USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1939 > Part 5
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A true copy, Attest:
ERNEST C. WOODSUM, .. Town Clerk.
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- April 3, 1939.
The adjourned Annual and Special Town Meetings were called to order at 8:00 P. M. by the Moderator, William F. Rogers. There were 212 Town Meeting Members present.
Mr. Bartlett moved: That the reading of the minutes of the last session be dispensed with. Carried.
Notice was served of desire to reconsider Article 36 - New Equip- ment.
ARTICLE 62.
Voted: To amend Section 3 of Article 1 of the By-Laws by sub- stituting for said Section 3 the following: "Article 1, Section 3. All business, except the election of officers and the determination of such matters as by law are required to be determined by ballot, shall be considered at an adjournment thereof to the second Monday following at 7:45 P. M." Unanimous vote.
SPECIAL TOWN MEETING
ARTICLE 1.
Mr. Grady moved: That Article 1 of the Warrant for the Special Town Meeting be taken from the table at this time. Carried.
Mr. Bartlett moved: To extend for a period or periods, not ex- ceeding in the aggregate six months beyond the maximum term provided by law for an original revenue loan, any loan issued in anticipation of the revenue of 1938, provided that the loans so extended shall not exceed the total amount of one hundred thousand dollars ($100,000.00). Not carried - 8:30.
ANNUAL TOWN MEETING
Mr. Storm moved: That we reconsider Articles 37, 38 and 39 at this time. Unanimous vote - 8:33.
ARTICLE 37.
Voted : That this be referred to the Highway Department for a W. P. A. Project, to be accepted when completed. Carried.
ARTICLE 38.
Voted: That this be referred to the Highway Department for a W. P. A. Project, to be accepted when completed. Carried.
ARTICLE 39.
Voted: That Wayne Avenue, so-called, from Pond Street to Logan Road, be referred to the Highway Department for a W. P. A. Project. Carried.
Mr. Bartlett moved: That Articles 41 to 54 be taken from the table. Carried - 8:37.
ARTICLE 41.
Voted : That this be referred to the Highway Departhat for a W. P. A. Project, to be accepted when completed. Carried - :38.
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ARTICLE 42.
Voted: That this be referred to the Highway Department for a W. P. A. Project, to be accepted when completed. Carried - 8:39.
ARTICLE 43.
Mr. Bartlett moved: No action under Article 43. Not carried.
The vote of the Town under this article being questioned, the Moderator appointed the following tellers: Messrs. Rice, Ryan, Jenkins, Lakin, Hitchcock, Gilliatt, Allen and Cummings.
There being 71 in the affirmative and 121 in the negative the motion for "No action under Article 43" was lost. - 8:45.
Mr. Storm moved: That this be referred to the Highway Depart- ment for a W. P. A. Project. Carried - 8:46.
ARTICLE 44.
Voted: No action under Article 44. Carried - 8:50.
ARTICLE 45.
Voted: That the Town accept as and for a Town Way, Sunnyside Avenue, so-called, from the end of Common Street, so-called, approx- imately 1000 feet westerly, as laid out by the Selectmen. Carried - 8:52.
ARTICLE 46.
Voted: No action under Article 46. Carried - 8:55.
ARTICLE 47.
Voted: No action under Article 47. Carried - 8:56.
ARTICLE 48.
Voted: No action under Article 48. Carried.
ARTICLE 49.
Voted: That this be referred to the Highway Department for a W. P. A. Project, to be accepted when completed. Carried - 8:57.
ARTICLE 50.
Voted: No action under Article 50. Carried.
ARTICLE 51.
Voted: No action under Article 51. Carried - 9:06.
ARTICLE 52.
Voted: No action under Article 52. Carried - 9:09.
ARTICLE 53.
Voted : That this be referred to the Highway Department for a ยท W. P. A. Project, to be accepted when completed. Carried - 9:10.
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ARTICLE 54.
Voted: That this be referred to the Highway Department for a W. P. A. Project. Carried - 9:11.
