USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1932 > Part 4
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If an opportunity arises and it is in order might this letter be read to the town meeting.
Yours very truly, FREDERICK MANLEY IVES, General Counsel, The Edison Electric Illuminating Company of Boston.
Article 11. Voted : That this matter be referred back to the Committee already appointed to have charge of it.
Article 12. Voted : That the action of the Board of Selectmen in taking agreements from certain abutters on Broad Street to waive damages in case of a widening is hereby ratified and confirmed and the Board of Selectmen are hereby authorized to execute similar agreements in all future cases where public improvements may be under consideration.
Article 13. The Appropriation Committee had no recommenda- tion on this article. Mr. John Griffin moved by striking out the whole of Section 602 of the By-Laws and inserting in place thereof the following: "No person shall distribute circulars, papers or ad- vertisements upon the public highways without first receiving a per- mit from the Board of Selectmen".
This question was put before the meeting and was declared not a vote. More than seven members having doubted the vote a
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recount was ordered. The tellers reported 68 voting in the affirma- tive and 64 voting in the negative, the motion was so voted.
Article 14. Voted : That the subject matter of this article be referred to the Appropriation Committee for furher study and report at the next Town Meeting.
Article 15. Voted : That no action be taken under this article.
Article 16. Mr. John W Heffernan, Sec'y of the Appropriation Committee moved no action be taken under this article.
Mr. Melville F Cate moved : That a committee of five be ap- pointed by the Moderator to look into the subject matter of this article (to prepare and petition for the enactment of an amendment to Chapter 61 of the Acts of 1921, which will debar all or any per- persons receiving a salary from the Town from being Town Meet- ing Members) and report at the next town meeting. This question was put before the meeting and was declared not a vote.
Mr. Francis A. Gunn raised the point of order that persons re- ceiving a salary were voting on the motion.
The Moderator ruled the point of order not well taken and cited Section 3 of Chapter 61 of the Acts of 1921 which designates the following Town Meeting Members at large: any member of the Gen- eral Court of the Commonwealth, from this town, the Moderator, the Town Clerk, the & lectmen, the Town Treasurer, the Town Counsel, the Tax Collector, the Town Accountant, Chairman of Assessors, Chairman of School Committee, Chairman of Tufts Library, Chair- man of Board of Health, Chairman of the Park Commissioners, the Tree Warden, Chairman of the Planning Board, Chairmn of the Water Commissioners. Chairman of the Overseers of the Poor, Mem- bers of the Appropriation Committee and Chairman of any Board of Town Officers hereinafter constituted by law or by the acts of the town.
Mr. Gunn appealed from the decision of the chair, and requested a vote be taken. The moderator then put the question "Shall the de- cision of the chair stand as the decision of the meeting".
The tellers reported 72 voting in the affirmative and 38 voting in the negative. The motion was declared voted. Mr. Melville F. Cate then moved: That a committee of three be appointed by the Modera- tor to study this question and report at the next annual own meeting. So Voted.
Article 17. Voted: No action be taken on this article.
Article 18. Voted : No action be taken on this article.
Article 19. Mr. John W. Heffernan, Secy. of the Appropriation Committee moved : To appropriate from the surplus revenue of the Water Department $5,000.00 for the construction of water mains of six inches or more in diameter.
Mr. George E. Cunniff moved: That no action be taken on this article. This question was put before the meeting and was declared not a vote.
The motion of the Appropriation Committee was then put before the meeting and it was so voted.
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Article 20. Voted: To appropriate from the General Fund of the Water Department $15,000.00 for carrying on work for private parties, payment for such work to revert to the General Fund of the Water Department.
Article 21. John W. Heffernan, Sec'y of the Appropriation Com- mittee moved: To re-affim the action taken under Article 35 of the warrant for the Annual Town Meeting in 1928, Article 12 of the warrant for the Annual Town Meeting in 1929, Article 18 of the warrant for the Annual Town Meeting of 1930 and Article 12 of the warrant for the Annual Town Meeting in 1931 authorizing the Board of Water Commissioners to acquire by gift or purchase or take by right of eminent domain for the purpose of protecting the purity of the Town's water supply certain land lying within the water shed of Great Pond and not already owned by the Town, and that the sum of $16,500.00 be appropriated from the surplus of the Water Department for the' acquisition of said land including the expense of any legal proceedings and the payment of any recording fees for instruments or taking or conveyances.
