USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1962-1966 > Part 60
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SECTION 18. A moderator shall be elected by ballot at the annual town meeting when the term of office of a moderator expires, and he shall serve at all town meetings, except as otherwise provided by law, until a successor is elected and qualified. The nomination and election of a moderator shall be the same as for other elective town officers. If the moderator is absent, a moderator pro tem may be elected by the repre- sentative town meeting members.
SECTION 19. The articles in the warrant for every town meeting which relate to the election of a moderator, town offi- cers, and representative town meeting members and to refer- enda and all matters to be acted upon and determined by ballot, shall be acted upon and determined by the registered voters of the town in their respective precincts. All other articles shall be acted upon and determined exclusively by the representative town meeting members at a meeting held at a time and place specified by the selectmen in the warrant for the meeting, sub- ject to a referendum as herein provided.
SECTION 20. The town clerk shall post notices of the time and place at which meetings are to be held in accordance with the General Laws and the town by-laws at least seven days before the meeting. Notice of an adjourned meeting shall be
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posted as soon as practicable following the dissolution of the meeting from which adjournment is taken.
SECTION 21. The members shall receive no compensa- tion for serving as members of the representative town meet- ing. A majority of the members shall constitute a quorum for the transaction of business. A lesser number may organize tem- porarily and may adjourn from time to time but a meeting shall not adjourn beyond the date of an election of representa- tive town meeting members.
SECTION 22. There shall be no vote taken at any town meeting by secret ballot. Upon motion by a town meeting mem- ber, duly made and seconded, with at least ten per cent of the representative town meeting members, present and voting in favor thereof, a roll call vote shall be taken on any issue which may properly come before the town meeting.
SECTION 23. The representative town meeting may ap- point such committees as it may consider necessary to investi- gate and report on any matters referred to them and to make a recommendation thereon, but no such committee shall have any executive or legislative powers and all matters shall be determined by the representative town meeting members.
SECTION 24. All representative town meetings shall be open to the registered voters of the town. Any registered voter of the town who is not a town meeting member may speak upon any matter at such a meeting, but he shall have no vote.
SECTION 25. The following votes of a representative town meeting shall not be operative until the expiration of seven days, exclusive of Sundays and holidays, from the dis- solution of the meeting; (a) authorizing the expenditure of five thousand dollars or more as a special appropriation; (b) estab- lishing a new board or office; (c) abolishing an old board or office; (d) merging two or more boards or offices; (e) fixing the term of office of town officers where such term is optional ; (f) increasing or reducing the number of members of the board; (g) adopting a new by-law; (h) amending or repealing an existing by-law.
SECTION 26. If within such period of seven days from the dissolution of a town meeting, a petition signed by not less
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bridge all rights by proper instruments, or act anything there- on.
On motion of Finance Committee, duly seconded, it was VOTED: (Overwhelmingly) In the affirmative for $2,- 650.77.
Article 44. To see if the Town will vote to raise and ap- propriate, borrow or transfer the sum of Three Hundred Ninety ($390.00) Dollars, for labor and equipment to clear tree branches now obstructing street lights on various town streets, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $300.00.
Article 45. To see if the Town will vote to raise and ap- propriate, borrow or transfer the sum of Seven Thousand ($7,000.00) Dollars, to complete work on extensive tree break- age caused by the December 4 and 5 ice storm; to remove broken and twisted limbs and split sections of trees; badly damaged trees over streets, walks, and roads jeopardizing public safety. Said sum would include work on all town owned trees such as at Schools, Parks, Oak Ridge Cemetery, or act anything thereon.
On motion of Finance Committee, duly seconded, it was
VOTED: In the affirmative for $4,500.00 out of funds voted under Article 37 of the Annual Town Meeting held March 11, 1963, which said funds were used in conjunction with funds allocated under Chapter 718 for the reconstruction of Crystal Street.
Article 46. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of Four Hundred Sixty ($460.00) Dollars to buy and plant 20 shade trees where trees have been removed, and on new streets. If tree or trees are planted on private land, said owner or owners of land will release to the Town all their rights by proper instrument, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $460.00.