ARTICLE 36.
Mr. Canavan moved: That we reconsider the vote of the Town under Article 36 - New Equipment. Carried - 9:13.
Mr. Bartlett moved: That of the appropriation of $7750.00 for New Equipment under Article 36, $6250.00 be raised from the Tax Levy and $1500.00 taken from the trade-in value of the Rock Crusher. Carried.
Mr. Raymond P. Palmer offered the following Resolution :
Whereas the closing of the East Braintree and Braintree High- lands. Railroad Stations has seriously inconvenienced many citizens of Braintree and caused a depreciation in the values of their real estate,
Be It Resolved: That it is the sense of this meeting that the Selectmen be requested to petition the N. Y., N. H. & H. R. R. and the State Department of Public Utilities to provide for stopping trains at these stations during the commuting hours. Unanimous vote - 9:15.
ARTICLE 34.
Mr. Storm moved: Reconsideration of Article 34 - Soldiers' Re- lief. Carried - 9:18.
Moved: That there be appropriated the sum of $1300.00 for Salary of Soldiers' Relief Agent.
Mrs. Hall moved: The previous question - 10:00 P. M.
Voted: That the following sums of money be raised and appropri- ated for Soldiers' Relief the present year :-
For Soldiers' Relief
Salary of Agent
$ 1,300.00
Office Expense
225.00
Automobile Expense
175.00
Aid to Recipients
18,798.00
$20,498.00
For State Aid and Burials
1,250.00
For Military Aid
1,800.00
$23,548.00
Carried - 10:11.
ARTICLE 63.
Mr. George L. Anderson rendered the following report pertaining to the overdrafts to be considered under this article:
TOWN OF BRAINTREE
REPORT OF COMMITTEE APPOINTED TO INVESTIGATE OVERDRAFTS AND EXPENDITURES OF THE TOWN DURING THE YEAR 1937
The report of this committee made to the Annual Town Meeting on March 28, 1938, was transmitted by the Selectmen to the District Attorney of Norfolk County pursuant to Section 62, Chapter 44 of the
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General Laws and in accordance with instructions contained in a vote of the Town at the Annual Town Meeting of 1938.
Thereafter, this committee kept in communication with the Dis- trict Attorney for the purpose of supplying him with information and sources of information relating to expenditures of the various Town departments.
The matters reported to the District Attorney were summarized in a letter to him dated September 12, 1938, copy of which is annexed hereto and forms a part of this report.
The following subjects were referred to in detail in that letter:
1. Schedule of Expenditures by the Welfare Department for Tem- porary Aid 1937.
(a) Use of Welfare funds for construction of private driveways.
(b) Use of Welfare funds for construction of private boat storage yard.
2. Schedule of Expenditures for Soldiers' Relief 1937.
Under this heading the belief was expressed to the District Attorney that the overdraft of this appropriation was in part traceable to illegal expenditures of Town funds.
3. Expenditures for Snow Removal 1937 and January-February 1938.
(a) Use of Town Employees' spreading gravel owned by the Town on private ways.
(b) Excessive. sums charged to Snow Removal during January and February 1938 with report of weather conditions for the same period showing that such expenditures were un- necessary.
Note: The original report of this committee, already in the hands of the District Attorney, dealt extensively with ex- penditures in 1937 charged to Snow Removal and reference to these details was made in our letter of September 12, 1938.
4. Highway Department.
(a) Excessive prices paid for truck and automobile tires.
(b) Use of Highway Department labor and materials for private work for town officials.
(c) Purchase of fuel oil and motor oil in excess of needs of the department.
(d) Loss to the Town due to waste and mismanagement of Church Street construction.
5. Improper use of funds appropriated by the Town for W. P. A. purposes.
(a) Excess pay roll charges for workers not on Relief or W. P. A. - much of this item would have been paid by the Federal Government had the Selectmen used ordinary dili- gence in allocating the work to approved projects.
(b) Expense of rebuilding Ford Car and converting old ambu- lance.