Mr. George E. Cunniff moved as an amendment: That no action be taken under this article. The question on the amendment was put before the meeting and it was declared not a vote.
The question on the motion of the Appropriation Committee was then put before the meeting and the tellers reported 127 voted in the affimative and 5 in the negative, and it was declared voted.
Article 22. Mr. John W. Heffernan moved: That the Board of Park Commissioners be instructed to ask for an order of con- demnation in the suit of Inhabitants of Weymouth v. 111.4 Acres of land now pending in the Superior Court for Norfolk County and numbered 23249 on the current Civil docket of said Court, and that for the purpose of acquiring the land in accordance with the valuation as fixed in said suit the sum of $25,985.00 is hereby appropriated, of which sum $11,985.00 shall be raised in the levy for the current year and to meet the balance of the appropriation the Treasurer, with the aproval of the Selectmen, is authorized to borrow a sum not to exceed $14,000.00 and to issue bonds or notes therefor, said bonds or notes to be payable in accordance with the provisions of Chapter 44 of the General Lews, so that the entire amount shall be paid in not more than three years from the date of issue. After an hour's discussion on this subject pro and con Mr. Benjamin F. Smith moved: That the subject matter of the article be indefinitely postponed.
The question to indefinite postponement of the motion was put before the meeting and it was so voted.
Mr. George E. Cunniff moved that the thanks of the Town be extended to the Golf Committee and said Committee be discharged from further consideration. ,
Mr. Charles H. Putnam moved: To reconsider the vote just taken.
The question was then put before the meeting to reconsider the motion and it was declared not a vote.
Article 23. Mr. John W. Heffernan, Secretary of the Appropriation Committee moved: That the Town accept the several reports of the Board of Selectmen laying out as Town ways the following private ways and parts of ways, to wit:
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Trafalgar Court Blanchard Road
Roosevelt Circle
Harding Avenue from Roosevelt Road to the end of the present accepted portion of Harding Avenue
Glendale Road, which road shall hereafter be known as
Westminster Road from Washington Street to a point at 165 Westminster Road
Randall Avenue, from the end of the present accepted portion to Whitman Street
Hibiscus Avenue from Pleasantview Avenue westerly to the easterly sideline of Idlewell Boulevard and Pleasantview Avenue easterly to the easterly sideline of IdleweN Boulevard.
A proposed street to be known as Litchfield Road, connecting Lovell and North Streets between property now or late of Nellie G. Litch- field on the south and property now or late of Joseph Mckinnon and Mary A. Pitts on the north, and that the Board of Selectmen be authorized to acquire by gift or purchase or take by right of eminent domain an easement for all purposes of a public street and highway in and over each of said streets as so laid out and accepted, and that the sum of $1.00 be raised and appropriated for the acquisition of the foregoing easements, provided, however, that no money shall be paid out or expended for the work of any of said streets until the Town Counsel files with the Town Accountant a certificate that a release which he regards as sufficient covering said streets has been delivered to him for record.
Mr. William A. Connell moved as an amendment: That the layout of Fore River Avenue be added to this list and the sum of $1.00 be raised and appropriated for easement. This amendment was put before the meeting and it was so voted. The tellers reported 71' , in the affirmative and 21 in the negative.
The motion of the Appropriation Committee as amended was then put before the meeting and the tellers reported 100 voting in the af- firmative and 1 in the negative. The motion as amended was so voted.
Artcle 24. Mr. John W. Heffernan, Secretary of the Appropri- ation Committee moved: That the Town accept the several reports of the Selectmen relocating the following streets and portions of streetsa
The westerly corner of Webb and Commercial Streets at property now or late of the heirs or devisees of Katherine A. Gregg;
The Southerly corner of Broad and Essex Streets at property now or late of Lena A. Donovan;
Both sides of North Street from Bridge Street to Wessagusset Road and that the Board of Selectmen be and hereby are authorized to acquire by gift or take by right of eminent domain an easement for all purposes of a public street and highway in and over the land located within the limits of said relocation, and that the sum of $1.00 be raised and appropriated for the acquisition of each of the foregoing ease- ments.
