USA > Massachusetts > Barnstable County > Harwich > Town annual reports of the selectmen and overseers of the poor of the town of Harwich 1949 > Part 3
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Section 12. Penalty.
Any person or persons violating any of the provisions of this By-Law shall be fined not more than twenty dol- lars for each offense. Each day that such violation con- tinues shall constitute a separate offense.
Section 13. Building Inspector.
(A). The Board of Selectmen shall within one week after the acceptance of this By-Law and thereafter an- nually, in March, and subsequent to the Annual Town Meeting, appoint an inspector of Buildings to hold office for the term of one year from the first of April follow- ing, and until his successor is appointed and qualified.
(B). The person appointed and qualified to act as inspector shall receive such salary of compensation as shall be fixed by the Board of Selectmen within the ap- propriation for the inspection of buildings and no other fees or compensation shall be allowed or paid to him.
(C). He shall be under the supervision of the Board of Selectmen, and he shall be subject to such rules and regulations as they may prescribe for the proper con- duct of this office. He shall submit an anuual report in
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January of each year of the work of his office for pub- lication in the Town report.
(D). The Inspector of Buildings shall make inspec- tions of all building operations within this Town and he may, for these purposes, enter upon the premises where such operations are carried on, at all reasonable times, and shall report to the Board of Selectmen all vio- lations of this ordinance, or of the condition of any per- mit issued.
(E). The Building Inspector, in the name of the Town, may take measures as public safety requires to carry this By-Law in effect.
Section 14. Fees.
The fee for each permit shall be $1.00.
Article 74. To see if the Town will vote to appropri- ate a sufficient sum for building inspection for the year 1950, amount to be left to the discretion of the Board of Selectmen and Finance Committee.
Article 75. To see if the Town will vote to amend its By-Laws by accepting and adopting the following sec- tion :
BUILDING PERMITS
Section 1. Before any person erects a building of any nature within the Town of Harwich, or remodels and alters any building, there shall be submitted to the Board of Selectmen a request for a permit to proceed with the construction. No construction shall be started until the Selectmen have granted such permit. There shall be a charge of one dollar ($1.00), for each permit.
Section 2. Any person or persons violating this By- Law shall be fined not more than twenty dollars ($20 .- 00).
Article 76 To see if the Town will vote to accept the report of the committee on revision of the By-Laws of the Town, and accept and adopt the amended By-Laws hereby submitted by said committee, and to act fully thereon.
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By-Laws of The Town of Harwich
ARTICLE I
Town Meeting
Section 1. The annual town meeting shall be held on the first Monday of March.
Section 2. All warrants for town meetings, whether annual or special, shall be served by a constable by posting attested copies in each post office in said town not earlier than fourteen days nor later than seven days before the meeting and by printing a like copy in one or more newspapers published in said town.
Section 3. All articles to be inserted in the annual town warrant shall be presented in writing to the Selectmen not later than January 10th, previous to the annual town meeting. All articles for a special town meeting shall be presented in writing to the Selectmen two weeks before the special town meeting.
Section 4. A quorum for an annual or special town meeting shall be not less than five per cent of the registered voters, but any special town meeting for the sole purpose of transfer of funds, fifty registered voters shall constitute a quorum.
Section 5. The fiscal year shall end on the 31st day of December.
ARTICLE II Procedure at Town Meeting
Section 1. During the legislative sessions of town meeting the floor shall be occupied solely by registered voters, and it shall be the duty of the moderator during the polling of questions to clear the floor of all non- voters.
Section 2. All motions and amendments shall be in writing when required by the moderator.
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Section 3. Reports of all committees shall be in writing.
Section 4. No one but the moderator shall interrupt another while speaking, except to call him to order.
Section 5. No motion moved, seconded and stated can be withdrawn without a motion to that effect.
Section 6. No one shall speak on the same question more than twice, nor longer than ten minutes, without leave of the meeting.
Section . 7. When a vote decided by the moderator is questioned, it shall be made certain by the voters of either side, rising and standing until counted by the moderator or by tellers appointed by him.
Section 8. No one shall move reconsideration of any vote unless he voted in the majority, said motion to be made within thirty minutes of the passage of said vote. The Town Clerk shall note in writing the time of the passage of said vote and also the time when the motion of reconsideration was made.