Article 47. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of Four Hundred
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Seventy-Five ($475.00) Dollars, to fertilize 20 trees on main streets to improve their condition and appearance, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $475.00.
Article 48. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of One Thousand Five Hundred ($1,500.00) Dollars for Mosquito Control, said sum to be used for insecticide, labor and equipment, to apply insect- icide to swamps and low areas containing collections of water to prevent further breeding, or act anything thereon.
On motion of Finance Committee, duly seconded, it was
VOTED: In the affirmative for $1,000.00 out of the funds voted under Article 48 of the Annual Town Meeting held March 16, 1964.
Article 49. To see if the Town will vote to raise and appropriate, borrow or transfer a sum of money to build a tennis court at Eastford Road School and also a tennis court at Morris Street Field, or act anything thereon.
Finance Committee's motion, duly seconded.
In the affirmative for $7,000.00, with work to be done by the Highway Department under the supervision of the Town Engineer.
Mr. Lucien Duff presented the following substitute motion and it was duly seconded but defeated.
That $5,000.00, with work to be done by contract.
Finance Committee's motion carried :
VOTED: (Overwhelmingly) In the affirmative for $7,- 000.00, with work to be done by the Highway Department under the supervision of the Town Engineer.
Mr. E. Ryan questioned the moderator. What is the at- tendance at this time? (Time: 10:05) The moderator replied: "270."
At this time, the moderator announced: "That we had two guests. The Sturbridge moderator, Mr. Atwood and Robert Reopel. Mr. Reopel is a student of Quinsigamond College. It is a pleasure to have them with us."
Article 50. To see if the Town will vote to raise and appropriate, borrow or transfer a sum of money for the pur-
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pose of piping water from the Second Reservoir to the First Reservoir, to install necessary feeders, to cement bottom of pool, and do appurtenant work necessary to bring about com- plete clarification of water in Town Swimming Pool, and fur- ther to see if the Town will vote to authorize the Board of Selectmen to purchase or take by eminent domain land ease- ments necessary for the installation of pipe from the Second Reservoir to the First Reservoir, a distance of approximately one thousand (1,000) feet, and to see if the Town will vote to raise and appropriate, borrow or transfer the sum of $100.00 to pay for land damages, or act anything thereon.
On Finance Committee's motion, duly seconded, it was VOTED: Indefinite postponement.
Article 51. To see if the Town will vote the following resolution :
Resolution authorizing filing applications with the United States of America for an advance to provide for the planning of public works under the terms of Public Law 560, 83rd Con- gress of the United States, as amended.
Whereas, the Town of Southbridge, after thorough consid- eration of the various aspects of the problem and study of available data, has hereby determined that the remodeling and/ or the construction of a new town administration building, is desirable and, in the public interest and to that end, it is necessary that action preliminary to the construction of said works be taken immediately; and
Whereas, under the terms of Public Law 560, 83rd Con- gress as amended, the United States has authorized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works, and
Whereas, the Town has examined and duly considered such act and the Town considers it to be in the public interest and to its benefit to file an application under said act and to autho- rize other action in connection therewith;
Now, therefore, be it resolved, by the Town Meeting as- sembled of the Town of Southbridge, as follows: 1. That the construction of said public works is essential to and is to the best interests of the Town, and to the end that such public works may be provided as promptly as practicable,
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it is desirable that action preliminary to the construction there- of be undertaken immediately;
2. That the Chairman of the Board of Selectmen be hereby authorized to file, in behalf of the Town, an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the Town to aid in defraying the cost of plan preparation for the above-described public works, which shall consist generally of final plans and specifications :
3. That if such advance be made, the Town shall provide or make necessary arrangements to provide such funds, in addi- tion to the advance, as may be required to defray the cost of the plan preparation of such public works;
4. That said Chairman of the Board of Selectmen is hereby authorized to furnish such information and take such action as may be necessary to enable the Town to qualify for the advance;
5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the Town for the purpose of furnishing to the United States such information, data and documents pertaining to the application for an advance as may be required; and otherwise, to act as the authorized representative of the Town in connection with this application ;
6. That certified copies of this resolution be included as part of the application for an advance to be submitted to the United States.
