USA > Massachusetts > Essex County > Hamilton > Town of Hamilton Annual Report 1951 > Part 6
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PROSPECTS OF STATE HELP
Although the law provides that the state may reimburse a town for one- half of the money spent for the control of the Dutch elm disease, in excess of one-fiftieth of one per cent of the town's evaluation, lack of appropria- tions has made this provision largely inoperative up to the present. Also, the law provides for state financial help in removing elms infected with the Dutch elm disease from private property. This provision too, has been largely inoperative due to lack of funds. The Commonwealth has appro- priated only $65,000 for specific use in controlling this disease in 1952. Therefore, it would seem unlikely that any one town could look to the state for any substantial financial help. The Shade Tree Laboratories at the University of Massachusetts receive an independent appropriation from the state for carrying out the functions of research and laboratory service.
THE PROBLEM IN HAMILTON
The town of Hamilton is in the fortunate position of having escaped the ravages of the Dutch elm disease to date. It can reduce the chances that its elms will be severely stricken by taking a few relatively inex- pensive precautions. Failure to do this may result in more costly operations in the future plus the loss of valuable elms.
The immediate need, as determined in the course of the survey, is to eliminate the possible breeding places for elm bark beetles. Since 20 out of the 24 elms in need of removal are on private property, the major problem is that of determining the most economical manner in which to prevent these private trees from becoming centers of infestation. Since removal is relatively costly, it is unlikely that either the owners or the town will be willing to accomplish this. Therefore, we recommend that the town adopt a policy of spraying all private elms which are suspected of being potential breeding places for the elm bark beetles. These trees should be sprayed every 2 months, from late April until September with a 12 per cent DDT emulsion spray. This should be continued each year until the trees are removed, or until the bark falls off. Since this treatment is a substitute for removal, it should be borne in mind that heavy dosages are necessary to kill bark beetles emerging from under the bark.
The 4 public elms in need of removal should be taken down and burned before the beetles become active in the spring. Any elm which has symp- toms of the Dutch elm disease subsequent to leaf emergence should receive immediate spraying for the protection of other elms, pending confirma- tion by a laboratory.
Pruning constitutes another immediate need, both on public and pri- vate elms, but particularly the latter. One row of private elms located about 30 feet from Main Street was badly in need of such treatment. If pruning cannot be accomplished, reliance will have to be placed on DDT to prevent bark beetle breeding in dead branches.
As far as the woodland elms are concerned, we recommend that they be neglected unless the disease should become rampant in Hamilton. In such event, consideration should be given to spraying these trees by helicop- ter.
We suggest that the town consider the desirability of purchasing a power saw for its tree department. Other towns have found that a power saw will pay for itself in a short time through savings in man hours re- quired to remove large trees. Low cost removal service could be offered to owners of private elms, thereby encouraging them to keep their property free of breeding places.
PROTECTION AGAINST LEAF-EATING INSECTS
In this report we have recommended that where only two sprayings are possible. they be timed for maximum effectiveness against the elm bark beetle, because we know that the Dutch elm disease is currently of much greater danger than the leaf-eating insects. Complete protection against the elm leaf beetle, and other chewing insects, may not be obtained if the recommended spraying program for the Dutch elm disease is followed. However, the town of Greenwich. Connecticut has found that the two sprays against the elm bark beetle are very effective in preventing damage from the elm leaf beetle.
SUMMARY OF RECOMMENDATIONS FOR CONTROLLING THE DUTCH ELM DISEASE
1. Apply a dormant and foliage DDT spray to all elms of property value in Hamilton. If possible, apply at least 1 pound of actual DDT per tree for the dormant spray and 1/2 pound for the foliage spray to the priority public elms.
2. Remove all dead and dying public elms before April and burn them. If the dead and dying private elms cannot be removed, spray them well when the healthy trees are sprayed. Repeat this spraying every 2 months. Keep the removal work current.
3. Elms suspected of having Dutch elm disease subsequent to leaf emergence should be thoroughly sprayed without delay.
4. Prune the dead branches from otherwise healthy elms, beginning with the more valuable trees.
5. Assume the responsibility for scouting and collecting samples from trees suspected of having the Dutch elm disease. Samples should be tagged and sent to the Shade Tree Laboratories at the University of Massachusetts for analysis. Scouting should be done at least twice during the year-in May and again in August.