Section 9. The duties of a moderator, not specially provided by law or by these by-laws, shall be deter- mined by the rules of practice contained in Cushing's Manual of Parlimentary Practice, so far as the same is applicable to a town meeting.
ARTICLE III Finance Committee
Section 1. The town shall have a finance committee, appointed by the moderator, in open town meeting and to consist of nine members, three to be appointed every year for a term of three years, and no one of said com- mittee shall be a holder of elective or appointive town office at or during his term of appointment.
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Section 2. It shall be the duty of the finance com- mittee to consider the annual estimates and expendi- tures of all departments and officers of the town and submit a budget at the annual town meeting with such explanations as they deem necessary. They shall also consider all articles in the annual and special town meeting warrants and shall make such recommenda- tions as it deems best for the interest of the town.
Section 3. The report of the finance committee shall be published at least once before the annual town meeting in the Town newspaper.
ARTICLE IV Town Clerk
Section 1. The town clerk shall notify in writing all committees appointed at the annual town meeting of, their appointment.
Section 2. After every annual or other town meet- ing, at which any money is voted to be raised, the clerk. shall make a list of the sums voted expressing therein the particular purposes to which they are to be applied, and deliver the same to the Selectmen.
Section 3. The town clerk shall make an annual report, including his record of the annual town meeting and all special meetings held during the year for which the report is made.
Section 4. The town clerk shall keep and cause to be permanently bound, one or more files of the town reports.
ARTICLE V Town Treasurer
Section 1. The Treasurer shall be the custodian of all deeds, bonds, and insurance policies belonging to the town, except that the bond of the Treasurer shall be in the custody of the Selectmen.
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Section 2. The Treasurer shall make an annual re- port which shall contain a statement of the amount of money received and paid out by him during the year.
Section 3. The payment of all moneys by the Treasurer, shall be made by the order of the Selectmen or a majority of them, in writing, which shall indicate the appropriation from which the money is to be paid, but no order shall be drawn by the Selectmen and no orders paid by the Treasurer for any purpose not obli- gatory by law or not determined by the town.
ARTICLE VI Selectmen
Section 1. The Selectmen shall have full authority as agents of the town acting upon advice of the town counsel, to settle any claims or suits against the town which in their judgment cannot be successfully defen- ded, when the sum to be paid does not exceed fifty dollars. Any settlement requiring the payment of a sum greater than fifty dollars, except as authorized by law, shall be made only when authorized by the voters at a town meeting.
Section 2. The Selectmen shall report to the annual town meeting the financial condition of the town at the close of the fiscal year preceding such meeting. Said report shall state what expenditures have been made; what balance of appropriations, if any, remain un- expended and shall contain the warrant for the next annual town meeting.
Section 3. The Selectmen may appear in the in- terest of the town, either personally or by the town counsel, before any court, committee of the legislature, or any state or county board or commission; they shall have full authority as agents of the town, acting upon the advice of the town counsel, to institute and prose- cute any or all necessary suits and proceedings in favor of the town, and to appear and defend any and all suits and legal proceedings against or involving the town's interest.
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ARTICLE VII Town Counsel
Section 1. The Selectmen shall annually appoint a town counsel, who shall be an attorney and counsellor at law and a resident of the town, and who shall hold office for the term of one year from the first day of April until his successor is appointed and qualified. He shall receive such compensation as the Selectmen may determine, subject to the appropriation of the town therefor.
Section 2. The town counsel shall act as legal ad- visor and counsellor to the town and all its Depart- ments.
ARTICLE VIII General Provisions
Section 1. All elective and appointive officers and committees shall make a written report to the town and such report shall be embodied in the annual town re- port. Such a report shall be itemized to the extent of showing at least the amount of money, goods, refunds, credits or real estate abatements, received by such per- sons from the town excepting such amounts as prohibi- ted by law to be published.
