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COMMONWEALTH OF MASSACHUSETTS

TOWN WARRANT

APRIL 28, 1998

 

Middlesex, ss:

To: Constable of the Town of Ashby in said County:

GREETINGS:

In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Ashby Elementary School Auditorium in said Ashby, Tuesday, the twenty-eighth day of April, 1998, next, at 12:00 noon, to give in their votes on one ballot for the following officers:

MODERATOR three years  
SELECTMAN three years  
TOWN CLERK three years  
TREASURER three years  
ASSESSOR three years  
ASSESSOR one year  
NORTH MIDDLESEX SCHOOL COMMITTEE three years  
CONSTABLE three years  
3 LIBRARY TRUSTEES three years  
1 LIBRARY TRUSTEE one year  
BOARD OF HEALTH three years  
PLANNING BOARD five years  
CEMETERY COMMISSIONER three years  
PARK COMMISSIONER three years  
PARK COMMISSIONER one year to fill vacancy
TREE WARDEN one year  

The polls will open at 12:00 noon, and shall close at 7:30 p.m.

And you are hereby directed to serve this warrant by posting an attested copy in three (3) public places in said Ashby at least seven days before holding of said election.

Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town Clerk at the time and place of election aforesaid.

Given under our hands this eighteenth day of March, 1998

Sally Tracy

Michael McCallum

Michael Reggio

Chairman

Clerk

 

ASHBY BOARD OF SELECTMEN

 

 

By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least fourteen days before the time of said election.

April 15, 1998 John H. Brodie
 

CONSTABLE OF ASHBY

 

 

 

 

RESULTS OF ANNUAL TOWN ELECTION

APRIL 28, 1998

The warrant was returned to the Town Clerk at 11:50 a.m., Tuesday, April 28, 1998 by Constable John H. Brodie.

Election Officers on duty and duly sworn were as follows: Betty Ann Tiilikkala, Marie Moakley, Edna Jamnback, Sibyl Hayes, Waldemar Tiilikkala, and Bertha Tiilikkala, Clerk.

The polls opened at 12-NOON.

The following is a list of candidates and the votes and blanks each received as they appeared on the official ballot:

 

VOTES

MODERATOR, Three Years  
Franklin L. Gooley, Jr.

520

All others

2

Blanks

85

TOTAL

607

   
SELECTMAN, Three Years  
Sally Tracy

266

Mark Forgues(Write-in)

331

All others

0

Blanks

10

 

___

TOTAL

607

   
TOWN CLERK, Three Years  
Dianne M. Enus

534

All others

1

Blanks

72

 

___

TOTAL

607

   
TREASURER, Three Years  
G. Lillian Whitney

280

John Vogt(Write-in)

268

All others

7

Blanks

52

 

___

TOTAL

607

   
ASSESSOR, Three Years  
G. Lillian Whitney

392

All others

11

Blanks

204

TOTAL

607

ASSESSOR, One Year  
Donasue Tomkinson

446

All others

1

Blanks

160

 

___

TOTAL

607

   
NORTH MIDDLESEX SCHOOL COMMITTEE, Three Years  
Karl Bernhardt

310

Virginia Mountain

262

All others

5

Blanks

30

 

___

TOTAL

607

   
TREE WARDEN, One Year(Write-in)  
Charles E. Pernaa

64

All others

19

Blanks

524

 

___

TOTAL

607

   
CONSTABLE, Three Years  
John H. Brodie

474

All others

3

Blanks

130

TOTAL

607

   
LIBRARY TRUSTEES, Three Years  
Helen E. Nash

510

Maureen Davi

466

Faith Anttila, (Write-in)

25

All others

19

Blanks

801

TOTAL BALLOTS CAST

607

TOTAL VOTES CAST

1821

LIBRARY TRUSTEE, One Year, (Write-in)  
Paul McGrail

9

All others

26

Blanks

572

 

___

TOTAL

607

   
BOARD OF HEALTH, Three Years  
Cedwyn Morgan

435

All others

3

Blanks

169

 

___

TOTAL

607

   
PLANNING BOARD, Five Years  
Jean Lindquist

447

All others

2

Blanks

158

 

___

TOTAL

607

   
CEMETERY COMMISSIONER, Three Years  
Raymond G. Godin, Jr.

478

All others

0

Blanks

129

 

___

TOTAL

607

   
PARK COMMISSIONER, Three Years  
Thomas L. Moore

470

All others

5

Blanks

132

 

___

TOTAL

607

   
   
PARK COMMISSIONER, One Year(Write-in)  
Lynette Courtney

6

All others

38

Blanks

563

 

___

TOTAL

607

The polls closed at 7:30 p.m.

Tellers on duty and duly sworn were as follows: Richard Catalini, Gardner LePoer, Seth Hopkins, Elaine Kielty, Shaun Kielty, Michael Hjelm, Joyce Hopkins, and Nancy Peeler.

At the close of the polls the ballot box read 607 voters had cast a ballot; the checkers' tally sheets read 607 voters had cast a vote.

Dianne M. Enus, TOWN CLERK

 

 

 

 

 

COMMONWEALTH OF MASSACHUSETTS

SPECIAL TOWN MEETING

May 2, 1998

Middlesex, ss:

To: Constable of the Town of Ashby in said County:

GREETING:

In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 2, 1998 at 9:30 a.m. to act on the following articles:

SPECIAL TOWN MEETING ARTICLES

Article 1. To see if the Town will vote to transfer the sum of $2,250 from the Lyman Building Furnace Account 01-5-192-005 to Account 01-5-510-1 Board of Health Expenses for the purpose of paying for 75 Hepatitis B Vaccines for Emergency Services Personnel, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 2. To see if the Town will vote to transfer the sum of $723 from Town Administrator Salary Account 01-5-123-000 to Account 01-5-232-1 EMT Expenses for the purpose of paying for repairs to the ambulance defibrillator, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 3. To see if the Town will vote to transfer the sum of $16,150 from Police Sergeant Salary Account 01-5-210-001 to Account 01-5-210-003 Police Patrolman Wages for the purpose of paying police patrolmen wages, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 4. To see if the Town will vote to transfer the sum of $2,500 from Police Sergeant Salary Account 01-5-210-001 to Account 01-5-210-005 Police Reserve Wages for the purpose of paying reserve officer wages, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 5. To see if the Town will vote to transfer the sum of $1,500 from Police Sergeant Salary Account 01-5-20-001 to Account 01-5-210-008 Police Expenses for the purpose of paying police expenses, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 6. To see if the Town will vote to transfer the sum of $200 from Assessor Clerical Account 01-5-141-005 to Account 01-5-220-002 Firefighters Salary for the purpose of paying firefighters salary, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 7. To see if the Town will vote to transfer the sum of $16,000 from the following accounts to Account 01-5-914-0 Group Health Insurance for the purpose of paying the increase in Group Health Insurance coverage.

Additional Lottery Aid Account 01-4-800-818 $8,600

Unemployment Compensation Expense Account 01-5-913-000, 6,400 Fire Station Alterations Account 01-5-000-227 1,000

or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 8. To see if the Town will vote to transfer the sum of $600 from the Fire Station Alterations Account 01-5-000-227 to Account 01-5-919-0 FICA for the purpose of paying the increase in FICA, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 9. To see if the Town will vote to transfer the sum of $2,025 from Lyman Building Furnace Account 01-5-192-005 to Accounts 01-5-422-000, 01-5-422-001, 01-5-422-002, 01-5-422-003, and 01-5-422-004 Highway Wages for the purpose of correcting the accountant's records to accurately reflect the amounts paid for the current and certain prior years, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

 

 

 

 

Article 10. To see if the Town will vote to transfer the sum of $1,163.09 from Town Administrator Salary Account 01-5-123-000 to Accounts 01-5-422-000, 01-5-422-001, 01-5-422-002, 01-5-422-003, and 01-5-422-004 Highway Wages for the purpose of correcting the accountant's records to accurately reflect the amounts paid for the current and certain prior years, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 11. To see if the Town will vote to transfer the sum of $225 from Lyman Building Furnace Account 01-5-192-005 to Account 01-5-220-000 Fire Chief Salary for the purpose of correcting the accountant's records to accurately reflect the amounts paid for the current and certain prior years, or take any action thereon.