(c) Payment of balance due on purchase of an automobile.
(d) Construction of new offices for Selectmen in Town Hall for a part of which, W. P. A. funds were used.
6. Town Hall Maintenance.
(a) Balance of cost of new offices and shower baths for Select- men paid out of this appropriation.
(b) Purchase of coal in 1937 but bills held over and paid out of 1938 appropriation.
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(c) Construction of wood and glass partition in Town Hall in September 1937, but bill paid out of 1938 appropriation.
7. Irregularity in payment of bill for premium on Employees Com- pensation Insurance.
The audit of the books of the Town by the State Department of Accounts disclosed other irregularities and a copy of this audit report. was placed in the hands of the District Attorney. The citizens are: urged to read carefully this report as it appears in the Annual Town. Report of 1938.
One matter disclosed by the State audit deserves more than passing" attention. It is the appointment of one of the members of the Board of Public Welfare as Administrator of Old Age Assistance, for which he- was paid a salary of $38.45 per week. This is clearly contrary to the. provisions of the State law and the Town By-Laws :-
Section 4A. Chapter 41. General Laws.
"Except as otherwise expressly provided, a town board may, if authorized by vote of the town, appoint any member thereof to another town office or position for the term provided by law, if any, otherwise for a term not exceeding one year. The salary of any such appointee shall be fixed by vote of the town, notwithstanding the provisions of Section one hundred and eight."
Article V. Section 2. Town By-Laws
"No Town officer or board of Town officers having the power or authority to appoint any Town officer or agent shall appoint himself or any member of such board to any salaried office or position, but this shall not prohibit any Town officer from being chairman or clerk of the board of which he may be a member."
The above is the sordid record of inefficiency and disregard of responsibilities on the part of our Town officers, which was presented to the Grand Jury in December 1938.
The Grand Jury disposed of these matters by the following resolu- tion :
December. 15, 1938.
Resolved: "That the Grand Jury of Norfolk County now in session has made a very careful, thorough, and exhaustive investigation of conditions in Braintree, which have been called to our attention. We are satisfied that during 1937 many things occurred which ought not to have taken place - but we are unable to find sufficient evidence which would justify our returning a true bill against anyone."
The taxpayers of Braintree are forcibly reminded of those things which the Grand Jury report states "ought not to have taken place" by having to reach into their pockets to pay more than $50,000.00, which was added to the 1938 tax levy, to care for expenditures of 1937 not appropriated by the Town.
The penalties included in the municipal accounting laws for viola- tions of their provisions have been generally regarded as safeguards for the interests of the citizens and failure to impose these penalties: where violations have occurred may lead to the belief that public officials may disregard their obligations with impunity.
However, it has been demonstrated many times in this Country of ours that when law enforcement agencies do not act, the people can, and in this instance the people of Braintree have acted.
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During 1937 the government of Braintree reached an all time low, but the two Selectmen who were responsible for this deplorable con- dition no longer hold public office. One of them, who was bold enough to seek a return to office in 1939, was told emphatically by the people, speaking through the ballot box, that he was not wanted.
You now have a Board of Selectmen, the members of which are entitled to the respect of all the Town; you have a new Treasurer and a new Town Accountant, both men of integrity and ability. It is probably unnecessary to remind any of the present officials of the Town of the obligations which rest upon them, but it seems proper to remind the people of our Town that what was done in 1937 was done by officials who had been placed in positions of responsibility by the people them- selves, and that when the people want good government they can have it by speaking at the polls, as they have done since that time.
If the work of this committee has accomplished no more than to bring to the people of this Town a realization of their responsibilities toward its government, it can conclude its effort with a feeling of satisfaction.
In the course of its activities the committee incurred the following expenses, paid out of the appropriation for Selectmen's Expenses :
Counsel fees
$100.00
Messenger service
9.10
Accountant fees
232.58
Total
$341.68
Respectfully submitted,
GEORGE L. ANDERSON
WILLIAM J. CONNELL HENRY H. STORM
Braintree, Mass. September 12, 1938
Honorable Edmund R. Dewing, District Attorney
Court House
Dedham, Mass.