ARTICLE IX Licenses
Section 1. No person shall obstruct or excavate any public way with out first obtaining a license therefor. The surveyor of highways or other official having charge of the streets and highways of the town may, upon written application therefor, grant licenses in writing for the obstruction or excavating of any part of any street or highway or for such excavating as may be required for the purpose of erecting, repairing, alter- ing or removing any building or structure or for the laying of drains, gas pipes, water pipes, electric con- duits or for any purpose which to him may seem rea- sonable and proper. And such official in charge of the streets and highways shall require any person, firm or corporation acting under any such license to make re-
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pair of any damage that may be done to any part of the highway resulting therefrom, and such repair shall be at the expense of the licensee and to the satisfaction of the surveyor of highways or other official in charge of the streets and highways; except, that the Water De- partment of the Town of Harwich shall not be required to obtain such license or make such repair in connec- tion with the installation of water services from its mains or in connection with emergency repairs, but such license shall be required for the installation or extension of mains in the water system of the Town of Harwich. The official having charge of the streets and highways shall require every licensee under this section to execute such indemnity bond, and with such sureties and in such sum which to him may seem reasonable and proper and all such bonds shall be approved as to form by the town counsel prior to execution.
Section 2. No person shall engage in the collection of junk or second hand commodities within the town or engage in the business of junk dealer or second hand commodity dealer without first obtaining a license from the Board of Selectmen; and the Board of Select- men shall make such rules and regulations governing the collection of such junk and second hand commodi- ties and junk dealers and second hand commodity dealers as may be reasonable and proper and any licensee so licensed by the Board of Selectmen under this section, who shall violate any of the rules or regu- lations made by the Board of Selectmen pursuant to this section, shall be subject to such penalties as are hereinafter provided; also the Selectmen may revoke such license for any violation at their pleasure.
Section 3. No person shall engage in the collection of garbage, rubbish or offal without first obtaining a license from the Board of Health from the town and all such licensees shall comply with all the rules and regu- lations of the Board of Health, and any violation there- of shall be punished as hereinafter provided, or as may be provided by regulations of the Board of Health, and such licenses may be revoked by the Board of Health for any violation of its regulations.
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Section 4. No person shall dump any rubbish or refuse on any land within the Town without a permit from the owner, and in no case within one hundred feet from a highway, except where a permit is given by the Board of Health.
Section 5. No person shall dump or cause to be dumped in any Dumping Ground maintained by the Town, any rubbish or other material brought from without the limits of the boundaries of the Town of Harwich.
Section 6. Whoever violates Sections 1, 2, 3, 4 and 5 of this Article, shall, except where a different provision is made by the laws of the Commonwealth, forfeit to the use of said Town of Harwich, a sum not exceeding twenty dollars, as a fine; such fine, however, not to act as a bar to an action of tort.
ARTICLE X Amendments
Section 1. These by-laws may be altered, amended or repealed by a majority vote at an annual town meet- ing of the town, or by a two-thirds vote at a special town meeting, but in no case unless the particular by- law to be altered, repealed or amended is specified in the warrant calling the meeting.
Article 77. To see if the Town will vote to transfer the following unexpended balances of special appropria- tions to surplus revenue :
Repairs to Fire Station
$ 11.81
Repairs to Engines No. 1 and No. 2
20.90
Resurface Kendrick Road .97
Drainage work - corner Pleasant and Cross Streets, Harwich Port 168.15
Street Lights - Parking Lot, Harwich Port 34.75
Acceptance - Harbor View Road 25.28
Acceptance - Nickerson Court 25.28
Acceptance - Wah-Wah-Tay-See Road 2.00
Laying out Pleasant Road 26.75
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Laying out Shore Road 39.25
Laying out River Road 12.00
Laying out Grey Neck Road 6.75
Building for Road Equipment
5.32
Town Dock - Round Cove 106.97
Painting Exterior and Repairs to Brooks Block
257.18
Hereof fail not and make returns of this Warrant with your doings thereon at the time and place of said meet- ing.
Given under our hands the ninth day of January 1950.
CHARLES D. HOLMES HOWARD C. CAHOON EMULOUS E. HALL Selectmen of Harwich.
A true copy :
Attest: ISAIAH KELLEY, Constable.
