USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1927 > Part 7
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Mr. Charles W. Burgess was appointed a teller by the modera- tor in place of E. Layton Saunders who was absent, and he was sworn as such.
The tellers reported 75 voting in the affirmative and none in. the negative, an unanimous vote.
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On motion of Edward'C. Barker it was voted: To take up ar- ticle 24 of the warrant.
Mr. Barker moved as an amendment to Art. 24 that the fol- lowing words be added to said vote: And that the sum of $8,000 be raised and appropriated for the purpose of carrying out the purpose of this vote.
The tellers reported 83 voting in the affirmative and none in the negative, an unanimous vote.
Art. 70. Voted: That no action be taken under this article.
Art. 71. Voted: That no action be taken under this article.
Art. 72. Voted: To raise and appropriate the sum of $1.300 for draining Swan Avenue.
Art. 73. Voted: That the subject matter of this article be referred to the Street Department, the cost if any to be taken from the appropriation for that department.
Art. 74. Voted unanimously: That the Selectmen be and are hereby authorized to acquire by gift, purchase or right of eminent domain the land and easements referred to in the decree of the County Commissioners for the rebuilding of Idlewell Bridge; and that the sum of $17,000 be raised and appropriated for such ac- quisition and for the rebuilding of said bridge or the building of a new bridge in place thereof.
The tellers reported 90 voting in the affirmative and none in the negative.
Art. 75. Voted: That no action be taken under this article.
Art. 76. Motion offered by the Appropriation Committee: That the Board of Selectmen be instructed to petition the County Commissioners to discontinue Broad Street (between Jackson Square" and insert the words "the entire length of Broad Street to become effective upon said portion of Broad Street being duly laid out as a town way and an entry made thereon for the purpose of constructing the same.
Mr. Fred Humphrey moved as an amendment: To strike out the words "Broad Street between Jackson Square and Central Square" and insert the words "the entire length of Broad Street which was laid out" as a County way. The amendment was so voted.
The motion as amended was so voted, reading as follows:
That the Board of Selectmen be instructed to petition the County Commissioners to discontinue the entire length of Broad Street which was laid out as a County Way, such discontinuance to become effective upon said portion of Broad Street duly laid as a town way and an entry made thereon for the purpose of constructing the same.
Art. 77. Voted: That no action be taken under this article.
Art. 78. Voted: To raise and appropriate the sum of $6,452.20 to pay awards of damages on account of the widening of Bridge Street.
Art., 79. Voted unanimously: To accept the reports of the Selectmen relocating each of the following streets at or near the junction of Bridge Street:
South Side
Monatiquot Street Evans Street Saunders Street Rosemont Street
North Side
Birchbrow Avenue Bartlett Street Bayview Street Moulton Avenue
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Sherwood Road Rosalind Road Johnson Road Standish Street Sea Street Athens Street North Street Neck Street
Pratt Avenue.
Newton Street. Sea Street North Street.
Lovell Street Neck Street .
also Birchbrow Avenue at the junction of Babcock Avenue; also- Bayview Street at the junction of Babcock Avenue; and that the Selectmen be authorized to acquire by gift, purchase or right of eminent domin an easement for all purposes of a public street .. and highway in and over each of said streets as relocated.
The tellers reported 86 voting in the affirmative and none in the negative.
Art. 80. Voted: To raise and appropriate the sum of $4,450. for the acquisitions of easements and working of the streets as relocated under Article 79.
Art. 81. Voted: To raise and appropriate the sum of $850 for Memorial Day, said sum to be expended by a committee of" three from the Grand Army, two from the American Legion and one from the Veteran's of Foreign Wars, to be appointed by those bodies respectively, said sum to be used for the Memorial Day expenses of the Grand Army of the Republic. American Le- gion and Veteran's of Foreign Wars; and for the decorating the marked graves of all soldiers and sailors participating in any wars ...
Art. 82. Voted: To raise and appropriate the sum of $500- for the Alewive Fishery and that the Selectmen be a committee of the Town to conduct the Fishery.
Art. 83. Voted: That the Town authorize the Selectmen to- commence suit for the recovery of any money or property due it, or to prosecute a bill in equity, or other proceedings in court,. when in their judgment it is expedient or in the interests of the Town so to do.
