County of Dukes County, ss

To either of the Constables of the Town of Aquinnah:

GREETINGS:

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Aquinnah who are qualified to vote in elections and town affairs to meet at the Aquinnah Old Town Hall in said Town on the Twelfth day of May 2009, at 7:00 PM, then and there to act upon the articles of this Warrant, with the exception of Article One. And to meet again at the Aquinnah Town Hall on the Thirteenth day of May 2009, at twelve noon, then and there to act on Article One of the Warrant by the election of officers found on the Official Ballot.

The polls for voting on the Official Ballot will open at twelve noon on Wednesday, May 13, 2009, and will close at 7 PM.

ARTICLE ONE Town Clerk

To elect the following officers on the Official Ballot:

One Selectman for Three Years

One Library Trustee for Three Years

One Planning Board Member for Three Years

One Board of Health Member for Three Years

One Board of Assessors Member for One Year

One Board of Assessors Member for Three Years

One Land Bank Commission Member for Three Years

ANSWER YES OR NO to the following question:

QUESTION ONE: Shall the Town of Aquinnah be allowed to assess an additional $100,000 (One hundred thousand dollars) in real estate and personal property taxes for the purpose of supporting Town appropriations for the fiscal year beginning July first, two thousand and nine?

Yes________ No____________

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ARTICLE TWO Moderator

To hear the reports of the Town Officers and Committees and act thereon.

ARTICLE THREE Board of Selectmen

To see if the Town will vote to appropriate the sums of money required to defray the FY2010 general expenses of the Town as itemized in the budget and to fix the salaries and compensation of all elected officers and employees of the Town as itemized therein, and to fund said appropriations through the tax levy with the exception of police, fire and shellfish/harbormaster wages which will be defrayed in part by a transfer in the amount of $13,840 (thirteen thousand eight hundred forty dollars) from the Waterways Special Revenue Fund 282 as follows: 2% of police wages and salaries; 2% of fire department wages; and 5% of harbormaster wages, with the balances to be funded through the tax levy, or take any other action relative thereto.

ARTICLE FOUR Board of Selectmen

To see if the Town will vote to accept the Up-Island Regional School District Regional Agreement assessment, or take any other action relative thereto.

ARTICLE FIVE Board of Selectmen

To see if the Town will vote to accept the Town of Aquinnah’s Chapter 90 local transportation aid apportionment from the Commonwealth of Massachusetts for fiscal year 2010 in the amount of $27,529 (Twenty-seven thousand, five hundred and twenty-nine dollars), or take any other action relative thereto.

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ARTICLE SIX Community Preservation Committee

To see if the Town will vote to appropriate or reserve for later appropriation monies for the administrative expenses of the Community Preservation Committee, the payment of debt service, the undertaking of Community Preservation projects and all other necessary and proper expenses for the year, from projected fiscal year 2010 Community Preservation revenues of $124,000 (one-hundred twenty-four thousand dollars). Thirty percent of those funds shall be allotted in the following amounts as required by Community Preservation Act legislation:

$12,400 (twelve thousand four hundred dollars) to the Community Preservation Open Space Reserve, and,

$12,400 (twelve thousand four hundred dollars) to the Community Preservation Historic Reserve, and

$12,400 (twelve thousand four hundred dollars) to the Community Preservation Housing Reserve.

In addition, the remaining seventy percent of funds raised during FY2010 shall be reserved for appropriation in the following manner as recommended by the Aquinnah Community Preservation Committee:

$46,200 (forty-six thousand two hundred dollars) to the Community Preservation Historic Preservation Reserve, and,

$37,600 (thirty-seven thousand six hundred dollars) to the Community Preservation Affordable Housing Reserve, and,

$3,000 (three thousand dollars) to the Community Preservation Budgeted Reserve.

or take any other action relative thereto.

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ARTICLE SEVEN Community Preservation Committee

To see if the Town will vote to appropriate monies, from the previously reserved Community Preservation revenues, for all necessary and proper expenses required for the undertaking of the following Historic Preservation projects, to be allotted in the following amounts as recommended by the Community Preservation Committee:

$10,000 (ten thousand dollars) from the Community Preservation Historic Preservation Reserve for emergency restoration and repairs to the Aquinnah Lighthouse, and,

$12,500 (twelve thousand five hundred dollars) from the Community Preservation Historic Preservation Reserve for the continued restoration and repair of the Old Aquinnah Town Hall, and,

$3,000 (three thousand dollars) from the Community Preservation Historic Preservation Reserve for the continued restoration of the Edwin Vanderhoop Homestead, and,

