USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1927-1929 > Part 46
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Moneikis v. Sullivan- Yamalowicz v. Sullivan
The suit of Anthony Moneikis against William H. Sullivan, Chief of Police, in his individual capacity, being an action or tort for alleged false arrest and imprisonment with damages stated at Twenty Five Thousand ($25,000) Dollars and referred to in the report of 1928 was entered in the Superior Court for Norfolk County on January 7, 1929 and is now pending therein.
As requested by the Selectmen this Department has appeared and answered for Chief Sullivan and is prepared to offer cvidence in defense if and when trial is had which should relieve him from liability.
On January 28, 1929 John Yamalowicz of Brockton brought suit against Chief Sullivan in the Superior Court for Norfolk County with damages stated at Twenty Five Thousand ($25,000) Dollars, being an action of tort for alleged false arrest and imprisonment which was entered on March 4, 1929 and is now pending.
As requested by the Scleetmen this Department has appeared and answered for Chief Sullivan and has prepared for trial. It is expected that the defense to be offered will absolve the Chief from liability. Both cases arise out of the same situation, wherein the Chief was acting in the performance of duty. Trials by jury have been claimed and in conse- quence the cases will not be heard in the near future.
Keating Cases
On July 31, 1928 the Selectmen acting in behalf of the Town entered into a contract in the form approved by the State Department of Public
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Works with Philip J. Keating of Shirley, doing business under the name and style of Guaranty Construction Company, for the construction work required to widen Washington Street northerly from Railroad Avenue in accordance with the plans and specifications referred to in the contract and thereafter the work was undertaken and carried through to completion and was finally aceepted by the Selectinen on April 16, 1929.
Payments were made to the contractor from time to time during the progress of the work on monthly estimates furnished by the Chief Engineer of the State Department of Public Works but in all eases an amount was reserved as the contract provided to be paid only on the proper comple- tion of the work and compliance with other terms of the contraet and in addition other sums were withheld because of the situation which was found to exist as to sums claimed to be due by various creditors of the contractor who furnished materials and labor for his work.
When the contraet was made a bond was furnished by the Contractor in the sum of $25,400 with the New Amsterdam Casualty Company as surety for the payment by the contractor for labor performed or furnished and materials used as required by law.
To reach the funds held by the Town and to obtain the benefit of the bond security for the satisfaction of its unpaid claim H. E. Fletcher Com- pany a ereditor filed a bill in equity in the Superior Court for Middlesex County against Keating, the Surety Company and the Town in behalf of itself and other creditors entitled to establish liens. Several other creditors availed themselves of the opportunity while thereafter certain other creditors undertook the establishment of their claims and payment of same by actions at law in which the Town was summoned as alleged trustee. In all, the suits in which the Town became thus involved, num- bered seven. Of these suits four have been disposed of and three are pending with likelihood of satisfactory settlement and the discharge of the Town as trustee early in 1930.
A cross bill in equity was brought by the New Amsterdam Casualty Company against Keating and the Town through which the surety eom- pany sought to establish its claim to the funds in the hands of the Town.
The bill and eross bill were referred to and heard by a Master. While the eases were pending before the Master eertain claims by Keating for payment of sums in addition to the amount allowed by the Chief Engineer in the final estimate were made and certain counter claims were set up by the Town which were settled by agreement and the balance due from the Town to Keating was established by the Master's report which in due course was confirmed.
The balanee found to be due which was adinitted by the Town was $7,437.51 and creditors whose liens were established in the Fleteher Com- pany case were paid on executions which issued sums totalling $4735.99 leaving the sum now on hand available to meet judgments if and when obtained in the law suits now pending $2701.52.
The cross bill brought by the Surety Company was after a contest dis-
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missed. The Fletcher Company case was also dismissed as to the town after the lien or creditors were paid and the executions were returned satisfied. This department cooperated with the creditors as far as it was proper to do so to bring about the payments of their claims while at the same time the interests of the Town were safeguarded.
In its totality the litigation was extensive in character and required with incidental matters a very considerable amount of attention in its various phases including preparation of court papers and participation in hearings, the Town being forced to participate although in reality but a stakeholder as between Keating and his creditors.
Releases have been prepared for delivery to the Town by Keating and the Surety Company and upon receipt of same and proper discharge of the pending trustee suits by agreement payment of remaining funds will be made in such distributive shares as may be indicated but otherwise in accordance with court orders. It is expected that the curtain will be rung down in this prolonged litigation early in 1930.
