Complete Copy of This Years Ballot

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Subject: THE COMPLETE COPY OF THIS YEARS ATKINSON'S BALLOT



To: Atkinson Taxpayers Mailing List & Taxpayers For Fair Evaluations Committee Mailing List
Fr: Atkinson Taxpayers Committee
Subject: Atkinson's Voting Day Is This Tuesday. Your vote is important.

Listed below is THE COMPLETE COPY OF THIS YEARS BALLOT to assist you in voting. Please print out this ballot and share it with others via email. You can use it as a reference and take it to the voting booth if that helps.


Please vote. This may be the most important year ever for your vote to count.

State of New Hampshire
Town of Atkinson

Amended 2008 Town Meeting Warrant

Article 2008-02
Are you in favor of the following Amendment proposed by the Planning Board, which would amend the following sections of the Atkinson Building Codes in accordance with NH RSA 155-A.

Section 610:1 to read as follows "All conventionally constructed buildings shall conform to and comply with the New Hampshire State Building Codes."
Section 610:2 will be deleted because the State Building Codes are more stringent.

Section 610:3 and 630:1 will be deleted, as they would be included in the amended section 610:1.

Article 2008-03
Are you in favor the following Amendments to the Zoning Ordinance proposed by the Planning Board which would replace the existing Floodplain Conservation District Ordinance section 420:1 to 420:5 with the Floodplain Management Ordinance, which will update the ordinance to federal standards in order to bring the Town of Atkinson into compliance with the requirements of the National Flood Insurance Program and to update Section 300, Definitions, accordingly.

Not Recommended by Taxpayers For Fair Evaluations

Article 2008-04 Operating Budget

Shall the Town of Atkinson raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling four million eighty eight thousand five hundred fifty dollars ($4,088,550). Should this article be defeated, the default budget shall be four million seventy-one thousand four hundred forty-two dollars ($4,071,442), which is the same as last year, with certain adjustments required by previous action of the Town of Atkinson or by law or the governing body may hold one special meeting, in accordance with RSA 40:13,X and XVI, to take up the issue of a revised operating budget only. NOTE: This Warrant Article does not include appropriation in any other warrant article. (Majority vote required)
Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations Let it go to default budget

Article 2008-05 Walker Road Paving
Shall the Town vote to raise and appropriate the sum of one hundred forty-five thousand eight hundred and eighty-nine dollars ($145,889) for reclamation, paving and drainage for 2,600 feet of Walker Road? All work will be done under the supervision of the Road Agent. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Recommended by Taxpayers For Fair Evaluations


Article 2008-06 Washington Road Paving
Shall the Town vote to raise and appropriate the sum of forty-two thousand and ninety dollars ($42,090) for reclamation, paving and drainage for 1,003 feet of Washington Road? All work will be done under the supervision of the road agent. This article is in addition to Article 2008-04, the operating budget.
Recommended by the Board of Selectmen
Recommended by the Budget Committee
Recommended by Taxpayers For Fair Evaluations

Article 2008-07 Shim and Overlay
Shall the Town vote to raise and appropriate the sum of one hundred thirty-five thousand dollars ($135,000) for shim and overlay work on Atkinson Farm Road, Spickett Valley Road and Providence Hill Road? All work will be done under the supervision of the Road Agent. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Recommended by Taxpayers For Fair Evaluations

Article 2008-08 Police Department Driveway
Shall the Town vote to raise and appropriate the sum of fourteen thousand seven hundred dollars ($14,700) to construct a driveway exit from the back parking lot of the Police Station onto Academy Avenue. All work will be done under the supervision of the Road Agent. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-09 Communications Tower
Shall the Town vote to raise and appropriate the sum of six hundred eighty three thousand dollars ($683,000) for the construction and erection of a 120’ monopole communications tower and for the purchase, and professional installation of the public safety communications equipment needed as described in Option-4 of the CDCG engineering study of 2007, and to be constructed on Town owned property located behind the Atkinson Fire Station. The tower will be designed for the use of Town Emergency Communications equipment, with room for future expansion as the need arises, and will be maintained by the Town. Should this article pass, Article 2008-10 is null and void. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Not Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-10 Communications Tower
Shall the Town of Atkinson vote to establish a Capital Reserve Fund for the Town’s public safety communications system and raise and appropriate the sum of One Hundred Thousand Dollars ($100,000) to deposit in the newly established Public Safety Communications Capital Reserve? Should Article 2008- 9 pass, this Article, Article 2008- 10, is null and void.

Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations



Article 2008-11 Communications Tower
Shall the Town vote to raise and appropriate the sum of four hundred eighty four thousand dollars ($484,000) for the purchase of public safety communications equipment needed and the professional installation of the public safety communications equipment on a monopole tower with a maximum height of 180’ in height located on Town owned property behind the Atkinson Fire Station as specified by Option-2 of the CDCG engineering study of 2007. The monopole tower shall be erected by a Commercial Communications or Development Company who shall be responsible for the construction costs and maintenance of said tower. Said Commercial Communications or Development Company shall secure the primary site location of Atkinson emergency communications equipment and microwave communication linkage equipment on said tower. Should either Article 2008-9 or Article 2008-10 pass this Article, Article 2008-11 is null and void. This article is in addition to Article 2008-04, the operating budget.

Not Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-12 Fire Department Capital Reserve
Shall the Town vote to raise and appropriate the sum of Sixty Thousand Dollars ($60,000) to be added to the Fire Department Capital Reserve Fund previously established for the purpose of acquiring fire equipment and vehicles as determined by the Board of Engineer’s Capital Improvement Plan. The approximate current balance is one hundred eighty six thousand twenty-four dollars $186,024. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Recommended by Taxpayers For Fair Evaluations

Article 2008-13 New Ambulance
Shall the Town vote to appropriate the sum of one hundred forty seven thousand nine hundred fifty dollars ($147,950) from the Fire Department Capital Reserve Fund for the purchase of a new ambulance as part of the regular Fire Department equipment replacement program? This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-14 Recreation Capital Reserve
Shall the Town vote to raise and appropriate the sum of Twenty Five Thousand Dollars ($25,000) to be added to the Recreation Capital Reserve Fund. The purpose of the fund is for the acquisition, design, renovations, and development of the recreation area including fields and playgrounds. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations


Article 2008-15 East Road Recreation Development & Design
Shall the Town vote to appropriate the sum of thirty thousand dollars ($30,000) for survey engineering/design site plans to include septic design, test well, road cut for state approval, parking lot design, 1 full athletic field, ½ play field, bocce/horseshoe area, walking paths at the East Road Recreation area (Map 15; Lot 27) and authorize the withdrawal of thirty thousand dollars ($30,000) from the Recreation Capital Reserve Fund created for this purpose. No tax dollars need to be raised for this warrant article. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-16 East Road Recreation Construction, Phase I
Shall the town vote to appropriate the sum of forty five thousand dollars ($45,000) to begin construction of the new East Road Recreational area, (Map 15; Lot 27) and authorize the withdrawal of forty five thousand ($45,000) from the Recreation Capital Reserve Fund created for this purpose? No tax dollars need to be raised for this warrant article. This article is in addition to Article 2008-04, the operating budget.
Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-17 Mosquito Control Program
Shall the Town vote to raise and appropriate the sum of forty thousand five hundred thirty three dollars $40,533 to be added to the Mosquito Control Expendable Trust Fund? This is the total expended last year. The current balance is seven thousand four hundred sixty seven dollars ($7,467). The established cap for the fund is forty eight thousand dollars ($48,000). This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Recommended by Taxpayers For Fair Evaluations

Article 2008-18 Cemetery Mapping
Shall the Town vote to raise and appropriate the sum of ten thousand two hundred fifty dollars ($10,250) to have the cemetery and burial lots mapped? Such mapping activities will store internment information for the deceased, provide available inventory, sales and purchase history and record deed information. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-19 Cemetery Design & Development
Shall the Town vote to raise and appropriate the sum of forty thousand dollars ($40,000) for the layout, design and development of a new section of the cemetery? This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-20 Assistant Road Agent
Shall the Town vote to authorize the conversion of the Assistant Road Agent position from part to full-time, and to raise and appropriate the sum of ten thousand six hundred fifty dollars ($10,650) to fund the additional costs of health insurance, retirement, and salary. Funding for the position will be included in the 2009-operating budget. This article is in addition to Article 2008-04, the operating budget.
Recommended by the Board of Selectmen
Not Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-21 Membership in NH Special Operations Unit
Shall the Town vote to raise and appropriate the sum of five thousand dollars ($5,000.00) for the purpose of funding Police Department membership in the Southern New Hampshire Special Operations Unit, a regional mutual aid organization. This article is in addition to Article 2008-04, the operating budget.
Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-22 Police Department SPOTS Terminal
Shall the Town vote to raise and appropriate the sum of two thousand two hundred forty nine dollars ($2,249.00) for the purpose of adding the State Police Online Telecommunication Systems (Spots) to the existing laptops in three police vehicles. The FY 2009 budget will be two thousand eight hundred dollars, ($2,800.00) for wireless plans and Annual Maintenance agreement and be included in the operating budget. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-23 Records Management System
Shall the Town vote to raise and appropriate the sum of six thousand dollars ($6,000) to hire a records management consultant to inventory, survey, and analyze town records for the purpose of creating a records management system, defining the storage space needs associated with records retention to meet the statutory requirements for records storage, retention and destruction as defined under RSA 33-A. This article is in addition to Article 2008-04, the operating budget.