Mr. Frederick Humphrey moved as an amendment: That both sides of Pleasant Street from a point between property now or late of Nor- man E. and. Alice W. Chaplain and the old cemetery lying northerly of the junction of Pleasant and Pine Streets be accepted and that
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the sum of $3,000.00 be raised and appropriated for the working of said street. The question on the amendment of Mr. Humphrey was put before the meeting and was declared not a vote.
The question on the motion of the Appropriation Commitee was then put before the meeting and the tellers reported 108 voting in the affimative and none in the negative, the Moderator declared it an unanimous vote.
Article 25. Voted: That the subject matter of this article be referred to the Street Department.
Article 26. Voted: That no action be taken under this article.
Article 27. Voted: That no action be taken under this article
Article 28. Voted: That no action be taken under this article.
Article 29. Voted That no action be taken under ths article.
Article 30. Voted That no action be taken under this article.
Article 31. Voted: That the subject matter of this article be referred back to the committee heretofore appointed in reference to the matter.
Article 32. Voted: That the Superintendent of Streets be author- ized to acquire by gift or take by right of eminent domain such ease- ments and other rights in land as are necessary to provide a drainage system and catch basins on Durant Road and Elinor road, and that the sum of $1.00 be appropriated for the acquisition of said easements and rights.
This motion was put before the meeting and the tellers reported 108 voting in the offirmative and none in the negative. The Moderator declared it an unanimous vote.
Article 33. Voted: That the Superintendent of Streets be author- ized to acquire by gift or take to right of eminent domain such ease- ments and other rights in land as are necessary to provide a drainage system and catch basins on Bates Avenue, Reed Avenue, White Street, Central Avenue and that portion of Central Street and Union Street contiguous thereto, and that the sum of $1.00 be appropriated for the acquisition of said easements and rights.
This motion was put before the meeting and the tellers reported 108 voting in the affirmative and none in the negative. The Moderator declared it an unanimous vote.
Article 34. John W. Heffernan, Secretary of the Appropriation Committee moved: That no action be taken under this article as the subject matter of this Article is taken care of under Item 32, Article 1.
Mr. Henry C. Pratt moved as an amendment: That an additional sum of $6,000.00 be raised and appropriated for the purposes of this article. The question on this amendment was put before the meeting and was declared not a vote. -
Mr. Mathais E. Doyle moved as an amendment: That the sum of $5,000.00 be raised and appropriated for the construction of a perma-
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nent sidewalk on the easterly side of Pleasant Street from the Pratt School to Washington Street. The question on the amendment as offered by Mr. Doyle was put before the meeting and it was declared not a vote.
The question as offered by the Appropriation Committee was put before the meeting and it was declared a vote.
Article 35. Mr. John W. Heffernan, Secretary of the Appropri- ation Committee moved: That no action be taken under this article.
Mr. William B. Dasha moved as an amendment: That the sum of $4,500.00 be raised and appropriated for the purpose of completng the sea wall on the water side of Fore River Avenue ( north side).
Mr. John Griffin moved: That this sum be transferred from the Street Department appropriation. This was declared not a vote.
Mr. Herbert Rossetter stated that a sum of money heretofore ap- propriated for the building of the sea wall on Fore River Avenue had been misused and made the following amendment: To demand that the sum of $1,035.87 be put back where it belonged and that those responsible refund to the Town of Weymouth and so instruct the Town Counsel to collect. This amendment was put before the meeting and was declared not a vote.
Mr. Stanley T. Torrey moved as an amendment. That this sum of $4,500. be expended under a commttee of 5 to be appointed by the Moderator. This amendment was put before the meting and was de- clared a vote.
The motion offered by Mr. Dasha as amended by motion of Mr. Torrey was then put before the meeting and it was so voted. Motion: That the sum of $4,500.00 be raised and appropriated for the purpose of completing the sea wall on the water side of Fore River Avenue (north side) and this sum to be expended by a committee of five (5) to be appointed by the Moderator.
Mr. George E. Cunniff moved: To reconsider Article 2.
Mr. Howard Clark moved. That this meeting do now adjourn.
Mr. Alfred C. Sheehy moved: That the meeting adjourn when the time 11:30 arrives. This question was put before the meeting and was of 11:30 arrives. This question was put before the meeting and was declared not a vote. The motion of Mr. Clark was then put before the meeting and was declared not a vote. The question of the reconsider- ation of Article 2 on motion of Mr. Cunniff was then put before the meeting and was declared not a vote. More than seven members having doubted the vote a recount was ordered.
