Town annual reports of Acton, Massachusetts 1946-1950, Part 42

Author: Acton (Mass.)
Publication date: 1946
Publisher:
Number of Pages: 980


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C-Duties of the Chief


It shall be the duty of the Chief Engineer, otherwise herein called the Chief, to call meetings of the Board of Engineers and all combined meetings of the Department and to have general charge of all property and apparatus of the Department. He shall have general charge at all fires and of all companies. He shall file all reports and issue per- mits required by law. The Chief shall inspect each fire station twice each year in company with the Engineer of each respective precinct, and note the condition and any need of change in station or equipment. He shall hold a combined practice of all companies at least once each year. The Chieff shall annually in December in conjunction with the assistant engineer submit to the Board of Selectmen a budget for the


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maintenance of the department for the ensuing year.


D-Duties of the Captains and Lieutenants


The Captain of each company shall have charge of his respective company at fires and receive all orders from his commanding officers, and shall give all orders for the proper operation of his company. He shall see that all apparatus is left in perfect condition at all times, and shall notify his superior officer of any defective or missing equipment. The Captain shall conduct all company meetings and see that all voting and business is properly conducted; and it shall be his duty, so far as possible, to carry out the desires of his company, and create and maintain harmony therein. The Lieutenants shall assist the Captain and act for him in his absence.


E-Duties of the Treasurer and the Clerk


It shall be the duty of the Treasurer to have charge of all company funds, pay all company bills, and keep a record of the same.


It shall be the duty of the Clerk to keep an accurate ac- count of all company meetings and the business transacted thereat.


F- Qualifications for Membership


Any person of good character, over twenty-one years of age, who is an American citizen or who has filed his intention of becoming such, may be nominated for membership. The company shall judge an applicant for membership as to his qualifications as a fireman, his occupation, and his availa- bility to attend fires and meetings. The company shall sub- mit two or more names to the Board of Engineers for each vacancy to be filled.


G-Duties of the Janitor


A janitor for each fire station shall be appointed an- nually.


He shall keep the fire station and grounds in a clean, sani- tary, and orderly condition. He shall, also, keep the building at a proper temperature at all times and attend to the dis- posal of all ashes and refuse. He shall notify his Precinct


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Engineer of all needed supplies, and report any need of change in or about the station building, or anything which he may find out of order. He shall see that tire chains are put on when needed, also take care of apparatus, batteries. and tires; and see that all apparatus is kept clean.


H-Duties of Members


It shall be the duties of the members to answer all com- pany alarms and to obey all orders of their officers while on duty. It shall be the duty of the members to attend all meetings and practices of their respective companies; and they shall attend at least eight (8) meetings each year. Upon the request of his Precinct Engineer, any member missing a fire, practice, or meeting, or neglecting his duty, shall give an acceptable excuse therefor.


I-Meetings


Each company shall hold one regular meeting each month. Any company may make Rules for use in its own engine house and meetings, provided that they do not con- flict with these By-Laws."


A true copy : 1


Attest : HARLAN E. TUTTLE, Town Clerk


Boston, Mass.


December 11, 1950


The foregoing amendment to by-laws is hereby approved with the exception of the deleted words under Paragraph F and the deleted words under Paragraph I which are hereby disapproved.


FRANCIS E. KELLY, Attorney General


168


EARTH REMOVAL BY-LAW TOWN OF ACTON


Annual Town Meeting, March 13, 1950


Article 48. VOTED UNANIMOUSLY: To accept as a town by-law, the provisions of Chapter 40 of the General Laws, Section 21, Paragraph 17, to prohibit unlicensed strip- ing for farm land, as printed in the town report under Pro- posed earth Removal By-Law.


"EARTH REMOVAL BY-LAW"


1-1 The removal of soil, loam, sand or gravel from any parcel of land not in public use in the Town of Acton, ex- cept as hereinafter provided, shall be allowed only after a written permit therefor is obtained from the Board of Select- men after a public hearing of which due notice is given.


1-2 No permit shall be required for the continuous oper- ation on any parcel of a sand or gravel pit in operation at the time this by-law is adopted, provided such operation is not thereafter discontinued for more than one year; and no permit shall be required for the removal of soil, loam sand or gravel from any parcel of land when incidental to and in connection with the construction of a building on the parcel.