Art. 84. Voted: That the Selectmen be and hereby are au -- thorized to sell any real estate of which the Town is possessed. and for which it has no further use, the sale to be at public auction.
Art. 85. This article was taken up under article 16.
Art. 86. Voted: To raise and appropriate the sum of $100 for- the purposes of the Planning Board. Art. 87. Voted: To raise and appropriate the sum of $1,000. for street signs and guide boards.
Art. 88. Voted: To raise and appropriate the sum of $912.50 for the payment of pensions.
Art. 89. Voted: To raise and appropriate the sum of $1,200. $900 of this shall be the salary of the Building Inspector and $300 for his expenses. This appropriation is made conditional upon the Town accepting the proposed by-laws requiring a Build- ing Inspector.
Art. 90. Voted: To raise and appropriate the sum of $500 for bleachers at Overlook Park, same to be expended under the direction of the School Committee.
Art. 91. Voted: To raise and appropriate the sum of $19,500 for the purpose of insuring Town property.
Art. 92. Voted: To raise and appropriate the sum of $300, to complete the renovating of the plot in Jackson Square.
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Art. 93. Voted: That the Town accept the report of the Selectmen and recommendations therein contained locating the Laban Pratt Hospital on the Town Farm Lot.
Art. 94. Voted: That the Selectmen be and hereby are au- thorized to sell at public or private sale on such terms and at such price as they may deem for the best interests of the Town, all real estate of which the Town has possession or title for non- payment of taxes, and that any and all of such real estate here- tofore made be aproved, confirmed and ratified.
Art. 95. Voted: To raise and appropriate the sum of $600 to celebrate the Fourth of July, and that the moderator appoint a committee to carry out the purpose of this vote, said committee to include representatives of the Board of Selectmen, Weymouth Historical Society, Massachusetts Society Sons of American Revo- lution, and Susanah Tufts Daughters of American Revolution.
The moderator on March 29, 1927 appointed Fred E. Waite, representing the Board of Selectmen, Howard H. Joy, represent- ing the Weymouth Historical Society, Mrs. Herman H. Wieting, representing the Daughters of American Revolution, William J. Holbrook, representing the Sons of American Revolution, Allan C. Emery, Mrs. Annie J. Libby, Alfred C. Sheehy, Murray G. Parker and Frank M. Chubbuck as the committee on Article 95.
Art. 96. Motion offered by the Appropriation Committee: That a committee of eleven be chosen by the moderator to further consider facilities for offices for the Town Departments, said committee to include the Chairman of the Selectmen, Town Clerk, Chairman of the Appropriation Committee, Chairman of the Plan- ning Board, Town Engineer and six other persons; and that the sum of $500 be raised and appropriated for the use of the com- mittee in carrying out the purposes of this vote.
Mr. Michael W. Coyle moved as an amendment: That this committee be instructed to bring in their report as to the ap- proximate cost of a Memorial Town Hall and the same to be located on the Town Farm.
This amendment was put before the meeting and was de- clared lost.
The motion as offered by the Appropriation Committee was. put before the meeting and was declared a vote.
The moderator on March 29, 1927 appointed Fred E. Waite, Chairman of the Board of Selectmen, Clayton B. Merchant, Town Clerk, Arthur I. Negus, Chairman of the Appropriation Com- mittee, Frank A. Pray, Chairman of the Planning Board, Russell H. Whiting, Town Engineer, Mrs. Isabelle Easton,, Edward W. Hunt, Stanley Heald, Stanley T. Torrey, Howard M. Dowd, and Col. Frederic Gilbert Bauer as Chairman of the committee on Article 96.
Art. 97 Voted: That the Town raise and appropriate the sum of $600 to provide suitable quarters for Wessagussett Post, Veterans of Foreign Wars of the United States, this is in com- pliance with Chapter 40, General Laws, Section 9.
Art. 98. Voted: That the Board of Selectmen be and hereby are authorized to grant Annie E. Richards, owner of lot 5 as shown on a sub-division plan numbered 5396-J on file with trans- fer Certificate 9371 in Book 47, Page 171, in the office of the Assist- ant Recorder of the Land Court for the Registry District of Nor- folk County under Transfer Certificate No. 9242; to Clement W. Bates, owner of lot 6 as shown on said plan under Transfer Certi-
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ficate of title 8999; to Edgar C. Linn, owner of lots 7. 8, 9, 10, 11, 12, 13 under Transfer Certificate of title 9371, and their respective successors in title, as appurtenant to each of said lots, an easement to use for all purposes of a private way (subject to such regula- tions not inconsistent with the easements so granted by the Board of Park Commissioners may make) that portion of Weston Park lying between each of said lots and Front St. and shown as a 40 foot street on the sub-division plan hereinbefore referred to,, and to execute on behalf of the Town all instruments necessary or convenient to carry out this vote.