FINANCE COMMITTEE ACTION: APPROVED

Article 12. To see if the Town will vote to transfer the sum of $3,330 from the following accounts to Account 01-5-232-0 EMT Wages for the purpose of paying for increase in number of ambulance runs.

  • Veteran Benefit Expense Account 01-5-543-005 $2,650 Unemployment Compensation Insurance Account 01-5-543-005 680
  • or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 13. To see if the Town will vote to transfer the sum of $588 from Fire Station Alteration Account 01-5-000-227 to Account 01-5-232-4 EMT Billing Fees for the purpose of paying for increase in number of ambulance runs collections, or take any action there.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 14. To see if the Town will vote to transfer the sum of $37.17 from Town Accountant Expense Account 01-5-135-001 to Account 01-5-125-000 Unpaid Bills for the purpose of paying the following prior year bill, or take any action thereon.

    $37.17 Staples, Inc. (Town Office Expense)

    FINANCE COMMITTEE ACTION: APPROVED

    Article 15. To see if the Town will vote to transfer the sum of $750 from Fire Station Fuel Account 01-5-220-009 to Account 01-220-006 Fire Equipment Replacement for the purpose of paying for fire equipment replacement, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 16. To see if the Town will vote to transfer the sum of $350 from Fire Station Fuel Account 01-5-220-009 to Account 01-220-005 Fire Expenses for the purpose of paying for fire expenses, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 17. To see if the Town will vote to transfer the sum of $750 from Firefighter Wages Account 01-5-220-004 to Account 01-5-220-000 Fire Chief Salary for the purpose of paying for fire chief salary, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 18. To see if the Town will vote to transfer the sum of $2,850 from the following accounts to Account 01-5-122-002 Selectmen's Expense for the purpose of purchasing a copy machine for the Town Hall.

    Selectmen Salary Account 01-5-122-000, $ 450

    Lyman Building Fuel Account 01-5-192-014, 500

    Assessor Clerical Account 01-5-141-005, 400

    Unemployment Compensation Account 01-5-913-000, 1,500

    or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 19. To see if the Town will vote to transfer the following sums from the following Accounts to the Reserve Fund Account 01-5-132-000.

    $888 Insurance Account 01-5-192-009

    $600 Litigation Expense Account 01-5-151-002

    or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    And you are hereby directed to serve this warrant by posting as attested copy in at least three (3) public places in said Ashby fourteen (14) days at least before holding 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 meeting aforesaid.

    Given under our hands this 15th day or April, 1998

    Sally Tracy,

    Michael Reggio,

    Michael McCallum

    Chairman

    Clerk

     
         

     

     

    By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least fourteen days before the time of said Special Town Meeting.

    Date: April 15, 1998 John H. Brodie

    CONSTABLE OF ASHBY

     

     

     

     

     

     

    RESULTS OF SPECIAL TOWN MEETING

    MAY 2, 1998

    The Moderator called the meeting to order at 9:40 a.m.

    He then read the rules of the meeting,

    A motion was made and seconded to waive the reading of the warrant, and so voted unanimously.

    Article 1. The motion was made and seconded to transfer the sum of $2,250 from the Lyman Building Furnace Account 01-5-192-005 to Account 01-5-510-1 Board of Health expenses for the purpose of paying for 75 Hepititus B vaccines for Emergency Services Personnel.

    VOTE: UNANIMOUS

    Article 2. The motion was made and seconded to transfer the sum of $723 from Town Administrator Salary Account 01-5-123-000 to Account 01-5-232-1 EMT Expenses for the purpose of paying for repairs to the ambulance defibrillator.

    VOTE: UNANIMOUS

    Article 3. The motion was made and seconded to transfer $16,150 from Police Sergeant Salary Account 01-5-210-001 to 01-5-210-003 Police Patrolmen Wages for the purpose of paying Police Patrolmen Wages.

    VOTE: UNANIMOUS

    Article 4. The motion was made and seconded to transfer the sum of $2,500 from Police Sergeant Salary Account 01-5-210-001 to Account 01-5-210-005 Police Reserve Wages for the purpose of paying Reserve Officer Wages.

    VOTE: UNANIMOUS

    Article 5. The motion was made and seconded to transfer the sum of $1,500 from Police Sergeant Salary Account 01-5-210-001 to Account 01-5-210-008 Police Expenses for the purpose of paying Police Expenses.

    VOTE: UNANIMOUS

    Article 6. The motion was made and seconded to transfer the sum of $200 from the Assessor Clerical Account 01-5-141-005 to Account 01-5-220-002 Firefighters Salary for the purpose of paying Firefighters Salary.

    VOTE: UNANIMOUS

    Article 7. The motion was made and seconded to transfer the sum of $16,000 from the following accounts to Account 01-5-914-0 Group Health Insurance for the purpose of paying the increase in Group Health Insurance coverage:

    Additional Lottery Aid Account 01-4-800-818 $8,600

    Unemployment Compensation Expense Account 01-5-913-000 $6,400

    Fire Station Alterations Account 01-5-000-227 $1,000

    VOTE: UNANIMOUS

    Article 8. The motion was made and seconded to transfer the sum of $600 from the Fire Station Alterations Account 01-5-000-227 to Account 01-5-919-0 FICA for the purpose of paying the increase in FICA.

    VOTE: UNANIMOUS

    Article 9. The motion was made and seconded to transfer the sum of $2,025 from Lyman Building Furnace Account 01-5-192-005 to Accounts 01-5-422-000, 01-5-422-001, 01-5-422-002, 01-5-422-003, and 01-5-422-004 Highway Wages for the purpose of correcting the Accountant's records to accurately reflect the amounts paid for the current and certain prior years.

    VOTE: 9/10'S 48 - FOR 2 - AGAINST

    PASSED

    Article 10. The motion was made and seconded to transfer the sum of $1,163.09 from Town Administrator Salary Account 01-5-123-000 to Accounts 01-5-422-0000, 01-5-422-001, 01-5-422-002, 01-5-422-003, and 01-5-422-004 Highway Wages for the purpose of correcting the Accountant's records to accurately reflect the amounts

    paid for the current and certain prior years.

    VOTE: 9/10'S 49 - FOR 1 - AGAINST

    PASSED

    Article 11. The motion was made and seconded to transfer the sum of $225 from the Lyman Building Furnace Account 01-5-192-005 to Account 01-5-220-000 Fire Chief Salary for the purpose of correcting the Accountant's records to accurately reflect the amounts paid for the current and certain prior years.

    VOTE: 9/10'S 48 - FOR 2 - AGAINST

    Article 12. The motion was made and seconded to transfer the sum of $3,330 from the following accounts to Account 01-5-232-0 EMT Wages for the purpose of paying for increase in number of ambulance runs:

    Veterans Benefit Expense Account 01-5-543-005 $2,650

    Unemployment Compensation Insurance Account 01-5-913-000 $ 680

    VOTE: 9/10/S UNANIMOUS

    Article 13. The motion was made and seconded to transfer the sum of $588 from Fire Station Alteration Account 01-5-000-227 to Account 01-5-232-4 EMS Billing Fees for the purpose of paying for increase in number of ambulance runs collections.

    VOTE: 9/10'S UNANIMOUS

     

     

    Article 14. The motion was made and seconded to transfer the sum of $37.17 from Town Accountant Expense Account 01-5-135-001 to Account 01-5-125-000 Unpaid Bills for the purpose of paying the following prior year bill.

    $37.17 Staples, Inc. (Town Office Expense)

    VOTE: 9/10'S UNANIMOUS

    Article 15. The motion was made and seconded to transfer the sum of $750 from Fire Station Fuel Account 01-5-220-009 to Account 01-220-006 Fire Equipment Replacement for the purpose of paying for Fire Equipment Replacement.

    VOTE: UNANIMOUS

    Article 16. The motion was made and seconded to transfer the sum of $350 from Fire Station Fuel Account 01-5-220-009 to Account 01-220-005 Fire Expenses.

    VOTE: UNANIMOUS

    Article 17. The motion was made and seconded to transfer the sum of $750 from Firefighter Wages Account 01-5-220-004 to Account 01-5-220-000 Fire Chief Salary for the purpose of paying Fire Chief Salary.

