USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1963 > Part 5
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I submit my report as a member of the Conservation Committee, of which I have been a member for two years.
My conclusion, after study and investigation, is that the Town of Brain- tree should not accept the provisions of Chapter 223, Acts of 1957 (Chapter 40, Section 8c, General Laws) for Municipal Conservation Commission.
My reasons are as follows:
1. Braintree has enough boards and committees which are doing most of the jobs which a conservation commission could do.
2. This commission could ask for $15,000 per year appropriation and the commission would have full control over how it would be spent. I feel the Town would not receive enough benefit to justify such appropriation.
3. The Selectmen, Park, Water, Electric Light, Sewer departments, Town Engineer and Town Meeting members could handle all functions of a commission.
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4. This commission would be used by various departments as a means to try and get appropriations in the department budgets.
5. It would be hard to find seven capable persons who would be willing and have the time to make up such a commission.
Leslie R. Birnie
SO VOTED: That the report of the Committee be accepted and the Com- mittee discharged.
ARTICLE 31. Chapter 223, Acts of 1957, Conservation Commission.
MOVED by Mr. Lake:
That the Town of Braintree accept General Laws, Chapter 40, Section 8c, as most recently amended, establishing a Conservation Commission. Said Commission to consist of five (5) members.
Discussion ensued involving several Town Meeting Members and Citizens of the Town.
Comes now the question on the motion by Mr. Lake.
SO VOTED
ARTICLE 32. General Laws, Chapter 145, Tenement House Act.
Upon motion duly made by Mr. Brooks, it was
SO VOTED: That Article 32 be laid on the table.
ARTICLE 2. Mr. Frazier submitted the report of the Regional Incinerator Planning Committee as follows:
The Committee has had several meetings with members of various incineration committees, mayors, selectmen, etc., throughout the South Shore. We visited incinerators in other towns and cities and the following is the result of our study:
A) The feasibility of a Municipal Regional Incinerator for this area is doubtful. We have been unable to find interest in this type of incineration.
B) Our preliminary investigation of private capital building and operat- ing an incinerator, for regional use, has many economical benefits for our town. We met with officials of the Sandra Construction Company of Brain- tree, and if we have to go to incineration, their plan looks interesting.
C) The need for incineration in our town, grows more each day; and it is the wish of our committee that you accept this as a report of progress, continue the committee so that we may investigate this subject further and report at the next Special or Annual Town Meeting or insert an article in same, if necessary.
Respectfully submitted, THE REGIONAL INCINERATOR PLANNING COMMITTEE Lawrence T. Gingrow Ramon A. Nagle Robert E. Frazier, Chairman
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SO VOTED: That the report of the Committee be accepted as a report of progress.
ARTICLE 33. Reimbursement to Harld F. and Robert R. Tassinary for canceled building permits.
UNANIMOUSLY VOTED: Indefinite postponement.
ARTICLE 34. New Animal Crematory.
SO VOTED: That there be raised and appropriated the sum of $2300. to be expended under the direction of the Board of Health for the replacement of the present animal crematory and repairs to the existing building in which it is housed.
$ 2,300.00
ARTICLE 35. Sale of real estate to Vincent J. Foley.
To authorize the Selectmen to sell to Vincent J. Foley for the sum of $8000. the following described parcel of land and buildings thereon, which was acquired through tax title foreclosure:
A certain parcel of land containing 18,310 square feet, more or less, with the buildings thereon as described in Docket No. 32704, Norfolk Probate records. Being Plts 82, 84 and 85 on Braintree Assessors' Plan No. 3009.
Discussion ensued involving Mr. Withington and Mr. McConnell.
Comes now the question on the motion by Mr. McConnell.
Vote was taken and the Moderator declared that there being more than the required two-thirds vote in the affirmative the motion by Mr. McConnell was
SO VOTED
Upon motion duly made by Mr. Delory, it was
UNANIMOUSLY VOTED: That the Annual Town Meeting be adjourned until 7:45 P.M., Wednesday, March 20, 1963.
TOWN OF BRAINTREE
ADJOURNED ANNUAL TOWN MEETING WEDNESDAY, MARCH 20, 1963
The Adjourned Annual Town Meeting was called to order at 7:55 o'clock in the evening of Wednesday, March 20, 1963, by the Moderator, Mr. John J. Canavan.
There were 1963 Town Meeting Members present.
The Moderator declared a quorum present.