On the recount the tellers reported 58 voting in the affirmative and 46 in the negative, the motion to reconsider was voted.
Mr. George E. Cunniff moved: That a committee of five (5) be appointed by the Moderator to draft resolutions to present to the General Court for legislation to relieve the Town of Weymouth of its membership in the South Metropolitan Sewerage District.
Mr. Mathais E. Doyle moved as an amendment: That the com- mittee be empowered to confer with Counsel of the Edison Electric Illuminating Company of Boston for accomplishment of this purpose (above motion) thereby allowing the largest taxpayer of Weymouth an opinion of the action to be taken.
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Mr. George E. Cunniff moved as an amendment: That the Town Counsel be a member of this committee.
Mr. Albert H. Silvester moved as a substitute motion: That the Town Counsel proceed with the present litigation instead of a com- mittee.
Mr. Francis A. Gunn moved: That this meeting do now adjourn to meet Friday evening, March 11, 1932, at 7:45 o'clock. The question of the motion of Mr. Gunn was put before the meeting and was de- clared not a vote. More than seven members having doubted the vote a recount was ordered. The tellers reported 65 voting in the affirmative and 60 voting in the negative the motion to adjourn pre- vailed.
CLAYTON B. MERCHANT, Town Clerk
NOTICE OF ADJOURNED TOWN MEETING
I hereby certimy that the following notice was posted in ten publio places in the town as provided in Section 3 of Chapted 61 of the Acts of 1921 and amendments thereof.
NOTICE
Public notice is hereby given that the adjourned annual town meet- ing held on March 9, 1932, further voted to adjourn to meet at the hall of the Weymouth High School, East Weymouth, on Friday evening, March 11, 1932 at 7:45 o'clock.
This notice is given under the privisions of Section 3 of Chapter 61 of the Acts of 1921 and amendments thereof.
Given under my hand and the seal of the Town of Weymouth this tenth day of March, A. D. 1932.
CLAYTON B. MERCHANT, Town Clerk
ADJOURNED ANNUAL TOWN MEETING Friday, March 11, 1932
The time to which the Annual Town Meeting adjourned having arrived as voted at the adjourned meeting of March 9, 1932, the meet- : ing was called to order at 7:50 o'clock by George L. Barnes, Annual Moderator. The Chaplain of the meeting, Rev. William G. Sewell, offerer prayer.
Prince H. Tirrell moved: That further consideration of Article 2 of the warrant be postponed until the consideration of the re- maining articles in the warrant have been completed. The ques- tion of Mr. Tirrell's motion was put before the meeting and was de- clared not a vote. More than seven members having doubted the vote a recount was ordered. The tellers reported 75 voting in the affirmative and 63 voting in the negative, the motion to postpone the consideration of Article 2 was declared a vote.
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Article 36. Voted unanimously: To appropriate the sum of $50,000.00 for the construction of a schoolhouse on the so-called Whit- man Lot, at Weymouth Heights, of which sum $7,163.05 is to be raised in the levy of the current year, $3,812.95 is appropriated from the Fire Loss account and $1,24.00 is appropriated from the sale of real estate and to meet the balance of said appropriation the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow & sum not to exceed $38,000.00 and to issue bonds or notes of the Town therefor, said bonds or notes to be payable in accordance with Section 19 of Chapter 44 of the General Laws, so that the whole of said loan shall be paid in more than twenty years from the date of the first bond or note, or at such earlier date as the Treasurer and Selectmen may designate; which building shall be erected under the supervision of the committee heretofore appointed for that purpose.
The tellers reported 147 voting in the affirmative and none in the negative.
Article 37. Voted: To raise and appropriate the sum of $1,750.00 for the installation of a traffic signal system on Bridge Street, the same to be installed under the direction of the Chief of Police, provided, however, that this appropriation shall not be available unless before the date on which the tax rate is declared the Commonwealth of Massa- chuetts shall make available for said work a sum not less than that herein voted to be raised by the Town.