Art. 99. Voted: That the Commissioners of the James Hum- phrey Schoolhouse Sinking Fund be and herby are authorized and directed to transfer to the Treasurer of the Town of Wey- mouth all funds held by them, said sum to be applied towards the retirement of bonds or notes maturing in 1927 and that thereupon the Commissioners be discharged.
Art. 100. The Appropriation Committee recommended: That no action be taken under this article.
Mr. Peter E. Sullivan offered the following motion:
"Whereas the Town of Weymouth voted to authorize the Board of Selectmen to acquire by purchase or by right of eminent domain a strip of land for sidewalk purposes, running from Vine Street to Kensington Road on the easterly side of Washington Street and voted to raise and appropriate for this purpose the sum of $200 and whereas a sufficient sum was not voted to enable the Board of Selectmen to make a suitable, adequate and just award to George Dowd for the taking of 316 square feet of land in front of his place of business on Washington Street. There- fore be it moved: That the Town vote to raise ahd appropriate the sum of $1500 to enable the Board of Selectmen to make a suitable, adequate and just award to George Dowd for the taking of 316 square feet of his land on Washington Street by right of eminent domain."
The question on Mr. Peter E. Sullivan's motion was put be- fore the meeting and was declared Not a Vote.
The question of the Appropriation Committee's motion was put before the meeting and it was So Voted.
Art. 101 Voted: To raise nd appropriate the sum of 3,043.99, this being the amount expended in excess of the 1926 appropria- tion for the removal of snow, under the provisions of Chapter 44, Section 31 of the General Laws.
Art. 102. Voted: That the responsibility for and care of triangular and other small grass plots, bounded by the public highways of the Town, with the exception of "Bayley Green," be placed in the care of the Superintendent of Streets.
Art. 103. Voted: To raise and appropriate the sum of $1,000 for the care of triangular and other small grass plots bounded by the public highways of the Town, said amount to be expended under the direction of the Superintendent of Streets.
Art. 104. Voted: To raise and appropriate the sum of 1,000. for the copying, indexing, preserving and binding of the Town Records.
Articles 106-107 was taken up under Article 1.
Voted: That Articles 108-109 be taken up under Article 105. Art. 105-108-109 .. Voted: To tentatively amend as follows:
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Article 1 of the present By-Laws
The numbering of the present Section 1 is changed to Section 101.
The numbering of the present Section 2 is changed to Section 102.
The present Section 3 is stricken out and the following in- serted in place thereof.
Order of Articles in Warrant -
Section 103. In the warrant for the annual Town meeting all articles covering the annual department appropriations for the ordinary current expenses of the Town shall precede all other articles, and until the articles so given precedence have been disposed of, no other article shall be taken up except by a three fourths vote of the meeting.
The present Section 4 is stricken out.
The present Section 5 is stricken out and the following in- serted in place thereof:
Section 104. The rules of the Massachusetts House of Repre- sentatives shall to the extent to which they are applicable and except as otherwise provided by law or in these by-laws, con- stitute the rules and order for the general government of Town Meetings and the regulation of business therein. In any case not covered by law, by said rules, or by these by-laws the general principles of parliamentary law as contained in "Crocker's Princi- ples of Procedure in Deliberative Bodies" shall govern.
The numbering of the present Section 6 is changed to Section 105.
The present sections 7 and 8 are stricken out and the following inserted in place thereof.
Rules of Debate
Section 106. Upon any of the motions named in Section 105 except a motion to amend or substitute, ten minutes shall be allowed for debate by Town Meeting Members only, and no mem- ber shall speak thereon more than three minutes.
Section 107. On any other questions no person shall speak for more than ten minutes unless his time shall be enlarged byl vote of the meeting.
The numbering of the present Section 9 is changed to Section 108.
The numbering of the present Section 10 is changed to Section 109.
