Town annual reports of the officers of Southbridge for the year ending 1952-1956, Part 42

Author: Southbridge (Mass.)
Publication date: 1952
Publisher: The Town
Number of Pages: 1060


USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1952-1956 > Part 42


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Article 18. To see if the Town will vote to raise and ap- propriate, borrow or transfer a sum of money to pay for the erecting of a chain-link fence, maintenance of bridge and ap- proaches, providing a traffic officer, and any other damages at proposed site of Bailey bridge off Mechanic Street over the


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Quinebaug River, and authorize the Board of Selectmen to lease for a period of not more than two (2) years the necessary land for a public way to and from said Bailey bridge, or act any- thing thereon.


Article 19. To see if the Town will vote to create position of draftsman in the Engineering Department, and that this classification be listed in the Griffen-Hagen Report accepted at Town Meeting held March 8, 1954, and this classification pay the minimum rate of $3,000.00 and a maximum of $4,300.00 and further to see if the Town will vote to raise and appropriate, borrow or transfer a sum of $400.00 for this purpose, or act any- thing thereon.


Article 20. To see if the Town will vote to raise and ap- propriate, borrow or transfer the sum of $400.00 for the renew- ing of water service at the Depot Parking Lot from Central Street westerly for a distance of approximately ninety (90) feet, or act anything thereon.


Article 21. To see if the Town will vote to raise and ap- propriate, borrow or transfer the sum of $25,000.00 for Snow & Ice Removal, said amount to be added to the Snow & Ice Ac- .count as voted at Annual Town Meeting held March 12, 1956.


A true copy. Attest: CLARE P. BOYER, Town Clerk.


SPECIAL TOWN MEETING - APRIL 30, 1956


Meeting called to order at 7:30 P. M. by Moderator Rosario Normandin.


VOTED: That the reading of the warrant be dispensed with. Also the officer's return thereon.


The Moderator requested the voters for their unanimous consent that the reading of articles by him be dispensed with.


So moved and seconded.


Unanimously voted in the affirmative.


The Moderator announced the following: that the recom- mendations of the Finance Committee be accepted as motions and that said motions be considered as seconded. However, mo- tions could be presented from the floor and these motions pre- sented from the floor would be considered first.


Article 1. VOTED: unanimously in the affirmative that $2,000.00 betransferred from Article 15, Depot Parking Lot re- surfacing voted at Annual Town Meeting March 12, 1956, and $1,000.00 be transferred from Oil for Roads Account in the High- way Department.


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- -- - - -- - ---


Article 2. VOTED: unanimously in the affirmative that $1.00 be taken from the tax levy of 1956.


Article 3. VOTED: unanimously in the affirmative for $29,159.75.


Article 4. VOTED: unanimously in the affirmative for $400.00 from the tax levy of 1956.


Article 5. VOTED: unanimously in the affirmative for $34.84 from the tax levy of 1956.


Article 6. VOTED: in the affirmative for $450.00 from the tax levy of 1956.


Article 7. VOTED: in the affirmative for $1,000.00 from the tax levy of 1956.


Article 8. At this time Mr. Maska, Tree Warden, re- quested reconsideration of the vote taken on Article 6. The Moderator entertained a motion to reconsider.


No motion submitted.


No reconsideration.


Article 8. The following substitute motion presented, sec- onded and carried:


VOTED: that the Town discontinue its voting precincts and that subsequent elections within the Town shall be held as if no such division had been made, all as provided by Section 9 of Chapter 54 of the General Laws of the Commonwealth.


Count of hands by Moderator.


Result of count by Moderator.


Affirmative 83 Negative 65


Result of count challenged.


Moderator named three (3) tellers.


Moderator asked voters to vote again (hand vote).


Result of count: (announced by Moderator).


Affirmative 112 Negative 91 It's a vote.


Article 9. VOTED: in the affirmative for $2,000.00 from the tax levy of 1956.


Article 10. VOTED: uanimously in the affirmative that the purchase be made and paid from the current Selectmen's Expense appropriation.


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Article 11. Substitute motion presented by Mr. Walsh of the Planning Board. Said substitute motion seconded and car- ried:


VOTED: unanimously in the affirmative to amend the Zoning By-Laws and Zoning map by changing from Multiple Family District and Retail Business District to General Business District.


