USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1956 > Part 10
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There being no further business under Article 62, the Moderator declared it disposed of.
Article 63. (Public Address System.)
On the substitute motion of Malcolm H. Masters of Precinct 6 to amend the motion of the Finance Committee, which was seconded and was declared by the Moderator to have carried, it was
VOTED: That no action be taken under Article 63 of the War- rant.
There being no further business under Article 63, the Moderator declared it disposed of.
Article 64. (Acceptance of Legislative Act.)
On the substitute motion of Selectman Greeley to amend the motion of the Finance Committee, which was seconded and was declared by the Moderator to have carried on a standing vote, 106 having voted in the affirmative and 58 in the negative, it was
VOTED: That the sum of two hundred (200) dollars, be and hereby is appropriated for the celebration in 1956 of the founding of the United Nations Assembly, subject to enabling legislation enacted by the General Court, said sum to be raised by general tax and to be expended under the direction of the Board of Selectmen.
There being no further business under Article 64, the Moderator declared it disposed of.
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ARLINGTON TOWN REPORT
Article 65. (Acceptance of Gift of Land.)
VOTED: (Unanimously ) That the Town of Arlington does accept a gift to the Town from the Gulf Oil Corporation of a strip of land ten (10) feet in width abutting the southeasterly side line of River Street, from Decatur Street to a point substantially ninety- seven (97) feet southwesterly from Decatur Street.
There being no further business under Article 65, the Moderator declared it disposed of.
Article 66. (War Memorial.)
VOTED : (Unanimously ) That no action be taken on Article 66 of the Warrant.
There being no further business under Article 66, the Moderator declared it disposed of.
Article 67. (Sale of Fire Engine.)
VOTED: That the Town Manager be and hereby is authorized on behalf of the Town to sell, transfer or otherwise dispose of one obsolete 1926 Seagrave 750 gallon pumper fire engine owned by the Town and formerly used by the Fire Department.
There being no further business under Article 67, the Moderator declared it disposed of.
Article 68. (Acceptance of Gift of Land.)
VOTED: (Unanimously ) That the Town of Arlington does accept a gift to the Town from Peter A. Caporale of a strip of land twenty (20) feet in width from the southeasterly side of Forest Street, over Lot 3 to Lot A, as shown on a plan entitled "Plan Show- ing Proposed 20 Ft. Passageway, Arlington, Mass., Scale 1"=20', Dec. 1955, W. H. Roby, Town Engineer" on file in the office of the Town Engineer.
There being no further business under Article 68, the Moderator declared it disposed of.
Article 69. (Advertising Town By-Laws.)
VOTED: (Unanimously) That the sum of two hundred (200) dollars be and hereby is appropriated for the purpose of defraying the expense of advertising and other costs relating to the By-Laws voted at this meeting; said sum to be raised by general tax and expended under the direction of the Town Clerk.
There being no further business under Article 69, the Moderator declared it disposed of.
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TOWN RECORDS
Article 70. (Additional Appropriation; Joint Planning Committee. )
VOTED: (Unanimously ) That the additional sum of three thousand five hundred (3500) dollars be and hereby is appropriated for the use of the "Joint Planning Committee" appointed under Article 71 of the Warrant for the 1953 Annual Town Meeting; said sum to be raised by general tax.
There being no further business under Article 70, the Moderator declared it disposed of.
Article 71. (Improvement of Peirce School Playground.)
VOTED: (Unanimously) That the sum of eleven thousand (11,000) dollars be and hereby is appropriated for the improvement of the Peirce School Playground area; said sum to be raised by general tax and expended under the direction of the Peirce School Playground Improvement Committee appointed under Article 72 of the Warrant for the 1955 Annual Town Meeting and the Town Manager.
There being no further business under Article 71, the Moderator declared it disposed of.
Article 72. (Amendments to the Town Manager Act.)
By direction of the Moderator, Sections 1 to 11, both inclusive, were taken up separately in the order in which they appear in the Warrant and the recommendations of the Finance Committee under said sections as presented in their printed report were considered for action by the Town Meeting, separately, under the respective sections as they appear in said report.
Section 1 taken up.