Prayer for Divine Guidance was offered by Rev. Fr. Arthur F. McQuaid, Pastor of St. Francis Assisi R. C. Church.
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The following Tellers were appointed by the Moderator to serve during the course of the evening.
Linda W. Burdett Virginia M. Davis
Ruth W. Shuster
Marjorie L. Crispin
Patricia J. Arnold Marjorie Bates
Janice C. Bloomingdale Barbara M. Keefe
We now continue with consideration of the Articles in the Warrant.
Upon motion duly made by Mr. Brooks, it was
SO VOTED: That Article 32 be taken from the table.
ARTICLE 32. General Laws, Chapter 145, Tenement House Act.
MOVED by Mr. Brooks:
That the Braintree Representatives in the General Count are hereby instructed and requested to file a bill with the Legislature the approval of which would permit the Town to vote on the revocation of its acceptance of Chapter 145 Mass. Gen. Laws known as the Tenement House Act of 1912.
Discussion ensued involving Mr. Brooks, Mr. Magaldi, Mr. Strathdee, Mrs. Davis, Mr. Paul Young, Miss Bates and Mr. Klay.
Comes now the question on the motion by Mr. Brooks.
Vote was taken and the Moderator being in doubt a Teller count was ordered. Vote and count were taken and the Tellers reported 83 votes in the affirmative and 67 votes in the negative. The Moderator then declared the motion by Mr. Brooks was
SO VOTED
ARTICLE 36. Sale of land to Temple B'Nai Shalom.
To authorize the Selectmen to sell to Temple B'Nai Shalom at a price of $4,750.00 the land on Liberty Street, described as follows:
A triangular-shaped parcel of land containing approximately two acres of land, being a portion of Plot No. 2 shown on Assessors' Plan No. 1124, bounded and described as follows:
Starting at a point on Liberty Street eighty (80) feet north of the northerly side of Plot No. 2A as shown on said Assessors' Plan No. 1124, thence running in a straight line northeasterly and parallel to the northerly side of said Plot No. 2A for a distance of approximately three hundred seventy- five (375) feet to a point on the southerly boundary line of Plot No. 1 on said Assessors' Plan No. 1124, thence turning and running northwesterly to Liberty Street along the southerly boundary line of said Plot No. 1 for a distance of approximately five hundred and forty (540) feet, thence turn- ing and running southeasterly along Liberty Street to the point of beginning for a distance of approximately three hundred and eighty (380) feet, or take any other action relative thereto,
such sale, however, to be made upon the condition that, if said land shall not be used for religious purposes within a period of 5 years from date of pur- chase, and such fact shall be certified in writing by the Finance Committee
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to the Selectmen, the Town shall have the option to repurchase at the original sale price at any time within one (1) year after such certification.
MOVED the following amendment by Dr. Frogel:
That the selling price of $4,750.00 be decreased to $1,000.00.
Discussion ensued involving Mr. McConnell, Mr. Strathdee, Mr. Magaldi, Dr. Frogel and Mr. Hunt. ‘
Comes now the question on the amendment by Dr. Frogel.
SO VOTED
Comes now the question on the motion as thus amended.
Vote was taken and the Moderator declared that there being more than the required two-thirds vote in the affirmative, with only three votes in the negative, the motion by Mr. McConnell as thus amended was
SO VOTED
ARTICLE 37. Installation of water main on Granite Street.
SO VOTED: To raise and appropriate the sum of $25,500.00 $ 25,500.00 to be expended under the direction of the Water Commissioners for the installation of a water main on Granite Street from King Hill Road northerly about 2000 feet to a point opposite the property of F. X. Messina.
ARTICLE 38. Transfer of land to Water Department.
MOVED by Mr. Matthews:
To transfer to the control of the Water Board Plots numbered 3, 5, 6, 7, 8 and 9 on Assessors' Plan 1034, and to remove the same from the list of lands available for sale under the provisions of Article 4, Sec. 4 of the By-laws.
Discussion ensued involving Mr. Matthews, Mr. Morton and Mr. Hunt.
Comes now the question on the motion by Mr. Matthews.
UNANIMOUSLY VOTED
MOVED by Mr. Matthews in compliance with Article II, Section 7 of the By-laws:
Reconsideration of the action taken under Article 14, Item 46.
Discussion ensued involving Mr. Matthews, Mr. Stewart and Mr. Mc Connell.
Comes now the question on the motion by Mr. Matthews.
