmen and Town Administrator. 226 A position classification review is the process by which the Town determines the appropriate pay grade for each permanent Town position or job. The process begins with a review of the job description by the employee(s), the supervisor, the department head, the Assistant Town Administrator and the union, if applicable. The Personnel Board then reviews the content of the job description for clarity and consistency with Town practice and conducts a numerical rating of the position using the Town’s position rating manual. Often the employee and a supervisor may be present to describe the position and answer any questions the Personnel Board may have, and in some cases additional information is requested and the decision is made at the next meeting. There were four meetings held during the year. Reorganization again resulted in a review of various position descriptions. Position descriptions reviewed and rated by the Personnel Board were Natural Resource Director, Parks and Recreation Director, Heavy Equipment Operator/Waste Management, and Building Maintenance Specialist. The Board reviewed and/or established pay rates for various temporary/provisional positions. In addition, the Board met with the Town Administrator who provided information on proposed organizational changes. During the year the Board membership was complete with the appointment of Mr. Thomas Nickinello, who brings a broad range of experience to deliberations. The Personnel Board is most appreciative for the staff assistance provided by Peter Johnson- Staub, Assistant Town Administrator, and Pamela Barnes, Administrative Assistant. The Personnel Board meets as needed at 6:00 p.m. at Town Hall. Respectfully submitted, Betty-Jane Burkhardt, Chair and Finance Committee Representative Alice Bowen Sharon Ladley John Moylan Thomas Nickinello RECYCLING AND SOLID WASTE ADVISORY COMMITTEE In early 2012, the Recycling and Solid Waste Advisory Committee completed their study on the feasibility of a P.A.Y.T. (Pay As You Throw) program for the Town and began to pull together the facts, their findings, and conclusions in order to present a comprehensive report to the Board of Selectmen. The report was submitted to the Board in July. RASWAC continued to follow very closely the activities at the Disposal Area. They continued to track the monthly recycling and solid waste totals handled at the Disposal Drop Off Area and the Transfer Station. As a project for 2013, the members met at the Disposal Area with the staff to determine how they could assist in improving the recycling and waste drop off facilities. It was decided that updated signage would help, so the committee has undertaken an inventory and will make a recommendation for improvements in early 2013. Their goal is to improve communication to the residents, as well as making their recycling efforts easier and more productive. The committee monitored the status of the Yarmouth-Barnstable Transfer Station privatization and the expiration of the SEMASS contract and the anticipated effects that both will have on the overall operation and staff at this facility. 227 Recycling containers were placed at the four most populated beaches, in a cooperative effort with Champ House, a non-profit organization. The committee had championed this idea and was pleased to see it come to fruition. They are confident that this will be a positive step and will not add to the work load of any Town departments. Along with working toward improving signage, the committee also plans to update the “Waste Disposal and Recycling Guide” in early 2013, to reflect the few changes that have taken place. This handout will assist residents in the proper disposal or recycling options of all items. Committee member Mike Britz resigned in April. His recycling ideas and enthusiasm will be sorely missed. The committee will continue to support and offer assistance to Rob Angell and the Waste Management Division in their efforts to serve the public efficiently and economically at the Town’s disposal facilities. In 2013, RASWAC will continue with their charge to seek the best options for the recycling and solid waste facilities and to encourage the residents of Yarmouth to recycle. Respectfully submitted, Joseph Sarnosky, RASWAC Chairman Frank Martines Charles Spooner William “Doug” Wade Rob Angell, WMD Representative Barbara Benoit, RASWAC Recording Secretary TOWN SCHOLARSHIP FUND COMMITTEE The Town of Yarmouth Scholarship Fund was established in 1992. Since its inception, the committee which oversees this fund, has awarded 456 young men and woman of this town with scholarships totaling $283,100 in order to assist them with their college education. In 2012 the committee awarded 24 scholarships totaling $9,700. Scholarships are based on financial need, academic achievement, and school and community involvement. High school seniors, as well as those currently matriculating in an undergraduate degree program, may apply for a scholarship. Funding for these scholarships comes from the generous donations of Yarmouth taxpayers who are invited to contribute when paying their property tax and water bills. Additional funds come from the trust income of the Frederick Howes Educational Fund, the Ellen Chase Scholarship Fund, and the James Knowles Scholarship Fund. The Board of Selectmen is responsible for appointing the five-member Scholarship Fund Committee. It is comprised of the D-Y Superintendent of Schools (Carol Woodbury), and four of the town's citizens; Thomas Kerr, Kim Pike, Sandy Rubenstein, and John Mincieli, chairperson. Assisting our young people in their pursuit of higher education is an extremely worthy cause that benefits our community in the long run. Therefore, should anyone like to contribute to the ongoing efforts of the Scholarship Committee, you may do so simply by sending a check to the Yarmouth Town Hall, 1146 Route 28, So. Yarmouth, MA 02664, payable to the Yarmouth Scholarship Fund. Thank you. 228 VETERAN’S SERVICES To the Honorable Board of Selectmen and the Citizens of the Town of Yarmouth. The following report is of the activities of the Department of Veterans’ Services for the Town of Yarmouth for Calendar Year 2012. The Department of Veterans Services has continued to experience growth in volume due to the returning Iraq/Afghanistan wars, the difficult economic climate and the changing needs of our WWII, Korean, Vietnam and Gulf War veterans. One of our two primary functions is to administer State low-income benefits under Massachusetts General Law Chapter 115 for veterans who are honorably-discharged, who establish need and worthiness and are residents of the Town of Yarmouth. During the year, the Town of Yarmouth, through our office, provided local aid to qualified veterans totaling more than $166,000 for housing, food, heat, medical and other related costs. The amount expended was reimbursed to the Town by the Commonwealth at a rate of 75% of total expenditures. We also provide services to veterans in obtaining the full range of federal government (Veterans Administration), state government and local government benefits. Over the past year this office obtained more than $5.6 million in VA cash benefits for Yarmouth veterans and widows/ widowers for service-connected injuries and VA non-service-connected pensions. These federal funds greatly reduced the demand on our local aid fund. We encourage any veteran or dependent of a veteran to contact us at 1-888-778-8701 Monday through Friday from 8:30AM to 4:30PM. We can also schedule appointments in one of our offices, at your home or any location that is best for you. We extend our thanks to the Board of Selectmen, the Town Administrator and Town Finance Director for their outstanding support throughout the year. In Service to Veterans, Edward F. Merigan Director/Veterans Agent 229 EDUCATION DENNIS-YARMOUTH REGIONAL SCHOOL DISTRICT COMMITTEE MEMBERS TERM EXPIRES Maryellen McDonagh-Angelone, Chairperson 2013 John Poole, Vice Chairperson 2014 Andrea St. Germain, Secretary 2014 Stephen Edwards, Treasurer 2015 James Dykeman, Jr.2015 John Henderson 2013 Brian Carey 2014 Superintendent of Schools – Carol A. Woodbury Larry Azer, Director of Finance & Operations Gloria Lemerise, Director of Instruction Judith Dion, Director of Pupil Services Christopher Machado, Director of Technology Lory Stewart, Director of Instructional Technology Garth Petracca, Food Services Coordinator Georgiana Olwell, Adult Education Supervisor Shirley Smith, Coordinator of Early Education ADMINISTRATIVE OFFICE PERSONNEL Maureen Burnham, Admin. Asst. to the Supt./Sec. to School Committee Janice Butler, Administrative Assistant to the Director of Instruction Sandra Clifford, Business Affairs Administrative Assistant Beverly Haley, Benefits Mgmt. Administrative Assistant Joan Damore, Admin. Asst. to the Director of Finance & Operations Sharon Ladley, Admin. Asst. to the Superintendent for Personnel Mary Ann Mulhern, Admin. Asst. to the Director of Pupil Services Susan Nelson, Asst. Treasurer/Accts. Receivable Joyce Proudfoot, Bookkeeper Dawn Selfe, Payroll Administrative Assistant 2010-2011 RETIREMENTS Ms. Susan Carnathan