Recommended by the Board of Selectmen
Not Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations


Article 2008-24 Town Office Addition
Shall the Town vote to raise and appropriate the sum of six hundred fifty-nine thousand dollars ($659,000) to expand Town Hall and to include the building and equipping of a cable studio for Atkinson Community Television, and to authorize the withdrawal of three hundred nine thousand dollars ($309,000) from the Atkinson Community Television Capital Reserve Fund established for such purpose to offset the cost of the expansion with the remaining balance of three hundred fifty thousand ($350,000) to be raised by taxation? This article is in addition to Article 2008-04, the operating budget.
Recommended by the Board of Selectmen
Not Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-25 Town Office Addition
Shall the Town of Atkinson vote to establish a Capital Reserve Fund for an addition to Town Hall and raise and appropriate the sum of fifty thousand dollars ($50,000) to be deposited in the newly established Town Hall Addition Capital Reserve Fund. If Article 24 passes this Article is null and void.

Recommended by the Budget Committee
Not Recommended by Taxpayers For Fair Evaluations

Article 2008-26 Road Acceptance
Shall the Town vote to accept Hitchcock Lane as a Town road. (Majority vote required.)

Recommended by the Board of Selectmen
Not Recommended by Taxpayers For Fair Evaluations
Article 2008-27 By Petition
To see if the Town will vote to direct the Board of Selectmen/assessor to investigate making the taxpayers property tax card available online.

Recommended by Taxpayers For Fair Evaluations
Article 2008-28 By Petition

To see if the voters will direct the selectmen/assessor to make available to each property owner a copy of their tax card on April 15th of each year.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. You can see your Tax Card Anytime you want now. Please see the original intent listed at the end of this section

Article 2008-29 By Petition
To see if the Town will vote to direct the Board of Selectmen to follow assessing standards set by DRA.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. . Please see the original intent listed at the end of this section
Article 2008-30 By Petition
To see if the voters will vote to direct the position of Town Administrator to work in harmony with the Board of Selectman and the residents of Atkinson.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. Please see the original intent listed at the end of this section

Article 2008-31 By Petition
To see if the voters will vote to direct the selectman to vigorously pursue countersuits for damages for legal fees and lost productivity costs to the Town against any entity or citizen who files frivolous suits against the Town or its officials.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. . Please see the original intent listed at the end of this section

Article 2008-32 By Petition
To see if the voters will direct the selectmen to dispose of capital equipment (vehicles, computers, furniture, etc.) by public auction or trade, as many other towns do. This will ensure taxpayers reach the widest possible market, and receive full market value for their equipment [sic]. When passed, this warrant article will become effective immediately.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. . Please see the original intent listed at the end of this section

Article 2008-33 By Petition
Will the Town of Atkinson strictly adhere to New Hampshire RSA’s as they pertain to water withdrawal.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article. . Please see the original intent listed at the end of this section

Article 2008-34 By Petition
Will the Town of Atkinson strictly adhere to New Hampshire RSA’s as they pertain to water withdrawal and quality.

