USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1936-1938 > Part 60
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AND WHEREAS similar letters of invitation at the request of General Manager William C. Kendrick were addressed and delivered to the follow- ing, namely, Thomas U. Mahony, Chairman, Charles E. Nicholson, Secre- tary, John E. Bamber, Rosewell A. Norton, Frank B. Jenness, members of the Planning Board; Chief Alonzo N. Earle and Deputy Chief Louis F. Parker of the Fire Department.
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AND WHEREAS of the parties so invited only Chairman Thomas U. Mahony and Secretary Charles A. Nicholson of the Planning Board were present,
AND WHEREAS no facts were presented either of general or detailed character in support of the reasons or charges contained in the removal statement of said former members of the Board of Selectmen,
AND WHEREAS said Planning Board Chairman Mahony and said Secre- tary Nicholson made denial of any lack of cooperation on the part of said General Manager Kendrick with said Planning Board, and further stated that the Planning Board had made no charges against said General Manager Kendrick,
AND WHEREAS acting through his Counsel and on his advice as stated by his Counsel, General Manager William C. Kendrick stated,
I am speaking for Mr. Kendrick. We would like very much to stand here and go into detail as to all of these charges. He has done that. Maybe this would be the occasion to do it all over again. At a meeting, previous to the election, he took the stand, or the platform, and he tried to answer, at least in substance, all of the charges that have been thrown in here, or affecting his conduct in office. At a largely attended meeting he answered them and also through the press. He could do it again here tonight, and, probably, with unlimited time, could go into more detail. I am not going to ask him to do it unless the Board insists upon it, and, under the circumstances now confronting us, I do not think that the Board of Selectmen should-not only as a practical matter, but as a legal matter. First, as a practical matter, if those who have seen fit to make charges, after having been courteously and duly notified, do not care to come here to substantiate them, the charges, it seems to me that it does not call for a denial or an affirm- ative statement by Mr. Kendrick.
AND WHEREAS said William C. Kendrick requested that,
September 26, 1938
Sture Nelson, Chairman Board of Selectinen Norwood, Massachusetts
Dear Sir:
I have already acknowledged receipt of the removal statement signed by a majority of the Selectmen dated September 22, 1938.
Since the receipt of the document, I have conferred with my attorney and at his suggestion I am writing to you now for the purpose of obtaining a more detailed statement of the grounds of removal. Of course you are familiar with Section 11, of Chapter 197 of the Acts of 1914 which requires the Selectmen to set forth in detail the specific reasons for removal of the
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general manager. The removal statement as presently composed is most general in its terms and except as to paragraph 11, gives no grounds for removal in detail. Accordingly, I request that the Board of Selectmen send me forthwith a more detailed statement and specifically set forth the following information:
As to Section 3: To set forth the transactions or dealings in which the general manager has refused and failed to cooperate with the Selectmen.
As to Section 4: To set forth wherein the general manager has failed to cooperate with the Planning Board.
As to Section 5: To set forth wherein the general manager has refused to cooperate with the Fire Department.
As to Section 6: To set forth the proposed contract or contracts ex- ceeding $500 wherein the general manager failed to advertise for proposals.
As to Section 7: To set forth the contract or contracts wherein a reason- able estimate of such would have exceeded $500, the general manager failed to advertise for proposals.
As to Section 8: To set forth the contract or contracts which, it is alleged, the general manager improperly split in order to evade the provisions of the by-laws as to advertising for proposals.
As to Section 9: To set forth the contract or contracts wherein the general manager neglected and refused to secure reason- able competition.
As to Section 10: To set forth the contract or contracts exceeding $1,000 whercin the general manager failed to obtain a suitable bond or deposit or security for performance.
As the removal statement now stands, it is quite apparent that it will be most difficult for me to prepare for the proposed hearing by the Selectmen. During my term of office I have entered into hundreds of contracts on behalf of the Town, and it will involve a great deal of time and expense if I am to be in a position to have all the facts and data with respect to each contract. Before the hearing, I should like to know the contract or con- tracts to which the Selectmen refer in the removal statement so that I may be prepared to have all available data and witnesses on hand.