DY Regional High School Science Teacher Ms. Cheryl Cooke L. C. MacArthur School Special Education Teacher Mr. Peter Cross Mattacheese School Middle Sch. Teacher Ms. Patricia Fruggiero DY Regional High School School-to-Career Teacher Ms. Linda Greene Mattacheese School Middle Sch. Teacher Ms. Debra Hall DY Regional High School Assistant Ms. Suzanne Langevin E. H. Baker School ESP I/SpEd Assistant Ms. Sandra Nagle E. H. Baker School Elementary Teacher Mr. William Peace DY Regional High School Science Teacher Mr. Frederick Stein M. E. Small Innovation School School Psychologist Ms. Doreen Sugermeyer DY Regional High School Health/PE Teacher 232 DENNIS-YARMOUTH REGIONAL SCHOOL DISTRICT COMMITTEE JOHN POOLE, SCHOOL COMMITTEE VICE CHAIRMAN 2012-2013 DENNIS YARMOUTH REGIONAL SCHOOL COMMITTEE GOALS  We shall work to continuously improve student achievement to ensure all learners are prepared for successful college and career pursuits  We shall educate the community about the District’s need for resources to achieve general and specific goals  We shall strive to engage district stakeholders in ways that build trust and support for our goals With these goals in mind, we started 2012 off on a great note. With continued support from both Yarmouth and Dennis stakeholders, we were able to put together a budget which saw us enhance several areas of our already strong educational programs. As an added bonus, we were able to do this with no override requests to the towns. This was done through the hard work of the boards of selectmen, finance committees and school committee. All of these boards have also put in a lot of work to continually improve and strengthen their relationships with each other towards a common goal of educating ALL of their students. As this is being written, the school committee is looking to further regionalize its schools. It was decided to close the Laurence C. MacArthur Elementary School which was a difficult decision as the school is a real sentimental favorite and beloved by the community. Out of this we are hoping to add long term stability and “Strengthen the DY Advantage.” We are hoping to consolidate all of our students from Dennis and Yarmouth from grade four up through grade twelve. We see real educational and extracurricular benefits coming from having not only our students but also our educators together in one location for each of those grades. Our school district continues to implement improvements and adjustments all aimed at preparing our young people to be successful members of an ever changing world. With various and increasing mandates coupled with a very diverse cultural and economic student base, we work hard to balance a strong educational foundation with fiscal responsibility. All of our schools have placed focus on physical activity and healthy food choices. They are also all engaged in community involvement and awareness. Walking through any of our schools you will feel a sense of pride and excitement with all that is going on in our district. We are happy to have our DY family of schools and watch in wonder as they grow. Yarmouth’s Station Avenue Elementary School is now in its third year of providing its kindergarteners with the “Tools of the Mind” program, which it piloted with great success. The Marguerite E. Small School for fourth and fifth graders is in its second year of being an Innovation School and has extended its school day to provide its students with a variety of additional learning opportunities. The Mattacheese Middle School started offering honors level class sections as well as extending 233 its school day--its students are well prepared to enter high school when they complete their time here. Looking into Dennis, the Ezra H. Baker Elementary School has also become an Innovation School and is in the final phases of a beautiful renovation. Nathaniel H. Wixon Middle School, also now an Innovation School, is in its second year of its Middle Level Academy and has also rolled out an optional uniform dress initiative with great success. To finish it all off nicely, the Dennis Yarmouth Regional High School is in its second year of offering a STEM program to eighth graders. Combine this with a huge variety of AP and online courses and award winning sports and music programs, graduates of DY high school are well balanced citizens and well prepared to become productive and successful adults; whether that means entering right into the job market or continuing on with further education. We look forward to continuing to provide an amazing educational experience to the students attending any of our Dennis Yarmouth Regional Schools. OFFICE OF THE SUPERINTENDENT CAROL A. WOODBURY, SUPERINTENDENT OF SCHOOLS Marketing is a major enterprise in our world today. Slogans are common in almost every endeavor. The slogan that comes to mind as I write this report is TEAM – Together Everyone Achieves More. The School Committee and I are grateful to the town meeting voters who understood and supported the idea that Dennis and Yarmouth, working as a team, can provide more for both the Dennis and the Yarmouth children. We are in a unique place on the mid-Cape with many available options to families all around us. Together we must make every effort to use taxpayer dollars in a responsible and innovative manner making Dennis-Yarmouth Regional School District the premier district of Cape Cod. We are proud to announce that our efforts are beginning to pay off. On October 1, 2012 Dennis- Yarmouth enrolled 3140 students, the same number as were enrolled on October 1, 2011. This is the first stable enrollment since 1998. While some families continue to make choices for their child’s education outside the district, many more are choosing Dennis-Yarmouth from other towns. We ended the 2011-2012 school year with the highest number of incoming school choice students in DY history. In September 2012, we opened three more kindergarten classes than we had originally planned. We are in the third year of the implementation of a research-based early childhood program called Tools of the Mind. This program is the foundation for all our kindergarten classes. We believe teachers who use this program help children develop a solid foundation for future school success. Dennis-Yarmouth currently has three Innovation Schools. These three schools were awarded grants from the state to create new, exciting programs. Each school had a planning committee that included all stakeholders. These committees researched “best practices” and proposed plans to the school community at-large. The focus of each Innovation Plan was unique to each school community. Some of the enhancements the plans included are a longer school day, problem- 234 based learning, uniform dress, foreign language learning for K-3 students, and a focus on wellness. These “pilot” projects have helped our district expand and evolve. We are in the second year of the eighth grade pilot at Dennis-Yarmouth Regional High School. Currently, 47percent of the eighth grade students in the district are attending the high school program. During these first two years, the primary focus has been on increasing rigor especially in science, technology, engineering, and mathematics while providing more opportunities to prepare students for future advanced placement and honors classes. In addition, our eighth grade students have benefited from the wide variety of electives and co-curricular options the high school offers. It wouldn’t be D-Y without an emphasis on the arts. The arts are a focus beginning in kindergarten. Throughout the district, students begin their day by listening to classical music. Students explore and use various musical instruments beginning in our elementary schools as evidenced by their inclusion at concerts at every school. Formal instrumental lessons begin in grade 4, and students begin playing in ensemble groups. As our musicians have become stronger, new ensembles have been added. For example, we have recently added a fourth and fifth grade jazz band, an eighth and ninth grade concert band, and an eighth and ninth grade jazz band. Some of our middle school students are learning to play the steel drums. At Dennis- Yarmouth Regional High School, 181 or about 20 percent of the students are involved in one of the musical ensembles. With the emphasis on visual arts beginning in kindergarten, by the time our students are in high school many of them have the opportunity to study with artists. Over the years many have won awards for their work, including having artwork selected for display at the United States Capitol. If you have the opportunity to see the mural created last summer in Dennis, you will be amazed at the work done by several of our students and others. We are very proud of our visual and performing arts programs. We live in a technological age. We continue to strive to teach our students responsible use of technology tools. One of the most exciting opportunities our students have had is to work in a global science community with students from other countries. Many businesses today work this way. Each opportunity our students have in this arena is a new window into the world. We