6. Conduct an educational campaign to encourage owners of private elms to have their healthy elms pruned of dead wood and their dead elms removed if the town cannot assume this responsibility.
7. Make it financially possible for the Tree Warden to attend meet- ings on the Dutch elm disease so that the town can profit from the experi- ence of others and keep abreast of current developments.
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8. Organize and maintain a citizens' Dutch elm disease committee to help the town officials carry out this program. Such a committee can be particularly useful in securing the cooperation of the owners of private elms.
SUGGESTED BUDGET FOR CONTROL OF THE DUTCH ELM DISEASE IN 1952
Spraying
$1,000.00
Removal
500.00
Pruning
500.00
Total $2,000.00
In suggesting the above budget, we have not made provisions for the removing, spraying, or pruning of private elms. We have, however, allowed for spraying dead and dying elms on private property.
JOHN EDWARD COX, JR.
JOHN EDWARD COX, JR.
John Edward Cox, Jr., was born in Hamilton, February 18, 1896. He was educated in the Hamilton schools, and was practically a life-long resi- dent of Hamilton.
On August 25, 1917 he enlisted in the Army Air Service, and was Honorably Discharged December 17, 1918. He always maintained an active interest in the local American Legion Post, the Boy Scouts, Com- munity Service and other civic and social organizations of the Town.
He served the Town as a member of the Finance Committee, and in 1943 was appointed Water Superintendent, which position he held until 1948 when he was obliged to retire because of poor health.
About a year or so ago he moved to Oradell, New Jersey, where he passed away on December 23, 1951.
With malice toward none, friendly to all, he was held in high esteem by all who knew him.
ROBERT B. WALSH
ROBERT B. WALSH
Robert B. Walsh, for 33 years a devoted and beloved public servant of the town of Hamilton, died on September 19 of the past year at the age of 87. His death came as a heavy blow to his legion of friends in this area, and Hamilton is the poorer for his passing.
Mr. Walsh, or "Bob" as he was affectionately known, came to Hamilton from his native Boston shortly after receiving his law degree from Boston University. Almost immediately, and while associated with a Boston legal firm, he displayed an interest in the affairs of the town. He served as Hamilton moderator and as chairman of the local library trustees. But as Town Counsel he was most widely known, a capacity in which he served with great distinction for over 30 years, and from which the town reluctant- ly accepted his resignation in March of the past year.
Mr. Walsh was deeply interested in the welfare of Hamilton children, and his concern was reflected in his efforts to provide facilities for their play. Indeed, as originator of the splendid Patton Playground project, he has come to be known as "father of the Hamilton playground program." Chebacco Lake Park, too, was dedicated in his name, as the East School had previously been named for his late wife, Mrs. Adelaide Dodge Walsh.
As a young man, Mr. Walsh also served as representative of our 15th Essex District in the General Court, and was a member of Co. G, 15th Rgt., National Guard, during the first World War.
As a token of the high regard in which he was held by his fellow citizens, Mr. Walsh was honored with a testimonial dinner at the time of his resignation as Town Counsel. On that occasion he was presented with a scroll memorializing his achievements as attorney, good citizen, sterling public servant, and warm friend. In fitting tribute to one of the town's outstanding officials, this scroll now holds a place of honor in Hamilton Town Hall.
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WARRANT FOR THE ANNUAL TOWN MEETING
ESSEX, ss. To the Constable of the Town of Hamilton: GREETINGS :
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Hamilton, qualified to vote in election and Town affairs to meet in the Town Hall in said Town on Monday, the third day of March, nineteen hundred and fifty-two (March 3, 1952), at seven-thirty o'clock in the evening (7:30 P. M.) then and there to act on the following articles, viz.
Article 1. To bring your ballots for :
Moderator for one year.
Town Clerk for one year.
Three Selectmen for one year.
Treasurer for one year.
Tax Collector for one year.
One Assessors for three years.
One Highway Surveyor for one year.
One Tree Warden for one year.
One member of the School Committee for three years.
One Library Trustee for three years.
One Park Commissioner for three years.
One Cemetery Commissioner for three years.
One Water Commissioner for three years.
One member of the Planning Board for five years.