Not Recommended by Taxpayers For Fair Evaluations because it was not the original intent of the Citizens Petitioned Warrant Article . Please see the original intent listed at the end of this section

Article 2008-35 State Election Polling Hours
To see if the Town, pursuant to RSA 39:3 shall change the polling hours for State Elections. And upon an affirmative vote, the governing body of the town shall notify the secretary of state, by the filing deadline established in RSA 655:14, of the approved times for the question to be printed on the next state general election ballot. Polling hours in the town of Atkinson are now 7:00 am to 8:00 pm. Shall we place a question on the state election ballot to change polling hours so that polls shall open at 7:00 am and close at 7:30 pm for all regular state elections beginning in November 2008
.
Not Recommended by Taxpayers For Fair Evaluations






ORIGIONAL INTENT OF CITIZEN PETITIONED WARRANT ARTICLES

Article 2008-25 By Petition
To see if the Town will vote to direct the Board of Selectmen/assessor to immediately mail a copy of any changes made to a taxpayer’s property tax card, with the reason(s) as to why it was changed. (This would allow every taxpayer to have advanced notice to any changes that would effect [sic] their [sic] tax bill.) When passed, this warrant article will become effective immediately.

Article 2008-26 By Petition
To see if the voters will direct the selectmen/assessor to mail each property owner a copy of their tax card on April 15th of each year. This is because there are so many mistakes on tax cards, and would allow afford [sic] each property owner time to review and correct the information. When passed, this warrant article will become effective immediately.

Article 2008-27 By Petition
To see if the Town will vote to direct the Board of Selectmen to work with local residence [sic] taxpayer group(s) to set and adopt uniform assessment methods and criteria to be used for evaluations of all property within the Town’s borders. Selectmen shall schedule municipal workshops immediately passage, in order to set uniform standards for fair and proportional assessments. Work to be completed by June 15, 2008.

Article 2008-28 By Petition
To see if the voters will vote to eliminate the position of Town Administrator (employee at will). Said position to be replaced by a selectmen’s clerk at a salary of $48,000 per annum to start. (This would save the town Approximately $42,000.00 in salaries/benefits a year.) When passed, this warrant article will become effective within 30 days of passage.

Article 2008-29 By Petition
To see if the voters will vote to prohibit the selectmen from spending taxpayer money on public officials personal legal fees which the taxpayers have no [sic] direct liability for. When passed, this warrant article will become effective immediately.

Article 2008-30 By Petition
To see if the voters will direct the selectmen to dispose of all capital equipment (vehicles, computers, furniture, etc.) by public auction on Ebay, as many other towns do. This will ensure taxpayers reach the widest possible market, and receive full market value for their equipment [sic]. When passed, this warrant article will become effective immediately.

Article 2008-31 By Petition
We, the undersigned residents and registered voters of Atkinson, do hereby petition that the below Warrant Article be included on the ballot for the 2008 Town Meeting:
Whereas, the residents of Atkinson have a duty and responsibility to safeguard Atkinson’s ground water supplies for the health and welfare of current and future town residents, and
Whereas, at Sept. 12, 2007 Special Town Meeting by vote of 753-368, Atkinson’s voters overwhelmingly adopted the "Atkinson Water Withdrawal Control Ordinance", and
Whereas, the New Hampshire Legislature passed N.H. RS41:8 which states that "the selectmen SHALL manage the prudential affairs of the town and perform the duties by law prescribed…" and
Whereas, the courts have ruled that the selectmen’s right and responsibility to "manage the prudential affairs of a town", includes their adoption of any ordinances deemed necessary to protect the health, welfare and safety of the townspeople, and
Whereas, an adequate supply of fresh and clean water for drinking, cooking, bathing and other household used is necessary for the health and welfare of current and future generations of Atkinson residents,
We, the undersigned, petition that at 2008 Town Meeting, the people vote
"To see if the Town will vote to direct the Board of Selectmen, in their capacity as selectmen or as the Board of Health, to adopt the Atkinson Water Withdrawal Control Ordinance as an Atkinson Health Ordinance, (in addition to continuing to be a stand-alone ordinance.)

Article 2008-32 By Petition
We, the undersigned residents and registered voters of Atkinson, do hereby petition that the below Warrant Article be included on the ballot for 2008 Town Meeting:
To see if the Town will Vote to adopt the below-listed THREE AMENDMENTS to the ATKINSON WATER WITHDRAWAL CONTROL ORDINANCE which was passed at the Sept. 12, 2007 Special Town Meeting.