1-3 In issuing a permit under this by-law, the Board of Selectmen may impose such conditions not specifically pro- vided for herein as it may deem necessary for the adequate protection of the neighborhood and the town. Any conditions imposed by the Board shall be attached to and made a part of the permit. The Board may, in its discretion, require a bond, certified check or other security for compliance with said conditions or as evidence of good faith as to the comple- tion of any proposed construction. The Board may, after a public hearing on proof of violation of any condition, re- voke any permits so issued. No permit shall be issued under the provisions of this by-law for a period of more than three years.


REMOVAL OF SAND AND GRAVEL


2-1 Sand and gravel may be removed from any parcel


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of land, except within 300 feet of a street or way, and the Board shall issue a permit therefor provided, however, that the Board shall impose such reasonable conditions as to the disposition of top soil and the re-establishment of ground levels and grades as it may deem necessary.


REMOVAL OF SOIL OR LOAM


3-1 Soil or loam may be removed from any parcel of land within such parcel determined by the Board to be un- suited to agricultural use, and the Board may issue a permit for such removal; provided, however, that the Board shall in making such decision, obtained the recommendations of the appropriate Soil District Supervisor and the County Extension Director or Agent, or their successors, and their recommendations shall be made a part of the records of the Board. In issuing a permit, the Board may impose reasonable conditions as to the re-establishment of ground levels and grades.


3-2 Notwithstanding the provisions of the above, the Board may issue a permit for the removal of soil or loam from any parcel of land in the Town where such removal is necessarily incidental to and in connection with the con- struction of a road or other facility involving a permanent change in the use of the land. The Board shall issue no such permit unless it is reasonably satisfied that the construction will be completed and evidence thereof shall be made part of the records of the Board.


REMOVAL WITHIN 300 FT. OF STREETS


4-1 Soil, loam, sand or gravel may be removed from any parcel of land within such parcel lying within 300 feet of any street or way, provided a permit therefore has been issued by the Board after satisfactory evidence that such removal will not be seriously detrimental or injurious to the neighborhood; provided further that the Board shall impose reasonable conditions as to the method of removal, the re- establishment of ground levels and grades and the planting of the area to suitable cover, as it may deem necessary. Re- moval of soil or loam under authority of this section shall be further subject to the provisions of Section III.


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5-1 Whoever violates the provisions of any of these regulations shall be subject to a fine of not exceeding Twenty Dollars ($20.00) for each offense.


A true copy Attest: HARLAN E. TUTTLE, Town Clerk


Boston, Mass. December 11, 1950


The foregoing by-law is hereby approved.


FRANCIS E. KELLY, Attorney General


171


REPORT OF THE SPECIAL SCHOOL BUILDING COMMITTEE


To the Honorable Board of Selectmen :


The Special School Building Committee has investigated the design, construction, site and costs of additional school facilities and has made the following findings:


1. That existing school buildings, including the present High School, will provide adequate space and facilities for grades 1 to 8 until sometime subsequent to 1960.


2. That enrollment in grades 9 to 12 will be in excess of 325 by 1960.


3. That a high school having an enrollment in excess of 300 can be operated at a reasonable cost and provide a good high school curriculum.


4. That a new high school building containing adequate educational and athletic facilities can be constructed at át reasonable cost to the town; provided that State Aid will be granted for a local High School.


In view of the above findings, the present Committee makes the following recommendations :


1. That the Town, under the direction of the present Committee and subject to the approval of the State School Building Assistance Commission, engage the services of a person or persons experienced in making school population studies to make a survey to determine the probable enroll- ment in grades 9 to 12, inclusive, for the years 1959 to 1964 and that the sum of $2,000 be appropriated for this purpose.


2. That the present Committee submit the results of such a survey to the State School Building Assistance Com- mission to obtain approval and State Aid for erecting a suit- able high school building.


3. That a Special Town Meeting be called, as soon as


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such approval is obtained from the Commission, for the pur- pose of authorizing the construction of a new local High School.


Respectfully submitted, Special School Building Committee


CARL A. CHRISTOFFERSON, CHAIRMAN


MARION C. REED


PORTER G. JENKS


BURTON J. JONES Jr.


