and facilitate the resolution <strong>of</strong> the grievance, and <strong>report</strong> its recommendations to the referring <strong>Town</strong> authoritywithin an agreed upon timeframe.The Board <strong>of</strong> Health, except in cases <strong>of</strong> imminent danger or public health risk, may forward a copy <strong>of</strong>the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution <strong>of</strong> thegrievance and <strong>report</strong> its recommendations to the Board <strong>of</strong> Health within an agreed upon timeframe.Section 6 – Severability ClauseIf any part <strong>of</strong> this Bylaw is for any reason held to be unconstitutional or invalid, such decision shall notaffect the remainder <strong>of</strong> this Bylaw. The <strong>Town</strong> <strong>of</strong> <strong>Ashburnham</strong> hereby declares the provisions <strong>of</strong> this Bylaw to beseverable.Majority “YES”ARTICLE 24 :To see if the <strong>Town</strong> will vote to borrow a sum <strong>of</strong> money for up to 40 years for thepurpose <strong>of</strong> financing the design, construction, and system upgrades and maintenance as recommended by the “Engineering Report” prepared by Tighe & Bond dated January <strong>2010</strong> including, without limitation, all costsassociated with: Construction <strong>of</strong> a new 1,000,000 gallon pre-stressed concrete water storage tank near the intersection <strong>of</strong>Hastings Road and Cushing Street. Demolition <strong>of</strong> the existing 420,000 gallon High Street Tank Installation <strong>of</strong> approximately 1,000 linear feet <strong>of</strong> 12- inch diameter water main on Hastings Road toservice the new water storage tank Modifications to Water Treatment Plant pumps Paint and refurbishing the existing 510,000 gallon Gardner Hill tank.And that to meet this appropriation, the Treasurer with the approval <strong>of</strong> the Board <strong>of</strong> Selectmen, be authorized toborrow a sum <strong>of</strong> money and to issue bonds or notes there<strong>of</strong> under Chapter 44, Section 8, <strong>of</strong> the General Laws, orgeneral authority; that such bonds or notes shall be general obligations <strong>of</strong> the <strong>Town</strong> and notes and charges shall beso established as to provide sufficient funds to ensure that the entire principal and interest payable on anyborrowing associated with this project will be assessed to the users <strong>of</strong> the system; that the Board <strong>of</strong> Selectmen beauthorized to apply for , accept and expend, federal or state aid for the project, that the Treasurer, with approval <strong>of</strong>the Board <strong>of</strong> Selectmen, is authorized to borrow all or a portion <strong>of</strong> such amount from the United StatesDepartment <strong>of</strong> Agriculture (USDA), and otherwise to contract with the USDA with respect to any such loan; andthat the Board <strong>of</strong> Selectmen is authorized to expend all funds available from the project and to take other actionnecessary to carry out this project; including but not limited to entering into any and all contracts on such termsand conditions as are in the best interest <strong>of</strong> the <strong>Town</strong>; provided, however, that the Board <strong>of</strong> Selectmen hasdetermined that grants or other financial assistance are available from the Federal Government, theCommonwealth or any other source, which in the aggregate, will provide at least 30% <strong>of</strong> the project costs, or act inrelation thereto.(Requested by the <strong>Town</strong> Administrator)SELECTMEN RECOMMEND: YES ADVISORY RECOMMEND: YES TAX RATE IMPACT: N/AARTICLE 24 VOTED: On motion <strong>of</strong> Margaret Whitney it was voted to borrow a sum <strong>of</strong> $2.64m for up to40 years for the purpose <strong>of</strong> financing the design, construction, and system upgrades and maintenance asrecommended by the “Engineering Report” prepared by Tighe & Bond dated January <strong>2010</strong> including, withoutlimitation, all costs associated with: Construction <strong>of</strong> a new 1,000,000 gallon pre-stressed concrete water storage tank near the intersection <strong>of</strong>Hastings Road and Cushing Street. Demolition <strong>of</strong> the existing 420,000 gallon High Street Tank Installation <strong>of</strong> approximately 1,000 linear feet <strong>of</strong> 12- inch diameter water main on Hastings Road toservice the new water storage tank Modifications to Water Treatment Plant pumps Paint and refurbishing the existing 510,000 gallon Gardner Hill tank.And that to meet this appropriation, the Treasurer with the approval <strong>of</strong> the Board <strong>of</strong> Selectmen, be authorized toborrow a sum <strong>of</strong> money and to issue bonds or notes there<strong>of</strong> under Chapter 44, Section 8, <strong>of</strong> the General Laws, orgeneral authority; that such bonds or notes shall be general obligations <strong>of</strong> the <strong>Town</strong> and notes and charges shall beso established as to provide sufficient funds to ensure that the entire principal and interest payable on anyborrowing associated with this project will be assessed to the users <strong>of</strong> the system; that the Board <strong>of</strong> Selectmen beauthorized to apply for, accept and expend, federal or state aid for the project, that the Treasurer, with approval <strong>of</strong>the Board <strong>of</strong> Selectmen, is authorized to borrow all or a portion <strong>of</strong> such amount from the United StatesDepartment <strong>of</strong> Agriculture (USDA), and otherwise to contract with the USDA with respect to any such loan; andthat the Board <strong>of</strong> Selectmen is authorized to expend all funds available from the project and to take other action25