Claims
The following claims for personal injuries alleged to have resulted fromn defective sidewalk conditions as to which the Town received notice as required by law received the attention requested by the Selectmen which involved the customary reports following investigation and other necessary action including advice as to liability and disposition, viz .:
Richard S. Leary, which was settled for $60.00 by compromise agreement.
Annie E. Curran, which was settled by compromise agreement for $500.00.
Johanna A. Smith, which was settled by compromise agreement for $45.00.
Walter Lappin, as to which the Town denies that a proper statutory notice was received and further denies that a liability otherwise exists.
A claim by O. F. Aylesbury made April 1, 1929 for property (motor vehicle) damage due to alleged obstruction on Neponset Street appeared on investigation to lack essential elements to establish liability and ac- cordingly was denied and no statutory notice was given.
Certain claims by the Town had attention at the request of General Manager Bingham which were satisfactorily adjusted or are in process of adjustment and as to which only general mention appears to be desirable. A small claim is pending and is receiving the necessary attention.
Miscellaneous
Numerous matters as to which advice or other action was requested by other departments received attention and to a considerable extent arc briefly referred to in the following form.
Selectmen
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Opinion Re effect of Chapter 396 Acts of 1928 on provisions of Chapter 197 Section 15 Acts of 1914 (Salary questions).
Application of Section 36 Town Charter Act to Town Treasurer's Bond situation.
Duty as to General Manager's salary and course of action as to such salary appropriation.
Authority as to salaries of appointive officials.
Opinion Re sewer assessment situation and relief through legislation with respect to change of basis of assessment.
Right of town to acquire by way of gift land in Westwood and other park land questions.
Street Railway transportation situation.
Sunday Sports regulations.
Necessity of quorum to draw jurors.
Course of action Re Cottage Farm Bridge Expense Apportionment Case.
Acceptance of gifts for park purposes.
Enforcement of automobile parking rules on certain streets.
Situation with respect to insurance on municipal buildings during con- struction period and control of same.
As to authority to permit private gasoline supply line to be placed and maintained under street surface.
Duty with respect to action on license application in light of provisions of Zoning By-Laws.
Right of towns to appropriate funds by way of contribution to mect past expenses of Tercentenary (Private) Committee.
Form and substance of various articles for town meeting warrants.
Finance Commission
Westwood land taking for park purposes.
Duty Re General Manager's Salary situation.
Application Section 36 Town Charter Act to Town Treasurer's Bond situation.
As to necessity of an appropriation with respect to use of Departmental receipts.
School Committee
Junior High School Building Addition questions and Ritchie situation. Norwood Civic Association Contract.
Better Homes Contract situation and course of action.
Proposed school land purchase or taking questions.
Opinion to Superintendent as to Guild School building repairs and sale of site questions. Also as to course necessary to secure removal of entire school building.
Subject matter of articles for warrant and preparation of articles.
Advice and preparation of draft of notice from Town as to terminating use of Norwood Civic Association facilities.
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Advice and preparation of draft of agreement Re use of Norwood Civic Association property for November, 1929.
Prepared draft of contract with Bertram Sparrow for motor coach transportation of school children and advice Re terms of samc.
Board of Health
As to permit fees for plumbing also as to building permit fees.
As to proposed plumbing by-law.
Questions relative to plumbing regulations and changes.
Tubercular cow situation and revocation of milk permit (to Dr. Mulvc- hill, Milk Inspector).
Revision of milk regulations and drafting tuberculin test requirement and regulation (to Dr. Mulvehill, Milk Inspector).
Milk licenses and permits with respect to duties of Milk Inspector.
Board of Assessors
Tax abatement questions.
Motor vehicle assessment question-interpretation of new motor vehicle excise tax-motor vehicle abatement claim and general abatement ques- tions.
Booabdallah tax abatement case before County Commissioners-advice Re questions involved.
Board of Public Welfare
Relief action in certain cases involving family contribution and pro- cedure with respect thereto and incidental activities.
Storage of certain furniture and Town's position in situation. Opinion Re right to board minor dependent in private institution. Right to reach interest in real estate of person receiving relief.
Questions relating to abating of water and electric light bills and as to charging same to Department of Public Welfare appropriation.
Advice Re claim by City of Boston with respect to certain relicf.
General Manager
Opinion Rc Fire Department questions.