Constable
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Collector of Taxes Report 1949
PERSONAL PROPERTY TAXES - 1948
Outstanding January 1, 1949
$701.56
Payments to Treasurer $659.98
Abatements 41.58
$701.56
PERSONAL PROPERTY TAXES - 1949
Commitments as per Warrants $30,457.76
Refunds 19.00
$30,476.76
Payments to Treasurer $28,562.20
Abatements 907.94
Outstanding December 31, 1949 1,006.62
$30,476.76
REAL ESTATE TAXES -1947
Outstanding January 1, 1949
$111.78
Payments to Treasurer $111.78
$111.78
REAL ESTATE TAXES - 1948
Outstanding January 1, 1949 $24,840.68
Refunds 16.50
$24,857.18
Payments to Treasurer
$24,402.65
Abatements 248.61
Tax Titles Taken
205.92
$24,857.18
REAL ESTATE TAXES - 1949
Commitments as per Warrants Refunds 627.10
$344,604.84
$345,231.94
Payments to Treasurer $312,703.32
Abatements 3,739.20
Added to Tax Titles 258.40
Outstanding December 31, 1949 28,531.02
$345,231.94
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POLL TAXES - 1948
Outstanding January 1, 1949
$16.00
Payments to Treasurer $4.00
Abatements 12.00
$16.00
POLL TAXES-1949
Commitments as per Warrants Refunds
$2,080.00
6.00
$2,086.00
Payments to Treasurer
$1,788.00
Abatements
288.00
Outstanding December 31, 1949
10.00
$2,086.00
MOTOR EXCISE TAXES - 1948
Outstanding January 1, 1949
$1,161.68
Commitments as per Warrant
133.41
Refunds 6.67
$1,301.76
Payments to Treasurer
$1,208.03
Abatements 93.73
$1,301.76
MOTOR EXCISE TAXES - 1949
Commitments as per Warrants Refunds 212.26
$21,184.85
$21,397.11
Payments to Treasurer
$19,486.69
Abatements 698.87
Outstanding December 31, 1949 1,211.55
$21,397.11
MOTH ASSESSMENTS - 1948
Outstanding January 1, 1949 $14.65
Payments to Treasurer $14.65
$14.65
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MOTH ASSESSMENTS -1949
Commitments as per Warrant
$355.20
Payments to Treasurer $306.95
Abatements 2.00
Outstanding December 31, 1949
46.25
$355.20
Respectfully submitted,
LESLIE V. NICKERSON
Collector of Taxes
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Report of State Auditor
To the Honorable Board of Selectmen, Mr. Charles D. Holmes, Chairman Harwich, Massachusetts
Gentlemen,
I submit herewith my report of an audit of the books and accounts of the town of Harwich for the period from April 13, 1948 to March 5, 1949, made in accord- ance with the provisions of Chapter 44, General Laws. This is in the form of a report made to me by Mr. Her- man B. Dine, Assistant Director of Accounts.
Very truly yours,
FRANCIS X. LANG, Director of Accounts
FXL:GBS
Mr. Francis X. Lang Director of Accounts
Department of Corporations and Taxation
State House, Boston
Sir :
As directed by you, I have made an audit of the books and accounts of the Town of Harwich for the period from April 13, 1948, the date of the previous examination, to March 5, 1949, the following report being submitted thereon:
The financial transactions, as recorded on the books of the several departments receiving or disbursing money for the town or committing bills for collection, were examined, checked, and verified by comparison with the books of the treasurer and the town account- ant.
The ledger accounts were analyzed. The receipts, as recorded, were checked with the treasurer's books,
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while the payments were compared with the warrants authorizing them and with the treasurer's records of payments.
The appropriation accounts were checked with the town clerk's records of town meeting proceedings and the recorded transfers from the reserve fund were veri- fied by comparison with the records of the finance com- mittee.
The necessary adjustments resulting from the audit were made, and a balance sheet, showing the financial condition of the town on March 5, 1949, was prepared and is appended to this report.
The books and accounts of the town treasurer were examined and checked in detail. The recorded receipts were analyzed and compared with the records in the departments collecting money for the town and with the other sources from which money was paid into the town treasury, while the payments were checked with the selectmen's warrants authorizing the disburse- ment of town funds. The cash balance on March 5, 1949 was proved by reconciliation of the bank balances with statements furnished by the banks of deposit.
The payments on account of maturing debt and in- terest were proved with the amounts falling due during the period covered by the audit and checked with the cancelled securities on file.
The records of tax titles held by the town were ex- amined and checked. The amounts added to the tax title account were compared with the collector's rec- ords, the redemptions were verified, and the tax titles on hand were listed and proved.