Mr. Walsh presented the Town Clerk with a marked map and a letter approving of this change. Said letter signed by five members of the Planning Board.


Report of the Town Planning Board: June 26, 1956


Regarding the subject matter of Article 11 of the Town Warrant of April 30, 1956. A Special Town Meeting called. The Planning Board, after due notice had been published in the Southbridge News on Feb. 9, 16, 23, 1956, held a hearing as ad- vertised, on Monday, February 27, 1956, in Room 15 of the Town Hall, at 8 P. M., at which hearing no person appeared in oppo- sition to the zoning of the area as published in the News.


March 19, 1956


At the regular meeting of the Planning Board it was unani- mously voted by the members after the discussion of the Ber- nard Guertin petition for a zone change that the Board would incorporate a change.


The change was to amend the zoning By-Laws and zoning map, by changing from Multiple Family District and Retail Business District, to General Business District, the following area beginning at the present terminus of the General Business District on Olney Ave., southerly to the corner of Worcester St. and Charlton St., then easterly along Charlton St. to the cor- ner of Mechanic St., then northerly to Olney Ave., then wester- ly to the corner of Olney Ave. and Worcester St., also on easter- ly side of Mechanic St. from the corner of Charlton St., north- erly to the corner of Randolph St.


Rec'd July 2, 1956 8:30 P. M.


Approved by Planning Board: EDWARD W. WALSH, WILLIAM O'SHAUGHNESSY ROLAND PONTBRIAND.


A true copy. Attest: CLARE P. BOYER, Town Clerk. Boston, Mass., October 25, 1956


proved.


The foregoing amendment to zoning by-laws is hereby ap- GEORGE FINGOLD, Attorney General.


Published in Southbridge News, November 23, 24, 26, 1956.


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Article 12. VOTED: in the affirmative for $1,000.00 from the tax levy of 1956.


Article 13. The following motion made and seconded: (presented by: O. J. Laliberte).


I move that the proposed Amendments dated February 2, 1956 to the By-Laws of the Town of Southbridge, copies of which were sent to the Board of Selectmen by the Town By- Laws Committee with their letter dated February 28, 1956, and a copy of which has been on file in the office of the Town Clerk, available for inspection by any registered voter of the Town, be adopted in the form recommended by the Town By-Laws Com- mittee.


The following amendment presented to above motion. Said amendment seconded and carried:


The following to be added to the proposed Town By-Laws as Article 40. (Town Engineer.)


Section 1. The Selectmen shall appoint an Engineer whose qualifications shall be those of "Grade E - Engineers and Chief Engineers," as provided by amendment to the revised Civil Service-Section 6, Chapter 19 of the revised Laws of the Com- monwealth, or of any equivalent revision in said laws.


Section 2. The Selectmen may appoint the Engineer for the Town for a period of three (3) years. Said Engineer shall perform all engineering work required by the Town.


Section 3. He shall have complete charge of the Engineer- ing Department and shall be fully responsible for all employees of the Engineering Department.


Section 4. The Engineer shall prepare specifications for grades, bounds and materials, depths of all streets, sidewalks, sewers and other construction hereinafter built or charged to the Town; he shall recommend to the Board of Selectmen and his recommendations, when approved, shall be binding upon all departments concerned. He shall inspect all work done un- der his specifications and shall be responsible for the fulfillment of all his requirements. He shall prepare maps or sketches of all Town property and shall be responsible to the Board of Selectmen for all Town maps, drawings and records pertaining to streets, sidewalks, sewer location and pipes, retained in his possession.


Section 5. In his Annual Report, he shall review the work done during the year and shall make recommendations which he may deem best for the welfare of the town.


Results of vote on Article 13:


(Count of hands by Moderator.) Affirmative 42 Negative 33


It's a vote.