On motion of Finance Committee, duly seconded, it was
VOTED: (Unanimously) To authorize the Selectmen to file the necessary applications with the United States of America for an advance to provide for the planning of public works under the terms of Public Law 560, 83rd Congress of the United States, as amended.
Article 52. To see if the Town will vote to raise and ap- propriate, borrow or transfer a sum of money to prepare plans and to remodel the existing Town Hall building and parking facilities, said sum to cover all related costs including, but not limited to, architectural, engineering, construction, and origin- ally equipping and furnishing the aforesaid remodeled Town Hall for the purpose of furnishing space to provide for the projected requirements of each and every department and
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determine whether the money shall be provided from available funds, by taxation, and by borrowing under authority of Chap- ter 44 of the General Laws, as amended, and that the Board of Selectmen be empowered to enter into all contracts and agreements necessary to construct, equip and furnish the aforesaid remodeled Town Office building and parking facilities, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: Indefinite postponement due to lack of infor- mation.
Article 53. To see if the Town will vote to raise and ap- propriate, borrow or transfer a sum of money to prepare plans and to erect a new two (2) story Town office building and park- ing facilities, said building to be built from the easterly line of Elm Street, easterly to the present Town Hall building, and for the removal of a portion of the existing Town Hall, said sum to cover all related costs including, but not limited to, architec- tural, engineering, construction, and originally equipping and furnishing the aforesaid office building for the purpose of furnishing space to provide for the projected requirements of each and every department and determine whether the money shall be provided from available funds, by taxation, and by borrowing under authority of Chapter 44 of the General Laws, as amended, and that the Board of Selectmen be empowered to enter into all contracts and agreements necessary to construct, equip, and furnish the aforesaid Town office building and park- ing facilities, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: Indefinite postponement due to lack of infor- mation.
Article 54. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of $4,500.00 to hire a professional consulting firm to advise and assist the South- bridge Redevelopment Authority in developing an urban renewal program for Southbridge.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $4,500.00.
*** Article 55. The moderator requested that action be deferred on this article and that we continue with Article 56 to Article 59.
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On motion of J. J. O'Shaughnessy, duly seconded, it was VOTED: That Article 55 be acted upon after Article 59.
Article 56. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of $5,000.00 to the Land Damage Account, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $5,000.00.
Article 57. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of $1,000.00 to the Land Damage Appraisal Account, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $1,000.00.
Article 58. To see if the Town will vote in accordance with Section 22B and 22C of Chapter 40 of the General Laws to authorize the Board of Selectmen to lease for a period of one year from the first day of April, 1965, property located at the corner of Main and Goddard Streets, owned by Martin Realty Co., of Auburn, Inc., to be used for off-street parking upon such terms and conditions as the Board of Selectmen might determine and to raise and appropriate, borrow or trans- fer a sufficient sum of money to cover the cost of such lease, public liability insurance and the cost of policing and main- taining said areas, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative for $2,000.00.
Article 59. To see if the Town will vote to authorize the Selectmen to make appropriate application to the Housing and Home Finance Agency, or any other Federal or Public Agency, or to any private fund or foundation, for a sum of money to be used together with money to be appropriated by the Town and funds to be made available by the Trustees of the Jacob Edwards Memorial Library, for the purpose of con- structing an addition to the library, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to authorize the Selectmen to make necessary applications.
Article 4. To see if the Town will authorize the Board
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of Assessors to use a certain sum of free cash in the Treasury in computing the tax rate for 1965, or act anything thereon.
Finance Committee's motion, duly seconded.
That the sum of $140,000.00 from the free cash in the Treasury be used by the Board of Assessors in computing the tax rate for 1965.
On substitute motion of R. C. Arpin, Assessor, duly sec- onded it was
VOTED: (Unanimously) That the sum of $160,000.00 from the Free Cash in the Treasury be used by the Board of Assessors in computing the tax rate for 1965.