    VOTE: DEFEATED

    Article 18. The motion was made and seconded to transfer the sum of $2,850 from the following accounts to Account 01-5-122-002 Selectmen's Expense for the purpose of purchasing a copy machine for the Town Hall:

    Selectmen Salary Account 01-5-122-000 $ 450

    Lyman Building Fuel Account 01-5-192-014 $ 500

    Assessor Clerical Account 01-5-141-005 $ 400

    Unemployment Compensation Account 01-5-913-000 $1,500

    VOTE: UNANIMOUS

    Article 19. The motion was made and seconded to transfer the following sum from the following accounts to the Reserve Fund Account 01-5-132-000:

    $888 Insurance Account 01-5-192-009

    $600 Litigation Expense Account 01-5-151-002

    VOTE: UNANIMOUS

    A motion was made and seconded to adjourn Special Town Meeting at 10:05 a.m., and so voted.

    Dianne M. Enus, TOWN CLERK

     

     

     

     

     

     

     

    COMMONWEALTH OF MASSACHUSETTS

    ANNUAL TOWN MEETING

    May 2, 1998

    Middlesex, ss:

    To: Constable of the Town of Ashby in said County:

    GREETING:

    In the name of the Commonwealth, you are hereby directed to notify and warn the inhabitants of the Town of Ashby, qualified to vote in elections and town affairs, to meet at the Elementary School Auditorium in said Ashby, Saturday, May 2, 1998 at 9:30 a.m. to act on the following articles:

     

     

    ANNUAL TOWN MEETING ARTICLES

    Article 1. To elect all other town officers not required to be on the official ballot.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 2. To hear the reports of the various town officials and committees.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 3. To see if the Town will authorize the Treasurer to borrow funds as necessary in anticipation of revenue, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 4. To see if the Town will vote to transfer the sum of $1,587.50 from the Wetland Filing Fees Account 24-3-301-000 for use by the Conservation Commission Account 01-5-171-000 in carrying out its duties under the Wetlands Protection Act, pursuant to Chapter 131, Section 40 of the General Laws, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 5. To see if the Town will vote to transfer the sum of $5,700 from Cemetery Perpetual Care Interest 82-3-288-000 for the purpose of defraying the cost of the Cemetery Budget, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 6. To see if the Town will vote to accept G.L. c.140, s 147A and further vote to raise and appropriate the sum of $1,000 to establish and fund a Dog License Program Account for the purpose of funding the Town Dog License Program, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 7. To see if the Town will vote to transfer the sum of $1,231 from the Dog License Fees Account to Library Books Account 01-5-610-002 for the purpose of purchasing books, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 8. To see if the Town will vote to establish the position of Police Lieutenant and further to raise and appropriate the sum of $14,447.18 to pay the Town's portion of salary, the remainder being funded by a federal grant for FY99, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 9. To see if the Town will vote to establish the position of Police Patrolman and further to raise and appropriate the sum of $5,851 to pay the Town's portion of salary, the remainder being funded by a federal grant for FY99, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 10. To see if the Town will vote to raise and appropriate the sums of money necessary to defray charges and expenses of the Town for the ensuing fiscal year (FY99) beginning July 1, 1998 and ending June 30, 1999, and to fix the salaries of all elected officials, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 11. To see if the Town will vote to authorize the Selectmen to petition the General Court for an act as follows:

    An Act authorizing Elmer S. Fitzgerald, Jr. to extend his employ with the Fire Department of the Town of Ashby.

    Section 1. Notwithstanding the provisions of any general or special law to the contrary, Elmer S. Fitzgerald, Jr. is hereby authorized to serve in position of Fire Chief in the Town of Ashby until and including June 30, in the year two thousand, provided, however, that said Elmer S. Fitzgerald, Jr. is mentally and physically capable to perform the duties of his office. Said Elmer S. Fitzgerald, Jr. shall be examined at his own expense by an impartial physician designated by said Town to determine such capability. No further deductions shall be made from the regular compensation of said employee under the provisions of Chapter 32 of the General Laws for service subsequent to June 30, 1998 and upon retirement said employee shall receive a superannuation allowance equal to that which he would have been entitled had he retired on said date.

    Section 2. This act shall take effect upon its passage.

    Pass any vote or take any action relative thereto.

    FINANCE COMMITTEE ACTION: NO ACTION

    Article 12. To see if the Town will vote:

    1. To amend the "Zoning Map, Town of Ashby, Massachusetts, Ashby Planning Board" so as to change the zoning district classification of the lots abutting the westerly side of Ashby State Road from Kendall Hill Road southerly to and including lots 67 and 68 on the Ashby Assessor's Map 11, being lots shown on the Ashby Assessor's Map 11, Lots 18, 24, 23, 22, 21, 20, 19, 19.1, 68 and 67, from Residential/Agricultural to Residential/Commercial.

    2. To amend the Zoning By-Laws of the Town of Ashby, Massachusetts, regarding uses in a Residential/Commercial district allowed by Special Permit, by adding the following to Article 6.29 after the word "station", "and/or the display and sale of used motor vehicles as permitted by a Class 2 license under Mass. General Laws Chapter 140, sec. 58, not to exceed 15 vehicles at any one time."

    PETITION ARTICLE

    FINANCE COMMITTEE ACTION: NO ACTION

     

     

     

    Article 13. To see if the Town will vote to accept the

    SIXTH AMENDMENT TO THE NORTH MIDDLESEX REGIONAL SCHOOL DISTRICT AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF DISTRICT-WIDE ELECTIONS WITH RESIDENCY REQUIREMENTS

    WHEREAS

    (1). Pursuant to Massachusetts General Laws, chapter 71, as amended, the Towns of Ashby, Pepperell and Townsend, Massachusetts (the "Member Towns"), have formed a regional school district known as the North Middlesex Regional School District.

    (2) Pursuant to Massachusetts General Laws, chapter 71, Ashby, Pepperell and Townsend have entered into a regional school district agreement, which agreement originally was entitled "Agreement Between the Towns of Ashby, Dunstable, Pepperell and Townsend, Massachusetts, With Respect to Formation of a Regional School District," and which agreement was subsequently amended on five occasions, the last of such amendments being the Fifth Amendment to the North Middlesex Regional School District Agreement (said agreement, as so amended, being hereafter referred to as the "Agreement",

    (3) The Member Towns desire to further amend the Agreement to provide for the election of members of the Regional District School Committee by district-wide elections with a residency requirement, as provided herein.

    NOW THEREFORE,

    Pursuant to Massachusetts General Laws, chapter 71 and the Agreement, it is voted that the said North Middlesex Regional School District Agreement is amended as follows:

    (a) Effective July 1, 1998, the Board of Selectmen and the Committee members from the Town of Pepperell shall be entitled, by majority vote, to fill the vacancy resulting from the creation of a new Committee member position by this Sixth Amendment to the Agreement. The term of the Committee member so appointed shall expire in 2002, and thereafter the member shall be elected and serve pursuant to Section I.C of the Agreement as amended by this Sixth Amendment.

    (b) Effective July 1, 1998, Section I of said Agreement shall be amended by striking the existing Section I therefrom and inserting the following:

    SECTION I

    THE REGIONAL DISTRICT SCHOOL COMMITTEE

    A. POWERS, DUTIES AND COMPOSITION

    The powers and duties of the District shall be vested in and exercised by a Regional District School Committee (the "Committee"). Subject to Paragraph D, Section I herein, three members of the Committee shall reside in Townsend, four members of the Committee shall reside in Pepperell and two members of the Committee shall reside in Ashby. Any Committee member who was elected as a resident of a given Member Town must resign if said Committee member moves from said Member Town.

    B. ALTERATION OF TERMS OF MEMBERSHIP OF EXISTING MEMBERS

    1. CERTAIN SCHOOL COMMITTEE MEMBERS WHOSE TERMS EXPIRE IN 2001

    The term of the Committee member from Townsend whose term is due to expire in 2001, the term of the Committee member from Pepperell whose term is due to expire in 2001, and the term of the Committee member from Ashby whose term is due to expire in 2001 shall all expire as of the date of the state biennial election in 2002. The successor to each such member shall be elected at said election as provided in paragraph C., Section I,

     

     

    2. CERTAIN SCHOOL COMMITTEE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR 2000

    The terms of the existing Committee members from Townsend whose terms are due to expire in 1999 and 2000, the term of the existing Committee member from Pepperell whose terms are due to expire in 1999 and 2000, respectively, and the term of the existing Committee member from Ashby whose term is due to expire in 1999, shall all expire as of the date of the state biennial election in 2000. The successor to each such member shall be elected at the biennial state election in 2000, as provided to paragraph C, Section I, herein.