Vote was taken and the Moderator being in doubt a Teller count was ordered. Vote and count were taken and the Tellers reported 105 votes in the affirmative and 49 votes in the negative. The Moderator then declared that there being more than the required two-thirds vote in the affirmative the motion by Mr. Matthews was
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SO VOTED
ARTICLE 14, ITEM 46. Water Department, Maintenance and Operation.
Upon motion duly made by Mr. Matthews, it was
SO VOTED: That there be appropriated for the maintenance, operation and development of the Water Supply System, including the purchase of New Equipment, Laying and Relaying of Water Mains and Necessary Land Tak- ings, the sum of $437,368.22 to be expended as follows:
Salary, Superintendent Salary, Clerks
$ 8,400.00 21,319.25
Salary Adjustment (Men) 368.80
Debt & Interest
43,334.50
Out of State Travel
200.00
Other Expenses, including new Equipment and Wages 363,745.67
$437,368.22
And to meet said appropriation the sum of $58,425.30 shall be transferred from the Water Department Reserve at the end of 1962 and the balance of $378,942.92 shall be taken from the Revenue of the Water Department for the year 1963.
ARTICLE 39. Construction of lateral sewers.
That there be raised and appropriated the sum of $350,000.00 for the construction of additional sewers for sanitary purposes under the direction of the Sewer Commissioners and that to meet said appropriation the sum of $78,767.18 be taken from Sewer Receipts reserved for appropriation and $21,232.82 be raised in the tax levy and that the Treasurer with the approval of the Selectmen be and hereby is authorized to borrow the sum of $250,000.00 and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chapter 44 of the General Laws so that the whole loan shall be paid in not more than 20 years from the date of issue of first bond or note or at such earlier time as the Treasurer and Selectmen may determine.
Discussion ensued involving Mr. Dyer and Mr. Bernard.
Comes now the question on the motion by Mr. McConnell.
Vote was taken and there being votes in the negative the Moderator ordered a Teller count. Vote and count were taken and the Tellers reported 158 votes in the affirmative and 2 votes in the negative. The Moderator then declared that there being more than the required two-thirds vote in the affirmative the motion by Mr. McConnell was
SO VOTED
Upon motion duly made by Mr. Frazier, it was
SO VOTED: That Article 66 be considered at this time.
ARTICLE 66. Construction of sewers on certain streets.
MOVED by Mr. Warren Boynton:
That there be raised and appropriated the sum of $152,800.00 for the construction of additional sewers for sanitary purposes, under the direction
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of the Sewer Commissioners, in the following area:
Completion of Pearl Street for existing homes from Fountain Street east to Liberty Street; and that part of Plain Street from Kendall Avenue that would be serviced by the same drainage areas that would service Kendall Avenue; and the following streets in their entirety:
Kendall Avenue Stevens Avenue Webb Street E. Boscobel Street
Boscobel Street Spring Street Congress Street
Crawford Street Crawford Road
and that to meet said appropriation, the sum of $2,800.00 be raised in the tax levy, and that the Treasurer, with the approval of the Selectmen, be and here- by is authorized to borrow the sum of $150,000.00 and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chap- ter 44 of the General Laws, and that the whole loan shall be paid in not more than twenty years from the date of issue of the first bond or note or at such earlier time as the Treasurer or Selectmen may determine.
Discussion ensued involving Mr. Crimmins and Mr. McConnell.
MOVED the following amendment by Mr. McConnell:
That the sum of $2,800.00 to be raised in the tax levy be increased to the sum of $52,800.00, that the sum of $150,000.00 to be borrowed be reduced to $100,000.00, and the term of borrowing be reduced from twenty years to five years.
Further discussion ensued involving Mr. Strathdee, Mr. Ainsleigh, Mr. Tinson and Mr. Arnold.
Comes now the question on the amendment by Mr. McConnell.
SO VOTED
Comes now the question on the motion by Mr. Boynton as thus amended.
The Moderator ordered a Teller count. Vote and count were taken and the Tellers reported 155 votes in the affirmative and 4 votes in the negative. The Moderator then declared that there being more than the required two- thirds vote in the affirmative the motion by Mr. Boynton as thus amended was
SO VOTED
ARTICLE 2. Mr. John Libertine submitted the report of the Legal Adver- tising Study Committee as follows:
At the direction of a motion passed by the 1962 Annual Town Meeting, the moderator appointed a committee of five to investigate the methods employed by the various town boards in the planning and placing of so-called legal advertising.