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REVISED BY-LAWS OF THE TOWN OF SOUTHBRIDGE


Adopted by Town April 30, 1956 Approved by Attorney General June 6, 1956


Committee Members OSWALD J. LALIBERTE, Chairman ALFRED FERRON MITCHELL J. KURPOSKA JOHN O. MARTIN DANIEL W. MORRILL J. BELDEN SLY


ARTICLE I GENERAL PROVISIONS


Section 1. The By-Laws of the Town of Southbridge Adopted by the Town March 11, 1929 and approved by the Attorney General May 29, 1929 are hereby amended and sup- plemented with respect to their provisions dealing with Town Meetings; Town Seal; Finance Committee; Selectmen; Re- quirements in Town Contracts; Contracts by Town Officers; Competitive Bids; Streets; Sidewalks; Junk Dealers; Rubbish; Prosecutions and Penalties; Wiring Regulations; Plumbing Regulations, and Building Regulations.


Section 2. Any By-Law contradictory of or inconsistent with these By-Laws is hereby repealed.


Section 3. The repeal of a By-Law shall not thereby have the effect of reviving any By-Law theretofore repealed.


Section 4. The repeal of a By-Law heretofore adopted shall not affect any act done, ratified, confirmed or any right accrued or established or any action, suit or proceeding com- menced or had in a civil case, nor affect any punishment, penalty or forfeiture incurred under such By-Law, nor shall these By-Laws be retroactive.


Section 5. Any By-Law now in full force and effect and not contradictory of or inconsistent with these By-Laws is not changed or repealed by these By-Laws.


Section 6. Words and phrases specifying or naming any officer, board or committee of the Town, shall be construed as including the lawful successor, or the person or persons hav- ing the powers and performing the duties of such officer, board or committee.


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Section 7. When in a By-Law anything is prohibited from being done without the license or permission of a cer- tain officer, board or committee, such officer, board or commit- tee shall have the right to license or permit such thing to be done.


Section 8. Any or all of these By-Laws may be repealed or amended or other By-Laws may be adopted by the vote of two-thirds at any town meeting, an article or articles for that purpose having been inserted in the warrant for such meeting by the Selectmen.


ARTICLE II VOTING PRECINCTS


Disapproved by the Attorney General.


ARTICLE III TOWN MEETINGS


Section 1. The annual town meeting for the election of the Town officers shall be held on the First Friday of March of each year.


Section 2. All business of the annual town meetings, except the election of such officers and the determination of such matters as are required by law to be selected or deter- mined by ballot, shall be considered at an adjournment of such meeting to be held on the second Monday following the first Friday of March at 7:00 P. M. at a place or places des- ignated on the warrant by the Selectmen.


Section 3. Notice of every town meeting shall be given by publishing an attested copy of the warrant at least twice in a newspaper or newspapers regularly printed within the town and by posting such attested copies in at least six public places in the Town, not less than seven days before the day fixed for such meeting. Said warrant to be prepared by the Selectmen.


Section 4. In addition to the notifications required by the foregoing section, the Selectmen shall, at the annual town meeting for the election of officers, furnish a ballot of candi- dates, and at each Precinct voting place make available to the voters copies of the recommendations of the Finance Com- mittee with respect to the matters in the warrant for the adjourned Town Meeting to be held on the succeeding Mon- day. At every town meeting for the transaction of business, the Selectmen shall furnish for all attending voters, copies of the warrant together with the recommendations of the Finance Committee.


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Section 5. As soon as practicable after the adjournment of any town meeting, on a vote to adjourn to another day the clerk shall cause a brief statement of the day and hour to which the adjournment was voted and of the business remain- ing to come before the meeting, to be posted in at least six public places within the town, and if the period of adjourn- ment will permit, shall cause a similar notice to be published in a local newspaper.


Section 6. One hundred and fifty registered voters at any town meeting for the transaction of business shall con- stitute a quorum. A motion to adjourn shall not require a quorum.


Section 7. The moderator may appoint tellers, who shall permit only registered voters to enter any town meeting. The stage may be occupied under the direction of the moderator.


Section 8. Articles of the warrant shall be acted upon in the order in which they appear unless otherwise deter- mined by vote of the meeting.


Section 9. All motions requiring expenditure of money shall be presented in writing. Other motions shall be in writ- ing unless permitted by the moderator to be presented orally.


Section 10. If a motion is susceptible of division, it shall be divided and the question shall be put separately upon each part thereof, if seven registered voters so request.


Section 11. When a question is before the meeting, the following motions, namely: to adjourn; to lay on the table; for the previous question; to postpone to a time certain; to com- mit, recommit or refer; to amend; to postpone indefinitely; shall be received and shall have precedence in the foregoing order; and the first three shall be decided without debate.