An early reply to this letter will be appreciated.
Respectfully yours,
WILLIAM C. KENDRICK (signed)
AND WHEREAS in the opinion of the Board of Selectmen as at present constituted the reasons in the form set forth in the written statement of removal did not comply with the requirements of Section 11 of said Chapter 197, Acts of 1914, in that the said statement did not set forth in detail the specific reasons for the removal of said William C. Kendrick and the in-
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formation requested by said William C. Kendrick should have been fur- nished as a matter of right to him promptly upon his request therefor
AND WHEREAS as notified to said William C. Kendrick the Board of Selectmen as at present constituted had no knowledge of the matters and things set forth in said reasons other than as contained therein and were unable therefore to furnish such details
AND WHEREAS said reasons and each of them as set forth in said re- moval statement were entirely without support at said hearing
NOW THEREFORE BE IT VOTED by the unanimous action of the Board of Selectmen as at present constituted that said reasons and each of them have not been sustained and no warrant has been shown that the said William C. Kendrick should be removed from the office of General Manager based upon said reasons or any of them as set forth in said re- moval statement and that said removal proceedings be and hereby are dismissed.
Norwood, Mass., November 22, 1938
CHARLES E. HOUGHTON, HARRY B. BUTTERS, CHARLES F. HOLMAN, JOHN E. FOLAN, FRANCIS W. SMITH,
Selectmen of Norwood
COPY Item A.
Dear Sir:
Please be informed that the hearing granted to W. C. Kendrick in the pending proceedings for his removal from the office of General Manager in the Town of Norwood will be held, by the unanimous vote of the Select- men, in the Selectmen's Room in the Municipal Building in said Norwood at 7:30 o'clock in the afternoon on Thursday, October 27, 1938, and will be public.
You are invited to attend said hearing and to present facts pertinent to the reasons for removal assigned by you with others as majority members of the then Board of Selectmen and in support of said reasons or any of them which reasons are more particularly set forth in the written statement filed in said removal proceedings with the Town Clerk and Accountant on September 22, 1938.
We will appreciate your acknowledgment of this letter and your indica- tion, reasonably in advance of said hearing, as to whether you will be present at said hearing for the purpose set forth above.
Yours very truly,
Mailed to: Sture Nelson, John M. Mutch, Herbert V. Brady
SELECTMEN OF NORWOOD
By JAMES E. PENDERGAST (signed), Clerk
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Item B.
COPY
Dear Sir:
Please be informed that the hearing granted to W. C. Kendrick in the pending proceedings for his removal from the office of General Manager in the Town of Norwood will be held, by the unanimous vote of the Select- men, in the Selectmen's Room in the Municipal Building in said Norwood at 7:30 o'clock in the afternoon on Thursday, October 27, 1938, and will be public.
General Manager Kendrick has requested us to invite you to attend such hearing and present facts pertinent to the reasons for removal assigned by a majority of the then members of the Board of Selectmen and more particularly set forth in the written statement filed in said removal pro- ceedings with the Town Clerk and Accountant on September 22, 1938.
We will appreciate your acknowledgment of this letter and your indica- tion, reasonably in advance of said hearing, as to whether you will be present at said hearing for the purpose set forth above.
Yours very truly, SELECTMEN OF NORWOOD
By JAMES E. PENDERGAST (signed), Clerk
Mailed to:
Each member of the Planning Board.
Alonzo N. Earle, Chief of Fire Department.
Louis F. Parker, Deputy Chief of Fire Department.
After statement made by Selectman Mutch that in connection with the proceedings for the removal of Mr. Kendrick as General Manager the Town Counsel must be neutral and advise both the majority and the minority, voted that the same being in the judgment of the Board necessary, special counsel be employed to advise and assist the Board in connection with the procedure involved in said removal proceedings and in the preparation and conduct of any hearing that may be requested and held and to perform such other legal services as may be reasonably incidental thereto, and by further action taken by like divided vote, voted that pursuant to the vote immediately preceding, George R. Farnum of Boston, a member of the Massachusetts bar, be engaged as special counsel to perform the legal services therein set forth, to be paid therefor in accordance with the stand- ard of charges customarily obtaining for the rendition of like services.