Since that time, the committee has held several meetings and assigned specific projects to individual members.
Historically, so-called legal advertising resulted from the need to inform the citizenry of proposed legislation and other actions which may have an
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effect upon a person or his property. This committee believes the emphasis should be placed upon the word "inform". Too often, we believe, the legal advertisement is looked upon as a formal gesture which must be made to satisfy a statute. If this committee serves no other purpose than to point out the fallacy of such reasoning, our work will not have been in vain.
Our primary effort was directed toward the investigation of newspaper advertising since this comprises a majority of all legal advertising done (the balance being postings in public places and personal notification of abutters in zoning variances and similar cases). Newspaper advertising is based upon a number of state and town ordinances which are all governed by a phrase similar to the following "a notice of such hearing shall be published in one or more newspapers published in the town at least blank days before the date of said hearing." Strict interpretation of this statute eliminates the possible use of the largest daily newspaper serving this town. It leaves weekly papers to be considered.
At the time this committee was formed, there were two weekly news- papers being published. Last summer a new weekly made its appearance in the town. Although the publication of this paper has complicated our work somewhat, the committee feels it is a welcome addition since it seems to offer a new means of reaching a greater number of people.
In the past, legal advertising has been placed virtually on an exclusive basis in one paper. The reasons for this are two. 1. Usually there has been only one weekly paper available. 2. Habit has made it easier to do what has been done in the past. This committee suggests that at the moment it would appear the best way to reach the greatest number at the least cost, is to cut down the size of legal advertising in one paper and run it in the two weeklies which have the greatest circulation. At the same time, the situation should be carefully watched since it appears that the relative circulation of the papers involved are in a dynamic state of change. It is the opinion of this committee that if the present trend continues, it would not be many months before the new paper has achieved a dominance of circulation which might make it the logical choice for placement of all legal advertising.
All this is based on the present situation. Six months or six years from now, an entirely new set of factors might enter the picture. We believe that there should be some means of keeping abreast of the current situation at all times. For this reason, it is possible that at a future time, this committee might recommend it be made a permanent part of the structure of our town government and be requested to report at every Annual Town Meeting. For the present time, we are not asking for permanent status, but rather that the committee be continued for one year.
The proper conduct of legal advertising depends on three factors. 1. The existence of a proven medium of communication. In this case, a newspaper of proven significant circulation. 2. Upon the exercise of good judgment by those who must place the advertising. By this we mean reliance upon current facts and figures, rather than old traditions and habits. 3. Last but not least, the citizens of the town must take it upon themselves to keep informed of actions, hearings, etc. which might affect them.
This committee cannot and should not have any influence on any of the three parties. It can only keep a watchful eye and report any developments which should be of interest to this town meeting.
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We close this report then, not as a final statement, but rather as a report of progress and request continuation of this committee for another year.
Respectfully submitted:
William F. Baker Robert V. McCormack Theron M. Roberts William D. Stockbridge
John A. Libertine, Chairman
SO VOTED: That the report of the Committee be accepted as a report of progress.
Upon motion duly made by Mr. William Baker, it was
SO VOTED: Resolved that it is the sense and feeling of this Town Meeting that all Town Boards and Officials, who have legal advertising to place, should give prime consideration to that publication which has the greatest effective circulation within the Town.
Mr. Robert White submitted the report of the Committee to Oversee and Direct the Scholarship Fund to be derived from Commissions paid to the Town's Insurance Committee, as follows:
The following resolution was moved and adopted at the Town Meeting of 1962: "ARTICLE 11, ITEM 41. Insurance Premiums
Be it resolved: That is the sense of this Town Meeting that the Insurance Committee be instructed to place the Town of Braintree's insurance wher- ever possible with a mutual company or companies, in particular with refer- ence to Workmen's Compensation and Fire Coverage.
And may it be the pleasure and the sence of this Town Meeting that the insurance commissions paid to the Town's Insurance Committee that of this amount no less than eight thousand dollars be set aside annually and speci- fically for the purpose of establishing a scholarship fund for the worthy and well qualified students of any taxpayer of the Town of Braintree.
May it be further resolved: That the Moderator appoint a committee of individuals, other than insurance agents, to oversee and direct the scholarship fund."
Pursuant to the adoption of this resolution, the moderator appointed the undersigned committee of three to oversee and direct the scholarship fund.
The committee first met with the Selectmen and the Town Counsel to seek their advice as to what funds might be available for scholarships in the com- ing year.