Section 12. On proposed amendments involving sums of money, the larger or largest amount shall be put to the ques- tion first, and an affirmative vote shall be a negative vote on any smaller amount.


Section 13. Any person, who is not a registered voter, shall be admitted to a town meeting and shall be allowed to address a meeting only upon unanimous consent of the reg- istered voters at the meeting. Any person who is employed as an attorney or who represents another in any matter un- der discussion at a town meeting shall disclose the fact of his employment before speaking thereon.


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Section 14. When a question is put, the sense of the meeting shall be determined by a show of hands, and the mod- erator shall declare the vote as it appears to him. If the decision of the chair is doubted, or a division of the house is called for, the moderator shall request all persons in the house to be seated, and may appoint tellers. The question shall then be distinctly stated, and those voting in the affirmative and negative respectively, shall rise and stand in their places un- til they are counted by the moderator or tellers, if any. No person shall be counted who does not comply with the request to occupy a seat, if seats in the hall are available. If there are not available seats, those standing shall be counted separately by a show of hands.


Section 15. The meeting may order that the vote on any motion shall be taken by a "Yes or No" ballot in writing.


Section 16. No person shall speak more than once on any question to the exclusion of any other person who may desire to speak thereon, nor more than twice without first obtaining leave of the meeting, except, in either case, for the brief correction of an error in or misunderstanding of his previous statement.


Section 17. No person shall speak for more than ten minutes on any question unless his time shall be extended by vote of the meeting.


Section 18. No vote of the meeting shall be reconsidered unless notice of intention to ask for reconsideration shall have been given within one hour after the vote to which such no- tice relates has been passed. When a motion for reconsidera- tion is decided, that decision shall not be reconsidered, and no question shall be reconsidered more than once; nor shall any vote be reconsidered on a motion to adjourn, to lay on the table, or for the previous question.


Section 19. Whenever Town officials appoint individuals to serve on Town Committees or Boards, such appointing of- ficials shall immediately notify the Town Clerk in writing of the names of such appointed individuals.


Section 20. All committees shall report as directed by the town. If no report is made within a year after its appoint- ment, a committee shall be discharged unless, in the mean- time, the town shall have granted an extension of time.


Section 21. No motion the effect of which would be to dissolve the meeting, shall be in order until every article in the warrant therefor has been duly considered and acted upon, but this shall not preclude the postponement of considera- tion of any article to an adjournment of the meeting at a stated time and place.


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ARTICLE IV TOWN OFFICERS


Section 1. The Selectmen shall have the general direc- tion and management of the property and affairs of the town in all matters not otherwise provided for by law or these By-Laws.


Section 2. It shall be the duty of the Town Clerk im- mediately after every town meeting to notify in writing all members of committees who may be elected or appointed at such meeting, stating the business upon which they are to act and the names of the persons composing the committees, and also to notify in writing all officers, boards and commit- tees, of all votes passed at such meeting in any way affecting them.


ARTICLE V FINANCE COMMITTEE


Section 1. There shall be a Finance Committee consist- ing of fifteen registered voters of the town, no one of whom shall be a town official elected by ballot, or an appointed offi- cial receiving a salary. The Board of Selectmen shall appoint annually, five members to serve for a term of three years each. The members of this Committee shall serve without compensation.


Section 2. The term of office of said members shall com- mence on May 1st of the year of their appointment.


Section 3. Said Committee shall meet and organize be- fore June 1st of each year.


Section 4. Said Committee shall choose its own Chair- man and Secretary. Any unexpired term on said Committee shall be filled promptly by a majority vote of the members of said Committee. To this Committee shall be referred all ar- ticles of the Warrant calling for appropriations. The Com- mittee shall consider all matters proposed to be acted on at town meetings. It shall be the duty of the Selectmen after drawing the Warrant to transmit promptly a copy of the same to each member of the Finance Committee. The officers of the town shall furnish the Committee with facts, figures and inventories relating to the operation of their departments during the preceeding fiscal year and relating to their budget requests for the current fiscal year at least thirty days prior to the annual town meeting and any other information when-


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ever requested by said Committee. The Finance Committee shall report in writing or otherwise to all town meetings. The report to the annual town meeting for the transaction of business other than the election of officers shall be in writing.