Dear Mr. Dewing:
The report of the special committee appointed by the Town of Braintree to investigate overdrafts occurring in 1937 has been placed in your hands by the Selectmen of Braintree acting according to the provisions of Section 62, Chapter 44 of the General Laws and further according to instructions contained in a vote of the Town at the Annual Town Meeting of 1938.
At the same Town meeting the Town also voted the following: "That the report of the special committee appointed to ascertain the facts relative to overdrafts be accepted, and that the committee be continued with authority to investigate any and all of the expenditures of Town funds made during 1937 and up to the time of the Town meeting of 1938."
In accordance with this action of the Town the committee has caused to be made an examination of the Town records pertaining to
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the expenditure of Town funds and particularly of those departments the control of which is under the Board of Selectmen.
For your information and assistance we are pleased to furnish you herewith, some of the information obtained by this examination.
Schedule of expenditures by the Welfare Department for Tem- porary Aid 1937:
Welfare Temporary Aid 1937:
Appropriation
$60,000.00
From Reserve Fund.
11,590.03
Refunds
62.19
$71,652.22
Expenditures :
Groceries and Provisions
$38,368.59
Coal and Wood
6,924.41
Rent
15,168.38
Medical Care
5,023.91
Hospital Care
9,427.22
Cash Grants
15,480.18
Auto Expense
919.52
Gasolene
1,059.03
Supplies
502.47
Clothing
3,483.58
Burials
470.00
Electric Light
1,590.40
Miscellaneous
1,122.27
Overdraft
$99,539.96 $27,887.74
The total expenditures appear to be excessive when it is considered that the W. P. A. gave employment to all able-bodied applicants (ex- cept aliens), that Old Age Assistance was given to all needy over 65 years of age, that Aid to Dependent Children was given to all families who came under that class, that Soldiers' Relief cared for all needy veteran cases, that the Infirmary had its usual quota of inmates, and that a large amount of clothing, food and milk was given away by the Federal Commodity department.
Medical care cost.
$ 278.00 per week
Rents cost
$1,264.00 per month
Fuel cost $ 577.00 per month
Groceries cost
$ 738.00 per week
It was the practice of the Welfare Department to pay cash grants. to certain recipients who worked for this money. This payroll averaged $300.00 per week for the whole year or a crew of 20 men. It would appear that the Welfare Department held the theory that this labor did not necessarily belong to the Town, but could be used on private as- well as public jobs. This idea has been refuted in Court cases several times, and it is the law that labor of this sort belongs solely to the Town. Nevertheless, the labor of these recipients was in a number of instances used for private purposes. It is reported that a number of citizens had private driveways constructed by this Welfare labor, the citizens paying for the material used and the Town donating the truck charges and supervision as well as the labor. It is reported that the Chairman of the Welfare department, Mr. Avery, had work done on his own propery by this labor. It is reported that Mr. Avery in 1937 had a boat-storage yard constructed on the property of J. F. Sheppard & Sons. off Shaw Street, wherein work to an estimated value of $1,200.00 was.
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done by Welfare labor, Highway department employees, Highway ma- chinery and materials. It is reported that boats stored in this yard were hauled out of the river by Welfare labor and trucks, and that Mr. Avery rendered bills and collected money for himself for this hauling and storage.
There is no record of any attempt by the officials of the Town to collect for any such expenditures from the private parties who benefited thereby. It does not appear that there was any appropriation by the Town which authorized the expenditure of Town funds for the improvement of private property and in the opinion of our committee those persons responsible for such expenditures are liable to the penalties provided in Section 62, Chapter 44 of the General Laws.
Complete information relative to these expenditures is in the pos- session of John Q. Wentworth, Superintendent of the Braintree Highway Department and it is respectfully suggested that a member of your staff communicate with Mr. Wentworth for the purpose of placing the facts in proper form for presentation to the Grand Jury.