    3. CONTINUATION OF TERM UNTIL SUCCESSOR ELECTED AND QUALIFIED

    Notwithstanding Subparagraphs (1) and (2) of this paragraph B, all Committee members shall serve until their respective successors are elected and qualified.

    C. ELECTION OF SCHOOL COMMITTEE MEMBERS AT DISTRICT-WIDE ELECTIONS

    Commencing in 2000, voters of all the Member Towns shall elect the successor to any Committee member in a district-wide election to be held at the biennial state election in the year in which the term of such member expires, provided, however, the subject to Paragraphs A and D of this Section I, the successor so chosen shall reside in the Town in which his or her predecessor resided. Committee members elected at the 2000 biennial state election, and Committee members elected at each biennial state election thereafter, shall serve four-year terms.

    The Secretary of the Committee shall be designated the District Clerk Commencing in 2000, by April fifteenth of each year of a biennial state election, or by such other date as may be required by law, the District Clerk shall notify the state secretary that the District intends to elect members in district-wide elections and to fill any vacancies if there are any vacancies to be filled, and shall also inform the state secretary of said district clerk's name and mailing address.

    D. VACANCIES

    If a vacancy occurs in the Committee, the Selectmen and the remaining Committee members from the Member Town in which the former Committee member resided shall by majority vote appoint a successor member. Such successor member shall serve until the next biennial state election, at which election a successor shall be elected to serve the balance of the expired term, if any, or to a new term.

    E. ORGANIZATION

    Promptly upon the biennial election and qualification of the members of the Committee, the Committee shall organize and choose by a ballot a Chairman from its own membership. At such meeting or any other meeting the Committee shall appoint a Treasurer and Secretary who may be the same person but who need not be members of the Committee, choose such other officers as it deems advisable, determine the terms of office and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings, and provide for the calling of special meetings.

    F. QUORUM

    (a) The quorum of the Committee for the transaction of business shall be five but a lesser number may adjourn.

    (b) This amendment is subject to the approval of the Emergency Finance Board of the Commonwealth, and the State Department of Education.

    or act in relation thereto.

    FINANCE COMMITTEE ACTION: NO ACTION

    Article 14. To see if the Town will vote to accept the following sums in trust, the income therefrom to be expended for the perpetual care of lots, as follows:

     

     

    GLENWOOD CEMETERY

    Amount NAME AVE. LOT SECTION
    $250.00 Nancy Maguire A 16 Lyman
    $100.00 Karen L. Crandell B 24 Lyman
    $175.00 Mark J. & Patricia A. Haven B 25 Lyman
    $250.00 Diane Bruso C 25R Lyman
    $150.00 Lois Brettschneider B 26 Lyman
    $350.00 Raymond G. & Vicki-Sue Godin C 17 Lyman

     

    WEST CEMETERY

    AMOUNT NAME AVE LOT SECTION
    $150.00 Arvo H. Kouvo 3rd 155R 11
    $175.00 Eini & Martti Rantala 3rd 156R 11

    FINANCE COMMITTEE ACTION: APPROVED

    Article 15. Chapter 147, Section 13A: To see if the Town will vote to amend the Town By-laws by deleting the figure "six members" for Reserve Police Force, and substituting the statement "any number of Reserve Police Force as deemed necessary by the Chief of Police and the Board of Selectmen" for the purpose of providing 24-hour police protection, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 16. To see if the Town will vote to raise and appropriate the sum of $4,600 for the Fire Department to purchase 15 air bottles for the purpose of replacing outdated air bottles, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 17. To see if the Town will vote to raise and appropriate the sum of $20,000 for the Fire Department to purchase a used, recent model 4x4 pickup truck to be used as a Forestry Truck for the purpose of replacing Engine 3, a 1958 Ford, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 18. To see if the Town will vote to raise and appropriate the sum of $5,700 for the Assessors to fund the development of a Geographic Information System and to pay for the associated expense of the purchase of digital map data, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 19. To see if the Town will vote to raise and appropriate the sum of $65,000 for the Highway Department to purchase a dump truck and plow for the purpose of replacing the 1981 International, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 20. To see if the Town will vote to raise and

    appropriate the sum of $13,700 to repair and recover the shed roof of primary building and small roof of secondary building of the Highway Barn for the purpose of maintaining the Highway building, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 21. To see if the Town will vote to raise and appropriate the sum of $20,000 to purchase road sand seal to seal road surfaces, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 22. To see if the Town will vote to raise and appropriate the sum of $9,000 to purchase collection software for the Town Collector for the purpose of optimizing the Town cash collection process, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 23. To see if the Town will vote to raise and appropriate the sum of $3,000 for the Fire Department to add to the existing Water Holes Account 01-5-220-7 for the purpose of renting the equipment to clean Town water holes, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 24. To see if the Town will vote to raise and appropriate the sum of $6,400 for the purpose of purchasing and installing four insulated overhead doors with remote controls for the Fire Station, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 25. To see if the Town will vote to accept the provisions of Chapter 40, Sec. 21D of the General Laws and amend the Town By-Laws as follows:

    The Health Agent duly authorized by the Board of Health shall have the authority to enforce the Board of Health Rules and Regulations relating to Sales of Tobacco Products to Minors in the Town of Ashby (Tobacco Regulations) in accordance with G.L. C. 40, Sec. 21D

    A permittee found by the Board of Health, or its designee, to have violated Section 3 of the Tobacco Regulations shall be penalized as follows:

    First violation: written warning

    Second violation within a twelve month period: $25.00 fine and ten consecutive day suspension

    Third violation within a twelve month period: $50.00 fine and twenty-one consecutive day suspension

    Fourth and subsequent violation within a twelve month period. $50.00 fine and forty-five consecutive day suspension.

    All tobacco products shall be removed from the permitted premises upon suspension of the tobacco sales permit. Each day such violation continues constitutes a separate offense and the permittee shall pay an additional fine of $100.00 per day.

    or take any action thereon.

    FINANCE COMMITTEE ACTION: NO ACTION

    Article 26. To see if the Town will vote to amend Section 3B Schedule of Permit Fees of Article X Building Regulations of the Town By-Laws by amending the Plumbing Permit Fees, specifically the Installation of each additional fixture from $5 to $7 and by amending the Gas Installation Permit Fees (Residential), specifically the Installation of each additional fixture, from $5 to $7, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    Article 27. To see if the Town will vote to appropriate a sum of money from available funds into the Stabilization Account, or take any action thereon.

    FINANCE COMMITTEE ACTION: APPROVED

    And you are hereby directed to serve this warrant by posting an attested copy in at least three (3) public places in said Ashby seven (7) days at least before holding 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 meeting aforesaid.

    Given under our hands this 16th day of April, 1998.

    Sally Tracy

    Michael Reggio

    Michael McCallum

    Chairman

    Clerk

     

    ASHBY BOARD OF SELECTMEN

    By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days before the time of said Annual Town Meeting.

    April 16, 1998 John H. Brodie

    CONSTABLE OF ASHBY

     

     

     

    RESULTS OF ANNUAL TOWN MEETING

    MAY 2, 1998

    The Moderator called the meeting to order and announced that the return of the warrant showed it was properly served. He thanked all town employees, all officials, committees and volunteers, Town Administrator and new Selectman, Mark Forgues, Lillian Whitney, and all the incumbents.

    A motion was made and seconded to waive the reading of the warrant, and so voted unanimously.

    Article 1. The motion was made and seconded that the Selectmen serve as Fence Viewers.

    The motion was made and seconded to close nominations, and so voted.

    VOTE ON ARTICLE 1: UNANIMOUS

    Article 2. The motion was made and seconded to accept as printed in the Annual Report, the reports of the various town officials and committees.

    VOTE: UNANIMOUS

    Article 3. The motion was made and seconded to authorize the Treasurer to borrow funds as necessary in anticipation of revenue.