Section 5. If any member is absent from five consecutive meetings of said Committee, except in case of illness, his posi- tion shall be deemed to be vacant and shall be filled as herein provided.


Section 6. In the discharge of its duty, said Committee shall upon request have free access to all books of record and accounts, bills and vouchers on which money has been or may be paid by the town, or any officer of the town in his official capacity.


ARTICLE VI SCHOOL COMMITTEE


Section 1. The School Committee shall consist of seven members elected for terms of three years each. At the an- nual election next following the adoption of these By-Laws there shall be elected three members for terms of three years each, and at each third annual election thereafter three mem- bers shall be elected for terms of three years each and at each other annual election two members shall be elected for terms of three years each.


ARTICLE VII FINANCIAL AFFAIRS


Section 1. An audit of the accounts of the town shall be made annually under the supervision of the state division of accounts as provided by section thirty-five of Chapter Forty- four of the General Laws.


Section 2. Each officer, board or committee authorized to spend money shall, on or before December twentieth of each year, transmit to the town accountant all unpaid bills outstanding as of that date.


Section 3. No officer, board or committee having the disbursement of an appropriation shall make purchases of sup- plies or materials or contract for services to be rendered the town without issuing a written purchase order therefor on prescribed forms; provided, however, that the provisions of this section shall not apply to the salaries or wages of officers and persons regularly or temporarily employed by the town. Copies of all purchase orders are to be designated for


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and delivered to the town accountant; provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed Twenty- five Dollars. All verbal orders shall be confirmed in writ- ing on the prescribed purchase order forms on the day the orders are given and transmitted immediately to the town accountant to be so certified and recorded.


Section 4. The town accountant shall prescribe the methods of accounting and the forms to be used by the several officers, boards and committees of the town pertaining to their receipts and disbursements, and shall provide that such methods and forms shall conform to the requirements pre- scribed by law or any rules or regulations made thereunder.


Section 5. The Town Collector shall collect, all accounts due the town except interest on investments of trust funds.


Section 6. All accounts coming due the town shall forth- with be committed by the several officers, boards and com- mittees of the town to the town collector, together with all available information in relation thereto.


Section 7. If it shall seem advisable to the town collector that suit shall be instituted on behalf of the town for the es- tablishment or collection on any account due the town, he shall so notify the selectmen, and he shall report to them from time to time, as they may direct, upon all uncollected accounts in his hands. The selectmen shall take such action with respect to all such accounts as they deem expedient and con- sistent with the interests of the town.


Section 8. The town collector shall, at least once in each week, pay over to the town treasurer all money received by him on every such account, including any sums received as interest on moneys received by him on such accounts and de- posited in any bank.


Section 9. Every officer shall on or before the tenth of each month pay into the treasury of the town all amounts received by him during the preceding month on behalf of the town except as otherwise provided by law and shall make a true return thereof to the town accountant, stating the ac- counts upon which such amounts were received.


ARTICLE VIII CONTRACTS BY TOWN OFFICERS


Section 1. No officer of the town shall in his official capacity make or pass upon or participate in making or pass-


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ing upon, any sale, contract or agreement or the terms or amount of any payment in which the town is interested and in which such officer has any personal financial interest, direct or indirect.


Section 2. No town officer and no salaried employee of the town, or any agent of any such officer or employee, shall receive any compensation or commission for work done by him for the town, except his official salary and fees allowed by law, without the permission of the selectmen expressed in a vote which shall appear on their records with the reasons therefor.


Section 3. No contract involving an obligation of the town in excess of Twenty-five Dollars shall be binding upon the town unless it is in writing and is signed by at least a majority of the board or committee duly authorized or having control of the appropriation against which such obligation is incurred; and such board or committee shall make a record of every such contract in a book which shall be the property of the town.


Section 4. Every contract exceeding One Thousand Dol- lars shall be accompanied by a suitable bond for the perform- ance of the same, or by the deposit of money or security to the amount of such bond if so requested by the officer or board authorized to make the contract.


Section 5. No board or officer shall make any contract in behalf of the town, the execution of which shall extend beyond one year from the date thereof, except as otherwise provided by law, unless specific authority to do so has been given by vote of the town.




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