The above named officers to be voted for on one ballot on Tuesday, the eleventh day of March, 1952 (March 11, 1952). The polls will be opened at 5 :45 o'clock A. M. and will close at 8:00 o'clock P. M.
Article 2. To choose and appoint all other Town Officers in such manner as the Town may determine.
Article 3. To hear the reports of the Town Officers and of the Finance and Advisory Committee and all other committees and take any action thereon or relative thereto.
Article 4. To raise and appropriate money for Schools, Highways, and all other Town expenses and determine the manner of expending the same.
Article 5. To see if the Town will vote to raise and appropriate a sum of money for Chapter 90 Maintenance or take any action thereon or relative thereto.
Article 6. To see if the Town will vote to raise and appropriate or transfer from the Excess and Deficiency Account a sum of money for Chapter 90 Highway Construction on Essex Street, or take any action thereon or relative thereto.
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Article 7. To see if the Town will vote to raise and appropriate or transfer from the Overlay Reserve Account the sum of $4,500 for the Finance Committee Reserve Fund, or take any action thereon or relative thereto.
Article 8. To see if the Town will vote to transfer the sum of $900 from the Cemetery Sale of Lots and Graves Fund to the Cemetery Account for the purpose of making improvements to the Town Cemetery, or take any action thereon or relative thereto.
Article 9. To see if the Town will vote to authorize the Selectmen to make changes and alterations in the Town Hall and in the arrangements of the rooms of the departments, boards and officers of the Town within and without the Town Hall building in such manner as the Selectmen may deem necessary or desirable in order to remedy present congested conditions and to protect valuable towns records, and to purchase and install a new vault and such other additional equipment and fixtures as the Selectmen may determine, and to raise and appropriate or to transfer from the Excess and Deficiency Account a sum of money therefor, or to take any action thereon or relative thereto.
Article 10. To see if the Town will vote to raise and appropriate or transfer from the Excess and Deficiency Account a sum of money for the purchase of a new Cruiser-Ambulance for the Police Department, and pro- vide that the present Cruiser-Ambulance may be turned in to apply toward the purchase price thereof, or take any action thereon or relative thereto.
Article 11. To see if the Town will vote to approve and authorize the floridation of the town water system, raise and appropriate a sum of money therefor, or take any action thereon or relative thereto.
Article 12. To see if the Town will vote to repair, drain, grade and surface Forest Street, and raise and appropriate the sum of $2,500 therefor, or take any action thereon or relative thereto, as petitioned for by Irving L. Morse and others.
Article 13. To see if the Town will vote to acept Chapter 781 of the Acts and Resolves of 1951, being an act "relative to increasing the amounts of pensions and retirement allowances payable to certain former public employees," or take any action thereon or relative thereto.
Article 14. To see if the Town will vote to accept the re-location of a portion of Forest Street by the Selectmen as shown on a plan on file in the office of the Town Clerk, or take any action thereon or relative thereto.
Article 15. To see if the Town will vote to accept as a public town way, Crescent Road, so called, as shown on a plan on file in the office of the Town Clerk, or take any action thereon or relative thereto, as petitioned for by George A. Harrigan and others.
Article 16. To see if the Town will vote to authorize the Selectmen to remove the temporary Honor Roll erected by vote of the Town under Article 12 of the Warrant for the Annual Town Meeting held March 1, 1943, or take any action thereon or relative thereto.
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Article 17. To hear the report of the Union Health Committee appointed under Article 20 of the Warrant for the Annual Town Meeting held March 5, 1951, or take any action thereon or relative thereto.
Article 18. To see if the Town will vote to place the care and main- tenance of the grounds surrounding the high school, known as the Dorothy Winthrop Memorial Lot, and the care and maintenance of the grounds surrounding the new elementary school, when constructed, in the custody of the Park Commissioners, or take any action thereon or relative thereto.
Article 19. To see if the Town will vote to change the name of Moynihan Road to Woodside Road, or take any action thereon or relative thereto, as petitioned for by Gerald W. Cleversey and others.