    VOTE: PASSED

    Article 4. The motion was made and seconded to transfer the sum of $1,587.50 from the Wetland Filing Fees Account 24-3-301-000 for the use by the Conservation Commission Account 01-5-171-000 in carrying out its duties under the Wetlands Protection Act, pursuant to Chapter 131, Section 40 of the General Laws.

    VOTE: UNANIMOUS

    Article 5. The motion was made and seconded to transfer the sum of $5,700 from Cemetery Perpetual Care Interest 82-3-288-000 for the purpose of defraying the cost of the Cemetery Budget.

    VOTE: UNANIMOUS

    Article 6. The motion was made and seconded to accept G.L. c.140, s147A and further vote to raise and appropriate the sum of $1,000 to establish and fund a Dog License Program Account for the purpose of funding the Town Dog License Program.

    VOTE: UNANIMOUS

    Article 7. The motion was made and seconded to transfer the sum of $1,231 from Dog License Fees Account to Library Books Account 01-5-610-002 for the purpose of purchasing books.

    VOTE: UNANIMOUS

    Article 8. The motion was made and seconded to establish the position of Police Lieutenant and further to raise and appropriate the sum of $14,447.18 to pay the Town's portion of salary, the remainder being funded by a Federal Grant for FY99.

    VOTE: PASSED

    Article 9. The motion was made and seconded to establish the position of Police Patrolman and further to raise and appropriate the sum of $5,851 to pay the Town's portion of salary, the remainder being funded by a Federal Grant for FY99.

    VOTE: PASSED

    Article 10. The motion was made and seconded to raise and appropriate $253,524.70 for General Government, as follows:

     

     

    GENERAL GOVERNMENT

    1 Moderator Stipend

    $40.00

    2 Moderator Expenses

    50.00

    3 Selectmen Stipend

    -

    4 Town Office Clerical Wages

    11,790.00

    5 Selectmen's Expense

    5,800.00

    6 Town Administrator Salary

    35,000.00

    7 Town Administrator Expense

    -

    8 Unpaid Bills

    -

    9 Finance Committee Expense

    150.00

    10 Reserve Fund

    27,000.00

    11 Town Accountant Salary

    11,032.00

    12 Town Accountant Expense

    1,170.00

    13 Audit of Records

    -

    14 Town Acc't Clerical Wages

    2,249.00

    15 Assessors Stipend

    1,500.00

    16 Assessors Expenses

    3,250.00

    17 Assessors Wages

    10,436.00

    18 Regional Assessor Assm't

    13,320.00

    19 Assessor Map Maintenance

    900.00

    20.Assessor Computer

    -

    21 Valuation New Constr/Loan

    -

    22 CAMA Consortium

    1,500.00

    23 Treasurer Salary

    10,250.00

    24 Treasurer's Expenses

    4,250.00

    25 Collector Salary

    8,528.00

    26 Collector's Expenses

    6,000.00

    27 Collector Ass't Wages

    18,784.80

    28 Legal Counsel Retainer

    7,000.00

    29 Legal Counsel Expenses

    200.00

    30 Litigation Expenses

    4,000.00

    31 Tax Title Foreclosure

    -

    32 Town Clerk Salary

    7,000.00

    33 Town Clerk's Expense

    1,470.00

    34 Ass't Town Clerk Stipend

    1,000.00

    35 Election & Reg. Wages

    3,536.00

    36 Election & Reg. Expenses

    3,344.00

    37 Conservation Comm Expense

    war.art.

    38 Conservation Ad Expense

    300.00

    39 Planning Board Expense

    210.00

    40 Street Numbering & Maps

    750.00

    41 Zoning Board Expenses

    400.00

    42 MRPC Assessment

    614.90

    43 Town Office Custodian

    1,300.00

    44 Town Office Maint. Expense

    6,300.00

    45 Town Office Law Books

    -

    46 Town Office Computer

    -

    47 Care of Town Clock

    500.00

    48 Insurance: liab, P&C, F & P

    32,500.00

    49 Lyman Building Fuel

    6,500.00

    50 Town Reports

    3,600.00

     

    ___________

    TOTAL GENERAL GOVERNMENT

    $253,524.70

       
    VOTE: UNANIMOUS  
       
    The motion was made and seconded to raise and appropriate $168,735.40 for Protection of Persons and Property, as follows:  
       
    PROTECTION PERSONS & PROPERTY  
    POLICE DEPARTMENT  
    51 Police Chief Salary

    $ 40,000.00

    52 Police Officer Salary

    war.art.

    53 Police Clerical Wages

    5,635.40

    54 Patrolman Wages

    67,000.00

    55 Police Training Wages

    6,000.00

    56 Police Reserve Wages

    -

    57 Police Overtime Wages

    5,500.00

    58 Police Court Pros. Wages

    5,000.00

    59 Police Expenses

    35,000.00

    60 Police Cruiser Lease

    -

    61 Police Station Fuel/Elec.

    4,600.00

    62 Police COPS Grant Benefit

    -

    63 COPS Fast Bal/Mar-Jun

    -

     

    ___________

    TOTAL POLICE DEPARTMENT $ 168,735.40

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $51,500.00 for section of Protection of Persons and Property - Fire Department, as follows:

    FIRE DEPARTMENT

    64 Fire Chief Salary

    $ 16,000.00

    65 Fire Training Expenses

    1,000.00

    66 Firefighters' Stipend

    5,300.00

    67 Waste Oil Coordinator Salary

    2,000.00

    68 Firefighters' Wages (Hourly)

    12,200.00

    69 Fire Department Expenses

    10,900.00

    70 Fire Equipment Replacement

    2,000.00

    71 Fire Station Fuel

    1,500.00

    72 Front Mount Fire Pump

    -

    73 Waste Oil Expenses

    600.00

     

    __________

       
    TOTAL FIRE DEPARTMENT

    $ 51,500.00

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $28,980.00 for section of Protection of Persons and Property - Emergency Med. Services, as follows:

    76 EMS Wages

    $ 12,730.00

    77 EMS Expenses

    7,630.00

    78 EMS Training Expenses

    2,975.00

    79 EMS Training Salary

    1,845.00

    80 EMS Billing Fees

    3,800.00

     

    _________

       
    TOTAL EMERGENCY MED SERVICES

    $28,980.00

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $35,856.00 for Town Inspectors, as follows:

    81 Bldg/Zon Insp Salary

    $ 4,600.00

    82 Bldg/Zon Insp Expense

    2,000.00

    83 Bldg/Zon Insp Travel

    1,200.00

    84 Plumbing/Gas Insp. Salary

    2,000.00

    85 Plumbing/Gas Insp. Expense

    50.00

    86 Plumbing/Gas Insp. Travel

    480.00

    88 Electrical Inspector Salary

    2,500.00

    89 Electrical Inspector Expenses

    800.00

    90 Electrical Inspector Travel

    600.00

    91 Inspector of Animals Salary

    5,000.00

    92 Inspector of Animals Expenses

    1,200.00

    93 Civil Defense Expenses

    100.00

    94 Dog Officer Salary

    9,200.00

    95 Dog Officer Expenses

    2,290.00

    96 Dog Officer Special Equipment

    816.00

    97 Tree Warden Salary

    20.00

    98 Tree Maintenance Expenses

    3,000.00

     

    _________

    TOTAL INSPECTORS

    $ 35,856.00

    VOTE: UNANIMOUS

     

    The motion was made and seconded to raise and appropriate $90,626.00 for Communications, as follows:

     

    COMMUNICATIONS

    99 Communication Wages

    $ 81,076.00

    100 Communication Expense

    4,700.00

    101 Dispatch Training Wages

    1,500.00

    102 Employee Development Exp.

    1,350.00

    103 Comm Ctr. Renov. Exp.

    2,000.00

    __________
    TOTAL COMMUNICATIONS

    $90,626.00

    TOTAL PROT. PERS. & PROP $ 375,697.40

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate$1,828,596.00 for the total schools budget for Education, as follows:

    EDUCATION

    104 Monty Reg. Voc. Tech. Asmt.

    $ 286,018.00

    105 NMRSD Reg. School Asmt.

    1,396,222.00

    106 NMRSD School Debt Service

    146,356.00

     

    ____________

       
    TOTAL SCHOOLS BUDGET

    $ 1,828,596.00

     