thank our elected and appointed officials for their continued support on behalf of the young people in our communities. We are a TEAM. We know that “Together Everyone Achieves More!” Respectfully submitted, Carol A. Woodbury Superintendent of Schools FINANCE & OPERATIONS LARRY AZER, DIRECTOR OF FINANCE & OPERATIONS There is much to report for the last 12 months. We closed out the FY 2012 budget year, we are managing the current FY 2013 budget, and we are in the midst of preparing the FY 2014 budget. We finished the past fiscal year with a certified E+D (excess and deficiency) balance of $2,030,706 through a combination of efficient expense management and an all-time high in 235 revenue from incoming school choice students, proving that there is a strong D-Y Advantage! While stagnant state and federal revenues are putting more pressure on cities and towns to support public education, we have been working cooperatively with officials in both communities to maintain a high level of programs and services for our students. I would like to thank all of the school administrators, staff members, and the School Committee for their diligent work during these challenging economic times. In the area of operations, we wrapped up a number of capital improvements to the Ezra Baker Elementary School in Dennis, a project that addressed critical repairs to the roof and windows as well as a host of accessibility issues. We have begun the long-overdue replacement of items such as special education buses, mobile radios, and classroom furniture and equipment. We also continue to pursue renovations at both Mattacheese Middle School in Yarmouth and Wixon Middle School in Dennis. Finally, funding from both towns as part of a matching grant has enabled us to continue upgrading security systems at all of the district’s school buildings. Our food services and facilities departments continue to be led by Garth Petracca and Sandra Cashen, respectively, who both do a terrific job overseeing those vital functions. The high school implemented a new computerized “point-of-sale” system in September that allows students and families to better manage their food purchases, and the system will be rolled out to all other schools in the district before the end of the school year. New federal nutrition guidelines are being worked into school menu choices. Our maintenance department relies on a small group of mechanics to handle repairs more effectively and efficiently, and our grounds crew maintains some of the best-kept playing fields in the area. To kick off last summer, the high school again hosted a community fireworks show that was enjoyed by thousands of residents and visitors. In conclusion, I would like to thank everyone for the opportunity to serve the students of the Dennis-Yarmouth Regional School District. I look forward to continuing working with the families, residents, staff members, and community officials in the upcoming year. OFFICE OF INSTRUCTION GLORIA LEMERISE, DIRECTOR OF INSTRUCTION The Office of Instruction is responsible for the planning and coordination of all aspects of learning and the mandates of federal and state accountability. This includes providing and supervising professional development, refining curriculum to meet the needs of all learners, and monitoring student achievement as measured by the Massachusetts Comprehensive Assessment System (MCAS) and district assessments. To support and extend these key efforts, the Director must also be deeply involved in grant writing. Over a half million dollars have been obtained from numerous grants, for FY 2012. These receipts provide a major funding stream for professional development efforts and partial funding of Instructional Coaches that improve the instructional expertise of all our professionals. As we develop improvement plans and organize professional development, we continually focus on learning for all – students, teachers, administrators, and support staff. 236 Research has shown that professional development is most effective when the content is based in schools and embedded in the work of the participants. In Dennis-Yarmouth, this is accomplished in various ways. We have five district instructional coaches - a literacy coach for grades 4 – 8, a Language Acquisition Coach for English as Second Language (ESL), two math coaches for grades PreK-3 and 4-8, and a Kindergarten coach. These content professionals specialize in providing effective support and guidance for teachers as best practices are transferred from district initiative to classroom instruction. They are invaluable as the District moves toward adopting and adapting to the new Curriculum Frameworks and state initiatives. The District is also involved in a two major projects supported by higher education partners and grants for research. The first, Tools of the Mind, was piloted at Station Avenue Elementary for two years. This comprehensive, research-based curriculum focuses on cognitive and social- emotional development at the same time as academic skills. Following the successful pilot, the curriculum is being incorporated in all Dennis-Yarmouth Kindergarten classrooms for 2012-13. Grades four through eight continue to work with researchers, funded by a five-year grant, from Wheelock College and Harvard on vocabulary and reading instruction. Dennis-Yarmouth also remains a training site for Reading Recovery, a specialized reading support program for grade one students. The District continues to build capacity through targeted professional development in mathematics at grades four through eight. Monthly sessions are facilitated by Looney Math Consultants and supported in-house by our district math coaches. With the adoption of the Common Core State Standards, curriculum writing projects are underway. The District is fortunate to have staff members that work at the state level writing model units for teachers across the state. This type of involvement enables the District to learn of new trends and take advantage of additional professional development opportunities that benefit out students. The Dennis-Yarmouth Regional School District continues to educate students who will become productive members of our global citizens. In partnership with our families and communities, we look to fulfill our mission, Empowering Each Student To Achieve Excellence With Integrity. PUPIL SERVICES JUDITH D. DION, DIRECTOR OF PUPIL SERVICES Dennis-Yarmouth Regional School District, Pupil Services Department, oversees programs primarily for students with disabilities ages three to twenty-two years old. The ultimate goal is to prepare students for further education, employment, and independent living in the community. The latest Student Management Information Count conducted October 1, 2012 states that there are four hundred ninety-three (493) eligible students with disabilities currently receiving a Free and Appropriate Public Education in the Least Restrictive Environment. The DY Early Education Program continues to have NAEYC accredited classrooms at the Laurence C. MacArthur Elementary School and DY Regional High School. Enrollment in these classes combines preschool age children with and without disabilities and follows the rigorous curriculum related to the MA PreK Common Core Standards. Special education services are delivered using several approaches and range from outreach (in homes or the community based programs) to direct therapies or instruction within the inclusive preschool setting. "Child Search" activities are ongoing throughout the school year. The intention of these activities is to locate and 237 identify any young child (3-5 years) who may require special education in order to develop essential skills needed for school success. Technology is now playing a crucial role for students with disabilities in our schools. It assists all students in becoming active participants in their learning. Even our three year old preschoolers are using iPADS and other speech generating devices (SGD) to learn letters, sounds, and words. Accessibility features convert text to speech to assist students with reading disabilities; and more amazingly, a specialized, complex communication device can be controlled by eye movements. Another new development this year at Dennis-Yarmouth Regional High School is a Transitions Program to prepare 18-22 year old students with disabilities for postsecondary life. Training, education, employment, and independent living skills are being addressed more in the community than in the classroom. The Department of Elementary and Secondary Education, Program Quality Assurance division, will be conducting a Coordinated Program Review of Special Education services, English Language Learner Education and compliance with Civil Rights and other General Education Requirements during the first week in April 2013. A separate review will be conducted by the Office for the Education of Homeless Children and Youth also during April. A notice will be published in the newspapers to invite public comment. DENNIS-YARMOUTH REGIONAL HIGH SCHOOL KENNETH T. JENKS, PRINCIPAL As always, I begin my annual school report by thanking the citizens of Dennis and Yarmouth