Attorney Farnum was informed by letter of the action taken and ac- knowledged receipt by letter dated September 10.
Action was taken on October 13, by the Board of Selectmen as newly constituted by unanimous vote as follows, namely,
In respect to action taken by a majority vote of the Board of Select- men on September 8, 1938, as then constituted, with respect to George
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R. Farnum, Esquire, and whereas the Board of Selectmen as at present constituted questions the validity and binding force and effect upon the town of Norwood by said action so taken, said George R. Farnum, Esquire, be forthwith notified in writing by the Clerk of the Board and in its name and behalf that the legality and binding force and effect upon the town of said action and of any services rendered pursuant to said action are not recognized and are expressly denied, and that the occasion for such services has not existed and does not now exist, but in any event such services are no longer desired or required.
Attorney Farnum was duly notified of said action.
By letter dated October 17, Attorney Farnum asserted the legality of his employment and the obligation of the town to pay for all services rendered under it and claimed a repudiation of his contract to perform the services thereunder.
On November 1, a letter was received from Attorney Farnum through which a claim in the sum of $515.15 was made for services rendered and expenses incurred as set forth in an accompanying statement.
It was then voted to refer the claim to the Finance Commission for in- vestigation of the facts and report thereon under the provisions of Section 20 of said Chapter 197 of the Acts of 1914, it being, as stated in said vote, as it seems to the Selectmen, of doubtful validity, excessive in amount if valid and otherwise contrary to the interests of the town, and which report is yet to be made.
With regard to the removal election above mentioned, it was reported on September 8 by Clerk Pendergast that notice had been given to each of the Selectmen under date of September 7, formally submitting the petitions for the recall and removal election as to Selectman John M. Mutch, Selectman Herbert V. Brady and Selectman Sture Nelson, with attached certificates certifying that said petitions were sufficient as to signatures, whereupon it was voted that pursuant to the provisions of Section 30 Chapter 197 Acts of 1914 the several officials referred to in said petition be given written notice by the Clerk that said recall petitions together with said attached certificates, etc. certifying that said petitions seeking said removal were examined and found to be sufficient and said recall petitions together with certificates were submitted to the Selectmen at a special meeting held on September 8, and that said notices be issued pursuant to the provisions of said Section 30.
On September 15, it was voted, upon it appearing from information furnished by the Town Clerk and Accountant that the Selectmen were required to order a recall and removal election pursuant to the provisions of law, that the date of the removal election be fixed as October 11, 1938, being the Tuesday within the thirty-five days of September 7, the date of the certificate of the Town Clerk and Accountant, and that said election be so ordered and that the polls be opened at 11:00 o'clock, a. m. and be closed at 8:00 o'clock, p. m.
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Miscellaneous
On January 11, report was made of the receipt of a letter from the County Commissioners of Norfolk County under date of December 30, 1937 stating that the petition and plan of relocation of Canton Street in Norwood had been received and advising as to award of damages and requesting entry be made as provided by law and return of entry be reported to them.
On January 16, Town Clerk and Accountant Pendergast reported that the total amount of appropriation for pension accumulation fund under the contributory retirement act, Chapter 318 Acts of 1936, has been esti- mated by the State Department of Banking and Insurance as $18,851.00.
On January 25, it was voted to install by way of extension of primary distribution circuit on Nichols Street and Westover Street A, overhead service on Berwick Place to Nichols Street and continuing underground to Westover Street A. estimated cost being $2,222.00.
Following conference with representatives of Playground Committee and of other committees and organizations relative to providing a skating area in Dunn's Field, so-called, off Nahatan Street, it was voted on Febru- ary 1, 1938 that necessary steps be taken to affect a flooding of the field on the understanding that Mrs. Dunn, the owner, would permit the use of the field for the purpose.
On February 1, a warrant was received from the Commissioners of the County of Norfolk calling for the payment of $9,135.56 representing the assessment levied upon the town for care, maintenance, and improvement of the Norfolk County Hospital for the year 1938.