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $286,090.45 for the total Highway Department, as follows:

    HIGHWAY DEPARTMENT

    107 Highway Super. Wages

    $32,309.85

    108 Highway Foreman Wages

    29,471.26

    109 Highway Mechanic Wages

    28,552.89

    110 Highway Equip. Op. Wages

    27,718.01

    111 Highway Truck Driver Wages

    27,029.24

    112 Regular Overtime Wages

    2,500.00

    113 Highway Shed Expense

    3,300.00

    114 Highway Uniforms

    2,204.20

    115 Road Maintenance

    50,000.00

    116 Sign Maintenance

    1,000.00

    117 Bridge Maintenance

    1,500.00

    118 Highway Machinery Exp.

    34,000.00

    119 Highway Barn Fuel

    2,700.00

    121 Highway Winter Overtime

    15,525.00

    122 Highway Winter Expense

    27,000.00

    123 Street Lights

    780.00

    124 Conserv. Compliance Exp.

    500.00

     

    __________

       
    TOTAL HIGHWAY DEPARTMENT

    $ 286,090.45

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $10,700.00 for the remainder of Public Works, as follows:

    REMAIN. PUBLIC WORKS

    125 Right-to-know Coord Exp.

    $ 300.00

    126 Engineering Expenses

    -

    127 Landfill Operation

    -

    128 Hazardous Waste Coord. Exp.

    500.00

    129 Cemetery Wages

    7,400.00

    130 Cemetery Maintenance Exp.

    2,500.00

     

    _________

       
    TOTAL REMAIN. PUB. WORKS

    $10,700.00

    VOTE: UNANIMOUS

     

     

    The motion was made and seconded to raise and appropriate $24,541.00 for Human Services, as follows:

    HUMAN SERVICES

    131 Bd. of Health Chair. Salary

    $ 2,400.00

    132 Bd. of Health Expenses

    3,000.00

    133 Nashoba Bd. of Health Asmt.

    5,364.00

    134 Vital Statistics

    100.00

    135 Bd. of Health Members' Sal.

    1,026.00

    136 Town Nurse Assmt.

    4,009.00

    137 Council on Aging Exp.

    1,250.00

    138 Veteran Agent Salary

    1,475.00

    139 Veteran Agent Expense

    67.00

    140 Memorial Day

    1,600.00

    141 Veteran Benefit Expense

    4,250.00

     

    ___________

       
    TOTAL HUMAN SERVICES

    $24,541.00

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate

    $19,714.00 for the Library, as follows:

    LIBRARY

    142 Librarian Salary

    $ 9,600.00

    143 Library Building

    1,964.00

    144 Library Books

    5,000.00

    145 Library Miscellaneous

    950.00

    146 Library Custodial Services

    1,200.00

    147 Library Books County D.L.

    war. art.

    148 Library Building Fuel

    1,000.00

     

    __________

       
    TOTAL LIBRARY

    $ 19,714.00

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $32,623.00 for the remainder of Culture and Recreation, as follows:

    REMAIN. CULTURE & REC.

    149 Band Concerts

    $ 6,000.00

    150 Allen Field Maintenance Exp.

    1,600.00

    151 Town Common Pump & Elec.

    1,100.00

    152 Allen Field Supplies

    800.00

    153 Town Common Maint. Exp.

    1,600.00

    154 Town Common Supplies

    500.00

    155 Tennis Court Maintenance

    500.00

    156 Historical Commission Exp.

    809.00

     

    _________

       
    TOTAL REMAIN. CULTURE & REC.

    $32,623.00

    VOTE: UNANIMOUS

    The motion was made and seconded to raise and appropriate $237,171.47 for General Expenses, as follows:

    GENERAL EXPENSES  
    157 LT Debt Fire Truck

    $22,834.00

    158 LT Interest Fire Truck

    1,364.63

    159 Temporary Loan Interest

    28,000.00

    160 County Retirement System

    40,343.00

    161 Veterans Retirement Benefit

    300.00

    162 Unemployment Compensation

    5,000.00

    163 Group Health Insurance

    70,684.84

    164 Workers Comp. Insurance

    2,645.00

    165 FICA/Medicare

    20,000.00

    166 Stabilization

    46,000.00

     

    __________

       
    TOTAL GENERAL EXPENSES

    $ 237,171.47

    VOTE: UNANIMOUS

    Article 11. The motion was made and seconded to authorize the Selectmen to petition the General Court for an act as follows:

    An Act authorizing Elmer S. Fitzgerald, Jr. to extend his employ with the Fire Department of the Town of Ashby.

    Section 1. Notwithstanding the provisions of any general or special law to the contrary, Elmer S. Fitzgerald, Jr. is hereby authorized to serve in position of Fire Chief in the Town of Ashby until and including June 30, in the year two thousand; provided, however, that said Elmer S. Fitzgerald, Jr. is mentally and physically capable to perform the duties of his office. Said Elmer S. Fitzgerald, Jr. shall be examined at his own expense by an impartial physician designated by said Town to determine such capability. No further deductions shall be made from the regular compensation of said employee under the provision of Chapter 32 of the General Laws for service subsequent to June 30, 1998 and upon retirement said employee shall receive a superannuation allowance equal to that which he would have been entitled had he retired on said date.

    Section 2. This act shall take effect upon its passage.

    The motion was made and seconded to use secret ballots.

    VOTE ON SECRET BALLOTS: 41 - FOR 100 - AGAINST

    DEFEATED

    VOTE ON ARTICLE 11: UNANIMOUS

    Article 12. The motion was made and seconded1. To amend the "Zoning Map, Town of Ashby, Massachusetts, Ashby Planning Board" so as to change the zoning district classification of the lots abutting the westerly side of Ashby State Road from Kendall Hill Road southerly to and including lots 67 and 68 on the Ashby Assessor's Map 11, being lots shown on the Ashby Assessor's Map 11, Lots 18, 24, 23, 22, 21, 20, 19, 19.1, 68 and 67, from Residential/Agricultural to Residential/Commercial.

    2. To amend the Zoning By-laws of the Town of Ashby, Massachusetts, regarding uses in a Residential/Commercial district allowed by Special Permit, by adding the following to Article 6.209, after the word "station" and/or the display and sale of used motor vehicles as permitted by a Class 2 license under Mass. General Laws, Chapter 140, sec. 58, not to exceed 15 vehicles at any one time.

    PETITION ARTICLE

    VOTE: 2/3's vote: 69 - FOR 44 - AGAINST

    VOTE ON ARTICLE 12: DEFEATED

    Article 13. The motion was made and seconded that the Town vote to accept article 13 as it appears in the warrant.

    VOTE: DEFEATED

    Article 14. The motion was made and seconded to accept the following sums in trust, the income therefrom to be expended for the perpetual care of lots, as follows:

    GLENWOOD CEMETERY

    AMOUNT NAME AVE LOT SECTION
    $250.00 Nancy Maguire A 16 Lyman
    $100.00 Karen L. Crandell B 24 Lyman
    $175.00 Mark J. & Patricia A. Haven B 25 Lyman
    $250.00 Diane Bruso C 25R Lyman
    $150.00 Lois Brettschneider B 26 Lyman
    $350.00 Raymond G. & Vicki-Sue Godin C 17 Lyman

    WEST CEMETERY

    AMOUNT NAME AVE LOT SECTION
    $150.00 Arvo H. Kouvo 3rd 155R 11
    $175.00 Eini & Martti Rantala 3rd 156R 11

    VOTE: UNANIMOUS

    Article 15. The motion was made and seconded to amend the Town By-Laws by deleting the figure "six members" for Reserve Police Force, and substituting the statement "any number of Reserve Police Force as deemed necessary by the Chief of Police and the Board of Selectmen" for the purpose of providing 24 - hour police protection.

    CHAPTER 147, SECTION 13A

    VOTE: PASSED

    Article 16. The motion was made and seconded to raise and appropriate the sum of $4,600 for the Fire Department to purchase 15 Air Bottles for the purpose of replacing outdated Air Bottles.

    VOTE: UNANIMOUS

    Article 17. The motion was made and seconded to raise and appropriate the sum of $20,000 for the Fire Department to purchase and equip a used recent model 4 x 4 Pickup Truck to be used as a Forestry Truck for the purpose of replacing Engine 3, a 1958 Ford.