for supporting our students and our school. The high school’s successes and achievements are directly connected to the strong support provided by our two communities. The high school’s October 2012 enrollment was 924 students. The graduating class of 2012 illustrates the strengths of the high school program. Eighty-four percent of the class of 2012 planned to attend college: fifty-three percent planned to attend a four year college or university and thirty-one percent planned to attend a two year college. Many students in the class of 2012 pursued other opportunities: two percent planned to go to a technical school, eight percent planned to enter the workforce, three percent planned to join the armed forces and the remainder were undecided about their future plans. The students in the class of 2012 collectively received over $225,000 in scholarships and awards, a significant amount of this support coming from local sources. On behalf of our students, families, faculty and staff, I thank the many generous individuals, organizations and businesses that provided this critical financial support for our students. We remain committed to our motto of Pursuing Excellence, Demonstrating Character. The high school stresses a core program of English, foreign language, math, science, and social studies. D-Y offers an extensive range of courses and programs to our students. We have strengthened our graduation requirements in order to better prepare our students for the increasingly competitive world of the 21st century. Our 8th grade program, with its emphasis on science, technology, engineering and math, continues to enjoy great success. The high school provides a wide range of Advanced Placement and honors level courses for students who want to pursue the most rigorous and challenging academic options. This year, over ninety D-Y students are enrolled in an online class through the Virtual High School program. We value a well- rounded experience for all of our students, and as a result, our graduation requirements call for students to complete course work in elective areas including art, music, technology, and health 238 and physical education. We support career oriented options including work-based learning and over ninety students participated in internships with local businesses and organizations this year. We have a strong working relationship with Cape Cod Community College and many of our students take classes at the community college level. D-Y students can also pursue alternative paths to graduation through participation in our very successful day and evening alternative learning programs. The state recently classified D-Y as a Level I high school. The state gives every high school a rating of one through five, one being the highest. D-Y has earned a Level I rating, in part because of our commitment to successfully engaging all of our students in a rigorous academic program. Our educational program offers many unique opportunities for our students. For example, D-Y students have worked on local archaeological digs and have conducted forensic experiments on the Boston University City Lab mobile laboratory. We have partnered with the Global Technology and Engineering Consortium (GTEC) and we have established links with classes in Russia, England and France. D-Y students skype with students in other countries and compare the results of their science experiments and research. In other realms, D-Y art students have been recognized for their work. The music program enjoyed another very successful season in 2012 and the band and color guard earned a Division IIIA Championship title at the state and New England competitions. Our athletes continue to be competitive and many teams have enjoyed winning seasons, earned league championships and also qualified for post season play. Our Volleyball team was also recognized by the MIAA and received the Division II Volleyball Sportsmanship Award. The student government and our many service groups, including Interact, Key Club, the Leo Club and the National Honor Society continue their strong commitment to community service and consistently donate to charities and to our communities. We have enjoyed a very successful year and look forward to continued growth and improvement in the future. Our school is thankful for the strong support from parents, citizens and the leaders of our two communities. MATTACHEESE MIDDLE SCHOOL ANN P. KNELL, PRINCIPAL It is with great pride that I submit the annual report for Mattacheese Middle School. P.R.I.D.E is the theme for this school year as we work to exhibit “Personal Responsibility in Daily Engagement.” We have engaged our students through many new initiatives in our building. In order to continue the innovation started at M.E. Small, Mattacheese has adopted an extended student day schedule. The additional forty-five minutes provides an eight period schedule allowing students to take the four core subjects as well as art, foreign language, health, music (band, jazz band, chorus, treble choir, strings and fiddlers), physical education, and technology. Support as needed is included in our students’ schedule. As a second year partner in a Harvard Research Grant, two courses are offered. The Strategic Adolescent Reading Initiative (STARI Reading) is offered in 6th, 7th and 8th grade. Word Generation, a program designed to improve reading comprehension through discussion and debate, is included in the sixth and seventh grade program. This grant will continue next year. Content literacy, a course designed to teach the skills of speaking, listening, reading, writing and critical thinking in all disciplines, is also part of our course offerings. In an effort to increase choices and opportunities, a Sixth Grade Honors Program was launched this year as well as seventh grade honors courses. MMS also began a 239 school wide writing program that schedules all students to write each week in a different content area. Finally, the addition of a school counselor to our faculty allows us to offer a new Careers course to our eighth grade students. We believe these initiatives ensure our students are focused, engaged and accountable. As a nurturing school community, we continue to examine various ways to use time and student choice to best meet the diverse needs of our learners. In order to educate the whole child and enhance their school experience, Mattacheese offers three seven-week sessions of interest based After School Activities at no cost. We continue to run a successful middle school sports program as well as co-curricular activities. Students are encouraged to become good citizens and participate in leadership and service opportunities. We have an award winning Green Team that has literally recycled tons of paper. Students volunteer to work as helpers and friends in our Sea2 (formerly SEALS) program. Our physical education teachers applied for and received two grants. With the monies received, our breakfast program was expanded and spin bikes were added to the P.E. program. The promotion of physical development with social and emotional health helps to further develop and guide our students as they strive for knowledge and self- awareness in the middle school years. Mattacheese seeks to include and engage the greater community in our endeavors. The development of our Facebook page has provided a broader communication network with quicker news delivery. Please keep track of us at Mattacheese Middle School. As we work together for ever increasing success, many thanks go to all of our district schools and central administration, the parents who participate in our PTO and School Council as well as those who give their time and resources to support many of our activities and programs. Special thanks are extended to the dedicated MMS faculty and staff who bring challenge, understanding, and success to every student. Most importantly, we thank our students and their families for their involvement and continued faith in the mission of Mattacheese Middle School as we continue a proud tradition. NATHANIEL H. WIXON MIDDLE SCHOOL CAROLE A. EICHNER, PRINCIPAL It is an honor to submit this annual Town report. Wixon has 73 professional and educational- support staff members supporting our students and community. The entire Wixon faculty is highly committed to teaching and learning, school safety and fostering parent/community partnerships. As an Innovation School, we serve as an inventive 21st century middle school in Dennis, MA for students in grades 4 through 8. As of October 1st, there are 428 students enrolled at Wixon. The Wixon Middle Level Academy (WMLA), instituted during the 2011-2012 school year in Grade 6, was a great success. The WMLA grew to include 6th and 7th grade students this year. The WMLA features unique clustering of students for math and English Language Arts classes and holds students to high academic and behavioral expectations. Students in the Wixon Middle Level Academy are integrated with grade level peers throughout the day, as well. This year, our entire school community embraced a Project Based Learning (PBL) model of teaching. This PBL initiative is instrumental in our efforts to improve student achievement, decrease discipline infractions and improve school climate/culture. The vision of our innovation plan is to engage all learners and educators in a respectful, dynamic environment. 