Advice Re regulations as to local peddling.
Opinion as to warning by signs that street is closed for travel during construction work.
Opinion as to Gamewell Fire Alarm Company contract.
Advice Rc town meeting control of operating details of the Fire Depart- ment and other Fire Department questions.
Advice Re licensing and regulating of furniture movers.
Advice Re Sunday sports regulations.
Procedure as to wire and pole locations and maintenance agreements. Questions relative to extension of Plimpton Avenuc to Munroe Street. Advice Rc boys' camp questions.
Advice Re proposed legislation as to future sewer assessments.
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Opinion as to Town's responsibility with respect to call firemen injured in the course of duty.
Advice Re particular sewers.
Advice as to course of action with respect to furnishing electricity.
Advice Re action as to garbage nuisance situation.
Review of proposed police regulations and making suggestions as re- quested.
Opinion as to right of town to furnish water and electricity to Westwood inhabitants for use outside of the limits of Norwood.
Advice Re Zoning By-Law amendment in respect to obstruction of view at street corners and as to sidewalk conditions.
Opinion as to Zoning By-Law application to garage situation.
Advice as to course of action relative to various claims.
Advice Re Tercentenary highway signs.
Town Clerk and Accountant
Duty to record conditional Bill of Sale.
New legislation affecting salaries under Town Charter Act.
Street lay-out forms.
Appropriation questions.
Questions as to nomination papers in behalf of Board of Registrars.
Opinion Re Town Treasurer's Bond situation and incidental questions.
Birth record questions.
Opinion Re sewer assessments.
Heating Contract situation.
Sales by Tax Collector.
Street widening questions.
Soldiers' Relicf questions.
. Eminent domain taking questions as to recording, etc.
Board of Survey questions.
Duties of special policemen.
Relief questions.
Recording lease questions.
Employee compensation questions.
Metropolitan sewer extension questions.
Questions relating to Board of Appeal under Zoning By-Law.
Notice questions as to personal injury claims.
Opinion Re Accountant's duties.
Opinion as to application of the provisions of Section 15 Chapter 40 General Laws to sale of Guild School site.
School Funds questions.
Town inceting conduct questions.
Building Inspector
Course of action as to Zoning By-Law violation.
Situation and action as to erection of garage in compliance with Zoning By-Laws.
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Non-conforming use questions.
Howard garage situation and propriety of course of action taken.
Fence Viewers
Advice as to duties generally and as to a specific case before them.
New Building By-Law Committee
Advice Re proposed new code and changes in draft of same including questions as to plumbing regulation and various activities by way of assistance to committee in the performance of its duties.
East Side School Building Committee
Advice as to duties also as to Architect's contract and revising provi- sions-also as to form of proposal for bids in relation to by-law requirements.
Junior High School Addition Building Committee
Questions as to contract and bond provisions and changes-advice to Architect Upham.
Revising form of bond.
Various duties of committee-advice to Chairman Allen.
Preparation of articles for special town meeting warrant with advice Re same.
Sub-contractor's rights.
Arbitrating architect's claim for extra work.
Application of Town By-Law provisions to proposed advertising for bids for asbestos curtain-advice to Architect Upham.
General
Legislation sought from the General Court through House Bill 816 by officials of the City of Quincy and supported by representatives of other municipalities would if enacted incorporate Norwood and other towns in the Neponset River Valley and elsewhere into the Metropolitan Parks District and would result in substantial assessments upon Norwood both immediate and future. It was necessary on short notice to prepare and present opposition in such vigorous and adequate form as would secure an adverse report, by the House Committee on Ways and Means following a favorable report from the Committee on Metropolitan Affairs. This Department assisted the special committee appointed by the Selectmen and the officials of other towns who joined in the opposition by participa- tion in their conferences, advising on the course of action and attendance and conducting the opposition hearing before the Ways and Means Com- mittee.
The rejection of the measure following the Committee's report "ought not to pass" marked the end of an attempt to penalize Norwood partic- ularly for its successful efforts as reported in 1928 to secure admission into the South District Metropolitan Sewerage System through the ex- tension of that system in the Upper Neponset River Valley.
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Petition and Bill drafted for legislation as to assessments for future extensions of the sewer system.
Articles for annual and special Town meeting warrants. Also motions under articles drafted or reviewed and revised.
Advice as to appointment by Board of Health of Plumbing Inspector.