VOTED: That the Board of Selectmen and the Committee ap- pointed under Article 86 of the warrant for the 1955 Annual Town Meeting be and hereby is authorized and empowered on behalf of the- Town to petition the General Court for legislation to amend Chapter 503 of the Acts of 1952, being an "Act Establishing a Town Manager Form of Government for the Town of Arlington", in the following. manner:
AN ACT AMENDING CERTAIN SECTIONS OF CHAPTER 503 OF THE ACTS OF 1952 WHICH ESTABLISHED A TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF ARLINGTON
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1. Chapter 503 of the Acts of 1952 is hereby amended by striking out Section 4 and inserting in place thereof the following section :- Section 4. Appointive Powers of Selectmen. -The Selectmen shall appoint and may remove the town accountant, election officers, the boards of appeal and the registrars of voters, except the town clerk as a registrar.
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ARLINGTON TOWN REPORT
Section 2 taken up.
VOTED: Section 2. Said Chapter 503 is hereby further amend- ed by adding in Section 9, at the end of the first sentence thereof, the words "except the office of town meeting member", so that the first sentence of said Section 9, as amended, reads as follows :- A member of the board of selectmen, or of the school committee, or of the finance committee shall, during the term for which he was elected or appointed, be ineligible either by election or appoint- ment to hold any other town office, except the office of town meeting member.
Section 3 taken up.
VOTED: Section 3. Said Chapter 503 is hereby further amend- ed by striking out the first sentence of Section 11, and inserting in place thereof the following new sentence in Section 11 :- The selectmen elected as provided herein shall appoint, as soon as practicable, for a term of three years, and thereafter upon the expira- tion of said term or any succeeding term of a manager the select- man shall appoint as soon as possible, but in any event not later than 90 days after the expiration of said term, a town manager for a term of three years, who shall be a professionally qualified person especially fitted by education, training and experience to perform the duties of the office, and have at least three years experience as a city or town manager, and who shall be a citizen of the United States of America.
Section 4 taken up.
VOTED: Section 4. Said Chapter 503 is hereby further amend- ed by striking out Section 12 and inserting in place thereof the following :- Section 12. Temporary or Acting Manager .- (a) The town manager may, subject to approval by the board of selectmen, designate, by letter filed with the town clerk, a qualified officer of the town as temporary town manager to perform the duties of the manager during his temporary absence or his temporary disability, except during removal proceedings. In the event of the failure of the manager to make such designation, the selectmen shall forthwith, by resolution, designate an officer of the Town to perform the duties of, and have the powers of. the manager. until the manager shall return or his disability shall cease. (b) When a vacancy occurs in the office of town manager for any reason other than for expiration of his term, the selectmen shall appoint, as soon as possible, but in any event not later than 90 days after such vacancy occurs, an acting town manager for the balance of the unexpired term. Such appointment shall, insofar as practicable, be subject to the same conditions and qualifications for the manager as set forth in Section 11 hereof; if not so practicable, the selectmen shall so appoint a qualified officer of the town as acting manager for the balance of the unexpired term.
Section 5 taken up.
VOTED: Section 5. Said Chapter 503 is hereby further amend- ed by striking out Section 14 as so appearing, and inserting in place thereof the following :- Section 14. Compensation of Manager .- The town manager shall receive such compensation for his services
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TOWN RECORDS
as may be appropriated by the Town, and any acting town manager who meets the requirements of Section 11 shall receive such com- pensation at the same rate as has been appropriated for the manager, for the period during which the acting manager so serves.
Section 6 taken up.
On motion of Arthur D. Saul, Jr. of the Finance Committee, as amended by John O. Parker, Chairman of the Town Manager Act Study Committee, it was
VOTED: Section 6. Said Chapter 503 is hereby further amend- ed by striking out Section 15 (a) as so appearing, and inserting in place thereof the following :- (a) The town manager shall supervise and direct the administration of all departments, commissions, boards and offices, except the board of selectmen, the school commit- tee, moderator, town clerk, town treasurer and collector, town ac- countant, assessors, registrars of voters, election officers, boards of appeal, the finance committee, and the personnel board.
Said Chapter 503 is further amended by adding at the end of Section 15(b) the following new sentence :- The town manager may temporarily establish such new jobs as he deems necessary and appoint temporary employees thereto. Such jobs shall be placed under the Classification and Pay Plans at the next succeeding special or annual town meeting.
Said Chapter 503 is hereby further amended by striking out Section 15(c) and inserting in place thereof the following new section: (c) Subject to the provisions of Chapter Thirty-One of the General Laws where applicable, and except as otherwise provided herein, the town manager shall appoint upon merit and fitness alone, and may transfer and remove, all officers and employees of the town, including maintenance employees of the school department and school custodians, but excluding other employees of the school department. Town officers and full-time employees not subject to said Chapter Thirty-One shall not be removed by him except on ten working days' notice in writing to said officer or employee, setting forth the cause of such removal.