240 In efforts to further build school pride and encourage students to dress for academic success, we implemented a Dress for Success! uniform dress policy this year. The policy requires Wixon students to wear a solid colored, collared shirt, khaki or navy pants/shorts or skirts/dresses. This has had a positive influence on our school. Our school offers a variety of after school activities and enrichment opportunities, such as: Peer Leadership, French & Spanish Clubs and interscholastic athletics. Our fifth grade students receive Drug Abuse Resistance Education (D.A.R.E.) from Officer Jim Winn of the Dennis Police Department. Each 5th grade class also engages in a unique weeklong NEED Collaborative Seashore experience; a long-standing tradition for DYRSD students. The Wixon School Council provides ongoing guidance to improve our school. The Parent Teacher Advisory Council (PTAC) supports many educational and enrichment programs, as well. We are grateful to our parents and community members for their tireless efforts to support learning and enrichment at Wixon. We are grateful for our collaboration with the Dennis Police Department and Detective Patrick McCaffrey, our School Resource Officer. Many thanks go out to all the Town of Dennis officials and municipal departments, as well as members of the Dennis-Yarmouth Regional School Committee for their continuous support and service to our school. Wixon: Focused on students; achieving results. EZRA H. BAKER ELEMENTARY SCHOOL KEVIN DEPIN, PRINCIPAL It is with great pride that I submit this report on the progress at the Ezra H. Baker Innovation School. The past year, 2012, was a banner year for our school. When we opened our doors in September, we greeted 371 students in grades kindergarten through three, approximately 40 more than in 2011. We also welcomed 35 pre-school children in our early education classroom. Our facility was in top condition, with a new roof, new windows, and updated interior spaces. It was a fitting way to begin our first year as an Innovation School, having received approval for our Innovation Plan by our school committee and a grant from the Massachusetts Department of Elementary and Secondary Education. When the new year began, it signaled the end of the teaching career for two of our most notable members, Mrs. Sandra Nagle and Mrs. Suzanne Langevin. Mrs. Nagle taught in the Dennis Yarmouth Regional School District for more than 30 years, spending much of the last two decades in second grade at the Baker School. Mrs. Nagle shared her love of learning, her voracious appetite for books, and her positive outlook with countless students in our school. Mrs. Langevin worked as a special education assistant. She worked closely with some of our most challenged learners, helping them unlock the keys to academic success. Both women left behind a legacy of kindness, compassion, excitement, and humor with our entire school community. Over the spring and summer, teams of parents, teachers, and community members met to design our school’s Innovation Plan. Their planning centered on our four school core beliefs: all students can learn; all students can achieve at high levels; all students are entitled to a complete education; all students can use what they know to make a difference in the world. Some exciting results from this planning have included Spanish language classes weekly for all of our students, increased time in music and art for all students, and enrichment classes for talented learners weekly, with additional periods for literature analysis for all students in grades 241 2 and 3. Another strong focus of our innovation plan is student wellness. To that end, students in kindergarten and grade 1 have physical education four times per week. We have worked closely with district food service personnel to increase the nutritional content of our lunch and breakfast menus. That work received tremendous support when our school was awarded a $26,000 Farm to School Grant from the federal government in December. This grant will provide locally grown produce, much needed cafeteria equipment like a salad bar and fruit smoothie maker, as well as training for food service staff. Our school is supported tremendously by our community. Our parents group, PTAC, continues to raise funds to provide the extra touches that make this elementary school experience so special for our students. Last year, our parents funded field trips, created a fall harvest pumpkin patch in our reading garden, and purchased and installed a climbing wall in our gym. Town departments, including the Dennis Police, Dennis Fire, and the Dennis Libraries, have once again provided support to our school. Having learned from this powerful example, our young students continue to give back. Last year’s Penny Harvest, a student run philanthropic program, awarded over $1200 in grants to local charities. In 2013, the students of the Ezra H. Baker Innovation School hope to raise at least $1500 for this important charitable endeavor. We eagerly anticipate continued successes in 2013. LAURENCE C. MAC ARTHUR ELEMENTARY SCHOOL PETER J. CROWELL, PRINCIPAL I respectfully submit this last Annual Report for the Laurence C. MacArthur Elementary School, a PreK-3 school in South Yarmouth. Our sixty-three year old building will close its doors in June, 2013. We have a long history of dedicated principals, staff, students, families and volunteers who have loved this community of learning. We take great pride in our accomplishments over the years! Although the building will close, our school family will relocate to the Marguerite E. Small Elementary School in West Yarmouth. We will always cherish our years in this structure, and our enthusiasm for learning and our efforts to provide the best learning environment for our students will continue for many more years in another space! We will continue our quest for excellence as always! Our current enrollment of 244 students includes kindergarten through grade three students, as well as students in our Early Education classrooms housed at MacArthur and DY High. As described in our school’s vision statement, our dedicated and caring professionals work to “provide a safe, enriching academic and social environment where every child has the opportunity to achieve success”. Staff meets weekly by grade level to engage in collaborative discussions. These ‘professional learning communities’ support our mission of improving teaching and learning as our practitioners share best practices, examine student work, use data to inform instruction, and discuss interventions for students in need of extra support. All staff uses the social-emotional learning curriculum of Second Step and/or Responsive Classroom to promote a positive and safe climate for learning. Our monthly All School Meetings bring the entire school community together to emphasize the themes of Respect, Responsibility, Kindness and Caring. We bring families together for Family Reading Night, Math Night, Family Game Night, and other enjoyable educational events. At LCM, we respond to the needs of our students and their families by providing many programs and services. We provide special education services for any students who qualify. Our school psychologist works with parents and our school team, which includes the occupational therapist, 242 speech and physical therapists, special education teachers, and regular classroom teachers, to meet the needs of our students. We also offer Title 1 services, a federally funded program for students with an educational need in reading and/or math. We provide Reading Recovery, a nationally recognized literacy intervention program for our first graders who struggle with reading and writing. Our new Tools of the Mind curriculum in kindergarten enhances the learning experiences of our students. We also have a full-time ELL teacher to provide support for our students who are learning English. Our school social worker provides social and emotional support to students, staff, and parents and connects families to community resources. After School Enrichment sessions offer a variety of engaging classes such as Lego’s®, cooking, and the sciences, taught by staff, parents, and community members. We house a food pantry available to our families and extend help whenever we can. Our PTO, under the leadership of Kara Goeldner, continues to provide resources for some of our field trips and programs, as well as special annual events: the Book Fair, Touch A Truck, Field Day, etc. Many volunteers, high school students, parents, grandparents, Rotary Club, and Elder Services enrich and support our students’ lives. The LCM School Council continues to focus on updating our School Improvement Plan. Finally, our partnership with both the Yarmouth Police and Fire Departments is greatly appreciated, as we work together for the safety and well-being of our students and their families. MARGUERITE E. SMALL SCHOOL EMILY A. MEZZETTI, PRINCIPAL