1. AMEND the FIRST SENTENCE under "SECTION 2, AUTHORITY:" to read as follows:
"This Ordinance is adopted and enacted pursuant to the inherent, inalienable, and fundamental right of the citizens of the Town of Atkinson to self-government and under the authority granted to the people of the Town by all relevant state and federal laws including, but not limited to the following:

2. AMEND "SECTION 4. STATEMENT OF LAW," by ADDING the following
sub-section:
Section 4.1. Rights.
All residents of the Town of Atkinson possess a fundamental and inalienable right to access, use, consume, and preserve water drawn from the sustainable natural water cycles that provide water necessary to sustain life within the Town. Natural communities and ecosystems possess inalienable and fundamental rights to exist and flourish within the Town of Atkinson. Ecosystems shall include, but not be limited to wetlands, streams, rivers, aquifers, and other water systems.

3. Amend "SECTION 6. ENFORCEMENT." by ADDING the below-listed 8 sub-sections:
Section 6.1.
Civil Rights: Any person acting under the authority of a permit issued by the Department of Environmental Services, and corporation operating a State charter or certificate of authority to do business, or any director, officer, owner, or manager of a corporation operating under a State charter or certificate of authority to do business, who deprives any Town resident, natural community, or ecosystem of any rights, privileges, or other laws, shall be liable to the party injured and shall be responsible for payment of compensatory and punitive damages and all costs of litigation to satisfy that liability, including, without limitation, expert and attorney’s fees.

Section 6.2.
Environmental Protection: It shall be unlawful for any corporation or its directors, officers, or managers to interfere with the rights of natural communities and ecosystems to exist and flourish, or to cause damage to those natural communities and ecosystems. The Town of Atkinson, along with any resident of the Town, shall have standing to seek declaratory, injunctive, compensatory, and punitive relief for damages caused to natural communities and ecosystems within the Town, regardless of the relation of those natural communities and ecosystems to Town residents or the Town itself. Town residents natural communities, and ecosystems shall be considered to be "persons" for the purposes of the enforcement of the civil rights of those residents, natural communities, and ecosystems.

Section 6.3.
Civil Rights Enforcement: Any Town resident shall have standing and authority to bring an action under this Warrant Article’s civil rights provisions, or under state and federal civil rights laws, for violations of the rights of natural communities, ecosystem, and Town residents, as recognized by this Warrant Article.

Section 6.4.
Town Action Against Presumption: The foundation for the making and adoption of this law is the people’s fundamental and inalienable right to govern themselves, and thereby secure rights to life, liberty, property, and pursuit of happiness. Any attempts to use county, state, or federal levels of government to pre-empt, amend, alter, or overturn this Warrant Article or parts of this Warrant Article, or to intimidate the people of the Town of Atkinson or their elected officials, shall require the Board of Selectmen to hold public meetings that explore the adoption of other measures that expand local control and the ability of residents to protect their fundamental and inalienable right to self-government.

Section 6.5.
Strict Liability: Persons using corporation to engage in water withdrawal in a neighboring in a neighboring municipality shall be strictly liable for all harms caused to the health, safety, and welfare of the residents of Atkinson from those activities, and for all harms caused to ecosystems and natural communities within Atkinson.

Section 6.6.
Liability: No permit, license, privilege or charger[sic] issued by any State or federal Regulatory Agency, Commission or Board to any person or any corporation operating under a State charter, or any director, officer, owner, or manager of a corporation operating under a State charger[sic] , which would violate the provisions of this Warrant Article or deprive any Atkinson resident, natural communit6y, or ecosystem of any rights, privileges, or immunities secured by this Warrant Article, the N.H. Constitution, the U.S. Constitution, or other laws, shall be deemed valid within the Town of Atkinson.
Additionally, any employee, agent or representative of any State or federal Regulatory Agency, Commission or Board who issues a permit, license, privilege or charter to any person or any corporation operating under a State charter, which would violate the provisions of this Warrant Article or deprive any resident, natural community, or ecosystem of any rights, privileges, or immunities secured by this Warrant Article, the N.H. Constitution, the U.S. Constitution, or other laws, shall be liable to the party injured and shall be responsible for payment of compensatory and punitive damages and all costs of litigation, including, without limitation, expert and attorney’s fees.

Section 6.7.
Future Lost Profits: Within the Town of Atkinson, corporate claims to "future lost profits" shall not be considered property interests under the law, and thus, shall not be recoverable by corporations seeking those damages.

Section 6.8.
Prohibition on Board of Selectmen Challenge: The Board of Selectmen of the Town of Atkinson or any other agent or agency of the Town shall be prohibited from taking any action to annul, amend, or overturn this Warrant Article, unless such action is approved by a prior Town Meeting at which two-thirds (2/3) of the residents of the Town attending the Town Meeting approve such action.