THOMAS MOTLEY II


173


REPORT OF REGIONAL SCHOOL DISTRICT PLANNING BOARD


Harvard, Mass. January 17, 1951


To the Board of Selectmen, of the Town of Acton. Gentlemen :-


The Regional School District Planning Board established by the Towns of Acton, Bolton, Boxboro, Harvard, Lancaster, and Stow in accordance with Chapter 638 of the Acts of 1949 of the General Laws has studied the advisability of establish- ing a Regional School District for all or part of the above towns. The said board finds it desirable, and in the best in- terest of the above towns, their taxpayers, and their children of school age, to establish such a Regional School District, and hereby recommends that the above towns forthwith ex- press their wishes in the matter.


The Regional School District Planning Board urgently recommends to the above towns and their Selectmen that a Regional School District be established and herewith submits a copy of the proposed agreement between the member towns. Copies of this agreement have been submitted to the emer- gency finance board and the department of education who have indicated their approval of the agreement and the pro- posed Regional School District by affixing their signatures to the agreement.


We, therefore, request that in accordance with Chapter 638 of the Acts of 1949 the board of Selectmen of Acton direct the Town Clerk of Acton to cause the following ques- tion to be placed on the official ballot used for the election of town officials for the election to be held Monday, March 5, 1951 :-


"Shall Acton accept the provisions of sections six- teen to sixteen I, inclusive, of chapter seventy-one of the General Laws, providing for the establishment of a regional school district, together with the towns of Bolton, and/or Boxboro, and/or Harvard, and/or Lan- caster, and/or Stow, and the construction, maintenance and operation of a regional school by the said district


174


in accordance with the provisions of a proposed agree- ment filed with the Selectmen?"


Yes| No


FRANK WIGGLESWORTH Chairman, Regional School District Planning Board ELEANORE H. HOLLIS, Board Member from Acton ORWALD E. KIENOW Board Member from Acton


ALDEN C. FLAGG, JR. Board Member from Acton


AGREEMENT


For the establishment of a Regional School District for the towns of Acton, Bolton, Boxborough, Harvard, Lancaster, and/or Stow, towns in the Commonwealth of Massachusetts, hereinafter referred to as the Par- ticipating Towns.


SECTION 1. MEMBERS OF THE REGIONAL DISTRICT SCHOOL COMMITTEE


(A) The Regional District School Committee shall consist of two members from each of the Participating Towns, which have agreed to the establishment of the Regional School District. A Town which has more than two hundred pupils enrolled in the Regional School as of October 1 of any year shall be entitled to elect one additional member at the next town election to serve for a three year term or for such period during said term as the excess enrollment continues.


(B) The members of the Regional District School Com- mittee shall be elected at the annual Town Elections, by official ballot used for the election of town officers. For the initial election of members to the Regional District School Committee, the towns which have accepted this Agreement shall be arranged in alphabetical order; when so arranged, the first town shall elect one member for one year, and one member for two years: the second town shall elect one mem-


175


ber for two years, and one member for three years: the third town shall elect one member for one year, and one member for three years; the fourth town, shall elect one member for one year, and one member for two years, etc. Thereafter, each member shall be elected for three years.


(C) For the period from the effective date of this Agreement to the next annual Town Election, and within ten days after the Town Meeting at which this Agreement was accepted, the Town Moderator shall appoint the mem- bers of the Regional District School Committee for each town. One of the members so appointed from each town shall be appointed from the Regional School District Plan- ning Board from that town.


(D) Vacancies in the Regional District School Com- mittee shall be filled within two weeks by the Selectmen of that town, to hold office until the next Town Election.


SECTION 2. LOCATION


The Regional District School shall be located as near as feasible to the geographic and population centers of the Dis- trict.


SECTION 3. TYPE OF SCHOOL


The Regional District School shall offer grades IX through XII and such additional educational opportunities as may be desired by the District. Until such a time when all of the space will be required for Regional District School use, space may be leased to a Participating Town for Grammar School use.