Two thousand and twelve saw the continuation and refinement of our Innovation School Plan, and it is with immense pride that I share with you the Annual Report for the Marguerite E. Small Innovation School. Three hundred thirty-five fourth and fifth grade students, including twenty-four Dennis students and seven school choice students from other districts, attend our school. Based on our recently implemented Extended Day initiative, the students attend school for six hours and fifty minutes each day, an additional forty minutes. Cumulatively over the school year, this time represents seventeen additional school days. The objective of the plan is to provide increased time for learning the core academic subjects including: literacy, mathematics, science, and social studies. This quality time is enhanced by our fifty minute enrichment block daily. Students have an individually developed semester-long enrichment block schedule. The schedule includes opportunities to extend their interests in music, art, physical education, math, writing, science, leadership, and technology. We also use the time to facilitate additional instruction in literacy, math, social skills, and English language development. Finally, students who have demonstrated proficiency in areas of interest may choose to further their skills in reading, math, and music. This is our first year offering these opportunities to accelerate skill development and we’re proud of this new addition. The staff of the school is intensely dedicated to the success of our students. Embracing the newly legislated Department of Education’s Teacher Evaluation System, they are collaborating on team professional goals related to academic achievement, curriculum development, health and wellness, parent communication, and student effort. 243 In addition to our Extended Day, we offer an extensive After School Program. In our fourth year, designated as a “Promising Practice” 21st Century Community Partnership School, we received $106,000 for a daily program for fifty-four students as well as a six week summer program. Our grant program is complemented by a quarterly fee-based program with many options for our students. The School Council and Parent Teacher Organization facilitate parent involvement in and support of our school. These organizations augment a strong professional culture, helping us work together to maximize the opportunities we afford our students. On behalf of the school’s staff, I would like to thank our parents, Superintendent Woodbury, the School Committee, and the citizens of Yarmouth for supporting us as we hold a charted course of excellence. STATION AVENUE ELEMENTARY SCHOOL PETER J. CROWELL, PRINCIPAL It is a pleasure to submit this Annual Report as the principal of the Station Avenue Elementary School (SAE). Our current enrollment of 440 students in grades K-3 is divided between 22 classrooms. An especially strong kindergarten enrollment for the 2012-2013 school year necessitated the addition of a new section to continue to maintain educationally sound class sizes. Space is well maximized throughout our beautiful facility. Now in our eighteenth year of operation, the building received some much needed maintenance with full trim replacement and several areas being repainted. The Academic and Social Curriculums at SAE provide students with the opportunity to learn and thrive. We are continuing our second year of the school-wide vision focused on Speaking and Listening across all grade levels and subject areas. All professional staff at SAE meets weekly by grade level as professional learning communities and are led by a teacher leader/facilitator. During these meetings, an emphasis is placed on sharing best practices, looking at student work, flexible groups, using assessment and data and planning of instruction with the Common Core Standards in reading and math. With the support of a district math coach and consulting teacher of reading, we are able to provide professional development and support of grade level goals. We are thankful to have added a half time librarian back with all classrooms being able to access the library once weekly again. Additionally, we are fortunate to share a district kindergarten Tools of the Mind coach with the other elementary schools. All staff integrates our Second Step Social Skills program as well as Responsive Classroom techniques. Our monthly All School Meetings bring the entire SAE school community together focusing on the themes of Respect, Responsibility, Kindness and Caring. This year we have instituted a school wide community block time for classrooms to partner with other grade levels. This is a time for classrooms to share experiences in reading and math and to build connections for students as role models and members of the SAE community at large. As an extension of our day, we continue to offer three After School Enrichment sessions throughout the year taught by staff, parents, and community members. Our very active PTO continues to provide events such as the Scholastic Book Fair, Holiday Fair and Ice Cream Social which bring families together. Their generous support of field trips, programs and technology is so appreciated. We are grateful to the community businesses who volunteer their time and resources to help our PTO in these efforts. We are also pleased to be able to welcome many volunteers to our school ranging from high school students, to parents, 244 grandparents, Rotary Club and Elder Services. Their involvement enriches all of our students. Partnerships with our neighbor DY High School include the annual November Pep Rally and PE Pals who visit on a weekly basis to assist our young students in Physical Education. Our School Council has been focusing on our School Improvement Plan goals and articulating our vision. Their commitment of time enhances our school mission. Finally, our partnership with both the Yarmouth Police and Fire Departments in their support of school safety is greatly appreciated. On behalf of the entire SAE community, I wish to thank the good citizens of Yarmouth for their support of our school community as our focus is “All Aboard for the Future.” FOOD SERVICE DEPARTMENT GARTH PETRACCA, COORDINATOR There are many students in our school district that need to be fed on a daily basis. It is vitally important that all members of our school community who might qualify for free or reduced lunch and breakfast complete and submit an application. Financially, this provides us with assistance in helping to feed all our students. One of our goals has always been to reimburse the school system’s General Fund to the extent that is financially possible without detracting from the food service program itself. We will continue this practice and make changes in the program as needed. We are using cooperative purchasing and competitive bidding on everything we buy which enables us to secure the best prices for all our products and services even with continued increases in food prices. We are also in the process of installing a Point of Sale system which will make purchasing meals much easier for our students. Our participation rates are at 65 percent even with continued declining enrollment, which is a testament to the success of the program. Food costs are at 46 percent, labor at 37 percent, and other expenses at 17 percent. We highly value what we accomplish on a daily basis in our department. Our meals are designed to provide healthy, satisfying and continued choices to our customers, the children of the Dennis- Yarmouth Regional School District. TECHNOLOGY DEPARTMENT LORY STEWART, DIRECTOR OF INSTRUCTIONAL TECHNOLOGY The Dennis-Yarmouth Regional School District Technology Department provides services to all schools and the Central Office. The Department supports the infrastructure necessary to maintain our District networks, repairs hardware, installs software, and files for grants, both entitlement and competitive. The Department works with students with special needs to incorporate assistive technologies into their Individual Education Plans and provides professional development to staff to integrate technology into the curriculum. In 2011, Lisa L’Hommedieu and Travis Cyr joined the Department as technicians. Along with John Carey, they worked diligently to maintain over 1600 computers, 500 printers, 350 iPads, and other instructional technology completing over 2500 work orders during the course of the year. On May 1st the District unveiled a brand new website with complete new look and more advanced features for visitors to access information and to subscribe to updates to the website. 