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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:

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

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.

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:

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.

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

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.

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

WEST CEMETERY

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.

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.

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

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

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:

VOTE: UNANIMOUS

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

VOTE: UNANIMOUS

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

COMMUNICATIONS

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

VOTE: UNANIMOUS

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

HIGHWAY DEPARTMENT

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

VOTE: UNANIMOUS

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

HUMAN SERVICES

VOTE: UNANIMOUS

The motion was made and seconded to raise and appropriate

$19,714.00 for the Library, as follows:

LIBRARY

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.

VOTE: UNANIMOUS

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

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

WEST CEMETERY

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:

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.

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.

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

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.

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:

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.

Dianne M. Enus, TOWN CLERK