Schedule of Expenditures for Soldiers' Relief 1937:
Soldiers' Relief 1937:
Appropriation
$14,000.00
Refund
10.00
$14,010.00
Expenses :
Cash to
Recipients ..
$10,697.65
Clothing
548.78
Fuel
1,401.55
Groceries and Provisions
4,044.73
Rent
2,489.16
Electric Light
175.40
Medical Care
348.00
Pharmacist
166.44
Dentists and Optical
154.65
Hospital
422.98
Auto Expense
351.90
Supplies
58.91
Telephone
121.45
Miscellaneous
65.31
Overdraft
$21,046.91 $ 7,036.91
During 1937 this department made a sharp and unexplained in- crease in expense. The agent charged excessive sums to the account for his personal automobile expenses and charged several items of per- sonal expense not properly covered by the account. The expenses for the first part of 1938 continued to be excessive and apparently little effort was made to control them.
It is evident that the overdraft of this appropriation is in part traceable to illegal expenditures and your office is respectfully requested to obtain the necessary evidence for presentation to the Grand Jury.
Snow Removal 1937 and January-February 1938:
Snow Removal 1937:
Appropriation
$ 2,500.00
Expended
5,304.06
Overdraft
$ 2,802.06
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This unnecessary overdraft was treated in detail in the report made to the Town on March 28, 1938. The wasteful expense to snow removal continued during the first two months of 1938 when large num- bers of men were employed and their wages charged to this account at times when there was no snow to be removed. Work was done spreading gravel on private ways and the snow removal account was charged with the expense. There is more than a suspicion that these men were kept on the Town payrolls by one means or another in anticipation of the Town election on March 7, 1938.
From January 1, 1938 to March 3, 1938, the sums charged Snow Removal are as follows:
Labor
$11,393.60
Hauling
1,602.31
Gasolene
5062 gals.
607.50
Batteries, Tires, Tubes
433.83
Sand
317.58
Repairs to Equipment.
187.94
Chains
144.10
Coasting Signs
142.56
Storage
103.39
Oil
30.72
Miscellaneous
56.68
$15,020.21
At no time during this period was there an accumulation of snow beyond the capacity of the motorized equipment to remove, and it is reported that the two large caterpillar tractors equipped for snow re- moval were not required at any time during the winter. It is prob- able that the waste in snow removal alone has raised the 1938 tax rate forty cents. Although the monthly expense for January and February 1938 were greatly in excess of the monthly maximum as prescribed by law, the Selectmen neglected to give the Accountant any authority to pay these excess bills, but as the total bills were passed for payment, the Accountant must be held to have been negligent.
In the report of this committee submitted to the Town of Braintree on March 28, 1938, there was included a record of the snowfall in November and December 1937. For your information and assistance we give you a record of the snowfall during the months of January and February 1938 taken from the records of the Eastern Massachusetts Street Railway Co., Quincy District.
Jan. 2, 1938 Started 12.01 A. M. Ended 9.00 A. M. 5 inches - wet - sleet.
Jan. 12, 1938
Started 10.00 P. M.
Jan. 13, 1938
Stopped 10.00 A. M. 8 inches.
Jan. 16, 1938 Started 10.00 P. M.
Jan. 17, 1938
Stopped 7.00 P. M. 8 inches.
Jan. 21, 1938 2 inches.
Jan. 22, 1938
Started 10.00 P. M.
Jan. 23, 1938
Stopped 7.00 A. M. 2 inches - very slippery.
Jan. 31, 1938
Light rain A. M. Light snow P. M. Trace.
Feb. 17, 1938 Light snow. Trace.
Feb. 20, 1938 Started 2.00 P. M. Stopped 3.00 P. M. 5 inches - high winds - drifting.
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Feb. 22, 1938
At night. One-half inch.
Feb. 25, 1938 A. M. One-half inch; spitting to 2 inches; drifting P. M.
Feb. 27, 1938 Light rain and light snow.