Said Chapter 503 is hereby amended by striking out the last sentence of Section 15(g) thereof and substituting the following new sentences :- Except as otherwise voted by the town, the school committee shall be responsible for the study, consideration and recom- mendations as to construction, reconstruction, alterations, improve- ments and other undertakings pertaining to school buildings or property. Except as otherwise voted by the Town, the Town Manager shall be responsible for the preparation of plans and the supervision of work relating thereto, authorized by the Town. Except as other- wise voted by the town, the Town Manager shall be responsible for the preparation of plans and the supervision of work on all other construction, reconstruction, alterations, improvements and other undertakings authorized by the town.
Said Chapter 503 is hereby further amended by deleting the word "may" as it appears in the last sentence of Section 15(h) thereof, and substituting therefor the word "shall", so that said sentence as amended reads :- Except as otherwise herein provided, he shall award all contracts for all departments of the town.
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ARLINGTON TOWN REPORT
Section 7 taken up.
VOTED: Section 7. Said Chapter 503 is hereby further amend- ed by adding at the end of the fifth sentence of Section 23 thereof the words "except those trustees appointed pursuant to the terms of a trust instrument or will, and those trustees appointed pursuant to the provisions of any special law or town by-law", so that said fifth sentence as amended reads as follows :- Upon the appointment and qualification of the members of the board of commissioners of trust funds as provided in this section the terms of office of the then existing trustees of trust funds of the town shall terminate, except those trustees appointed pursuant to the terms of a trust instrument or will, and those trustees appointed pursuant to the provisions of any special law or town by-law.
Said Section 23 is further amended by inserting after the word "town" in the seventh sentence the following words :- "except those trust funds under the administration of a trustee or trustees ap- pointed pursuant to the terms of a trust instrument or will or pur- suant to the provisions of any special law or town by-law", so that said seventh sentence as amended reads as follows :- They shall have administration of all trust funds of the town except those trust funds under the administration of a trustee or trustees appointed pursuant to the terms of a trust instrument or will or pursuant to the pro- visions of any special law or town by-law, and except the cemetery trust funds and the library trust funds.
Section 8 taken up.
VOTED: Section 8. Said Chapter 503 is hereby further amend- ed by striking out Section 30, and inserting in place thereof the following section :- Section 30. Officers, Agents, and Employees of the town not to make contracts with the town. - It shall be unlawful for any officer, agent or employee of the town, except a town meeting member who is not also such an officer, agent or employee, to make a contract, directly or indirectly, expressed or implied, with the town, except for personal services within the amount appropriated by the town, or to receive any commission, discount, bonus, gift, contribution or reward from, or share in the profits of, any person or corporation making or performing such a contract; provided that when a contractor with the town is a corpo- ration, the legal or beneficial ownership by an officer, agent or em- ployee of the Town of five per cent or less of the shares of stock of such corporation actually issued, or employment of such officer, agent or employee by such corporation, shall not make such contract un- lawful within the meaning of this section, unless such employee has a pecuniary or proprietary interest in said contract, or solicits or takes part in the making thereof. Violation of any provision of this section shall render the contract in respect to which such violation occurs voidable at the option of the selectmen. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
Section 9 taken up.
VOTED: Section 9. Said Chapter 503 is hereby further amend- ed by striking out Section 31 and inserting in place thereof the following section :- Section 31. Estimates of Expenditures .- On
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TOWN RECORDS
or before the first day of December of each year the town manager shall submit to the selectmen a careful, detailed estimate in writing of the fiscal requirements for the ensuing fiscal year of each fund and department under his control, and he shall state the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town. All other boards and depart- ments not under the control of the manager shall likewise submit detailed estimates for their respective departments on the said date of December 1, and shall furnish copies thereof to the town manager. All the estimates required by this section shall include a statement of the expenditures for the same purposes in the two preceding years.
Section 10 taken up.
VOTED: Section 10. Said Chapter 503 is hereby further amended by striking out Section 32 and inserting in place thereof the following section :- Section 32. Annual Budget .- The select- men shall consider the estimates submitted by the town manager and other department heads, and on or before the twenty-first day of December of each year transmit copies thereof together with their recommendations relative thereto to each member of the Finance Committee.
