RESULTS OF SPECIAL TOWN MEETING

May 6, 2000

Constable James A. Victoria returned the warrant to the Town Clerk at 9:15 a.m.

With a quorum present, Moderator Dennis M. Moore called the meeting to order. Rules of the meeting were read.

SPECIAL TOWN MEETING ARTICLES

Article 1. The motion was made and seconded to appropriate from the Commonwealth of Massachusetts Chapter 90 funds the sum of $117,165.40 to be used by the Highway Department in accordance with the General Laws.

VOTE: UNANIMOUS

Article 2. The motion was made and seconded to appropriate the sum of $26,000 from FREE CASH for the purpose of paying legal services fees.

VOTE: UNANIMOUS

Article 3. The motion was made and seconded to transfer the sum of $6,000 from the Town Office Clerical account, $4,000 from the Veterans Benefits account and $4,000 from Town Common Repairs for the purpose of paying an architect, engineer and grant writer to assist the Town in preparing grants to fund the rehabilitation of the Lyman Building.

VOTE: 107 – YES 69 – NO PASSED

Article 4. The motion was made and seconded to postpone article 4 indefinitely.

VOTE: UNANIMOUS

Article 5. The motion was made and seconded to transfer the sum of $4,040.86 from the Tax Title Expenses account and $1,870 from the Millennium Event account and $89.14 from the County Retirement account for the purpose of paying police expenses.

VOTE: UNANIMOUS

Article 6. The motion was made and seconded to transfer the sum of $400 from Town Common Repairs account and $557.78 from the Tax Title Expenses account to the conservation Fund pursuant to G.L. c. 40, Sec. 8C.

VOTE: PASSED

Article 7. The motion was made and seconded to authorize the Selectmen to acquire by purchase, eminent domain or otherwise as provided by law, on such terms and conditions as are the Town’s best interest a portion of the property known as the Lyman Fields consisting of approximately 12.5 acres as shown on a plan of land entitled "Plan of Land of Klaus & Andrea S. Kater" by Szoc Surveyors dated April 11, 2000, for cemetery purpose and open space, subject to such restrictions as the Selectmen deem necessary to carry out these purposes, transfer the sum of $98,000 from the Landfill Escrow Account for any and all costs associated with this purpose, and to authorize the Selectmen to apply for and expend any grant available for this purpose.

A motion was made and seconded for article 7 to omit "eminent domain or otherwise provided by General Laws".

VOTE ON AMENDMENT: DEFEATED

VOTE TO END DEBATE: PASSED

VOTE ON ORIGINAL ARTICLE: UNANIMOUS

Article 8. The motion was made and seconded to authorize the Selectmen to acquire by purchase, eminent domain or otherwise as provided by law, on such terms and conditions as are in the Town’s best interest certain parcels of land located on Mt. Watatic consisting of approximately 231 acres being the parcels shown on Assessor’s Map 1, Parcel 2 and further being the same land as shown on a plan of land entitled "Compiled Plan of Land Located in Ashby and Ashburnham, Massachusetts owned by David J. Fenton Jr., Trustee of the "Mt. Watatic Nominee Trust" by Hub Survey Associates, Inc., dated March 9, 2000, for the protection of open space, and further to authorize the Selectmen to grant such easements as may be appropriate for access by the owner thereof to remaining land in the Town of Ashburnham, said acquisition and all costs associated therewith to be paid for by gifts and/or grants to the Town of Ashby for such acquisition.

A motion was made and seconded to amend article 8 by removing the words "eminent domain".

VOTE TO END DEBATE: PASSED

VOTE ON AMENDMENT: DEFEATED

VOTE ON ARTICLE 8. 184 – YES 9 – NO PASSED

Article 9. The motion was made and seconded to transfer the sum of $1,640.86 from the County Retirement account, $1,800 from Group Insurance account, $100 from the Earth Removal Board Expenses account and $3,500 from the Temporary Loan Interest account to the Reserve Fund account for the purpose of replenishing the fund for unforeseen expenditures.

VOTE: UNANIMOUS

The motion was made and seconded to adjourn the meeting, and so voted.

Dianne M. Enus, TOWN CLERK