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water Commissioners of the Mashpee Water District Article 19 1 and the Town of Mashpee elections held in conjunc- tion with one another as of the 2009 Annual elections, To see if the Town will vote to accept the layout as a l or to take any other action relative thereto. public way Equestrian Avenue as shown on a plan i entitled "Easement Taking and Layout Plan of Explanation: Article 21 of the May 7, 2007 Town Equestrian Avenue" in Mashpee, Massachusetts ` meeting was a proposed charter Amendment brought (Barnstable County)", dated May 10, 2007 and pre. by petition. The petitioners indicated that the purpose pared by Eagle Surveying, Inc. which layout shall of the Article was to bring the Mashpee Water District have been filed in the Office of the Town Clerk,not I and the Town elections together so as to maximize later than seven days prior to the date of the vote here- 1 participation in the elections and minimize voter under and to authorize the Board of Selectmen to i inconvenience. The Mashpee Water District Board of acquire by gift, purchase or eminent domain taking Water Commissioners supports these goals. any land necessary for the purposes of such way as so laid out,and to appropriate and transfer from available However, the manner in which Article 21 was worded funds $17,264 to the Equestrian Avenue Roadway creates a great number of problems, financial and oth- Account and to raise said appropriation,the Treasurer, erwise, for the Town and the Water District. Several with the approval of the Board of Selectmen,be autho. legal opinions have been rendered by regular Counsel,, rized to borrow at one time, or from time to time, Special Counsel, and Bond Counsel to the Board of under and pursuant to Chapter 44 Section 7 or 8 or any Selectmen and the Mashpee Water District on these other enabling authority for such purchase or taking issues. and layout including costs of constructing such ways and legal financing and other costs incidental and The Mashpee Water District is seeking legislation to related thereto; and further authorize the Board of change its election dates in order to achieve the goal of Selectmen to assess betterments to the owners of the streamlining the elections. However, in order to pre- land abutting the ways, or take any other action relat vent the many issues and financialproblems associ- ing thereto. ated with Article 21, this article would rescind that vote, and express the Town's support of the Mashpee Submitted by Petition Water District's efforts to change the election date. 'i Motion made to dispense with reading of article Submitted by Petition passes at 8:51 PM The Board of Selectmen does not recommend The Board of Selectmen recommends approval by approval by a vote of 5-0. a vote of 5-0. The Finance Committee does not recommend The Finance Committee recommends approval by approval by a vote of 7-0. a vote of 7-0. Motion made by F. Thomas Fudala: Planning Board voted at a Public Hearing held on April 16, 2008, 4-0 to recommend approval of Motion: I move Article 18 be approved as printed in Article 19, accepting the layout of Equestrian the warrant, except for the phrase "or take any other Avenue as a public way. action relative thereto". Motion made by John Miller: Motion stands as presented at 9:26 PM. Motion: I move that the town vote to accept the lay- Article passes at 9:54 PM. out as a public way Equestrian Avenue as shown on plan entitled "easement taking and layout plan of Motion made for a hand count. Equestrian Avenue" Mashpee Massachusetts 1 (Barnstable County)", dated May 10, 2007 and pre- Motion passes 195 for and 26 against at 9.57PM. pared by Eagle Surveying, Inc. which layout shall . have been filed in the office of the Town Clerk,not 62