necessary to carry out this project; including but not limited to entering into any and all contracts on such termsand conditions as are in the best interest <strong>of</strong> the <strong>Town</strong>; provided, however, that the Board <strong>of</strong> Selectmen hasdetermined that grants or other financial assistance are available from the Federal Government, theCommonwealth or any other source, which in the aggregate, will provide at least 30% <strong>of</strong> the project costs.Unanimous “YES”ARTICLE 25:To see if the <strong>Town</strong> will vote to authorize the Board <strong>of</strong> Selectmen to dispose <strong>of</strong> a2001 Ford Crown Victoria, and 2003 Ford Crown Victoria as excess vehicles, or act in relation thereto.(Requested by the <strong>Town</strong> Administrator)SELECTMEN RECOMMEND: YES ADVISORY RECOMMEND: YES TAX RATE IMPACT: N/AARTICLE 25 VOTED: On motion <strong>of</strong> Ron Reed, it was voted to authorize the Board <strong>of</strong> Selectmen todispose <strong>of</strong> a 2001 Ford Crown Victoria, and 2003 Ford Crown Victoria as excess vehicles.Unanimous “YES”ARTICLE 26:To see if the <strong>Town</strong> will vote transfer the following eight parcels, totalingapproximately 8 acres, and currently held by the Selectmen, as conservation land and in to the care and custody <strong>of</strong>the Conservation Commission in accordance with M.G.L. Chapter 40, Section 8C. The parcels are located onLakeshore Drive and are identified on <strong>Town</strong> Assessor maps as Map 56, Parcels 42, 43, 44, 46, 47, 48, 49 and 52.(Requested by Citizens Petition.)SELECTMEN RECOMMEND: YES ADVISORY RECOMMEND: YES TAX RATE IMPACT: N/AARTICLE 26 VOTED: On motion <strong>of</strong> Gary Howland, it was voted transfer the following seven parcels,totaling approximately 7 acres, and currently held by the Selectmen, as conservation land and in to the care andcustody <strong>of</strong> the Conservation Commission in accordance with M.G.L. Chapter 40, Section 8C. The parcels arelocated on Lakeshore Drive and are identified on <strong>Town</strong> Assessor maps as Map 56, Parcels 42, 43, 44, 46, 47, aportion <strong>of</strong> 48, and 49.Unanimous “YES”ARTICLE 27:To see if the <strong>Town</strong> will vote to transfer land identified on the Assessor’s MapMap 20 Parcel 96 Williams Road 22,216 SFMap 38 Parcel 28 Gibson Road 235,111 SFMap 44 Parcel 22 Holiday Road 15,014 SFMap 49 Parcel 8 Dunn Road 43,560 SFMap 21 Parcel 120 Old Reservoir 16,552 SFMap 56 Parcel 52 Lakeshore Drive 82,663 SFto the Board <strong>of</strong> Selectmen as surplus property for the purpose <strong>of</strong> sale and further to authorize the Board <strong>of</strong>Selectmen to so convey said land on such terms and conditions as are in the best interest <strong>of</strong> the <strong>Town</strong>, or act inrelation thereto. (Requested by the <strong>Town</strong> Administrator)SELECTMEN RECOMMEND: YES ADVISORY RECOMMEND: YES TAX RATE IMPACT: N/AARTICLE 27 VOTED: On motion <strong>of</strong> Margaret Whitney, it was voted to transfer land identified on theAssessor’s Map as printed in the warrant to the Board <strong>of</strong> Selectmen to so convey said land on such terms andconditions as are in the best interest <strong>of</strong> the <strong>Town</strong>.2/3 Majority “YES”Map 20 Parcel 96 Williams Road 22,216 SFMap 38 Parcel 28 Gibson Road 235,111 SFMap 44 Parcel 22 Holiday Road 15,014 SFMap 49 Parcel 8 Dunn Road 43,560 SFMap 21 Parcel 120 Old Reservoir 16,552 SFMap 56 Parcel 52 Lakeshore Drive 82,663 SFARTICLE 28:To see if the <strong>Town</strong> will vote to amend Sections 5.4 and 5.5 <strong>of</strong> the <strong>Town</strong> <strong>of</strong><strong>Ashburnham</strong> Wetland Protection Bylaw as passed at the 2006 Annual <strong>Town</strong> Meeting in the following manner:Section 5.4: By deleting “The fee shall be deposited in a special account established pursuant to G.L.Ch. 44 §53G, from which the Commission may withdraw funds without furtherappropriation for use only for wetland protection activities.” and replacing it with “Thesefees shall be made available to and used by the Commission only for the administrationand enforcement <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Ashburnham</strong> Wetlands Protection Bylaw.”26
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UNITED STATES SENATORSSenator Scott