    VOTE: UNANIMOUS

    Article 18. The motion was made and seconded to raise and appropriate the sum of $5,700 for the Assessors to fund the development of a Geographic Information System and to pay for the associated expense of the purchase of digital map data.

    VOTE: UNANIMOUS

    Article 19. The motion was made and seconded to raise and appropriate $65,000 for the Highway Department to purchase a Dump Truck and Plow for the purpose of replacing the 1981 International.

    VOTE: UNANIMOUS

    Article 20. The motion was made and seconded to raise and appropriate the sum of $13,700 to repair and recover the shed roof of primary building and small roof of secondary building of the Highway Barn for the purpose of maintaining the Highway Building.

    VOTE: UNANIMOUS

    Article 21. The motion was made and seconded to raise and appropriate the sum of $20,000 to purchase Road Sand Sealto seal road surfaces.

    VOTE: UNANIMOUS

    Article 22. The motion was made and seconded to raise and appropriate the sum of $9,000 to purchase Collection Software for the Town Collector for the purpose of optimizing the Town cash collection process.

    VOTE: UNANIMOUS

    Article 23. The motion was made and seconded to raise and appropriate $3,000 for the Fire Department to add to the existing Water Holes Account 01-5-220-7 for the purpose of renting the equipment to clean Town water holes.

    VOTE: UNANIMOUS

    Article 24. The motion was made and seconded to raise and appropriate $6,400 for the purpose of purchasing and installing four Insulated Overhead Doors with remote controls for the Fire Station.

    VOTE: UNANIMOUS

    Article 25. The motion was made and seconded to accept the provisions of Chapter 40, sec. 21D of the General Laws and amend the Town By-Laws as follows:

    The Health Agent duly authorized by the Board of Health shall have the authority to enforce the Board of Health Rules and Regulations relating to Sales of Tobacco Products to Minors in the Town of Ashby (Tobacco Regulations) in accordance with G.L. C. 40, Sec. 21D.

    A permittee found by the Board of Health, or its designee, to have violated Section 3 of the Tobacco Regulations shall be penalized as follows:

    First violation: written warning

    Second violation within a twelve month period: $25.00 fine and ten consecutive day suspension

    Third violation within a twelve month period: 50.00 fine and twenty-one consecutive day suspension

    Fourth and subsequent violation within a twelve month period: $50.00 fine and forty-five consecutive day suspension

    All tobacco products shall be removed from the permitted premises upon suspension of the tobacco sales permit. Each day such violation continues constitutes a separate offense and the permittee shall pay an additional fine of $100.00 per day.

    VOTE: UNANIMOUS

    Article 26. The motion was made and seconded to amend Section 3B- Schedule of Permit Fees of Article X- Building Regulations of the Town By-Laws by amending the Plumbing Permit Fees, specifically the Installation of each additional fixture from $5 to $7 and by amending the Gas Installation Permit Fees (Residential), specifically the Installation of each additional fixture, from $5 to $7.

    VOTE: MAJORITY

    Article 27. The motion was made and seconded to appropriate the sum of money left over from funds, $888.80, from available funds, to the Stabilization Fund.

    VOTE: UNANIMOUS

    At this time, the Moderator and everyone present expressed their appreciation to "Dolly" Wright for her 30 years as Town Treasurer.

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

    Dianne M. Enus, TOWN CLERK

    COMMONWEALTH OF MASSACHUSETTS

    STATE PRIMARY

    SEPTEMBER 15, 1998

    Middlesex, ss:

    To: Either of the Constables of the Town of Ashby

    GREETING:

    In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries to vote at the Ashby Elementary Auditorium in said Ashby, TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER, 1998 from 7:00 a.m. to 8:00 p.m. for the following purpose:

    To cast their votes in the State Primary for the candidates of political parties for the following offices:

    GOVERNOR FOR THE COMMONWEALTH
    LT. GOVERNOR FOR THE COMMONWEALTH
    ATTORNEY GENERAL FOR THE COMMONWEALTH
    SECRETARY FOR THE COMMONWEALTH
    TREASURER FOR THE COMMONWEALTH
    AUDITOR FOR THE COMMONWEALTH
    REPRESENTATIVE IN CONGRESS First Congressional District
    COUNCILLOR Seventh Councillor District
    SENATOR IN GENERAL COURT Worcester & Middlesex Senatorial District
    REPRESENTATIVE IN GENERAL COURT Second Worcester Representative District
    DISTRICT ATTORNEY Northern District
    SHERIFF Middlesex County

    Hereof, fail not and make return of this warrant with your doings thereon at the time and place of said voting.

    Given under our hands this 31st day of August, 1998.

    Michael McCallum

    Mark Forgues

    Michael Reggio

    Chairman

    Clerk

    Procurement Officer

    By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days prior to the State Primary.

    DATE: September 8, 1998 John H. Brodie

    CONSTABLE OF ASHBY

     

     

     

     

     

    RESULTS OF STATE PRIMARY

    September 15, 1998

    The warrant was returned to the Town Clerk September 15, 1998 at 7:00 a.m. by Constable John H. Brodie.

    Election Officers on duty and duly sworn were as follows: Betty Ann Tiilikkala, Marie Moakley, Edna Jamnback, Jeanette Colameta, Waldemar Tiilikkala, and Bertha Tiilikkala, Clerk.

    The polls opened at 7:00 a.m.

    The following is a list of candidates as they appeared on the official ballots and also the votes each received, and the total blanks.

    DEMOCRATIC PARTY PRIMARY BALLOT

    GOVERNOR

    VOTES

    Brian J. Donnelly

    16

    Scott Harshbarger

    62

    Patricia McGovern

    64

    Blanks

    4

     

    ---

    Total ballots cast

    146

       
    LIEUTENANT GOVERNOR  
    Dorothy A. Kelly Gay

    57

    Warren E. Tolman

    68

    Blanks

    21

     

    ___

    Total ballots cast

    146

       
    ATTORNEY GENERAL  
    Lois G. Pines

    73

    Thomas F. O'Reilly

    68

    Blanks

    5

     

    ___

    Total ballots cast

    146

       
    SECRETARY OF STATE  
    William Francis Galvin

    111

    Blanks

    35

     

    ___

    Total ballots cast

    146

       
    TREASURER  
    Shannon P. O'Brien

    113

    Blanks

    33

     

    ___

    Total ballots cast

    146

       
    AUDITOR  
    A. Joseph DeNucci

    114

    Blanks

    32

     

    ___

    Total ballots cast

    146

       
    REPRESENTATIVE IN CONGRESS, FIRST DISTRICT  
    John W. Olver

    121

    Blanks

    25

     

    ___

    Total ballots cast

    146

       
    COUNCILLOR, SEVENTH DISTRICT  
    Louis P. Bertonazzi

    46

    Dennis P. McManus

    63

    Blanks

    37

     

    ___

    Total ballots cast

    146

       
    SENATOR IN GENERAL COURT, WORCESTER & MIDDLESEX DISTRICT  
    Robert A. Antonioni

    127

    Blanks

    19

     

    ___

    Total ballots cast

    146

       
    REPRESENTATIVE IN GENERAL COURT, SECOND WORCESTER DISTRICT  
    Brian Knuuttila

    123

    Blanks

    23

     

    ___

    Total ballots cast

    146

       
    DISTRICT ATTORNEY, NORTHERN DISTRICT  
    Martha Coakley

    66

    Timothy R. Flaherty

    26

    Michael A. Sullivan

    38

    Blanks

    16

     

    ___

    Total ballots cast

    146

       
       
    SHERIFF, MIDDLESEX COUNTY  
    James V. DiPaola

    55

    Edward J. Kennedy, Jr.

    70

    Blanks

    21

     

    ___

    Total ballots cast

    146

       
    REPUBLICAN PARTY PRIMARY BALLOT  
       
    GOVERNOR  
    Argeo Paul Cellucci

    101

    Joseph D. Malone

    66

    Blanks

    3

     

    ___

    Total ballots cast

    170

       
    LIEUTENANT GOVERNOR  
    Janet E. Jeghelian

    64

    Jane Maria Swift

    94

    Blanks

    12

     

    ___

    Total ballots cast

    170

       
    ATTORNEY GENERAL  
    Brad Bailey

    130

    Blanks

    40

     

    ---

    Total ballots cast

    170

       
    SECRETARY OF STATE  
    Dale C. Jenkins, Jr.