The present Section 11 is stricken out and the following in- serted in place thereof:
Order of Amendments
Section 110. On proposed amendments involving sums of money or periods of time the larger sum and longest time shall be put to the question first, and an affirmative vote thereon shall be a negative vote on any smaller sum or shorter time.
The numbering of the present Section 12 is changed to Sec- tion 111.
ARTICLE II
The present article is stricken out and the following in- serted in place thereof:
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Town Reports
Section 201. The head of each Town Department, and every Committee or Board appointed or elected shall on or before the 15th of January report in writing to the Selectmen on their doings during the preceding calendar year and their recommenda- tions for action by the Town. These reports shall be in form as the Selectmen shall prescribe and shall be permanently bound or otherwise preserved for reference under the direction of the Town Clerk. Unless some Town Meeting Member objects at the beginning of the annual town meeting such reports shall be con- sidered as accepted without formal vote.
Section 202. The Selectmen shall cause to be printed and distributed before the annual Town meeting the reports of the various Town Officers, Boards and Committees, and shall cause a copy of said report to be left at each occupied hotel, dwelling house and tenement seven days at least before the date of holding said meeting.
The present Article 111 is strirken out and the following in- serted in place thereof:
BOARDS AND COMMITTEES Appropriation Committee
Section 301. There shall be an Appropriation Committee, consisting of fifteen members appointed by the monerator. Five members of the committee shall be appointed by the moderator each year within ten days after the annual Town election to serve for three years and until their successors have been ap- pointed. Neither the Town Clerk, Town Treasurer, Chief of Po- lice, Chief of the Fire Department Superintendent of the Water Works, or any member of the Board of Selectmen, Assessors, or School Committee shall be eligible to serve on 'said Committee .. No member of said Committee shall be eligible to serve more than two terms in succession.
Duties of the Committee
Section 302. The Appropriation Committee shall consider the various articles relating to appropriations and all other articles which commit the Town to the expenditure of money in the war- rants for all Town Meetings held during the period for which they have been appointed, including the various articles in the warrant for the annual Town Meeting next after their appoint- ment; and they shall report in print before all such Town Meet- ings their estimates and recommendations for the action of the Town. In their report before each annual Town meeting they shall include a statement of the aggregate amount recommended by them to be appropriated for each of the different Town De- partments and their estimate of the tax rate for the ensuing year, based upon the appropriations so recommended, their esti- mate of the Town's income from other sources than taxes during the year and the valuation of the Town during the year last preceding.
Planning Board
The present Article 111, Section 4 as amended is retained, num- bered as above.
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Section 304. Except as otherwise provided by law, these by- laws, or vote of the Town, the moderator shall appoint all Town Committees in open Town Meetings or by writing over his signa- ture filed with the Town Clerk.
Unless the moderator shall designate a chairman, each com- mittee shall elect its own chairman; in the case of permanent committees whose membership is renewed in part each year, the Town Clerk shall, on his own initiative or at the request of a majority of the members of the committee call said committee together and designate some member of the committee to preside until a chairman is chosen. In the case of all other committees the member first named shall call the first meeting of the com- mittee or direct the Town Clerk to do so, and shall preside until a chairman is chosen.
Board of Selectmen
Section 305. The Board of Selectmen shall exercise a general supervision over all matters affecting the interests or welfare of the Town. In addition to such powers and duties as are con- ferred upon them by law, these by-laws custom or vote of the Town, they shall have power to do any acts on behalf of the Town which are not by law, these by-laws or some vote of the Town, delegated to some other board, committee or official or reserved to the voters of the Town. They shall appoint all Town officers whose election by the voters or appointment by some other Town board or official is not required by law or these by-laws. They shall act as Overseers of the Poor and Board of Survey. Except as otherwise provided by statute and subject to the pro- visions of any statute in that behalf, they shall determine what Town Officers and employees shall give bonds, shall fix the form and amount of such bonds and determine the sufficiency or the surety or surities thereon. They shall have charge of all Town property which by law, custom or some vote of the Town is not placed in charge of some other board or officer and shall make regulations for the use of the same. They shall have authority to sell any property, real or personal, belonging to the Town for which the Town has no further use, and all property of which the Town is possession or title for nonpayment of taxes or breach of any deed, mortgage or other conveyance. All such sales shall be by public auction, unless the fair value of the property does not in the judgment of the Selectmen exceed $100. in which case they may sell the said property at public auction or private sale as they may seem for the best interests of the Town.