$980 (nine hundred eighty dollars) from the Community Preservation Historic Preservation Reserve for mortgage costs related to the Edwin Vanderhoop Homestead, and,

$11,520 (eleven thousand five hundred twenty dollars) from the Community Preservation Historic Preservation Reserve for mortgage costs related to the restoration of the Old Aquinnah Library, and,

$2,500 (two thousand five hundred dollars) from the Community Preservation Historic Preservation Reserve for Landscape rehabilitation of public eating and gathering areas at the Gay Head Cliffs, and,

$8,100 (eight thousand one hundred dollars) from the Community Preservation Historic Preservation Reserve for the restoration of exterior trim at the Gay Head Community Baptist Church, and,

$10,000 (ten thousand dollars) from the Community Preservation Historic Preservation Reserve for the extension of the brick walkway at the cliffs,

or take any other action relative thereto.

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ARTICLE EIGHT Community Preservation Committee

To see if the Town will vote to appropriate monies, from the previously reserved Community Preservation revenues, for all necessary and proper expenses required for the undertaking of the following Administrative, Housing, and Open Space Preservation projects, to be allotted in the following amounts as recommended by the Community Preservation Committee:

$3,000 (three thousand dollars) from the Community Preservation Budgeted Reserve for CPA administrative expenses, and

$10,000 (ten thousand dollars) from the Community Preservation Affordable Housing Reserve for addition to the Island Affordable Housing Fund’s “Aquinnah fund”, and

$2,000 (two thousand dollars) from the Community Preservation Open Space Reserve for the creation of community gardens at the Aquinnah Town Center,

or take any other action relative thereto.

ARTICLE NINE Board of Selectmen

To see if the Town will vote to adopt the following, or take any other action relative thereto:

An Act Authorizing The Government Employers in the County of Dukes County to

Establish a Pooled Other Post-Employment Benefits Trust Fund.

Section 1. Notwithstanding any general or special law to the contrary, the government employers in the County of Dukes County may, at their sole discretion, appropriate funds in order to offset the anticipated costs of premium payments for, or direct payments to retired employees and the eligible surviving

spouses or dependents of deceased employees. These funds shall be credited to a special fund to be known as the Dukes County Pooled Other Post-Employment Benefits (OPEB) Trust Fund. Any interest or other income earned by the fund shall be added to and become part of the fund. The Board of Trustees of the Dukes County Pooled OPEB Trust Fund shall be the custodian of the fund, and the Trust Fund shall be governed by the Declaration of Trust of the Dukes County Pooled OPEB Trust Fund.

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Section 2. Each government employer, by a vote of its applicable legislative authority, may vote to join the Dukes County Pooled OPEB Trust Fund at any time after its creation.

Section 3. This act shall take effect upon its passage.

ARTICLE TEN Board of Selectmen

To see if the Town will vote to authorize the establishment and use of the following revolving funds pursuant to M.G.L. Chap. 44, sec. 53E1/2 for the fiscal year beginning July 1, 2009, with the specific receipts credited to each fund, the purposes for which each fund may be spent and the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at the end of the current fiscal year, as follows:

Revolving Authorized to Revenue Source Use of Fund FY10 Disposition

Fund Spend Spending Limit of FY09 F/B__

Wiring Building Insp./ Wiring Inspection To pay wiring $ 12,000 Balance available

Inspections Selectmen fees charged to inspector for expenditure

homeowners

Plumbing Building Insp./ Plumbing Inspection To pay plumb- $ 5,300 Balance available

Inspections Selectmen fees charged to ing inspector for expenditure

homeowners

Gas Building Insp./ Gas Inspection To pay gas $ 6,700 Balance available

Inspections Selectmen fees charged to inspector for expenditure

homeowners

Fire Fire Chief/ Fire Inspection To pay insp. $ 4,000 Balance available

Inspections Selectmen fees charged to & asst. for expenditure

Homeowners inspector

Trench Selectmen Trench Inspection To pay trench $ 1,000 Balance available

Inspections fees charged to inspector for expenditure

Landowners

TOTAL SPENDING $ 29,000

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ARTICLE ELEVEN Martha’s Vineyard Regional High School Committee

To see if the Town will vote to petition the General Court of the Commonwealth of Massachusetts to enact special legislation authorizing the Martha’s Vineyard Regional High School District Committee to sell, convey, exchange, transfer, lease for an unlimited period of years, or otherwise dispose of the parcel of land and the buildings thereon located at 4 Pine Street, Vineyard Haven, Massachusetts, in such manner and under such terms and conditions as the Martha’s Vineyard Regional High School District Committee shall deem appropriate, and to exempt such sale, conveyance, exchange, transfer, lease or other disposal from the state public bidding statutes, notwithstanding the provision of any general or special law to the contrary, or to take any other action relative thereto.