Section 11 taken up.
VOTED: Section 11. Said Chapter 503 is hereby further amend- ed by striking out in Section 48 the seventh and eighth sentences thereof and substituting therefor the following :- The said revocation shall not affect any contract then existing or any action at law or any suit in equity or any other proceeding then pending, with the excep- tion of any contract made by the town with the town manager then in office, whose office shall be abolished upon the effective date of the said revocation.
There being no further business under Article 72, the Moderator declared it disposed of.
At this point, a recess was taken from 10:00 to 10:20 P.M.
On motion of Daniel J. Mahoney of Precinct 4, duly seconded, it was
VOTED: (On a standing vote, 112 having voted in the affirma- tive and 39 in the negative, more than the required two-thirds.) That the votes under Article 28 of the Warrant be reconsidered. (Proposed Alteration of Zoning Map - Area off Wellington Street.)
After discussion of the substitute motion presented under Article 28 by Clarence A. Burke of Precinct 4 at the meeting on March 26, 1956, which was declared by the Moderator to have carried, it was
VOTED: (On a standing vote, 130 having voted in the affirma- tive and 21 in the negative, more than the required two-thirds.) That the Town amend its Zoning By-Law by altering the zoning map therein referred to so as to include in the Residence D District the area now included in the Residence A District, bounded and described as follows :-
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ARLINGTON TOWN REPORT
SOUTHWESTERLY NORTHWESTERLY by land of Earl J. and Mary J. MacDonald, 170.77 feet;
by Wellington Street, 90 feet;
NORTHEASTERLY by land of Frederick A. and Alice M. Carl- ton and by land of Laura C. and Mildred Emerson, 90.13 feet; and
SOUTHEASTERLY by land of William S. and Charlotte I. Whittemore and Robert G. and Grace M. Morel, 172.97 feet.
There being no further business under Article 28, the Moderator declared it disposed of.
Article 73. (Reprinting the Town Manager Act.)
VOTED: That the sum of two hundred thirty five (235) dollars be and hereby is appropriated to reprint the Town Manager Act, so- called, as amended; said sum to be raised by general tax and ex- pended under the direction of the Town Clerk.
There being no further business under Article 73, the Moderator declared it disposed of.
Article 74. (Amendment of the Town's By-Laws.)
On motion of Robert J. Croak of Precinct 13, duly seconded, it was
VOTED: That Article 74 be laid on the table.
Article 75. (Amendment of Town's By-Laws.)
VOTED: That Article 8 of the By-Laws of the Town be and hereby is amended by striking out Section 1 and by striking out Section 2 of Article 8 and inserting in place thereof the following: Section 1. The members of the Finance Committee shall be appointed for terms of three years each. In any year when the term of any member expires, his successor shall be appointed for a term of three years. The said terms shall expire on the seventh day after the final adjournment of the annual town meeting but the members shall respectively continue to act as such until their successors are ap- pointed.
There being no further business under Article 75, the Moderator declared it disposed of.
Article 76. (Amendment of Town's By-Laws.)
VOTED: That the By-Laws of the Town be and hereby are amended by striking out Section 16 of Article 9 of said By-Laws.
There being no further business under Article 76, the Moderator declared it disposed of.
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TOWN RECORDS
Article 77. (Reprinting of Town's By-Laws.)
VOTED: That the sum of four hundred thirty six (436) dollars be and hereby is appropriated for printing a new edition of the By- Laws of the Town of Arlington; said sum to be raised by general tax and expended under the direction of the Town Clerk.
There being no further business under Article 77, the Moderator declared it disposed of.
On motion of Arthur D. Saul, Jr. of the Finance Committee, duly seconded, it was
VOTED: That the meeting adjourn.
The meeting thereupon adjourned at 11:00 P.M., Monday, April 2, 1956, until Wednesday evening, April 4, 1956, at 8 o'clock.
A true record, ATTEST:
JAMES J. GOLDEN
Town Clerk
ADJOURNED ANNUAL TOWN MEETING, APRIL 4, 1956
Pursuant to the vote of adjournment of April 2, 1956, and written notices sent by mail by the Town Clerk, the town meeting members met in the Town Hall on Wednesday evening, April 4, 1956, to act upon the remaining articles set forth in the Warrant for the Annual Town Meeting.