They shall control the Town Office and shall regulate the use of the same by other Town Boards or Officers; except as other- wise provided by law or these by-laws, the chairman of the Board or some member of the Board appointed by him shall be ex-officio and advisory member of all Town Committees, but shall have no vote on any such Committees unless an actual member thereof. Unless otherwise directed by law or some vote of the Town they or a majority of them shall execute all conveyances in behalf of the Town.
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ARTICLE IV
This title is changed to read:
Financial and Legal Matters
The numbering of the present Section 1 is changed to Section 401 The numbering of the present Section 2 is changed to Section 402- The present Section 3 is stricken out and the following inserted" in place thereof:
Public Depositories
Section 403. The Selectmen shall designate one or more reliable banking institutions as depositories of the funds and se- curities of the Town and may from time to time change such des- ignation. Whenever they shall designate a depository or revoke or change a designation already made they shall enter the fact on their records.
The present Section 4 is stricken out and the following two. new sections added thereto:
Town Counsel
Section 404. The Selectmen shall annually appoint the Town Counsel, who shall receive for his services such compensation as- the Town may determine. He shall draw or supervise the draw- ing of or approve all contraits, deeds, bonds and other legal in- struments relating to the Town; shall prosecute all suits to which the Town is a party; shall under the direction of the Selectmen represent the Town before any committee of the legislature, Ad- ministrative Board, or other public official in any matter wherein the Town has an interest; shall furnish legal advice to Town Of- finers, boards or committees pertaining to the discharge of their official duties. The Selectmen may instruct him to prosecute any cases of violation of Town By-Laws or to defend any proceeding brought against any officer or employee of the Town for acts done- in the discharge of his official duties. In the discharge of his legal duties he may employ assistants, but except as otherwise expressly authorized by the Board of Selectmen or vote of the. Town, he shall be responsible for the acts of any assistants em- ployed by him and such assistants shall be paid by him.
The salary of the Town Counsel shall cover all work per- formed by him except actual appearance in court in the conduct of litigation or before administrative boards or other tribunals, but he shall appear before committees of the Legislature without. additional compensation.
Claims By or Against the Town
Section 405. The Selectmen when in their judgment it is for the interests of the Town so to do, may bring on behalf of the Town any proceedings before any court, legislative committee, ad- ministrative boards, or other public official and may answer and defend any such proceedings brought against the Town and may appear on behalf of the Town in any such proceedings instituted by others in which the Town has an interest. They may prosecute- such suits to final judgment or may compromise any claims by and against the Town on such terms as shall seem to them for the
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best interests of the Town, whether or not such claims are in liti- gation, provided that they shall not, without vote of the Town, compromise any tort claim against the Town, not in litigation, for a greater sum than $500 or any claim for the taking of private property by eminent domain for a greater sum than one and one- half times the average assessed value during the three preceding years, or if said property has not been assessed, for a greater sum than its fair market value.
ARTICLE V
The present Section 1 is stricken out and the following is in- serted in place therecf:
Section 501. No person or corporation shall make any ex- cavation within the limits of any public way of the Town except upon and in accordance with the conditions of a permit to be is- sued by the Board of Selectmen, such permit to be issued only upon written application stating the location and extent of the proposed excavation and a fee of twenty-five cents shall be charged for each permit issued. It shall be a condition of each persit thus issued that the work of excavation shall be done in a manner approved by the Superintendent of Streets and that the surface of the highway shall be restored to its original condition to the satisfaction of the Superintendent of Streets and at the expense of the person or corporation to whom the permit is issued; also that the licensees shall indemnify the Town against the claims of all persons who may be injured in their person or property by rea- son of such excavation. The Board of Selectmen shall fix the time within which such permit shall remain in force, and may prescribe what precautions shall be taken to guard the public against injury. Violation of any of the conditions of said permit shall render the same void. Except in the case of a leak or break in some underground installation or for the purpose of setting telegraph or other poles, no such permit shall be granted to open any streets or way when the ground freezes in the Autumn and the time when the frost is out of the ground in the Spring, which times for the purposes of this section be determined by the Board of Selectmen.
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