ARTICLE TWELVE Board of Selectmen

To see if the Town will vote to appropriate the sum of $5,000 (Five thousand dollars) for the surveying, clearing, etc, of the Right of Way to Squibnocket Pond and to transfer said funds from the Waterways Improvement Fund 282, or take any other action relative thereto.

ARTICLE THIRTEEN Dukes County Commissioners

To see if the Town will vote to enter into an intermunicipal agreement with the County of Dukes county to provide an Integrated Pest Management Program (including Rodent Control) and to raise and appropriate the sum of $1,152.53 (One thousand one hundred fifty-two dollars and fifty-three cents) as the Town’s proportionate share of the balance

($31,149.49) (Thirty-one thousand one hundred forty-nine dollars and forty-nine cents) of the net cost of the program, or take any other action relative thereto, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for the fiscal year starting July 1, 2009. The total cost of the Pest Management program for the fiscal year 2010 is $71,915.81 (Seventy-one thousand nine hundred fifteen dollars and eighty-one cents, less projected income from such services of $20,000 (Twenty thousand dollars), for a net cost of $51,915.89 (Fifty-one thousand nine hundred fifteen dollars and eighty-nine cents). The County of Dukes County will pay 40% ($20,766.32) of the net cost of the program.

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ARTICLE FOURTEEN Dukes County Commissioners

To see if the Town will vote to enter into an intermunicipal agreement with the County of Dukes County to provide a Vineyard Health Care Access Program and to raise and appropriate $1,972.78 (One thousand nine hundred seventy-two dollars and seventy-eight cents) as the Town’s proportionate share of the balance ($53,318.36) of the level

budgeted projection cost or take any other action relative thereto, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for the fiscal year starting July 1, 2009. The cost of the level budgeted share of the program for Fiscal Year 2010 is $88,863.94 (Eighty-eight thousand eight hundred sixty-three dollars and ninety-four cents. The County of Dukes County will pay 40% ($35,545.58) of the level budgeted cost of the program.

ARTICLE FIFTEEN Board of Selectmen

To see if the Town will vote to appropriate the sum of $11,500 (Eleven thousand five hundred dollars) for dredging the mouth of the West Basin, and to transfer said funds from the Waterways Improvement Fund 282, or take any other action relative thereto.

ARTICLE SIXTEEN Citizen Petition

Whereas the people of AQUINNAH are concerned about the long-term health of our environment and of our local farms and farmers;

Whereas genetically engineered (GE) crops, producing Genetically Modified Organism (GMO) foods, have not been proven safe for humans or for the ecosystems with which they interact;

Whereas GE crops have been found to contaminate other crops and local flora through cross pollination, causing unintended and unknown changes to their biology;

Whereas GE crops and products containing GMOs are strictly regulated in more than 30 other countries; and

Whereas citizens throughout the United States are taking steps to address their concerns about GE crops in response to the failure of Congress and federal regulatory agencies to adequately address the issue;

The residents of AQUINNAH hereby resolve:

1. To encourage a local moratorium on further growing of genetically engineered crops unless there is credible and scientific evidence that these products are not harmful to our health or our environment.

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2. Call upon our state and federal governments, including the Massachusetts Legislature, the U.S. Congress, the Environmental Protection Agency, the Food and Drug Administration, and the U.S. Department of Agriculture, to support the mandatory labeling of all genetically engineered foods and seeds and the full

assignment of liability to the commercial developers of genetically engineered foods.

3. Agree that the Clerk shall send copies of this article to the elected representatives for this town, including the Massachusetts State Legislators, the Governor, the Commissioner of the Department of Food and Agriculture, and our Congressional Representative William Delahunt and Senators John Kerry and Edward Kennedy.

And you are hereby directed to serve this warrant by posting up attested copies at the Schoolhouse Library currently housed in the Old Town Hall, and Town Hall in said Town, at least seven days prior to time of said meeting. Hereof, fail not, and make due return of this warrant with your doings thereon to the Town Clerk at the time and place of said meeting.

Given under our hands this fifth day of May in the year of our Lord Two Thousand and Nine.

James Newman, Chairman

Spencer Booker, Vice Chairman

Camille Rose

Aquinnah Board of Selectmen

Betty Joslow

Aquinnah Constable