SECTION 4. METHOD OF APPORTIONING COSTS OF THE REGIONAL SCHOOL


(A) All capital costs, as defined by the Division of Accounts in the Department of Corporations and Taxation, which shall include interest charges, unless reimbursed by the Commonwealth of Massachusetts, shall be apportioned among the Participating Towns accepting this Agreement. The proportional share to be borne by each town shall be based on the Equalized Valuation and the Net Average Membership. In this calculation the Equalized Valuation shall be weighted


176


twice and the Net Average Membership once. An example of this apportionment is set forth in Exhibit 'A', attached hereto and made part of this Agreement.


(B) Before debt is incurred for capital expenditures the Regional District School Committee shall notify the select- men of the Participating Towns.


(C) The proportional shares of the fixed charges of subsection 'A' of this section shall be recalculated every five years in accordance with Exhibit 'A'. The new ratios are to be used in apportioning the fixed charges for the suceeding five years among the Towns forming the Regional School District.


(D) For the purposes of this Agreement, Net Average Membership shall be as defined in section Five of Chapter 70 of the General Laws. The Equalized Valuation shall be that established by the General Court under Chapter 645 of the Acts of 1948 or if no such valuation has been made, the last preceding valuation made for the purpose of apportion- ing the state tax.


(E) All operating expenses including interest on notes issued in anticipation of revenue shall be apportioned on the basis of Grade IX through XII pupil enrollment on October 1st of the preceding year in the Regional School from each of the towns comprising the Regional School District except- ing costs incurred by the leasing of space as provided in Section 3 of this Agreement and minus any tuition or other income received by the District.


(F) Operating expenses for the first year as determined in the budget of the Regional District School Committee shall be apportioned on the basis of the Net Average Membership as of the preceding June 30th in Grades IX through XII in the towns comprising the Regional School District.


(G) In determining rental rates for space leased in ac- cordance with the terms of this Agreement, the Regional District School Committee shall pay due regard to the fixed charges to be allocated to space so leased, and to any in- crease in operating expenses incurred by such leasing.


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(H) Payments of one-quarter of each town's propor- tional part of the Regional School Budget shall be made quarterly at a time to be established by the Regional District School Committee.


SECTION. 5 TRANSPORTATION


(A) Each participating town of the Regional School District shall furnish transportation of its students under jurisdiction of its local School Committee in cooperation with the Regional District School Committee in the matter of bus schedules.


(B) Transportation for special school functions may be furnished by the Regional School District and this expense allocated as provided by Section 4 (E) of this Agreement.


SECTION 6. ADMISSION TO AND WITHDRAWAL FROM THE DISTRICT


(A) Any town not included in the Regional School District may be admitted to the District by a majority vote of the Regional District School Committee and upon accept- ance by the town of this Agreement with any amendments thereto and upon acceptance by the town of the provisions of Section sixteen through sixteen (I), inclusive, of Chapter 71, as amended, of the General Laws. Upon admission of such a town, the costs of Section 4 (A) plus subsequent acquisi- tions and improvements, reduced by a depreciation allowance of 2 per cent per year, shall be reapportioned in accordance with Section 4 (A) to all the towns now comprising the Dis- trict. The newly admitted town shall then assume liability for its entire share of the costs of Section 4 (A) ; for the remaining term of the funded indebtedness it shall pay to the Regional School District Treasurer an amount equal to the sum of its normal share of the costs of Section 4 (A), plus its share of the funded indebtedness already retired divided by the number of years in the remaining life of the funded indebtedness. Payments made by the newly admitted town for funded indebtedness already retired, shall be credited to the towns previously forming the District on the basis of · over-payment made by them. If no funded indebtedness exists,


178


the newly admitted town must nevertheless finance its share of the past funded indebtedness independently of the Re- gional School District, but computed in accordance with the above procedure and pay to each of the towns previously com- prising the District the proportion due them.


(B) By a majority vote at a regular or special town meeting, any town in the Regional School District may with- draw from the District, provided that a majority of the re- maining members of the Regional District School Committee so vote, and providing that the town desiring to withdraw has paid over, or secured payment of, its portion of the remain- ing funded indebtedness and any other expenses for which it became liable as a member of the District.


SECTION 7. AMENDMENTS


Sections four, six, and seven of this Agreement may be amended by recommendation of the Regional District School Committee or by Initiative Petition of 10 per cent of the regis- tered voters in the towns comprising the Regional School District, provided that such amendment is approved by ma- jority vote in each of the towns comprising the District. The remaining sections of this Agreement may be amended in similar manner provided not more than one town disapproves.