Feb. 28, 1938 Started noon. Ended 6.00 A. M. 2 inches snow, drifts, high winds.
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We call your attention to the excessive amounts expended and charged to Snow Removal during these two months. The Selectmen had no authority whatsoever to expend during these two months any sums in excess of the amounts provided by law and in the opinion of our com- mittee the expenditure of such excess amounts was contrary to the provisions of law and rendered those responsible liable to the penalties provided in Section 62, Chapter 44 of the General Laws.
In Continental Construction Co. v. City of Lawrence, decided June 29, 1937, the Court said :-
"Section 31 prohibits in general terms the incurring of liability in excess of the existing appropriation. Then follows a carefully limited exception expressly conditioned, first, upon the existence of extreme emergency involving the health or safety of persons or property; and second, upon a vote of two-thirds of the members of the City Council. These are limitations upon the lawful exercise of the powers of the City Council. The conditions which will permit the lawful incurring of ex- traordinary indebtedness must exist in truth and in fact. We can dis- cover nothing to support a construction which would permit a City Council to shake off the limitations imposed upon it by merely declaring the existence of a state of emergency and then authorizing the incurring liabilities to an unlimited amount for an unascertained period of time, nor do we think that such a declaration has any presumption or eviden- tial force in establishing the existence in fact of an emergency."
It is believed that this language of the Court applies with equal force to the conditions which have been found to have existed in Braintree.
Highway Department:
During the period under investigation, the Highway Department was dominated and controlled by the Board of Selectmen to the ex- clusion of the Superintendent. Bills for materials show higher prices than should have been paid by the Town. For instance, during this period the Highway Department was charged as follows :-
Price paid 1937 Price quoted Mar. 1938
Goodyear 40 x 8 tire
$ 92.45
$76.79
Goodyear 9.75-20 12 ply tire.
103.05
82.20
Penn. Univ. 36 x 6 tire
46.07
36.00
Penn. Univ. 650-20 tire.
24.22
17.57
The excess price on tires was applied to Town Bills shortly after March 1937 and continued for the year between the Annual Town Meet- ings. The difference in price consists of the Municipal discount to which any Town is entitled.
It is reported that one dealer said that he was told to charge the higher prices by the Selectman who placed the orders. This high scale of prices applied to all tire purchases under the control of the Select- men. It is estimated that the excess cost for Welfare, Highway and other tires was upwards of $500.00.
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It is reported that the labor and materials of the Highway depart- ment have been available for private work for officials, for construc- tion of boat-yard rafts, engine repairs and such illegal expense. Pur- chases of fuel oil and motor oil appear to be in excess of the needs of the department.
Church Street Construction :
Appropriation
$18,500.00
1
Expended 11,602.71
Balance
$ 6,897.29
This work was started in September 1937 and closed in December 1937 after the expenditure of 63% of the money with very little actual work accomplished. This job appears to have been the dumping ground for any Highway Department expense for which the department had no funds.
Detail of Expense, Church Street:
Labor
$ 4,649.26
Hauling
492.52
Repairs to Machinery
668.31
Automobile Tires
702.57
Repairs to Trucks
494.74
Gasolene
783.97
Oil
60.03
Tools
219.45
Fuel Oil
54.45
Rent of Truck
180.00
Asphalt
42.42
Drain Pipe
3,045.02
Miscellaneous
210.97
$11,603.71
This work is being done in conjunction with the Commonwealth under the provisions of Chapter 90 G. L. The State allows the Town a grant of one-half the value of the work performed under a contract between the Town and the State Department of Public Works. We are informed that the Department of Public Works has reported to the Select- men that the actual value of the work thus far on Church Street is $6,611.20 of which the State will pay half or $3,305.60. Thus the waste on the work amounts to $4,992.51, none of which can be recovered. It is reported that this work was under the direction of Selectman J. H. Cahill. A more glaring instance of waste and mismanagement has never confronted the Town. Additional appropriations will be necessary to complete this construction.
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