Article 20. To see if the Town will vote to amend the By-Laws of the Town as heretofore adopted and amended by striking out all said By- Laws and inserting in place thereof the following as and for the By-Laws of the Town, to be effective forthwith upon approval of the Attorney Gen- eral of the Commonwealth with such deletion as he shall deem necessary, or to take any other action thereon :-
BY LAWS OF THE TOWN OF HAMILTON CHAPTER I Town Meetings
SECTION 1. The Annual Town Meeting shall be held on the first Monday of March in each year at 7:30 o'clock in the evening, at which time the transaction of Town business in pursuance of the Warrant for the Annual Town Meeting shall be transacted except the election of Town officers. If the business of the Annual Town Meeting is not completed on the evening of the first Monday of March the said Meeting may be adjourned to 7:30 o'clock of any evening or to as many evenings as the meeting votes, during the week of the first Monday of March as are neces- sary to complete the said business. The Election of Town officers shall be held on the first Tuesday following the second Monday of March. The polls for the election of said Town officers shall open at 8:00 A.M. and shall close at 8:00 P.M.
SECTION 2. Every town meeting, except as otherwise provided by law, shall be called in pursuance of a warrant, under the hands of the Selectmen, notice of which shall be given at least seven days before said meeting, by posting attested copies thereof, one at the Town Hall, and one at each of the Post Offices in said Town, seven days at least before the time of holding said meeting.
SECTION 3. Two hundred legal voters shall constitute a quorum at all town meetings.
CHAPTER II
Rules of Procedure at Town Meetings
SECTION 1. All articles in the warrant shall be taken up in the order of their arrangement, unless otherwise decided by a two-thirds vote.
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SECTION 2. In case of motions to amend, or to fill out blanks, the one expressing the largest sum or the longest time shall be put first, and an affirmative vote thereon shall be a negative vote on any smaller sum or shorter time.
SECTION 3. The report of a committee shall be deemed properly before a meeting if a request for its acceptance is included in an article of the warrant and a copy is published in the Annual Report or is filed with the Town Clerk fifteen days prior to the meeting. A vote to accept a final report shall discharge the committee but shall not be equivalent to a vote to carry out its recommendations. A vote on recommendations included in a committee report shall only be an order under an article to that effect in the warrant. A vote to accept a report of progress shall continue the committee under its original authority unless otherwise speci- fied.
SECTION 4. If an aricle of the warrant has once been acted upon and disposed of, it shall not be again considered at that meeting except by a two-thirds vote.
SECTION 5. No money shall be appropriated from the Excess and Deficiency Fund at a Special Town Meeting except by a two-thirds vote of the voters present and voting.
SECTION 6. Only registered voters of the Town shall be admitted to and entitled to vote at any annual or special meeting, provided that upon prior request the Moderator may admit to the meeting persons who are not registered voters and in his discretion may permit them to speak on a subject. Any person so permitted to speak at a meeting shall announce his full name and address to the meeting.
SECTION 7. Motions at town meetings shall be made orally, but the Moderator may require any motion also to be submitted in writing. Unless otherwise directed thereby, the Moderator shall appoint all committees created by vote of the Town.
SECTION 8. The conduct of all town meetings not prescribed by law or by the foregoing rules, shall be determined by the rules of practice contained in Cushing's Manual, so far as they are adapted to town meetings.
CHAPTER III Selectmen
SECTION 1. Except as otherwise provided by law and by these By Laws, the Selectmen shall have and may exercise all the powers of the Town and shall have general direction and management of its property and affairs. Unless otherwise provided by law, the Selectmen shall have power to acquire and dispose of personal property for the Town.
SECTION 2. The Selectmen shall determine that all elected boards and appointed committees are organized within a reasonable time and that notification thereof to the Town Clerk has been given. Copies of all con- tracts and other commitments of the funds of the Town shall be filed with the Selectmen except contracts required by law to be filed with the Town accountant under Massachusetts General Laws, Chapter 41, Section 57.
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All Town vehicles. and such other town property as the Selectmen desig- nate, shall be marked with the words "Town of Hamilton."
SECTION 3. The Selectmen are authorized and empowered to sell, and execute and deliver a deed or deeds therefor, from time to time as occasion therefor may arise, lands of low value, after first giving notice of the time and place of such sale by posting such notice of sale in some con- venient place in the Town fourteen (14) days at least before the sale, property taken by the Town under tax title procedure as provided for under Chapter 60 of the General Laws and amendments thereto. The Selectmen or whom they may authorize to hold such public auction may reject any and all such bids which they deem inadequate.