Advice and action on request of Chief of Police as to certain trustee process suits and incidental matters.
Annual report for 1928.
Data reviewed for street lay out and orders of taking and advised as to. questions raised.
Advice Re election duties.
Reviewed bills and legislation of 1929 affecting towns.
Advice Re action as to Boyden Washington Street widening award payment.
Advice Re Westwood land questions to special committee on park system, also Re purchase or taking of Norwood lands for parks, play- grounds and other municipal purposes and proposals.
Advice to Memorial Municipal Building Committee (Mr. Foley) as to release of Contractor's bond.
Procedure as to wire and pole locations to New England Telephone and Telegraph Company and Eastern Massachusetts Street Railway Company.
Advice Re use of Memorial Municipal Building by historical society.
Advice Re application of zoning by-law to single residence district situation.
Conclusion
It is with much satisfaction that this report is concluded with the state- ment that the year ended with no suits directly against the Town and no claims of any importance pending or in prospect.
The courtesy, cooperation and consideration uniformly extended by all officials with whom dealings were had are gratefully acknowledged.
Respectfully submitted,
JAMES A. HALLORAN, Town Counsel
150
ANNUAL REPORT OF THE BOARD OF TRUSTEES OF THE MORRILL MEMORIAL LIBRARY
To the Citizens of Norwood:
During the year 1929, for the first time sinee the establishment of the Library, the eireulation has exceeded 100,000. With an inerease of 2734 volumes over the previous year the circulation reached the figure of 101,140 volumes. Detailed figures for the eirculation will be found in the report of the Librarian.
Co-operative work with the sehools has continued and better results are being obtained than ever before. Through this work the children are led to the reading of better books and are shown the advantages of using the Children's Room at the Library as well as its other departments.
The Library has stressed the courses devoted to "Reading With a Purpose" and books on the following courses may now be found at the Library on shelves devoted to each course :- Modern Drama, Good English, Music, Psychology, Good American Books, English Reading.
During the year the Library was the recipient of a gift of books pur- chased by funds donated by the ehurehes which had held union serviees. Books have been purchased, devoted to good English, from the income of the Cudworth Fund. Among the latest acquisitions of books has been the Eliot Five Foot Bookshelf.
The Building Committee reports that its work is now completed and the Trustees are glad to say that the Library plant is now in excellent condition.
Respectfully submitted,
WILLIAM T. WHEDON, MAUDE A. SHATTUCK. W. W. EVERETT, A. MARION SWAIN, JULIA A. MCCARTHY, WALTER BLAIR.
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LIBRARIAN'S REPORT
To the Board of Trustees:
The following is a statistical report of the Morrill Memorial Library, arranged according to the form recommended by the American Library Association.
Name of Library
Morrill Memorial Library
Town
Norwood
Name of Librarian
Jane A. Hewett
Date of founding
1873
Population served
14,391 (census of 1925)
Assessed valuation
$28,014,290.00
Terms of use
Free for lending: free for reference
Total number of agencies
4
Number of days open in 1929
302
Number of hours open each week 66
Number of staff 6
Increase
Number of volumes at the beginning of the year 33,052
Number of volumes added by purchase 1,494
Number of volumes added by gift. 156
Number of volumes in the Cudworth Memorial Collection
741
Total number at the end of the year
35,443
Number of magazines currently received
88 titles
106 copies
Use
Non-fiction Foreign
Total
Adult .
Fiction 45,175
10,413
435
56,023
Juvenile
23,039
7,334
30,373
Balch School
3,781
High School
831
Shattuck School
3,978
Winslow School
5,318
Deposits in other schools
836
Total circulation
101,140
Number of pictures lent
1,918
Finance
See report of the Town Accountant.
Registration
Adult
Juvenile 377
Total
Number of borrowers registered-1929
475
852
Total number of registered borrowers.
3059
1999
5058
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Books Added to the Library in 1929
Adult Juvenile
Cudworth Collection
Total
General works
53
0
5
58
Philosophy
52
0
4
56
Religion
13
4
10
27
Sociology
(includes fairy tales)
67
84
24
175
Philology
3
0
12
15
Natural science
16
18
13
47
Useful arts
40
10
5
55
Fine arts
28
12
31
71
Literature
84
56
421
561
Description and travel.