SECTION 8 BUDGET


The Regional District School Committee shall, in ac- cordance with Section sixteen (B) of Chapter 638 of the acts of 1949, prepare and adopt a budget and present this budget to each of the towns comprising the District on or before December 1st for the next calendar year, itemized as follows:


1. General Control


2. Expenses of Instruction


3. Operation of School Plant


4. Maintenance of School Plant


5. Auxiliary Agencies


6. Outlay


7. Debt and Interest Charges


8. Special Charges


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SECTION 9. ADMISSION OF STUDENTS


(A) Students who are now attending high schools else- where may finish their secondary education at that school upon approval of their local school committee.


(B) The Regional District School shall accept all stu- dents who have satisfactorily finished the eighth grade in any of the towns comprising the District. Trade school stu- dents will have the privilege of attending trade schools as before, excepting that such students must obtain approval for such attendance from their local school committee and, that the cost of their tuition will be borne by their town.


(C) Students residing outside of the Regional School District may attend the Regional District School upon ap- proval of the Regional District School Committee and pay- ment of a tuition, established with due regard to the total per pupil cost.


SECTION 10. ORGANIZATION OF THE REGIONAL SCHOOL COMMITTEE


(A) Within ten days after selection of membership, the Regional District School Committee shall organize and choose by majority vote such officers as provided for by law, and determine their term of office. Provision shall be made for meetings, including an annual meeting at which the officers of the Committee shall be elected. All meetings, excepting those involving personal relations of pupils or employees of the Regional District School Committee, shall be open to the public and the press.


(B) The Regional District School Committee, for and on behalf of the Regional School District, shall establish and maintain within the District a central office for the transac- tion of its business; the place to be determined by the Com- mittee. The Committee shall have the power to equip the same and to purchase such supplies as may be required in the transaction of its business.


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SECTION 11. ORGANIZATION OF THE REGIONAL SCHOOL DISTRICT


The Regional School District shall be deemed established when Acton and one or more, or Lancaster and two or more, or any four of the Participating Towns, by majority vote, accept this Agreement and the provisions of Section sixteen through sixteen (I), inclusive of Chapter 71 of the General Laws, in accordance with the provisions of Section 15 of Chapter 71 of the General Laws.


EXHIBIT 'A'


(A) The procedure for calculating the percentages to be borne by each town is as follows:


(1) The sum of the Equalized Valuations for the Towns comprising the Regional School District shall be determined.


(2) The percentage of the total Equalized Valuation represented by the Equalized Valuation of each Town shall be calculated.


(3) The total Net Average Membership for the District shall be determined.


(4) The percentage of the total Net Average Member- ship represented by the net average membership of each Town shall be calculated.


(5) For each Town, the percentage figure obtained in #2 shall be entered twice, and the figure obtained in #4 shall be entered once. The sum of these three figures, divided by three, shall be the Town's percentage share of the costs of Section 4 (A).


(B) For purposes of illustration only, the following ex- ample of the method of calculating these percentages is in- cluded. These calculations are based on the Equalized Valua- tion of 1945, and on the NAM of 1949. They are the per- centages which would apply at the present, were all six of the Participating Towns to accept this Agreement


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TABLE 1


Equalized Values and Percentage Ratios


(1)


(2)


Town


Equalized Va Vlue


Ratio


1. Acton


$ 4,470,756


%


34.29


2. Bolton


1,257,895


9.57


3. Boxborough


415,965


3.18


4. Harvard


2,639,902


20.25


5. Lancaster


2,739,902


21.01


6. Stow


1,525,205


11.70


7. Total


$13,039,625


%


100.00


TABLE 2


Net Average Membership and Percentage Ratios


(3)


(4)


Town


Net Average Membership


Ratio


21. Acton


490


%


32.77


2. Bolton


153


10.22


3. Boxborough


67


4.49


4. Harvard


183


12.23


5. Lancaster


362


24.12


6. Stow


242


16.17


7. Total


1497


%


100.00


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TABLE 3


Calculation of Ratio for each Town


(5)


Town Calculation Ratio


1. Acton




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