Upon notice from the Federal Director of Commodity Distribution, Surplus Commodities Division, under date of February 9, received through the Board of Public Welfare, of the share of the town for administrative expense for the year beginning March 16, 1938 in the sum of $184.70, it was voted on February 15 to contribute said sum. Information was also furnished by said Director that food and clothing was distributed in Nor- wood for the year 1937 of the value of $14,775.66 and that two persons were employed in the town by this department with a yearly payroll of $1,764.87.
On February 23, report received from General Manager that entry had been made on Canton Street at the Norwood-Canton line also that entry had been made on Pleasant Street as laid out anew by the County Com- missioners between East Cross Street and Dean Strect.
Report from Advisory Committee on Public Playgrounds received on February 23, that its organization was perfected on February 20 with Miss Maude A. Shattuck as Chairman and Miss Florence Hennessy as Secretary, and making recommendation that a field house be erected at the Hawes Brook swimming pool.
On February 8, it was voted, after a hearing, that the license issued to Johnson Bus Lines, Inc. to operate and transport passengers for hire from the Norwood-Westwood town line in Norwood be revoked for the reason
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that said corporation voluntarily discontinued such service and has not been operating since November 7, 1931; it was also voted that the Oakdale Cominunity Garage and Bus Line (P. A. Chamberlain) be given leave to withdraw on its application for a permit to operate buses in Norwood as set forth in its letter of January 28.
On February 8, it was voted, on report of the retirement of William A. Carlson from the service of the town at the Civic Playground Building, that a letter be prepared and forwarded to him expressing the appreciation of the Selectmen for his long and faithful service in the capacity of janitor of the premises.
On March 7, it was voted that the Selectmen do not favor any increase in salaries other than the step rate incrcases and further voted on the ques- tion of the purchase of uniforms in the police and fire departments that the Selectmen would not recommend such purchases.
On March 29, voted to install a larger water main in the extension of the water system in Winter Street than the one now existing at an estimated expense of $750.00 on request of Norwood Hospital for increased water service and additional pressure.
On April 5, notice was received from Emergency Finance Board indi- cating approval of tax title loans as voted by the town also of refunding an existing tax title loan maturing on April 15.
Approved sale by Town Treasurer and Collector of Taxes as Town Treasurer of notes of indebtedness due April 15, 1939 in the sum of $20,- 000.00 each being emergency finance tax title loans.
On April 5, a letter was received from the President of the Pierce Bus Lines under date of March 25, withdrawing its application for a bus license to operate between Norwood Central Depot and North Attleborough.
On April 20, it was voted that underground electric service be installed in a portion of Vernon Street and Hawthorne Street on condition that the owner of the property assume one-half of the assessed cost over and above the cost of overhead installation, said one-half to be exclusive of street lighting installation, and if the owner is unwilling to accept said condition that the General Manager be authorized to proceed with the installation of overhead electric service.
On April 20, by majority action it was voted that a committee of five be appointed (afterwards reduced to four) to make an extensive study in regard to future developments in Norwood with a view to relieving the local tax burden and whatever the committee may consider to be for the best interests of the community in general and on their survey and study to recommend to the Selectmen at a future meeting policies and to have access to whatever records the committee considers necessary to carry out the purpose for which it was appointed, and that no citizen be appointed who, cither directly or indirectly, is interested in any real estate develop- inent or is an attorney at law, and that the committec have the cooperation of the Clerk, General Manager and Town Counsel, and to report on May 3.
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The following were named as members of the committee, Edmund F. Murphy, C. Roger Pearson and Paul I. Bernier.
Request of Norwood Garden Club for use of Memorial Hall for a public lecture on April 21, no admission charge to be made, was granted.
On April 26, by a divided vote action was taken as follows, namely: "That all contracts for purchases in excess of $500.00 in the future be taken up with the Selectmen before the contract is awarded." On No- vember 22, it was voted to rescind the action taken on April 26, that all contracts for purchases in excess of $500.00 be taken up with the Selectmen before the contract is awarded.