70
52
10
132
Biography
142
15
53
210
History
37
13
61
111
Fiction
416
365
92
873
Total
1021
629
741
2391
Gifts
Books, magazines and pamphlets have been received from
Mrs. S. H. Alexander
Mrs. J. H. Shumaker
Governor Allen of Massachusetts
Mr. E. H. H Simmons
Anonymous
Mr. Frank Smith
Mr. Albert Antonelli
Mrs. Estelle W. Stimpson
Mr. W. W. Cook
Mrs. Jessie W. Young
Mrs. Frank Deane
Citizens of Norwood through the churches
Mr. Clarence A. Fisher
Mrs. Caroline Grant
Commonwealth of Massachusetts
Miss Minnie J. Greig
Congregational Church of Norwood
Mrs. Florence LeFevre
Dennison Manufacturing Company
Mrs. L. C. Marshall
Hispanic Society of America
Mrs. Frank Mooney
Norwood Mothers' Club
Miss Lucy Prescott
Royal Baking Powder Company
Mrs. Mary Rowell
United Fruit Company
Mr. F. H. Seear
U. S. Stock Exchange
Miss Maude A. Shattuck
United States Government
.
Respectfully submitted,
JANE A. HEWETT, Librarian.
4
153
REPORT OF FINANCE COMMISSION
January 7, 1930
The Finance Commission for 1929 was comprised of Messrs. Fred R. Ellis, Francis J. Foley and John J. Coakley. The Commission organized with Mr. Ellis as Chairman and Mr. Coakley as Clerk; Mrs. Clarissa G. Majer was elected Executive Secretary.
During the year the Commission held regular meetings, one public hearing in connection with the School program, and many informal con- ferences with other town officials. It has been the purpose of the Finance Commission to cooperate in every way possible with all officials and de- partments of the town to the end that such assistance as the Commission inight render would be of constructive help in the solution of our municipal problems.
We wish to record here our appreciation of the able, efficient and exceed- ingly valuable service rendered to the Town of Norwood by Mr. Charles J. Prescott during his tenure of office as Chairman of the Finance Commission for a period of nine years. In the performance of his official duties he gave freely and willingly of his time and effort, having uppermost in mind at all times the welfare and high standing of our town. In addition, his numerous benefactions for the upbuilding of our community have con- tributed immeasurably in many ways to the progress' which Norwood has enjoyed.
In our report of one year ago we stated that "Experience in other locali- ties would seem to indicate that a tax rate of more than $30.00 is extremely detrimental, not only to the growth of the town but to the real estate values, and we believe that Norwood must finance itself so as to come within this figure and still continue to have a very substantial amount ($4.00 to $6.00) of capital expenditures in the tax levy."
We are firmly convinced that such a policy is the safest and wisest course for the town to follow, and while we are not unmindful of the de- sirable and necessary improvements which are continuously engaging the attention of our public officials, we believe that such improvements should be secured only in conformity with the financial policy above out- lined and over a reasonable period of time.
The citizens of Norwood have loyally responded in all matters relating to the splendid advancement which has been made in all departments of the Town. They are the ones who pay the bills. Public officials should see to it that the tax burden, heavy enough at best, is not made unduly so by excessive expenditures. The Finance Commission feel that every
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endeavor should be made to so arrange our municipal business as to keep within a $29.00 tax rate.
A detailed statement of our consideration of the 1929 budget was in- corporated in our report submitted at the adjourned Annual Town Meeting held February 26th, 1929.
The assistance and cooperation given us by other Boards and officials has been exceedingly helpful in carrying on our work, and for this we wish to express our sincere appreciation.
Respectfully submitted,
FRED R. ELLIS, JOHN J. COAKLEY, FRANCIS J. FOLEY.
155
REPORT OF THE BOARD OF ASSESSORS
To the Citizens of Norwood:
The Board of Assessors herewith submit their annual report together with the statement of valuations as determining the tax levy for the year 1929.
Organization, April 1, 1929
Patrick J. Lydon was reappointed by the Selectmen as Assessor for the term of three years beginning April 1, 1929.
The Board organized as follows: Patrick J. Lydon was elected Chair- man and Agnes M. Coughlin, Clerk.
Assistant Assessors
Albert Rafuse, Robert Oldham, George L. Banks, Benjamin Paddleford, Edmund J. Sullivan, Charles Jewett and John J. Owens were appointed by vote of the Board under authority of Town Meeting to serve for the period of thirty days or such shorter period as the Board of Assessors may deter- mine.
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