    124

    Blanks

    46

     

    ___

    Total ballots cast

    170

       
       
       
    TREASURER  
    Robert A. Maginn

    121

    Blanks

    49

     

    ___

    Total ballots cast

    170

       
    AUDITOR  
    Michael T. Duffy

    119

    Blanks

    51

     

    ___

    Total ballots cast

    170

       
    REPRESENTATIVE IN CONGRESS, FIRST DISTRICT  
    Gregory L. Morgan

    123

    Blanks

    47

     

    ___

    Total ballots cast

    170

       
    COUNCILLOR, SEVENTH DISTRICT  
    All others

    1

    Blanks

    169

     

    ___

    Total ballots cast

    170

       
    SENATOR IN GENERAL COURT, WORCESTER & MIDDLESEX DISTRICT  
    Sheryl A. Moretto-Thibault

    115

    Blanks

    55

     

    ---

    Total ballots cast

    170

       
    REPRESENTATIVE IN GENERAL COURT, SECOND WORCESTER DISTRICT  
    All others

    1

    Blanks

    169

     

    ___

    Total ballots cast

    170

    DISTRICT ATTORNEY, NORTHERN DISTRICT  
    Lee Johnson

    114

    Blanks

    56

     

    ___

    Total ballots cast

    170

       
    SHERIFF, MIDDLESEX COUNTY  
    All others

    3

    Blanks

    167

     

    ___

    Total ballots cast

    170

    The polls closed at 8:00 p.m.

    Tellers on duty and duly sworn were as follows: Nancy Peeler, Ann Seymour, Michael Hjelm, Michael Bigwood, Elaine Kielty, and Pam Peeler.

    At the close of the polls the ballot box read 316 voters had cast a ballot; the checkers' lists tallied 146 Democrats had cast a ballot; 170 republicans had cast a ballot, for a total of 316 voters.

    Dianne M. Enus, TOWN CLERK

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    COMMONWEALTH OF MASSACHUSETTS

    STATE Election

    NOVEMBER 3, 1998

    Middlesex, ss:

    To either of the Constables of the Town of Ashby:

    GREETING:

    In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Elections to vote at the Ashby Elementary School Auditorium on TUESDAY, THE THIRD DAY OF NOVEMBER, 1998 from 7:00 a.m. to 8:00 p.m. for the following purposes:

    GOVERNOR AND LT. GOVERNOR FOR THE COMMONWEALTH

    ATTORNEY GENERAL FOR THE COMMONWEALTH

    SECRETARY FOR THE COMMONWEALTH

    TREASURER FOR THE COMMONWEALTH

    AUDITOR FOR THE COMMONWEALTH

    REPRESENTATIVE IN CONGRESS FIRST CONGRESSIONAL DISTRICT

    COUNCILLOR SEVENTH COUNCILLOR DISTRICT

    SENATOR IN GENERAL COURT WORCESTER & MIDDLESEX SENATORIAL DISTRICT

    REPRESENTATIVE IN THE GENERAL COURT SECOND WORCESTER REPRESENTATIVE DIST.

    DISTRICT ATTORNEY NORTHERN DISTRICT

    SHERIFF MIDDLESEX COUNTY

     

    QUESTIONS

    #1 - SETTING COMPENSATION OF STATE LEGISLATORS

    #2 - PUBLIC CAMPAIGN FINANCING

    #3 - TAX RATE ON INTEREST AND DIVIDEND INCOME

    #4 - ELECTRIC UTILITY INDUSTRY RESTRUCTURING

    Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting.

    Given under our hands this 14th day of October, 1998.

    Michael McCallum

    Mark Forgues

    Michael Reggio

    Chairman

    Clerk

    Procurement Officer

    ASHBY BOARD OF SELECTMEN

     

     

     

    By virtue of this precept, I have posted three (3) attested copies of the foregoing warrant in three (3) public places in said Ashby at least seven days prior to the State Election.

    DATE: October 14, 1998

    Christopher VanVoorhis

    CONSTABLE OF ASHBY

     

     

    RESULTS OF STATE ELECTION

    NOVEMBER 3, 1998

    The warrant was returned to the Town Clerk by ConstableChristopher VanVoorhis.

    Election Officers on duty and duly sworn were as follows: Betty Ann Tiilikkala, Leona Sanford, Edna Jamnback, Marie Moakley, Waldemar Tiilikkala, and Bertha Tiilikkala, Clerk.

    The polls opened at 7:00 a.m.

    The following is a list of candidates and questions as they appeared on the official ballot and also the votes each received, and the total blanks:

    GOVERNOR/LT. GOVERNOR  
    Cellucci & Swift

    567

    Harshbarger & Tolman

    363

    Cook & Israel

    20

    All others

    -

    Blanks

    6

     

    ___

    Total Ballots Cast

    956

       
    ATTORNEY GENERAL  
    Brad Bailey

    402

    Thomas F. Reilly

    517

    All others

    1

    Blanks

    36

     

    ___

    Total Ballots Cast

    956

       
    SECRETARY OF STATE  
    William Francis Galvin

    533

    Dale C. Jenkins, Jr.

    307

    David L. Atkinson

    72

    All others

    -

    Blanks

    44

     

    ___

    Total Ballots Cast

    956

       
    TREASURER  
    Bob Maginn

    393

    Shannon P. O'Brien

    461

    Merton B. Baker

    46

    All others

    -

    Blanks

    56

     

    ___

    Total Ballots Cast

    956

    AUDITOR  
    A. Joseph DeNucci

    475

    Michael T. Duffy

    341

    Carla A. Howell

    80

    All others

    -

    Blanks

    60

     

    ___

    Total Ballots Cast

    956

       
    REPRESENTATIVE IN CONGRESS  
    John W. Olver

    485

    Gregory L. Morgan

    427

    All others

    -

    Blanks

    44

     

    ___

    Total Ballots Cast

    956

       
    COUNCILLOR  
    Dennis P. McManus

    617

    All others

    1

    Blanks

    338

     

    ___

    Total Ballots Cast

    956

       
    SENATOR IN GENERAL COURT  
    Robert A. Antonioni

    650

    Sheryl A. Moretto-Thibault

    278

    All others

    -

    Blanks

    28

     

    ___

    Total Ballots Cast

    956

       
    REPRESENTATIVE IN GENERAL COURT  
    Brian Knuuttila

    706

    All others

    1

    Blanks

    249

     

    ___

    Total Ballots Cast

    956

    DISTRICT ATTORNEY  
    Martha Coakley

    510

    Lee Johnson

    360

    All others

    3

    Blanks

    83

     

    ___

    Total Ballots Cast

    956

       
    SHERIFF  
    James V. DiPaola

    648

    All others

    2

    Blanks

    306

     

    ___

    Total Ballots Cast

    956

     

    QUESTION 1  
    YES

    643

    NO

    262

    BLANKS

    51

     

    ___

    Total Ballots Cast

    956

       
    QUESTION 2  
    YES

    552

    NO

    324

    BLANKS

    80

     

    ___

    Total Ballots Cast

    956

       
    QUESTION 3  
    YES

    699

    NO

    191

    BLANKS

    66

     

    ___

    Total Ballots Cast

    956

       
    QUESTION 4  
    YES

    714

    NO

    214

    BLANKS

    28

     

    ___

    Total Ballots Cast

    956

    The polls closed at 8:00 p.m.

    The following Tellers were on duty and duly sworn-in: Richard Catalini, Ann Seymour, Joyce Hopkins, Seth Hopkins, Elaine Kielty, Shaun Kielty, Michael Hjelm, Michael Bigwood, Jon Kimball, Dianne VanVoorhis, Debra Pillsbury, Mariana Furtney-Fyfe, Janet Flinkstrom, Robert Leary, and Dennis Moore.

    At the close of the polls the ballot box read 956 voters had cast a ballot; the ballots were removed from the ballot box and counted; the check lists tallied 956 voters had cast a ballot.

    OFFICIAL BALLOTS

    941

    ABSENTEE BALLOTS

    15

     

    ___

       
    TOTAL BALLOTS CAST

    956

    Dianne M. Enus, TOWN CLERK