On May 24, the resignation of C. Roger Pearson as a member of the Board of Public Welfare was received and accepted and it was voted that a letter be prepared and forwarded to him expressing the regret of the Selectmen and appreciation of the services rendered by him as a member of the Board of Public Welfare.
On June 21, arrangements authorized to be made by General Manager Kendrick with Norwood Legion Band for a series of band concerts to be held at the Guild Park Bandstand on successive Thursday evenings for the period of eight weeks beginning July 7 and including August 25.
On June 21, during a conference with the Planning Board, a letter from the Highway Engineer representing the State Department of Public Works and dated June 10 was read in which it was stated that the Commissioners on recommendation of the Engineer had approved for a Chapter 90 project this year the way shown on a plan and indicated as the Selectmen's pro- posed road extending from Route 1 across Pleasant Street and Washington Street with two railroad under-passes and a future connection across Route 1A to Nichols Street, this Route crossing Washington Street at or near St. Paul Avenue and the section to be constructed this year to be between Route 1 and the railroad embankment adjacent to Pleasant Street and indicating the advisability of including in the lay out sufficient land along Route 1 to provide for an over road at some future date to eliminate the possibility of the construction of gas stations or other developments that might cause increased land damages in the future.
The letter raised the problem to be considered in the conference of whether the town would provide the entire fund necessary to carry on an employment program or whether it would avail itself of an opportunity to secure a Chapter 90 contribution of $25,000.00 towards such employment program.
After discussion it was voted to approve of said Chapter 90 project for 1938, as the so-called South Norwood Highway, it being understood that a lay out is to be prepared subject to the approval of the State Department of Public Works of a proposed way in this location and to include sufficient land taking easterly and westerly of Route 1 to provide an over road at some future date, and that it be understood that the proposed road ex-
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tending from Route 1 to Washington Street would eross said street at or near St. Paul Avenue.
On August 23, report was received from the State Department of Public Works that the Department would not cooperate under Chapter 90 on highway construction or bridges under the railroad and over the Neponset River in connection with the construction of the South Norwood Highway if the town intended to apply to P.W.A. for a 45% grant on its 55% of the cost of such a project.
On June 21, voted that the Selectmen as retiring authorities do not accept the provisions of Sections 55-59 Chapter 32 General Laws relative to veterans' pensions and that the Retirement Board be so notified.
In the matter of providing life guards at the so-called Willett Pond bathing beach which had been under consideration, notice was received on June 28, from the Finance Commission that the sum of $385.00 had been made available from reserve funds to defray the expense of life guards and of a rowboat at said beach, provided however, that if a concession was granted to any one at this location payments of town funds cease when the concession starts to operate.
On June 28, approved a recommendation with respect to Chapter 90 highway maintenance funds where the sum of $1,000.00 was appropriated to be used together with like amounts to be contributed by State and County and that application be made for the use of such funds for the repair of Neponset Street between Neponset Street and East Cross Street a distance of approximately 2,100 feet and application to be made to the State and County for this purpose authorized. On August 2, notice re- eeived from the State Department of Public Works dated July 28, of the allotment of $1,000.00 for maintenance of Chapter 90 funds in Norwood on condition that at least $1,000.00 be contributed by the town and a like amount by the County for the improvement in whole or in part of town ways. On August 16, pursuant to notification from the County Com- missioners of Norfolk County under date of August 10, a petition was signed representing that specific repairs be made on Neponset Street be- ginning at a point distant northerly about 300 feet from the Norwood- Canton town line and Neponset River and extending in the direction of Dean Street as the sum of $3,000.00 available would permit, and requesting that specific repairs be ordered on said way.
On August 30, contract in duplicate prepared by the State Department of Public Works was signed whereby the town is to perform certain work at a point on East Cross Street at or near the Canton line for a distance of one-half mile and under which the State, County and town contribute equally to the cost limited to $1,000.00 each.
On October 18, an order was reported from the County Commissioners on the petition of the Selectmen for repairs on Neponset Street granting petition and award from the County Treasurer of the sum of $1,000.00 to
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meet the County's share of the expense of the maintenance of a Chapter 90 road.
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