CHAPTER IV Collection of Taxes
The collector of taxes shall collect, under the title of Town Collector, all accounts due the Town including the collection of water acounts, except- ing interest on investments or sinking or trust funds. If it shall seem advisable to the Town Collector that suit or suits should be instituted and prosecuted in the name of the Town, in connection with the collection of any of said accounts due to the Town, he shall so advise the Selectmen, who shall have authority as agents of the Town to institute and prosecute the same.
CHAPTER V Finance Committee
A finance committee consisting of five members shall be appointed by the Moderator with reasonable promptness after the final adjournment of the Annual Town Meeting, to serve until the final adjournment of the next annual meeting and until their successors have been appointed. Vacancies shall be filled by the Moderator. No member of the finance committee shall be an officer of or a member of any board of the Town or any committee considering an appropriation or expenditure of money. When the warrant for a town meeting contains any article or articles under which an appropriation or expenditure of money, or the disposition of any property of the Town, may be made, the finance committee shall consider said articles after giving one or more public hearings thereon, and shall report in writing its recommendations to the said town meeting. The failure, for any reason, of the committee to make such report shall not affect the legality of any action taken at any meeting.
CHAPTER VI Legal Affairs
SECTION 1. The Board of Selectmen shall have authority to prose- cute, defend and compromise all litigation to which the Town is a party, and to employ special counsel to assist the town counsel whenever in their judgment necessity therefor arises.
The town counsel shall draft all bonds, deeds, leases, obligations, con-
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veyances, and other legal instruments, and do every professional act which may be required of him, by vote of the Town or any board of Town officers. Also, when required by said boards or any committee of the Town, he shall furnish a written opinion on any question that may be submitted to him, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject concerning the duties incumbent upon such officer by virtue of his office.
He shall prosecute all suits ordered to be brought by the Town or Board of Selectmen. and shall appear at any court in the Commonwealth in defense of all actions or suits brought against the Town or its officers in their official capacity, and shall try and argue any and all causes in which the Town shall be a party, before any tribunal, whether in law or equity, in the Commonwealth, or before any board of referees or commis- sion, and shall appear at any and all hearings on behalf of the Town when- ever his services may be required.
SECTION 2. The Selectmen shall consider all claims made against the Town and may authorize the payment of any amount not exceeding five hundred (500) dollars in settlement of any such claim, and to effect such settlement, the Selectmen may authorize the necessary payment from the Town Treasury of any funds not otherwise appropriated.
SECTION 3. The Board of Selectmen shall annually appoint an attorney-at-law to act as town counsel, who shall be paid such salary as the Town votes.
CHAPTER VII Town Contracts
SECTION 1. No officer or board of the Town shall make any con- tract on behalf of the Town in which such officer or any member of such board is directly or indirectly financially interested, except in competitive contracts.
SECTION 2. No town officer or board of Town officers having the power or authority to appoint any Town officer or agent shall appoint him- self or any member of such board to any salaried office or position; but this shall not prevent any Town officer from being chairman or clerk of the board of which he may be a member.
CHAPTER VIII Acceptance of Streets
No new street shall be accepted by the town until it has first been approved by the Planning Board under Chapter 41 of the General Laws of the Commonwealth, and in no event shall any street be accepted except upon compliance with Section 23 of Chapter 82 of the General Laws of the Commonwealth and such other laws as may be applicable to the acceptance of streets. No new street shall be accepted by the town unless adequate drainage shall have been provided, all the turf and loam shall have been removed and replaced with gravel to finish grade for the entire length and to a width of not less than 35 feet or such other width as may be
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approved by the Planning Board, and all trees and stumps shall have been removed from the entire length and width within the area to be graveled except in cases where in the judgment of the Planning Board certain trees suitable for shade and landscaping would be allowed to remain. As a con- dition precedent to the acceptance of any street by the town an engineer's survey shall be made by the petitioners and a copy shall be filed with the Selectmen, accompanied by a petition by the owners of the land over which the proposed street is to be laid out. Such petition shall be accompanied by easements from such owners to the town for all purposes for which ways may be used and satisfactory releases to the town for any and all liabilities for damage on the part of the town resulting or growing out of the purchasing, acquiring or taking of land for such layout.
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