Article 38.,Mr. John W. Heffernan, Secretary of the Appropriation Committee moved: For the purpose of provding permanent quarters for Weymouth Post No. 79 American Legion under the provisions of Chapter 40, Section 9 as amended, of the General Laws of Massa- chusetts, the sum of $600.00 shall be raised and appropriated, pro- vided that before the tax rate is declared a decision of the Full Bench of the Supreme Judicial Court upholding the legality of such apropriation is received in the case of Weymouth Americal Legion Cor- poration v. Inhabitants of Weymouth. commenced in the Superior Court within and for the County of Norfolk by writ dated February 23, A. D. 1932, or any other litigation which may be brought to test the legality of such an appropriation and the Town Counsel is hereby instructed to take all necessary steps to expediate a decision of the Full Bench upon the legal questions involved in said action.
Mr. Alfred C. Sheehy moved as an amendment: That the Town raise and apropriate the sum of $600.00 for said purpose and that the payment of same be deferred until the legality has been determined. The question on the amendment as offered by Mr. Sheehy was put before the meeting and was declared not a vote. More than seven mem- bers having doubted the vote a recount was ordered. The tellers re- ported 52 in the affirmative and 80 voting in the negative. The Moder- ator declared the amendment lost.
The motion as offered by the apropriation committee was then put before the meeting and it was so voted.
Article 39. Voted: That no action be taken under this article.
Article 40. Voted: That the Town does hereby accept such flags, pictures, relics and other objects connected with the military history of Weymouth as Reynolds Post No. 58 Department of Massa- chusetts, Grand Army of the Republic, the 35th Massachusetts Veteran Association or any other body of veterans which may wish to give
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to or deposit in the custody of the Town, and the Town does hereby declare itself trustee of the same and agree to hold the same for the benefit of future generations as an object lesson in patriotism and American history. The committee which built the civic center is hereby directed to plan for a suitable place for the safe-keeping and display of said objects and is authorized to build a suitable recepticle for the display of the flag of the 35th Massachusetts Veteran Association in the second floor corridor of the Town Hall and the Town Counsel is instructed to petition for such lesgislation as will authorize the public display of said flag.
Pending the acceptance by the Town of plans for a prominent place of display for said relics, the said committee are instructed to arrange for their temporary custody and display in the Town Hall and. sitting jointly with the Board of Selectmen, to make such reallocation of the space in the Town Hall as will provide the necessary room! For the aforesaid purposes, the Committee are authorized to expend any moneys still remaining in the appropriations under their charge.
Article 41. John W. Heffernan, Secretary of the Appropriation Committee moved: That the subject matter of this article be referred to a committee of seven to be appointed by the Moderator to consider the subject matter and report at a subsequent Town Meeting what steps should be taken to carry out the terms of the trust on which the Town has accepted the bequest of Laban Pratt and what, if any, legislation should be sought to provide a suitable and efficient method of ad- ministering trust funds held by the Town.
Mr. Benjamin F. Smith moved as an amendment: By striking out the words "a subsequent Town Meeting" and inserting the words "the next annual town meeting".
The question on the amendment was put before the meeting and it was declared voted. The question of the Appropriation Committee as amended was then put before the meeting and it was so voted.
Article 42. Voted: That no action be taken under this article.
Article 43. Voted: To accept the bequest of Martha Hannah King for the repair and upkeep of the graves of Stephen Foye and Clarissa Foye and that the sum of $50.00 received from said estate be paid over to the Town Treasurer under the provisions of Section 19 of Chapter 114 of the General Laws, to be by him invested and the income paid over to the proper official of the cemetery wherein said graves are located for the purpose specified in said will, and that the Town Treasurer be authorized to accept any future gifts or bequests which may be made for similar purposes, and to invest the sums so given or bequeathed and to cause the income of such funds to be paid over in accordance with the tarms of the trusts under which the same shall be given or bequeathed.
Article 44. Voted: No action be taken under this article,
Article 45. Voted: No action be taken under this article.
Article 46. Voted: No action be taken under this article,
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Article 47. Voted: That the subject matter of this article be referred to the police department.
Article 2. Frederick Gilbert Bauer moved: That in the event Mr. Josiah B. Reed wishes to speak on the question before the meeting in reply to his statements made at the meeting March 9th, he be given 30 minutes time limit. After quite a number of the citizens had spoken on the question before the meeting, Mr. Reed was recognized and after completing his allottment of time Col. Bauer again moved he be granted 10 more minutes. George E. Cunniff moved as an amend- ment that Mr. Reed be given such time as he desired to finish his remarks. ,
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