Article 55. To see if the Town will vote to amend tho zoning by-laws map to change the existing Retail Business District to a Light Industry District as follows:
Beginning at the northerly side of Hartwell Street and the westerly side of Elm Street, thence running northerly along Elm Street to a private road; thence running westerly along said private road and extension of it to the easterly side of Chapin Street; thence southerly along the easterly side of Chapin Street to the northly side of Hartwell Street; thence easterly along the northerly side of Hartwell Street to the point of beginning, or act anything thereon.
Finance Committee's recommendation: Referred to the Town Meeting.
The moderator did inform the inhabitants that this article would require a 2/3 vote.
Mr. Albert Proulx questioned the legality of article 55 in warrant. He stated: "A legal notice did not appear in the local newspaper in reference to a public hearing on Article 55."
The Town Counsel ruled that the article did conform to the laws.
Recommendation of Planning Board submitted and read by moderator.
On motion of Planning Board, duly seconded, it was
VOTED: To change the Zoning Map and Zoning by-laws by changing the existing Retail Business District to a Light Industry District as follows:
Beginning at the northerly side of Hartwell Street and the westerly side of Elm Street ;
Thence running northerly along Elm Street to a private road;
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Thence running westerly along said private road and ex- tension of it to the easterly side of Chapin Street;
Thence southerly along the easterly side of Chapin Street to the northerly side of Hartwell Street;
Thence easterly along the northerly side of Hartwell Street to the point of beginning, meaning and intending to include all the property on this site owned by Hartwell Corporation (Mosaic Fabrications Company.) A standing count taken: 297 in favor and 11 opposed. On motion of R. Harwood, duly seconded, it was VOTED: To dissolve this meeting at 11:05 P.M.
Attest: Clare P. Boyer, Town Clerk
Re .: Article 55.
On March 23, 1965 PM 12:03 I received from the South- bridge Planning Board three (3) marked Zoning maps and two (2) copies of Report of Public Hearing held November 30, 1964 relevant to Article 55 of the Annual Town Meeting of March 15, 1965. Attached to foregoing copies "Legal Notice of No- vember 30, 1964 meeting."
On September 30, 1965 I forwarded to the Attorney General, Edward W. Brooke, Esq., necessary material relevant to the Zone amendment.
Boston, Mass. October 5, 1965
Foregoing amendment to zoning by-laws adopted under Article 55 is hereby DISAPPROVED.
s/Edward W. Brooke.
Boston, Mass. October 5, 1965
The within zoning map is hereby DISAPPROVED.
(Art. 55)
s/Edward W. Brooke.
Received the Attorney General's DISAPPROVALS Octo- ber 7, 1965.
Office of Town Clerk Town of Southbridge
Attest: Clare P. Boyer, Town Clerk
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THE COMMONWEALTH OF MASSACHUSETTS
August 16, 1965
In accordance with the requirements of General Laws, Chapter 41, section 19a (Acts of 1933, Chapter 70), I certify that Claire Y. Coughlin was appointed to the office of Assistant Clerk of the Town of Southbridge on August 16, 1965, for the term of office expiring on March 4, 1966, and that said clerk has qualified by taking the oath of office.
s/CLARE P. BOYER Appointing Officer August 16, 1965.
I hereby certify that I have entered upon the duties of Assistant Clerk of the Town of Southbridge.
s/CLAIRE Y. COUGHLIN (my official signature)
Copies of foregoing mail to: Secretary of the Commonwealth Dept. of Corporations & Taxation
(Bond filed with Dept. of Corps. & Tax.) Attest : s/Clare P. Boyer, Town Clerk
SPECIAL TOWN MEETING
September 13, 1965
Meeting was called to order by Moderator Willard R. Stark at 8:15 P.M.
He made the following announcements:
"Relevant to the by-laws of the town Article 111 Town Meetings, Section 6, the moderator, town clerk and only one voter would constitute a quorum."