245 The District continues to support strong professional development for teachers in the use of technology. Every teacher in the district participated in some form of technology training during the year. There were three graduate courses and numerous workshops devoted to technology integration offered within the district. Thanks to a grant written by the Cape Cod Collaborative, all Cape towns received access to the website SmartPD which allows staff to register for in- and out-of-district professional development offerings as well as maintain the records of their professional development activities for recertification. During the school year, along with five other Cape school districts, a team of teachers participated in the Museum of Science Gateway Institute. The Institute assists school districts to implement systemic changes to their engineering and technology education. At the Museum of Science Spring Symposium, Dennis-Yarmouth was recognized as the lead district and was asked to present the changes implemented in the middle school curriculum. In addition, student projects were showcased at the Museum. The District started using iPads with our special needs population with very positive results. As a result, we purchased 200 iPads to use in a pilot project with students in Grades 4, 6, and 8. Students are using the iPads to communicate, collaborate, and create, three essential skills for college and career readiness. THE DYRSD Technology Department makes every effort to stay current on emerging technologies to best serve our school community and ensure strong support of its technological needs. 246 DENNIS – YARMOUTH REGIONAL SCHOOL 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 DENNIS-YARMOUTH REGIONAL HIGH SCHOOL SCHOLARSHIPS AND AWARDS 2012 263 264 265 266 267 268 269 270 DENNIS – YARMOUTH REGIONAL HIGH SCHOOL COMMENCEMENT EXERCISES ~ CLASS OF 2012 SATURDAY JUNE 9, 2012 271 272 273 BOARDS AND COMMITTEES (MEET, AS POSTED) AGRICULTURAL COMMISSION To serve as an advisory role to the Board of Selectmen and other committees on issues relating to agriculture. To work with the Planning Board to develop “right to farm” agricultural zoning bylaw while also working to create a seasonal farmers market and developing a community garden. 5 Members (3 Year staggered terms) BARNSTABLE MUNICIPAL AIRPORT REP. Yarmouth representative to the Barnstable Airport Commissioners. Responsible for representing Yarmouth’s position on issues of concern, especially noise, traffic, and safety issues that affect the Town and its residents. BOARD OF APPEALS BOARD OF APPEALS – ZONING ADMINISTRATOR Operates under Yarmouth Zoning By-Law, as well as the Massachusetts General Laws, Chapter 40A and Chapter 40B. The responsibilities of the Board of Appeals are to hear and decide petition/appeals for Special Permits, variances from the terms of the by-law, and appeals from decisions of the Building Inspector. M.G.L. Chapter 40A, Section 12 ATM 1946, Article F. 5 Members (5-year term) and Associate Members (1-year term). Associate Members sit in case of absence, conflict or vacancy. Vacancy: Successor serves until the qualification of his/her successor. Removal: For cause, upon written charges, and after a public hearing. BOARD OF ASSESSORS Reviews and inspects all real estate on a rotating basis. Appraisal of property to achieve a fair and equitable assessment. Preparation and presentation of the Annual Classification Report to the Board of Selectmen. Reviews, assesses, and determines abatements. M.G.L. Chapter 40A, Section 24. ATM 1985. 3 Members (3-year term). CABLE ADVISORY COMMITTEE Works with the Town’s licensed cablevision supplier in meeting the needs and services of the Town. Periodic review and recommendations to the Board of Selectmen of license approval. Acts of 1971, M.G.L., Chapter 1103, Sec. 166A. Selectmen Policy 1969. 5 Members (3-year term). Town Administrator CAPITAL BUDGET COMMITTEE Committee reviews all requests for capital items from Town departments and makes recommendations to Board of Selectmen, Finance Committee, and Town Meeting. ATM 1984, Article 40. 7 Members (4-year term) consists of 1 Finance Committee Member, 1 Planning Board Member, and 5 At-Large Members. COMMUNITY HOUSING COMMITTEE Responsible for the oversight and coordination of initiatives and projects that will increase both the availability of and the access of affordable housing in Yarmouth. 10 Members and 3 Alternates (staggered 3-year term). A full member shall be a representative from the Yarmouth Housing Authority and an Alternate shall be a member of the Planning Board. Alternates shall have the right to vote in the absence of a regular member and partake in all discussions. Quorum: 5 Members. COMMUNITY PRESERVATION COMMITTEE Committee studies the needs, possibilities and resources of the Town regarding community preservation. Recommendations made to Board of Selectmen on projects to be funded by resources in the Community Preservation Fund. ATM 2005, Article 10 9 Voting Representative Positions (3-year term). COMMUNITY ECONOMIC Coordinates economic development activities in the Town. Defines and 274 DEVELOPMENT COMMITTEE becomes familiar with local resources that may aid the economic development process. Works with existing businesses to facilitate expansion and encourages retention. Monitors regulations that will impact the Town. Monitors and reports on expenditures of economic development funds. 7 members (5 at-large; Director of Chamber of Commerce; 1 Planning Board representative) CONSERVATION COMMISSION Regulatory review and issuance of permits, pursuant to the Massachusetts Wetland Protection Act. M.G.L. 131, Section 40, and the Town of Yarmouth Wetland By-Law (M.G.L. Chapter 143). The Commission also manages over 1,600 acres of conservation land throughout the Town. M.G.L. Chapter 40, Section 8C. ATM 1961, Article 87. 7 Members - not less than 3, no more than 7 (3-year staggered team). Removal: For cause, after a public hearing by the authority. COUNCIL ON AGING The Council serves the elderly by sponsoring health-related education and recreational programs beneficial to senior citizens. M.G.L. Chapter 40, Section 8B. ATM 1968, Article 92. ATM 1983, Article 3. 9 Members (3-year term). CULTURAL COUNCIL Meets summer through fall once a month and, as needed, depending upon the volume of grants received. Local committee supported by monies from Massachusetts Cultural Council to review and award grants for the furtherance of cultural pursuits in and for the Town. May have ex-officio or advisory members with no vote. May reappoint after 1-year absence. Members should show scholarship or creativity in or distinguished service to the arts and humanities. Vacancy: Successor serves for a 2-year term until the qualification of the successor. DESIGN REVIEW BOARD The Board shall work to promote and encourage the recognition, revitalization and replication of the distinctive and historical elements of Yarmouth which give its unique character and identity. The Board shall prepare and submit relevant comments for all projects reviewed thru the Site Plan Review process, which are located south of Route 6. BOS Vote 5/24/05 3 Members (staggered 2 year terms) Voted 2/14/06 to increase membership to 5 members. DISABILITY COMMISSION Coordinates and carries out programs designed to meet problems of handicapped in coordination with the Office of Handicapped Affairs. Reviews and submits recommendations on handicap accessibility for the Town and its handicapped citizens and visitors. Also works with monitoring program on handicapped parking violations. M.G.L. Chapter 40, Section J. No more than 7 Members, 3-year terms. Vacancy until expiration of term. FINANCE COMMITTEE Oversees and advises on the Town’s financial matters. The Committee works throughout the year, although more concentrated work, typically involving a two-per-week meeting schedule, is required as the proposed budget for the coming fiscal year is reviewed prior to the Annual Town Meeting. The Committee reviews, in detail, all monetary proposals to be brought forward at Town Meeting and provides recommendations on each article for the benefit of the voters. M.G.L. Chapter 39, Section 16. ATM 1977, Article 5. 7-9 Members (staggered 3-year term). FIRE ADVISORY COMMITTEE Assists the Fire Chief in studying specific administrative inquires. The Committee analyzes data and studies problems, as requested by the Fire Chief. The results of these studies will assist the Fire Chief in administering the department and be reported to the Government Oversight Committee and the Board of Selectmen for their review. 275 BOARD OF HEALTH Concerned with all aspects of public health as they relate to daily living standards and is active with such issues as environmental standards, pollution control, land development septic system standards, hazardous waste mitigation, and public health programs and measures. M.G.L. Chapter 41, Section 21. ATM 1980, Article 57. 4 Members (3-year term). HISTORICAL COMMISSION Established for the preservation, protection, and development of the historical and archeological assets of the Town. The Commission conducts researches for places of historic or archeological value and cooperates with the state archeologists and seeks to coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which it deems necessary for its work. Makes recommendations for the preservation of historic sites or objects to the Board of Selectmen. M.G.L. Chapter 40, Section 8D. ATM 1977, Article 22. 7 Members (3-year term), Alternate (1-year term). Removal: For cause, after public hearing by the authority. LIBRARY BOARD Provides all residents of the Town with modem, comprehensive, and readily accessible library and information services. Reports on library governance and policy and planning issues on a regular basis to the Board of Selectmen. STM August 1994. Selectmen Policy December 6, 1994. 