Lists of the duly qualified town meeting members were used at the entrances of the meeting place and were in charge of Philip T. Robinson and James E. Sweeney. The lists contained the names of two hundred fifty-two (252) town meeting members.
The check lists filed with the Town Clerk at the close of the meeting showed that one hundred ninety-six (196) members and seven (7) members-at-large attended the meeting.
The Moderator, Lawrence E. Corcoran, declaring a quorum present, called the meeting to order at 8:10 o'clock P.M.
The meeting was opened with the singing of "The Star Spangled Banner" by the assembly, accompanied by Mr. Augustus Mazzocca and Mr. Walter E. Russell of the School Department, and prayer offered by Rabbi Herman H. Rubenowitz of Arlington, Honorary President of the Rabbincal Association of Greater Boston.
On motion of Selectman Greeley, duly seconded, it was
VOTED: That if all the business of the meeting as set forth in the Warrant is not disposed of at this session, when the meeting adjourns, it adjourn to Monday evening, April 9, 1956, at 8 o'clock.
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ARLINGTON TOWN REPORT
On motion of Arthur D. Saul, Jr. of the Finance Committee, duly seconded, it was
VOTED: That Article 25 of the Warrant be taken from the table. (Town Departmental Outlays and Expenses.)
On motion of Arthur D. Saul, Jr. of the Finance Committee, duly seconded, it was
VOTED: That Budget 33 be taken from the table. (Division of Highways and Bridges-Town Manager.)
By consent of the meeting, the motion of the Finance Committee was considered withdrawn, and on the new motion of Arthur D. Saul, Jr. of the Finance Committee, which was seconded, it was
VOTED:
33. Division of Highways and Bridges (Town Manager)
Maintenance of Highways and Bridges
to be expended substantially as follows:
Labor
$ 195,000.00
Expenses 35,000.00
Removal of Snow and Ice
Wages, Materials and Expense 203,826.68
Maintenance of Snow Removal Equipment and Supplies 5,000.00
TOTAL $ 438,826.68
VOTED: To be raised by General Tax $431,826.68 To be taken from the Parking Meter Fund a/c
removal of Snow and Ice from Parking Areas .... $ 7,000.00
On motion of Warren E. O'Leary of Precinct 13, duly seconded, it was
VOTED: (On a standing vote, 149 having voted in the affirma- tive and 5 in the negative, more than the required two-thirds.) That the vote under Budget 40 of Article 25 of the Warrant be re- considered. (Public Parks and Playgrounds-Town Manager.)
On the substitute motion of Arthur D. Saul, Jr. of the Finance Committee, which was seconded and was declared by the Moderator to have carried, it was
VOTED:
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TOWN RECORDS
40.
Public Parks and Playgrounds (Town Manager)
Personal Services
$ 66,818.00
Capital Outlay (to be expended substantially as follows)
Fencing
$1290.00
Playground Equipment 500.00
General Improvements
1300.00
Floodlighting
2000.00
Maintenance Equipment
3600.00
1/2 T. Pick-up Truck $1768.
Less turn in on old Truck
50. 1718.00
10,408.00
Expenses incurred outside the Com-
monwealth, as described in Gen-
eral Laws, Chapter 40, Section 5,
Paragraph 34
200.00
TOTAL $ 91,426.00
Detail Personal Services
Superintendent
$ 5.431.00
Principal Clerk-Stenographer 3,234.50
Park Foreman
4,464.50
Recreation Supervisor
3.985.00
Laborers and Others
49,703.00
$ 66,818.00
There being no further business under Article 25, the Moderator declared it disposed of.
On motion of Arthur D. Saul, Jr. of the Finance Committee, duly seconded, it was
VOTED: That Article 3 be taken from the table. (Reports of Committees. )
Percival E. Richardson presented the report of the committee appointed to investigate, consider and make recommendations as to swimming conditions at the Arlington Heights Reservoir Beach and, on motion duly made and seconded, it was
VOTED: That the report be received.
On motion of Arthur D. Saul, Jr. of the Finance Committee, duly seconded, it was
VOTED: That Article 3 be laid on the table.
Article 78. (Committee on Swimming Conditions at Arlington Heights Reservoir Beach.)
VOTED: That the scope of the powers of the committee known as "Committee on Swimming Conditions at the Arlington Heights Reservoir Beach" authorized under Article 81 of the 1954 Annual Town Meeting be extended by adding to their powers the power to investigate, consider and make recommendations for utilization of the
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