"At the Annual Town Meeting it is usually the custom to use the Voting Lists and no one may be admitted unless he is a registered voter. This procedure is expensive. At the special town meetings this count is not done. However, I assume that you are all registered voters in this hall this evening. There- fore, if you find that you neighbor is not, it is your duty as a citizen to notify me."
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He requested that those standing in the rear of the hall should be seated.
VOTED: That the reading of the warrant by the Town Clerk be dispensed with.
Officer's return on Warrant was read by Town Clerk, Clare P. Boyer.
Before action was taken on articles the moderator did announce: "Recommendations of the Finance Committee are to be considered as motions and said motions duly seconded. Substitute motions may be presented from the floor. Recom- mendations of the Finance Committee are available."
"Please refrain from personalities."
Article 1. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of nineteen thousand dollars ($19,000.00) for the Hydrants' Account to cover the increase in costs for public fire hydrant protection for the current year, or act anything thereon.
Finance Committee's motion (as printed in their recom- mendations) Indefinite postponement.
Mr. L. Ciprari presented the following substitute motion :
To transfer $2,000.00 from the Excess and Deficiency Account and that said sum be added to balance of March ap- propriation to meet October 1st billing for fire protection serv- ices to October 1st.
It was duly seconded, it was
VOTED: To transfer $2,000.00 from the Excess and Deficiency Account and that said sum be added to balance of March appropriation to meet October 1st billing for fire pro- tection services to October 1st.
Article 2. To see if the Town will vote to raise and ap- propriate, borrow or transfer the sum of four hundred fifty dollars and sixty cents ($450.60) to reimburse the Town Ac- countant's salary account for four weeks vacation paid to the former Town Accountant (Leon A. Caron) upon his retire- ment, or act anything thereon.
On motion of Finance Committee, duly seconded, it was VOTED: In the affirmative to transfer the sum of $450 .- 60 from the Excess and Deficiency Account.
Article 3. To see if the Town will vote to raise and appropriate, borrow or transfer the sum of three thousand
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two hundred and nine dollars and thirty-eight cents ($3,209.38) for the Non-contributory Retirement System for the pension allowance payable to Mr. Raymond L. W. Benoit, for the bal- ance of 1965, who retired June 30, 1965 under Chapter 490, Sections 1, 2 and 3 of the Acts of 1961, or act anything thereon.
Finance Committee's motion: Indefinite postponement. Duly seconded.
The following substitute motion presented by Vincent Walsh. It was seconded.
To raise and appropriate, borrow or transfer the sum of three thousand two hundred and nine dollars and thirty-eight cents for the Non-contributory Retirement System for the pen- sion allowance payable to Mr. Raymond L. W. Benoit, for the balance of 1965, who retired June 30, 1965 under Chapter 490, Sections 1, 2 and 3 of the Acts of 1961, said sum to be trans- ferred from the Excess and Deficiency Account.
Mr. Walsh a member of the Southbridge Retirement Board stated "that said pension was mandatory."
The Town Counsel did rule that it was mandatory.
The question was asked: "When did it become manda- tory?"
The moderator was requested to read Chapter 490, Sec- tions 1-2-3. So done.
S. A. Caprera, Esq., a member of the Board of Selectmen stated the Board of Selectmen accepted and adopted Chapter 490 of the Acts of 1961. Therefore it is compulsory legislation and if payment is not made Benoit's only recourse would be to bring suit against the town. He further stated that it would be possible for the town to contact representatives in legislature with the view to withdrawing from future participation in the system."
A member of the Finance Committee said: "I am aware that this is compulsory legislation but I am still in favor of making this a court case."
The moderator informed the voters now we shall vote on the substitute motion.
On a hand count it was overwhelmingly defeated.
Finance Committee's motion carried :
VOTED: (Overwhelmingly) Indefinite postponement.
Article 4. To see if the Town will vote to transfer the sum of five hundred dollars ($500.00) from the Police Department
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Salary Account, Regular Patrolmen Division to the Special Medical Account, or act anything thereon.
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