7 Members (3 overlapping terms). 3 At-Large from other than existing library association boards. Each library association shall have 2 Members; 1 Voting, and 1 Alternate. The final and 4th Alternate shall come from a majority vote of the remaining 6 Yarmouth Library Board Members. A Yarmouth junior and senior high school student shall have a non-voting membership. OLD KINGS HIGHWAY COMMITTEE Administers the historic arts which pertain to building and/or alterations to existing buildings in the Historic District, which extends from Route 6 to Cape Cod Bay. Interprets the Act and coordinates the over-all operation of the District. M.G.L. Chapter 470, Section 7 Elected, serving 4-year terms, except for builder/architect and alternates, who are appointed Alternates and builder/architect serve 1-year terms. Builder/architect must have 5 years experience in the building trades. PARKERS RIVER MARINA PARK COMMITTEE Works with Natural Resources Director and Town Engineer to develop plans and specifications for construction of a marina on former drive-in site on Route 28, West Yarmouth. The Marina Development Committee is comprised of 8 members (4 residents, one of whom must reside in general area of proposed marina); 3 business representatives; 1 member of current Yarmouth Waterways Committee). PERSONNEL BOARD Establishes policies, procedures, and personnel policy guidelines. Approves classification for positions and recommends content and format for job descriptions. M.G.L. Chapter 41, Section 1088. 5 Members (3-year term). PLANNING BOARD/LOCAL PLANNING COMMITTEE Board acts as the Town’s local planning committee which reviews plans, projects, subdivisions, and zoning by-laws. Also instrumental and active in preparation of Yarmouth’s Local Comprehensive Plan and presentation of by- law recommendations at public hearings, Selectmen, and Town Meeting. Careful study of resources, possibilities and the needs of the Town with respect to conditions injurious to public health, rental dwellings, development of municipality with special reference to proper housing. M.G.L. Chapter 41, Section 81A. ATM 1979, Article 58. 5 Members serving 5-year staggered terms. Annual Report at Town Meeting Vacancy: Unexpired term until next annual election. 276 RECREATION COMMISSION Plans and coordinates recreational activities for the Town. Works on the development of the Town’s recreational acquisitions and recreational area. M.G.L Chapter 45, Section 14. ATM 1979, Article 35. ATM April 1984, Article 28. 7 Members (staggered 3-year term). 3 Alternates (3-year term). Vacancy: Until expiration of term. RECYCLING & SOLID WASTE ADVISORY COMMITTEE The Committee is a State-mandated committee whose membership consists of approximately five to seven members. Their charge is to study disposal and recycling methods and costs and make recommendations to the Board of Selectmen, public education, the SEMASS contract, and residential and commercial recycling are major issues addressed by this Committee. BOARD OF SELECTMEN Serves as the chief executive goal-setting and policy-making agency of the Town, and as such, appoints an administrator to carry out day-to-day policies. All executive powers of the Town are vested in the Board of Selectmen and it has all the powers and duties given to boards of selectmen under the Constitution and General Laws of Massachusetts and such additional powers and duties as may be authorized by the charter, by-laws, or Town Meeting vote. Also, the Board of Selectmen is the licensing board for the Town. 5 Members (elected at-large for 3-year overlapping term). WATERWAYS/SHELLFISH ADVISORY COMMITTEE Reviews coastal projects, policies, rules, regulations and ultimately provides recommendations to the Division of Natural Resources and the Board of Selectmen who consider all aspects of Coastal Resource Management. ATM April 2002, Article 23. YARMOUTH REP. TO BARNSTABLE COUNTY ASSEMBLY OF DELEGATES Elected representative to represent the Town’s interests in all matters encompassing the regional aspects that Cape Cod faces. YARMOUTH REP. TO THE CAPE COD COMMISSION Protection of the Town’s interest in preservation of the County’s unique character, public health, safety, and general welfare, to maintain and enhance sound local and regional economies, and to ensure economic development. 3- year term, No temporary appointments. Removal: Cannot remove member prior to expiration of 3-year term and only if that member voluntarily resigns, fails to meet residency or registered voter requirement. YARMOUTH REP. TO THE STEAMSHIP AUTHORITY Protection of the Town’s interest on impact, revitalization, and waterway issues. Attends monthly Commissioner’s meeting, and reports concerns to the Board of Selectmen. 277 REFERENCE GUIDE AND TOWN OF YARMOUTH TELEPHONE NUMBERS (TOWN HALL MAIN NUMBER: 508 398 2231) EMERGENCIES 911 Police Department Fire Department All Purposes 508 775 0445 All Purposes 508 398 2212 State Police 508 398 2323 SCHOOL DEPARTMENT Administration Building 508 398 7600 D/Y Regional High 508 398 7630 Mattacheese Middle 508 778 7979 Laurence MacArthur 508 398 7685 Marguerite E. Small 508 778 7975 Station Avenue Elementary 508 760 5600 CHAMBER OF COMMERCE 508 778 1008 CONSUMER ASSISTANCE COUNCIL 508 771 0700 COUNTY: Barnstable County Complex 508 362 2511 GOVERNMENT OFFICIALS FEDERAL STATE Senator Elizabeth Warren Senator Daniel Wolf Boston 617 565 3170 Barnstable 508 775 0162 Washington, D.C. 202 224 4543 Boston 617 722 1567 Senator John Kerry Representative Cleon Turner Boston 617 565 8519 East Dennis 508 385 2561 Washington, D.C. 202 224 2742 Boston 617 722 2090 Congressman William Keating Representative Brian Mannal (Precincts 3, 5, 6 Yarmouth) Hyannis 508 771 0666 Barnstable 508 771 5422 Washington, D.C. 202 225 3111 Boston 617 722 2080 LOCAL Selectmen 508 398 2231 Ext. 1271 Town Administrator 508 398 2231 Ext. 1271 Town Departments/Divisions Accounting/Finance 508 398 2231 Ext. 1274 DPW Office 508 398 2231 Ext. 1290 Appeals, Board of 508 398 2231 Ext. 1285 Disposal Area 508 760 4870 Assessors 508 398 2231 Ext. 1222 Dog Officer 508 394 4422 Cemetery 508 778 6624 Engineering 508 398 2231 Ext. 1250 Clerk 508 398 2231 Ext. 1216 Golf Courses Collector 508 398 2231 Ext. 1233 Bass River 508 398 9079 Community Development 508 398 2231 Ext. 1275 Bayberry Hills 508 394 5597 Community Preservation 508 398 2231 Ext. 1277 Health, Board of 508 398 2231 Ext. 1241 Conservation 508 398 2231 Ext. 1283 Highway Division 508 775 2516 Inspection Division Natural Resources 508 760 4800 Building 508 398 2231 Ext. 1261 Old King’s Highway 508 398 2231 Ext. 1292 Gas and Plumbing 508 398 2231 Ext. 1262 Park Division 508 775 7910 Inspector of Signs 508 398 2231 Ext. 1265 Planning Board 508 398 2231 Ext. 1276 278 Wiring 508 398 2231 Ext. 1263 Recreation 508 790 9133 Libraries (Flax Pond) 508 760 4815 South Yarmouth 508 760 4820 Senior Services 508 394 7606 West Yarmouth 508 775 5206 Technology Administrator 508 398 2231 Ext. 1297 Yarmouth Port 508 362 3717 Treasurer 508 398 2231 Ext. 1217 Licenses 508 398 2231 Ext. 1268 Water Division 508 771 7921 TOWN HALL FAX 508 398 2365 VETERANS SERVICES 888 778 8701 YARMOUTH HOUSING AUTHORITY 508 398 2920 CITIZEN INFORMATION SERVICE 800 392 6090 (This service offers answers to questions about State government and directs citizens to the proper State office for help) 279 TOWN OF YARMOUTH TALENT BANK FORM The Board of Selectmen would like your experience and expertise to serve on a Committee, Board or Special Study Group. Please complete this form and file it with the Town Administrator’s Office at Town Hall, 1146 Route 28, S. Yarmouth, MA 02664 if you are interested or call 508-398-2231 ext. 1270. Name Date Address Precinct No. Phone # Email Residency: Full Time Part Time None/Business Owner Indicate below the areas you are especially interested in: Board of Appeals Energy Committee Board of Assessors Finance/Capital/Investment* Board of Health Golf Enterprise Committee Cable Advisory Committee Historical/Old King’s Highway Charter/Government Oversight Library Board Community & Economic Development Comm. Open Space Committee Community Housing Committee Personnel Board Community Preservation Committee Planning Board Conservation Commission Recycling & Waste Management Council on Aging Recreation Commission Cultural Council Scholarship Fund Committee Design Review Committee Waterways/Shellfish Advisory Disability Commission Other __________________________ Please complete the reverse side of this application with more detailed information about yourself. * Not appointed by the Board of Selectmen 281 VOLUNTEER INFORMATION 1. Work Experience/Occupation: 2. Educational Studies: 3. Community Service Record: 4. Personal History (Optional): 5. State briefly why you are interested in serving the Town in the area of government indicated: *Applicants may attach copies of personal resumes if desired and available. FOR OFFICIAL USE ONLY CONTACT DATE COMMITTEE RESULT STATUS UPDATE 282