The books and accounts of the tax collector were ex- amined and checked. The tax, motor vehicle and trail- er excise, and assessment accounts outstanding at the time of the previous examination and all subsequent commitments were audited and reconciled with the assessors' warrants. The payments to the treasurer were checked to the treasurer's cash book, the record- ed abatements were compared with the assessors' records of abatements granted, and the outstanding accounts were listed and proved.
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The records of departmental accounts receivable were examined and checked. The charges were proved, the payments to the treasurer were compared with the treasurer's recorded receipts, and the out- standing accounts were listed and proved.
The commitments of water rates and services were examined and checked. The recorded payments to the treasurer were compared with the treasurer's cash book, the abatements were verified, and the outstand- ing accounts were listed and proved.
Verification of the outstanding tax, motor vehicle and trailer excise, assessment, departmental, and water accounts was made by sending notices to many persons whose names appeared on the books as owing money to the town, and from the replies received thereto it appears that the accounts, as listed, are correct.
The records of licenses and permits issued by the selectmen, the town clerk, and the health department were examined and checked, and the payments to the State and to the town treasurer were verified.
The records of receipts from rentals of town build- ings, of the sealer of weights and measures, and of the school and library departments were examined, check- ed, and reconciled with the treasurer's books.
The surety bonds of the officials required by law to furnish them for the faithful performance of their duties were examined and found to be in proper form.
In addition to the balance sheet referred to, there are appended to this report tables showing a recon- ciliation of the treasurer's cash, summaries of the tax, motor vehicle and trailer excise, assessment, tax title, departmental, and water accounts, together with tables showing the condition and transactions of the trust and investment funds.
For the cooperation received from the officials of the town while engaged in making the audit, I wish, on behalf of my assistants and for myself, to express appreciation.
Respectfully submitted, HERMAN B. DINE Assistant Director of Accounts
HBD:GBS
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1949 Report Harwich Water Department
To the Citizens of the Town of Harwich:
We submit herewith for your consideration the Thirteenth Annual Report of the Harwich Water Depart- ment for the year ending December 31, 1949.
This department continued to expand during the year, the percentage of increase in all activity being far great- er than any previous year to date. The yardstick usually used to gauge the activity of the water utility is receipts, new service installations and water pumped. Receipts totaled $40,811.95, an increase of 17% ; 165 new services were installed, 19% above the previous high, and 105,- 434,164 gallons of water pumped which is 43% above 1948.
The continued expansion of the water system presents many problems. We have outgrown many of our facilities and lack the trained personnel necessary to satisfactorily maintain a department of our size. For the past several years we have concentrated on construction with the re- sult that our maintenance program has been neglected, as it was considered the large volume of construction work would not continue more than two or three years, however, it is now obvious that the department must maintain an adequate staff to not only handle the in- creased maintenance work but a sizable amount of con- struction as well. Our operating budget has not kept pace with the growth of the department and experiences of the past year indicate this condition must be corrected. Provisions have been made in our 1950 budget for addi- tional personnel and certain essential equipment. Al- though the figure has been kept at a minimum, it should enable us to correct many of the difficulties of the past year.
A total of 13,167 feet of 2", 6" and 8" pipe was in- stalled with funds made available at the Annual Town Meeting. The Board followed the same policy as it has in the past in determining the location of the various
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extensions. All applications for extensions submitted to this office were carefully evaluated on the basis of return to the department in relation to the cost of extension. Needless to say, the amount of money available was not sufficient to do all the work requested, however, the re- turn to the department on the streets chosen was very satisfactory.
Bids were called for installing the pipe involved and a contract was signed with the low bidder, Fred W. Crowell of Harwich Port. Although the work progressed slowly, the quality was good.
The cost of cast iron pipe and other main line ma- terials probably reached their peak during the year. There is some indication that pipe will level off about 10% below the peak. Other materials, apparently, will remain at their present level.
Very little progress was made in tying in dead ends. A dead end on Hiawatha Road was eliminated and an- other section of pipe was installed on Grey Neck Road with hopes it will be possible to complete the remaining section next year, thereby eliminating the longest dead end in the system. We wish to repeat our recommenda- tion of previous years that funds should be made avail- able to tie in a few of these dead ends each year.
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