We were advised by the Selectmen that such information could only be furnished by the Town Insurance Committee.
After contact with the Town Insurance Committee, we were given a copy of a letter of opinion from the Deputy Commissioner of the Division of Insurance of the State Department of Banking and Insurance, dated May 14, 1962, indicating that any such contributions would be illegal. That letter reads as follows:
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Mr. William C. Field Town Insurance Committee Town Hall Braintree, Massachusetts
Dear Mr. Field:
We have your letter of May 11.
The resolution which you state was introduced to your March Town Meeting calling for your Committee to allocate $8000. of its commissions to a scholarship fund, this fund to be available to any child of your Town, would be in direct violation of the rebating law contained in Chapter 175, Section 182, and as such cannot be enforced.
Very truly yours,
JSOL:S Deputy Commissioner
The exact wording of Chapter 175, Section 182, is (in part) as follows: "Rebates, etc. prohibited.
No company, no officer or agent thereof and no insurance broker shall pay or allow, or offer to pay or allow, in connection with the placing or negotiating of any policy of insurance, any valuable consideration or induce- ment not specified in the policy or contract or any special favor or advan- tage in the dividends or other benefits to accrue thereon."
This information leaves us with no other recourse but to request that this be accepted as a final report and that the committee be discharged.
Respectfully submitted, Robert White, Chairman, Lewis Bradford Morton, Jr., Secretary Robert K. Stanley
SO VOTED: That the report of the Committee be accepted as a final report and the Committee be discharged.
Upon request by the Moderator unanimous consent was granted to recon- sider Article 66 at this time.
ARTICLE 66. Construction of sewers on certain streets.
UNANIMOUSLY VOTED: That there be raised and appro- priated the sum of $152,800.00 for the construction of addi- tional sewers for sanitary purposes, under the direction of the Sewer Commissioners, in the following area:
$152,800.00
Completion of Pearl Street for existing homes from Fountain Street east to Liberty Street; and that part of Plain Street from Kendall Avenue that would be serviced by the same drainage areas that would service Kendall Avenue; and the following streets in their entirety including such connecting mains and pumping station necessary to complete the installations:
Kendall Avenue Stevens Avenue
Boscobel Street Spring Street
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Webb Street E. Boscobel Street
Congress Street Crawford Road
and that to meet said appropriation, the sum of $52,800.00 be raised in the tax levy, and that the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of $100,000.00 and to issue bonds or notes of the Town therefor payable in accordance with the provisions of Chapter 44 of the General Laws, and that the whole loan shall be paid in not more than five years from the date of issue of the first bond or note or at such earlier time as the Treasurer or Selectmen may determine.
SO VOTED: That Article 46 be considered at this time.
ARTICLE 46. Addition to Noah Torrey Primary School.
Upon motion duly made by Mr. Barrett, it was
SO VOTED: To raise and appropriate the sum of $2500 to be expended under the direction of a committee of five, to be appointed by the Moderator, of which one member shall be a member of the School Committee, to be known as the Torrey School Building Committee, for the purpose of preparing working plans, employing architects and securing bids for the construction of a kitchen and storage area and equipment for the Noah Torrey Primary School.
$ 2,500.00
ARTICLE 40. Relocation of Pearl Street sewer.
That there be raised and appropriated the sum of $15,000.00 to be expended under the direction of the Sewer Commissioners for the relocation of the existing sewer on Pearl Street at the bridge over the Monatiquot River.
15,000.00
Mr. Dyer spoke on the motion.
Comes now the question on the motion.
UNANIMOUSLY VOTED
ARTICLE 41. Sewer in Farm and Monatiquot River valleys.
MOVED by Mr. Magaldi:
That there be raised and appropriated the sum of $400,000.00 to be expended for the construction of a main trunk sewer for sanitary pruposes in the Farm and Monatiquot River Valleys under the direction of the Board of Sewer Commissioners; and that to meet said appropria- tion the Treasurer, with the approval of the Selectmen, be, and hereby is, authorized to borrow the sum of $400,000.00 and to issue bonds or notes of the Town therefor, payable in accordance with the provisions of Chapter 44 of the General Laws, so that the whole loan shall be repaid in not more than 20 years from the date of issue of the first bond or note, or at such earlier time as the Treasurer and Selectmen may determine; and that the Board of Sewer Commissioners is hereby authorized to apply for, accept and use any Federal aid which may be available for the purpose of this vote.
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